FG: Nigeria Safe for World Leaders to Attend Buhari’s Inauguration Olawale Ajimotokan in Abuja The federal government yesterday allayed fears of world leaders, invited to witness the inauguration of President Muhammadu Buhari for a second term in office, of their safety.
It said despite security concerns over the spate of kidnappings and recent disclosure of an alleged plot to forcibly take over the government by the opposition, government had stepped up measures to guarantee the safety of world leaders and
other invited guests. Minister of Information and Culture, Alhaji Lai Mohammed, at a press conference organised by the Media and Publicity Committee of the Presidential Inauguration Committee, yesterday in Abuja, assured
guests and others that the country is safe for them to attend the event, slated for June 12, 2019. Asked about measures being taken to make the country safe since he had raised the alarm that the opposition was planning to sabotage the
government, he said he would not disclose such measures publicly. “Nigeria is safe for all world leaders to attend the inauguration… Even if we are taking measures, will I tell you here?” Mohammed said. Mohammed addressed
journalists in conjunction with other members of the committee, which included the Minister of Defence, Maj. Gen Mansur Dan Ali (rtd); Minister of Education, Malam Adamu Adamu; Minister of Continued on page 6
NAICOM Raises Insurance Firms’ Operating Capital by 200%... Page 7 Tuesday 21 May, 2019 Vol 24. No 8807. Price: N250
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SEC Probes MTN Listing on Stock Exchange Shareholders rake in N6.1bn in one day as induced scarcity continues Obinna Chima and Goddy Egene The Securities and Exchange Commission (SEC) is investigating the process that led to the listing of MTN
Nigeria on the Nigerian Stock Exchange (NSE) last Thursday, THISDAY learnt yesterday. A source said the application of the telecom firm was initially turned down by the NSE Council before it was
later reconsidered, without the authorisation of SEC. The disclosure came on the heels of an earlier THISDAY report that investors on the NSE and stakeholders waiting to purchase the shares of MTN
Nigeria Communications Plc, through an initial public offering (IPO), might do so at a very high premium whenever the telco decides to float the IPO. This was because of the
free float accommodation and some other waivers MTN Nigeria was granted by the capital market regulators to pave the way for its listing last Thursday. The source spoke amid
allegations of unapproved waivers that the NSE granted MTN Nigeria to enable it to be listed on the stock exchange. The source said: “The Continued on page 7
Nigeria’s GDP Shrinks to 2.01 per cent in Q1 2019 Oil production rises to 1.96mbpd Rewane, others seek economic plan James Emejo in Abuja and Nume Ekeghe in Lagos Nigeria’s brittle economy slowed to 2.1 percent in the first quarter of 2019 (Q1, 2019), according to data released yesterday by the National Bureau of Statistics (NBS). The nation’s economy, measured by Gross Domestic Product (GDP) growth rate, fell from the 2.38 per cent growth rate of the fourth
quarter of 2018. The economy’s performance fell below the three per cent growth rate projected by the Central Bank of Nigeria (CBN). However, when compared to the Q1 2018 performance, where real GDP growth rate stood at 1.89 per cent, the Q1 2019 growth represented an increase of 0.12 percentage points, the NBS said. Continued on page 6
EFCC: We are Investigating Okorocha... Page 7
ALL FOR WILDLIFE... L-R: Group General Counsel, Standard Chartered Bank, David Fein; Duke of Cambridge, Prince Williams; Executive Director and International Head of Financial Intelligence and Investigations at the global bank, Morgan Stanley, Ize Idemudia-Jones and others, at the joint taskforce meeting of United for Wildlife in London
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EFCC: We are Investigating Okorocha Defends freezing of N5bn state’s account Kingsley Nwezeh in Abuja The Economic and Financial Crimes Commission (EFCC) has confirmed that it is investigating the Imo State Governor, Rochas Okorocha. The anti-graft commission has also explained that it froze N5 billion funds belonging to the state government because Okorocha was spending too much money in a suspicious manner during the general election. The Acting Chairman of the anti-graft agency, Mr. Ibrahim Magu confirmed the investigation of the governor by the EFCC in an interview with Channels Television Asked if an investigation is ongoing regarding the governor, he responded, “definitely�. “Of course, we are doing a couple of checks and investigations here and there. We are investigating almost everybody,� he said. He said the commission has to get to a certain level before it can disclose any information about an
ongoing investigation. Magu explained that this was necessary to prevent any action that can jeopardise or interfere with the process of the inquiry. He said though he was aware of reports of the investigation on the social media, the details the anti-graft agency has is different from what is in the public space. The anti-graft czar granted the interview in the United Kingdom where he travelled to meet with investigators assisting the federal government in solving cases of money laundering and financial crimes. Meanwhile, the antigraft commission has also explained that it froze N5 billion funds belonging to the state government because Okorocha was spending too much money in a suspicious manner during the general election. The EFCC further stated that N8 billion Paris Club loan refunded to the state for the payment of salaries was mismanaged
by Okorocha. The EFCC’s Zonal Head for South-east, Usman Imam, said this during a chat with journalists. Imam said their timely intervention saved the state over N5 billion that would have been deployed in votebuying by the Okorocha’s administration during the last elections. The EFCC director said about N8 billion from the Paris Club Refund bailout meant for payment of workers’ salaries was kept by the government, only to begin spending it frivolously on the eve of the elections. He said, “About N7.9 billion is what had been blocked, although with pressure, subsequently, about N2.5bn was released for salaries. On the whole, we have over N5 billion of those funds blocked; we are following up to see what actually happened. “Honestly, what we discovered was that within two days, N700 million was withdrawn in cash; N200 million on the first day
and N500 million on the second day and all these monies were disbursed in a manner that was honestly unpalatable. “Distribution to school teachers; I don’t know, schools that you were not funding and you woke up on the eve of the election and withdrew N500 million cash and start distributing N1,000 each or so to teachers. Whatever that means, I don’t know. “When we came in, we were able to save about seventy something million of the funds that we discovered were not disbursed, we also blocked it. People are still answering questions as to who asked them to move those monies, monies that were blocked at the banks.� Imam said it was unfortunate the funds in question were meant for the payment of salaries and pensions which remained unpaid. He said hopefully when Emeka Ihedioha resumes office, the funds would be put to better use.
Imam added, “The sad story about this was that these monies were the intervention funds; the bailout funds that the federal government released to states to pay salaries when they were having problems paying salaries. “They didn’t utilise that money to pay the salaries; they warehoused it and kept it until the election period, they started attempting to draw down the money. Whatever happens, we have saved over N5 billion of that money, as we talk, two weeks to handover. Probably, the next government would have that money to use it better. There are a lot of other general investigations going on in Imo right now.� Okorocha had accused the National Chairman of the All Progressives Congress (APC), Adams Oshiomhole, and other leaders of the party of instigating the EFCC and other law enforcement agencies to arrest and detain him. Okorocha stated this in two separate fundamental
rights enforcement suits marked FHC/ABJ/ CS/474/19 and FHC/ABJ/ CS/475/19 and filed before the Federal High Court in Abuja, adding that the anti-corruption agencies had been directed to arrest and keep him in detention as soon as he handed over as governor on May 29. He said he had received no fewer than 25 invitations from the anti-corruption and law enforcement agencies “in purported investigation of projects executed by the state government in a bid to find some materials to justify their conclusion that he is guilty of corrupt practices.� He added that the plan of the APC leaders had been “expanded to include a reign of terror against the applicant’s political, business associates and family members including his wife and children.� He urged the court to restrain the EFCC and other agencies from harassing, intimidating and arresting him and his family members.
2019. It is in fulfillment of this declaration, therefore, that the Federal Executive Council decided, at its meeting on Wednesday, May 8, 2019, to have a low-key presidential inauguration on May 29; and then defer the celebration that comes with it to the June 12 Democracy Day,� Mohammed said. He said activities leading to the inauguration of Buhari that officially kicked off with yesterday’s press conference would be followed by the commencement of a three-day National Youth Entrepreneurship
Empowerment Summit in Abuja on May 21 (today). He added that the Federal Executive Council valedictory session would hold tomorrow while the First Lady's interaction with women is slated for May 25. “The events celebrating June 12 as Democracy Day will kick off on June 7, with a Historical Exhibition in Arts, Pictures and Immersive Environment and run through June 12,� he added. Meanwhile, the president has said he would do his best to ensure that Nigerians
live in peace. Presidential spokesman, Mr. Garba Shehu, quoted Buhari as saying this when he broke fast with the Governor of Zamfara State, Abdulaziz Yari, in Makkah, Saudi Arabia. According to Shehu, the president expressed sadness over the loss of lives and destruction of property in Zamfara, which is under siege by bandits. Buhari left Nigeria to observe umrah (lesser hajj) in Saudi last Thursday and is expected back in the country today.
needed a stimulus to ensure steady growth. Reacting to the data released yesterday by the NBS, Rewane said first quarter GDP was seasonally slow, adding that the performance this year coincided with when the country had higher inflation and held its general elections. He said the federal government would need to formulate a policy that would stabilise the economy and stimulate growth. He said: “We have to ask ourselves, what are the fiscal and monetary policies that are growth creating or growth-expanding? If we do not have those policies, then we have to discontinue some of the policies. “Note that the Monetary Policy Committee in March brought down the Monetary Policy Rate (MPR), but it did not bring down the Cash Reserve Requirement (CRR) and increased open market operations activities. “That is, we brought down the price of money, but we reduced the supply of money, so it became meaningless. So, the stock market declined.� According to him, it is time to re-examine some policies that were supposed to complement the fiscal
incentives but that have not been effective. “Monetary policy is to enhance fiscal policy and so should not be countercyclical. What we have is a countercyclical monetary policy at this point,� he noted. But the Managing Director Eczellon Capital, Mr. Diekola Onaolapo, said the latest GDP figures showed that the nation was on a path of economic recovery and growth, despite it being 0.38 per cent lower than the rate recorded in the preceding quarter. According to Onaolapo, the slowdown could be said to be temporary owing to the seasonal effects of the last quarter of 2018 and the economic dampening effects of the 2019 general election. “As there are no foreseeable near-term threats to the nation’s macroeconomic fundamentals, it is expected that the growth trajectory of the remaining quarters of the year remain in the positive zone,� he added. On his part, the Head of Research at Augusto & Co. Mr. Ogbobine Jimi, said: “The new GDP numbers reflect the fragility of the Nigerian economy in the post-recession era. It also
reflects the subsisting and undue dependence of the Nigerian economy on crude oil. “However, the Q1-2019 GDP numbers also reflect a growth, albeit marginal, in economically significant sectors.�
FG: NIGERIA SAFE FOR WORLD LEADERS TO ATTEND BUHARI’S INAUGURATION Solid Minerals, Mr. Baura Buhari and Minister of Foreign Affairs, Godfrey Onyeama. Mohammed said invitations had since been sent out to the world leaders. According to him, they will be safe while in the country for the Democracy Day celebration on June 12 as security agencies are already addressing the concerns. He also shed more light on why the federal government decided to hold a low-key swearing in for
Buhari on May 29, 2019 while the main celebration would hold on June 12. He said the federal government could not afford the costs of two celebrations within a period of less than two weeks. According to the minister, the swearing-in of the president and the vicepresident will hold at the Eagle Square, to be followed by a state banquet at the State House later in the day. The minister said the country would have a full-blown celebration, to mark the first observance
of June 12 as the nation's Democracy Day, adding that public holidays will be declared in commemoration of that day as well as the Presidential Inauguration Day. Mohammed also gave details of the events that have been slated for both the inauguration and the Democracy Day. “You will recall that Mr. President last year declared June 12 as Democracy Day and a national holiday. He also said the official commencement of the new Democracy Day would be in
NIGERIA’S GDP SHRINKS TO 2.01 PER CENT IN Q1 2019 The sluggish GDP growth has prompted analysts, including the Chief Executive Officer, Financial Derivatives Company Limited, Mr. Bismarck Rewane, to call for a review of Nigeria’s economic management strategy. According to the statistical agency, quarter-on-quarter real GDP growth declined by -0.38 percentage points. The GDP Report Q1 2019, which was released yesterday, said aggregated GDP in nominal terms dropped -9.75 per cent to N31.79 trillion, compared to N35.23 trillion in the preceding quarter. But the nominal value is higher than in Q1 2018 estimate of N28.43 trillion, representing a yearon-year nominal growth of 11.80 per cent. But NBS added that the nominal GDP growth in Q1 2019 was higher than the rate recorded in Q1 2018 by 2.54 percentage points. The GDP growth was largely aided by the non-oil sectors, which contributed 90.86 percent to total GDP. The oil sector contributed 9.14 percent to the growth in Q1. The services sector contributed 54.60 percent to real GDP in the non-oil
sector while agriculture contributed 21.91 percent and industries 23.49 per cent. Quarter-on-Quarter, the oil sector recorded a growth rate of 11.60 per cent in Q1 2019. However, real GDP growth in the sector decreased to -2.40 per cent (year-on-year) in Q1 2019, indicating a decrease by -16.43 percentage points relative to the rate recorded in the corresponding quarter of 2018. Growth in the sector decreased by -0.79 percentage points when compared to the -1.62 per cent recorded in Q4 2018. Meanwhile, oil production increased by 0.05 million barrels per day (mbpd) to1.96 mbpd in Q1 2019 compared to the 1.91mbpd in the preceding quarter. But the data showed that oil production was lower than the 1.98mbpd recorded in the same quarter of 2018 by -0.02mbpd. The NBS said the level of oil output during the quarter was the highest recorded over the past one year and the second highest since mid-2017. A further breakdown of the sectoral contributions to growth, however, showed that the contribution of
agriculture to real growth was less than the preceding quarter when it recorded 26.15 per cent. Nevertheless, the sector grew by 3.17 per cent in Q1 compared to 2.46 per cent in Q4 2018. The manufacturing sector growth also slowed to 0.81 per cent compared to 2.38 per cent in the preceding quarter. Also, the construction sector grew at 3.18 per cent, (year-on-year) in Q1 from 2.05 per cent in the preceding quarter. It contributed 4.09 per cent to real GDP, up from 3.48 per cent in Q4 2018. Growth in the trade sector slowed to 0.85 per cent from 1.02 per cent in the preceding quarter. Its share of GDP was 16.87 per cent in Q1 2019, down from 17.07 per cent in Q4 2018. The information and communication sector grew by 9.48 per cent, down from 13.20 per cent in Q4 2018. But it contributed 13.33 per cent to the GDP growth, up from 12.42 per cent. Meanwhile, analysts in separate interviews with THISDAY yesterday called for a review of Nigeria’s economic management strategy. They said the economy
TOP GAINERS MCNICHOLS MTNN THOMASWYATT LIVESTOCK LINKASSURE TOP LOSERS FORTEOIL E-TRANZACT NEIMETH
NGN NGN 0.05 0.55 10.85 119.75 0.03 0.34 0.06 0.70 0.04 0.48 NGN 2.80 25.55 0.26 2.38 0.05 0.56 STERLBANK 0.20 2.30 ACCESSBANK 0.35 6.10 HPE Nestle Nig Plc â‚Ś1,430.00 Volume: 214.420 million shares Value: N7.932 billion Deals: 4,644 As at yesterday 21/5/19 See details on Page 31
% 10 9.9 9.6 9.3 9.0 % 9.8 9.8 8.2 8.0 7.1
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NAICOM Raises Insurance Firms’ Operating Capital by 200% Ebere Nwoji The insurance sector regulator, the National Insurance Commission (NAICOM, yesterday announced a major increase in the minimum paid-up share capital of insurance and reinsurance firms. Under the new capital regime, life insurance underwriting firms, which currently have a minimum paid up share capital of N2 billion, will compulsorily shore up their capital to N8 billion, representing a 200 percent increase. Insurance firms underwriting general business will by the new paid-up share capital regime, shore up their
capital from N3 billion to N10 billion. Composite insurance firms, that is, firms underwriting both life and general business will have to raise their capital from the current N5 billion level to N18 billion. Reinsurance firms will move up from the current minimum capital of N10 billion to N20 billion. The new guidelines are coming after NAICOM’s failure in its initial bid to shore up the minimum operating capital of insurance firms through its Tier Base Minimum Solvency Capital, Details of the news guidelines are contained in a circular to all insurance and reinsurance companies
signed by NAICOM’s Director, Policy and Regulation Directorate, Mr. Pius Agboola, on behalf of the Commissioner for Insurance, Alhaji Mohammed Kari.. The commission said the new capital regime would take effect from June 30, 2020 for existing insurance and reinsurance firms, but with immediate effect for new firms entering into the business. "The new minimum paid-up share capital requirements shall take effect from the commencement date of this circular for new applications while existing insurance and reinsurance companies shall be required to fully
comply not later than June 30, 2020. "The provision in respect of requirement of statutory deposit as stipulated in part III, section 10 of the insurance Act 2003 shall apply on the effective date of commencement of this circular," the commission said. Explaining reasons for the increase, the commission said in July 2015 “the insurance industry witnessed its last recaptilisation and despite the astronomical increase in value of insured assets, consequent exposure to higher level of insured liabilities and operating cost of insurers, same capital continued to rule in the insurance industry.�
Kari
CAN, Others Task Buhari on Growing Insecurity Army takes delivery of arms, ammunition from Slovakia Iyobosa Uwugiaren and Kingsley Nwezeh in Abuja The President of the Christian Association of Nigeria (CAN), Rev. Samson Ayokunle, yesterday advised President Muhammadu Buhari to be more committed to the protection of lives and property, saying that for stability to reign in the country, both Christians and Muslims must embrace peace as a way of life. This came as the Nigerian Army in its renewed bid to contain the twin problems of terrorism and armed banditry in Northern Nigeria, yesterday disclosed that it had taken delivery of arms and ammunition from Slovak Republic. Ayokunle spoke in Abuja at the seventh Ufuk Dialogue, Peace and Award Ceremony in Abuja. The CAN president, who was represented by the Acting General Secretary of CAN, Joseph Daramola said Nigeria has people who are sincere to turn things around for the better, adding that government has all the equipment to secure lives and property. Also speaking at the event, former Deputy Governor of Plateau State, Pauline Tallen,
expressed serious concern about the deteriorating security situation in the country and advised security agencies to be fair and sincere in tackling the menace. Tallen called on Muslims and Christians to always live in peace with one another. “God should give us the heart of love to love one another. Be you a Christian or Muslim, we are all children of God and we must live in peace with one another. I pray and my heart goes out to all those who have lost their loved ones through the various crises in some states,’’ she added. “I believe with this type of coexistence God will answer our prayers. And we should love one another. May God bless our leaders, Nigeria and President Muhammadu Buhari with good health, long life and wisdom to move Nigeria forward and to the next level we are looking up to. “My advice to the security agencies is for them to be fair and sincere in tackling the security situation in Nigeria because it is most unfortunate that innocent lives are taken. I wonder why anybody should fight for God.
“For us to take life in the name of religion is unacceptable. We need peace because without peace there will be no development.� Earlier while speaking, the president of Ufuk Dialogue, Kamil Kemanci, said that the platform was created as a tool for promoting societal peace, love, respect and compassion in support of human dignity and the greater good by striving to preserve the common values of humanity: values such as respect, tolerance, peace and mutual understanding. According to him, “Today, we need dialogue and peace more than we need food and shelter. Dialogue and peaceful coexistence have always been and still remain a need, a must for us to have a healthy and more productive society.� Dignitaries including, Aisha Buhari, wife of the President; Rev. Ayokunle, Sheikh Shariff Ibrahim Saleh Al-Hussaini, Chairman, Fatwa Committee Supreme Council for Islamic Affairs and Chairman, Assembly of Muslims in Nigeria, were conferred with awards. Meanwhile, the Nigerian Army yesterday said it had taken delivery of arms and ammunition from Slovak
Republic in bid to contain the twin problems of terrorism and armed banditry in Northern Nigeria. This is the second time the army is taking delivery of weapons and ammunition in seven months. A large consignment of ammunition was delivered at the Murtala Muhammed International Airport, Lagos, in October, 2018. A Boeing 747-400 Cargo Plane landed at the Nnamdi Azikiwe International Airport, Abuja, yesterday morning, bearing light and heavy arms. THISDAY checks showed that the weapons would to be deployed to Operation Lafiya Dole in the Northeast and the ongoing war against armed banditry in the North-west. More weapons from the same country are also believed to be on the way. A military source said the "weapons were ordered by the federal government to boost the ongoing war against insurgency and armed banditry and other criminal activities in Nigeria. More cargoes are expected to arrive soonest". The arms procurement is believed to be a move towards the Eastern and
Central European countries in the face of difficulties encountered by government in purchasing arms from other Western powers. For instance, government and military sources have expressed frustration following difficulties encountered in the delivery of the 12 Super Tucano planes ordered by Federal Government in early 2018 from the United States. With the urgency required in the delivery of the fighter planes in the face of the ongoing war against insurgency in the North-east, military sources could not come to terms with the delay in the delivery of the aircraft. US government had promised to deliver the planes in 2020 and later moved the delivery date to 2022 in spite of the uproar generated by the $1 billion payment to the US government at the National Assembly who contended that the purchase was unconstitutional, President Muhammadu Buhari, having not sought approval from the parliament before making payment. Recently, Nigeria sought the assistance of the Russian Federation in modernising Nigeria's military arsenal.
Speaking at a recent international security conference in Moscow, Minister of Defence, Brigadier-General Mansur Dan-Ali (rtd), said Nigeria would leverage on Russia’s experience in counterterrorism to eliminate Boko Haram and the Islamic State for West African Province (ISWAP) operating in Nigeria. "Nigeria also seek your assistance with critical infrastructural development, especially the modernisation of its military arsenal�, he said. In the past months, violence, especially armed banditry, has remained a common feature in the country, notably in the North-west, leading to loss of many lives and destruction of property. The bandits appear to have defied security arrangements, putting the country under siege and depicting a government in a fix as regards finding a solution to the spiraling crime situation. The situation also prompted former President Olusegun Obasanjo to raise the alarm that soldiers at the war front were poorly equipped.
saying its Listing of Introduction on the NSE was similar to what Notore did. “Notore did a listing by introduction similar to MTN Nigeria. The special waiver for MTN Nigeria went through proper regulatory practice, which was approved by the SEC and the NSE. “For Listing by Introduction, you are not obliged to make shares available to the market to buy at all. For Listing by Introduction, shareholders that were existing prior to the company being listed
have the opportunity to trade their share. “So, if you are not a shareholder of MTN Nigeria prior to the listing, you will not be able to sell any share. You only buy from willing sellers in the market,� the source added. On the NSE Listing Rule 2.2.4b, which states that, �the value of its free float shares is equal to or above N40 billion on the date the exchange receives its application to list,� the source said: “the tradable value on the first day doesn’t have to be N40 billion. Like I mentioned
to you, Notore listed and did not trade N40 billion on the first day. So, it is not compulsory that you have to trade N40 billion. “On the day Notore listed, only one million shares were traded on that day at N62.50 per share.� She argued that there was no basis to compare MTN Nigeria to Dangote Cement, saying what the cement company did was an offer for sale, whereby on the listing day, the majority shareholder, which was Dangote Industries Limited, offered some of its shares to willing investors to buy.
SEC PROBES MTN LISTING ON STOCK EXCHANGE application was turned down when MTN brought it to the council due to grey areas and requests for certain waivers made by the company.� According to the source, the investigation will cover all aspects of the listing, the share crossing, the activities of the preference shares, all the transactions on MTN Nigeria shares so far and the entire listing to see if it is in compliance with the listing rules. “I can assure you that SEC will conclude this investigation as soon as possible.� Meanwhile, the shares
of MTN continued on the upswing, chalking up 9.9 per cent or N10.85 to close at N119.75. This showed that the stock has gained 33 per cent in three days of its listing on the NSE. Investors yesterday traded 51.406 million shares of the stock valued at N6.155 billion in 61 deals. THISDAY gathered that there was induced scarcity of the listed MTN shares in order to drive up the value. Analysts had told THISDAY that the intention of the pent-up demand on MTN Nigeria’s shares was to drive the price of the
stock very high before any share offering through an Initial Public Offering (IPO). In addition, an analyst had said the IPO might take a longer time to come, as the MTN was said to be hiding under the alleged $2 billion tax liabilities the Office of the Attorney General (AGF) imposed on it, instead of the Federal Inland Revenue Service( FIRS), to delay the public share offering. But a source from one of the leading stockbroking firms, who also pleaded to remain anonymous, defended MTN Nigeria,
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Group News Editor Ejiofor Alike Email Ejiofor.Alike@thisdaylive.com, 08066066268
MTN Pays N235bn Fine for SIM Registration Offences Emma Okonji The Nigerian Communications Commission (NCC) yesterday said MTN Nigeria
Communications Limited had paid a total of N235 billion out of the N330 billion fine it imposed on the mobile telecommunications operator
INEC Withdraws 25 Certificates of Return Christopher Isiguzo and Gideon Arinze in Enugu The Independent National Electoral Commission (INEC) has said it has withdrawn 25 certificates of return issued to some candidates who participated in the 2019 general election. Speaking yesterday at a ‘Forum on Media Coverage of 2019 General Election,’ held in Enugu, INEC’s National Commissioner for Information and Voter Education, Mr. Festus Okoye, said the commission took the action based on court orders. Okoye said 20 of the 25 certificates were withdrawn from members of the All Progressives Congress (APC) and given to other APC members while two were withdrawn from members of the Peoples Democratic Party (PDP) and issued to other PDP members. He said the other three were withdrawn from both the APC and PDP and given to other political parties. “Before we left INEC national headquarters on Friday, the commission has withdrawn 25 certificates of return from the first owners to their new owners following court orders to do that,” he said. Okoye lauded the media for its openness and “robust engagement” with the
commission before, during and after the election, adding that the media had become critical stakeholders for the success of future elections. He said the media had become the first line of reach of the masses as well as a platform for the explanation of INEC’s political and electoral decisions. Okoye called on the media and its practitioners to dig deep into the Electoral Act to ensure that the import of the recently amended sections is made known to the public. “The media should also centre on the aspect of using Alternative Dispute Resolution (ADR) to resolve electoral issues especially at the party levels instead of going to the court,” Okoye said. Also speaking at the event, the President of the Nigerian Union of Journalists (NUJ), Mr. Chris Isiguzo, said the media and its practitioners enjoyed a vast and robust relationship with INEC before, during and after the elections. Isiguzo said that INEC performed creditably well given the resources and the co-operation from other stakeholders involved in the electoral processes. “However, we are here to evaluate the entire process and see where we can strengthen our engagement and better the electoral system.
in August 2015. Executive Vice Chairman of NCC, Prof. Umar Danbatta, confirmed this in an interview with journalists in Abuja on the sidelines of a valedictory press briefing by the Minister of Communications, Mr. Adebayo Shittu. Danbatta said due to the major industry dispute, Nigerians now have the opportunity to own part of
the mobile telecommunications network following the public listing of the company at the Nigeria Stock Exchange (NSE) last Thursday. The NCC boss said, “We have succeeded in empowering Nigerians to own, control and manage one of the dominant telecommunication companies in the country by MTN listing in the Nigerian Stock Exchange. “Arising from the settlement
agreement reached with MTN through the payment of N330 billion to government coffers of which they have paid N235 billion remaining the last tranche. NCC had in October 2015 imposed a fine of N1.04 trillion on MTN for irregular registration of 5.2 million subscribers. However, after prolonged negotiation with both the regulatory agency and the
federal government, the fine was reduced to N330 billion. Public listing was one of the conditions arrived at with the telecommunications company before the federal government agreed to reduce the penalty to N330 billion. The federal government also agreed to spread the payment of the fine in tranches spread over a period of three years.
THE ANOINTED CANDIDATE...
L-R: Senate Leader, Senator Ahmad Lawan; Governor Ibrahim Gaidam of Yobe State; Governor Abdullahi Umar Ganduje of Kano State; and Yobe State’s Governor-elect, Hon. Mai Mala Buni, when Lawan, Gaidam and Buni visited Kano governor as part of their visits to North-west governors ...yesterday
FG: We’ve Disbursed Outstanding Paris Club Refunds to States Tinubu Meets Buhari in government was set to release increase in CBN payments disbursed in March 2019.” Ndubuisi Francis in Abuja billion as outstanding partly arose from exchange According to the statement, Saudi, Urges Elders to Avoid The Minister of Finance, Mrs. N691.560 and final payment of the Paris rate differential at the point of Ahmed’s clarification became payment. Although, some states necessary “following the news Zainab Shamsuna Ahmed, Club refunds to the states. Addressing a press conference still have outstanding balances, making the rounds in the media yesterday cleared the as air on Inflammatory Statements issued of the last tranche of the in Abuja last Thursday, Ahmed which will be refunded, in due that soon states will receive
President Muhammadu Buhari yesterday in Makkah, Saudi Arabia, met with prominent Nigerians, including his key ally and National Leader of the ruling All Progressives Congress (APC), Bola Tinubu. The president’s Senior Special Assistant on Media and Publicity, Malam Garuba Shehu, confirmed this development in a statement in Abuja. Shehu quoted Tinubu after an Iftar dinner meeting with Buhari, as appealing to elderly Nigerians to avoid inflammatory statements that could undermine peaceful co-existence among the country’s diverse communities. According to the presidential aide, the dinner was also attended by the Sultan of Sokoto, Alhaji Muhammadu Sa’ad Abubakar III, and Emir of Kazaure, Dr. Najib Hussaini Adamu, The APC national leader enjoined the citizens to consider the enormity of challenges facing the country and support the president. He also urged Nigerians to rally round Buhari to solve the problems and stabilise the polity. “The president worked hard and will continue to do so to ensure peace and stability in the country, which are important for
the economy to make progress. “These are the key pegs of his agenda. Let us all come together to support him,” he said. According to Tinubu, the Peoples Democratic Party (PDP) is reputed for “saucy and distractive statements.’’ He, therefore, urged Nigerians not to be angry with the opposition party, but assist them to overcome their “colossal defeat” in the February 2019 elections. “Don’t blame them. They are handicapped by the traumatic feelings of the colossal loss of the election. You should help them to manage the trauma,” he added. The APC national leader commended Buhari for the recognition of June 12 as the nation’s Democracy Day. In his remarks, the Sultan pledged his support to the success of the Buhari administration. The Sultan led prayers for Buhari’s second term in office and for the nation to overcome current challenges. Other guests at the Iftar dinner were: Nigerian Ambassador to Saudi Arabia, Justice Isa Dodo (rtd.), Malam Mamman Daura, Isma’ila Isa, Mr. Wale Tinubu, and Mr. Hakeem P. Fahm, the Commissioner of Science and Technology, Lagos State.
Paris Club refunds, saying the sum of N691.560 billion had already been disbursed to states since March 2019 by the Central Bank of Nigeria (CBN), after verification The clarification followed some media reports last weekend that the federal
had stated: “For the final phase of the Paris Club debt refunds, the total sum of N649.434 billion was verified by the ministry as the outstanding balance to be refunded to the state governments. The payments made by the CBN as at March 2019, is N691.560 billion. The
course,” she had said. However, in a statement issued in Abuja, yesterday by her media aide, Paul Ella Abechi, the minister noted that there is no longer any outstanding tranche of Paris Club refunds to be disbursed to states, “because the money has already been
disbursement of outstanding balance of the Paris Club debts on verification made amounting to a total sum of N691.560 billion by the ministry due to exchange rate differential at the point of payment instead of the total sum of N649.434 billion that was verified.”
Duke of Cambridge Tasks Stakeholders on Exotic Animal Species The Duke of Cambridge, Prince William, has charged stakeholders to protect exotic animals. At a recent Joint Taskforce meeting of United for Wildlife in London, UK, the Duke urged governments, Nongovernmental Organisations
(NGOs), banks and the transport sector to work closely and even harder in eradicating trade in exotic animal species and poaching products. The Duke noted that so far this year, $500,000.00 worth of such animals and
products were seized in various transport routes. Prince William opined that the value is probably the tip of an iceberg, adding that this is one reason which should motivate the Joint Taskforce of the Foundation’s financial and transport sectors in
maintaining their tradition of dedication and hard work. Among the participants at the Joint Taskforce meeting is the Executive Director and International Head of Financial Intelligence and Investigations at the global bank, Morgan Stanley, Ize Idemudia-Jones.
Zamfara APC Crisis: Senator Marafa Faults Gov Yari’s Saudi Trip Deji Elumoye in Abuja A member of the National Assembly, Senator Kabir Marafa (Zamfara Central), has faulted the recent trip of Governor Abdulaziz Yari of Zamfara State to Saudi
Arabia. Marafa, who is Chairman of Senate Committee on Petroleum (Upstream), in a personally signed statement in Abuja yesterday described the Saudi trip of the governor as mischievous.
He said the governor’s trip, which coincided with killings of 13 people in Gidan Kaso village of Birnin Magaji Local Government Area of the state at the weekend was disheartening . “It is quite disheartening that
Governor Yari and the Emir of Maradun will leave their domain on Saturday, the very day 13 people were killed during iftar and the bandits refused to allow the villagers to even bury their loved ones.”
TUESDAY MAY 21, 2019 ˾ T H I S D AY
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Flood Takes over Lagos Roads, Destroys Properties State govt allays fears of residents Chiemelie Ezeobi and Sunday Ehigiator Residents of Lagos State yesterday witnessed a heavy downpour that caused not just massive flooding in parts of the mega city but also destroyed some properties. A number of houses and roads were submerged by the flood as the rain lasted for several hours. Particularly affected were parts of Ikeja, Oshodi, Ikoyi and Victoria Island as the flood submerged the roads, which led to gridlock and forced many to seek alternative routes. The heavy rain also fell trees at Kingsway road in Ikoyi. Although there were no casualties, two cars were
affected. At the Ilasamaja area, a fire outbreak was recorded while the downpour brought down two buildings in Abule Egba and Oshodi. According to reports, the fire outbreak which was doused by emergency workers, occured after thunder accompanied by lightening, struck the one-storey building. Reacting to the incidents, the Lagos State Emergency Management Agency (LASEMA) said: “The LASEMA Response Unit was alerted to a fallen tree around NNPC Filling Station at Kingsway road in Ikoyi. “Although the tree fell on two moving vehicles, there were no casualties as the response team in conjunction with Lagos State
Herdsmen Kill One in Kogi Community Yekini Jimoh in Lokoja Ogga community in Yagba West Local Government Area of Kogi State has been attacked by some suspected Fulani herdsmen, killing one person. According to a source in the community, a farmer, Mr. Ariyo Aina, 35, was allegedly killed by the Fulani herdsmen on his way to the farm on May 18. Also, the National President of Ogga Progressive Union (OPU), Mr. Bamidele Olure, while speaking with journalists on phone yesterday in Lokoja, Aina was murdered on his way to his farm at about 9a.m. last Saturday. He said the herdsmen victim left his home for the farm at about 9a.m. last Saturday, but to was his slain body that was found by other farmers who were going to the their farms thereafter. Olure said: “There were several machete cuts on his head and body, and we believe it is the handiwork of the Fulani herdsmen, because they are known for such record of killings in the area. “Aina had had several altercations with Fulani herdsmen in his farm over the destruction of his crops by their cattle. ‘’The deceased had reported the matter to the police up to 11 times, but police had insisted that Aina should provide an evidence to show that the destruction of his farm was done by cattle. “However, last year, Aina was
able to capture one of the cows (calf) in his farm and brought it to the police station as evidence. ‘’That was when the police arrested the Fulani herdsmen and they were made to pay compensation to the late Aina. ‘’Apart from eating up and destroying his planted crops by the cattle, Aina had also accused the Fulani herdsmen of destroying his yam barn and cutting the yams to pieces for their cattle to eat. ‘’We are appealing to the police to investigate the matter and ensure that the culprits are brought to book.” The OPU president further said the government had last Sunday deployed soldiers and policemen to the community to ensure safety. He appealed to the police authorities to deploy policemen permanently to man the abandoned police post in Ogga, which had been renovated by the community. Olure said the community through self-effort had provided a police post, but was abandoned by the police on the excuse of ‘no manpower’ for the post. “We, therefore, need police and security officers to be permanently on ground in the community because we have made the necessary facilities available,’’ Olure said. The state Police Public Relations Officer, Mr. William Aya, confirmed the incident but said the case was reported at the Police division in Odo-Ere last Saturday.
Stakeholders Meet Today on Nigeria’s Electrification Roadmap Adedayo Akinwale in Abuja Stakeholders in Nigeria’s power sector will today meet to review and finalise the technical scope on the proposal on the Nigeria Electrification Roadmap submitted by Siemens. According to the memo obtained by THISDAY yesterday, the stakeholders’ meeting, which will take place at the office of the Chief of Staff to the President, Mr. Abba Kyari, will have in attendance the Minister of Power, Works and Housing, Babatunde Fashola; Managing Director of Nigerian Electricity Regulatory Commission (NERC), Prof. James Momoh; the Director General, Bureau of Public Enterprise, Alex Okoh; the Managing Director
of Transmission Company of Nigeria (TCN), Mr. Usman Muhammed; all the managing directors/CEOs of Discos, and the Managing Director of Siemens Nigeria Ltd. It said, “Further to the above, kindly note that the president has directed that a stakeholders meeting be held with Transmission Company of Nigeria, the Bureau of Public Enterprise (BPE), and private sector shareholders in the electricity distribution companies to review and finalise the technical scope of Siemens’ proposal. “Kindly be advised that this meeting will take place at the Chief of Staff’s conference room at 10a.m on Tuesday 21st May 2019,” the memo stated.
Parks and Gardens Agency (LASPARK) and Lagos State Traffic Management Agency (LASTMA) officials, made the decision to cut down the tree rather than await its removal by a crane, which would have affected the flow of traffic. “In addition to the tree which was cleared off the road at Ikoyi, the Response Unit also responded swiftly and simultaneously to a fire outbreak at Ilasamaja and two collapsed buildings in Abule Egba and Oshodi due to the heavy rain in Lagos this morning. “No casualties were recorded at any of these locations and the areas still under evacuation have been cordoned off for safety and security reasons.” Meanwhile, the Lagos State Government has assured
residents that it had put in place necessary measures to address challenges posed by heavy rainfall, as the rainy season gradually approaches. In a joint statement issued by the Permanent Secretary, Ministry of Information and Strategy, Mr. Fola Adeyemi, and his counterpart in the Ministry of the Environment, Mr. Abiodun Bamgboye, the state government urged the residents of the state to remain calm as the unpredictable pattern of rainfall currently being experienced is a natural outcome of climate change. The government stated that it was not unusual to occasionally experience flashfloods, especially in a coastal state like Lagos, as well as during rains of high intensity, as it occurred yesterday, but
assured the people that in a matter of time, they will all disappear and be contained by the drainages. According to the statement: “Sometimes when it rains, we are likely to have flash-floods on our roads as it sometimes happens in other parts of the world, but the relief here is that the flash-floods will disappear in a couple of hours”. The statement also assured the people that relevant government agencies, like Drainage Services Department, LASEMA, and LASPARK, had been put on red alert to adequately respond to any unforeseen occurrences, during rains of high intensity as well as cart away fallen trees, electricity poles and confront any other
emergencies, during the rains. It also assured that the Lagos State Public Works Corporation is already on ground to clean the drainage channels, drainage set-backs and other road debris. The government appealed to the people of the state to desist from the act of indiscriminate dumping of refuse in the drains as well as erecting structures on drainages and their alignments as these acts are capable of precipitating flooding. “The general public is urged to promptly report cases of indiscriminate dumping of refuse into drainage channels and unauthorised places as well as other incidents of drainage blockage to the relevant government agencies,” the statement added.
FEC MEETING …
L-R: Vice Preisident Yemi Osinbajo (left), and Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami, during the Federal Executive Council Meeting chaired by the vice president at the Council Chambers, State House...yesterday GODWIN OMOIGUI
Naira Marley Remanded in Prison for Alleged Internet Fraud Kingsley Nwezeh in Abuja A Federal High Court in Lagos has ordered that Naira Marley be remanded in prison over allegations of internet fraud. The singer was arraigned in court yesterday following his arrest by the Economic and Financial Crimes Commission (EFCC). The anti-graft agency charged the singer with 11-count fraud offence to which he pleaded not guilty. The judge adjourned until May 30 for the hearing of his bail application, and ordered that he should be remanded till the next hearing.
Zlatan and Tiamiu Abdulrahman Kayode; Adewunmi Adeyanju Moses; and Abubakar Musa, who were arrested alongside the ‘Japa’ singer have since been released. They were arrested for allegations of advanced fee fraud and related cybercrimes on May 10. Before his arrest, Naira Marley has been in the news recently for advocating the cause of internet fraudsters. During an Instagram live session in April, he had urged Nigerians to pray for internet fraudsters (Yahoo boys) “as they are crucial to the
circulation of money in the economy.” In the suit before the court, EFCC is using section 33 (2) of the Money Laundering (Prohibition) Act. The charges against the singer read in part: “That you, Azeez Adeshina Fashola, aka Naira Marley, and Raze (still at large), on or about December 11, 2018, within the jurisdiction of this honourable court, conspired amongst yourselves to use Access card 42658840359191132 issued to persons other than you in a bid to obtain gain and you thereby committed an offence contrary to Section 27(1)(b) of
the Cyber Crimes (Prohibition, Prevention etc) Act 2015 and punishable under Section 33(2) of the Same Act. “That you, Azeez Adeshina Fashola, aka Naira Marley, and Raze (still at large), on or about May 10, 2019, within the jurisdiction of this honorable court, with intent to defraud possessed, counterfeit card 4921819410257431 issued to Timea Fedorne Tatar and you thereby committed an offence contrary to and punishable under Section 33(9) of Cyber Crimes (Prohibition, Prevention etc) Act 2015.” Marley risks seven years in jail if found guilty.
