TUESDAY 11TH JUNE 2019

With NPO’s Intervention, NBC, DAAR Resolve Dispute Regulator to lift suspension of licence AIT/Raypower to withdraw suit Olawale Ajimotokan in Abuja Major stakeholders in the media industry have brokered a truce between the National Broadcasting

Commission (NBC) and DAAR Communications Plc., owners of Africa Independent Television (AIT) and Raypower FM over the suspension of the operating licence of the

media group. At a meeting held on Sunday night in Abuja, the stakeholders resolved that NBC, which last week suspended the operating

licence of the organisation, and DAAR Communications, which approached a court for refuge, should sheathe their swords. The regulatory agency had

complained that the media group’s licence had to be suspended because of incessant infractions of the broadcasting code, saying several efforts to get the company to comply

had failed. The regulator also complained that the company was in default of payment of Continued on page 6

Mixed Reactions Greet SEC’s Suspension of Oando’s AGM…

Page 6

Tuesday 11 June, 2019 Vol 24. No 8828. Price: N250

www.thisdaylive.com TR

UT H

& RE A S O

N

Buhari Signs June 12 Bill into Law…

Page 8

APC Meets N’Assembly Members-elect, Restates Support for Lawan, Gbajabiamila Nominates Omo-Agege for deputy Senate president, Wase for deputy speaker Suspense as PDP legislators play their cards close to their chests Deji Elumoye, Chuks Okocha, Adedayo Akinwale in Abuja Former Senate Majority Leader, Senator Ahmad Lawan, and his House of Representatives counterpart, Hon. Femi Gbajabiamila, looked good yesterday to emerge as

Senate president and House speaker as lawmakers of the two chambers of the federal legislature today pick their presiding officers. The election of the presiding officers of the two chambers Continued on page 8

Atiku Seeks Speedy Trial as Bulkachuwa Appoints Replacement Alex Enumah in Abuja The legal teams of the Peoples Democratic Party (PDP) presidential candidate, Alhaji Atiku Abubakar, and his party in the petition challenging the victory of President Muhammadu Buhari in the February 23 presidential

election, yesterday hinted that it would seek accelerated hearing of Atiku and PDP's petition at the Presidential Election Petition Tribunal. A top member of the legal team confided in THISDAY about the plan to fast-track hearing of the petition to make Continued on page 6

NJC Commends Buhari REPORTING PROGRESS… L-R: Managing Director, Wapic Insurance Plc., Ms. Adeyinka Adekoya; Chairman, Mr. Aigboje Aig-Imoukhuede; and Company on Onnoghen... Page 6 Secretary, Ms. Mary Agha, during the company’s 60th Annual General Meeting in Lagos… yesterday sunday adigun

2

TUESDAY JUNE 11, 2019 • T H I S D AY

TUESDAY JUNE 11, 2019 • T H I S D AY

3

4

TUESDAY JUNE 11, 2019 • T H I S D AY

TUESDAY JUNE 11, 2019 • T H I S D AY

5

6

TUESDAY, ͚͚˜ ͺ͸͚Π˞ T H I S D AY

PAGE SIX

NJC Commends Buhari on Onnoghen Alex Enumah in Abuja The National Judicial Council yesterday thanked President Muhammadu Buhari for accepting its recommendation that the former Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, should voluntarily retire from service.

The NJC's appreciation, which has been conveyed to the president was contained in a statement given to journalists by NJC's Director of Information, Mr. Soji Oye. The NJC, in the wake of the trial of Onnoghen by the Code of Conduct Tribunal for false asset declaration, had recommended,

among others, that the jurist should retire from service. Buhari had earlier suspended Onnoghen from office on the grounds of an ex-parte ruling by the tribunal. The president had also named Justice Tanko Muhammad, as interim replacement for Onnoghen. Onnoghen sent in his

retirement notice to the president on April 5, 13 days before his conviction by the tribunal. Buhari, on Sunday, announced the acceptance of Onnoghen’s retirement, effective from May 28, 2019, and wished him well in all his future endeavours. In the statement yesterday by the NJC in the wake of

the president’s acceptance of its recommendations on the matter, the council said: "The National Judicial Council held an emergency meeting today (yesterday) to take formal note of the acceptance of the voluntary retirement of Justice W.S.N. Onnoghen, as Chief Justice of Nigeria, by President

Muhammadu Buhari. "The president’s acceptance of the retirement is in line with the council’s recommendation to the president on April 3, 2019. “The council at the end of its deliberations, thanked the president for the acceptance, which was in the best interest of Nigeria."

Mixed Reactions Greet SEC’s Suspension of Oando’s AGM Francis Ndubuisi in Abuja and Goddy Egene in Lagos Some shareholders of Oando Plc yesterday protested as the Securities and Exchange Commission (SEC) suspended the company’s annual general meeting (AGM), billed to hold today. SEC had announced the suspension of the AGM in furtherance of an ex-parte order of the Federal High Court, Ikoyi, Lagos in Suit No: FHC/L/ Cs/910/19 in Mr. Jubril Adewale Tinubu & Anor V Securities & Exchange Commission & Anor. According to the commission, based on the court order, the AGM of Oando Plc scheduled to hold today has been suspended till further notice. SEC said the action was taken to allow the parties to maintain status quo, adding that it would update the public on the outcome of the ongoing litigation. But while some of the shareholders said the suspension of the AGM was neither in favour of the investors nor the capital market, others lauded the regulator for its action.

Chairman, Progressive Shareholders Association of Nigeria (PSAN), Mr. Boniface Okezie, said the regulator should have allowed the AGM to hold. “I think SEC has not done the right thing because the AGM has been approved before now. Suspending it will lead to loss for the company, which has also booked for the venue and paid for other things necessary for the meeting to take place. What I think SEC should have done is to come and observe,� he said. Okezie added that since the release of the forensic audit result, the shareholders have not had the opportunity to hear from the directors, noting that the AGM would have afforded them the opportunity to get more information from the board of the company. Also, the Chairman, Ibadan Zone Shareholders Association of Nigeria, Mr. Eric Akinduro, said suspending the AGM was unfortunate. He said: “There should be a human face to some of these things. There is a court order saying the status quo should be maintained and I believe

the AGM is one of the things referred to by the court order. “Suspending an AGM 24 hours to the meeting is not good for the shareholders and even the market. Some of the shareholders have travelled from other states to Lagos for this AGM.� However, the President, Constance Shareholders Association of Nigeria, Mallam Shehu Mikail, said SEC did the right thing. “To me, SEC has done the right thing because there are so many issues in the company right now and we do not know how the meeting will look like. So, the proper thing is to suspend the meeting. If Oando goes ahead to hold the AGM, it means it is disrespecting the market regulator,� he said. An outraged shareholder, Pastor Olagoke Samson Olusegun, who is President of De-Impressive Shareholders’ Association of Nigeria, disagreed with SEC’s decision. He said: “This is simply a game because before we announced the AGM, SEC approved our accounts. So why now? Why is it when Oando is climbing out

of the hole of debt and returning to profitability? Like Skye Bank, they want to take Oando over and give to their friends. We will fight to the end as shareholders. If we have to go and meet SEC in Abuja, we will. The SEC is functioning like a car with no engine – and in this game, the only people who suffer are we the shareholders. We will not tolerate it!� Other shareholders who had come from the North were shocked that the SEC would cancel the AGM less than 24 hours to the event. Alhaji Kabiru Tambari who came from Sokoto said: “There are no words to describe my shock and disappointment at how this is being played out. The SEC could not have made this decision to cancel the AGM overnight so it is unfair that they would tell us today, a day before the event. I spent money getting here; I have paid for accommodation and I will have to spend another night in Lagos. All expenses that I will never get back. Is SEC really working in my best interests?� As at the end of business yesterday, Oando had not