LPPC Shortlists Adegboruwa, 13 Professors, Others for SAN Award The Legal Practitioners’ Privileges Committee (LPPC) has released the names of 80 lawyers it is considering for the conferment of the award of Senior Advocate of Nigeria (SAN) for this year. Among the 80 shortlisted lawyers was Lagos-based activist lawyer, Mr. Ebun-Olu Adegboruwa, and 13 professors, who are being considered for the award under the academic category.
The 13 professors are Joseph Abugu, Damilola Olawuyi, Olaide Gbadamosi, Mamman Lawan, Uchefula Chukwumaeze, Oludayo Amokaye, Alphonsus Alubo, Rasheed Ijaodola, Sampson Erugo, Edward Oyewo, Oghenemaro Emiri, Bankole Akintoyesodipo and Afeisimi Badaiki. In an advertorial signed by the LPPC Secretary/Chief Registrar of the Supreme Court, Hadizatu
Mustapha, the body said the 80 shortlisted lawyers had scaled through the “first and second advocates’ filtration, academic pre-qualification exercise and the appeal process, preparatory to the award of SAN for the year 2019.” Mustapha said the general public was at liberty to comment on the integrity and reputation of the shortlisted candidates. “Any complaint(s) presented to
the Legal Practitioners’ Privileges Committee must be accompanied with verifying affidavit deposed to before a court of record in Nigeria. “Ten copies of such comments or complaints must be submitted at the office of the Secretary, Legal Practitioners’ Privileges Committee, at the Supreme Court of Nigeria Complex, Abuja, not later than 4:00 p.m. on Monday, 17th June, 2019,” she said.
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NLC Accuses Ngige of Victimising NUPENG Leaders Onyebuchi Ezigbo in Abuja The Nigeria Labour Congress (NLC) has alleged that the leadership of its affiliate union, Nigeria Union of Petroleum and Natural Gas Workers (NUPENG) is being victimised by the Ministry of Labour and
Employment because of their involvement in the protest and picketing of the residence of the minister, Dr. Chris Ngige. It said that NUPENG had received a letter from the Office of the Minister of Labour dated 13th May 2019 with Reference No: ITU/FR/45/
Resign Now, Groups Tell New Kano Emirs Ibrahim Shuaibu in Kano No fewer than 70 prominent indigenes of Kano State and 22 civil organisations have called on the newly appointed emirs to resign their appointment in the interest of peace and tranquility in the state. The concerned individuals and groups also called for the urgent intervention of the Sultan of Sokoto, His Eminence, Alhaji Mohammad Sa’ad Abubakar, to denounce the creation of additional emirates in Kano. Addressing press conference yesterday on behalf of “The Renaissance Coalition in Collaboration with Civil Society Organisation and Other Stakeholders,” the spokesman of the group, Mr. Abdulrahman Baffa Yola, urged Governor Abdullahi Umar Ganduje to rather dissipate energy towards socio-economic and developmental challenges bedeviling Kano. Abdulrahman regretted the speedy passage of Appointment and Deposition Act, 2019, which lasted 48 hours; without due legislative process. “Kano State harbours more than two million Almajiris roaming the streets, without any tangible and sustainable
intervention to checkmate the ugly situation. Kano takes the lead in substance and drug abuse; we have highest number of school drops, the highest cases of congested classrooms in the country, with over 150 – 200 pupils in a class. “Reliable statistics indicated more than 3.5 million unemployed youths in Kano, more than two million girl children who do not attend formal school in Kano, more than five million people who do not have access to portable drinking water and one of the states with the highest maternal mortality rate in Nigeria. And with all these challenges, the next solution is the creation of new emirates”. Another member of the coalition, Saida Sa’ad accused Kano State House of Assembly of violating legislative process and placing undue attention to what she described as unpopular bill. “We have Kano State Security Trust Fund Law bill unattended to in the last six years, Violence Against Persons Prohibition Law bill in the last 12 months, Child Rights Acts Bill 24 months and Procurement Law bill - six years, Audit Law bill, Fiscal Responsibility Law bill and Due Process Law bill.
NNPC Explains Retirement, Replacement of 30 Senior Staff Kasim Sumaina in Abuja The Nigerian National Petroleum Corporation (NNPC) yesterday refuted claims in some quarters that it sacked some of its staff. The corporation explained that the recent staff movements, were normal replacement and backfill exercise to bridge the gap occasioned by impending retirement of some management staff of the corporation, among others. The Group General Manager, Group Public Affairs Division, Mr. Ndu Ughamadu, in a statement issued in Abuja, explained that the exercise involved statutory retirement of 11 of its senior management staff as well as redeployment of 19 others, saying such replacements were always effected before the final exit of the concerned staff. Ughamadu stated that in all, 30 senior staff were affected by both the statutory retirements and redeployment. He gave the list of staff on statutory retirement between May 1, and July 31, this year to include: General Manager, Chad Basin, Aniya Francis Umaru, who is from the northeastern part of the country and who retired on May 6, 2019; Managing Director, KRPC, Adewale Solomon Ladenegan, who hails from the South-west and retired on May 13, 2019; and the Group General Manager, NNPC Leadership Academy, Musa Sulyman Gimba, who
also is from the North-east and retired on May 14, 2019. Others include: General Manager, HR & Admin Services, Duke Oil, Umma Ayuba Musa, from North-west and retired on May 19, 2019; General Manager, Support Services, NGC, Emmanuel–Ate Mariagoretti Ndidi, from the South-south region and retires on May 30, 2019; Executive Director, Operations, Tsavnande Thaddeaus Atighir, from the North-central; General Manager, Upstream/TA to GMD, Okor Ovieghara, who hails from the South-south region; Managing Director, NGMC, Barau Mohammed Kabir, who is from the North-western region; the General Manager NLNG, LIMS, Dawaki Salihi Abubakar, from the North-west; the Executive Director, ETSD, NPDC, Ibrahim Aminu Bagudu, who is from the North-west and the Managing Director, NPDC,Yusuf Shimingah Matashi, who hails from the North-west and retires on July 17, 2019. Ughamadu also named the following to be among the 19 staff that were redeployed: Anas Mustapha Mohammed, Usman Faruk, Ali Muhammed Sarki, Osarolube Ezekiel, Ihya Aondoaver Mson, Isah Abubakar Lapal, Umar Hamza Ado, Garba Adamu Kaita, Ossai Uche, Usman Umar, Ehizoje Tunde Ighodaro, Ahmed Mohammed Abdulkabir and Lere Isa Aliyu.
VII/15 requesting NUPENG to submit its 2018 Annual Financial Return within 72 hours to the Federal Ministry of Labour and Employment. In a statement issued yesterday by NLC’s President, Ayuba Waba, the labour movement said the minister’s directive is “a gross violation of Section 40 of the Trade Union (Amendment) Act 2005 and therefore an exercise in illegality and lawlessness” The labour movement warned that such an action is capable of compounding the current fragile industrial peace in the country. “We wish to state that the directive by Senator Chris Ngige for NUPENG to submit its Annual Financial Return within 72 hours is in gross violation of Section 40 of the Trade Union (Amendment) Act 2005 and therefore an exercise in illegality and lawlessness. Section 40 of the Trade Union (Amendment) Act states as follows: “Without prejudice to the foregoing provisions of this
Part of this Act, the Registrar may at any time call upon the treasurer, the committee of management or any other official of a registered body to prepare and submit to him within a period of 30 days from the date of the call letter detailed accounts of the funds of the body in respect of any particular period; and any accounts submitted under this section shall show in detail such information as the Registrar may direct, and shall, if the Registrar so directs, be audited by the duly appointed auditor before being submitted to the Registrar”. NLC said that that the cruel urgency communicated in ministry’s the letter suggested a desperation to disorganise and destroy trade unionism in Nigeria. According to NLC, it is also not a coincidence that this is coming on the heels of its recent protests against the activities of the Minister of Labour and Employment to undermine organised labour and trade
unions in Nigeria. “We wish to remind the minister that the right to protest and picketing are guaranteed by Section 40 of the Nigerian constitution, Section 43 of the Trade Union (Amendment) Act and Conventions 98 and 78 of the International Labour Organisation (ILO). Article 2, part 1 of the ILO Convention 98 explicitly forbids government and employers from meddling in the affairs of trade unions. “We are privy to the fact that shortly after our last protest, a directive was issued from the office of the Minister of Labour to officers in the Ministry of Labour and Employment to fish for grounds on which to deal decisively with organised labour. We understand that the Nigeria Labour Congress is the primary target in the current overdrive to run trade unionism in Nigeria under the ground,” it said. The congress further said that, “it is highly disgusting that this behaviour is coming from a so-called democrat who
has had the privilege of seeking public acquiescence especially the votes of workers while contesting for the position of the governor of a state”. It added that the intention of the minister’s recent directive is aimed at achieving narrow, petty and selfish ends. “ We demand the withdrawal of Dr. Chris Ngige’s letter to NUPENG dated May 13, 2019, Ref. No. ITU/FR/45/VII/15. We also call for a public apology from the Minister of Labour for yet another round of assault on organised labour in Nigeria. “Furthermore, we demand that the Minister of Labour and Employment publicly guarantees that he would desist from further harassment, victimization and persecution of workers, our trade unions and the two labour centres in Nigeria. We do not wish that the current fragile industrial peace in our country collapses completely on the account of endless provocations by the Minister of Labour and Employment,” said NLC.
18 HEARTY CHEERS…
L-R: Representative of Chairman, Police Service Commission, Assistant Inspector General of Police, Charles Cole (rtd.);Tourism Consultant/ Corporate Partner, Society of St. Vincent De Paul, St. Agnes Conference, Maryland, Princess Omotayo Omotosho; Parish Priest, St. Agnes Catholic Church, Maryland, Very Reverend Anthony Fadairo; wife of Ecobank Managing Director, Eva Akinwuntan; and her husband, Patrick, at the 18th Annual Charity Ball Celebration in Lagos...recently ABIODUN AJALA
Gunmen Abduct Two Marshalls of FRSC in Osun Yinka Kolawole in Osogbo Two officers of the Federal Road Safety Commission (FRSC) in Osun State were yesterday alleged to have been kidnapped by gunmen to unknown destination. THISDAY gathered that the victims were abducted along Erin -Ijesa on the busy
Akure-Ilesa highway. The source told THISDAY in Osogbo yesterday night that the FRSC officials who are identified as Baiyeguni and Abioye were traveling on the road when the ugly incident occurred. However, details were sketchy at the time of filing this report but THISDAY learnt
that it was the families of the officers that raised the alarm to the police when they could not be reached on phone while traveling. The spokesman of the Osun State Police Command, Mrs. Folashade Odoro, confirmed the ugly trend but said police authority was working round the clock to apprehend the
culprits . Odoro assured that the police were intensifying their efforts to ensure that the victims are rescued in good time. Meanwhile efforts to contact the Osun State Sector Commander of the FRSC, Mr. Peter Oke, for his comment proved abortive as he did not pick calls on his phone
Katsina Police Parade Suspected Kidnappers of Masari’s Mother in-law, 65 Others Francis Sardauna in Katsina The Katsina State Police Command yesterday paraded five suspected kidnappers of Governor Aminu Bello Masari’s mother in-law, Hajiya Hauwa Yusuf, and 65 other suspected kidnappers terrorising the state. The 80-year-old Hauwa, who is the mother of Binta, Masari’s wife, was kidnapped at her residence in Kofar-Kaura Layout in Katsina in March and released after an undisclosed ransom had been paid. Parading the suspects before journalists, the state Commissioner
of Police, Sanusi Buba, said the criminals were nabbed on March 8, 2019, based on intelligence reports According to him, “Those arrested were Abubakar M. Sani aka ‘KUBI’, 23, Sokoto Rima Quarters, Katsina; Abdullahi Dani alias ‘Dan-Bose’, 25, of Sabuwar Unguwar Quarters in Katsina; Rabe Hamza alias ‘Tankabaje’, 30, of Nasarawa-Bugaje, Jibia LGA of the state; Marwana Gide, 25, of Yar-Maiwa village, Batsari LGA of the state. “The other suspect, Abdulhakim Bishir, alias ‘Danruma’ 22, of Sabuwar Ungwar Quarters in Katsina, who has been on the
run, was arrested by the police on May 14, 2019 in Kano State.” Similarly, the command also disclosed that it has arrested 65 other suspected kidnappers who have been terrorising the state by the operatives of operation ‘Puff Adder’. Buba, who paraded the suspects, said the achievements recorded by the command through operation ‘Puff Adder’ would go a long way in tackling kidnapping, cattle rustling and banditry bedeviling the state. Items recovered from the suspects, according to the state police chief, were 43 AK47 rifles,
1,500 ammunition, 19 Dane guns, seven locally made pistols, 200 cartridges, 44 motorcycles, five vehicles, two English pistols, one Travor 27 rifle among others. The police commissioner, however, called on the public to support the police by providing information that would lead to the apprehension of criminals in the state. He affirmed that the command under his watch would not relent in its ongoing onslaught against banditry and other heinous crimes, warning those he said are aiding bandits with information to desist from or face the wrath of the law.
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AGF Charges Two INEC Officials to Court for Electoral Offences Alex Enumah in Abuja The Attorney-General of the Federation (AGF) and Minister of Justice, Mr. Abubakar Malami (SAN), has charged two officials of the Independent National Electoral Commission (INEC) with electoral offences allegedly committed in the last general election in Ikpoba-Okha Local Government Area of Edo State. A statement by the Special Adviser to the AGF on Media and Publicity, Mr. Salihu Isah, said yesterday that the defendants were alleged to have “falsified results in favour of the Peoples Democratic Party (PDP) and its candidate against the All Progressives Congress (APC) and its candidate.”
The defendants, charged with five counts of electoral offences before the Federal High Court in Abuja, are 36-year-old Sulaiman Ikhuoriah, and 50-year-old Olugbenga Omotiloye. Ikhuoriah was said to have served as the Collation Officer for Ward 6 in Saint Maria Gorreti Secondary School. On his part, Omotiloye allegedly served as an electoral officer at Bishop Kelly, beside St. Paul’s Catholic Church, Airport Road, Benin City, Edo State. A Principal State Counsel in the Department of Public Prosecutions of the Federal Ministry of Justice, who filed the charges on behalf of the AGF stated in the case summary filed in court that the defendants were
invited for interrogation on February 27, 2019 and March 5, 2019 following a petition by the member representing Egor/ Ikpoba-Okha Federal Constituency in the House of Representatives, Ehiozuwa Agbonayinma. The prosecution alleged that Ikhuoriah, “without lawful excuse,” acted in breach of his official duty by placing a call to the petitioner, Agbonayinma, and requested gratification for the purpose of delivering his Ward to his party during the elections. Ikhuoriah was said to have erroneously made the call, thinking he was discussing with the PDP chairman, not knowing that Agbonayinma, whom he was having the conversation with, was
of the APC. The defendant was also accused of receiving N100,000 as bribe for delivering the Ward for PDP’s candidate in the election. His alleged offences were said to be punishable under Section 124 (b) of the Electoral Act 2010 (as amended). Also, the prosecution alleged that Omotiloye, while serving as INEC electoral officer on the March 2, 2019 at Bishop Kelly, beside St. Paul’s Catholic Church, Airport Road, Benin City held a meeting with one Ise-Edehen and collected the sum of N100,000 as gratification. The sum collected on March 2 was said to be in appreciation of his effort in ensuring that PDP won the election during the
February 23 National Assembly polls in the Ikpoba-Okha Local Government Area of Edo State Summarising the case in a court filing, the prosecuting counsel, Labaran, stated, “My Lord, the summary of this case is electoral malpractices, perpetrated by the defendants who were the INEC Collation Officer and INEC Electoral Officer respectively during the February 23, 2019 Presidential and National Assembly elections in Ikpoba-Okha LGA, Edo State. “The defendants have acted in breach of their official duties by been involved in electoral malpractices including bribery and conspiracy. “The defendants were invited for interview on February 27, 2019
and March 5, 2019 following a petition by the member representing Egor/IkpobaOkha Federal Constituency in the House of Representatives, E.J. Agbonayinma (Hon.), where his Techno Ponvair (Model LA7) with GSM No. 0803-428-5260 was exploited. Thus, some incriminating text messages between him and one Matthew Urhoghide (Senator), with GSM No. 0803-3385-5557, Adaeze Onubagu with GSM No. 0703-528-5622 were found on the device. “The suspects made voluntary statements under caution, and admitted collecting the sum of N100, 000.00 (one hundred thousand Naira) only from Ise-Idehen, as appreciation.
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COMMENT
Editor, Editorial Page PETER ISHAKA Email peter.ishaka@thisdaylive.com
THE CIRCUITOUS ROUTE TO AFGHANISTAN Nigeria needs to be restrained from marching towards destruction, writes Tola Adeniyi
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igeria is on the march again! ‘On the march again‌!’ that was the jingle that made the top of the chart in the MKO Abiola’s unforgettable campaign in the aborted elections that went nowhere. But this time it is the resumption of the march begun in 1804 or thereabout which started with the invidious slaughter of all Hausa Kings and chiefs and the enthronement of worst mediocrity the human civilization had ever known. The murderous march went eastwards from its base and met with stiff resistance and changed course and headed south and cleared all the civilization in its path including the central axis until the checkmate at Osogbo. The march resumed in January 1966 with unprecedented velocity and ferocity and assumed more fire in July of the same year and set the country on a path of no return. All the structures of civilized and equitable governance were uprooted with uncommon blind jackboot. May of the following year 1967, all hell was let loose with human decapitation and disemboweling of pregnant women being the gory sight of the era. The journey made pogrom its walking stick and the country was plunged into another dimension in the march to Afghanistan. Our March to destination has continued unabated. We changed course, or let me say our leaderless leaders forced us to change direction and move westwards with stopovers in Liberia, Sierra Leone and CĂ´te d’Ivoire. Meanwhile self serving butchers continued to balkanize the country creating states and local governments that could hardly meet their obligations to the citizens of the confused and fractured land. Direction changed. Leaders frog-marched everybody in the direction of Rwanda insisting that new skills at butchering one and another and grabbing other peoples possessions and sources of livelihood needed to be learnt before proceeding further to Afghanistan. The stay in Rwanda was long and nightmarish. All the same we stayed and our leaders learnt new tactics at expansionism and heartlessness. What a journey! What a march! We were forced to change route and move northwards. The journey assumed added frenzy as we headed towards Somalia, a country that has had no central government since Siad Barre was overthrown in 1991. Our stay in Somalia was most eventful. It was in Somalia that we got lessons from Al Shabab, the world’s third most deadly Terrorist Group. We created our own Boko Haram by senselessly murdering Mohammed Yusuf their founder in cold blood. Boko Haram today has become the greatest and most lucrative industry in the land. Leaders devised a devious means of getting some of us to remain in Somalia to learn and master more skills and muster more energy and more brutishness. All the same the march is on. Majority of us were forced on the march to Iraq where we saw the world’s hitherto fourth largest and most powerful military reduced to rubbles and the land that gave humankind its cradle of civilization was reduced to penury. Yes Iraq. The birth place of Abraham Ibrahim. Iraq, the old Mesopotamia lying between Rivers Tigris and Euphrates. Iraq, the old Babylon. Yes, Iraq the same old Sumeria. Iraq, whose descendants gave the world three of the largest religions. Lessons in Iraq were not sufficient for our leaders. We were forced to journey on to Libya, the hitherto most successful African country where
SADLY AND REGRETTABLY, THOSE WHO CAN STOP THE MARCH ARE THE VERY PEOPLE SUPPLYING FUEL AND AMMUNITION TO THE JOURNEY
citizens paid no tax and yet lived in reasonable comfort courtesy the kind of Ghadafi leadership they were blessed with. Libya created cracks in their wall and Caucasian lizards led by notorious intruding lizards of the USA, Britain and France amongst others had a field day. Libya now is a sorry state. Our leaders are telling us as we continue our march that Libya is a child’s play. We should march on to Syria before we proceed to Afghanistan. Meanwhile they had dispatched some of us to old Yugoslavia. Reports confirmed to us the blood letting that characterized the dissolution of Yugoslavia to many nations and communities. We were told that the prosperous land of Bros Jossip Tito would never ever be the same again. The march begun in 1804 is still on as I write this report. Just now, I mean recently we have been ordered by our thoughtless leaders -of- thought that we should change course and march to Yemen where human suffering has no equal. The tragedy of Yemen is a huge dent on human consciousness. There is hardly any place in recent history where women and children have had to go through the horrendous suffering that has become the forced fate of the Yeminis. While the march is on Nigerians have been told that their lives do not matter any longer. We have been told that cows, goats, sheep, baboons and monkeys are of the same status as human beings as against the design of the Almighty Creator. Professors in Nigeria are now at the same level as cow men while the first class brains of intellectuals, doctors, lawyers, engineers, accountants and world class scientists are of the same low level brains of those who have deliberately refused to develop their brains. When next I see fishermen of the Delta creeks I will congratulate them and apologize to them for not recognizing that they are in the same league as the brilliant minds of Professor Isayah Audu, Professor Jibril Aminu, history scholar Dr Bala Usman and many other distinguished academics from the north of the Niger. Until now, I did not know that respected constitutional law Professor Nwabueze is in the same league with the AK-47 wielding herdsmen militia. We are on the march. And our destination is Afghanistan. It does not matter whether those leading us on the path to political perdition know that Nigeria is progressively moving towards destruction and annihilation. It does not matter whether those benefitting from the rot in both our structure and system know that once-upon- time governors, ministers, university dons and great industrialists in Iraq, Libya, Syria and Yemen are now homeless beggars in those countries. And that those of them who were able to escape the ravages of those war-torn countries are worse than third class citizens in the refugee camps across the globe. It does not matter whether all those living the life of the ostrich refuse to accept that a tiny section of the country has declared war on the rest of the country, the march to Afghanistan is unstoppable. Sadly and regrettably, those who can stop the march are the very people supplying fuel and ammunition to the journey. I refuse to talk about notorious kidnapping for ransom, robberies, assassinations and sacking of entire communities because such huge security challenges have become clichÊs and they are of course the only menu we have on our senseless march.
EARNING A HEARING Erahodu Oseghale reckons that the chairman of the presidential election petition panel is an interested party in the issue at stake
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have taken pains to go through the speech delivered by Justice Zainab Bulkachuwa, President of the Court of Appeal and chairman of the five-man Presidential Election Petition Tribunal, at the inaugural sitting of the tribunal. The learned justice made a lot of sense. In the speech, she assured us, among other things, that “the Court of Appeal will work in accordance and within the dictates of the constitution, the law and international best practices, to dispense justice to all, without fear or favour, affection or ill will�. Well said. That should be the expectation of all men and women of goodwill. That is the expectation of all lovers of democracy. We expect, and rightly so, that the learned justices will be the real arbiters that they are supposed to be. It is our expectation that they will recognise that they are the last hope of the common man. Nigerians will expect that the justices will set aside all personal and parochial interests and focus on national interest. We expect that they will comfort us where politics and rapacious greed have failed us. That is why we connect with Justice Bulkachuwa and her fellow panelists. But I am worried about the job which Bulkachuwa has been assigned to do. A common legal maxim tells us that he who must go to equity must do so with clean hands. I am afraid to say that Justice Bulkachuwa’s hands are not clean in this matter. Her details and involvement in certain matters make her an interested party and as such her hands are soiled. And if that is
the case, the learned Justice cannot be expected to give a clean and undiluted verdict in this matter. Let us provide some details. It is a well known fact that Justice Bulkachuwa is the wife of Adamu Mohammed Bulkachuwa. The said Mohammed is a senator-elect for Bauchi North senatorial district. He was elected under the platform of the All Progressives Congress (APC). This detail here does not favour Justice Bulkachuwa. In the matter in which she sits as chairman of the panel, the APC, her husband’s party, is locking horns with the Peoples Democratic Party (PDP), the party whose presidential candidate, Atiku Abubakar, is seeking to oust the candidate of her husband’s party, Muhammadu Buhari of APC. This scenario makes Justice Bulkachuwa an interested party in this matter. It will present difficult times for her. She could, under the circumstance, cave in under the weight of compromise. Once she is compromised, she will become biased and partial. When this happens, her integrity will be called to question. This is clearly a worrisome development. Justice Bulkachuwa’s possible compromise is deepened by the fact that her husband, the senator-elect, is believed to have very close liaison with President Buhari. Given this set-up, Justice Bulkachuwa does not need to be told that her neutrality in this matter has become suspect. She cannot be trusted to do justice in the circumstance in which she finds herself. Significantly, she was recently associated with an admonition which charges members of the bar and bench to shun bias in matters in which they
are involved. She was reported to have said that justice demands that judges who sit in the panel of a tribunal must divest themselves of all forms of bias. The learned justice should practice what she preaches. Her bias in the Buhari-Atiku legal tango is taken for granted. The honourable thing to do therefore is for her to excuse herself from participating in the panel. It is also worthy of note that the PDP has formally written honourable Justice Bulkachuwa, requesting her to recuse herself from the panel. The party relied on her marital affiliation to arrive at its position. Just like every man and woman of conscience is saying, PDP is insisting that fair hearing cannot be guaranteed in this matter if a compromised, biased and partial judge who also happens to be the president of the Court of Appeal is allowed to sit on the presidential election petition tribunal. Justice like the journalism profession admonishes its practitioners to stay away from issues in which they are involved, the legal profession equally charges its practitioners not to sit in judgment in any matter where there is likelihood of bias on their part. This is because justice must be rooted in confidence. PDP as a political party is saying that in this matter that it does not have confidence in Justice Bulkachuwa. We understand and appreciate in its worries. We share in the party’s concern. Justice Bulkachuwa should therefore heed wise counsel and excuse herself from the matter. In this matter, there is the need to save Justice Bulkachuwa from herself. Temptations of office
and the allure of power may blur her vision and becloud her sense of reasoning. But there is the need to call her to order. She will be saving herself from infamy if she toes the honourable path by withdrawing from the panel. Besides, the matter we have on our hands is a very testy one. It is about the future of our democracy and the survival of Nigeria. The election was keenly contested. But after the exercise, many had cause to feel awkward about its outcome. In the process, politicians have had to throw jibes at one another. The electoral commission which conducted the elections has been harangued and buffeted. The time has therefore come for the temple of justice to be relied upon. Over time, the judiciary has been accepted as the bastion of democracy. It is believed to be the last hope of the hopeless. That is why people hold their breath whenever they approach the law in difficult or seemingly difficult circumstances. The people’s confidence in the law calls for reciprocity on the part of those who dispense justice. That is why democratic setups demand for independence of the judiciary. The objective is for the law to operate without fetters so that it can serve the common good. That is what we expect in the present circumstance. Justice Bulkachuwa should therefore allow the wheel of justice to roll unhindered. If she does this, she would have lived up to her own billing, to wit, that the Court of Appeal will dispense justice to all without fear or favour, affection or ill will. Oseghale wrote from Benin City
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T H I S D AY TUESDAY, MAY 21, 2019
EDITORIAL Before Part-Time Constables Emerge Everything should be done to ensure that the constables do not cause more harm than good
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ithout any doubt, effective policing is Nigeria’s current most pressing challenge. But the decision by the federal government to recruit part-time special constables can only achieve desired results if it is carefully guided through the crucial stages of conceptualisation, implementation and sustenance. This advice is necessitated by the poor execution of some previous attempts to boost the capacity of the Nigeria Police Force to perform its core constitutional functions of maintaining law and order and safeguarding the lives and property of ordinary citizens. We recall that in April this year, the Acting Inspector- General of Police, Mr. Mohammed Adamu, ordered police formations across the country to revert to the eight hours, three-shift work schedule from the present 12-hour, two-shift regime. According to Adamu, “arguments have been raised that the resonating incidents of misuse of firearms and THE CONSEQUENCES OF extra-judicial actions by EXECUTING DEFICIENT police personnel often POLICE FORCE POLICIES result directly from FOR DECADES IN KEY work-related stress and AREAS OF RECRUITMENT, emotional conditions WELFARE, TRAINING AND which disorient their raEQUIPMENT ARE EVIDENT tionality…For purpose of clarity, henceforth EVERYWHERE no police personnel should be made to perform any duty exceeding eight hours within a space of 24 hours unless there is a local or national emergency.” That command, though rational, unambiguous and resolute, is yet to be enforced. Apparently, compliance in this regard is almost impossible because of insufficient workforce. By all modern standards, having approximately 370,000 policemen and women watch an estimated 200 million people is trivialising, mediocre and self-defeating. The consequences of executing deficient police force policies for decades in key areas of recruitment, welfare, training and equipment are evident everywhere. The police are clearly overwhelmed by the numerous security challenges plaguing Nigeria today. Therefore, increasing the volume of personnel
Letters to the Editor
has become a national imperative. And until that happens, it would be unreasonable to expect them to discharge their responsibilities creditably. Interestingly, the Police Service Commission (PSC) has outlined the requisite qualifications of prospective constables and some operational details: Respected Nigerians already in recognised professions who are physically fit and within the ages of 21 and 50 years. Also, unlike their regular counterparts, they will be unarmed even when in uniform. The duties of the in-coming branch of the police will be restricted to administrative matters, crowd control, alternative dispute resolution, emergency management, and other less risky or sensitive services.
T 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
hese criteria and job descriptions should substantially augment the efforts of the current structure, especially if various other relevant factors are properly considered upfront. The PSC needs to assure the citizenry that the proposed 15,000 to 25,000 annual enlisting of the special staff over a period of five years will not affect that of the conventional force, since the shortfall is glaring. The government and police authorities must look beyond the interest this move has generated to provide concrete assurances about the workability of their intentions and blueprint. This call is more pertinent now because the present intervention, although commendable, still falls below the expectations of the long-traumatised people of Nigeria. Besides, while the idea already has presidential endorsement and most state governors have also consented to it, there is need to think deeply about possible abuse so that in the process of solving one problem, we do not create a bigger one. Even then, it takes more than official approvals and goodwill for the programme not to become yet another exercise in futility. These posers, among others, should be promptly addressed: Considering the relatively fragile security in the north at the moment, what proven wisdom is being applied by starting the scheme there? Is it a forerunner of the community or state police canvassed over the years by different segments of the federation? Are all the vital, enabling laws in place? What about public enlightenment? Finding fitting answers to the foregoing questions is important if the idea is to succeed.
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.
WHY CELEBRITIES SHOULD FOLLOW FELA’S FOOTSTEPS “If I no buy Benz wetin I gain?” ntertainment is now the new crude in town as the trend among Nigerian youths wanting to be the next Wizkid, Davido, 2baba or Tiwa Savage and the rest of them. They can’t get enough of the fantasies of being young, famous and successful, like living luxurious as flaunted by these artistes. The youths listen to them and follow them religiously on Twitter, Facebook, Instagram and other social media platforms. It is amazing that in this era, an individual can have a community of followers numbering millions, who adore them and long to live their type of lifestyle. So, it now depends on what type of impact these celebrities are willing to make, especially in the area of curbing crimes and ensuring sanity in the society. It is a fast pace world, and in this jet age, for even secondary school students, “patience” is boring. At 17 years old, boys are desperate of making money! Thus, the now common phrase: “If I no make money wetin I gain?” The other goes thus: “If you no get money hide your face”. Nigerians, indeed, miss the days when legendary Afrobeat musician, Fela Anikulapo-Kuti, explored the power of music, to champion the cause of societal justice, campaigning against corruption, crime and violation of human rights. He used the medium to achieve remarkable impacts that have remained relevant till date. The trend of late, in which Nigerian musicians, through their music promote the urge for the quest to make quick money, is very worrisome. Such artistes should realize the power in music as a tool to achieve societal change. Entertainment is a medium where people exhibit talent, and express the beauty of arts in various forms, for the progress of the society. Nigerians
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are always either listening to music, watching TV programmes, discussing superstars and artistes, or directly involved in entertainment. Celebrities like Falz, MI, Simi, Ruggedman, Soundsultan, and Banky W have in recent times risen to the challenge and they need to be commended and emulated. They are among a few celebrities who have used music to campaign against the increasing tide of online fraud among youths. The most recent is the video by Simi that went viral on the internet, in which she spoke about the ills cybercrime has caused us as a nation. She charged perpetrators to desist. The video generated mixed feelings among listeners, with some taking sides with the perpetrators of internet fraud, some bitterly discrediting it. There were, however, those who valued the import of what she did. The whole sphere of social media took a new buzz to another level with the arrest of street sensation Naira Marley by the Economic and Financial Crimes Commission EFCC. This has passed a significant message to Nigerian youths that cybercrime should not be glorified. We need more celebrities to rise up and use music to fight against the menace of internet fraud among youths. They need to inculcate the message in their music, as this will undoubtedly ensure that the message sinks in to their subconscious minds. Nigerian celebrities need to acknowledge that their music is powerful and it can achieve the change that we need in Nigeria. They need to continuously put out conscious materials and messages to encourage the youths to embrace hard work as the necessary path to wealth. This will go a long way in shaping their minds towards the right paths. Special shout-out, though, to those Nigerian youths grinding hard to put their hustle on the map. Sani Emmanuel,emmyrhymes10@gmail.com
A PHONE CLOSE TO MY HEART
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pple has unveiled a watch that can detect heart problems which were probably caused when people heard the price of the latest, biggest most expensive iPhone. It would be better to have a phone that can detect heart problems and then ring for help. There seems to be no great change in the new iPhone to drive the expected demand except for the fact that it is the newest version and some people must have latest version. Ahh, for the days when all phones came with a cable attached and it wasn’t to recharge but to carry the message to the wall and onwards. Dennis Fitzgerald, Melbourne, Australia
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TUESDAY MAY 21, 2019 • T H I S D AY
TUESDAY MAY 21, 2019 • T H I S D AY
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T H I S D AY ˾ TUESDAY MAY 21, 2019
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POLITICS
Group Politics Editor NSEOBONG OKON-EKONG Email nseobong.okonekong@thisdaylive.com (08114495324 SMS ONLY)
TRENDING NEWS
In Adamawa, Fintiri May be Hindered by Huge Debts Daji Sani writes that the impending administration of Ahmadu Fintiri in Adamawa State has to devise ingenious ways of overcoming the financial burden left by the outgoing governor, Jibrilla Bindow
Fintiri
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he Adamawa state Governorlect, Rt Hon. Ahmadu Fintiri became popular and politically influential just within three months of coming to limelight in 2014 when he was the Acting governor of the state. He assumed the position following the impeachment of former Governor Murtala Nyako. In the few months that Finitiri held onto power he was able to change the narrative of the state, in terms of infrastructure, welfare of civil servants and his ability to bring warring political gladiators to keep the peace. Despite the fact that Governor Mohammed Jibrila Bindow’s fouryear administration scored some good marks in road infrastructural development , the people of Adamawa State expressed their preference for Fintiri because of the believe that he will perform better than the outgoing administration of Bindow. However, Bindow’s neglect of peoples welfare, was arguably, his greatest undoing. He also starved the state by centralizing all funds coming to the state to the detriment of the local government areas, making it difficult for local contractors at the grassroots to get jobs from the local government. The LGAs were only given a token to run the local government headquarters while the governor took the allocation meant for them, denying flow of funds to the grassroots. Bindow’s habit of making promises he did not fulfill to prominent stakeholders contributed in no small measure to his lose in the 2019 governorship contest in Adamawa State. Many times, he did not have to make any pledge, as no one asked him for help also. Due to hardship and sufferings orchestrated by the policies of the Bindow administration, the people
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were forced to vote for the governorship candidate of Peoples Democratic party PDP, Fintiri. Another factor that led to Bindow’s fall was his inability to manage the internal crisis in the All Progressives Congress (APC) in the state that produced him as its governorship candidate. The crack in the state APC put the PDP candidate at vantage position to clinch victory because the ‘Black Cap Movement’ who were supporters of former Governor Murtala Nyako were disenchanted with the Bindow administration and as a result of the governor ’s action of not wanting to accommodate them in the APC, they left for the African Democratic Congress (ADC) in the state. The first son of Nyako and a serving Senator, Abdulazeez Nyako emerged
Due to hardship and sufferings orchestrated by the policies of the Bindow administration, the people were forced to vote for the governorship candidate of Peoples Democratic party PDP, Fintiri
as the governorship candidate of the ADC, as a result of the crack, the APC votes was divided, aiding the PDP candidate to win the election. Result from the governorship poll declared by the Independence Electoral Commission (INEC), the PDP candidate, Fintiri scored 376552 to beat Bindow of the APC who scored 336386 to come second position while Nyako of ADC polled 113237 votes to place third in the race. The votes margin that gave Fintiri victory was 40166. Going by the score, if Bindow had succeeded in managing the crisis in the APC he would have won the last governorship election with a large margin of votes. For instance if the votes of Nyako of ADC, which was 113237 was added to that of Bindow votes of 336386 , APC would had gotten 449623 to defeat the PDP candidate with a margin of 113071 votes. The fallout of the APC Governorship primary opened fresh wound in the party causing more cracks in the APC . The outcome made the former boss of Economic and Financial Crimes Commission (EFCC), Mallam Nuhu Ribadu and Dr. Halilu Modibbo who competed with Bindow for the party’s governorship ticket to call for the cancellation of the primary due to alleged irregularities But the National headquarters of the APC preferred Bindow being the incumbent governor of the state. They refused to listen to the complaints of Ribadu and Modibbo ,so Bindow was made the governorship candidate of APC in the state . That action from the APC headquarters was a major factor to the party’s lose in the governorship contest, as there were many enduring crisis from the party primary. The supporters of the duo of Ribadu and Modibbo worked for the victory of the PDP in the state
The presidential candidate of PDP , former Vice President Atiku Abubakar’s factor also played a great role for the PDP and its candidate to attain victory in the state. Atiku has great influences politically and economically flowing from his extensive business empire spread across the state which has more than 50000 people employed directly and indirectly. Having been active participant in the political arena for decades, the former Vice President has sustained a thriving political structure across the 21 local government areas of the state. There was no way APC would have defeated his party in his own state. The implications of Fintiri emerging as the Governor-elect is that he will be able to actualize a good number of developmental projects and transform the state civil service Fintiri will be able to balance between policies and politics because no government can succeed in Adamawa state, without understanding how to balance development and playing politics. The governor-elect is expected to transmit development to the grassroots and therefore bring back the glory of the state. The task ahead of him is the last minute employment done by the outgoing administration of Bindow, which has already saturated the civil service This action of the outgoing has been interpreted as an attempt to make things difficult for the incoming administration. There is also the issue of backlog of pension and gratuity to tune of N28 billion. Apart from this huge debt, the Bindow administration is also leaving another financial burden of about N120 billion . The administration claimed to have used the money for road construction across the state.