issued a statement to react to SEC’s suspension of its AGM; a sign that it might comply with the decision. In 2017, SEC had requested that Oando postpone its 40th AGM whilst the commission addressed allegations raised by some petitioners. But Oando had responded that it had responded to all of SECs enquiries and it would also not be in the interests of its shareholders to postpone the AGM and so it would be proceeding as planned. Accordingly, the AGM held in Uyo just as it was learnt then that there was no power in the Investment Securities Act that gives SEC such powers. Oando had said at the time that if SEC had insisted on compliance with its directive, it would have relied on this to challenge the decision. Some of the shareholders also accused SEC of high-handedness. “What SEC is doing can only be described as regulatory rascality, and it is unfortunate that this is coming from a regulator. Are they regulators or revenue generators? We should go ahead

with our AGM as though nothing happened. We should continue as planned with our AGM. SEC tried to do this in the case of Ikeja Hotels, but we did not let them stop us, we had our AGM under a tree,� an Oando shareholder, Tunde Badmus, said. Efforts to get the company to react to the development proved abortive. SEC had on May 31, 2019, announced the conclusion of investigation of Oando Plc and directed among others the immediate resignation of its Group Managing Director, Mr. Wale Tinubu, his deputy, Mr. Mofe Boyo and other directors. The apex regulator also barred Tinubu and Boyo from being directorship of public companies for a period of five years. The commission followed later with the constitution of an interim management team led by Mr. Mutiu Sunmonu. But Oando challenged the decisions in court and got the Federal High Court, sitting in Lagos, to issue orders restraining the commission from implementing any of its May 31 decisions.

the presidential poll. In their petition filed on March 7, 2019, the petitioners asked the tribunal to nullify Buhari's election on the grounds of substantial non-compliance with the Electoral Act. However, at yesterday's proceedings, lawyers to Buhari, the Independent National Electoral Commission (INEC) and APC in their brief of argument, urged the tribunal to dismiss the suit of the HDP for being incompetent and lacking in merit. However, a mild drama ensued when a factional National Chairman of the HDP, Poland Awinitabre, disowned counsel for the HDP and Oworu. Two different lawyers, Nelson Ekwedibia and Donald M. O., had announced appearance for the petitioners, forcing the panel to ask Awinitabre, who had announced appearance for the party, to identify the actual counsel for the HDP. Responding, he said: "The party has not engaged Nelson Ekwedibia." But Ekwedibia told the panel that he was engaged by Owuru,

who is both national chairman of the HDP and the party's candidate in the presidential election. He said he has been representing the two petitioners since the beginning of the case. Justice Garba, however, announced that the panel would on June 13 hear all applications objecting to the hearing of the HDP's petition. Similarly, he fixed today for hearing of all applications against the petition of Atiku and the PDP. Buhari and his party, the APC, while identifying their various processes before the tribunal yesterday, asked the tribunal to strike out Atiku and PDP's petition challenging their victory at the presidential poll for being incompetent and lacking merit. Counsel to INEC, Mr. Yunus Usman (SAN), cited failure to comply with paragraph 18 (1) first schedule of the Electoral Act as grounds for the call for the dismissal of Atiku and PDP's petition. INEC, in another application, urged the tribunal to strike out some parts of the petition and

at the end of the day, the entire petition. Usman further prayed the panel to strike out Atiku and PDP’s petition for failure to join Vice-President, Prof. Yemi Osinbajo, in the suit. On his part, Buhari's lawyer, Chief Wole Olanipekun (SAN), prayed for the dismissal of the entire petition filed by Atiku and his party. He also prayed for the striking out of the reply filed by the petitioners to the reply of the respondents’ application. Mr. Lateef Fagbemi (SAN), representing the APC, in his submission, told the tribunal that he has three applications praying for the striking out of