T H I S D AY ˾TUESDAY MAY 21, 2019
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TRENDING NEWS
The Burden of Unending Hostility Victor Ogunje writes that former Ekiti State governor, Chief Segun Oni and the incumbent governor, Dr. Kayode Fayemi have been at daggers drawn since 2007, when they first engaged in an electoral bout
Oni
Fayemi
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hat may be regarded as a wide gulf is presently surfacing in the Ekiti State chapter of the All Progressives Congress (APC). The suspension slammed on former Governor Segun Oni, is creating a centrifugal force that is resonating a wind of enmity and ripping the party apart. In actual fact, the party through its apparatus at the Ifaki Ward II slammed the hammer of suspension on the former governor even without expressly stating what particular offence he had committed. Going by a terse statement issued conveying the sour and derisive message to Oni, it was succinctly stated that he committed an antiparty offence, which had been the usual mantra deployed to deal with a perceived enemy in a political setting. Though the actual offence was not stated, but there is an overriding suspicion that Oni was punished for disrespecting party supremacy over the issue he had with Governor Kayode Fayemi on his eligibility to vie for the May 12, 2018 governorship primary. Oni clinched onto the fabric of the party’s statutes on what qualifies a candidate to contest a primary in APC. In line with Article 21 which states that any public servant intending to stand for an election must resign 30 days to the primary, Oni held up this provision to insist that Fayemi was not eligible to participate in the primary. Fayemi, who dissented to the statute believed he was not a public servant, but a mere appointee of President Muhammadu Buhari , who could be fired anytime and that his hands were not in any way fettered by the provision. He participated in the primary and won. Fayemi thereafter trounced the Peoples Democratic Party (PDP) candidate in the July 14, 2018 poll to win a second term as governor . Before Oni crossed the line on his intention to go to court, a warning had come from the South-west leadership of the party, led by former Lagos state , Asiwaju Bola Ahmed Tinubu , Chief Bisi Akande, Segun Osoba and Otunba Niyi Adebayo that litigation shouldn’t be part of the game. Oni defied this stern directive, saying the section propelled him to resign as the Deputy National Chairman, south of the party. He never foresaw a lugubrious end as he unwaveringly believed he could have his way in court but the Supreme court proved him wrong and dashed his hitherto glowing hope by expressly stating that Fayemi didn’t breach any law by his participation in the highly pulsating and tension soaked primary. A lot of meanings have been read into the recent judicial duel between the two personae. The duo have refused to allow the courts rest since 2007 when they first engaged in an electoral bout. Before the election, Fayemi and Oni were
best of friends. They belonged to an aristocratic group called E-11 , which fought former governor Ayodele Fayose in his first term and removed him from office via an ill-fated impeachment. They are both gentlemen and members of the intelligentsia, who are working towards making Ekiti great in all spheres. The governorship election of 2007 brought the seemingly protracted enmity between them. At that time, Fayemi, candidate of the Action Congress pursued his case up to the appeal court level in Ilorin until Justice Mohammed Dattijo on February 17, 2009 sent Oni packing and ordered a rerun. The rerun could not even settle the scores. It reopened another vista of litigation filed by Fayemi. Like a repeat of history, the appeal court led by former President of the Court of Appeal, Justice Ayo Isa Salami ousted Oni from office and returned Fayemi on October 15, 2010. But in 2014, Fayemi as governor was desperately in search of how to scale the hurdle of second term owing to his waning and critically reduced popularity. To accomplish this herculean task, he made rapprochement to Oni and settled with him. Oni dropped the toga of enmity and backed Fayemi’s second term bid. However, they both suffered calamitous defeat to Fayose in the poll , branded the worst electoral defeat ever suffered by an incumbent governor in the history of the country. Part of what motivated Oni to work with Fayemi was his unwavering trust in Fayemi’s ability to lead the state better than Fayose. Meanwhile, Oni’s action looked vindictive, because Fayose worked with Fayemi in the rerun held on April 26 and May 5, 2009 , despite being a member of the PDP, the platform under which Oni contested. Oni while mending fence with Fayemi in 2014 said: “I have to think about the corporate benefit Ekiti will get from this. I have no doubt in my mind that Fayemi is a better governor. No killing, no harassment and molestation suffered by anybody in the last four years. I hereby direct all my loyalists and supporters to support him in the June 21, 2014 election.” Following the synopsis of what happened since 2014, the relationship between the duo had been robust and solid before the recent debacle that reignited the old enmity. Immediately Fayemi won the Supreme Court case filed by Oni, a public procession was held by APC to rejoice. That day, the leaders and party members said all manners of repugnant and irritating things against the former governor. Some of Oni’s supporters sighted were heckled by the rampaging party members, who clearly stated that those behind the action must be punished. But Fayemi quickly doused the tension by telling the irate APC members that nobody will be victimised over the matter, saying the party remains one indivisible entity in spite of the long drawn litigation. He said: “Don’t let
us fight any of them, because I have forgiven those behind this. I dedicate this victory to all of you. Our party must be united and I am ready to work with everybody, including my brother, Asiwaju Segun Oni to make our party and Ekiti better.” The top hierarchy of the party was not in any way swayed by the gospel of unity preached by Fayemi. The State Working Committee, in a statement signed by its Publicity Secretary, Hon Ade Ojo congratulated Fayemi on his judicial victory and asserted that Oni and his ilks won’t be victimised over the action. Hardly had the statement been issued when events changed and the party SWC had to pander to deafening calls for a stick approach, rather than carrot, citing allegations of several petitions written by party members. Latching on this, Oni was to face the consequence of his actions. Not bearing in mind his status, the APC executive in Ifaki Ward II on May 1, 2019, slammed Oni with indefinite suspension from the party. The letter conveying Oni’s suspension was signed by the Chairman and Secretary of Ifaki Ward II, Shina Akinloye and Ogunyemi Taiwo, respectively and 24 other executive members in the ward. Oni’s suspension from the party also enjoyed the backing of the APC executive in Ido /Osi local government through its Assistant Financial Secretary and Assistant Organising Secretary, Messrs A. Suleiman and Olanrewaju Olamope. Apart from being a former governor, Oni also served as the Deputy National Chairman (South) of the party under the tenure of Chief John Oyegun. The letter titled: ‘Suspension From All Progressives Congress Ward II, Ifaki Ekiti’ reads, “ Subject to Article 21 Subsections I, II and X of the APC constitution 2014 as amended, we undersigned executive members of the APC hereby suspend you indefinitely from our great party, based on your refusal to honour our invitation for investigation and fact finding into the allegation of anti party activities leveled against your person by the members of our party. “We are by the copy of this letter informing both the local government and state working committee of the party for necessary information and action” Earlier, the party, had in a letter dated April 24, 2019 and signed by the ward executive invited Oni to appear before a fact finding panel. The letter readd, “We the executive members of the APC in Ifaki Ward II, hereby request your presence at the Ilero Town Hall, Ilogbe, Ifaki Ekiti to clear the air about the allegations by members of the APC in your ward” However, Oni’s backers in the party didn’t take the matter with levity. They were determined to fight back in a hard way. The leaders of the party in the two wards in Ifaki Ekiti , in Ido/ Osi local government, rose to condemn the suspension. They branded it as shameful and illegal, having allegedly violated the procedure
of the party. Those who signed the statement from the two wards, rejecting the party’s position are: Michael Durodola, Tayo Okanlawon, Ebenezer Ogunlana and Sola Ilori. They dissociated themselves from the suspension, saying it was an act of disrespect . The statement said: “The ward executives’ decision to suspend Segun Oni did not receive the blessing of generality of Ifaki wards APC Leaders. “The concocted allegations were unfounded. Names of those said to have raised allegations of anti party against Oni were not mentioned, neither were they invited. “The faceless committee they said they set up did not properly invite the former governor. The suspension letter written to the former Governor has no signatories and this rendered it useless. “With the above, we the entire elders of the APC in the two wards in Ifaki reject this suspension and we urge the party members and the public to discountenance it,” they said. “ Kindly indicate by informing the APC chairman the convenient time and date to appear before members within the next seven days of the reception of this letter.” The letter of invitation was received on Oni’s behalf by one Segun Adetunji on 25th April, 2019. Reacting personally to his kinsmen’s action, Oni said he was not sure that a sane person could contemplate suspension against him despite taking the most conventional way to fight hi course. He said: “They must be joking, I am not sure this could happen. There is a structure in the party. There is a way things are done in the party and I don’t think any sane person can contemplate this.” On his failure to heed the invitation of APC Ifaki Ward as conveyed in a letter dated April 24, the former governor queried the people behind the said invitation. Hr contended that no ward officer enjoys the constitutional power to disparage a former governor and ex- national officer of the party in such a brazen manner. He said: “Who are they? I am not a nobody in the party. So I cannot be expected to honour such a faceless invitation. “Who are they? What is their pedigree? If a group of rascals signed a letter, how can they expect me to give any thought to such. Let those who wrote the letter show face and level allegations,” Oni said. Another set of executive members had risen from the ward to to reaffirm its stand that Oni’s suspension subsists in spite of the ward leaders’ opposing view. The question on the lips of Ekiti people now is, where will Oni go from here? Will he stay in APC and fight to retain his position and recognition? Will he jump the boat and return to PDP where he served as governor? Time will tell.
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FEATURES
T H I S D AY ˾ ˜ Ͱͯ˜ Ͱͮͯͷ
Group Features Editor: Chiemelie Ezeobi Email chiemelie.ezeobi@thisdaylive.com, Tel: 08152252325
Senior Pastor Realm of Glory Church, Abraham Sam Aiyedogbon, who doubles as the Convener Catalyst for Global Peace and Justice (CPJ), leading the demand for Leah Sharibu’s release
Echoes of Voices of Freedom for Leah Sharibu Ayodeji Ake‚reœ›rßs‚ßhøß‚ß›‚ú›ÜÜeÜ›røße‚ßhe‚Ñ“ßh‚ùØrßh¸ø¡‚›º‚üeøh‚|hørØùà‰‚âhØúh‚she‚ ÜørÚe¸‚Øn‚Ó›Ú›‚–ørøÜ‚úøœßØáØß¡‚‘’0‚¸ø¡s‚øºßer‚she‚âøs‚øù¸àúße¸‰‚ßhe‚`eøÛÜ‚›º‚•Û›r¡‚Ôhàrúh‚øn¸‚ ßhe‚ÔøßøÛ¡sß‚º›r‚•Û›ùøÛ‚{eøúe‚øn¸‚˜àsßØúe›r»ønØse¸‚ø‚ùØrßh¸ø¡‚røÛÛ¡‚ß›‚úÛøÜ›àr‚º›r‚her‚sœee¸¡‚reÛeøse‚
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Members of Realm of Glory Church commemorating Leah Sharibu’s 16th birthday
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T H I S D AY ˾ ˜ Ͱͯ˜ Ͱͮͯͷ
FEATURES
Tackling Maritime Threats and Challenges in the Gulf of Guinea: Contributions of the Nigerian Navy Vice Admiral Ibok-Ete Ekwe Ibas
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Vice Admiral Ibok-Ete Ekwe Ibas
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TUESDAY MAY 21, 2019 • T H I S D AY
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WEEKLY PULL-OUT
‘OYO REMAINS A PACESTTER STATE IN MANY RESPECTS’
21.05.2019
Oluseun Abimbola
2/DASHBOARD
21.05.2019
Defence of Bona Fide Purchaser for Value without Notice: When Valid PAGE 4
Lagos Government Appraises Criminal Justice Regime in the State PAGE 5
Court Fixes Hearing of Union Bank’s N10bn Suit against Petrocam for May 23 PAGE 5
Reconsider Your Participation in Presidential Election Petition Tribunal, Group tells Bulkachuwa, PCA PAGE 6
‘Discover Your Passion and Develop it’
QUOTABLES ‘So far, we have empanelled 78 Panels, to cover the Election Tribunals in all the States of the Federation, excluding Jigawa State, where no election petition has been filed....There are presently 786 petitions, with Imo State having the highest number of 76 petitions, which necessitated the posting of six Panels to the State.’ – Hon. Justice Zainab Adamu Bulkachuwa OFR, President, Court of Appeal, Federal Republic of Nigeria
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COLUMNISTS ‘The Law is clear. The only time you can raise an objection to the impartiality of a tribunal, is when you have material facts....Assuming that the husband of Hon. Justice Bulkachuwa is a presidential candidate or a party in this action, there is a valid question that you can raise. Throughout Nigeria, from 1999 - 2007, you didn’t know that you had Judges and Justices, who were spouses and aunties of PDP members.....Nobody raised objection!’ – Daniel Hassan Bwala, Legal Practitioner, Member of Lincoln’s Inn of England and Wales ‘....In my own opinion, Hon. Justice Bulkachuwa, is a Judge of high integrity. The point is, the likelihood of bias.... Will the public viewing the appointment, say there’s a likelihood that she can be influenced by her spouse, to the extent that the APC takes the advantage of that influence? If the answer is yes, then the ideal would be, for her to recuse herself.’ – Hon. West Idahosa, Lawyer, former member of the House of Representatives, Federal Republic of Nigeria
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
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A Puzzle from the Past
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ast week, I was studying a criminal case file, in which a policeman (XY) was convicted and sentenced to life imprisonment, for killing a man at a checkpoint, and injuring another. XY claimed that he was framed to take the fall, by his fellow policemen who were on the beat with him, because he was a stranger to them, having just been transferred to join them a couple of days before the incident, and because they found Dollars in the vehicle in which the deceased was one of the passengers, which they wanted to keep for themselves. His examination-in-chief and the evidence tendered during the trial, contradicted XY’s statement which he made at the police station (also tendered as an exhibit at the trial). XY claimed that his initial statement was obtained under duress, that he was beaten and forced to make it. As I continued to peruse the file, I had a nagging feeling that, the other policemen may not be as innocent as they professed to be. I remember as a new wig in the early 1990s, handling a criminal matter with my senior, in which I was able to prove that the Police had framed my client, the accused person, because he was proving to be an obstacle to some illegal money making scam they had going on; my client was eventually, discharged and acquitted. Questions As an avid watcher of the Crime Channel on DSTV, I sort of fancy myself as a ‘mini investigator’, and so, many questions crossed my mind about this police investigation like, did the eyewitness accounts match the evidence? Were any bullets retrieved from the body of the deceased or shell casings from the scene of the accident? Were there independent eyewitness accounts aside from those of the people involved in the incident? Was it true as XY had claimed, that the passengers in the car were criminals as he suspected them to be, who had succeeded in bribing his colleagues with their Dollars? Why was it only the weapon that purportedly belonged to XY, that was taken for ballistic examination? Why were the weapons of all the other policemen
Lord Alfred Thompson Denning
present on the scene, not taken for the same expert tests? What did the autopsy report say? I also wondered whether XY had had adequate legal representation, and if the prosecution had proved its case beyond reasonable doubt.
Trial-within-trial In XY’s statement (which he claimed was given involuntarily), even though he didn’t confess to killing the deceased, he confessed to firing his weapon twice, once in the air, and once to nowhere specific. He also exonerated his colleagues, saying they ran away when they heard gunshots, and then contradicted himself, saying that none of them fired their weapons, and subsequently, in the same statement, that he didn’t know whether they fired their weapons. It was the contention of the Prosecution that, it was the shot that XY fired, that killed the deceased and wounded a second person. My dear Colleagues, shouldn’t XY’s counsel have objected to the admissibility of his statement based on the voluntariness or otherwise of it, and a trial-within-trial first held, before the main trial proceeded? Afterall, Section 28 of the Evidence Act 2004 (EA) (the law applicable at the time of the case), made confessions obtained under duress, irrelevant to criminal proceedings. However, such objection must be raised timeously, and cannot be raised subsequently by an accused person, while presenting his/her defence during the trial, to invoke a trial-within-trial - Obinah John v State 2013 LPELR-22197 CA, as XY attempted to do subsequently, during his examination-in-chief, when he stated that he made the statement under duress, having been beaten up mercilessly and forced to make it, and that he in fact, did not fire any shot the night of the incident. Proof beyond reasonable doubt Section 138(1) of the EA provides that, proof of the commission of a crime, must be beyond reasonable doubt – Adekoya v State 2012 3SC Part 111 at 36, and when this is done, the burden of proving reasonable doubt shifts to the accused person (Section 138(3) EA). While the prosecution called four witnesses (I’m
not saying that the requirement of proof beyond reasonable doubt was satisfied), I saw no real attempt on the part of XY’s counsel to satisfy the burden of proof of reasonable doubt. Only XY was called as a witness, to testify in his own defence. Not even a feeble attempt to bring in one character witness, to testify as to XY’s good character, which is relevant in criminal proceedings (Section 68 EA). XY also stated in his testimony, that he was attacked by the passengers accompanying the deceased, and he blacked out. When he came to, he was taken to the hospital by another policeman, for his injuries to be attended to. I wondered why, if his testimony was true, XY’s counsel didn’t call the Good Samaritan policeman, to testify on XY’s behalf. In Miller v Minister of Pensions 1947 2 AELR 372 (a popular authority used in the UK and Nigeria), Lord Denning stated that proof beyond reasonable doubt, does not mean proof beyond all shadow of doubt or to the tilt. In State v Onyeukwu 2004 14 NWLR Part 813 at 340, the court held that, it was sufficient just to establish the guilt of the accused person by credible, cogent, reliable and believable evidence. None of the policemen testified to seeing XY shoot the victim. They all claimed to have heard a shot, and taken to their heels to take cover. It was the other occupants of the car in which the deceased was one of the occupants, that stated that it was XY who shot the deceased, and the bullet travelled through the deceased and hit another occupant of the car, injuring him. The person that claimed he was injured, did not submit any medical report, to substantiate the fact that he had suffered a gunshot wound, and was treated at the hospital. Neither was any police report of the gunshot injury, which I imagine, would have been required to get the gunshot wound treated in the hospital, presented as evidence to the court. XY claimed that, he had been asked to search the car the deceased was a passenger in, and he saw a weapon in the car. Elements of Proof beyond reasonable doubt in a Murder Case XY was charged for murder contrary to Section 319(1) of the Criminal Code Law of Lagos State 2003, to which he pleaded not guilty. To prove the case beyond reasonable doubt, the Prosecution had to prove that 1) the deceased died 2) that the death of the deceased was caused by XY and 3) that the act of XY that caused the death of the deceased was intentional, with knowledge that death or grievous bodily harm would be the probable consequence of the act – Ogedengbe v State 2014 12 NWLR Part 1421 at 338. The photos of the deceased’s corpse, admitted as exhibits, left no one in doubt that, the deceased had died, and the first element had been proven. The second element, was however, not an open and shut case. The bullet(s) that killed the deceased, was never found, so no one could say conclusively, that it was the bullet from XY’s weapon that killed the deceased. There were at least four other policemen at the scene, with AK 47 rifles. Who is to say that it wasn’t one of the others, who fired the fatal shot? All the policemen including XY, testified to applying for and receiving 22 bullets. In XY’s initial statement, he said he fired two shots, while he denied firing any shot in court. The ballistics report certified that, there were 21 bullets in the gun purported to belong to XY, when it was brought to him for testing. There should have been 20 bullets and not 21 left, if two shots were fired, and 22, if indeed,
ONIKEPO BRAITHWAITE
THE ADVOCATE onikepo.braithwaite@thisdaylive.com onikepob@yahoo.com
“I REMEMBER AS A NEW WIG IN THE EARLY 1990S, HANDLING A CRIMINAL MATTER WITH MY SENIOR, IN WHICH I WAS ABLE TO PROVE THAT THE POLICE HAD FRAMED MY CLIENT, THE ACCUSED PERSON....”
XY didn’t fire at all. XY claimed that it was not his weapon, that was taken to ballistics. There was no proper evidence led by the Prosecution, to show that the weapon that was taken to ballistics, was actually the weapon that had been assigned to XY. The weapons of all the other armed policemen that were at the scene of the incident, were not taken for testing, to conclusively rule them out as the killers. I also found it odd that, all the other policemen seemed to have copied each other’s statements almost word for word, from how they started the day, to the end. It was over- corroboration! Even the gospels in the Bible, are not word for word. Fanciful Possibilities Were my doubts unreasonable doubts, or reasonable enough to show that the Prosecution did not satisfy the second element of proof, and therefore, could not have satisfied the third element? All in all, I wondered whether the Prosecution had satisfied the burden of proof beyond reasonable doubt, and whether XY’s counsel could have done a better job at defending him. In Miller v Minister of Pensions (Supra), Lord Denning went on to say that: “The law would fail to protect the community, if it admitted fanciful possibilities to deflect the course of justice, if the evidence is so strong as to leave only a remote possibility, which can be dismissed with one sentence”. My dear Colleagues, what do you think? Are my fears simply ‘fanciful possibilities’ or are they enough to qualify as material contradictions, which should have been resolved in favour of XY? Were the eyewitness reports from only those who were involved in the incident, strong and reliable enough so “as to leave only a remote possibility” that XY didn’t commit the murder?
4/LAW REPORT
21.05.2019
Defence of Bona Fide Purchaser for Value without Notice: When Valid
T Facts
he 1st Appellant, as the holder of a Certificate of Occupancy No. FCT/ABU/SO.201 in respect of Plot No. 865 (now Plot 1809) within the Cadastral Zone A04, Asokoro, Abuja, instituted an action against the 2nd and 4th Respondents at the High Court of the Federal Capital Territory (FCT) Abuja, seeking inter alia, a declaration that the Notice of Revocation of undeveloped plots issued by the Minister of FCT in respect of the said plot, is null and void, and an order setting same aside. The 1st Appellant also sought a declaration that, he is entitled to a re-certified certificate of occupancy, in respect of the said plot. While the action was pending, the 1st Respondent sought and was granted leave to be joined as a Defendant in the suit. Further to this, the 1st Appellant amended his Statement of Claim, to include additional reliefs of an order setting aside the purported sale of the plot by the 4th Respondent to the 1st Respondent, as well as damages. At the conclusion of the case, judgement was entered in favour of the Appellant for all the reliefs sought, except the relief for damages. Aggrieved, the 1st Respondent appealed to the Court of Appeal. At the Court of Appeal, the 2nd Appellant sought and was granted leave, to be joined as an interested party. The appeal was successful, and the judgement of the trial court was set aside, on the basis that the 1st Respondent was a bona fide purchaser for value without notice of any defect, and that the 1st Appellant had no locus standi to institute the action in the first place. Hon. Kumai Bayang Aka’ahs, JSC
Issues for Determination The Supreme Court adopted the three issues distilled by the Appellant, for determination of the appeal as follows: 1. Whether a decision of a court not appealed against, binds the parties and the court, and if so, whether the decision of the trial court that the revocation of the right of occupancy of the 1st Appellant by the 2nd and 3rd Respondents, is null and void, in the circumstances leaving nothing to be assigned or conveyed to the 1st or 4th Respondent. 2. Whether in the peculiar circumstances of this case, where documentary and oral evidence abound on irregularities and collusion between the Respondents, a defence of bona fide purchaser for value without notice, laches and acquiescence can avail the 1st Respondent to defeat the legal interest of the 1st Appellant. 3. Whether the lower court was right in holding that because the 1st Appellant donated an irrevocable Power of Attorney to the 2nd Appellant, he lacked the capacity to institute the action, thereby robbing the trial court of jurisdiction. Arguments On the 1st and 2nd issues, counsel for the Appellants argued that, since the trial court declared the Notice of Revocation null and void, and there was no appeal against this pronouncement before the Court of Appeal, the consequence is that the legal title of the 1st Appellant is intact, and the 2nd and 3rd Respondents had nothing to pass to the 4th Respondent to enable him transfer any title to the 1st Respondent. He submitted that, whether the 1st Respondent had notice of the illegal revocation of the 1st Appellant’s title over the subject land or not, the acts being illegal, null and void, the defence of being a bona fide purchaser for value without notice, could not avail him. Opposing the above submission, counsel for the 1st Respondent argued that, the 1st Appellant was guilty of laches and acquiescence, in that he deliberately stood by and watched the 1st Respondent complete the development on the plot, without raising any complaint. He further argued that, all that is required from a party putting up a defence of being a bona fide purchaser for value, is for him to show that he made proper inquiries, such as a legal search, and not to investigate the title of his vendor beyond reason and common sense, if the property is registered. Counsel for the 1st Respondent referred to the evidence adduced by the 1st Respondent at trial and submitted that, there was evidence that the 1st Respondent carried out the requisite search at the Lands Registry, Abuja Geographic Information System (AGIS), and he bought from the person identified as the owner and title holder without encumbrance; hence, the 1st Respondent had no notice of any third party claim or interest in the property. Counsel for the 2nd and 3rd Respondents, acknowledged that the 1st Appellant was allocated the subject land; however, he contended that, the 1st Appellant did not comply with the terms of the allocation, as he failed to develop the plot within the specified period of two years, and for a longer period of 21 years. His title over the said land was thus, revoked, and the plot was later re-allocated in accordance with the provisions of the Land Use Act. On the 3rd issue, counsel for the Appellants argued that, the issue of capacity to sue did not arise from the pleadings
In the Supreme Court of Nigeria Holden at Abuja On Friday, the 1st day of February, 2019 Before Their Lordships Mary Ukaego Peter-Odili Kumai Bayang Aka’ahs Kudirat Motonmori Olatokunbo Kekere-Ekun Ejembi Eko Paul Adamu Galinje Justices, Supreme Court SC373/2015 Between 1. Ambassador Alhaji Shehu Othman Malami OFR 2. Sir Emeka C. Ofor ..........Appellants And 1. Imoukhuede Ohikhuare 2. Minister of the Federal Capital Territory 3. Federal Capital Development Authority 4. Muhammed Habib Aliyu. ........Respondents (Lead Judgement delivered by Hon. Kumai Bayang Aka’ahs, JSC)
or issues fought in the case, but in the judgement of the court below. Court’s Rationale and Judgement On the 1st issue, the court, relying on DABO v ABDULLAHI (2005) 7 NWLR (Pt. 923) 181, held that a finding of a court not challenged on appeal, remains binding and conclusive
“....FOR A PLEA OF BONA FIDE PURCHASER FOR VALUE WITHOUT NOTICE, TO BE VALIDLY MADE, THERE MUST BE A VALID TRANSFER OF THE PROPERTY IN ISSUE, AND WHERE A RIGHT OF OCCUPANCY IS GRANTED OVER LAND, WHILE THERE IS STILL A SUBSISTING GRANT OVER THE SAME LAND, THE SUBSEQUENT RIGHT OF OCCUPANCY AS EVIDENCED BY THE CERTIFICATE OF OCCUPANCY, IS INVALID, NULL AND VOID, BY REASON OF THE EXISTENCE OF THE SUBSISTING GRANT”
between the parties. The court held that, the Notice of Revocation of the 1st Appellant having been set aside and declared null and void by the trial court, and there being no appeal against this aspect of the judgement of the trial court, it follows therefore, that the title of the 1st Appellant in respect of Plot No. 865 (now Plot 1809) within the Cadastral Zone A04, Asokoro, remained valid and subsisting; hence, the 2nd Respondent had nothing to grant and allocate, to the 4th Respondent. On the 2nd issue, the court held that for a plea of bona fide purchaser for value without notice, to be validly made, there must be a valid transfer of the property in issue, and where a right of occupancy is granted over land, while there is still a subsisting grant over the same land, the subsequent right of occupancy as evidenced by the certificate of occupancy, is invalid, null and void by reason of the existence of the subsisting grant - BRAIMAH v ARASI (1998) 10 SCNJ 85 at 102 and ILONA v IDAKWO (2003) 11 NWLR (Pt. 830) 53. Further, before a Governor or Minister of the Federal Capital Territory can revoke the right of occupancy of a person, there must be due compliance with Section 28(5)(a), (b), (6) and (70), which includes the giving of notice to the person who will be affected by the revocation. Relying on its decision in DANTSOHO v MOHAMMED (2003) 6 NWLR (Pt. 817) 457, the Apex Court held that, any revocation that does not comply with Section 28 of the Land Use Act, is null and void. The court observed that, the documentary evidence adduced before the trial court showed that the 1st Appellant had submitted the original certificate of occupancy in respect of the disputed plot for re-certification and re-issuance, and was given an acknowledgment receipt dated 7th May, 2005 in respect of same. However, while waiting for the re-issuance of a new certificate of occupancy and without any action on the 1st Appellant’s application, the 2nd Respondent revoked the 1st Appellant’s right of occupancy, without giving the requisite notice. The court observed that, the 4th Respondent purported to have applied for allocation of the land on 20th September, 2005, whereas the date of the ministerial approval of the application was given as 25th March, 2005. The ministerial approval predated the application, by six months. Further, the Notice of Revocation was dated 5th October, 2005, months after 25th March, 2005 when the 4th Respondent was granted the offer of the right of occupancy over the subject land. The court opined that, the sequence of events and the documentary evidence suggest that there was collusion between the officials of the 2nd and 3rd Respondents, in order to steal a march on the 1st Appellant and deprive him of his land, and also pave way for the 1st Respondent to claim that he was a purchaser for value without notice. Also, there was no evidence that the 1st Appellant was given the statutorily required notice, before his right of occupancy over the subject land was revoked; and the implication of this is that, the purported revocation was void and the Statutory Right of Occupancy of the 1st Appellant, is still valid and subsisting. It follows therefore, that the subsequent right of occupancy granted to the 4th Respondent over the said land, as well as the subsequent sale to the 1st Respondent, are void. For a bona fide purchaser for value without notice to take advantage, the contending interest must be equitable (which is not the case here). In the same vein, the legal interest of the 1st Appellant, cannot be defeated by the 1st Respondent pleading laches and acquiescence on the part of the 1st Appellant. On the 3rd issue, the court made reference to its decision in UDE v NWARA (1993) 2 NWLR (Pt. 278) 638 at pages 664-665 where it was held that, a power of attorney merely warrants and authorises the donee to do certain acts in the stead of the donor; it is not an instrument which confers, transfers, limits, charges or alienates any title to the donee; rather, it could be a vehicle whereby these acts could be done by the donee, for and in the name of the donor to a third party. So, even if it authorises the donee to do any of these acts to any person including himself, the mere issuance of such power is not per se an alienation, or parting with possession. On this note, the court held that, the donation of an irrevocable Power of Attorney by the 1st Appellant to the 2nd Appellant, does not extinguish his title on the land or rob him of the locus standi to institute the action. Appeal Allowed. Representation Joe Agi, SAN with others for the Appellants. Paul Erokoro, SAN with others for the 1st Respondent. Godwin S. Ogboji, Esq. and another for the 2nd and 3rd Respondents. Yakubu Philemon, Esq. with others for the 4th Respondent. Reported by Optimum Publishers Limited (Publishers of the Nigerian Monthly Law Reports (NMLR))
21.05.2019
NEWS/5
COURTESY VISIT (Front Line) L-R: Prosecutor, Economic and Financial Crimes Commission, Mr. Rotimi Jacobs, SAN, Mr. Lawal Pedro, SAN, Mr. Fola Arthur-Worrey, Lagos State Chief Judge, Hon. Justice Opeyemi Oke, Lagos State AttorneyGeneral and Commissioner for Justice, Mr. Adeniji Kazeem, SAN, Life Bencher, Mrs. Hairat Balogun, Lagos State Solicitor-General, Mrs. Funlola Odunlami and Mr. Tayo Oyetibo, SAN during the Lagos State Criminal Justice Workshop at Sheraton Hotel, Ikeja last week
L-R: Chairman, Nigerian Bar Association-Section on Business Law (NBA-SBL), Mr. Seni Adio, SAN,Lagos State Chief Judge, Hon. Justice Opeyemi Oke, Chairman, NBA-SBL 2019 Conference Planning Committee, Dr. Adeoye Adefulu, Hon. Justice Abiola Soladoye and Council Member, NBA-SBL, Mr. Sam Aiboni during a courtesy visit by the Council of NBA-SBL to Lagos State Chief Judge, to announce the 13th Annual Business Law Conference in Lagos, at the weekend
Lagos Government Appraises Criminal Justice Regime in the State Akinwale Akintunde As part of efforts to improve justice delivery, the Lagos State government through its Ministry of Justice, last Tuesday, held a one-day workshop on the Appraisal of the current criminal justice regime. The workshop, which held in partnership with European Union, British Council and Rule of Law and Anti-Corruption (ROLAC), was aimed at reviewing and re-evaluating existed reforms in the administration of criminal justice system in the State. The theme of the workshop, which held at Sheraton Hotel, Ikeja was ‘Appraisal of Current Criminal Justice Regime in Lagos State: Proposal for Policy and Practice Changes’. Declaring the workshop open, the Lagos State Attorney-General and Commissioner for Justice, Mr. Adeniji Kazeem, SAN, said the zeal to transform the justice sector would transcend the present administration, because the State has consistently demonstrated its passion for an improved system of justice, and has earned the status of a pace setter in the country. Kazeem said the workshop was unique, because it served as an opportunity to reflect on the innovative reforms introduced so far, under the present administration whose passion for achieving a practical, effective and at the
same time, contemporary justice system, remains glaring. The Attorney-General recalled that the ACJL 2015 of Lagos State, which was first enacted in 2007 and amended in 2011, has tremendously assisted the criminal justice system, not just in Lagos, but in Nigeria, and has been a pivotal tool in dealing with defendants in the State and over 27 other States, which adopted similar laws. While commending stakeholders in the administration of justice in Lagos State for their unqualified support, Kazeem explained that, it is apparent certain provisions required attention in the current system, while in other cases, there is need to infuse key aspects of the law that were not previously considered, into the system. He, however, expressed his appreciation to all stakeholders for their support and cooperation, especially the staff of the Ministry of Justice, the Police and other security operatives, as well as the good people of Lagos, amongst others, for supporting the government in its endeavours. “Lagos State is a constantly growing city and remains the economic hub of Africa, with a population of over 23 million residents and more arriving on a daily basis from various parts
of the country, and indeed, the world. Lagos is unique with peculiar challenges just like other megacities across the globe; as such, it requires a shift in mindset, and a deliberate attempt to achieve and implement an all-around reform. “The zeal to transform the justice sector, should, and I believe, will transcend this Administration. This is because Lagos State, a cynosure of excellence, has consistently demonstrated its passion for an improved system of justice, and has earned the status of a pace setter for our nation, Nigeria. The Stakeholders Summit on the Administration of Justice held in January 2017 and subsequent Justice Reform Summit held in December 2017, birthed a number of reforms, which have improved our system. “It is therefore, befitting that I preface this remark by commending heartily the Stakeholders in the Administration of Justice in Lagos State, for the unqualified support you have given this administration. It is by no means an easy task to implement the reforms and maintain the rule of law, in a highly populated, multicultural, urbanised and multi-religious society, like Lagos State. “The workshop brings
together yet again, a blend of stakeholders with a common passion and desire, to continuously improve the system of justice. I have no doubt that we will together discuss very pertinent issues, exchange intellectual experiences, while discussing the critical problems facing the implementation of our justice system, and proffer a wider roadmap to bridge the gaps identified. The role of any responsible leadership, is not only to do its part or do the barest minimum, but with foresight, plant a tree of which part it may never be a beneficiary of. “Today’s workshop is unique, in the sense that, it serves as an opportunity to reflect on the innovative reforms introduced so far under the exemplary leadership of His Excellency, Governor Akinwunmi Ambode, whose passion for achieving a practical, effective and at the same time, contemporary justice system, remains glaring. It is also unique, as the last one in the life of this Administration. Some of the topics we will look at include the Administration of Criminal Justice Law (ACJL) 2015”, the Attorney-General stated. Also speaking at the workshop, Lagos State Chief Judge, Hon. Justice Opeyemi
Oke, said the State Government was working hard to meet the expectations of the citizens, in their quest for justice. Oke said regardless of daunting challenges in having successful criminal justice reforms, the State Government is working seriously, to meet the expectations of the citizens. She said some of the challenges facing criminal justice reforms in Lagos, included lack of access to good counsel by indigent citizens, media trial by security agencies, inadequate funding and inadequate trained prosecutors, among others. The Chief Judge called on stakeholders in justice sector for support, stressing that reform could only be actualised through inter-agency cooperation and collaboration. “As far as efficient and effective administration of criminal justice is concerned, this cannot be achieved without collaboration and cooperation of all stakeholders in the sector. “The importance of criminal justice to the smooth running of any society, cannot be overemphasised. Indeed, an effective criminal justice system is regarded by many, as germane to the maintenance of law and order”, she said. Dr. Oluwatoyin Dadejogun, a representative of ROLAC, in
his remarks, said the criminal justice system must be one that responds with a heart, one that flowed with the milk of human kindness. Dadejogun said it should be able to discern and respond with a reformative objective in mind, stressing that, people made the rules that regulates the system. “The system, at the end of the day, should reflect the premium placed on human life and dignity, safety, security on victim of crime, on offender, and social harmony or cohesion”, he said. He commended Lagos State Judiciary for championing reform in criminal justice administration in the State, and Nigeria as a whole. Participants were drawn from the Ministry of Justice, Nigerian Bar Association, Police Prosecutors, Magistrates and High Court Judges in Lagos. Present at the workshop were Hon. Justice Hakeem Oshodi of the Lagos State High Court, former Lagos State Attorney-General and Life Bencher, Mrs. Hairat Balogun, Mr. Rotimi Jacobs, SAN, Mr. Tayo Oyetibo, SAN, Mr. Lawal Pedro, SAN, Dr. Hakeem Bello, Convener, Access to Justice, Mr. Joseph Otteh, and Mr. Ebun-Olu Adegboruwa.
Court Fixes Hearing of Union Bank’s Media Worth asks Court to Dismiss JC N10bn Suit against Petrocam for May 23 Decaux’s Preliminary Objection to N1bn Suit Akinwale Akintunde A suit filed by Union bank Plc against an Oil Company, Petrocam Trading Nigeria Limited and two others, to determine whether it (bank) will be able to recover its loss, a whopping N10 billion with an additional $5 million, has been adjourned to May 23, 2019. Other Defendants in the suit are, Mr. Patrick Ilo and Petrocam Trading Ltd South Africa. The bank had in its Statement of Claim filed through its lawyer, Chief Ajibola Aribisala, SAN, averred that the business structure is such that, while Petrocam Trading Nigeria had direct allocation for AGO
importation, the company entered into joint venture agreement with interested companies that have PPPRA allocation for the importation of Petrol. It stated that, this is to assist companies that have allocations, but lack the needed funding to do their business, thereby sharing both risk and reward with the company. Consequently, in pursuance of the banker customer relationship between September 29, 2014 and April 21, 2015, Union bank granted the company Import Trade Facilities to finance the importation of Petroleum products, which as
at January 10, 2018, Petrocam Trading Nigeria Limited and its Managing Director/alter ego of the company, Mr. Patrick Ilo, are indebted to Union bank as follows: the sum of N10,062,643,928.82 and US$5,247,963.82 with interests still running at prevailing rate. The bank further averred that, although the sum of N200 million was remitted into the opening account with the bank, no explanation was made by the company on the failure to remit the whole sovereign debt notes FX and interest differentials or subsidy payments in the
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Peter Taiwo A Nigerian outdoor advertising firm, Media Worth, has asked a Federal High Court sitting in Lagos, to dismiss the preliminary objection filed by an acclaimed world’s biggest advertising firm, JC Decaux Nigeria Outdoor Advertising Limited, against its N1bn Suit. Media Worth had sued JC Decaux, to seek redress for alleged usurpation of its approved billboard site, by JC Decaux. In the suit, Media Worth is asking the court to award it a whopping N1
billion as damages, for the alleged infringement on its billboard site by JC Decaux. Joined in the suit along JC Decaux, are the Federal Ministry of Works and Lagos State Signage & Advertising Agency (LASAA) as 1st and 2nd Defendants, respectively. Media Worth had, in its statement of claim, stated that the illegal incursion of JC Decaux, a French multinational agency, on its space, has caused disruption on its operations, resulting in loss of business. The Nigerian outdoor
company also blamed JC Decaux’s incursion, for its recent decision to disengage 22 members of its staff, as it could no longer meet up with overhead expenses, in the face of dwindling revenue. Responding to the suit, JC Decaux then filed a Notice of Preliminary Objection against the N1 billion suit filed by Media Worth, asking the court to strike out the suit in its entirety. Arguing the application at the resumed hearing of CONTINUED ON PAGE 13
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21.05.2019
Reconsider Your Participation in Presidential Election Petition Tribunal, Group tells Bulkachuwa, PCA Peter Taiwo A Human Rights Advocacy group, Access to Justice, has urged the President of the Court of Appeal, Hon. Justice Zainab Bulkachuwa to re-consider her membership of the Election Petition Tribunal, hearing the election petition against the declared winner of the 2019 Presidential elections. Access to Justice made this call, in a statement signed by its Convener, Mr. Joseph Otteh, on the ground that, Bulkachuwa is reportedly married to a Senator of the ruling All Progressive Congress (APC) party, and has not publicly denied this claim. The group said it made the call in the interest of the public, not because Bulkachuwa will not be a fair-minded and impartial Justice, but because the perceptions of reasonable members of the public, matter the more. “Of late, there have been strong speculations that, the Buhari government is heavily invested in efforts to achieve the best possible outcomes
from electoral courts in any election litigation involving the ruling party, through any means possible. Many believe this is the reason the government worked hand in glove with the Code of Conduct Tribunal and removed Justice Walter Onnoghen from office as Chief Justice of Nigeria, applying bizarre legal procedures. The dust has not settled, from that incident. “The Court of Appeal President, Hon. Justice Zainab Adamu Bulkachuwa, is reportedly married to a Senator of the ruling All Progressive Congress (APC) party, and she has not publicly denied this claim. We note that, the Court of Appeal President is not however, sitting on an election petition involving her spouse personally, but that involving her spouse’s political party and platform. “In ordinary circumstances, there would be no question of whether the President of the Court of Appeal can, or should participate in tribunals adjudicating election petitions involving her spouse’s party. But, these are no ordinary or normal times. The Nigerian
Judiciary is facing very heightened levels of public scrutiny, and the performance of some judicial bodies, have raised red flags concerning judicial independence and integrity. There are now, far more than normal anxieties about the Judiciary’s strength of character. Many keen observers of the Judiciary, are already worried that the Judiciary has been overawed by the government, given particularly, the example of the bizarre way they removed Chief Justice Walter Onnoghen, who was “guillotined” by a supposedly “judicial” body. “Given the present context, it may be difficult for judicial officers to bank on the moral capital of the Judiciary as an institution, as a basis of comfort when they sit on cases where some familial, fiduciary or other interests are implicated, for the stock value of that capital has descended a few notches over time, and survives mostly, through its clichés than its substance. Maybe at some time in the future, it will not be a problem for a Justice of the Court of Appeal to adjudicate cases where his
COURT FIXES HEARING OF UNION BANK’S N10BN SUIT AGAINST PETROCAM FOR MAY 23 CONTINUED FROM PAGE 5 sum of N2,162,248,931.01 received from the Federal Government on the said letter of credit finance by the bank, before the account was abandoned by the company. Consequently, the bank claims against the Defendants are as follows: N10,062,643,928.72 and $5,247,693.82 with accrued interest, and N20million as the cost of instituting this action. However, the Defendants in their application filed and argued before the court by their counsel, Mr. Gboyega Oyewole, SAN urged the court to dismiss the suit on the ground
that, they have a subsisting legal action against the bank on the same subject-matter before the Lagos State High Court; therefore, the present suit amounts to an abuse of court process. In a counter argument and submission canvassed by Chief Aribisala, the bank contended that, the suit does not constitute an abuse of court process to the one at the Lagos High Court filed by the Defendants as parties, because reliefs and issues are not the same. The cause of action, is equally not
the same. According to the bank, while the suit filed at the Lagos State High Court is predicated on acts of gross negligence allegedly committed by the bank, the suit filed by the bank before the Federal High Court, is a debt recovery suit; therefore, the institution of the suit at the Lagos State High Court by the Defendants, does not preclude the bank from bringing this action before this court. Therefore, in the interest of justice, urged the court to dismiss the Defendants' application, with heavy cost.
President of the Court of Appeal, Hon. Justice Zainab Bulkachuwa
or her significant other has some immediate or remote interest, but, at this time, there will be conflicting perceptions, even of reasonable people, given the prevailing context, of whether justice will impartially be done in such a case. And justice, as Nigerian courts have said over and over again, is based on the perception of reasonable people, more than (even) the purity of a Judge’s conscience. “Access to Justice urges the President of the Court of Appeal, to re-consider her membership of the Tribunal hearing the election petition against the declared winner of the 2019 election, not because she will not be a fair-minded and impartial Justice, but because the perceptions of reasonable members of the public matter the more”, Access to Justice stated.
Legal Personality of the Week Daniel Bulusson
‘Discover Your Passion and Develop it’ Please, give a brief introduction of yourself I am Daniel Bulusson. called to Bar February 14, 2012. I am a weekly law columnist with Dailytrust Newspaper. I am the founding partner and Editor in Chief of Young Wig Publishers, a legal publishing and reporting firm, dedicated to enriching the practice of legal professionals across the country. I am a blogger, and Founding Partner of Cradle of Law. Have you had any challenges in your career as a Lawyer, and if so, what were the main challenges? Of course, I have had, and still have challenges as a legal professional. The two major challenges in my career thus far have been, finding a law firm that specialises in the area of law that excites my passion, and the rigours of setting up my own partnership. The legal profession is filled with many one man law firms, that focus their practice and resources primarily on litigation. As a young Lawyer, passionate about media and journalism in the legal profession, it was difficult finding a law firm that had a section or department on media law or legal journalism. Every law firm I was employed in, always impressed upon my practice, the litigation aspect of the law, without helping or contributing to the development of my career and passion, as a legal journalist. The last law firm I worked for, my principal partner (a Senior Advocate of Nigeria), expressly forbade me from using the office papers to write my articles, or use his office to meet with my editorial team to discuss any issues regarding the publication of our magazine. I was only allowed to use my one hour lunch break to conduct meetings with my editorial team, schedule and conduct interviews with personalities, arrange and edit contents for the magazine. I had to resign from the law firm, to successfully publish an edition of the Young Wig Magazine. As a fan of partnership and a strong believer in institutionalised law firms, I had made up my mind not to establish my law firm in the usual one man law firm; I prefer to work with someone and build a partnership together, than
who all the partners contributed equally to pay, while every partner was to earn from his briefs; that way, nobody would feel overworked or shortchanged by the other. We fixed our sign post ‘Cradle of Law’ in front of the office, and operated smoothly from October 2018 – March 2019, printed notice of situation to the effect, distributed to colleagues and court staff for easy reference accessibility. Then sometime in March, the senior Lawyer said he wanted to reduce the size of the sign post, with no mention of a change of name or arrangement, only for me to come back from court and find that the new sign post carried his personal name, and not the name of the partnership. My whole body froze on seeing it. I just turned back, and headed home with tears in my eyes, confused and frustrated at the legal profession. Daniel Bulusson
work alone with Lawyers as employees and nothing more. However, getting Lawyers of like minds to come together and work as a single unit, has been another challenge. Many young legal professionals, are scared of leaving the security of their employment, and even when they do, most prefer to establish on their own, considering the peculiarity of the country we live in. What was your worst day as a Lawyer? My worst day as a Lawyer, was the day I returned from court to find our partnership’s name on the signpost, had been replaced with an individual partner’s name on the sign post, without prior notice of any sort. A senior Lawyer with a furnished and equipped office in front of his house, who needed a Lawyer to manage the place, approached me to work for him as a junior in the office, I informed him of a partnership that I was currently in, and offered that we all work together as partners in the same firm, which we agreed. The only staff entitled to a monthly salary, was the Secretary,
What was your most memorable experience as a Lawyer? The day my editorial team and I published the first edition of The Young Wig magazine, and distributed to young Lawyers at the Annual General Conference in Port Harcourt, is one day I can never forget. The climax of the day, was when the then President of the NBA, Augustine Alegeh, SAN presented the Young Wig Magazine before the Annual General Conference National Executive Committee on August 23rd , 2017 in Port Harcourt, and approved same for distribution. The joy of finally seeing my dream become a reality, and appreciated by all who got a copy, was beyond words. Who has been most influential in your life? God, my family, and in the legal profession, late O.O. Olowokure, Esq. O.O Olowokure (God rest his soul) was a Lawyer who gave life to the adage ‘Gentleman of the Bar’; he was always calm, analytical, firm and respectful in presenting his opinions, both in court and meetings, and he had a good taste for fashion. From the first day I met Oga O.O. Olowokure, Esq, and asked if he would be my mentor, he accepted, laid
down the rules of the relationship, and was influential in almost every decision I took as a media personality and legal journalist, until God called him home. Why did you become a Lawyer? To be honest, I accidentally stumbled upon the legal profession as a career. My father, a retired Captain in the Nigerian Army, wanted me to enlist in the Army, but having grown in the barracks and schooled in Command Secondary School, Jos, I felt the military was not for me, so my parents asked me to look for an alternative career. Luckily for me, I went to a friend’s house to complain about my predicament, and his sister told me Ahmadu Bello University had started offering Diploma in Law again, that’s how I applied, got the admission, graduated as the best student in my class, got admitted into Direct entry, and here I am. What would be your advice to anyone wanting a career in law? The legal profession is an ocean of opportunity, but many Lawyers have crowded the shore, competing for the norm. Anyone aspiring to become a Lawyer, must understand that the profession is not a bed of roses, it can give you the luxury you desire, but not at the time you wish. Do not come into the profession and be in a hurry to join the bandwagon of stereotyped practice of law, discover your passion in the profession, and work to develop it. You can’t do it on your own, so look for a Mentor or Partner to hold hands. If you had not become a Lawyer, what other career would you have chosen? A Military Officer, or a Journalist. Where do you see yourself in ten years? I see myself as an authority on Media and Journalism, in the legal profession, recognised and consulted for matters related to media, journalism and legal practice.
21.05.2019
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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: Taming the Unruly Bull in a China Shop (Part 6) Introduction What is a Parliamentary System of Government? (Continues) ast week, we noted, in continuation of our x-ray of this topical issue, that political parties in the Nigerian Parliamentary experiment were ethnic based, with alliances predicated upon which ethnic group was ready to work or align with another ethnic group. Worst still, each of the three major ethnic groups at independence, viz, the Yoruba, found in the western part of the country; the Igbo which occupied the Eastern flank and the Hausa, which occupied the Northern region of the country, all had one derogatory name or the other, for each other. It was therefore, not strange for top politicians of that era to openly insult politicians from other divides, even on television. The Nigerian parliamentary system of government, for as long as it lasted up till 1965, was never in any way a semblance of the Westminster type bequeathed to the young nation by her colonial masters. Parliamentarism in Nigeria, was replete with stories of ethnic bickering, tribal turbulence and warfare, until it abruptly terminated ion 15th January, 1966. Advocates of the parliamentary system claim it is more efficient than the presidential alternative, because it is not encumbered by unnecessary checks and balances among power-sharing departments, which usually slow down the operations of government, and sometimes create paralysing gridlocks. Further, in the parliamentary system, a government that has lost favour with the people, can be voted out of office immediately, without more. Advocates claim that, by responding more readily to the will of the people, the parliamentary system is more democratic than the presidential alternative. However, both parliamentary and presidential systems can be genuine democracies, so long as they conform to the essential characteristics by which a democracy is distinguished from a non-democracy, including constitutionalism, representation based on democratic elections, and guaranteed rights to liberty for all citizens. Having exhaustively discussed the origin and meaning of parliamentary system of government, it is apt to also consider the meaning of a presidential system of government, before we delve into highlighting the differences between the two forms of government. It is not that, we had not done this earlier. We are here recapping and refreshing our memories with newer insights to enable us compare and contrast both systems anon.
L
What is a Presidential System of Government? According to Wikipedia, a presidential system is a democratic and republican system of government, where a head of government leads an executive branch that is separate from the legislative branch. This head of government is, in most cases, also the Head of State, who is called President. In presidential countries, the executive is elected and is not responsible to the legislature, which cannot in normal circumstances remove him. Such removal is possible, however, in uncommon cases, often through impeachment. (See Section 143 of the 1999 Constitution; Article 11, Section 4 of the American Constitution). The presidential system, is a form of government in which the President is the Chief Executive and is elected directly by the people. In this system, all three branches - Executive, Legislative, and Judiciary - are constitutionally independent of each other, and no branch can dismiss or dissolve any other. The President is responsible for enforcing laws, the legislature for enacting them; and the courts for interpreting the laws. Each is given specific powers, to check and balance the others.
“THE NIGERIAN PARLIAMENTARY SYSTEM OF GOVERNMENT, FOR AS LONG AS IT LASTED UP TILL 1965, WAS NEVER IN ANY WAY, A SEMBLANCE OF THE WESTMINSTER TYPE BEQUEATHED TO THE YOUNG NATION BY HER COLONIAL MASTERS. PARLIAMENTARISM IN NIGERIA, WAS REPLETE WITH STORIES OF ETHNIC BICKERING, TRIBAL TURBULENCE....”
President Muhammadu Buhari
This system was invented by America’s founders, to provide an alternative to the parliamentary form of government. It became known as ‘Presidential’ because a directly elected President, was its most salient difference. This does not mean that the President holds supremacy like the Prime Minister or Parliament. In fact, power in the presidential system is divided among many. So, no individual or institution, can ever become supreme. A presidential system contrasts with a parliamentary system, where the Head of government, is himself, elected to power through the legislature. There is also a hybrid system called ‘semi-presidentialism’. For several years, an equation that has continued to attract attention and immense debate in Nigeria, is the propriety for the continued operation of the presidential system of government. While some retain the view that there is nothing wrong with the system, others have taken the view that the adoption of the system, is at the heart of everything wrong with the country today – expensive, dictatorial, autocratic, non answerable, near absolute, etc. Countries that feature a presidential or semi-presidential system of government, are not the exclusive users of the title of President. Heads of State of parliamentary Republics, largely ceremonial in most cases, are called Presidents. Dictators or leaders of one-party States, popularly elected or not, are also often called Presidents. Former Military Head of State, General Ibrahim Badamosa Babangida, styled himself President. Presidentialism is the dominant form of government in the continental Americas, with 19 of its 23 sovereign States, being presidential Republics. It is also prevalent in Central and Southern West Africa (with Nigeria as one of them), and in Central Asia. Differences between Presidential and Parliamentary Systems of Government In discussing the differences between presidential and parliamentary systems of government, we shall consider them based on different sub headings: 1. The Process of Electing and/or Selecting Heads of Government A fundamental difference between parliamentary and presidential systems of government, lies in the process by which Heads of government are elected/ appointed, and the nature of cabinet selection. Among the most important variables, are the methods of selecting and removing the Head of government. In general, in a presidential system, the Head of government-the president-is popularly elected, either directly by the people, or by means of an Electoral College system, such as in the United States. By contrast, the Head of government in a parliamentary systemoften called the Prime Minister or Premier -is selected by the Legislature. This process of selection can involve actual election
by members of parliament, or selection by the majority party, or a coalition of parties, followed by appointment by a Head of State. The crucial point is that, the Head of government in a parliamentary system, is chosen by members of the national legislature. For this reason, in a parliamentary system, there is no true separation of powers between the legislature and the executive, at least in the sense in which there is, in a presidential system. In the latter, the President has his or her own electoral base; and thus, the President is separate from the legislature. In addition, in a presidential system, the Head of government is elected for a fixed term of office. For example, in the United States, the President’s term of office, is for four years. Ditto Nigeria. In normal circumstances, the President cannot be removed during the term of office, except by a specially prescribed, politically exceptional process of impeachment. Under the United States Constitution, impeachment can occur only when the House of Representatives votes to impeach a President for "high crimes and misdemeanours", and the Senate then votes to convict the President of such dereliction. It has been established that, the impeachment of a President cannot occur, simply as a result of political disagreement between the branches of government. By contrast, in a parliamentary system, the Head of government and the Ministers of State depend for their continuation in office, solely on the confidence they enjoy with the legislature. The executive officials can be removed from office, as a result of a no-confidence vote by the legislature, and such a vote can be premised on mere political disagreement with the government. Furthermore, a Prime Minister depends either on the support of his or her party if it has a majority in the legislature, or on the support of a coalition of parties, if it has been necessary to develop a coalition to form a government. These different methods of selecting and removing the Head of government, have been widely seen to support certain basic distinctions between the two systems of government. In particular, the parliamentary system involves a certain fusion, between the legislative and executive branches of government. Also, the “supremacy of parliament” is often viewed as characteristic of the parliamentary system. After all, if the parliament can select and remove the Head of government, it would seem to follow as a logical matter, that parliament is supreme. In a parliamentary government, executive selection is a result of appointment by the Head of State, and the individual appointed is typically selected from the largest party within the parliament, to ensure that the fundamental goals of parliament are upheld. The citizens vote in members of the parliament, who in turn cast votes for the Prime Minister, who is thus, an indirect beneficiary of universal franchise. However, in Presidential systems, the executive is elected by the people for a specific term (for example, four years in Nigeria). 2. Separation of Powers A ubiquitous difference among the two systems (presidential and parliamentary), include the extent to which the powers of government are separated functionally between branches, and in the powers, one branch does or does not have over another. These include the extent, to which the executive can control the legislative branch, or the extent to which the legislature can control the executive (oversight), and the extent to which the legislative branch controls the capacity to legislate. One important area of control and competition, is the capacity to introduce and approve legislation, and these vary considerably among the three systems. (See section 188 and 189 of the 1999 Constitution). In a presidential system, political and administrative powers are divided between the executive, legislative and judicial branches. For instance, in Nigeria, Sections 4, 5 and 6 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) distributes governmental powers into three branches. Section 4 makes provision for the legislative arm, Section 5 establishes the executive, while Section 6 establishes the third arm of government- the Judiciary. This is in accord with the 1748 doctrine of separation of powers propagated by the French philosopher, Baron de Montesquieu. Officials in these branches serve different terms of office, and different constituencies. In a parliamentary system, Parliament is sovereign and executive authority (exercised by the Prime Minister and Cabinet), is derived from the legislature. (To be continued). THOUGHT FOR THE WEEK "We need to reform the political system, or we'll lose the democracy. I don't think it's that hard. It doesn't take rocket science. We've done it before successfully at the presidential level, and tried it several places at the State level". (Molly Ivins).
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Oluseun Abimbola Photos: Kolawole Alli
Oyo Remains a Pacestter State in Many Respects’ Oyo prides itself as being the Pacesetter State, and for good reason too. Its young Attorney-General and Commissioner for Justice, Mr Oluseun Abimbola, in a recent chat, told Onikepo Braithwaite how he managed to get 137 Bills passed into law during his three year tenure, bring the Ministry of Justice into the internet age, and facilitate the amendment of the over 70-year old High Court of Oyo State Law, amongst his numerous achievements. He also discussed the issue of building collapse, and cleared the air, on the sad but necessary partial demolition of the building that houses the Yinka Ayefele Radio Station, which created quite an uproar
T
he demolition of the Yinka Ayefele radio station in the face of a pending suit and injunction, was a sore point in the Ajimobi administration in Oyo State. How did you advice the Governor, in your role as Attorney-General and Commissioner for Justice on this matter, that saw a struggling physically challenged musician lose part of his investments and means of livelihood? What is the position of this case now? First of all, don't believe all you read on social media. Second, the step taken by government, was in furtherance
of extant statutory provisions in our Planning laws, which were not a subject of challenge in any suit. Again, that a case was filed, is not all that the law requires, but the originating processes must have been duly served on the proper parties. In this case, not only was service defective, but the purported institution sued was non-existent in law, by the Claimant’s own showing. That is just by way of background, to set the facts straight. However, good reason prevailed, with the Claimant himself approaching government for an amicable resolution, and the breaches, I believe, have been remedied with government support to Mr Ayefele. Although, the building deserved to be fully pulled down for the various contraventions, the
Governor out of magnanimity and largeness of heart, conceded to the appeal of the Claimant to seek possible remedial solutions, rather than full enforcement. The State Planning Bureau in its review, approved remedial works on the building, and demanded a fresh building plan be submitted for approval, directed the removal of the contravening portions leading to the building and car park area being reduced in size, the old entrance shifted away from the highway, and other remedial works effected. I think we do our nation great disservice, when we allude to sentimental reasons, to justify wrong doing. No one is above the law, not even a popular business man/ musician, whom I believe, is a responsible gentleman,
21.05.2019 THE 'KOSELERI' MANTRA, IS NOT MERE SLOGANEERING, BUT A VALIDATION OF OYO STATE RETURNING TO ITS PACESETTER STATUS OF OLD, BEING A STATE OF 'FIRSTS' “
but, perhaps, became a victim of wrong advisers and professionals, who carried out this construction work for him. In the end, that became clear to him, and the Governor supported him in the redevelopment of the building. I believe, all is well that ends well. Not a few have said that, you are serving a Governor who doesn’t really care about the rule of law. What has been your experience serving Governor Ajimobi, who some perceive as being highhanded? It is on record that, the Governor had on several occasions, been issued Bench Warrants for contempt. Again, I warn you not to believe all the noise in some section of the media. Let me say unequivocally that, no warrant, summon, nor contempt charge, has ever been issued from any court against the Governor. A recent news item on that point, was sponsored by a contractor whose contract was validly terminated, but I won't say more as the case is sub judice. Any rhetoric on this, is false and mere political mischief. The loud few who allege the Governor is high handed, are perhaps, those who were not or have not been able to distinguish between politics and governance, or mediocrity and performance driven leadership. Yes, the Governor may not 'suffer fools gladly', but I see that as a plus, to challenge public officers to give their best to their nation, their people and their State. Party loyalty does not excuse mediocre performance, and the Governor is always quick to point that out, to those whose performance is below par. You should not be surprised in our political environment, when someone is termed high-handed, it is usually either he is a workaholic and demands higher standards of performance, or has blocked loopholes others use to drain public funds. This Governor has given 101% of himself, to the service of Oyo State. The 'Koseleri' mantra is not mere sloganeering, but a validation of Oyo State returning to its pacesetter status of old, being a State of 'firsts'. Does it not interest you that, of all the bad press, all we read is an attempt to malign personality, but never a challenge on his performance as Governor, nor on competence, nor on delivery? Tell me, would you prefer an incompetent, but indulgent fellow as a leader, or a courageous go-getter, though less indulgent of failure? Most would prefer the latter. For me, it has been a privilege to serve on this cabinet, serve the people of Oyo State, and contribute my quota to the improvement of our State, working with Governor Ajimobi. One of the biggest challenges in criminal justice administration in Nigeria, is the vexed issue of the DPP’s advice being awaited. The Police has used this excuse, to keep suspects in detention for longer than necessary. As A-G, what is the average time it takes your DPP to review a case, and give his advice? When I was appointed in June 2016, Oyo State was still operating under the old Criminal Procedure Law regime with its attendant frustrations. Legal Advice was taking weeks, and sometimes, months to issue, largely due to our being short staffed. My mandate from the Governor, was to turn around the Justice sector. My approach was to try and understand the frustrations, review the processes, build necessary structure, and innovate with solutions. I recall my first review meeting with the Public Prosecutions Department, and asking how long it took to issue legal advice. I was told, about three months. When I told my colleagues my intention was to cut it to two weeks, many alarmingly claimed
COVER/9 it was impracticable, but when we rolled up our sleeves to review the processes of issuance and tinkered with it, it was obvious we could immediately cut that 12 weeks period by half, to not more than six weeks, which we commenced immediately. Next was to pass the Administration of Criminal Justice Law in 2016, and the Community Service Law 2016, and with the further reviewed processes, we further reduced the period to four weeks, and in fact, legislated it in the ACJL, to ensure our officers put the obligation on ourselves to keep to it. Happily, we were given approval to recruit some new legal officers, which process commenced in 2017, but was recently completed. That has made more hands available, to deal with the various new files regularly sent in by the Police. I am glad to say that, my original intention to cut the time to two weeks, is now becoming a reality, which I trust my successor will do all he/she can to sustain. Holding Charge is another issue where there has been a no love-lost relationship between the State and defence Lawyers. A few States are deliberately and gradually moving away from it. Does Holding charge still apply in Oyo State? With the new ACJL, a lot has changed, and even where the Police frame a holding charge, it is open to challenge by defence Lawyers. For us in the Chambers of the Attorney-General, we do not, and have never filed a holding charge under my watch. Once a case is found to be made out, the legal advice process I initiated, is such that, as the Advice is being rendered, so also is the charge being simultaneously drafted (since it is the same exploratory and review process that produces both), and both are filed at the same time. So, we do not need a holding charge. How many Bills was your office able to draft and get passed into law? When we speak about the peace and security guarantee, the administration of Senator Ajimobi brought to the State as Governor, its benefits go beyond the safety of the populace, but also has massively improved the investment environment, the economy of residents, and has attracted unprecedented levels of Foreign Direct Investment. These developments have necessitated initiating and reviewing several
Bills to strengthen our institutions, cure societal mischief, while facilitating new business opportunities. In my tenure as Attorney- General from 2016, about 137 Bills have been passed into law, but, if we consider from 2011 when Governor Ajimobi took office, we should be looking at close to about 200 new laws in our statute books. Today, a sustained peaceful environment in the last 8 years, the transformation of our landscape with state of the art public infrastructure of international standard, and a well thought out judicial reform programme, have all combined to reposition Oyo State as a desirable destination of note for local investors, as well as Foreign Direct Investment in Nigeria. According to the 2018 assessment report of the Nigerian Investment Promotion Council (NIPC), Oyo State has now achieved a four star rating, as an investment friendly State. This fact was conveyed in writing by NIPC, to the office of the Governor in 2018. Oyo State is also now ranked the 4th most peaceful state in Nigeria, in addition to being recognised by the National Bureau of Statistics in 2017, as being one of just five States in Nigeria in 2017, to attract FDI in the country consistently. These achievements underscore the effort of this administration to restore, transform and reposition our State, as the truly pace setting State in the country, and our new laws play a central role in achieving these. It is our hope that, the next administration will sustain and improve on these achievements. Which of the Bills passed, is closest to your heart? All the laws passed are desirable, and I
“FOR US IN THE CHAMBERS OF THE ATTORNEY-GENERAL, WE DO NOT, AND HAVE NEVER FILED A HOLDING CHARGE UNDER MY WATCH”
cannot say any one is closest to my heart. Perhaps, our justice reform laws being my primary constituency, might rank highest in importance to me, as they have changed the way we practice law in Oyo State. The ACJL, Community Service law, The Mediation Centre (Amendment) law, Multidoor Court law, Customary Law/Customary Court of Appeal Law etc, radically challenged our criminal and civil litigation landscape, to adopt a new paradigm. New skills are being learnt and developed by practitioners, and recently, the Chartered Institute of Arbitrators U.K has established a chapter in Ibadan, with the increasing ADR practice now being witnessed in Oyo State. We have played a huge role, in creating the operative environment for this. The one law that I am happy we were able to initiate and pass, is the amendment to the High Court law of Oyo State (a 70 year plus law). The amendment for the first time in any State in Nigeria, created a reciprocal regime of allowing State High courts transfer matters they lack jurisdiction over, to other courts within their territorial jurisdiction, thus, short circuiting the incidence of recurrent interlocutory appeals, that emanate from litigating about where to litigate. Today in Oyo State, there is now a drastic decrease in the interlocutory appeals, arising on account of jurisdiction. While Federal laws allow the Federal High Court and the National Industrial Court to transfer cases they lack jurisdiction over, to other courts, there is no reciprocal provision in the High Court laws of States to do the same. That is now over in Oyo State, and our Court of Appeal, Ibadan Division, will heave a sigh of relief from this initiative. It also assures improved access to justice, as actions that would otherwise have become statute barred if struck out on account of jurisdiction, are now saved since a transfer order is now available to State High courts. In all, I owe a debt of gratitude to the Oyo State House of Assembly, for their collaborative effort and support. I must specially identify the late Speaker Rt. Hon. Michael Adeyemo and the current Speaker Rt. Hon Olagunju Ojo, for the great cooperation enjoyed in this respect. The unprecedented crowning of a whooping 21 kings in one fell swoop, saw the Olubadan of Ibadan, take you and the Governor to court. Was this mere politics or a traditional chieftaincy tussle? Some say that this move by the Governor has no basis in tradition or otherwise, that it was simply a way for the Governor to settle scores with the Olubadan who he was having problems with (as has been alleged in Kano State). Has the matter been resolved, and how? First of all, the Governor never had, and does not have, any score to settle with the Olubadan or anyone, for that matter. He is not in line to be Olubadan, nor interested in anyone so becoming. Secondly, he has repeatedly extended great respect to Kabiyesi the Olubadan, who was in fact, appointed by the same Governor, so there was never any problem nor complaint of any issue, between the Governor and the Olubadan. The crowning of some kings in Ibadan by the Governor, was in response to an agelong agitation of at least three decades old by monarchs, for elevation. It was an exercise, actively promoted and supported by Ibadan Elders who are not in line to the stool of the Olubadan, so had no vested interest than to see our beloved city develop in all material respects and enhance the throne of the Kabiyesi, the Olubadan, just as other nobles in other climes have tried to do for their own monarchs. Unfortunately, many jumped into the fray ignorantly, without a background of the issues that created the agitations over the decades, nor knowledge of the customary law nor history. Others fuelled the controversy, for political capital. It was a former military Governor (General Jemibewon) that gave the Olubadan his own crown too in 1976, under the Chiefs law, so how can the Governor suddenly lack the power to elevate monarchs? Every Governor in Oyo State, has elevated monarchs and chiefs to beaded crown status, pursuant to the Chiefs law, and our Chiefs law already lists the Olubadan Council members as recognised Chiefs, along with Obas in the State, So 'equity was just conferring what ought to have been done, on what the law recognised CONTINUED ON PAGE 10
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OYO REMAINS A PACESTTER STATE IN MANY RESPECTS’ CONTINUED FROM PAGE 9
already'. Again, the main agitation for crowns and elevation, came not even from the Olubadan in-Council (now Obas in Council), but from the Baales of the surrounding towns under Ibadan (Ijaye, Lalupon, etc), some of which pre-date Ibadan itself, in existence, but were conquered territories of Ibadan. Historically, why Ibadan is the largest city in West Africa, is because of its warriors' extensive prowess and conquest of many surrounding towns, up to present day Osun State, Ogun State, Ekiti State, Ondo State, etc. It was State creation and modern government, that reduced territories into States and elevated capital city monarchs, sometimes above more ancient stools. Regrettably, these ancient Baales of these lesser towns, who everyone repeatedly acknowledge to be deserving of crowns, were not elevated for decades. Part of the challenge was that, they were members of traditional councils chaired by the Olubadan in-Council, who before now, were only High Chiefs. It is an anomaly in Yoruba land, to have a crowned king sit as a member of a Council, and a 'Chief' serves as his Chairman, except the Chairman is also a crowned monarch. Lesser domains across Yoruba land have kings, but our larger domain heads remained Chiefs, lacking recognition outside of Ibadanland, especially when accompanying the Olubadan. With all respect to all monarchs across Nigeria, and especially in Yoruba land, a single local government in Ibadan (e.g Iddo Local Government ) and the coverage of the jurisdiction of its traditional Council, is larger than four or more local governments put together, in other States. Indeed, two of the largest Councils in Ibadan, (Iddo and Ibadan North or Ibadan South West) are equivalent in size to the whole of Bayelsa State, and these Obas in
Council preside over such expanse in their traditional Councils, but were kept as Chiefs. The population of Ibadan alone across its 11 local governments, is about half of the entire State .The crowning of the Obas in Council, and elevation of the Olubadan to the status of His Imperial Majesty, in my view, brought even greater dignity to the stool of the Olubadan. Regrettably, politicians seized on the ignorance of men, to pollute the waters. Change is always challenged, but today, the structure for improvement of the traditional stool, has been enhanced legally, pursuant to the Chiefs law, and now that politics is over, I am sure the truth will begin to come out, even from those who hitherto, masked it as a lie. As to whether it is resolved, I believe it is being resolved. The appeal filed against the decision of the lower court that held the setting up of a commission of enquiry to elevate the Obas as invalid, is still pending for hearing, but the outcome is really to re- establish the law as to the powers of a State Governor to set up a Commission of Enquiry, not to determine the conferment of crowns or elevation of the Obas. Recently, the Respondent again, sought to set aside the elevation of the Obas, but the Court of Appeal held the issue of wearing of crowns and elevation does not arise before them, and dismissed the application as not being within their original jurisdiction. So, for now, this is the status of the Obas. It will be a legal handicap to all chieftaincy institutions in our State, not to allow the Court of Appeal decide that all important point of whether a Governor in Oyo State, can constitute a panel of enquiry to review a chieftaincy declaration and advice government, which point was the fulcrum of the judgement of the lower court, we have contested.
“....THE GOVERNOR NEVER HAD, AND DOES NOT HAVE, ANY SCORE TO SETTLE WITH THE OLUBADAN OR ANYONE, FOR THAT MATTER. HE IS NOT IN LINE TO BE OLUBADAN, NOR INTERESTED IN ANYONE SO BECOMING”
You should know that, almost all, if not all existing chieftaincy declarations across Nigeria, are products of a commission of enquiry set up by Governors, to receive evidence of the customs and history of the people, to advice the Governor on what declaration to make about any stool. This is what makes the case, more important than the current issue of 21 Obas and crowns. I cannot however, begin to argue the case here, so let us await the outcome of the appeal. I trust the incoming administration can see this is beyond politics, but law, order, constitutionality, and the development of our traditional institutions. I also believe our respected leaders, institutions, and respective parties will close ranks on this matter, now that politics is no longer the issue, but the elevation of Ibadanland. On your comparison with Kano, I cant speak on Kano, as I am not substantially familiar with the customs and history of the stool to conclude on your assumption, but clearly, the facts in Oyo differ from Kano's. It was in the news that Oyo State now has a Multidoor court house. How did you bring this into existence? This was long in the making. A journey that started with myself and a few colleagues working with the NCMG and late Justice Kayode Eso in 2006, but which the government at the time, did not immediately see as priority. On my coming into office, it was for me, a signature institution to be established, and the Chief Judge, with whom I have enjoyed a great working relationship, was extremely cooperative. He had on his appointment as Chief Judge, earlier set up a steering committee of which I was a member, chaired by now retired Hon. Justice S.A. Akinteye (pioneer President of our Customary Court of Appeal), even before I became Attorney- General. I believe my appointment to office, synchronised with a vision that was ripe to be birthed. My opportunity merely collided with our preparation, and today, the institution is thriving to the glory of God. Its Governing Board is in place, with the best of minds. We have respected jurists, as Justice L. Arasi (Rtd), Akintola J, Adeeyo J, ADR experts including Adenipekun, SAN, Funmi Roberts, both chartered Arbitrators and internationally certified mediators, Mr Kehinde Aina who is regarded as the father of the Multidoor concept in Nigeria, my humble self, and the Director of the Centre. Passion is huge, and with continuing support of government and
the Judiciary, the Multidoor courthouse, will grow and constantly improve. The legal profession is fast going digital, and justice administration cannot be left out. To what extent did you try to bring your Ministry into the digital age? My practice and personal communication is heavily dependent on the internet and data, but coming into the Ministry of Justice, I found myself in an internet blind environment, as those structures did not exist. While in my first week, I quickly got wireless internet service into my own office, it did not help others who still lacked access, but soon after, we wired the entire Oyo State Ministry of Justice with full broadband internet service. All our buildings including the outbuildings, are fully internet wired. Presently, we are also working with one of our development partners, to develop a digital platform for case tracking and creating a criminal record of cases in court, to be administered by the Ministry of Justice, in collaboration with the stakeholders on the ACJL Monitoring team which was recently inaugurated, to capture and regularly update criminal records of offenders, track status of criminal cases, monitor entry levels of accused persons into the prosecutorial track, to assure faster outcomes, and with a possibility of scaling it up to cover civil cases.Technology is indeed important for today's Lawyer, otherwise he remains behind in everything. How were you able to make justice more accessible to the less privileged in your State? How did the Office of the Public Defender fare during your tenure? One of the challenges to the Public Defender Unit of Ministries of Justice, was the recent judgement that considered the Unit an appendage of the Attorney- General's Chambers, hence, an arm of the Prosecutor, making the Attorney-General's Chambers, the Prosecutor and defence. We were on the verge of creating our Public Defender Unit, when this judgement was handed down; hence, we decided to await the final decision of the Supreme Court on the issue, before proceeding with the powers for the Unit to take up criminal defence cases for the indigent. The Public Defender law, is awaiting CONTINUED ON PAGE 11
21.05.2019
COVER/11
OYO REMAINS A PACESTTER STATE IN MANY RESPECTS’ CONTINUED FROM PAGE 10 passage. In the interim, we have collaborations with the NBA Ibadan Branch, the Legal Aid Council, to provide free legal services, while our mediation centres offer alternative dispute resolution platforms to all, especially the indigent, who may not be able to afford litigation or legal costs. I have also initiated the establishment of a Sexual Offences Response Team, in the Ministry of Justice. It has membership from the Justice, Women Affairs and Child Welfare Departments, Ministry of Health, Police, Civil Society etc, and will hopefully be inaugurated before the end of this administration. We have started training for them, in collaboration with the Office of the Vice President, and it is our vision that it grows into a full fledged Unit with clinical, counselling, investigative and legal services under one roof, for a quicker response to sexual offences. It is meant to be a one stop shop for handling such matters, but without prejudice to existing complaint structures for such criminality generally. A register of sexual offenders is also to be kept by the team, as convictions and complaints get registered. Ibadan also seems to have had its fair share of building collapse this year, with a three storey building in the Sogoye area of Molete collapsing in March, and another two storey building under construction in Jericho, also collapsing injuring several people. Kindly, shed some light on the state of the building laws in Oyo State, and how developers have been able to get away with erecting such unsafe structures, in such recent times. What steps have you put in place, to prevent the reoccurrence of this type of mishap? When the incidence of collapsing buildings was becoming rampant in Lagos, the Governor took a pre-emptive action, by directing a review of the operations and structure of the State Planning Unit, centralising some roles, while other roles remained with the local government planning units. This led to the restructuring of the former Ministry of Urban, and Physical Planning into a stand alone, more nimble Unit, now called the Bureau of Physical Planning and Development Control, and a round peg professional in a round hole, was appointed as Director General. We reviewed the old laws and fused some responsibilities, to make planning officers have more decisive powers, and provide more checks for the planning approval process. The Bureau also set up a Task force on Urban development, to inspect, monitor and regularise developments across the State. It is regrettable that, some developers even after obtaining planning approvals, yet go on to construct at variance
with the said approvals, or with inferior materials, while some do not even obtain approvals at all, before construction, thus, endangering lives within the building and in the environment. You earlier spoke of the partial demolition of the Music House, as if government was wrong to apply the extant planning laws. These are the sentiments men use to defeat the law, and endanger more lives. Many unscrupulous developers seek to save cost on materials, and do not comply with regulations, leading to contraventions; but, in the end, become penny wise pound foolish, compared to what they lose. It is shocking that, many you would expect to stand on the side of law and order, build without approvals obtained at all. While Oyo State has not had such high levels of building collapse, government has acted proactively to review the Planning Unit, to ensure a better compliance regime is achieved. What is the status of the prisons in Oyo State? Are they congested like most other prisons in other States? If so, what steps did you take to decongest them? Indeed, prisons across Nigeria, are all congested. Don't forget our prisons are Federal, and so, not under the control of the State, to determine who is detained there. Many convicts in Agodi prison in Ibadan, are not necessarily convicts from the Oyo State courts, but it houses convicts across other States and Federal courts. The result is that, the rate of inflow there, is higher than release, since Lagos, Ogun, Oyo, courts (Federal and State) have inmates there, just as it is with other Federal prison facilities. We started a prison decongestion initiative, which is multi-tiered. We first passed the Community Service law in 2016, to provide non-custodial sentencing options, to reduce the rate of inflow. Secondly, we passed ACJL and commenced training of stakeholders, to be alive to our various roles under the law. The Magistrates, now pursuant to the ACJL, make periodic visits to police stations to hold review hearings and grant bail, to reduce the hoarding of suspects of all kinds into prison, when the cases are ordinarily bailable. The Chief Judge has intensified his periodic visits to the prisons also, for the same purpose. Our other initiatives include, periodic review of awaiting trial cases, to advice our decision making on timely prosecution. We started a programme under this administration, that supports the cost and logistics to court for police witnesses. This was to ensure regular attendance of IPOs, who are posted out of jurisdiction. Of course, there was some abuse by the Police, but we have reviewed and relaunched the programme, to assure speedy trials. Ultimately, only reduced
“IF THERE IS A LEGACY, I THINK IT IS MORE IN THE FACT THAT, THERE IS HARDLY ANY PART OF THE JUSTICE SECTOR WE DID NOT POSITIVELY TOUCH OR INITIATE REFORMS, AND OF COURSE, THE INSTITUTIONS WE BUILT ARE THERE. MORE IMPORTANTLY, OUR PEOPLE, OUR LEGAL OFFICERS, HAVE A RENEWED IMPETUS FOR INNOVATIVE WORK” criminality and a more proactive and speedy trial process, can ensure we retard the rate of entry into prison, and fast track possible exit for awaiting trial suspects.This was also responsible for the action we took, to fast track issuance of legal advice.We also commenced a mass prosecution regime for awaiting trial suspects, and all these are operating simultaneously, which initiatives I believe, if sustained, will drastically bring down the congestion, especially the awaiting trial versus convict ratio. Is the death penalty still being carried out in Oyo State? .It has not been carried out for a while to the best of my knowledge, going on 20 years + now. What were the high points of your tenure as A-G of Oyo State? What innovations did you introduce into the Oyo State legal system? What legacies will you be leaving behind? I think, in all, with the various areas we have discussed, you would have seen remarkable changes, innovation, restructuring and establishment of institutions, to make our wholesale justice reform project a success. Just few days ago, the Governor commissioned two new Zonal Mediation centres in Oyo and Ogbomosho, to bring ADR closer to the grassroots and strengthen communal harmony. We are not done, as there are other grounds to cover,
but then there is only that much an Attorney-General can do in one term. I only spent 3 years in office, and without being immodest, I would say the huge level of legislations we passed to cure mischief in society, our creation of new operational institutions, policies formulated to improve access to justice, efforts to transform processes and the efforts of this administration in facilitating an improved condition of service for our Judges, have been unprecedented. I can only thank God, and His excellency, the Governor, for giving me the privilege to serve our people in Oyo State, and for supporting our initiatives. Across States, the Justice Ministry is regarded as a cost centre, even in companies and corporations, legal departments are seen as cost centres. However, we have changed that perception in Oyo State Ministry of Justice, with innovative interventions which have improved revenue. In one unit of our operations, oath administration, we quadrupled revenues, and have continued to soar this yearly. By 2017/2018 fiscal year, we doubled our total Ministry revenue targets, even in the recession. We also by innovative methods and research, unveiled several revenue sources for other Ministries and Departments, and even though they claim credit for the revenue streams, we are happy to have supported such initiatives. If there is a legacy, I think it is more in the fact that, there is hardly any part of the justice sector we did not positively touch or initiate reforms, and of course, the institutions we built are there. More importantly, our people, our legal officers, have a renewed impetus for innovative work. We worked as a team, and I have enjoyed their cooperation. I always counsel our officers, that we were first Lawyers before we became civil servants, so we can not think like civil servants first, but think like Lawyers first (find the solution, innovate, set precedents), before adopting the service bureaucracy that fits implementation (if at all). The evolving quality focus of our people, is for me, perhaps, the greatest legacy, and I urge them to keep it up. I thank God for the opportunity given me, and the Governor for appointing me against the run of play. It is indeed, a privilege to be considered among your eminently qualified peers, to serve your State or country. I have some regrets too, on areas I would have loved to also complete, but hey, you can’t do it all. Our ongoing review of laws of Oyo State, is one such area , but the work is continuing, and the new administration will look into that, among others.
12/
21.05.2019
INSIGHT ABUBAKAR D. SANI
xL4sure@yahoo.com
08034533892
Why the Kano Emirs Law is Invalid
T
ship of the Council “who, shall serve for a period of two (2) years, sequence of which (sic) is to be determined by the Governor”. The law is silent, on which of the Council members is eligible to be its Chairman. Is it restricted to only the five Emirs, or is it open to all its 21- odd members? This appears to be a lacuna or omission, because it is inconceivable that any of the “common” members of the Council, will preside over their five Royal Highnesses in any meetings of the Council.