of the broadcast licence of DAAR Communications Plc; “DAAR Communications Plc. will withdraw its case in court, against the NBC; and “All parties will take necessary steps to work together to build confidence in the public interest.� Among other personalities who attended the meeting are the Director General, NBC, Malam Ishaq Modibbo-Kawu; Chairman Emeritus, DAAR Communications Plc, Chief Raymond Dokpesi; Chairman of the Board, Mr. Raymond Dokpesi (Jnr.); the Group Managing Director, Mr. Tony Akiotu; Managing Director, AIT, Mrs. Tosin Dokpesi; and

the Company Secretary, Mr. Donatus Anopuo. The statement explained that the NBC restated its commitment to freedom of expression and the constitutionally guaranteed role of the media, under sections 22 and 39 of the 1999 Constitution as amended, to hold governments accountable, pointing out that Section 22 specifically provides: “The press, radio, television and other agencies of mass media are to uphold the fundamental objectives contained in the 1999 Constitution and ensure the responsibility and accountability of the government to the people.�

ATIKU SEEKS SPEEDY TRIAL AS BULKACHUWA APPOINTS REPLACEMENT up for the loss of time arising from the controversy over the membership of Justice Zainab Bulkachuwa, which led her to recuse herself as chairman of the tribunal on May 22, 2019, and the delay in naming her replacement. Statutorily, the tribunal has 180 days, which began counting from when the petition was filed on March 18, 2019, to determine the case. The tribunal, however, resumed sitting yesterday following the appointment of the presiding Justice of the Lagos Division of the Court of Appeal, Justice Mohammed Garba as Justice Bulkachuwa’s replacement. Justice Garba has also fixed today for hearing of all motions objecting to the petition of Atiku and the PDP. Speaking to THISDAY on the replacement, in Abuja, the senior lawyer said: "There is no gainsaying the fact that we need accelerated hearing and that comes without saying so. "We want accelerated hearing because so many days have gone by since she recused herself and

the constitution of the new panel which started today. He said the presidential election tribunal is time bound, with only 180 days to conclude the hearing and deliver judgment, adding that, "We have already done half of the time." The tribunal, earlier presided over by Justice Bulkachuwa, had adjourned on May 22, 2019, after Bulkachuwa recused herself from the panel, following Atiku's petition alleging likelihood of bias against him and his party, PDP because her husband and son are members of the All Progressives Congress (APC). Though the panel in its ruling delivered by Justice Peter Ige, had dismissed the petition asking Justice Bulkachuwa to withdraw her membership of the panel for lacking merit, Justice Bulkachuwa announced that she was stepping aside on personal grounds. However, there was no replacement nearly three weeks after she withdrew from the matter, prompting the petitioners to write a letter of protest against the delay as well as threatening to petition the National Judicial

Council (NJC). At the resumed sitting of the tribunal yesterday, Justice Garba, on behalf of other members of the panel, promised to be fair to all parties in the suit and called for maximum cooperation from lawyers representing parties in order to give expeditious hearing to the petitions. He also fixed June 11, 2019 for hearing of all motions objecting to the petition of Atiku and the PDP. Following the pledge by counsel to parties in the four petitions against the emergence of Buhari as winner of the presidential poll, Justice Garba accordingly called the first case, that of the Hope Democratic Party (HDP) and its presidential candidate, Ambrose Oworu. After parties in the suit identified their various processes before the tribunal, Justice Garba, fixed June 13 for hearing of motions filed against the hearing of the HDP's petition. The party and its presidential candidate, Chief Ambrose Oworu, had approached the tribunal to nullify the victory of Buhari in

WITH NPO’S INTERVENTION, NBC, DAAR RESOLVE DISPUTE its licence fees. Although DAAR responded with a law suit, which brought it temporary relief, stakeholders in the industry felt this was not the way to go, opting to bring both parties to the table on Sunday night. The meeting, midwifed by the Nigerian Press Organisation (NPO), was attended by representatives of the NBC, DAAR Communication, Newspapers Proprietors’ Association of Nigeria (NPAN), the Broadcasting Organisation of Nigeria (BON), Nigerian Guild of Editors (NGE) and the Nigeria Union of Journalists (NUJ). Elders and patrons of NPO,