Introduction
he controversy generated by the purported amendment to the Kano State Emirs (Appointment and Deposition) Law 1984, appears to have focused more on its motives, than its substance. Before proceeding further, however, a word of caution: the alleged non- compliance of the amendment with the rules of the State House of Assembly, is presently the subject of litigation at the Kano High Court. Accordingly, it would be inappropriate to comment on the merits or otherwise, of that suit. This intervention will, therefore, strictly be limited to other reasons which, in my view, make the validity of the law suspect. I intend to demonstrate this presently, starting with . . . The Principal Law This legislation was enacted as a military edict, in 1984. The 1999 Constitution recognises such laws only to the extent to which they are consistent with it (vide Section 315). Of all its12-odd Sections, Section 11(1)(a) of the law, is particularly problematic. It provides that: “Notwithstanding the provisions of any other law to the contrary, no court shall have jurisdiction to entertain any civil cause or matter instituted for the determination of any question relating to the selection, appointment, installation, deposition or abdication, of an Emir”. This ouster clause obviously flies in the face of Section 272(1) of the 1999 Constitution which provides, inter alia that, “the High Court of a State shall have jurisdiction to hear and determine any civil proceedings in which the existence or extent of a legal right, power, duty, liability, privilege, interest, obligation or claim is in issue”. To the extent that, the Emirs Law is a State law, the Kano State High Court, ordinarily, ought to have jurisdiction to entertain any civil action arising from or relating to anything done or purported to have been done, pursuant to it. Alas, the said ouster clause, precludes such an inquiry. Is it valid? That is the question. In LEMBOYE v OGUNSIJI (1990) 6 NWLR pt. 155 pg. 210 @ 225 the Court of Appeal struck down a similar provision in Section 47 of the Land Use Act which purported to oust the jurisdiction of the court to inquire into any question, concerning the amount or adequacy of compensation payable under the Act. See also Article VII of the African Charter on Human and Peoples Rights. There is no reason why the same fate, should not befall this provision of the Law under review. Beyond this, however, I believe that, the entire law suffers from a more profound and fundamental defect, in the sense that it violates the right of fair hearing under Section 36(2) of the 1999 Constitution. This clause provides, inter alia; “A law shall not be invalidated by reason only that it confers an any government or authority power to determine questions arising in the administration of a law that affects or may affect the civil rights and obligations of any person of such law – (a)provides for an opportunity for the person whose rights and obligations may be affected to make representations to
“TO MAKE MATTERS WORSE, HIS HIGHNESS MUST NOW ENDURE THE INDIGNITY OF SHARING THE CHAIRMANSHIP OF THE COUNCIL WITH PEOPLE WHO, HITHERTO, WERE HIS SUBJECTS”
Emir of Kano, Alhaji Sanusi Lamido Sanusi
the administering authority before that authority makes the decision affecting that person; and (b)contains no provision making the determination of the administering authority final and conclusive”. In BAKARE v L.S.C.S.C. (1992) 10 S.C.N.J. 173, the Supreme Court held that, both stipulations are in the alternative and are not cumulative. In relation to the law under review, I submit that, none of its clauses meets the requirements of this constitutional provision. I believe that, this is particularly the case with Sections 2, 3 and 4 of the Law, which were the subject of the amendment effected by the Kano State House of Assembly on the 8th day of May, 2019. We shall presently review them. The Amendment Section 2 is simply the definition clause, while Section 3 declares, inter alia, the area of authority of the Council of Chiefs, and confers it with legal personality. The most significant and controversial innovations are the provisions of Section 3(3) & (4) which establish five separate Emirates for the State, where, hitherto, there was only one. They are Kano, Bichi, Rano, Gaya and Karaye. The Schedule to the Law lists the Local Governments comprised in each Emirate as follows: (i) Kano:- Tarauni, Dala, Nassarawa, Fagge, Gwale, Kumbotso, Ungogo and Kano Municipal; (ii) Bichi Emirate:- Bagwai, Tsanyawa, Kunchi, Makoda, Bichi, Dambatta, Dawakin Tofa, Minjibir and Tofa; (iii) Rano Emirate:- Bunkure, Kibiya, Takai, Sumaila, Kura, Bebeji and Garun Mallam; (iv) Gaya Emirate:- Ajingi, Albasu, Wudil, Garko, Gaya, Warawa, Gezawa, Gabasawa and Dawakin Kudu; (v) Karaye Emirate:- Rogo, Gwarzo, Kabo, Karaye, Rimin Gado, Madobi, Kiru and Shanono. Section 4 of the amended law sets out the composition of the Council of Chiefs, which, apart from the Emirs themselves, includes the Chairmen of all the Local Governments in the State and 16 other members, some of whom are ex-officio. Another controversial innovation made in Section 4(2) of the Law, as amended, is the provision for a rotational Chairman-
Critique of the Law The amended law may legitimately be questioned, on a number of fronts. None of them is more valid, than the absence of any obligation on the part of the Government, to consult those directly affected by the Law. Foremost in this regard, is the erstwhile sole Emir, Muhammadu Sanusi II, whose hitherto exclusive dominion over the entire State (all 44 Local Governments thereof), has now been whittled down to just eight Local Governments. To make matters worse, His Highness must now endure the indignity of sharing the Chairmanship of the Council with people who, hitherto, were his subjects. However, this is not all about Emir Sanusi, as even the ordinary talakawa (or more dignifyingly, Kanawa) in the streets, were not consulted (there was no public hearing), prior to the creation of the new Emirates. Admittedly, this was the position under the principal law, and the amendment merely maintains the status quo. The absolute prerogative of the State Governor over the appointment of an Emir, is reiterated in Section 4(4) of the law, as amended, which maintains that “all selections by the Kingmakers in the respected (sic) Emirates are subject to” his approval. The same, presumably, applies to the deposition of an Emir: the Law denies his subjects a say in the process. I believe that, this violates the principle of natural justice. See ADIGUN v ATT-GEN. OF OYO STATE (1987) 1 NWLR pt. 53 pg. 678, where the Supreme Court held that where a person’s legal right and/or obligations are called in question, he should be accorded full opportunity of being heard before any adverse decision is taken in relation to those rights or obligations. See also FRN v ABIOLA (1995) SCNJ 283. The foregoing, is amplified by the ouster clause in Section 11(1)(a) of the Law. The effect of this provision is that, any decision of the Governor under the law is final, and cannot be challenged in a court of law. It is obvious that, this blatantly violates the right of fair hearing of both an affected Emir in any given case, and his subjects at large. As previously stated, this right is not merely a common law principle or based on natural justice; it is codified in Section 36(2) of the 1999 Constitution. In GLOBAL EXCELLENCE v DUKE (2007) 16 NWLR pt. 1059 pg. 22 at 48 the Supreme Court held that, access to court is a constitutional right which can only be taken away by a provision in the Constitution. Yet another flaw in the law, is the inclusion of Local Government Chairmen in the membership of both the Council of Chiefs at the State level and the Emirate Council in each of the five Emirates vide Sections 3(1), 4(1)(v)(d) and 4(5)(i)(b), respectively, of the Law as amended. In ATT-GEN. OF BENDEL STATE v ATT-GEN. OF THE FED. (1983) NSCC 181 @ 201, the Supreme Court held that, the National Assembly cannot unilaterally confer functions or impose duties on a State functionary. A fortiori, I submit that a State House of Assembly cannot unilaterally confer a function on a local government functionary, in this case, its Chairman. Conclusion The flaws in the Kano State Chiefs (Appointment and Deposition) Law, as amended, transcend the perceived animosity between Governor Abdullahi Ganduje and HRH Emir Sanusi, which supposedly motivated its recent amendment. I believe that, for the foregoing reasons, the law is fundamentally defective, and ought to be jettisoned and replaced with a new one which respects civil liberties, particularly the rights of fair hearing and access to the courts.
21.05.2019
THE LIGHTER SIDE/13
LEGAL HUMOUR
We Hold Your Brief TOBI SONIYI Dear Counsel, I will appreciate your advice, on this issue. My daughter who is a medical student in Ireland, almost missed her flight last week, when she was going back to school after her brief holiday with us in Lagos. We packed foodstuff for her like we always do, but this time in reasonable quantity, because we know she won’t be back until next year. They included yam flour, smoked fish, ground crayfish, oloyin beans and garri. Her luggage were searched at the airport, and she was not only prevented from taking the items, she was taken to the customs office, bodily searched and quizzed for over two hours. She almost missed her flight. She eventually left without the food items, and when I went to their office later, they refused to release the seized items to me till today. Is it an offence to travel with foodstuff? T.E., Lekki, Lagos.
Dear T.E., I think many Nigerians are ignorant, about restrictions on items prohibited for export out of the country. In this case however, I believe the quantity may have been the issue and ground that the customs relied on, in stopping your daughter from travelling with those food items. A small quantity for personal consumption, is often allowed. But, when the quantity is higher, it may be assumed to be of commercial quantity, and so, may not be allowed. However, the Export (Prohibition) Act at Section 1 itemises Beans, Cassava tuber, Maize, Rice, Yam tuber and all products or derivatives of items 1 to 5. For one to lawfully export such items, he/she has to go through the process of obtaining the relevant permits and approvals. In this case, your food items may be forfeited to the government under the law, and customs may auction them.
When asked, "What is a contingent fee?" a Lawyer answered, "A contingent fee to a Lawyer means, if I don't win your suit, I get nothing. If I do win it, you get nothing." ˞˞˞ A group of terrorists hijacked a plane full of Lawyers. They called down to ground control with their list of demands, and added that if their demands weren't met, they would release one Lawyer every hour. ˞˞˞ A small town that cannot support one Lawyer, can always support two. ˞˞˞ Arguing with a Lawyer is like mud wrestling with a pig: after a while, you realise that the pig actually enjoys it. ˞˞˞ Warning Signs that you Might Need a Dierent Lawyer He tells you that his last good case was a Budweiser. When the Prosecutors see who your Lawyer is, they high-ďŹ ve each other. He picks the jury by playing "duck-duckgooseâ€?. He tells you that he has never told a lie. A big sign in his oďŹƒce says: "Don't ask meâ€?. A prison guard is shaving your head. ˞˞˞ How Lawyers do it... Lawyers do it with appeal. Lawyers do it conďŹ dentially. Lawyers do it on a trial basis. Lawyers do it until justice prevails. Lawyers do it as long as you can pay them. Lawyers do it unless it is prohibited by law. ˞˞˞ You Might be a Lawyer if... Ëž ĂŁĂ™Ă&#x; Ă‹ĂœĂ? Ă?Ă’Ă‹ĂœĂ‘Ă“Ă˜Ă‘ Ă?Ù×Ă?Ă™Ă˜Ă? Ă?Ă™Ăœ ĂœĂ?Ă‹ĂŽĂ“Ă˜Ă‘ these jokes. Ëž ĂŁĂ™Ă&#x; ĂŒĂ?Ă–Ă“Ă?Ă Ă? ÞÒËÞ Ă‹ Ă?Ă™ĂœĂžĂŁ ĂĄĂ™ĂœĂŽĂ?Ěł Ă?Ă?Ă˜ĂžĂ?Ă˜Ă?Ă? Ă“Ă? a short one. Ëž ĂŁĂ™Ă&#x; Ă’Ă‹Ă Ă? Ă‹ ĂŽĂ‹Ă&#x;Ă‘Ă’ĂžĂ?Ăœ Ă˜Ă‹Ă—Ă?ĂŽ Ă&#x;Ă? Ă‹Ă˜ĂŽ Ă‹ Ă?Ă™Ă˜ named Bill. Ëž ĂŁĂ™Ă&#x; Ă?Ă‹Ă˜ ÖÙÙÕ Ă‹Ăž Ă‹ Ă?Ă™Ă˜ĂžĂœĂ‹Ă?Ăž Ă‹Ă˜ĂŽ Ă“Ă˜Ă?ĂžĂ‹Ă˜ĂžĂ–ĂŁ ĂžĂ?Ă–Ă– whether it's verbal or written. Ëž ĂŁĂ™Ă&#x;Ăœ ÙÞÒĂ?Ăœ Ă?Ă‹Ăœ Ă“Ă? Ă‹ Ë› Ëž ĂĄĂ’Ă?Ă˜ ĂŁĂ™Ă&#x; ÖÙÙÕ Ă“Ă˜ Ă‹ Ă—Ă“ĂœĂœĂ™ĂœËœ ĂŁĂ™Ă&#x; Ă?Ă?Ă? Ă‹ Ă‹ĂĄĂŁĂ?ĂœË› Ëž ĂĄĂ’Ă?Ă˜ ĂŁĂ™Ă&#x;Ăœ ĂĄĂ“Ă?Ă? Ă?Ă‹ĂŁĂ? Ě´ ÖÙà Ă? ĂŁĂ™Ă&#x;ËœĚ´ ĂŁĂ™Ă&#x; Ă?ĂœĂ™Ă?Ă?Ě‹ examine her.
MEDIA WORTH ASKS COURT TO DISMISS JC DECAUX’S PRELIMINARY OBJECTION TO N1BN SUIT CONTINUED FROM PAGE 5 the matter before Justice Saliu Seidu last Wednesday, JC Decaux’s counsel, Farida Alli, told the court that the act of LASAA by revoking the approval granted to Media Worth, ought to have been challenged within three months when the revocation was purportedly done. The counsel also argued that, the Public Officers Protection Law covers the action of LASAA. However, Media Worth through its counsel, Mr. Bolu Agbaje-Akadri, asked the court to summarily dismiss JC Decaux’s objection with substantial cost, on the ground that that JC Decaux, who is the 3rd Defendant in the suit and the beneficiary of the abuse of power perpetrated by the 2nd Defendant, LASAA, is not competent in law to present the objection. Agbaje-Akadri argued that, JC Decaux’s Notice of Preliminary Objection, amounts to crying more than the bereaved. According to Agbaje-Akadri, the law is trite that Public Officers (Protection) Act or Law is a protection afforded Public Officers engaged in the execution of public duties, who at all material times acted within the confines of their public duties. He argued that, where a public officer has acted outside the colour of his office, a person who has
been affected by the act of such public officer, is at liberty to institute the action even after the expiration of the limitation period. Agbaje-Akadri submitted that, the 2nd Defendant, LASAA, is not entitled to the protection of Public Officers Act or Law as the case may be, adding that by virtue of Federal Highway Act, Cap F13, F265, LFN, 2004, the Oworonsoki end of Third Mainland Bridge falls exclusively within the jurisdiction of the 1st Defendant (Federal Ministry of Works). He noted that, it is not in doubt, as evidenced by the 1st Defendant’s clear admission in Exhibit A, that the approval granted to the Plaintiff over Oworonshoki end of Third Mainland Bridge, subsists. “Also, it is apparent from the clear admission of the 3rd Defendant in Exhibit 1, that the award of Oworonshoki end of Third Mainland Bridge to the 3rd Defendant, was done exclusively by the 2nd Defendant without recourse to the 1st Defendant, and during the subsistence of the Plaintiff’s approval over the location. “Therefore, and in view of these obvious facts, can the 2nd Defendant be said to have been acting within scope of its statutory duty, when it decided to award to the 3rd Defendant, what it does not have the power, both
in law and in fact, to award? We have no hesitation, in answering the question in the negative. Our view is further forfeited by Supreme Court decision in the case of Hassan v Aliyu (2010) 17 NWLR (pt. 1223) at page 51, particularly at paragraphs B-D where the Supreme Court stated emphatically that: “Where a public officer acts outside the scope of his authority or without a semblance of legal justification, he cannot claim the protection of the provisions of the Public Officers Protection Act‌.â€?. “On this score alone My Lord, we urge the court to hold that, the 2nd Defendant cannot be said to have been acting within the colour of its power, when it threw caution to the wind and acted outside the scope of its power, by doing that which it has no power to do both in fact and in law. “Therefore, it is not entitled to the protection provided by Section 2(a) of the Public Officers Protection, Act which is pari materia with the provision of Public Officer Protection Law of Lagos State. And, we urge the court to dismiss the 3rd Defendant’s Notice of Preliminary Objection with substantial costâ€?, AgbajeAkadri submitted. Justice Seidu has however, fixed July 1, 2019, for ruling on the application.
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21.05.2019
Legality of Marijuana in Nigeria: A Legal Opinion In recent times, there have been calls from different quarters, on the need to legalise the use of Marijuana in Nigeria. This legal opinion by Dr Kayode Ajulo, examines what he considers to be the mischief behind the laws proscribing the production, possession, sale and use of Marijuana, and thereafter, considers the benefits of legalising Marijuana in Nigeria, at least for medical purposes, because of the different benefits that are derived from its use in the treatment and management of various medical conditions
C Introduction
lassified as an illicit drug in many countries, Marijuana is outlawed by many governments. In Nigeria, it is often referred to as ‘Indian hemp’, in the country, Cannabis Sativa, which has enjoyed use as fibre, seed and seed oils, medicinal purposes, and as a recreational drug, traces its origin to Central and South Asia. The drug also has many other aliases - igbo, dope, ganja, sensi, kuma, morocco, eja, kpoli, weed, trees, etc. Though usually smoked, the plant can be soaked in alcoholic drinks dubbed ‘monkey- tail’, and consumed mostly in the South-South parts of the country. Some people cook food with it, some boil it to drink as tea, while others just chew the plant and seeds. Physiologically, cannabis causes euphoria, relaxes the muscles and increases appetite. On the downside, the drug can impair motor skills, cause anxiety and paranoia, and decrease short-term memory. Deemed an illicit drug by the law, it has always been an offence in Nigeria to smoke Marijuana, and it has largely been frowned upon, by society. However, paradoxically, despite increased hounding of growers, sellers, and users, marijuana appears to be consumed in even greater quantities. The Agency saddled with the enforcement of drug laws in Nigeria, is the National Drug Law Enforcement Agency (NDLEA). The Agency has the job of curtailing the consumption of drugs, in Nigeria. The general powers of the Agency is contained in Section 3 of the NDLEA Act. Under the NDLEA Act, which came about by the promulgation of Decree Number 48 of 1989, the possession or smoking of cannabis, or even allowing one’s premises to be used for dealing in cannabis, can result in a prison sentence of 15 years to life. Its precursor, the Indian Hemp Act, was even harsher, carrying a maximum sentence of death. Marijuana in Nigeria Statistics show that, cultivation to transportation to sales, the marijuana industry connects different cities throughout Nigeria. At many outdoor markets and public motor garages, it is not strange to see marijuana smokers puffing away. The 2011 United Nations Office on Drugs and Crime (UNODC) World Drug Report stated that, cannabis use was prevalent among 14.3 per cent of 15 to 64 year olds in Nigeria. The same report in 2014 revealed that, Nigeria had made the highest number of cannabis seizures of any African country. Following this report, the NDLEA launched a programme dubbed ‘Operation Weed Eaters’, that aimed to rid the country of cannabis. While marijuana can be grown in all parts of the country, according to the NDLEA, the States that are notorious for cultivating the plant are Ondo, Ogun, Osun, Oyo, Ekiti, Edo and Delta. In September, the NDLEA destroyed cannabis farms in Ute and Ose local government areas in Ondo State and arrested 30 suspects, seizing 31 kilograms of dried weed suspected to be marijuana in the Suleja area. Between January and June 2014, NDLEA arrested 4,511 suspected drug traffickers and seized 47,423 kilograms of drugs. Of that number, cannabis
Medical Marijuana Farm Greenhouse
accounted for 45,875 kilograms. Though these seizure figures are high, large quantities of marijuana still find their way to the market, baffling the law enforcement system. Legalising Marijuana in Nigeria While it is important to note that, many countries including Nigeria, have enacted harsh laws against the cultivation, possession or sale of cannabis. In fact, dealing in or using marijuana in countries such as Singapore, China, Malaysia, United Arab Emirates, and Saudi Arabia, could land one from four years in jail to public beheadings. But, in recent years, some nations have adopted a different strategy of decriminalising marijuana usage, as a way of combatting it. These societies have also often reduced the penalties for possession of small quantities of cannabis, so that it is punished by confiscation or a fine, rather than by imprisonment. The idea has been, to focus more resources on those who traffic the drug. Uruguay made history by becoming the first country to legalise cultivation, trade and usage of marijuana in December 2013. In countries as varied as the Netherlands, Germany, Mexico, Peru, and Canada, the emphasis has shifted towards the decriminalisation of marijuana. Jamaica, a country where marijuana smoking has long been popular, is set to decriminalise it too. In 2018, Thailand’s military government unanimously approved medical marijuana use, which would make it the first country to legalise cannabis use in any form, in Southeast Asia. There are several laws in Nigeria which prohibit cultivating, possessing and using Marijuana. Section of 11 of the NDLEA Act provides that: Any person who, without lawful authority(a) imports, manufactures, produces, processes, plants or grows the drugs popularly known as cocaine, LSD, heroine or any other similar drugs shall be guilty of an offence and liable on conviction to be sentenced to imprisonment for life; or (b) exports, transports or otherwise traffics in the drugs popularly known
as cocaine, LSD, heroine or any other similar drugs shall be guilty of an offence and liable on conviction to be sentenced to imprisonment for life; (c) sells, buys, exposes or offers for sale or otherwise deals in or with the drugs popularly known as cocaine, LSD, heroine or any other similar drugs shall be guilty of an offence and liable on conviction to be sentenced to imprisonment for life; or (d) knowingly possesses or uses the drugs popularly known as cocaine, LSD, heroine or any other similar drugs by smoking, inhaling or injecting the said drugs shall be guilty of an offence and liable on conviction to imprisonment for a term not less than fifteen years but not exceeding 25 years. See also Okewu v FRN (2012) LPELR7834(SC); Nwadiem v. FRN (2018) LPELR-9845 (CA) Similarly, Section 7 of the Indian Hemp Act, prohibits the use of Indian hemp. From the above provisions, the law proscribes the illegal cultivation, use, sale and possession of Narcotics. The poser from the above is, “whether there could be instances of legal cultivation, use, sale and possession of Narcotics?” A careful perusal of the NDLEA Act will reveal that, there was no mention of legal use of Narcotics. What could appear to seem as a provision for legal use, is provided for in Section 3 of the NDLEA Act. The section provides that: (1) Subject to this Act and in addition to any other functions expressly
“....BUT, IN RECENT YEARS, SOME NATIONS HAVE ADOPTED A DIFFERENT STRATEGY OF DECRIMINALISING MARIJUANA USAGE, AS A WAY OF COMBATTING IT”
conferred on it by other provisions of this Act, the Agency shall have responsibility for-... (h) the facilitation of rapid exchange of scientific and technical information and the conduct of research geared towards eradication of illicit use of narcotic drugs and psychotropic substances; It is on the heels of this provision, that the NDLEA had given a letter of “No Objection” to Medis Oil Company Limited and two others, to import seeds of industrial cannabis for research purposes. Similarly, Under Article 3 paragraph 5 of the 1961 Single Convention on Narcotic Drugs to which Nigeria is signatory to, it is envisaged that as a result of research, a drug may be deleted from schedule IV of the 1961 Single Convention, if researches reveal its therapeutic advantages. At the risk of repetition, but for the sake of emphasis the Paragraph provides: A Party shall, if in its opinion the prevailing conditions in its country render it the most appropriate means of protecting the public health and welfare, prohibit the production, manufacture, export and import of, trade in, possession or use of any such drug except for amounts which may be necessary for medical and scientific research only, including clinical trials therewith to be conducted under or subject to the direct supervision and control of the party. A careful reading of the 1961 Single Convention on Narcotic Drugs, reveals that, Narcotics may be used by signatory States for research and medical purposes. Cannabis plant or its resin or extract with THC content lower than 1% is considered as CBD (medical) cannabis, and not psychoactive. Economic Benefits of Marijuana: Thailand as a Case Study Despite the fact that, the mischief which several stringent laws against Narcotics seek to prevent, is the harm they do to human health, recent medical studies have also indicated that marijuana can also be beneficial to health. Thailand’s military government unanimously approved medical marijuana use, which would make it the first country to legalise cannabis use in any form, in Southeast Asia. It is apropos to note that, Thailand was once infamous for its harsh penalties on drug users, including the death penalty. Cannabis was also once extensively used in Thailand for medicinal purposes, as well as clothing from both marijuana and hemp plants, which were used in creating fabrics. Thailand’s cannabis is one of the country’s largest exports. Globally, the medicinal cannabis industry, is projected to be worth $55.8 billion dollars by 2025. Considering the high rate of unemployment in Nigeria, legalising Marijuana will provide job opportunities for many Nigerian youths. Health Benefits of Cannabis One of the first big medical issues that cannabis was shown to effectively treat, is Glaucoma. Ingesting cannabis helps lower the pressure in the eyeball, giving patients at least temporary relief. It can improve lung health. Some conditions like lung cancer and Emphysema, have been shown to regress when cannabis is thrown to the mix. Cannabis can also offer serious relief for arthritis, especially when using quality cannabis creams and balms. It is helpful, for
CONTINUED ON PAGE 15
21.05.2019
TRIBUTE/15
Tribute to ‘a Great Bar Leader’ Tribute in honour of Olumuyiwa O. Olowokure Esq, former Chairman, Nigerian Bar Association, Kaduna Branch, by Dele Adesina, SAN, Past General Secretary, Nigerian Bar Association
I
Shocking News received the news of the death of ‘O.O.’, as we fondly called him in Nigerian Bar Association (NBA) circle, with a rude shock. My immediate reaction was to say “this cannot be true”. So, I made a couple of phone calls. Alas! It turned out to be true. I began to ask questions, from nobody in particular. Questions like, Why? How? Was he sick? For how long? How come I didn’t know? What is really going on? Not long ago, I heard about the deaths of Reuben James and Femi Moroundiya, two other great friends, both of whom demonstrably like O.O believed in me and in my quest for the President of NBA, 2014. I quickly stopped the questions. First, because I couldn’t find answers to them, and secondly, I remember the truism that, nobody no matter how powerful, can add one second to his life time. I also recognise that, there is no accident in predestination. That is why the scripture says that, there is a time to be born and there is a time to die. The timing of these two great events of life, is beyond the knowledge and comprehension of any man.
make his position known on any issue, with absolute clarity. Because he was straight forward, he never sat on the fence on any issue. Like me, he believed that a man who sits on the fence, is either a coward or a traitor. He was a reliable collaborator, in the politics of the Bar. Because he was demonstrably reliable, you could take every single word that proceeded out of his mouth, as valuable as gold. He was a forthright person, a practical believer in a dynamic and progressive Bar. Muyiwa believed in leadership that would not be consumed by the allure of power, but would be driven by the passion to serve the Bar, and better the standard of living of the Nigerian Lawyer. He excelled as a Bar leader. Perhaps, I should add that Olumuyiwa Olowokure Esq. would have been one of the best General Secretaries of the NBA, if he had won his election into the office of General Secretary of the NBA in 2012. Muyiwa lived a very resourceful life. He was well known and acknowledged, in his chosen profession. It is not how long, but how well. Muyiwa chose the platform of NBA, to serve humanity. I believe Muyiwa lives in the hearts of our great Bar Men and Women, throughout Nigeria. Remember, to live in the hearts of men, is not to die.
Olumuyiwa Olowokure: His Character and Beliefs Muyiwa Olowokure was a great Bar leader, a very honest, sincere and committed friend. A very reliable, straight forward and trusted Bar man. Because Muyiwa was straight forward, he would
State of the Legal Profession in Nigeria As we remember Muyiwa, let us reflect on the state of the Legal Profession in Nigeria, and our Association – The Nigerian Bar Association. In particular, let us take the respon-
LEGALITY OF MARIJUANA IN NIGERIA: A LEGAL OPINION those with post-traumatic stress disorders (PTSD). It could help regulate metabolism: as it helps your body process and deal with food and obesity, it also helps maintain and regulate metabolism. It also helps people with AIDS/HIV, in the sense that cannabis helps those living with it cope, by helping them maintain their diets and handle associated pains and aches. It has proved effective, for treating nausea: chemical compounds in cannabis react with brain receptors to regulate feelings of nausea. Cannabis could potentially treat headaches naturally, and won’t chew through your stomach lining or take its toll on ones body. It has also been found to be at least somewhat effective in the treatment of a handful of sexually transmitted diseases, including Herpes and Chlamydia. It could help with speech problems: if anyone has an issue with stuttering, cannabis can help in the same way that it helps calm
Late Olumuyiwa Olowokure Esq
sibility to look directly into history, and ask ourselves as members of the Legal Profession – What must we do differently, to achieve a better result in the burning areas of defence of the rule of law, sustenance of democracy, and the supremacy of our Constitution. Indeed, the role of the NBA in bringing about a much desired functional federal Constitution, the protection of fundamental human rights of the citizens, the unqualified and unconditional obedience of court orders and judgements, the protection of independence of Lawyers and Judges in Nigeria, as well as speedy and enhanced administration of justice. Let me bring this tribute to a worthy friend, a consummate Bar man and a straight forward and principled personality to a close, by saying that the time has come, when we must resolve as a people to unleash the productive capacity of the NBA to reverse the misfortunes of the Legal profession, and demonstrably contribute to the task of nation building, through the enthronement of the rule of law and due process. As for death, you have done your worst, by taking this gentleman at a young and vibrant age of only 56 years, but let me assure you dear colleagues that when satan the
“MUYIWA OLOWOKURE WAS A GREAT BAR LEADER, A VERY HONEST, SINCERE AND COMMITTED FRIEND. A VERY RELIABLE, STRAIGHT FORWARD AND TRUSTED BAR MAN.... HE WAS A FORTHRIGHT PERSON, A PRACTICAL BELIEVER IN A DYNAMIC AND PROGRESSIVE BAR”
author of death is at its worst, as in this instance, God is at His best, and this same God, I am fully persuaded, will be the father of the children and the husband of the widow, Muyiwa left behind. My great condolences to his beloved wife, his amiable children, members of his family, and members of the Bar in Kaduna State. Dele Adesina, SAN, Past General Secretary, Nigerian Bar Association Life Bencher, Distinguished Body of Benchers
CONTINUED FROM PAGE 14
spasms and twitches. It can improve skin conditions, and treat skin conditions like eczema vide cannabis topical. Recreational Benefits of Marijuana Apart from the argument for the legalisation of cannabis for medical and medicinal purposes, there is the argument that its possession and use for recreational purposes should be decriminalised. As would be seen, some countries have passed legislation, that decriminalises possession up to certain amounts, and allows recreational use and cultivation up to certain amounts too. Notwithstanding, there remain ethical questions to its widespread use. At the core of this ethical debate, is the question: Is it morally wrong to be high? I am certain that we will agree that we might not have a winner in that debate. If we are to go by the fact that it impairs cognitive abilities, then it might be morally wrong to ingest anything that impairs our sense of judgement in any way.
Conclusion Taking a cue from the Utilitarian theory that “actions are right in proportion, as they tend to promote happiness”, from the facts and benefits highlighted above, there is really a need to legalise the use of Marijuana in the country. It is succinct to point out that, war on drugs is often far costlier than the drugs themselves. Thus, if the money pumped against the use of drugs could be redirected in cultivating Marijuana for economic use, there will be a great boost in the economy of the country. Finally, one of the greatest problems in policing the illegal use of cannabis, is the enforcement of the laws governing its illegality. This, in itself, has been one of the big drivers for the calls for its legalisation, across many countries of the world. Most of the proponents of the legalisation of its use for both medical and recreational purposes, have stated that its criminalisation has not stopped its increasingly
widespread use, but instead, has helped deny people of its ‘wonder working powers’, as a drug, especially in treating chronic pain as earlier mentioned. Recommendations Having considered the benefits accruable to the production, sale and use of Marijuana, it is hereby recommended that the National Assembly should be lobbied to amend the provisions of the NDLEA Act and other relevant laws, in order to make room for the legal production, manufacturing, sale and use of Marijuana in Nigeria, which in turn boost the economy of the Nation as a whole. The National Drug Law Enforcement Agency should also enforce the provisions of the 1961 Single Convention on Narcotic Drugs, and allow the use of Marijuana for medicinal purposes. Dr Kayode Ajulo, Lawyer and Political Activist, Abuja
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WORDS OF WISDOM
(Culled from the Internet)
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T H I S D AY Ëž Í°ÍŻËœ 2019
BUSINESSWORLD R A T E S MONEY MARKET OVERNIGHT OBB
A S
A T M A Y 1 7 ,
REPO 5.93 % 5.29%
CALL 1-MONTH 3-MONTH
6.50% 9.00 % 9.75%
S & P INDEX INDEX LEVEL 1-DAY MONTH-TO-DATE
Group Business Editor Obinna Chima Email obinna.chima@thisdaylive.com 08152447875
2 0 1 9 387.13%% 0.08% 0.11%
S & P INDEX 1/4 TO DATE YEAR TO DATE
0.14% 8.45%
EXCHANGE RATE ͹͎ʹ˛͡ͳ˚ͯ ̊ ̊
Quick Takes CBN Injects Fresh Forex
The Central Bank of Nigeria (CBN) last Friday, made an intervention of $268.6 million in the retail Secondary Market Intervention Sales (SMIS) and CNY 29.2million in the spot and short tenored forwards segment of the inter-bank foreign market. This was disclosed by the Director, Corporate Communications Department, Isaac Okorafor, who revealed that the intervention was for requests in the agricultural and raw materials sectors. The Chinese Yuan, on the other hand, was for Renminbi denominated Letters of Credit. Okoraforfurtherexpressedsatisfactionoverthecontinuedstability of the foreign exchange which, according to him, was largely due to sustained intervention by the Bank. He assured that the central bank would remain committed to ensuring that all the sectors of the forex market continue to enjoy access to the needed foreign exchange.
Miele Partners Julius Berger
THIS IS OUR SCORECARD
L-R: Registrar/CEO, Chartered Institute of Bankers of Nigeria (CIBN), Mr. Seye Awojobi; President/ Chairman of Council, CIBN, Dr. Uche Olowu and First Vice President, Mr. Bayo Ougbemi, at the CIBN Annual General Meeting in Lagos‌ recently ETOP UKUTT
NPDC Gets New MD as 11 Retire from NNPC Â?ŠÂ?žÂ?Â˜Â›Â’Â•Â˘ČąÂ›ÂŽÂ?’›’—Â?ČąÂœÂ?ŠěȹÂ?Â˜ČąÂ‹ÂŽČąÂ›ÂŽÂ™Â•ÂŠÂŒÂŽÂ?ČąÂ?Â›Â˜Â–ČąÂ Â’Â?‘’—
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Peter Uzoho with agency report The Nigerian National Petroleum Corporation (NNPC) has appointed Mr. Yusuf Usman as the Managing Director of the Nigerian Petroleum Development Company Limited (NPDC). He is to replace Yusuf Shimingah Matashi, who retires on 17th July, 2019. The appointment becomes effective on July 17th. Until the appointment, Usman was the Group General Manager/STA to the Group Managing Director of the NNPC. Also, the NNPC has explained that the retirement of 11 of its senior management staff and others from its subsidiaries as well as the redeployment of 19 others were part of its normal
ECONOMY replacement and backfill process. A top source at the Corporation who disclosed this in a chat with The Whistler, described as fallacious, the insinuation that the exercise was lopsided. In all, 30 staff were affected by both the statutory retirements and redeployment. A list of the staff that would statutory retire between 1st May and 31st July, 2019 obtained by The Whistler includes the General Manager, Chad Basin, Aniya Francis Umaru, who is from the north-eastern part of the country and retired on May 6th, 2019; Adewale Solomon Ladenegan, Managing Director, KRPC, who hails from the south-west and retired on May 13th, 2019 and
Musa Sulyman Gimba, who is the Group General Manager, NNPC Leadership Academy, who also is from the north-east and retired on May 14th, 2019. Others include Umma Ayuba Musa, who is the General Manager, HR & Admin Services, Duke Oil, from North-west and retired on May 19th, 2019; Emmanuel–Ate Mariagoretti Ndidi, General Manager, Support Services, NGC, from the south-south region and retires on May 30th, 2019; Tsavnande Thaddeaus Atighir, the Executive Director, Operations, from the North-Central; Okor Ovieghara, the General Manager, Upstream/ TA to GMD, who hails from the South-South region; Barau Mohammed Kabir, the Managing Director, NGMC, who is from the
North-Western region; Dawaki Salihi Abubakar, the General Manager NLNG, LIMS, from the North-West; Ibrahim Aminu Bagudu, the Executive Director, ETSD, NPDC, who is from the North-West and Yusuf Shimingah Matashi, the Managing Director, NPDC, who hails from the North-Western region retires on 17th July, 2019. “The retirement of these officers will open up gaps in the management of some important Strategic Business Units and Commercial Strategic Units of the Corporation. “Consequently, there is an urgent need to propose competent staff within the Corporation for promotion to fill up the vacancies Continued on page 24
Govt Agencies Support Slash in FG’s Stake in Refineries Chineme Okafor in Abuja Despite President Muhammadu Buhari’s reported unwillingness to allow for private investments through equity shareholding into the refineries in Kaduna, Warri, and Port Harcourt, key agencies of the government are actually in support of private investments in them to revive their productivity. The government agencies have thrown their weight behind the idea, which according to them would help revamp the refineries that have largely remained unproductive for years thus forcing Nigeria to rely on imported refined petroleum products from abroad. They include the Ministry of Petroleum Resources (MPR); Ministry of Budget and National Planning; Department of Petroleum Resources (DPR); NNPC;
ECONOMY Petroleum Products Pricing Regulatory Agency (PPPRA) and the Infrastructure Concession Regulatory Commission (ICRC). These agencies indicated their preference for such at a workshop organised recently by the MPR. The workshop according to a communiquÊ sent to THISDAY in Abuja, sought to identify the sufficiency of Nigeria’s upstream, mid-stream and downstream infrastructure. It also wanted to review the current state of infrastructure, identify gaps and propose strategies for closing the identified gaps for the emergence of an optimal infrastructure network that would sufficiently satisfy the energy need of Nigerians, and had in attendance senior officials from the agencies.
According to the communique, they observed that Nigeria has an insufficient national petroleum refining capacity and as such, “there is a need for the establishment of more refineries in the nation to enable the satisfaction of more than 40 million litres demand domestically.� They equally recommended that the country, “open up the refineries for equity sales to all interested investors both locally and internationally,� adding that the existing policy and regulation on domestic refining was inadequate. Negotiations between the NNPC and investors for the repair of the refineries recently failed, thus pushing the corporation to pursue an independent funding of the repair. It subsequently engaged Milan-based Maire Tecnimont S.p.A, in collaboration with its
Nigerian affiliate, Tecnimont Nigeria to repair its Port Harcourt refinery. The corporation stated that the first phase of the rehabilitation contract would run for six months involving detailed integrity check and equipment inspection of the Port Harcourt refinery beginning from end of March, 2019. The integrity test would be followed with the second phase of the rehabilitation project which entails a comprehensive revamp of the complex aimed at restoring the refinery to a minimum of 90 per cent capacity utilisation, and then subject to the successful completion of the integrity checks, the second phase would be executed on an Engineering Procurement Construction (EPC) basis by Tecnimont in collaboration Continued on page 24
Miele, a German premium manufacturing brand and Julius Berger’s furniturearm,AFPFurnitureProduction,recentlyenteredintoastrategic partnershiptodeliverseamlessdĂŠcoroutingforprospectivecustomers. ThiswasdisclosedbytheManagingDirectorofMieleNigeria,Mustapha Olorunnimbe,atthecompany’sshowroominLagosduringtheunveiling of the strategic partnership between both organisations, where he said performance, durability, and aesthetics are the hallmarks of the German household appliances’ manufacturer. “The object of this partnership is to deliver greater satisfaction to our potential customers who are in search of luxury and sophistication. This collaboration will see the deliveryoffit-for-purposefurniturethat matches the size and colour of Miele appliances,â€? said Olorunnimbe. Thecompany,whichsuppliespremiumdomesticandprofessionalrange of kitchen, laundry, and floor care appliances, is known around the globe for its delivery of world-class satisfaction to its customers. AccordingtoOlorunnimbe,“TheLagosshowroom,likeourAbujaone, is intended to get closer to our customers as well as to show, in practical terms, what we have to offer to our prospective customers – private, corporate or public institutions. The luxury, finesse, and sophistication youseeherearewhatweofferourclients.Wecustomisetheseofferings to suit the needs and pockets of our customers,â€? he said. HefurthersaidthatMieleNigeriahasawidearrayofappliancesforthe kitchen, laundry, floor, offices, and hospitals which potential customers couldchoosefrom.Healsoinformedthemthattheseappliancescomeat competitivepricesastheseproductsaresupplieddirectlyfromtheMiele factory in Germany without going through intermediaries. “We are offering the Miele quality built for more than a century. We are the only manufacturers in our subsector that test our products such as washing machines, tumble dryers, dishwashers, refrigerators, ovens, and cookers – induction, electric and gas – to the equivalent of up to 20 years of use.
Obaseki Inaugurates Agric Committee
TheEdoStateGovernor,Mr.GodwinObaseki,hasinauguratedasevenmanEdoAgriculturalProduceDevelopmentStrategyImplementation Committee.The move was to drive the state government’s policies in repositioning the state as an agricultural produce hub. SpeakingattheinaugurationofthecommitteeinBenin,thegovernor said setting up the committee was one of the ďŹ rst steps in diversifying the state’s economy to agriculture, noting that his administration is committed to investing in the cultivation of value crops like oil palm, rubber and cocoa. According to him, “Wehavetodiversifyoureconomyin EdoStatebecausecountrieslikeMalaysiathatcamehereforjointresearch onoilpalmin1963aregeneratinghigherrevenueandtheirGrossDomestic Product (GDP) is also higher than ours. “Asagovernment,wewillcreatetheenablingenvironmentandsupport investorstogiveEdoStatethecompetitivenessneededtoexcelglobally.â€? Obaseki said one of his administration’s cardinal objectives is to create theenablingenvironmentandalsoprovidetheregulatoryframeworkto growthestate’seconomy,andthatagriculturewouldplayakeyroleinthe new direction the state is headed. Chairman of the committee, Prof. Peter Aikpokpodion, expressed appreciationtothegovernorfortheprivilegetoserveinthecommittee, assuringthattheywillcollectivelyworkforthedevelopmentofthestate.
“We believe that in the course of the year, at some point, the issue of oil subsidy, has to be addressed. I am a believer in the fact that capitalism must have a human face and that any government that must care for its people must think of the less well-off in the society�
MD/CEO, FSDH Merchant Bank,
Mrs. Hamda Ambah
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BUSINESSWORLD NPDC GETS NEW MD AS 11 RETIRE FROM NNPC
that emerged,� the documents cited by The Whistler explained. On the other hand, the names of the 19 staff that were redployed include Anas Mustapha Mohammed, Usman Faruk, All Muhammed Sarki, Osarolube Ezekiel, Ihya Aondoaver Mson, Isah Abubakar Lapal, Umar Hamza Ado, Garba Adamu Kaita, Ossai Uche, Usman Umar, Ehizoje Tunde Ighodaro, Ahmed Mohammed Abdulkabir and Lere Isa Aliyu. Others are: Richard-Obioha Maryrose Nkemegina, Dikko Ahmed, Ibrahim Sarafa Ayobami, Usman Yusuf, Sambo Mansur Sadiq and Buggu Louis Tizhe. Speaking further, the source who shed more light on the exercise said: “It’s part of normal replacement process for those that are due for statutory retirement. We normally get approvals ahead of schedule.� GOVT AGENCIES SUPPORT SLASH IN FG’S STAKE IN REFINERIES
with the original builders of the plant, JGC of Japan. Additionally, they observed the country still had issues with pipeline vandalism; obsolete midstream and downstream equipment and facilities; inadequate inland storage facilities; poor pipeline integrity; as well as infrastructure bottlenecks and congestion, and this regards recommended the deployment of drone surveillance and host community participation to address the challenges of pipeline vandalism. They equally recommended that third parties should be encouraged to invest in the sectors through adequate sensitisation, while a framework for the development of strategic reserves of products should be established. The Minister of State for Petroleum Resources, Dr. Ibe Kachikwu, had disclosed that it would be difficult for Nigeria to dip its hands into its coffers to finance the repair of its decrepit refineries in Warri, Port Harcourt and Kaduna. Kachikwu also confirmed it would take about $2.5 billion to fix the refineries and get them to work at 90 per cent production capabilities.
NEWS
Halt Planned Commencement of Oil Exploration at OML 11, NPDC Warned Ernest Chinwo in Port Harcourt Elder statesmen and professionals from Ogoniland in Rivers State have warned the Nigerian Petroleum Development Company (NPDC) to reconsider its planned resumption of oil exploration activities in the area warning of consequences. The elders also accused the NPDC of violating industry standards and regulations in its hurry to resume oil production in the area. The elders, under the aegis of Gbo Kabaari Ogoni (Ogoni Elders Forum), in a letter to the Managing Director of NPDC, expressed concern that the company had ignored its earlier letter in which they raised serious concerns about the advertised OML-11 re-entry plan and called for an opportunity for dialogue. In the letter jointly signed by the Chairman and the Secretary of the Forum, Senator Bennett Birabi and Dr. Desmond Nbete, respectively, the elders said the planned re-entry activities deliberately failed to recognise that oil activities in OML 11 and Ogoni have a unique history that cannot be wished away by an executive fiat for a restart of oil exploration and production activities without duly engaging the people in a proper and painstaking conversation. They noted: “Production activities in OML 11 stopped about 26 years ago, and in line
with industry practices, such fields like OML 11 ought to be treated as Green Fields, and not Brown Fields. It is not acceptable to summarily commission an Early Production Facility (EPF) to start oil production, without the necessary procedures and approvals for a Green Field development. “Therefore, we expect that the extant provisions and industry regulations for Green Fields, would triggered and followed
appropriately. “According to DPR guidelines for the design and construction of oil and gas surface production facilities, there are four stages of approval for execution of any project: Conceptual design, pre-commissioning/oil & gas surface facilities operating permit, and decommissioning. “The conceptual design, which we believe is the current stage, ought to be accompanied by a copy of
L-R: Chairperson, Time Management and Productivity/Nigeria’s Employee of the Year Award summit (TAMS/NEYA Summit), Mrs Nireti Adebayo; Chief Executive Officer, SBTelecoms and convener of the summit, Mr Afolabi Abiodun and Chief Executive Officer, Financial Derivatives Company Limited/Keynote speaker at the summit, Mr Bismarck Rewane, at the 2019TAMS/NEYA summit, held in Lagos‌ recently ABIODUN AJALA
FG Partners Standard Bank, Stanbic IBTC on Funding for Mining Sector Kasim Sumaina in Abuja In line with efforts to reposition the mining and steel sector, the Minister of State for Mines and Steel Development, Hon. Abubakar Bawa Bwari has said the federal government will continue to collaborate with international financial partners to revamp the sector. The minister made the assertion while receiving a team from
Jonathan Eze
Group Business Editor
Capital Market Editor
Goddy Egene
AgriBusiness/Industry Editor
Jonathan Eze
Comms/e-Business Editor
Emma Okonji
Senior Correspondent
Raheem Akingbolu (Advertising) Correspondents
Chinedu Eze (Aviation) Eromosele Abiodun (Maritime) James Emejo (Finance) Ebere Nwoji (Insurance) Chineme Okafor ((Energy) Reporters
Nume Ekeghe (Money Market) Nosa Alekhuogie (ICT)
documented the toxic baseline of Ogoniland. For instance, in the Korokoro Oilfield which you have earmarked First Oil for Q2 2019, the UNEP Report noted that the soil and groundwater has been contaminated by total petroleum hydrocarbon (TPH), at levels greater than 14,000 mg/kg (for top soil) and 5,000 – 6,000 mg/kg (for 4-5 meters depth), respectively, all of which exceed the EGASPIN acceptable threshold,� they
CAPACITY BUILDING
Mining and Metals Corporate and Investment Banking officials of Standard Bank, and Stanbic IBTC in his office recently, in Abuja. He reiterated the commitment of the President Mohammadu Buhari-led administration to give the mining sector the desired priority that would enhance sustainable economic growth. Bwari, informed the team that funding had been one of
the major factors mitigating against the development of the sector, but noted the interest of the bank to fund mining in the country was a welcome development. While thanking the team for their visit, the minister said: “One of the potent areas we are looking forward to is funding, and I am sure that you are going to be a pace setter when it comes to funding mining operation
Edo Pledges Support for Farmers
Obinna Chima
an approved field development plan (FDP), and a copy of letter of approval of preliminary EIA Report, among other requirements.� They accused the NPDC of not having an approved FDP and that no EIA has been done for the project. “The Ogoni environment is already severely stressed and dangerously polluted. This is not a speculative statement, as the UNEP report clearly
The Edo State Governor, Mr. Godwin Obaseki, has assured farmers in the state that his administration will continue to invest in developing the agricultural sector to provide more opportunities for farmers to become wealthy and support the state in achieving food security. He gave the assurance when rice farmers from Iguoriakhi and Iguomo communities in Ovia South West Local Government Area, paid a visit to the Government House, in Benin City. The governor urged farmers to organise themselves into clusters and cooperatives to enable them to benefit from government’s mechanised farming support programme, noting, “As a government, our focus is to make our farmers
rich and become millionaires. I will create opportunities for you to make money for yourselves as I have no free money to share. “Since you are interested in farming and agriculture, I will make farming possible for you. What we have decided to do is that any community that can organise themselves well, they will get our support in terms of helping them with tractors to clear their land no matter how big and providing farm inputs.� Obaseki, added that the state government would continue to assist farmers with tractors, access to highyielding crops, fertilizers and other farm inputs that would make mechanisation possible for rice farmers in Edo South Senatorial District. “We will also agree on
the price of the commodities and bring those that will buy from you. We have started the revamp of the College of Agriculture, Iguoriakhi. By the time we finish work on the school, in one and a half years, farmers will be welcome to learn techniques to improve their farm activities,� he added. President of the association, Odion Ugiagbe, expressed appreciation to the governor for assisting them with bulldozers and payloaders which are on site preparing the farmlands for the dry season. She said 60 rice farmers have registered at Iguomo, with each of them having a farm size of five hectares, bringing the total of land operated by the cluster to 300 hectares. She made the case for a rice processing mill in the area to increase productivity and boost local food processing.
in Nigeria.� The minister assured the Executive Secretary, Solid Mineral Development Fund, Hajia Fatima Shinkafi, who facilitated the visit and the team that the federal government would give the necessary support ensuring that the collaboration bring about the desired result. The leader of the team Mr. Mark Buncombe, who
is equally the Global Sector Head, Mining and Metals, Standard Bank, informed the minister that the main purpose of their visit was to explore areas of collaboration with government in the Mining sector of the country. He said that the collaboration would no doubt make positive impact in the mining and steel sector that will add value to government’s efforts to develop the sector.
WACOT Distributes Fertilizers, Others to Farmers in Katsina Francis Sardauna in Katsina The management of WACOT Company Limited said it has commenced the distribution of tractors, fertilizers, herbicides, insecticides and other farming tools to farmers in Katsina State at subsidise rate in order to boost food production. The gesture according to the company, was to complement federal government’s efforts at revitalising the agricultural sector and ameliorate the plight bedevilling farmers in Nigeria. Managing Director of the company, Mr. Ujwal Canta, who stated this while commissioning the company’s Agricultural Centre in Funtua recently, said the centre would provide farmers with all the needed farming inputs at lower cost. He explained the
agriculture centre was among other reasons, established to promote efforts of stakeholders to improve and sustain food production, quality and quantity in Katsina in particular and Nigeria at large. “The Agric Centre would remain one of the top centres for all agricultural needs of the farmers ranging from quality seeds, fertilizer, insecticides, herbicides, tractors, farm mechanisation implement at subsidise rate. “WACOT Limited is ready to help farmers produce more yield and improved agricultural products in Nigeria. WACOT Limited is in the best position to guide farmers on modern techniques in agriculture for better yield and optimum productivity,� Canta explained.
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BUSINESSWORLD
ENERGY
Wonodi: It’s Impossible to Regulate Power Market Without Transparency Rumundaka Wonodi, was the pioneer head of the Nigerian Bulk Electricity Trading Plc. He, however stepped down in 2016, into private advisory practice. In this interview, he stresses the importance of efficiency and transparency in regulating a privatised electricity market like that of Nigeria. He equally highlights some of the mistakes the market had recorded due to the lack of transparency. Chineme Okafor provides the excerpts: Why has Nigeria’s privatised power market failed to progress as expected? Today, the bigger problem is not what it was some three or five years ago, but there is a common trend that one could identify in them. When privatisation happened, investors emerged winners and it was very clear that not all of them were qualified fully to take over these assets, especially the distribution companies (Discos). But maybe government was desperate kind of and lowered the bar so that the assets would get across. And having seen that, it was incumbent on government to begin to tighten the rules so that investors who lacked capacity could quickly seek it either technically or financially, to be able to operate the assets as expected. The government needed to be firmer in its regulation and implementations of the laws and agreements for the sale. We started with an interim rule which was an aberration because it actually kept some people (Discos) from paying more than they should, and then when we finally got to a place we could have (had) a contractual market, government turned around and took away a tariff that it had put in place as a basis. And, that was in 2015 which was controversial? I think that the way the tariff was generated was faulty. We had discussions about what level of cross-subsidisation we should have and went to Enugu Disco and found that the (residential customers) R2 and R1 to be subsidised were about 80 per cent – which was unreasonable because Benin and Jos had 40 per cent R2 and R1. So for Enugu to have 80 per cent was rather worrisome. By the time you did the cross subsidy, the few industrial firms that made up the 20 per cent had their tariff shoot to the air. It was the MAN (Manufacturers Association of Nigeria) that was putting the pressure on having to change that and at the end of the day, NERC responded to the pressure from the federal government which in all honesty wasn’t about the former president (Goodluck Jonathan) and which the former NERC chair (Sam Amadi) had clarified. But, it gave some of the Discos some confidence and to a large extent undergirded the sector. From that period payments began to decline even though at the Nigerian Bulk Electricity Trading Plc (NBET) we had some of the Discos with Letters of Credits (LCs), the moral of trying to call the LCs of people who had posted while there were people who had not posted became very difficult. The government continued to say it was working on it. In 2016, we came around again and got a new tariff, signed security packages with the Discos and Gencos, everything was looking good until one of the courts ruled against NERC and the tariff. That unhinged everything and the Discos went to court to say they could not be bound by the LCs and the tariff was not applicable, then we entered a freefall. At that stage what was it like for the market? There was poor performance, government now decided to put in some money to incentivise the Gencos and gas companies to continue to work, and the N701 billion came about. What we thought would have happened was that government should have agreed and set through the NERC
Wonodi the prevailing tariff, but it discounted and refused to make any adjustment that were due under the minor reviews. Government was not clear on the application of the N701 billion, and the Discos started contributing as they liked without any expectations and they also complained. Government in itself hobbled in so many places - things that it should have done rightly, it has not done them rightly, and it is costing the investors. I have not said the investor are upright and capable, the point is that it was up to government to have sanctioned and put them in line, and not to give them the leeway to misbehave because so many of the Discos are being run by investors who do not mean well for the industry. But why did the government at that point refuse to take these key steps? Those were the things we talked about
You cannot do electricity without transparency. You cannot do regulated market especially with monopoly without transparency that everybody can see and follow up. They take a while but that is really where the reform begins to come, it is that part that leadership is very important
– leaving governance gaps, for instance, the NERC commissioners that were exiting, you did not appoint new ones to replace them immediately. These are what I talked about as lack of leadership or consistency. You don’t appoint NERC commissioners on time and even when you do, there are critical agencies that lacked boards – very easy things to do, and therefore they are not very firm in exerting authority. From a point of optics, it would seem the government was not determined and assertive in trying to get these things done. There was also that the government seemed to be overtly sympathetic to the Discos when they came on board and they (Discos) made a point to the government that the regulator really didn’t care so much for you and were playing politics with the tariff because they didn’t want you to come in and they have made a mess of all of us in the Discos. For good reasons they (government) had to be suspicious of the NERC they met and that took a lot of time, but then the appointment took a long time. Is it possible that the government mismanaged that transition at the NERC? When there is a total change of government, you’d expect that to happen and it is not peculiar to this government. Commissioners and a lot of managing directors especially in new firms tend to come from outside and the whole idea of clean sweep is complex – there are so many things and I am trying to point at how to address them with leadership. I don’t know how this government is architected in terms of authority but we are not seeing the best of coordination. I speak to industry people, and they raise doubts about the independence of the regulator. Do you share similar thoughts?
I think that the minister could be right in showing a frustration by insisting that the Association of Nigerian Electricity Distributors (ANED) for instance should not be part of his meetings, but I also think it is wrong for the NERC to be the one to raise it and say that ANED is banned from insulting the minister and all that - that is not their business. And they said ANED should have no right to talk about issues in the industry, but if ANED should not have been registered, then the Corporate Affairs Commission shouldn’t have registered it. You cannot say that people shouldn’t comment on the industry because there is freedom of expression. There are other ways to actually regulate the activities of ANED, you could check to be sure the Discos are not funding them because it would be unauthorised funding if they are funding them. I also think that ANED has distorted the issues but NERC should not be seen to be operating the sector for the ministry even if it is an agency that takes policy directives from it. If there is a directive not to introduce new tariffs, it is a policy directive from the government but does not mean that you should not acknowledge the cost of production. You have to acknowledge that and advise the ministry appropriately. NERC in itself need to do some work – they are talented people, but they have to fight very hard on their own to convince the industry that they are really independent because from where it sits now, it is a challenge for them. People say without further reforms, the sector will continue to be challenged, what is your take on that? I don’t understand what people mean by further reform. I think that people got it wrong when they thought there was a silver bullet with privatisation. Some saw privatisation as the beginning of a journey while others saw it as an end. The difference between electricity and telecoms privatisation is that there is still a monopoly angle and you have to regulate it (power) tightly – forcing and supporting the Discos to do the right things to get benefits. The reform I would want to see is that we are in an electricity market and some of us look at it from the boundaries of the market and how we see challenges and within the ambient of the law, take the market to the next step without undermining the laws. Reform is a progressive thing; it is not a matter of reform by shaking the industry but about introducing market restructuring in a way that it is OK. For instance, I told everyone in the industry including the minister when he came in, that our tariff has no outcome for the consumer. It has for the investor but not the consumer and people take it for granted but the outcome is the price and power all the time. Here we need to have an outcome, people have to know what exactly they are paying for, and that is service level. You cannot do electricity without transparency. You cannot do regulated market especially with monopoly without transparency that everybody can see and follow up. They take a while but that is really where the reform begins to come, it is that part that leadership is very important. I do not see this sector as a basket case, it is doable because this is a market that everybody has done and there are so many models to adapt.
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Fatona: Nigeria’s Oil Industry Will Face Drought if Militancy Continues The founding Managing Director of Niger Delta Exploration and Production (NDEP) Plc, Dr. Layi Fatona, shares his over 40 years Experience in the oil and gas industry with Peter Uzoho and Esther Oluku, as part of preparations for his 70th birthday ceremony coming up in June. Excerpts: You have been in the oil and gas industry for over 40 years. You started with the Shell Petroleum Development Company (SPDC) as a geologist. But you left SPDC after spending seven years. What really motivated you then to leave such a plum job at SPDC - leaving the known for the unknown? Actually, each time people ask me that question these days and I think backwards. I think the reason is just stupidity, and if you don’t know the consequences of failure you can do some really stupid things. So, I was totally oblivious of what would happen if I failed and I think that removed the common sense of determining whether to leave or not to leave from my mind. So sometimes, people’s ignorance is blaze. I think it has been so with my case. I was totally ignorant of the consequences of failure. I think that removed the fear. Because if I had known what the punishment could be; if I didn’t do well, the worry and the fear of them would have possibly constrained my urge or my ability to think about leaving but that fear didn’t exist. So ignorance is blaze. Was there any point in your life that the challenges became enormous that you regretted leaving SPDC and you felt like going back to the company? That also was always there because I was told when I was leaving that if I ever thought of wanting to come back that I could always come back. But, instead of going back, real life occurred because I had a very strong support in my wife and she was always there to support me. Of course, I had very unsteady and bad times, but I think my wife was very much the anchor then. It did not make any difference because during that difficult time anything that was hers was for me to live on. We understand that you and your friends had initially set up Geotrex Systems Limited to consult for exploration and production (E & P) companies. What motivated you to set up Niger Delta Exploration and Production (NDEP) Plc and went into full E & P business? Let me quickly correct something and put it in right perspective. I did not with my friends to conceive or form Geotrex Systems. In fact, they are not my colleagues - they are my extremely high-level superiors who formed Geotrex and I happen to be their first guinea pig of an employee. So, I was employed when I left Shell to come into Geotrex as the first staff. So, if anybody said I told my friends to form Georex, it was an arrogation of a capability that did not exist. The late Mr. Eddy Iyamu and the late Alhaji Okoli who were top senior Shell retirees - they took early retirement from Shell in those days in 1980s. They left in 1984. They formed the company thereafter and came out to hire me as their first employee. I joined the company as number one employee. They did not tell me anything about what I needed to do because there was really nothing to do; it was just to run with their vision and their ideas. They wanted to form a truly Nigerian exploration and producing consulting outfit and they had in their mind that such a company would combine the ability to think and deliver services, pure and simple. We went on, built a company and in January, 1987, I wrote a memo to the management of the company. This was like one or two year after I left Shell and I said I had a dream of forming a Nigerian oil company. I was very lucky that mine was to think of ideas, theirs was to let me fly with my ideas. So, I would say, I am lucky to have been in the hands of such very matured minds who saw things in me. Later with the late Chief Aret Adams, it got much bigger. However, in all ramifications, they were all my very senior superiors. So, I
Fatona was like a spoilt child eating with very old and mature hands and they just let me blossom. It was an idea that was allowed to flourish simply because they believed and supported it. You do not get that these days. I was like a free bird. It appears you have a history of taking risks, because when about 22 private investors collected licenses from the federal government to build private reďŹ neries, none of them built any reďŹ nery and some of the licenses were revoked. But your company broke the record in 2010 when it commissioned a 1,000 barrels per day reďŹ nery for the production of diesel (Automotive Gas Oil) or AGO
Gas aring again, is one of the things that you would say, how come we did it? As a company, we eliminated gas aring in our small ďŹ eld when nobody would agree that it was possible. There is absolutely no excuse for gas aring in Nigeria. The rule to stop gas aring exists but it is not enforced. There is a regulator and there is a government that is supposed to drive enforcement
at the Ogbele oil ďŹ eld, thus emerging as the ďŹ rst private reďŹ nery in Nigeria to receive a License to Operate (LTO) from the federal government. How did you achieve this feat? First of all, the idea was driven by the fact that there is really no reason why Nigeria should not have one. The founders of the original Geotrex had all passed away but the board of the company had fallen into very good hands. Mr. Osunor, who was the former director of Directorate of Petroleum Resources (DPR), was now the chairman of the company. These were forthright professionals in the industry who knew what needed to be done and they were just there as my guide. So, here was I, energy, ideas, there they were, always believing that anything I said that we wanted to do made sense and that it was good. They just supported me. Yes, it was risky but I think the risk component of it was the conviction that those people who were my superiors believe that we could do it. Not that I could do, we could do it, the company could do it. There was that absolute trust that I would not be reckless with the resources of the company and there was the conviction that I knew what I was doing. Again, this just went on and on, and like I told you, they just let me be. You have been in the industry for over 40 years. What has been your staying power all these years? I would say my training. I am a geologist. I cannot be a doctor or an engineer, building houses, and the Nigerian petroleum industry is a very interesting place to be. We could never do enough for this country even as an industry. Let us forget the fact that as an industry we have not achieved anything. But in the context of the bigger set up of Nigeria, the industry that could do so much has so much space. Therefore, if you are somebody like me, thirsty and energetic, you would go from one thing to another. You would go from oil production then, you would think about gas production and to processing oil and gas.
And you would still look around and realise that there is still so much to do. So, I think the staying power is already entrenched in the system. Today, I feel that I could still spend another 20 years. There is still so much to do. You had an ambitious target to raise the capacity of the reďŹ nery. How far were you able to implement this plan before your glorious exit from the management of the company? The refinery is almost ready today. We are increasing the capacity from 1,000 to 11,000 barrels per day. The first phase of it, which will see a first tranche addition of 5,000 barrels, the facility is completed now. I believe that immediately after my birthday, the facility will be up and running. A couple of months after that, the additional 5,000 barrels which is already in the country would be ploughed in and hopefully by this time next year, we would have a fully functioning refinery owned by the company. What is your take on the issue of gas aring in Nigeria? Gas flaring again, is one of the things that you would say, how come we did it? As a company, we eliminated gas flaring in our small field when nobody would agree that it was possible. There is absolutely no excuse for gas flaring in Nigeria. The rule to stop gas flaring exists but it is not enforced. There is a regulator and there is a government that is supposed to drive enforcement. It is a very complex dynamics. Basically I think there has not been a will on the part of government to enforce the rules that have been established. It is what you see in Nigeria every day. There is a rule that you cannot drive against traffic but go to Admiralty or Ademola now, you would see people driving against traffic. It is part of us not to enforce the rules that we make. And I think that if there is self -discipline that rules are meant to be enforced in this particular instance of gas flaring. But as a Continued on page 27
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FATONA: NIGERIA’S OIL INDUSTRY WILL FACE DROUGHT IF MILITANCY CONTINUES company, we took that rule, we looked at it, we knew we could comply with it and we were much more worried about the consequences of punishment holding it as a deterrent. Each time we thought about the punishment, the fear of it made us comply with the rule. So imagine if that punishment is implemented all across I think this country would be a lot better than it is today. You were one of the leading champions of the indigenous participation in Nigeria’s oil and gas industry. Your efforts led to the enactment of the Nigerian Oil and Gas Industry Content Development (NOGICD) Act of 2010, known as the local content law. Your efforts also led to the sale of producing assets by the international oil companies (IOCs) to the Nigerian independents. Considering where we are coming from, can you beat your chest and say that indigenous players have arrived or do we still have a long way to go? Well, to answer that question, you have to look at the entire oil and gas industry, not just in Nigeria but in the entire Africa. In the case of Nigeria, Nigeria has been producing for over 65 years. And I would say that this is the only place in Africa where you see not one, two, three or four five indigenous companies that are able to take the processes of oil exploration, production into its logical conclusion. So, to answer your question, Nigerian indigenous participation and rights, yes, we landed on the shore safely. Are we sufficient in terms of numbers? No. I strongly believe that there is still much more space for businesses, producers. But, I want to caution that during the just concluded Oil Commerce
Association of Indigenous Producers, there got to be indigenous producers who are committed to doing things properly, safely, in the context of obeying the rules and regulations of that industry. But there is so much space still for indigenous producers to join the enterprise. And I personally would say to you that Nigeria has arrived when about 60 per cent of our daily production, mark my words, 60, or even more of our daily production, is attributable to Nigerian indigenous producers. Today, between all of us, maybe we do like 20 per cent. So there is still a long way to go. In recognition of your contributions to the growth of Nigeria’s oil and gas industry, you have won several awards and recognitions over the past 40 years. You are a President and Fellow of the Nigerian Association of Petroleum Explorationists (NAPE), a CertiďŹ ed Petroleum Geologist of the American Association of Petroleum Geologist (AAPG), the 6th and 2010 recipient of the prestigious highest ranking “Aret Adams Awardâ€? of the Nigerian Association of Petroleum Explorationists, the 2012 recipient of the Nigerian Mining and Geosciences Society (NMGS) NMGS/ DPR/Chief M.O. Feyide Award, and a “Master Class Finalistâ€? in the 2011 Ernst & Young – Entrepreneur of the Year Award series. Do you ďŹ ll fulďŹ lled at 70? Partially, because there is no end to fulfillment. I feel there is still much I can do. I feel a certain sense of wanting to take young people, like my personal assistant, and making him on a path that puts him better than I am. So, in terms of fulfillment as a person, I do not think there is anything extraordinary about
what I have achieved. Anybody who has had the same exposure that I have had, the same opportunities that I have had, may easily have done a lot more things than I have done and that moderates my sense of accomplishment. But, have I felt satisfied? I think it is other people who would make that assessment not myself. As far as I am concerned, I am just my ordinary self. There is nothing extraordinary about me. For some years now Nigeria has not made remarkable progress in the discovery of new oil ďŹ elds. Have the explorationists gone to sleep? What is really responsible for that? To make new discoveries, which by implication of your question, brings about additional reserves for the country, you have to invest in exploration activities. To invest in exploration activities, you need to have substantial risk capital which does not exist. So, the reason why we have not been able to discover new fields is simply because the size of exploration activities has shrunken over time. And the reason why that has happened is because, nobody is spending risk capital. In the days when I worked in Shell, there was a very substantial budget for exploration year in year out because you must find oil to increase reserves. If you do not and you are just developing the reserves that you have, you will be depleting your reserve. And I think somewhere along the line, it has greatly become a guiding principle that this country is not spending enough on oil and gas exploration. There has to be a specific and deliberate dispensation that if you find
new reserves then you would be incentivised further to do other things. That used to be in the past. What is your advice to young Nigerian oil and gas professionals? Very simply, be focused, be determined to succeed, and whenever you have the opportunity, do things properly. Where do you see the Nigerian oil and gas industry in the next 50 years? In the next 50 years, if militancy continues, there is only one thing that can happen, the industry becomes drought and I take the case of Ogoni land as example. See what has happened to Ogoni land. In the last 20, 30 years, nothing has happened. So imagine a spread of Ogoni land in Nigeria. In terms of my prediction for the future, the government has to create an enabling environment for business and ideas to flourish. If that happens, then I would say in the next 20 to 50 years, the sector should grow faster than it is today. What I expect to find in the next 20 to 50 years is an energy independent Nigeria. A country where we produce all our oil and gas, we refine it locally and we would not have to export one single barrel of crude oil a day. That is the country that I am hoping to see and that should be the case until we can give products to everybody in the country after which, we can go back to our old way of producing and exporting, and that is the Nigeria that I hope to see, an energy independent country. Is it possible? My answer is yes.
Flutterwave Bags ISO Certifications Ugo Aliogo
Flutterwave has been awarded ISO 27001 and 22301 certifications by the International Standards for Organisation in Switzerland. Following the successful completion of the certification process in 2018, Flutterwave was officially awarded the certificates recently. Speaking at an event in Lagos recently, the Chief Executive Officer, Flutterwave, Olugbenga Agboola, said the certificate was a testament of the company’s security globalisation focus. He also noted that as a payment company in Africa, its desire was to remain global, “and part of that requires us to also do ISO. ISO helps us to guarantee security of our information, business opportunity management principles at Flutterwave.� According to him, “The benefits is more for internal processes, to also attest to the fact that we have been able to build systems that are sustainable, also to ensure that we as a company can have continuity in business if anything happens, also because ISO is a requirement we have to fulfil as a global company. “We are not trying to be local, we are global company. Being means doing what companies in the UK and United States do and we are moving on that part. We want to be global in our security, information, and continuity in business. We are a company that helps companies accept money on before of it clients. We want to use this leverage on our
global consumer acquisition.� Also speaking at the event, the Chief Executive Officer, Digital Jewels, Adedoyin Odunfa, noted that the need to build cyber resilience, a fusion of information security and business continuity disciplines became imperative, “to address the downside risk associated with the adoption of technology especially for organisations built on technology such as Flutterwave.� Odunfa, after guiding Flutterwave through the endto-end accreditation journey to the PCIDSS (Payment Card Industry Data Security Standard), urged the company to further secure its information assets beyond the cardholder data scope of PCIDSS alongside building resilience into its processes. She added that building resilience would be achieved by developing an integrated management system comprising an information security management system based on the ISO27001 Standard and a business continuity management system based on the ISO22301 Standard. The ISO 27001 is awarded to organisations that prove that they have systems in place to maintain, establish and continually improve their information security management system within the organisation. ISO 22301 certifications are awarded to businesses that have passed the requirements to show that they are capable of planning and establishing a business management system within the context of their industry.
COURTESYVISIT
L-R: Finance Director, Neimeth, Mr. Chris Mmeje; Managing Director/CEO, Neimeth, Matthew Azoji; President, Pharmaceutical Society of Nigeria, (PSN), Mazi Sam Ohuabunwa, and Secretary, Emeka Duru, during a courtesy visit of the PSN to Neimeth’s office in Lagos‌recently
Microsoft Opens Africa Development Centre in Lagos, Nairobi Emma Okonji Microsoft has announced the opening of its African Development Centre in Lagos-Nigeria and Nairobi-Kenya, with an estimated combined investment of $100 million in both centres, in their first five years of operation. The centre according to Microsoft, would be a premier centre of engineering, where world-class Nigerian talent would be recruited to create innovative solutions for global impact. The technology centre is a single development centre with initial sites in Lagos, Nigeria and Nairobi, Kenya, and will be initially housed within existing Microsoft offices in both Lagos and Nairobi, with plans to expand them to new purpose-built facilities soon.
The centre is expected to afford Nigerian talent the opportunity to work on cutting-edge technology suitable for Nigeria and the rest of the world, reinforcing the country’s position as a leading regional digital innovation hub. By the end of 2019, Microsoft intends to recruit 100 full-time engineers across the two technology centres, with plans to increase the headcount to more than 500 engineers by the end of 2023. The African Development Centre (ADC), is the latest in Microsoft’s ongoing investments in Africa, enabling digital transformation, bridging gaps in infrastructure, connectivity and capability while creating sustained societal impact on the continent. With the ADC, Microsoft is seeking engineering talent
in Artificial Intelligence (AI), Machine Learning and mixed reality. Although the initial team of recruited engineers have started work at the centre, Microsoft said its website remained open to receive more applications for further recruitment. Executive Vice President at Microsoft, and sponsor of the ADC, Phil Spencer, said: “The ADC will be unlike any other existing investment on the continent. It will help us better listen to our customers, develop locally and scale for global impact. Beyond that, it’s an opportunity to engage more with local partners, academia, governments and developers – driving impact and innovation in sectors important to Africa.� To support the development of the required skills at the ADC centre, Microsoft is also
partnering local universities to create a modern intelligent edge and cloud curriculum, unique to Africa. Graduates from top Nigerian engineering universities will have access to the ADC to build relevant and meaningful careers in data science, AI, mixed reality, application development and more. Professor of Computer Science, Federal University of Technology, Akure (FUTA), Professor Kayode Alese, said: “For more than 20 years I have taught computer science to enthusiastic African students, but still Africa has been referred to as the last technology frontier. The fact Microsoft has taken the giant step of setting up its first development centre in Nigeria is a testament to the huge talent base that exists in our academic institutions.�
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T H I S D AY • TUESDAY MAY 21, 2019
PROPERTY & ENVIRONMENT
29 Contestants Jostle for $100,000 Nigeria Prize for Science in Search of Climate Change Solutions
Bennett Oghifo Twenty-nine scientists are presently embroiled in a winner-takes-it-all contest to ÀQG ORQJ ODVWLQJ VROXWLRQV WR FKDOOHQJHV RI HURVLRQV GURXJKWV DQG GHVHUWLÀFDWLRQ SODJXLQJ GLͿHUHQW SDUWV RI WKH FRXQWU\ This is what the contest is DOO DERXW LQ WKH HGLWLRQ RI 7KH 1LJHULD 3UL]H IRU 6FLHQFH VSRQVRUHG E\ 1LJHULD /1* /LPLWHG 1/1* ZKLFK KDV SXW RQ WKH WDEOH D FDVK SUL]H RI 7KH VFLHQFH SUL]H ÀUVW DZDUGHG LQ LV QRZ LQ LWV WK \HDU DQG DGGLWLRQDOO\ 1/1* KDV EURDGHQHG WKH VFRSH RI WKH FRQWHVWDQWV WR LQFOXGH SHRSOH IURP DOO RYHU WKH ZRUOG QRW MXVW IRU 1LJHULDQV 'HWDLOV RQ WKH SUL]H FRQWHVW ZHUH UHYHDOHG ODVW ZHHN GXULQJ WKH KDQGRYHU RI WKH HQWULHV WR WKH $GYLVRU\ %RDUG RI WKH SUL]H 7KLV DFWLYLW\ VLJQLÀHV WKH EHJLQQLQJ RI WKH MXGJLQJ SURFHVV ZKLFK ZLOO FXOPLQDWH LQ WKH DQQRXQFHPHQW RI D ZLQQHU :KLOH KDQGLQJ RYHU WKH HQWULHV WR WKH $GYLVRU\ %RDUG FKDLUHG E\ 3URIHVVRU $OIUHG $NSRYHWD 6XVX 1/1*·V &RUSRUDWH &RPPXQLFDWLRQV DQG 3XEOLF $ͿDLUV 0DQDJHU $QG\ 2GHK VDLG ´7KH EXVLQHVV RI VFLHQWLÀF LQQRYDWLRQ and research is not an easy WDVN DQ\ZKHUH LQ WKH ZRUOG ,Q 1LJHULD LW LV HYHQ PRUH GLIÀFXOW EHFDXVH RI WKH SDXFLW\ RI UHVHDUFK IXQGV DQG WKH UHVXOWLQJ LQFUHDVLQJ ODFN RI LQWHUHVW µ
R-L: Chairman, Advisory Board of $100,000 The Nigeria Prize for Science, Professor Alfred Akpoveta Susu; NLNG manager for Corporate Communications and Public Affairs, Andy Odeh; and Chairperson, Panel of Judges, Professor Deborah Ajakaiye, receiving the 2019 entries on Climate Change: Erosion, Droughts and Desertification from Prof. Susu at Eko Hotel & Suites, VI, Lagos… recently
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IFMA, LASIAMA Commemorate 2019 World FM Day
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29
T H I S D AY • TUESDAY MAY 21, 2019
PROPERTY & ENVIRONMENT
Stakeholders Gather for Vulture Conservation in Nguru Bennett Oghifo The representatives of Hunters’ Association, Farmers’ Association, Herders’ Association (Miyetti Allah), Traditional Medicine Practitioners (trado-medics), Heads of political wards and community women leader gathered last week to discuss threats against vultures and solutions to tackle the challenge in Yobe State. The meeting opened with an introductory remark from 1&) 3URMHFW 2΀FHU +DUU\ Hanson who highlighted the threats against vultures in the northern Nigeria, calling on all in attendance to rise up to stop the killing of vultures for sale and belief-based uses. “Angulu (vulture) is going into extinction because of killings here and there. If we don’t stop the killing and make use of alternatives, in the next few years, we won’t have Angulu here again� he said. Dr. Sulaiman Mohammed, a Biological Science Lecturer
from the Federal University Dutse, Jigawa State, educated the listeners more on the importance of conserving vultures; the health DQG HFRQRPLF EHQHĂ€WV WR WKH people in the community and northern Nigeria as a whole; cultural and historical importance to the future generation and as well as cleanliness of the environment. He said “If the only thing we see in vultures is the opportunity to make money by killing and selling it, using it for ritual and traditional medicines, we are only destroying our lives and future as absence of vultures around us leads to critical diseases and dirty environmentâ€? Representing the Emir of Nguru, Alhaji Lawan Modu, the Village Head of Dumsai Community appealed to NCF not to make this kind of meeting D RQH RÍż HYHQW EXW D UHJXODU event to sustain the enlightenment campaign. He also urged that there should be a follow-up action
immediately in order to make the points raised sink down into the people. “If there are no activities that will follow this programme, people will forget the talk and continue to do what they like,� he said. Alh. Goni, the Secretary of Trado-medics, pledged his association’s support to the conservation of vultures and other bird species and encouraged his members to make use of the alternative cure to the use of Vulture. A drama group engaged by WKH 1&) 3URMHFW 2΀FH SHUIRUPHG excellently on the subject matter. The drama depicts activities of hunters and herbalist against vultures and reason there must be shift from the use of vultures for the belief-based and illegal trade in the species. The “Town Hall Meeting� was held in the palace of the village head of Garbi, a wetlands community of Nguru. In attendance was Alhaji Ladan Galadima, Chairman,
NCF Promoters Committee, Yobe State; Mallam Garba Lawan Goma, a retired Permanent Secretary, Yobe State Ministry of Agriculture; Alhaji Mamuda Danjaji, Coordinator, Wetlands Development Initiative, Yobe State and Mr. Alhassan Baba, Reality Model School Conservation Club Coordinator, Nguru. Meanwhile, Harry Hanson led a team to pay courtesy visit to the Emir of Nguru, Alhaji Mustapha Ibn Maikyari, who revealed that he had raised the issue of reviving Hadejia-Nguru Wetlands (HNW) with the Governor-elect of Yobe State, Mohammed Buni. He said he requested from Buni to make HNW one of his top priority during his tenure. The Emir received NCF’s team with enthusiasm and promised to continue to work for the betterment of the environment. In the team was Mr. Oladapo Soneye of NCF, Dr. Sulaiman Mohammed of Federal University of Dutse and Abubakar Galadima of NTA
Damaturu. Also recently, NCF in partnership with Birdlife International Africa, launched a United States Fish and Wildlife Service (USFWS)-funded 2-year project tagged “Combatting the West African Illegal Trade in Threatened Vultures and their parts for Belief-based use.â€? NCF hosted some stakeholders at Lekki Conservation Centre in a Project Inception and Induction Workshop to discuss the project, unveil Celebrity Vulture AmbasVDGRU DQG SUHVHQWHG LWV HÍżRUWV Birdlife International’s and other partners’ in combatting Illegal Wildlife Trade (IWT). This followed an earlier two-day internal planning with the NCF and BirdLife Project Implementation Team to review the workplan and stakeholders involvement in the delivery of the project. Dr Muhtari Aminu-Kano, Director-General of NCF, in his welcome address, said that vultures were being “actively
harvestedâ€? in Nigeria and across Africa for various mystical reasons DQG WKDW HÍżRUWV ZHUH RQ E\ 1&) to tackle the menace. He further revealed that the Foundation was carrying out awareness campaign among trado-medics on herbal alternatives to vulture parts as well as seeking collaboration with security agencies on law enforcement. He said “Vultures are very important, they are our unpaid sanitary inspectors, some people call them garbage collectors, but they are beyond just collectors, they actually clean up the environment and prevent us from having deadly diseases. They prevent the proliferation of pests because they eat up carcasses. If vultures go into extinction then we are in trouble, it means that there will be diseases, there will be deaths, there will be revenue loss to the country and also we will deprive future generations of knowing that vultures ever existed.â€? Dr Joseph Onoja, NFC’s Techni-
AfDB Approves EUR 90 million to support Kenya’s Mortgage Refinance Company
The Board of the African Development Bank has approved a EUR 90 million loan to support the establishment of the Kenya 0RUWJDJH 5HÀQDQFH &RPSDQ\ .05& WR DLG DFFHVV WR DͿRUGDEOH mortgage loans by lower and middle income households. The AfDB, which announced this in a statement, said the .05& LV D QRQ %DQN ÀQDQFLDO institution designed to provide long-term funding and capital market access to local lenders, including commercial banks, and Savings and Credit Cooperative 2UJDQL]DWLRQV WR KHOS FRQVROLGDWH the East African nation’s growing GRPHVWLF PRUWJDJH ÀQDQFH PDUNHW The Kenyan government, through the central bank, is setting up the KMRC as part of initiatives to overhaul and stimulate the demand and supply balance in the housing DQG PRUWJDJH ÀQDQFH PDUNHW according to the statement. It said the Bank’s intervention LV LQ OLQH ZLWK LWV à DJVKLS +LJK V
Participants at the Nguru meeting
Cyclone Fani: The Untold Story
$ 'RZQ 7R (DUWK PDJD]LQH investigation points to an emerging threat facing the world’s vulnerable regions – climate change is changing the chemistry of cyclones in ways we do not understand yet. At speeds which are almost impossible to tackle Despite being better prepared this time, experts were left guessing by Fani about its trajectory till 24 hours before landfall. Cyclones are becoming more unpredictable and hence, deadlier. A slowing down of wind speeds across the world is said to be one of the key reasons. “All these years, we have been talking and warning persistently about the increasing intensity and ferocity of extreme weather events like cyclones, brought about by climate change. What we have now started noticing is another extremely disturbing trend – that of cyclones becoming more and more unpredictable in the way they travel. This has serious implications for our disaster preparedness. Our latest cover investigation in Down To Earth, with Cyclone Fani as its backdrop, delves into the proverbial eye of the storm to understand and demystify this phenomenon,� explains Sunita Narain, editor of Down To Earth, the environment, health and development fortnightly published from New Delhi. $FFRUGLQJ WR WKH PDJD]LQH )DQL was the second severe cyclone to have formed in April and
made a landfall in India in the last 128 years; usually, cyclonic disturbances over the Bay of Bengal have been recorded in May or after the monsoons. “But this was not the only aspect that made Fani unique,â€? reports the PDJD]LQH As it moved landwards, Fani unexpectedly overturned the India Meteorological Department’s (IMD) forecasts a few times. On April 29, the IMD had forecast that Fani would intensify into a ‘very severe cyclone’ in the next 24 hours – Fani reached that level in just half the predicted time, prompting the IMD to change its forecasts. Again, the cyclone reached Puri at 8.30 AM on May 3, well ahead of the initially predicted WLPH RI ÂśDIWHUQRRQ¡ 7KH PDJD]LQH says IMD was forced to change its predictions about Fani no less than nine times. “There is a trend that is becoming evident here,â€? says Down To Earth managing editor Richard Mahapatra. “Cyclones Titli, Luban and Ockhi, which happened over 2017 and 2018, KDG DOVR Ă XPPR[HG VFLHQWLVWV DQG experts with their extremely erratic behaviour.â€? Why is this happening? One of the main reasons behind the increasing fury of cyclones is the fact that oceans are heating up. Rising ocean temperatures lead to seawater expansion and to rising sea levels. Higher sea levels
mean cyclones start at a height, putting coastal and low-lying areas at risk. But there are other factors LQĂ XHQFLQJ F\FORQHV DQG ZLQG SDWWHUQV ² YHU\ GL΀FXOW WR SUHGLFW – are becoming a critical deciding element. Wind systems either slow down or change directions, triggering unpredictability in cyclones. These systems remain one of the least understood aspects of climate science. According to Josef Aschbacher, director of the Earth Observation Programme at the European Space Agency (whom WKH PDJD]LQH TXRWHV ´7KH :RUOG 0HWHRURORJLFDO 2UJDQL]DWLRQ KDV LGHQWLĂ€HG WKH ODFN RI GLUHFW JOREDO ZLQG SURĂ€OH PHDVXUHPHQWV DV D PDMRU GHĂ€FLW LQ WKH FXUUHQW *OREDO Observing System.â€? Experts say that winds across the world are slowing down close to the land surface, in a phenomenon known as ‘stilling’. Rapid urbanisation is one of the reasons for this loss of speed, they say. In her editorial on the subject in the same issue of Down To Earth, Narain writes: “Fani tells us many things. One, we must invest in the science of weather and in our governance capacity. Two, we must not count the number of tropical storms to conclude whether the world is risked or not. But most importantly, Fani teaches us that the future is even more risked and unpredictable than we imagined. It is time we woke up to this reality.â€?