Mallam Isa Funtua and Mr. Sam Amuka-Pemu, the Publisher of the Vanguard Group, hosted the meeting. At the end of discussions, all the issues raised by both DAAR Communications and NBC were resolved in the national interest, a statement by the Chairman & Editor-in-Chief, THISDAY/ ARISE Group, Prince Nduka Obaigbena, who also doubles as President of NPAN said. The statement added that NBC undertook to lift the suspension of the operating licence of DAAR Communications, while the company would in turn withdraw its law suit in addition to increasing its

level of compliance with the broadcasting code. It stated: “DAAR Communications Plc. will work out a new realistic payment plan with the National Broadcasting Commission (NBC) and ensure prompt payments in accordance with the new plan; “DAAR Communications Plc will appoint an ombudsman to ensure balance in its news coverage, especially political commentary; it will also take full editorial responsibility for the use of content sourced from social media outlets; “Following this NPO statement, the NBC will immediately lift the suspension

Continued on page 8

TOP GAINERS CHI PLC UPDC SOVETRUST JAPAUL FORTEOIL TOP LOSERS CCNN UNITYBANK NAHCO

NGN NGN 0.02 0.22 0.15 1.65 0.02 0.25 0.02 0.27 0.75 26.50 NGN 1.50 13.50 0.07 0.63 0.33 3.06 COURTVILLE 0.02 0.20 CUTIX 0.14 1.46 HPE Nestle Nig Plc â‚Ś1,460.00 Volume: 247.392 million shares Value: N3.484 billion Deals: 3,434 As at yesterday 10/6/19 See details on Page 31

% 10 10 8.7 8.0 2.9 % 10 10 9.7 9.0 8.7

TUESDAY JUNE 11, 2019 • T H I S D AY

7

8

TUESDAY, ͚͚˜ ͺ͸͚Π˞ T H I S D AY

NEWS

Buhari Signs June 12 Bill into Law NADECO urges president to convene ethnic nationalities conference Omololu Ogunmade in Abuja and Esther Oluku in Lagos President Muhammadu Buhari yesterday at the Presidential Villa, signed the Public Holidays Act Amendment Bill into law. This is as the chieftains of the National Democratic Coalition (NADECO) urged the president to convene an ethnic nationalities conference on the way forward for Nigeria. The Senior Special Assistant to the President on National Assembly Matters (Senate), Senator Ita Enang, disclosed this to State House correspondents in Abuja. Enang said that the Act declared June 12 of every year as public holiday and

Democracy Day in Nigeria. “It amends the Public Holidays Act which now removes May 29 of every year as a public holiday and now makes it June 12, democracy as a public holiday in Nigeria henceforth. “By this Act, May 29 is no more a Public Holiday,’’ he said. Buhari had on June 6, 2018, declared June 12 to be the new Democracy Day in commemoration of the democratic election of MKO Abiola on June 12, 1993. The Federal Government had earlier on Monday declared June 12, as a public holiday, to commemorate the nation’s National Democracy Day. Meanwhile, NADECO

yesterday urged President Buhari to convene an ethnic nationalities conference on the way forward for Nigeria. The chieftains, including former Governor of Lagos State, Chief Ndubuisi Kanu, Chief Amos Akingba and Chief Ayo Opadokun, made the call while addressing journalists in Lagos. Opadokun, who read the text of the briefing, entitled: “NADECO, June 12 and the State of the Nation,� said such assembly should be made up of leaders of ethnic groups elected through their cultural modalities of choosing representation, and not government nominees. “The Nigerian state should accept that Nigeria’s prospect