DJHQGD VSHFLÀFDOO\ WKH REMHFWLYH of Improving the Quality of Life for the People of Africa. The loan ZLOO UHVXOW LQ PXOWLSOLHU HͿHFWV RQ industries related to the housing sector and creation of jobs in these value chains. The investment will complePHQW .HQ\D¡V œ%LJ ¡ DͿRUGDEOH housing national goal, and its plans to develop a self-sustaining DͿRUGDEOH PRUWJDJH PDUNHW It will also promote inclusive ÀQDQFH WKURXJK .05& ZKLOVW also assisting in creating new employment opportunities. Through the Loan, the Bank adds on its initiatives to support DͿRUGDEOH KRXVLQJ DQG GHYHORSPHQW RI PRUWJDJH ÀQDQFH institutions on the continent. As one of its priority objectives, the Bank supports investments that contribute to the widening and GHHSHQLQJ RI ÀQDQFLDO V\VWHPV LQ Africa and enabling the private sector to mobilise and access long term domestic currency funding locally.
Govts Agree Decisions to Protect People, Planet from Hazardous Chemicals, Waste
Decisions on plastic waste have been reached in Geneva, as approximately 180 governments, recently, adopted a raft of decisions aimed at protecting human health and the environment from the KDUPIXO HͿHFWV RI KD]DUGRXV chemicals and waste. Pollution from plastic waste, acknowledged as a major environmental problem of global concern, has reached epidemic proportions with an estimated 100 million tonnes of plastic now found in the oceans, 80-90% of which comes from land-based sources. Governments this week amended the Basel Convention to include plastic waste in a legally-binding framework which will make global trade in plastic waste more transparent and better regulated, whilst also ensuring that its management is safer for human health and the environment. At the same time, a new Partnership on Plastic Waste was established to mobilise business, government, academic and civil society resources, interests and expertise to assist in implementing the new measures, to provide a set of practical supports – including tools, best practices, technical DQG ÀQDQFLDO DVVLVWDQFH IRU this ground-breaking agreement. Other far-reaching decisions from the two weeks included the elimination of two toxic chemical groups, which together
total about 4,000 chemicals, listed into Annex A of the Stockholm Convention, namely Dicofol and 3HUĂ XRURRFWDQRLF $FLG DQG LWV salts and related compounds. The latter has till now been used in a wide variety of industrial and domestic applications including non-stick cookware and food processing equipment, as well as a surfactant in textiles, carpets, paper, SDLQWV DQG Ă€UH Ă€JKWLQJ IRDPV Important progress was also made under the Rotterdam Convention, which provides a legally-binding framework for information exchange and informed decision-making in WKH WUDGH RI FHUWDLQ KD]DUGRXV pesticides and industrial chemicals. Two chemicals, the pesticide phorate and the industrial chemical hexabromocyclododecane were added to Annex III of the convention, making them subject to the Prior Informed Consent Procedure, through which countries can decide on future imports of these chemicals. A further decision to approve procedures and mechanisms on compliance with the Rotterdam Convention, seen as a crucial step for further improving implementation of this key convention, was adopted with great appreciation by Parties. Working for two weeks in Geneva under the theme of “Clean Planet, Healthy People: Sound Management of Chemicals and Wasteâ€?, approximately
1,400 delegates from around 180 countries converged for the meetings of the Conferences of Parties to the Basel, Rotterdam and Stockholm conventions. 3DUWLFLSDQWV EHQHĂ€WHG IURP WKH numerous opportunities and events to exchange information on alternatives to these chemicals, as well as best practices. Speaking at the closing session of the COPs, Rolph Payet, UN Environment’s Executive Secretary of the three conventions for, said that “I’m proud that this week in Geneva, Parties to the Basel Convention have reached agreement on a legally-binding, globally-reaching mechanism for managing plastic waste. Plastic waste is acknowledged as one of the world’s most pressing environmental issues, and the fact that this week close to 1 million people around the world signed a petition urging Basel Convention Parties to take action here in Geneva at the COPs is a sign that public awareness and desire for action is high. “We were able to list two out of 7 candidate chemicals and will continue working closely with parties to identify feasible DOWHUQDWLYH VROXWLRQV WR KD]DUGRXV pesticides, taking due account of food security and market access aspects,â€? added Hans Dreyer, UN )RRG DQG $JULFXOWXUH 2UJDQL]Dtion’s Executive Secretary of the Rotterdam Convention.
30
T H I S D AY Ëž Ëœ Í°ÍŻËœ 2019
BUSINESS/MONEYGUIDE
Stakeholders Drum Support for Agency Banking Emma Okonji Stakeholders in the financial technology (fintech) space and the Central Bank of Nigeria (CBN), have called for increased adoption of agency banking in the country. The Deputy Governor in charge of Financial Systems Stability at CBN, Mrs. Aishah Ahmad, who reiterated the central bank’s commitment to the successful implementation of agent banking in Nigeria, emphasised that the CBN’s commitment was geared towards the reduction of the current financial exclusion rate to 20 per cent, and the achievement of the Financial System Strategy (FSS 2020) goal. Ahmad, made the disclosure through her representative, the Director, Payment System Management at the CBN, Mr. Sam Okojere, during the 7th edition of PoS Innovation Summit, which held recently in Lagos. Managing Director of Global Accelerex, Mr. Tunde Ogungbade,
maintained that access to financial services to the underserved and most vulnerable in society would help them step out of poverty and reduce inequality in the society. He reminded delegates that, “it is not the obligation of government alone to help bring about financial inclusion, but also of every entrepreneur and business entity, whose participation is critical in creating that desired change in the cashless ecosystem.� The theme of the PoS Innovation Summit, “Agent Banking Deployment to Reach the Last Mile�, provided the appropriate discussion platform for keynote speakers and the general audience. From several deliberations, it remained obvious to all delegates that collaboration in the sector was a key success factor for the topic above. During the live demonstration of Accelerex Agent Network Platform (ANP), a product developed for agency banking
business by Global Accelerex, the Acting Managing Director of Nigeria Interbank Settlement System (NIBSS), Mr. Niyi Ajao, said: “With the security, flexibility and management features on the platform, agent banking business will be easier and more convenient.� Guests were able to make withdrawals and initiate transfers on the platform, while beneficiaries confirmed receipt of such monies, lending credence to some of the unique features of ANP, which are instant transaction notification, instant value and same-day settlement. The high point of the event was the unveiling of Global Accelerex’s new brand identity. Speaking on the essence of the brand restage, Executive Director, Business Development and Operations at Global Accelerex, Kayode Ariyo, disclosed that it signified a renewed and re-energised company, dedicated to exceeding customers’ payment expectations in Nigeria and across Africa.
L-R: Executive Head, Marketing Old Mutual Nigeria, Alero Ladipo; Chief Operating Officer, Newhomes.ng, Idris Etti; Director Afreal Limited, Brian Hammond and Chairman, Afreal Limited, Prof. Chris Ogbechiei, during a press briefing to announce the partnership between Old Mutual Nigeria and Newhomes.ng in Lagos...recently
MARKET INDICATORS MONEY AND CREDIT STATISTICS
W’Bank Gives Nigeria 30 Years to Repay $350m Rural Power Fund Chineme Okafor in Abuja
Nigeria will have about 30 years to repay the World Bank the $350 million it borrowed from it to fund the expansion of access and supply of electricity to rural communities, educational institutions and underserved micro, small and medium enterprises (MSMEs) in the country under the Nigerian Electrification Project (NEP). THISDAY gathered from the Bank that the country would, however, get an initial five years’ grace on the repayment of the loan which was approved in June 2017, by the Bank, to be disbursed through it International Development Association (IDA) credit window. According to the fact sheet on the loan, the NEP is to be managed by the Rural Electrification Agency (REA) and will leverage private sector investments in solar mini grids and standalone solar systems to provide electricity to about 2.5 million people and 70,000
MSMEs. It will also fund the provision of reliable electricity to seven universities and two teaching hospitals under the Energising Education Programme (EEP). “The program will help increase access to electricity services for households, public educational institutions, and underserved micro, small and medium enterprises,� said the fact sheet in its description. According to it, the project comprises of four components, with the first component being, solar hybrid mini grids for rural economic development which will be implemented under a market-based private sector led approach to construct, operate, and maintain economically viable mini grids. This it added will be supported by subsidies that reduce initial capital outlays. “It consists of minimum subsidy tender for mini grids; and performancebased grants program,� it noted. The second component of the NEP, it explained would be stand-alone solar systems for
homes and MSMEs with the intention to significantly increase the market for stand-alone solar systems in Nigeria in order to provide access to electricity to more than one million Nigerian households and MSMEs at lower cost than their current means of service such as small diesel generating sets. “It consists of market scaleup challenge grants; and performance-based grants,� the fact sheet added. It said the third component of the NEP which is the energising education objective, will provide reliable, affordable, and sustainable power to public universities and associated teaching hospitals, while the fourth component will be technical assistance designed to build a framework for rural electrification upscaling, support project implementation as well as broad capacity building in the REA; Nigerian Electricity Regulatory Commission (NERC); Ministry of Power, Works, and Housing; and other relevant stakeholders in the industry.
Estate Developers Highlight
Money Supply (M3)
31,794,803.44
-- CBN Bills Held by Money Holding Sectors
6,333,064.28
Money Supply (M2)
25,461,739.17
-- Quasi Money
14,773,076.98
-- Narrow Money (M1)
10,688,662.18
---- Currency Outside Banks
1,711,763.59
---- Demand Deposits
8,976,898.59
Net Foreign Assets (NFA)
18,990,400.78
Net Domestic Assets(NDA)
12,804,402.66
-- Net Domestic Credit (NDC)
26,062,986.22
---- Credit to Government (Net)
2,980,229.66
---- Memo: Credit to Govt. (Net) less FMA
7,093,619.43
---- Memo: Fed. and Mirror Accounts (FMA)
-4,144,571.43
---- Credit to Private Sector (CPS)
23,082,756.56
--Other Assets Net
13,258,583.57
Reserve Money (Base Money
6,811,192.37
--Currency in Circulation
2,100,129.91
--Banks Reserves
4,366,259.05
Month
March 2018
Inter-Bank Call Rate
15.16
Minimum Rediscount Rate (MRR)
Investment Opportunities at Yaba
14.00
Treasury Bill Rate
11.84
Wahab Akintunde
Savings Deposit Rate
4.07
1 Month Deposit Rate
8.82
3 Months Deposit Rate
9.72
6 Months Deposit Rate
10.93
12 Months Deposit Rate
10.21
Prime Lending rate
17.35
Maximum Lending Rate
31.55
Yaba, an area located on the mainland of Lagos State is attracting investors and real estate developers in droves for five strategic reasons. The Director at Prindex Properties, Tolu Bawa-Allah, who disclosed this, listed its proximity to other areas in Lagos mainland and Victoria Island as one geographic feature that endears Yaba to a teeming number of working class people. “It has a high density of middle income earners who work on the Island but seek relatively upscale yet affordable residential accommodation on the mainland that is as close as possible to the Island. “Average commute time from Yaba to the Island is less than 35 minutes depending on traffic flow. This timing still works
is why Prindex Properties situated the about to be unveiled residential project called 30/32 apartments. “Thirty/thirty-two apartments are a residential apartment block of double bedroom apartments in Yaba, Lagos. “The blocks of 30/32 apartments is a contemporary residential scheme of high-quality build, making a remarkable impression in this area. The unique design is an L-shaped block of ground and 3 suspended floors. The building will consist of 18 number 2-bedroom services apartments. “Yaba is home to several federal government institutions, which include the Nigerian Institute of Medical Research, Igbobi College, among others. Yaba has one of the busiest market sites in Lagos, known as Tejuosho Market, Nigeria.�
Ëž Ă™Ă&#x;ĂœĂ?Ă? Ě‹
Money Market Indicators (in Percentage)
Monetary Policy Rate (MPR)
relatively well compared to other parts of Lagos,� he said in a chat with THISDAY. Also, Yaba, according to him, has been identified as the pulse of enlightenment in Lagos state as it it boasts of the highest density of tertiary education institutions and technological renaissance than any state in Nigeria. These include University of Lagos, Yaba College of Technology, Queen’s College amongst others Bawa-Allah also described Yaba as the second only area in Lagos State with relics that still tell the rich stories of the colonial era and Old Lagos. “From iconic monuments and buildings such as Jaekel house, the railway headquarters to the strong and enduring colonial style of real estate that still dot the streets of Yaba. “These and some other reasons
(MILLION NAIRA)
NOVEMBER 2018
Ëž Ă™Ă˜Ă?ĂžĂ‹ĂœĂŁ ÙÖÓĂ?ĂŁ Ă‹ĂžĂ? Ě‹ ͯ͹Ϲ
OPEC DAILY BASKET PRICE Ëœ ÍŻÍ´ Ͱ͎ͯ͡
The price of OPEC basket of fourteen crudes stood at $72.57 a barrel on Friday, compared with $72.61 the previous day, according to OPEC Secretariat calculations. The OPEC Reference Basket of Crudes (ORB) is made up of the following: Saharan Blend (Algeria), Girassol (Angola), Djeno (Congo), Oriente (Ecuador), ZaďŹ ro (Equatorial Guinea), Rabi Light (Gabon), Iran Heavy (Islamic Republic of Iran), Basra Light (Iraq), Kuwait Export (Kuwait), Es Sider (Libya), Bonny Light (Nigeria), Arab Light (Saudi Arabia), Murban (UAE) and Merey (Venezuela).
SOURCE: OPEC headquarters, Vienna
31
T H I S D AY Ëž Ëœ Í°ÍŻËœ Ͱ͎ͯ͡
MARKET NEWS
AIICO Shareholders Approve N416m Dividend as Firm Promises Higher Returns Goddy Egene Shareholders of AIICO Insurance Plc yesterday approved the payment of dividend of N415.81 million declared by the company for the financial year ended December 31, 2018. The dividend translated to six kobo per share. The company grew its profit after tax (PAT) by 146 per cent from N1.3 billion to N3.1 billion for the year ended December
31, 2018 and in line with its progressive dividend policy, the board recommended a 20 per cent increase in dividend payout, which the shareholders approve at the 49th annual general meeting (AGM) in Lagos. The Chairman of AIICO Plc, Mr. Bukola Oluwadiya, told the shareholders at the AGM in Lagos that board had decided to move to a progressive dividend policy to deliver superior returns
P R I C E S MAIN BOARD
F O R DEALS
to its shareholders. “Our plan is to maintain or grow the ordinary dividend per share over time depending on business performance, growth projects and regulatory solvency requirement,� he said. He said that the company during the period under review recorded growth in major business lines. He said that net asset value increased by 39.4 per cent to N15.2 billion from N10.9 billion
S E C U R I T I E S MARKET PRICE
QUANTITY TRADED
VALUE TRADED ( N )
in the corresponding period of 2017, while total assets rose by 19 per cent to N109 billion against N92 billion in 2017. “We will continue to strengthen our balance sheet and build a strong financial base needed to propel our company to the next phase of growth,� he added. In his remarks, Managing Director/CEO of AIICO Plc, Mr. Edwin Igbiti, a company, “we
T R A D E D MAIN BOARD
A S
are in the business of bringing relief to our esteemed clients in times of losses. This is evidenced by over 25 per cent growth in gross claims from N23.3 billion in 2017 to N29.1 billion in 2018. From this amount, about 76 per cent was for benefits and claims payment in our Life business with the remaining 24 per cent incurred in the non-life business.� According to him, the strategic intent of the company over the next five years was to
O F
regain market leadership through rapid and profitable growth. Igbiti disclosed that AIICO company had redesigned it’s goto-market strategy and realigned organisation structure to a reflect customer centric strategy. He said that the company would streamline and leverage capabilities across the group to grow market share, increase shareholder value and build customer centric capabilities for superior service delivery.
2 0 / 0 5 / 2 0 1 9 DEALS
MARKET PRICE
QUANTITY TRADED
VALUE TRADED ( N)
˾ TUESDAY, MAY 21, 2019
32
Tuesday, May 21, 2019 Thisday Afrinvest 40 Index Declines 30bps
THISDAY AFRINVEST 40 INDEX
Yesterday, the Thisday Afrinvest 40 Index declined 30bps to ƐĞƩůĞ Ăƚ ϭ͕ϯϭϱ͘ϯϵ ŽŶ ƚŚĞ ďĂĐŬ ŽĨ ůŽƐƐĞƐ ŝŶ GUARANTY (Ϭ͘ϳйͿ͕ ACCESS (-ϱ͘ϰйͿ ĂŶĚ WAPCO (-Ϯ͘ϵйͿ͘ dŚĞƐĞ ƐƚŽĐŬƐ
Fundamental Performance Metrics for THISDAY AFRINVEST 40 Index
ĐƵŵƵůĂƟǀĞůLJ ĂĐĐŽƵŶƚ ĨŽƌ Ϯϯ͘ϵй ŽĨ ƚŚĞ ŝŶĚĞdž͘
ƋƵŝƟĞƐ DĂƌŬĞƚ ^ƵƐƚĂŝŶƐ 'ĂŝŶƐ͙ NSE ASI up 1.74%
The local ďŽƵƌƐĞ ŽƉĞŶĞĚ ƚŚĞ ǁĞĞŬ ƐƵƐƚĂŝŶŝŶŐ ƚŚĞ ƉŽƐŝƟǀĞ ŵŽŵĞŶƚƵŵ ǁŝƚŶĞƐƐĞĚ ĨƌŽŵ ƚŚĞ ƉƌĞǀŝŽƵƐ dŚƵƌƐĚĂLJ ƚƌĂĚŝŶŐ session ĂŌĞƌ ƚŚĞ ůŝƐƟŶŐ ŽĨ DdEE ŽŶ ƚŚĞ EŝŐĞƌŝĂŶ ^ƚŽĐŬ džĐŚĂŶŐĞ͘ dŚƵƐ͕ ƚŚĞ E^ ůů ^ŚĂƌĞ /ŶĚĞdž ; ^/Ϳ ƌŽƐĞ ϭϳϰďƉƐ ƚŽ
Ticker
Current Price
THISDAY AFRINVEST 40
ϲ͘ϱй͘ ŽŶƐĞƋƵĞŶƚůLJ͕ ŝŶǀĞƐƚŽƌƐ ŐĂŝŶĞĚ EϮϮϬ͘ϭďŶ ĂƐ ŵĂƌŬĞƚ ĐĂƉŝƚĂůŝƐĂƟŽŶ
ŝŶĐƌĞĂƐĞĚ
ƚŽ
EϭϮ͘ϵƚŶ͘
dŚĞ
ƉŽƐŝƟǀĞ
ƉĞƌĨŽƌŵĂŶĐĞ ĐĂŶ ďĞ ĂƩƌŝďƵƚĞĚ ƚŽ ŐĂŝŶƐ ŝŶ DdEE ;нϭϬ͘ϬйͿ͕ E' D ;нϭ͘ϭйͿ ĂŶĚ GUINNESS ;нϯ͘ϬйͿ͘ ,ŽǁĞǀĞƌ͕ ĂĐƟǀŝƚLJ ůĞǀĞů ǁĂƐ ŵŝdžĞĚ ĂƐ ǀŽůƵŵĞ ƚƌĂĚĞĚ ĨĞůů ϭϱ͘Ϭй ƚŽ Ϯϭϯ͘ϴ͘Ϭŵ ƵŶŝƚƐ ǁŚŝůĞ ǀĂůƵĞ ƚƌĂĚĞĚ ƐƵƌŐĞĚ ϰϰ͘ϰй ƚŽ Eϳ͘ϵďŶ͘ DdEE ;ϱϭ͘ϰŵ ƵŶŝƚƐͿ͕ & N, ;ϭϳ͘ϱŵ ƵŶŝƚƐͿ ĂŶĚ UBA ;ϭϳ͘Ϯŵ ƵŶŝƚƐͿ ǁĞƌĞ ƚŚĞ ƚŽƉ ƚƌĂĚĞĚ ƐƚŽĐŬƐ ďLJ ǀŽůƵŵĞ ǁŚŝůĞ DdEE ;Eϲ͘ϮďŶͿ͕ GUARANTY ;Eϰϲϰ͘ϱŵͿ ĂŶĚ NIGERIAN
BREWERIES ;EϯϬϳ͘ϴŵͿ ůĞĚ ƚŚĞ ƚŽƉ ƚƌĂĚĞĚ ƐƚŽĐŬ ďLJ ǀĂůƵĞ͘
Price Change Index to Date
ROE
ROA
P/E
P/BV
Divindend Earnings Yield Yield
1,315.39
-0.30%
-10.4%
31.5%
17.0%
6.3%
4.8x
0.7x
6.2%
15.5%
1 Guaranty Trust Bank PLC
30.40
-0.7%
19.0%
-11.8%
-11.9%
33.1%
5.3%
4.5x
1.5x
9.0%
22.0%
2 Zenith Bank PLC
19.65
0.3%
11.9%
-14.8%
-5.3%
24.7%
3.2%
3.3x
0.8x
14.2%
30.3%
178.00
1.1%
9.5%
-6.2%
-4.3%
40.1%
21.8%
8.0x
2.9x
9.0%
12.5%
1,430.00
0.0%
8.8%
-3.7%
-3.1%
81.2%
27.4%
24.0x
18.0x
4.4%
4.2%
62.50
0.0%
5.0%
-26.9%
-18.3%
9.5%
4.4%
28.6x
2.9x
3.9%
3.5%
7.00
0.0%
5.2%
-11.9%
-12.5%
10.0%
1.1%
4.2x
0.5x
3.7%
23.8%
13.90
0.0%
3.6%
-28.4%
-28.4%
4.7%
4.3%
4.0x
0.5x
2.9%
24.8%
6.00
0.0%
3.8%
-22.1%
-23.1%
15.5%
1.7%
2.5x
0.4x
14.2%
39.2%
19.8%
3 Dangote Cement PLC 4 Nestle Nigeria PLC 5 Nigerian Brew eries PLC 6 FBN Holdings Plc 7 Cement Co Northern Nigeria PLC
ƐĞƩůĞ Ăƚ Ϯϵ͕ϯϳϰ͘ϰϳ ƉŽŝŶƚƐ ǁŚŝůĞ zd ƌĞƚƵƌŶ ŵŽĚĞƌĂƚĞĚ ƚŽ -
Price Previous Current Change Price Weightin YTD Change g
8 United Bank for Africa PLC 9 International Brew eries PLC 10 SEPLAT Petroleum Development C
20.00
0.0%
2.6%
-34.4%
-36.5%
-23.8%
-3.2%
520.00
0.0%
3.2%
-18.8%
-16.2%
10.1%
6.3%
5.1x
0.5x
3.5% 8.2%
11 Access Bank PLC
4.9x
-1.8%
6.10
-5.4%
3.4%
-10.3%
-6.2%
22.2%
2.1%
1.6x
0.4x
10.00
0.0%
2.3%
-28.6%
-30.1%
15.3%
1.2%
2.8x
0.4x
13 Stanbic IBTC Holdings PLC
44.05
0.0%
2.7%
-8.1%
-5.1%
30.3%
4.6%
6.6x
1.7x
3.4%
14 Unilever Nigeria PLC
32.00
0.0%
2.4%
-13.5%
-13.5%
12.7%
7.7%
17.9x
2.2x
5.0%
5.6%
15 Lafarge Africa PLC
10.20
-2.9%
1.5%
-18.1%
-15.0%
-53.7%
-7.9%
0.7x
14.3%
-61.7% 5.9%
12 Ecobank Transnational Inc
64.4% 35.6% 15.1%
16 Guinness Nigeria PLC
50.50
3.0%
1.0%
-29.9%
-29.9%
6.8%
3.7%
16.9x
1.3x
3.6%
17 Okomu Oil Palm PLC
74.00
0.0%
1.4%
-2.9%
-2.9%
21.0%
16.0%
11.7x
2.4x
4.5%
8.6%
18 Total Nigeria PLC
162.00
0.0%
1.2%
-20.2%
-20.2%
19.3%
4.5%
9.5x
1.8x
10.6%
10.6%
19 11 PLC
170.00
0.0%
1.3%
-8.4%
-8.4%
38.0%
16.8%
5.7x
1.9x
4.9%
17.6%
15.50
-1.3%
0.9%
-32.9%
-30.2%
6.6%
2.0%
7.2x
0.4x
6.5%
14.0%
21 Oando PLC
4.70
-2.1%
1.2%
-6.0%
-2.1%
14.3%
2.5%
2.1x
0.3x
22 Fidelity Bank PLC
1.73
0.6%
1.1%
-14.8%
-14.8%
12.7%
1.4%
2.1x
0.2x
6.4%
48.4%
20 Flour Mills of Nigeria PLC
46.9%
23 Transnational Corp of Nigeria
1.24
0.0%
1.0%
-6.1%
-1.6%
19.3%
4.3%
4.6x
0.7x
2.5%
21.6%
24 Dangote Sugar Refinery PLC
13.40
-1.5%
0.9%
-12.1%
-9.5%
22.3%
12.6%
6.7x
1.5x
8.2%
14.9%
2.1x
25 Diamond Bank PLC
DŝdžĞĚ WĞƌĨŽƌŵĂŶĐĞ WĞƌĨŽƌŵĂŶĐĞ ĂĐƌŽƐƐ ƐĞĐƚŽƌƐ ǁĂƐ ŵŝdžĞĚ ĂƐ Ϯ ŽƵƚ ŽĨ ϱ ŝŶĚŝĐĞƐ ƵŶĚĞƌ ŽƵƌ ĐŽǀĞƌĂŐĞ ĐůŽƐĞĚ ŝŶ ƚŚĞ ŐƌĞĞŶ͘ ĂƌŐĂŝŶ ŚƵŶƟŶŐ ŝŶ E D ;нϳ͘ϯйͿ ĂŶĚ LINKASSURE ;нϵ͘ϭйͿ ĚƌŽǀĞ ƚŚĞ /ŶƐƵƌĂŶĐĞ ŝŶĚĞdž ŚŝŐŚĞƌ ďLJ ϭ͘ϴй͘ ^ŝŵŝůĂƌůLJ͕ ƚŚĞ ŽŶƐƵŵĞƌ 'ŽŽĚƐ ŝŶĚĞdž ŵĂƌŐŝŶĂůůLJ ƌŽƐĞ ϰďƉƐ ŽŶ ĂĐĐŽƵŶƚ ŽĨ ƵƉƟĐŬ in GUINNESS ;нϯ͘ϬйͿ ĂŶĚ DANGFLOUR ;нϭ͘ϮйͿ͘ KŶ ƚŚĞ ŽƚŚĞƌ ŚĂŶĚ͕ ƚŚĞ ĂŶŬŝŶŐ ĂŶĚ Kŝů Θ 'ĂƐ ŝŶĚŝĐĞƐ ƐŚĞĚ ϭ͘ϭй ĂƉŝĞĐĞ ĂƐ Ă ƌĞƐƵůƚ ŽĨ sell-ŽīƐ ŝŶ ACCESS (-ϱ͘ϰйͿ͕ GUARANTY (-Ϭ͘ϳйͿ ĂŶĚ FORTE (ϵ͘ϵйͿ͕ ǁŚŝůĞ ƚŚĞ /ŶĚƵƐƚƌŝĂů 'ŽŽĚƐ ŝŶĚĞdž ĚŝƉƉĞĚ ϰďƉƐ
26 FCMB Group Plc
1.66
7.1%
0.6%
-12.2%
-7.8%
8.8%
1.2%
27 UAC of Nigeria PLC
7.25
-0.7%
0.4%
-25.6%
-24.1%
-7.9%
-3.6%
2.30
-8.0%
0.7%
21.1%
21.1%
9.3%
0.9%
7.1x
0.6x
0.0%
0.4%
-9.4%
-9.4%
37.0%
24.8%
2.3x
0.7x
3.5%
30 NASCON Allied Industries PLC
17.95
0.0%
0.4%
-0.3%
-0.3%
32.2%
12.9%
11.7x
3.8x
5.6%
31 Forte Oil PLC
25.55
-9.9%
0.3%
-11.0%
-8.8%
48.9%
7.4%
32 Union Bank of Nigeria PLC
6.80
-2.9%
0.4%
21.4%
21.4%
6.6%
1.2%
11.9x
0.9x
33 Julius Berger Nigeria PLC
23.00
0.0%
0.3%
14.4%
4.1%
19.9%
2.3%
4.7x
0.9x
34 PZ Cussons Nigeria PLC
ƚŚĞ ŐĂŝŶĞƌƐ ƚŽĚĂLJ ǁĞƌĞ D E/ ,K>^ ;нϭϬ͘ϬйͿ͕ DdEE ;нϭϬ͘ϬйͿ ĂŶĚ d,KD ^tz ;нϵ͘ϳйͿ ǁŚŝůĞ FORTE (-ϵ͘ϵйͿ͕
ĞdžƉĞĐƚ ƚŚĞ ŵĂƌŬĞƚ ƚŽ ƐƵƐƚĂŝŶ ŝƚƐ ďƵůůŝƐŚ ƌƵŶ ůĂƌŐĞůLJ ĚƵĞ ƚŽ ƚŚĞ
8.4% 8.7%
21.5%
0.0%
0.2%
-29.8%
-30.9%
0.8x
1.8%
0.2%
-2.4%
-2.4%
68.7%
31.5%
11.5x
7.2x
8.5%
8.7%
36 Wema Bank PLC
0.63
1.6%
0.2%
0.0%
0.0%
7.3%
0.7%
6.6x
0.5x
4.8%
15.2%
37 Beta Glass PLC
69.70
0.0%
0.2%
2.0%
2.0%
21.1%
14.7%
6.4x
1.2x
1.9%
15.5%
38 Dangote Flour Mills Plc
16.35
1.2%
0.4%
138.7%
147.7%
-15.8%
-5.1%
2.6x
1.2%
-6.9%
39 Transcorp Hotels Plc
5.40
0.0%
0.1%
-11.5%
-9.2%
6.0%
3.2%
12.0x
0.7x
2.8%
40 AXA Mansard Insurance PLC
1.80
0.0%
0.1%
-1.6%
-1.6%
11.0%
3.1%
7.9x
0.9x
T o p 10 T r a d e s b y V o l u m e
T o p 10 G a i n e r s P ric e
P ric e C hg %
T ic k er
Vo lum e
P ric e C hg % 10.0%
0.55
10.0%
M TNN
51.4
119.75
10.0%
FB NH
17.5
0.0%
T H OM A SWY
0.34
9.7%
UB A
17.2
0.0%
LIVEST OC K
0.70
9.4%
NA HCO
15.8
-0.6%
LIN KA SSUR E
0.48
9.1%
GUA R A N T Y
15.2
-0.7%
UN ION D A C
0.25
8.7%
A C C ESS
15.1
-5.4%
N EM
2.36
7.3%
Z EN IT H B A N K
12.7
0.3%
FCM B
1.66
7.1%
UA C N
9.6
-0.7%
A IIC O
0.69
6.2%
FCM B
8.4
7.1%
J A IZ B A N K
0.50
4.2%
ST ER LN B A N K
7.7
-8.0%
T o p 10 T r a d e s b y V a l u e
T o p 10 L o s e r s T ic k er
P ric e
P ric e C hg %
T ic k er
Value
FO
25.55
-9.9%
M TNN
6155.3
10.0%
2.38
-9.8%
GUA R A N T Y
464.5
-0.7%
ET R A N Z A C T
8.3% 12.7%
P ric e C hg %
ƐƚƌŽŶŐ ŝŶǀĞƐƚŽƌƐΖ ŝŶƚĞƌĞƐƚ ŝŶ ƚŚĞ ŚŝŐŚůLJ ĂƩƌĂĐƟǀĞ DdEE ƐƚŽĐŬ͘
N EIM ET H
0.56
-8.2%
NB
307.8
0.0%
͘
ST ER LN B A N K
2.30
-8.0%
Z EN IT H B A N K
249.6
0.3% 0.0%
Afrinvest West Africa Limited
8.5% -8.2%
0.0%
ETRANZACT (-ϵ͘ϴйͿ ĂŶĚ E /D TH (-ϴ͘ϮйͿ ǁĞƌĞ ƚŚĞ ǁŽƌƐƚ ƉĞƌĨŽƌŵĞƌƐ͘ &ŽůůŽǁŝŶŐ ƚŽĚĂLJΖƐ ƉŽƐŝƟǀĞ ƉĞƌĨŽƌŵĂŶĐĞ͕ ǁĞ
2.0x
43.7%
8.50
M TNN
ŽŶ &ƌŝĚĂLJ ĂƐ ϭϳ ƐƚŽĐŬƐ ĂĚǀĂŶĐĞĚ ĂŐĂŝŶƐƚ ϮϬ ĚĞĐůŝŶĞƌƐ͘ >ĞĂĚŝŶŐ
14.1%
34.00
35 Chemical and Allied Products P
M C N IC H OLS
;ĂĚǀĂŶĐĞͬĚĞĐůŝŶĞ ƌĂƟŽͿ ƐŽŌĞŶĞĚ ƚŽ Ϭ͘ϵdž ĨƌŽŵ ϭ͘Ϭdž ƌĞĐŽƌĚĞĚ
48.1% -27.0%
58.00
T ic k er
/ŶǀĞƐƚŽƌ ƐĞŶƟŵĞŶƚ ĂƐ ŵĞĂƐƵƌĞĚ ďLJ ƚŚĞ ŵĂƌŬĞƚ ďƌĞĂĚƚŚ
8.4% 8.7%
29 Presco PLC
28 Sterling Bank PLC
ĨŽůůŽǁŝŶŐ ůŽƐƐĞƐ ŝŶ WAPCO (-Ϯ͘ϵйͿ ĂŶĚ CUTIX (-ϭ͘ϳйͿ͘
/ŶǀĞƐƚŽƌ ^ĞŶƟŵĞŶƚ ^ŽŌĞŶƐ
0.2x 0.4x
A C C ESS
6.10
-5.4%
FB NH
122.2
M B EN EF IT
0.21
-4.5%
UB A
103.2
0.0%
R OYA LEX
0.23
-4.2%
A C C ESS
95.7
-5.4%
J A P A ULOIL
0.25
-3.8%
UA C N
70.2
-0.7%
WA P C O
10.20
-2.9%
N EST LE
63.3
0.0%
UB N
6.80
-2.9%
NA HCO
49.9
-0.6%
Brokerage
Asset Management
Investment Research
Ayodeji Ebo | aebo@afrinvest.com
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33
TUESDAY, MAY 21, 2019 ˾ T H I S D AY
MARKET NEWS
Oando, Access Bank, Others Move to Solve Humanitarian Challenges Goddy Egene The collaboration of Oando Plc, Access Bank Plc and other private sector operators with the United Nations and Nigerian Humanitarian Fund(UNNHF)) initiative to solve the ongoing humanitarian crisis in North-east of Nigeria has started to yield significant results. The HHF was created in 2017 to
provide an opportunity for donor countries to pool their contributions to tackle the humanitarian challenges brought by the Boko Haram attacks. To amplify the humanitarian assistance, UNNHF Private Sector Initiative (PSI) was launched last November in Lagos. The NHF-PSI enables the private sector to join donor countries in pooling donations and resources
A Mutual fund (Unit Trust) is an investment vehicle managed by a SEC (Securities and Exchange Commission) registered Fund Manager. Investors with similar objectives buy units of the Fund so that the Fund Manager can buy securities that willl generate their desired return. An ETF (Exchange Traded Fund) is a type of fund which owns the assets (shares of stock, bonds, oil futures, gold bars, foreign currency, etc.) and divides ownership of those assets into shares. Investors can buy these ‘shares’ on the
together to create a more collaborative and effective response to the ongoing humanitarian crisis in North-east Nigeria. The NHF-PSI is made up of 14 leading private sector companies in different sectors of the economy. Oando Plc and Seplat Petroleum Development Company Plc are from the oil and gas industry, while Access Bank Plc, Ecobank Nigeria
floor of the Nigerian Stock Exchange. A REIT (Real Estate Investment Trust) is an investment vehicle that allows both small and large investors to part-own real estate ventures (eg. Offices, Houses, Hospitals) in proportion to their investments. The assets are divided into shares that are traded on the Nigerian Stock Exchange. GUIDE TO DATA: Date: All fund prices are quoted in Naira as at 17May-2019, unless otherwise stated.
Plc, First Bank Plc and Zenith Bank Plc are from the banking sector among others. Since the start of the Boko Haram more than 27,000 people have been killed in the three North-eastern states, millions of people are in Internally Displaced Camps (IDPs). To assess the situation, Group Chief Executive Officer of Oando Plc, Mr. Wale Tinubu, on May 14,
2019, led a delegation that included Managing Director of Access Bank Plc, Herbert Wigwe, and United Nations Humanitarian Coordinator for Nigeria, Edward Kallon, among others, on a tour of two IDP camps in Maiduguri, Borno. Speaking on the development, Tinubu said: “This initiative is about Nigerians helping each other. Today, I have witnessed
some of the most vulnerable people; women and children in the most dire circumstances. Having seen the magnitude of their humanitarian needs it is obvious that it is not a task that the government or any one agency can take on alone. We as private sector leaders, have a collective responsibility to lend our diverse resources to alleviate the suffering of our fellow Nigerians.”
Offer price: The price at which units of a trust or ETF are bought by investors. Bid Price: The price at which Investors redeem (sell) units of a trust or ETF. Yield/Total Return: Denotes the total return an investor would have earned on his investment. Money Market Funds report Yield while others report Year- to-date Total Return. NAV: Is value per share of the real estate assets held by a REIT on a specific date.
DAILY PRICE LIST FOR MUTUAL FUNDS, REITS and ETFS MUTUAL FUNDS / UNIT TRUSTS AFRINVEST ASSET MANAGEMENT LTD aaml@afrinvest.com Web: www.afrinvest.com; Tel: +234 1 270 1680 Fund Name Bid Price Offer Price Yield / T-Rtn Afrinvest Equity Fund 148.04 149.77 -5.99% Afrinvest Plutus Fund 100.00 100.00 8.11% Nigeria International Debt Fund 276.47 276.47 1.19% ALTERNATIVE CAPITAL PARTNERS LTD info@acapng.com Web: www.acapng.com, Tel: +234 1 291 2406, +234 1 291 2868 Fund Name Bid Price Offer Price Yield / T-Rtn ACAP Canary Growth Fund 0.87 0.88 4.06% ACAP Income Funds 0.63 0.63 13.09% AIICO CAPITAL LTD ammf@aiicocapital.com Web: www.aiicocapital.com, Tel: +234-1-2792974 Fund Name Bid Price Offer Price Yield / T-Rtn AIICO Money Market Fund 100.00 100.00 13.32% AIICO Balanced Fund 2.29 2.31 3.11% ARM INVESTMENT MANAGERS LTD enquiries@arminvestmentcenter.com Web: www.arm.com.ng; Tel: 0700 CALLARM (0700 225 5276) Fund Name Bid Price Offer Price Yield / T-Rtn ARM Aggressive Growth Fund 15.58 16.05 -6.07% ARM Discovery Fund 345.40 355.81 -3.15% ARM Ethical Fund 28.98 29.86 2.63% ARM Money Market Fund 1.00 1.00 13.04% AXA MANSARD INVESTMENTS LIMITED investmentcare@axamansard.com Web: www.axamansard.com; Tel: +2341-4488482 Fund Name Bid Price Offer Price Yield / T-Rtn AXA Mansard Equity Income Fund N/A N/A N/A AXA Mansard Money Market Fund N/A N/A N/A CAPITAL EXPRESS ASSET AND TRUST LIMITED info@capitalexpressassetandtrust.com Web: www.capitalexpressassetandtrust.com ; Tel: +234 803 307 5048 Fund Name Bid Price Offer Price Yield / T-Rtn CEAT Fixed Income Fund 1.81 1.81 13.94% CHAPELHILL DENHAM MANAGEMENT LTD investmentmanagement@chapelhilldenham.com Web: www.chapelhilldenham.com, Tel: +234 461 0691 Fund Name Bid Price Offer Price Yield / T-Rtn Chapelhill Denham Money Market Fund 100.00 100.00 13.98% Paramount Equity Fund 11.98 12.17 1.81% Women's Investment Fund 105.90 106.44 2.20% CORDROS ASSET MANAGEMENT LIMITED assetmgtteam@cordros.com Web: www.cordros.com, Tel: 019036947 Fund Name Bid Price Offer Price Yield / T-Rtn Cordros Money Market Fund 100.00 100.00 12.74% Cordros Milestone Fund 2023 98.93 99.39 Cordros Milestone Fund 2028 98.87 99.18 CORONATION ASSEST MANAGEMENT investment@coronationam.com Web:www.coronationam.com , Tel: 012366215 Fund Name Bid Price Offer Price Yield / T-Rtn Coronation Money Market Fund 1.00 1.00 11.89% Coronation Balanced Fund 0.83 0.84 Coronation Fixed Income Fund 1.20 1.20 6.71% EDC FUNDS MANAGEMENT LIMITED mutualfundng@ecobank.com Web: www.ecobank.com Tel: 012265281 Fund Name Bid Price Offer Price Yield / T-Rtn EDC Nigeria Money Market Fund Class A N/A N/A N/A EDC Nigeria Money Market Fund Class B N/A N/A N/A FBNQUEST ASSET MANAGEMENT LTD invest@fbnquest.com Web: www.fbnquest.com/asset-management; Tel: +234-81 0082 0082 Fund Name Bid Price Offer Price Yield / T-Rtn FBN Fixed Income Fund 1,186.99 1,187.82 6.34% FBN Heritage Fund 142.62 143.59 -0.11% FBN Money Market Fund 0.00 0.00 0.00% FBN Nigeria Eurobond (USD) Fund - Institutional 0.00 0.00 -96.82% FBN Nigeria Eurobond (USD) Fund - Retail 0.00 0.00 -96.81% FBN Nigeria Smart Beta Equity Fund 140.23 142.22 -6.51% FIRST CITY ASSET MANAGEMENT LTD fcamhelpdesk@fcmb.com Web: www.fcamltd.com; Tel: +234 1 462 2596 Fund Name Bid Price Offer Price Yield / T-Rtn Legacy Money Market Fund 1.00 1.00 11.28% Legacy Debt Fund 3.39 3.39 4.60% Legacy Equity Fund 1.13 1.15 -7.49% Legacy USD Bond Fund 1.05 1.05 1.81% FSDH ASSET MANAGEMENT LTD coralfunds@fsdhgroup.com Web: www.fsdhaml.com; Tel: 01-270 4884-5; 01-280 9740-1 Fund Name Bid Price Offer Price Yield / T-Rtn Coral Growth Fund 2,960.65 2,989.84 -0.80% Coral Income Fund 2,889.76 2,889.76 5.48% GREENWICH ASSET MANAGEMENT LIMITED assetmanagement@gtlgroup.com Web: www.gtlgroup.com ; Tel: +234 1 4619261-2 Fund Name Bid Price Offer Price Yield / T-Rtn Greenwich Plus Money Market Fund 100.00 100.00 11.92% Nigeria Entertainment Fund 108.09 108.45 0.49% GROWTH & DEVELOPMENT ASSET MANAGEMENT LIMITED assetmanagement@gdl.com.ng Web: www.gdl.com.ng ; Tel: +234 9055691122 Fund Name Bid Price Offer Price Yield / T-Rtn GDL Money Market Fund 10.00 10.00 12.86%
INVESTMENT ONE FUNDS MANAGEMENT LTD enquiries@investment-one.com Web: www.investment-one.com; Tel: +234 812 992 1045,+234 1 448 8888 Fund Name Bid Price Offer Price Yield / T-Rtn Abacus Money Market Fund 100.00 100.00 12.03% Vantage Balanced Fund 2.12 2.14 -1.23% Vantage Guaranteed Income Fund 1.00 1.00 14.90% Kedari Investment Fund (KIF) 130.01 130.09 4.02% LOTUS CAPITAL LTD fincon@lotuscapitallimited.com Web: www.lotuscapitallimited.com; Tel: +234 1-291 4626 / +234 1-291 4624 Fund Name Bid Price Offer Price Yield / T-Rtn Lotus Halal Investment Fund 1.18 1.20 3.01% Lotus Halal Fixed Income Fund 1,097.90 1,097.90 5.18% MERISTEM WEALTH MANAGEMENT LTD info@meristemwealth.com Web: http://www.meristemwealth.com/funds/ ; Tel: +234 1-4488260 Fund Name Bid Price Offer Price Yield / T-Rtn Meristem Equity Market Fund 10.65 10.74 -7.39% Meristem Money Market Fund 10.00 10.00 12.16% PAC ASSET MANAGEMENT LTD info@pacassetmanagement.com Web: www.pacassetmanagement.com/mutualfunds; Tel: +234 1 271 8632 Fund Name Bid Price Offer Price Yield / T-Rtn PACAM Balanced Fund 1.26 1.29 3.01% PACAM Fixed Income Fund 11.40 11.46 2.52% PACAM Money Market Fund 10.00 10.00 12.93% SCM CAPITAL LIMITED info@scmcapitalng.com Web: www.scmcapitalng.com; Tel: +234 1-280 2226,+234 1- 280 2227 Fund Name Bid Price Offer Price Yield / T-Rtn SCM Capital Frontier Fund 120.25 120.63 -0.47% SFS CAPITAL NIGERIA LTD investments@sfsnigeria.com Web: www.sfsnigeria.com, Tel: +234 (01) 2801400 Fund Name Bid Price Offer Price Yield / T-Rtn SFS Fixed Income Fund 1.02 1.02 5.21% STANBIC IBTC ASSET MANAGEMENT LTD assetmanagement@stanbicibtc.com Web: www.stanbicibtcassetmanagement.com; Tel: +234 1 280 1266; 0700 MUTUALFUNDS Fund Name Bid Price Offer Price Yield / T-Rtn Stanbic IBTC Balanced Fund 2,341.31 2,353.02 1.14% Stanbic IBTC Bond Fund 201.10 201.10 5.76% Stanbic IBTC Ethical Fund 0.91 0.91 -4.21% Stanbic IBTC Guaranteed Investment Fund 254.09 254.12 4.82% Stanbic IBTC Iman Fund 157.12 158.79 -3.72% Stanbic IBTC Money Market Fund 100.00 100.00 12.67% Stanbic IBTC Nigerian Equity Fund 7,988.23 8,076.11 -5.95% Stanbic IBTC Dollar Fund (USD) 1.11 1.11 2.37% UNITED CAPITAL ASSET MANAGEMENT LTD unitedcapitalplcgroup.com Web: www.unitedcapitalplcgroup.com; Tel: +234 803 306 2887 Fund Name Bid Price Offer Price Yield / T-Rtn United Capital Balanced Fund 1.19 1.20 -0.05% United Capital Bond Fund 1.70 1.70 6.37% United Capital Equity Fund 0.68 0.69 -3.76% United Capital Money Market Fund 1.00 1.00 13.09% United Capital Eurobond Fund 110.61 110.61 3.12% United Capital Wealth for Women Fund 1.12 1.13 2.72% QUANTUM ZENITH ASSET MANAGEMENT & INVESTMENTS LTD service@quantumzenithasset.com.ng Web: www.quantumzenith.com.ng; Tel: +234 1-2784219 Fund Name Bid Price Offer Price Yield / T-Rtn Zenith Equity Fund 10.64 10.80 -2.69% Zenith Ethical Fund Zenith Income Fund Zenith Money Market Fund
11.91 21.78 1.00
12.04 21.78 1.00
-0.28% 12.87% 12.01%
REITS NAV Per Share
Yield / T-Rtn
5.40 120.61 52.31
-44.85% 2.45% 1.10%
Bid Price
Offer Price
Yield / T-Rtn
9.56 100.33 81.13
9.66 102.45 82.62
-9.37% -14.47% -8.51%
Fund Name FSDH UPDC Real Estate Investment Fund SFS Skye Shelter Fund Union Homes REIT
EXCHANGE TRADED FUNDS Fund Name Lotus Halal Equity Exchange Traded Fund SIAML Pension ETF 40 Stanbic IBTC ETF 30 Fund
VETIVA FUND MANAGERS LTD Web: www.vetiva.com; Tel: +234 1 453 0697 Fund Name Vetiva Banking Exchange Traded Fund Vetiva Consumer Goods Exchange Traded Fund Vetiva Griffin 30 Exchange Traded Fund Vetiva Industrial Goods Exchange Traded Fund Vetiva S&P Nigeria Sovereign Bond Exchange Traded Fund
funds@vetiva.com Bid Price
Offer Price
Yield / T-Rtn
3.52 6.38 13.15 10.44 155.35
3.56 6.46 13.25 10.64 157.35
-11.87% -16.20% -11.97% -15.39% 8.17%
NAV Per Share
Yield / T-Rtn
106.90
17.40%
INFRASTRUCTURE FUND Fund Name Chapel Hill Denham Nigeria Infrastructure Debt Fund
The value of investments and the income from them may fall as well as rise. Past performance is a guide and not an indication of future returns. Fund prices published in this edition are also available on each fund manager’s website and FMAN’s website at www.fman.com.ng. Fund prices are supplied by the operator of the relevant fund and are published for information purposes only.
TUESDAY MAY 21, 2019 ˾ T H I S D AY
34
NEWSEXTRA
FEC Approves New Import Tariffs on Goods from African Countries Omololu Ogunmade in Abuja The Federal Executive Council (FEC) yesterday in Abuja approved 0.2 per cent import rate on cost, insurance and freight on goods coming into Nigeria from African countries. Briefing journalists at the end of the meeting, the Minister of Finance, Mrs. Zainab Ahmed, said the levy was meant to enhance sustainable financing of membership subscription in the African Union (AU). According to her, certain imports are exempted from the new levy, which she listed to include goods coming into Nigeria outside the coverage of AU; goods coming into the country for aids and goods coming from non-member countries. Ahmed also said bearing in mind that accruals from this levy will exceed Nigeria’s subscription in the AU, the remaining profit will be deposited in the Central Bank of Nigeria (CBN) and subsequently deployed to finance Nigeria’s subscription to other international organisations such as the World Bank and African Development Bank. She said: “The Federal Executive Council meeting approved a new import levy for sustainable financing of Nigeria’s
membership subscription in the African Union. It approved a rate of 0.2 percent as a new import levy on cost, insurance, and freight (CIF) that will be charged on imports coming into Nigeria but with some exceptions. “The exceptions include goods originating from outside the territory of member countries that are coming into the country for consumptions. It also includes goods that are coming in for aid and goods that are originating from non-member countries but are imported through specific financing agreements that ask for such kinds of exemptions. “It also exempts goods that have been ordered and are under importation process before the scheme was announced into effect. The purpose of this new levy is to enable the African Union member countries pay on a sustainable basis their subscriptions to African Union. “The council also approved that for Nigeria, knowing that what will accrue from this new levy will be more than what is required as subscriptions to the African Union, the balance that will be left will be put in a special account in the Central Bank of Nigeria and will be used to finance her subscriptions to multilateral organisations as the
World Bank, African Development Bank, Islamic Development Bank and institutions like that. And if there is any excess left from that in the revenue pool, it will be used to financed the budget.” The minister also said the council approved the constitution of a steering committee to be chaired by Vice President Yemi Osinbajo to handle the design and implementation of a national single window, which she said would be a web portal for the integration “of all government
agencies that are operators, that are implementers in the port business or trading in the port system.” According to her, “the trading platform will enable better efficiency of port operations and we project that it will significantly increase government revenues.” She also said the council approved the extension of CBN intervention for continued support to the power sector, particularly the generation arm of the sector. “This is based on a
commitment that we signed into as a country, where we have several guarantees to the generation companies (Gencos) to bridge any gap that they have after the Nigerian Bulk Electricity Trading Plc (NBET) has settled them,” she explained. FEC also approved nine memoranda of understanding from the Minister of Federal Capital Territory (FCT), Mohammed Bello, for the provision of various infrastructure in the FCT.
According to the minister, the infrastructure include: the rehabilitation of failed walkways within the Wuse District at the cost of N1.9 billion with a completion period of 12 months; the preparation of electricity master plan for Phase IV of Abuja at the cost of N189 million with a completion of ten months and the design of infrastructure for institution and research district in phase III of Abuja at the cost of N197 million, among others.
Ohanaeze Scribe Backs Amaechi on Igbo Presidency The Secretary-General of Ohaneze Ndigbo, Uche Okwukwu, has supported Minister of Transportation, Rotimi Amaechi, on his stance on Igbo presidency, asserting that Ndigbo should forget seeking the presidency in 2023. In a statment signed by Okwukwu and made available to THISDAY yesterday, he noted that “I read with studied silence the regrettable and unfortunate statement credited to the Secretary of the Ohaneze Youth Council (OYC), Mazi Okwu Nnabuike, which was solely aimed at discrediting the personality of Amaechi, an illustrious Igbo son, a patriot, nationalist and presently the Transportation Minister. “Amaechi predictable assertion that Ndigbo had by an act of omission or commission shot themselves out of the presidency in 2023 is nothing but the truth.” He went ahead to explain that “to the best of my knowledge as the Secretary General of Ohanaeze Ndigbo, the suspended President General, Chief John Nwodo, betrayed Amaechi and the Igbo race as he (Nwodo) had earlier spoken with and agreed with him(Amaechi) that Ohanaeze Ndigbo will be neutral by not endorsing any candidate for the presidential election. In 2015 Ohanaeze took this path and failed.” Okwukwu said Ndigbo should place the blame on the suspended leadership of “Nwodo and the likes of Nnabuike who purportedly endorsed Alhaji Atiku Abubakar without affording Amaechi, then Director General of Buhari campaign organisation, the opportunity to present the reasons for the president’s bid for a second term. “Unknown to the likes of Nnabuike, Amaechi, Ngige, Dr.
Ogbonnaya Onu and other Igbo sons and daughters in the All Progressives Congress (APC) are great Igbo patriots and true nationalists.” Giving reasons for backing Amaechi, Okwukwu pointed out that “Amaechi and his fellow patriots had argued that it was better for Ndigbo to vote massively for President Muhammadu Buhari to provide them the space to politically and morally demand an Igbo president in 2023.” According to him, “If Atiku had won will Nnabuike be asking for the presidency in 2023? The obvious answer is no. Amaechi as governor of Rivers State (2007– 2015) took practical steps to uplift Ndigbo in the state.” He said: “It is on record that he is the first governor to appoint an Igbo man and a non-indigene of Rivers State as a commissioner, Mr. Chuma Chinye, who was them the Commissioner for Commerce and Industry. “Amaechi also abolished discriminatory fees in all schools and provided a window that made all qualified residents in the state to seek employment into the state civil service, and Igbo benefited immensely from that policy.” Okwukwu argued that “Amaechi cannot determine the politically future of Ndigbo alone, but hem as an Igbo man and other progressives can influence the political future of Ndigbo. “He has the political and strategic experience and had commanded a campaign organisation twice and secured victory twice, while Nnabuike and his likes had blindly endorsed failure twice. Amaechi and others deserves an apology from Nnabuike and his co-travellers.”
NATURAL DISASTER…
Trees falling on cars during heavy rainfall on Alfred Rewane Road in Ikoyi, Lagos…yesterday
Agbakoba Calls for Accountability of Public Funds at LG Human rights activist and Senior Advocate of Nigeria (SAN), Mr. Olisa Agbakoba, has called for more accountability of public funds at the local government level. In a statement signed by his Media Assistant, Niyi Odunmorayo, Agbakoba noted that funds running into trillions of naira were unaccounted for. According to the statement, Agbakoba had filed a suit at
the Federal High Court, to stop the allocation of public funds to unelected and unaccountable local government councils. It further explained that the basis of the case is that Section 7(1) of the 1999 Constitution guarantees a system of democratically elected government councils, but local government councils in Nigeria are never elected and are unconstitutional.
“Allocation of public funds to them is a violation of the constitution, as there is collusion with state governments in the use of trillions of naira of public funds. “The current situation where most of the 774 local government areas are unelected is not only unconstitutional but meant no development at the local governments,” the statement said.
Although the Federal High Court denied the case, it appears that Agbakoba’s concerns have found support with guidelines recently issued by the Nigerian Finance Intelligence Unit (NFIU). The new NFUI guidelines direct state governors and local governments to follow the constitution regarding disbursement of local government funds.
A’Ibom PDP Debunks Akpabio’s Claim of Expulsion from Party Okon Bassey in Uyo The Akwa Ibom State chapter of the Peoples Democratic Party (PDP) yesterday debunked the claim by the former Senate Minority Leader, Godswill Akpabio, that he was expelled from the party before joining the All Progressives Congress (APC). The state Publicity Secretary of the party, Ini Ememobong, gave the clarification at a press conference held at the party secretariat at Edet Akpan Avenue in Uyo, the state capital. In a statement tagged: ‘Akpabio’s alleged expulsion: when shamelessness becomes
habitual’, the state PDP said: “We make bold to state that at no time was Akpabio suspended or expelled from the party.” The PDP noted that the senator had announced to the world on August 8, 2018, that he was defecting from the PDP to the APC in pursuit of national interest and to stem the tide of defections at the National Assembly. “In fact, at different campaigns, he mocked the PDP as being empty since his uncommon defection. At no time did he mention the issue of expulsion, which has now become his creation as a lame defence to keep his seat in the Senate,”
the party said. According to the PDP, “Akpabio had conspired with Ntiedo Usoro, the then chapter Chairman of Essien Udim to illegally write a letter of expulsion to him and back date same. The said Ntiedo, having completed his assignment, later defected and joined Akpabio in the APC. “This ignoble comedy which has been taken beyond sanity limit is most condemnable and dishonorable. It is indicative of the total exit of honour from a man whom many erroneously held in high esteem. “There is no way that Akpabio could have been expelled by the
party without the concurrence of the State Executive Committee of the party. “There is no record showing the existence of such punitive move undertaken against the senator by his ward or chapter executive council. “Expulsion is a process and not an event. We know that the disgraced senator is running from his shadows and questioning karma, as his conscience is putting him to remembrance of how he masterminded the suspension and eventual expulsion of his predecessor, Governir Victor Attah from the party(though the act was reversed by the National Executive Council of the party).
Buhari Names Yadudu as New FAAN MD President Muhammad Buhari has approved the appointment of Mr. Rabiu Yadudu as the new Managing Director of the Federal Airports Authority of Nigeria (FAAN). This is contained in a statement issued yesterday by the Deputy Director, Press and
Public Affairs of the Ministry of Transportation, Mr. James Odaudu. According to Odaudu, the new managing director, who is a Flight Captain, will take over from the erstwhile Managing Director, Mr. Saleh Dunoma, a certified engineer.
The appointment takes immediate effect. The new managing director is an International Civil Aviation Organisation (ICAO) and Airport Council International (ACI)-accredited International Airport Professional. Until his new appointment,
Yadudu was the Director of Airport Operations of FAAN. The new helmsman holds professional certifications in Avionics, Airport Safety Management Systems, Airport Security Management, Air Transport Systems Management, amongst others.
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TUESDAY MAY 21, 2019 ˾ T H I S D AY
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TUESDAYSPORTS
Group Sports Editor: Duro Ikhazuagbe Email: duro.ikhazuagbe@thisdaylive.com 08111813083
FRANCE 2019
Falcons Charged to Set New Record at Women’s World Cup African champions Super Falcons departed the shores of the country yesterday for Austria, where they will set up a two-week residential camping before flying to France for the 8th FIFA Women’s World Cup taking place between 7th June and 7th July, 2019. Before their departure, the newly-crowned WAFU Cup winners received at their Serob Legacy Hotel, Abuja abode the General Secretary of Nigeria Football Federation, Dr.
Mohammed Sanusi, Director of Competitions, Mr. Bola Oyeyode and Director of Communications, Mr. Ademola Olajire. Dr. Sanusi congratulated the ladies on triumph at the WAFU Cup tournament in Abidjan and charged them to see it as a sign of great things to come in France. “His Excellency, President Muhammadu Buhari (GCFR) has already congratulated you on your victory in Abidjan, which shows how much the
whole nation appreciates your effort. “I believe the triumph in Abidjan will spur you to greater things at the World Cup in France. As you go to Austria for the final camping programme and from there to the World Cup, I want you to go with the belief and confidence that you have the capacity to defeat any team in the world,” the NFF scribe noted.
While assuring the girls that all their entitlements before and during the FIFA World Cup will be paid by the federation, Sanusi challenged the girls to aim for a Nigerian record outing at the finals in France. It is 20 years ago that we accomplished what remains our best performance at the FIFA Women’s World Cup – a quarter final berth in USA. It is time to write a new record,
and I know that as you play Norway, Korea Republic and France in the group phase, this aspiration will be close to your hearts. “No team can browbeat you. Rather, let them fear you by the confidence and ability that you show on the pitch.” Head Coach Thomas Dennerby said he was edified by the comeback feat of the Falcons against host nation Cote d’Ivoire
in the final of the WAFU Cup on Saturday. Eight home-based players, alongside technical and administrative officials led by Coach Dennerby travelled aboard Air France flight to Paris, to connect the Austrian city of Bad Tatzmannsdorf, where they will perfect tactics and strategies at the Avita Resort before hitting France on 4th June for the World Cup finals
… Saraki Hails Falcons for Winning WAFU Cup Deji Elumoye inAbuja Senate President, Dr Bukola Saraki, has lauded the Super Falcons for lifting the 2019 WAFU Cup following their soul-lifting display in the finals of the game last Saturday in Abidjan. Saraki in a statement by his Special Adviser, Media and Publicity, Yusuph Olaniyonu, in Abuja, said the country cannot but be proud about the patriotism and resilience of its female national team. According to him, even though the victory came after a hard fight, the Super Falcons have once again re-enacted their dominance in the sub-region. “Your courage, discipline, team spirit and above all, patriotism
have brought joy and fulfillment to all football lovers across the country. “You have done us proud by remaining a source of inspiration to the younger generation. You have amply demonstrated once again that any worthy goal is achievable if pursued with focus, zeal, commitment and organisation. Your success is our success. Congratulations!” While commending the coach, players and technical crew for the exceptional feat, the Senate President expressed hope that the WAFU Cup would spur the female national team, once again, to another dazzling performance during the forthcoming FIFA Women’s World Cup Championship in France.
Super Falcons in a group photograph shortly after defeating Cote d’Ivoire 5-4 to lift the WAFU B Cup in Abidjan… last Saturday
NPFL
Relegation Battle Goes to the Wire, Kano Pillars Pick Super 6 Ticket 20 Gold Level Runners Confirmed for Okpekpe Race Fisayo Dairo
Twenty gold level running road runners will be among the elite cast of athletes confirmed for Saturday’s 7th Okpekpe International 10km Road Race in Okpekpe near Auchi, Etsako East Local Government Area of Edo State, organisers of the event have confirmed. Leading the cast of gold level running athletes are former Okpekpe race winners, Alex Korio and Simon Cheprot of Kenya. Korio won in 2015 edition (29.20) while Cheprot outran all his rivals the following year (29:47). Both are 27 minutes runners as they hold 27:48 (2017) and 27:41 (2014) respectively. “Just last June, Cheprot ran 27.44 at Oelde in Germany and looks like he will be aiming to become the first man to win two Okpekpe titles,” said Mercy Etukudo, head of secretariat for the first IAAF road running event in West Africa to be granted an IAAF label status. “We also have Taye Grima, one of the Ethiopians on board the Okpekpe train that will challenge the Kenyans for the title. He has done 28:33 this year (January) and looks to be among the on-form athletes who will be coming to rewrite the course record on Saturday,” Etukudo added. For the women, another former winner, Polline Wanjiku will be leading the charge for the title and possibly set a new course record. “Wanjiku was the winner in
2016 and ran 33 minutes, 28 seconds to win. She is one of the gold level running athletes that we hope will crack the course record on Saturday.” Etukudo is confident this year’s race will be very explosive going by the quality of athletes confirmed and reveals why organisers of the event have gone to invite as many as 20 gold level running athletes, surpassing the 12 stipulated by the IAAF. “You know we always go for the best when it comes to the organisation of the race. What we have done is unprecedented in the history of road running in Nigeria. To have as many as 20 gold level-running athletes in a road race in Nigeria is a record and at Okpekpe we always set new records. “Remember we are the first to have its course measured by an IAAF/AIMS accredited measurer. We are also the first to be granted a label status, a bronze in 2015. “We graduated to silver last year which is another first in Nigeria and the West Africa sub-region. ‘’We have confirmed 10 male athletes and 10 female gold level running athletes, five silver level and two bronze level running athletes for Saturday’s race. We have 13 with no status as well as the Nigerian elite athletes who also come under no status. We now have the perfect stage to set new marks on Saturday.
2014 Nigeria Professional Football League (NPFL) champions Kano Pillars on Monday confirmed their place in the seasonending Super Six playoff with an emphatic 3-0 drubbing of Delta Force in Kano in one of the full programme of activities on the penultimate Match-day of 2018/19 regular season. Although many other matters in the league were left unresolved until the final day, Kano Pillars’ confirmation of a top three finish and Niger Tornadoes’ relegation in Group A were settled on a day of twist-and-turns in results across the twelve match centres. In Maiduguri, FC Ifeanyiubah put themselves in pole position to join Pillars and already qualified Akwa United as Group B’s representatives with a superb 1-0 win away to El-Kanemi Warriors in a game played behind closed doors. Monday’s trend of results ensured that only Yobe Desert Stars are condemned to the second tier in Group B after Gombe United, Plateau United and Go Round FC all secured
results in their games, the latter denied by a last gasp goal at Nasarawa United. Left winger Yusuf Abdulazeez’s strike in the 72nd minute gave Gombe United a 1-0 win over Heartland at the Pantami Stadium and Ladan Bosso’s men are now within one point of their visitors going into the final day while Plateau United climbed out of the relegation zone with a comfortable 2-0 win over ten-man Yobe Desert Stars courtesy of Amos Gyang (penalty) and Godwin Obaje’s goals in each half. Go Round FC were just seconds away from achieving the best result of the Match Day but Abubakar Lawal’s 90th minute goal ensured honours were shared among both sides in a 2-2 draw. Group leaders Akwa United also left it late to deny Abia Warriors a safety net when Ocheme Edoh headed home in the 89th minute to secure a 2-2 draw for the hosts at the Nest of Champions. In Group A, striker Sikiru Alimi was once again instrumental for ‘nominal’ league champions
Lobi Stars as they endured a hard-earned 2-1 win over relegation haunted Wikki Tourists in Makurdi. Lobi needed maximum points to move within touching distance of qualification for the Super Six and they did just exactly that, once again through the help of Alimi. Ten-man Enyimba FC also moved within touching distance of qualification with a 2-0 win over Niger Tornadoes at the Enyimba Stadium in Aba, a result which confirmed the demotion of their opponents to the second tier of Nigerian football. Group A leaders Rangers International ended Rivers United’s hopes of a hopeful Top Three finish with an excruciating 1-0 defeat inflicted on Stanley Eguma’s men. Kwara United ensured they preserve their Nigeria Professional Football League (NPFL) status till the final day with an expected 2-1 win over already relegated Remo Stars. Bendel Insurance also stayed alive with a 1-0 win over ten-man Sunshine Stars in a relegation six-pointer in Benin City. Despite
putting up a defensive 5-3-2 shape, Kabiru Dogo’s Sunshine conceded within the opening four minutes through Junior Osaghae’s strike and they had no reply with their case exacerbated with a straight sending off for centre back Gabriel Olalekan late on.
MATCH-DAY 21
GROUP A Rangers 1-0 Rivers Utd Kwara Utd 2-1 Remo Stars Enyimba 2-0 Tornadoes MFM 2-1 Katsina Utd Insurance 1-0 Sunshine Lobi Stars 2-1 Wikki
GROUP B Plateau Utd 2-0 Yobe Stars Nasarawa 2-2 Go Round FC K’Pillars 3-0 Delta Force El-Kanemi 0-1 Ifeanyi Ubah Gombe Utd 1-0 Heartland Akwa Utd 2-2 A’Warriors
HotSports Wins AFCON 2019 Marketing Rights HotSports Media Group, Nigeria’s foremost marketing and production company, has won the rights to market the 32nd Africa Cup of Nations starting in Cairo, Egypt on June 21. It will broadcast on terrestrial television channels across Nigeria. This remarkable development will be sealed with the
Nigerian Television Authority (NTA) at a signing ceremony in Abuja today. The Africa Cup of Nations is the biggest football tournament in the continent which Nigerian fans look forward to perhaps, even much more than the FIFA World Cup. This year’s edition in Egypt,
which will kick off in Cairo on June 21 and run till July 19, is expected to catch the attention of billions of TV viewers in the continent and across the world with HotSports bringing all the 52 matches from the group stage to the showpiece final to the fans in their homes, viewing centres and other
relaxation spots. Announcing the decision of NTA to grant HotSports the Rights to market and broadcast the tournament, the Group CEO of HotSports Media Group, Mr Taye Ige said that Nigerian football fans and other stakeholders would have four weeks of fun watching the matches on TV.
Tuesday May 21, 2019
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Price: N250
MISSILE Governors to NFIU
“In principle, the NFIU should concentrate on its core mandate of anti-money laundering activities and combating financing terrorism as prescribed in the Act establishing it. It should desist from encroaching on or even breaching constitutional provisions” – The governors of the 36 states rejecting the financial autonomy recently granted the 774 local government areas in the country by the Nigerian Financial Intelligence Unit (NFIU).
TUESDAY WITH REUBENABATI abati1990@gmail.com
Promises and the Future: Sanwo-Olu and Other Govs-elect
B
abajide Sanwo-Olu, the Lagos State governor-elect and some of the other governors-elect across the country have been busy making promises and beating their chests out of what seems like an epileptic fit of triumphalism. I urge caution. The new wife is always tempted to put down the old wife – that is what African tradition and culture tells us and in modern politics or what we call democracy, this anthropological and cultural side of our nativist politics often shows up to remind us of the residual character of African democracy. But in the long run, the old ends up looking like the new in emergent African democracies because of the putative nature of our democratic institutions, the inchoateness of African states and institutions, the depressing crisis of democratic governance and the problematic recruitment of leadership across Africa. We are beginning to see a little of that after the 2019 general elections in Nigeria and I think concerned stakeholders should pay attention, and use some of the indications for the mapping and analysis of future outcomes. In Lagos, the Governor-elect, Babajide Sanwo-Olu has been busy making promises. Lagos is a good example to start with because it is the heart beat of the Nigerian economy. Lagos state is one of the few states in Nigeria that can pay the new national minimum wage. It is the soul of the Nigerian economy. It is one of the very few productive economies in Nigeria, capable of generating more revenue than what accrues to it from the Federation Account under the purview of section 162 of Nigeria’s 1999 Constitution as amended and altered. Sanwo-Olu, an anointed candidate of the godfathers of the All Progressives Congress (APC) in Lagos State, chosen as an alternative to an incumbent Governor who fell out of favour with the same Godfathers – the Baba so wi pe group- is a very lucky man indeed. Elections are not necessarily won in Africa on the basis of popular choice- political leaders are often anointed and brought to power by those who have mastered how to exploit the fault lines of the electoral process viz: the manipulation of electoral structures, institutions and processes, an organized, vicious disinformation process to discredit the opposition and civil society mechanisms, the manipulation and distortion of dominant narratives and the brazen abuse of the instruments of coercion. Whatever may have brought Babajide SanwoOlu to power (still under investigation), he and others in his situation should be governed or guided by the Chinua Achebe paradigm that those whose palm kernels were crushed for them by benevolent gods should learn to be humble. I see a trend: the newly elected Governors replacing the incumbents who lost out in the power game have been behaving as if they are wiser and smarter. They should be reminded that that was exactly how their would-be predecessors behaved when they displaced the incumbents that were once in office. Even at the Presidential level, those who voted for President Muhammadu Buhari thought that under his watch, the Goodluck Jonathan administration will be put to shame and that Nigeria would fare better. The indicators have shown that Nigerians were much better off under Jonathan, but I will not comment further on this, and hence return promptly to the focus of this commentary. Sanwo-Olu, the Governor-elect of Lagos State has been quoted making many promises, after the 2019 election in the spirit of the triumphalism of the moment. He says for example that he will employ graduates as BRT drivers and pay them N100, 000 as salary. Sanwoolu was speaking to his former classmates - the Executive Master
Sanwo-Olu of Business Administration class, University of Lagos, 1998/2000 set. He was asked questions by his own former classmates and all he could offer were promises. His incoming government will do this. And will do that. That is what most of these newly-elected Governors and legislators across the country have been doing. They are ever-ready with poorly considered, formulaic responses. Sanwo-Olu wants to pay drivers N100, 000? Has he checked whether or not the state can afford to do so? At the same event, Sanwo-Olu boasted that he would put an end to the traffic gridlock on the Apapa expressway within 60 days of his inauguration. He should be careful about what he promises. One of his predecessors, as Lagos Governor, Babatunde Fashola once boasted when President Jonathan was in office, that the problem of electricity supply in Nigeria could be solved within six months. God decided to put him on the spot. He has been Minister of Power for four years. He has not been able to solve the same problem. In fact, he has been having problems with the private sector stakeholders who now play a dominant role in the electricity sector. They don’t see eye to eye, in a manner of speaking. Elected and appointed persons should learn to moderate their enthusiasm. Babajide Sanwo-Olu represents a known type. The ambitious triumphalists of the psot-2019 general election in Nigeria believe, or perhaps they assume that they represent a new type, but they are at best products of an established stereotype: the same comprador-bourgeoisie responsible for the capture of the Nigerian state. But as Governor-elect of Lagos state, I want to give Babajide Sanwo-Olu of Lagos State a benefit of the doubt. For this reason: I served with him as a pioneer member of the Lagos State Security Trust Fund (2007 – 2011). Governor Babatunde Fashola was our appointor. Mr. Remi Makanjuola of Caverton Helicopters, was our Chairman. Mr Fola Arthur-Worrey, former Solicitor-General of Lagos State was the Executive Secretary of the Board. It was our remit to build the foundation of the Lagos State Security Trust Fund. That remit was based on a foundation of service and contribution. Nobody on that board ever collected a penny for serving on it. Governor Fashola did not offer a penny and we too did not ask. We had a meeting over whether or not we should collect sitting allowances. We all resolved that we did not need sitting allowances. When we held meetings, Mr Fola Arthur Worrey and Mr Makanjuola did not offer us refreshment or lunch. The Trust Fund could not afford it. We could not in good conscience ask the private sector and other stakeholders to
donate vehicles and funds for the security of the people of Lagos State and use part of that money to have lunch. Babajide Sanwoo-Olu was one of those members who supported the Chairman, Mr Makanjuola and the Executive Secretary, Fola Arthur-Worrey. He clearly understood the meaning of service and responsibility. We were all glad to serve under the leadership of Mr. Makanjuola, and happy not to use donated funds for lunch or sitting allowances. We used the donated funds to build an emergency and command centre at Alausa, to launch an emergency distress number and to provide vehicles and other facilities for the Navy, the military, the Police, neighbourhood vigilante groups and the civil defence forces in Lagos in the best interest of the people of Lagos state. We all made the sacrifice together and Sanwo-Olu was part of our team. Before then, he had served as Special Adviser and Commissioner within the Lagos State establishment and he would thereafter serve in other capacities in government. I bring this up out of the belief that Sanwoolu who has been part of the Lagos government since he was brought into the picture, from banking to public service, would remain committed to higher goals and the values of integrity. He must therefore see the need to refrain as he prepares for his inauguration on May 29 as Governor from making empty promises. He should know that he cannot fix the Apapa traffic gridlock in 60 days! He is not a professional politician. He should resist the temptation to talk like one. He must also know that the media will call him to account and will double check. His public communication managers must advise him not to make promises that he cannot keep. As Governor of Lagos State, Sanwoolu must also resist the temptation to hound his predecessor, Governor Akinwunmi Ambode. Ambode may not be so politically astute, he being a thoroughbred technocrat, but he does not deserve the punishment and the betrayal that he has experienced. Ambode was my colleague as a US Fulbright scholar- specifically the Hubert Humphrey Programme in the United States about two decades ago. The motto of the programme is: “an individual can make a difference.” There is no doubt in my mind that Governor Ambode of Lagos State has made a difference in Lagos State and in other areas of engagement. We are proud of him and I am sure the constituencies that he belongs to as a scholar and technocrat will be pleased that he has given a good account of himself. His contributions to Lagos state cannot be erased. He may have made some mistakes. SanwoOlu should not allow himself to be used as an instrument to humiliate him or embarrass him as he steps out of office. But while I have used Sanwoolu as an exemplar of the kind of promises we have been having from new Governors or even by extension, legislators-elect (one legislator-elect has promised to turn his constituency into a version of Heaven – but how, please?, how? - these shameless liars! ), it is noteworthy that even out-going Governors have been been behaving badly and making unreasonable promises. What they could not achieve in four, eight years, some of these defeated or outgoing Governors have been talking about. You know the Governors of Oyo, Ogun and Bauchi states for example. In Oyo state, Ajumobi has had the effrontery of insisting that he is the best thing that ever happened to Oyo State. In Ogun State, Governor Ibikunle Amosun has set up an official web of conspiracy around the in-coming Governor Dapo Abiodun. I have written a piece on this previously. What I got in response was an insulting and disrespectful rejoinder. I am sure
Governor Ibikunle Amosun and I will sooner or later meet at a level that is beyond politics, because when he is no longer Governor, and he is no longer in a place to deploy aides to insult me, it will be clear to him that I offered an informed and honest opinion. In due course, everything will fall into place, beyond the larger politics of Nigeria. But back to Nigeria, the worst of them of all is the departing Governor of Imo State. His name is Rochas Okorocha. He too, behaving like “the constituted authority of Oyo State” has been busy boasting that he, Rochas has achieved everything and there is nothing for his elected successor, Emeka Ihedioha to achieve anymore. We are told that the only thing left for Ihedioha to achieve is to complete a building Rochas Okorocha is yet to complete because Okrorcha has already done everything! Does that make sense? Okay, may be what is left is for Emeka Ihedioha to erect a statue of Rochas Okorocha as a befitting recognition of the legacy of a man who turned lifeless statues into a symbol of statecraft. I sympathize with the people of Imo State. And I jubilate with them. If indeed Owelle Rochas Okorocha made that statement, and he has not deemed it necessary to deny it, then nobody needs to be told that the people of Imo State made a good decision voting for Emeka Ihedioha of the Peoples Democratic Party (PDP). If I may be allowed to be partisan for a few minutes, Emeka Ihedioha is one of our own. He is a journalist. He left the newsroom and went into politics. He ended up as a Member of the House of Representatives and as deputy Speaker of that House. He has led some of the progressive causes in the making and re-making of Nigeria since 1999, and in his constituency, the media constituency, we are very proud of him and his achievements. He is a symbol and a representative for the Nigerian media community. He shares that distinction with Bala Muhammed, the Governor-elect of Bauchi state, who is also a journalist. Bala Muhammed has been a Senator of the Federal Republic. He has served as Minister of the Federal Capital Territory. He did his best as Minister. He was efficient and reasonable. But he has been much maligned by the authorities, and those committed to their own selfish interests. He has now been validated and vindicated by his own people who have moved him from grass to glory by voting for him as Governor. Here is my post-election, preliminary analysis, in this regard, in no way exhaustive or definitive- one of a series – It seems to me that most of our newly-elected representatives, Governors-elect and legislators- elect do not have any idea about democracy or the assignment that lies ahead of them and the out-going elected representatives are mentally blocked about the privileges that they have enjoyed. They are committed to their own personal interests, not the common good. The Governors just want to govern. They talk without thinking. They have no real plans. They just want power. About two or four exceptions perhaps, but for the most part, Nigerians should be concerned about this revelation. We are likely to get the same of the same. But it would help if the elected persons ahead of their inauguration, try to be sensible enough not to behave badly or make unintelligent statements or such political speech that cast doubts on their eligibility for office. They will destroy their own credibility by so doing. And it would help a great deal more if departing Governors and legislators-elect can just keep quiet too, and focus more on the common good. The election was bad enough. They should not make things worse by showing so early in the day that the people made mistakes.
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