to genuine unity, growth and development can only be a reality if it respects the popular will being expressed by majority of Nigerians that our country should return to Federal constitutional arrangement. “This demand is proven by the fact that until the unfortunate military insurrection against democratic government on January 15, 1966, federal and the regional governments were relatively productive and responding creditably to the genuine wishes and aspirations of their peoples. “Restoration to federalism should not be based on partisan predilection. “Centralisation of the vital public sectors by various decrees and the appropriations

to the central government of all the regional major means of raising resources have crippled the component units since then. “Most states now depend on the monthly allocations to run their overbloated bureaucracies. “Nigeria should stop living a lie by calling itself a federation when it is in fact governed centrally under unitarism,� he said. Opadokun said that the 1960 Independence Constitution, upon which Nigeria secured its independence based on several negotiations, should be the working paper for the consideration, discussion and resolution of the representative assembly, mainly of ethnic nationalities which are the building blocks upon which

Nigeria is constructed. He said NADECO believed that by restoring the concurrent list of items of the 1960 independence constitution back to the states along with the concomitant resources to execute those responsibilities, genuine development could be better pursued throughout Nigeria. The NADECO chieftain also called on the government to halt the spate of kidnapping, cattle rustling and herders/ farmers conflicts in the country. Opadokun urged the Nigerian state to formally inaugurate posthumously, Bashorun MKO Abiola as a President of Nigeria and name a national monument of consequence after him.

APC MEETS N’ASSEMBLY MEMBERS-ELECT, RESTATES SUPPORT FOR LAWAN, GBAJABIAMILA will kick-start today’s ceremonies for the inauguration of the ninth session of the National Assembly. While Senator Ali Ndume is Lawan’s only challenger for the Senate presidency, Gbajabiamila is vying for the House speakership along with Hon. Emeka Nwajiuba from Imo and Hon. Mohammed Bago from Niger State. In last-ditch efforts to consolidate their frontline position in the race, the ruling All Progressives Congress (APC), which has presented the duo as its choice for the leadership positions, met yesterday with its members-elect in the National Assembly and impressed it on them on the need to vote for both Lawan and Gbajabiamila. However, Ndume, his counterpart representing Abia North, Chief Orji Kalu, who is angling to be deputy Senate president, and Bago were all absent at the APC meeting held at Sheraton Hotel and Towers, Abuja. THISDAY checks also revealed that majority of lawmakers-elect on the platform of the opposition Peoples Democratic Party (PDP) will vote for both candidates of the ruling party. However, it was learnt that the PDP had decided to reject APC’s pick for the deputy Senate president, Senator Ovie OmoAgege from Delta State. Rather, the opposition party would be voting Senator Anthony Alimikhena from Edo State as deputy Senate president. Sources told THISDAY last night that Lawan and Gbajabiamila were not leaving anything to chances as they continued their lobbying of their colleagues. It was gathered that Lawan met with the PDP to firm up negotiations with them, especially on the distribution of Senate committee chairmanship. A source said all grey areas in the negotiations between Lawan and the PDP had been resolved and he was likely to get the bulk of votes from the party’s senators-elect. The PDP leadership, including

its National Chairman, Prince Uche Secondus, its 16 state governors and 44 senators-elect also held a meeting at the Bayelsa State Governor’s Lodge, Abuja yesterday. A source told THISDAY that the meeting ended in a deadlock as there was no agreement on who to vote for today. A fresh PDP lawmaker-elect in the House of Representatives from one of the South-west states, however, told THISDAY that he was 85 percent sure of Gbajabiamila’s emergence as the House speaker today. He said with majority of APC members-elect backing him and the huge votes he had been able to mop up from the PDP bloc, it was unlikely that either Nwajiuba or Bago would be able to muster enough votes to defeat Gbajabiamila. Although a speaker needs at least 181 votes from the 360 member-legislature to be declared winner of the election, tally from the Gbajabiamila Campaign Organisation shows that as at Sunday night, he has locked in 268 votes from incoming lawmakers. He said: “It is unlikely that Gbajabiamila would lose that election. He is getting a lot of buy-in from us in PDP and of course from his party, APC. “APC officials and even its governors are not leaving anything to chances because they do not want a repeat of the 2015 incident in which Hon. Yakubu Dogara defeated Gbajabiamila who was the party’s candidate then. “In PDP, at least 50 percent of our votes are sure for him. There is a group called Progressives Group that is dominated by PDP members-elect but with membership cutting across the parties, is sure to deliver 62 bulk votes to Gbajabiamila.� He was also sure that the APC-backed candidate for the deputy speaker post, Hon. Idris Wase, would be victorious today. However, while PDP senatorselect might have decided to vote Lawan, they rejected Omo-Agege whom the APC had endorsed

as his deputy. It was learnt that the PDP senators-elect adopted Alimikhena, who hails from the same senatorial district with the APC National Chairman, Mr. Adams Oshiomhole. At a PDP senators-elect meeting held at the residence of former Deputy Senate President Ike Ekweremadu, the incoming senators agreed to vote Alimikhena instead of Omo-Agege, arguing that to vote the Delta State senator would amount to rewarding bad behaviour. They cited Omo-Agege’s alleged involvement in the stealing of the Senate mace last year as a reason why he does not deserve the post, saying it would be unfair to elect him into a position of responsibility like the deputy Senate president. But when some PDP senatorselect expressed the view that Alimikhena is from the same Edo North Senatorial District with Oshiomhole, others countered that it was the same thing that is happening in Lagos State, where Vice-President Yemi Osinbajo and Gbajabiamila hail from. THISDAY gathered that the PDP senators have also agreed to vote for Lawan, saying Ndume would be difficult to manage. A list sighted by THISDAY yesterday, however, showed that 40 APC senators-elect had signed to vote Omo-Agege for the office of the deputy Senate president. The secretary of the OmoAgege Campaign Committee, Senator Barau Juneau, gave the list to THISDAY in Abuja. Meanwhile, most of the governors, from both the APC and the PDP are in Abuja to monitor the elections of the presiding officers today.

Ndume, Kalu, Bago Absent as APC NWC Meets Lawmakers-elect Also yesterday, the APC National Working Committee, as part of last-minute efforts to ensure members comply with its directive on the leadership of the National Assembly, met

with its lawmakers-elect. The meeting, which also had in attendance the APC governors, was to tidy up all loose ends. However, Ndume, Kalu and Bago did not attend the event. Briefing journalists after a closed-door meeting that lasted for two hours, Oshiomhole said APC caucus had endorsed Lawan as the APC candidate for the presidency of the Senate; Omo-Agege as the deputy Senate president, Gbajabiamila as the speaker and Wase as deputy speaker. He lauded those who had stepped down for the party’s candidates, saying the APC appreciates their sacrifice. Oshiomhole stated: "APC caucus in the National Assembly, that is, both the Senate and House of Representatives as well as all APC and members of the National Working Committee met today. It is basically to firm up all the conversations and lobbies that have been going on, we have ended up the meeting with specific conclusion. "We have all agreed as a caucus to endorse distinguish Senator Ahmed Lawan as the APC candidate for the presidency of the Senate and Senator Omo-Agege as the deputy Senate president and Hon. Femi Gbajabiamila as the speaker and Hon. Muhammed Idris Wase as deputy speaker." Asked if Ndume has stepped down for Lawan, Oshiomhole said they were still trying to talk to him. He was optimistic that Ndume as a democrat would abide by the party’s decision. He said: "Well, for now we are still trying to talk to Ali Ndume. I believe that he is a democrat. He understands that in a democracy, it is important that he listens to the voice of the majority and accept the decisions of the majority. I mean it is all about sacrifice. "Like I said, I do not know of anybody who has been elected who is not qualified to become the Senate president and all senators are equal. For those who have stepped down, they

have done that in recognition of the fact that at a particular point in time, only one person will emerge and I believe that my dear friend Senator Ali Ndume will not be a lone ranger. "He will abide by the spirit of the party and he will respect our overall leader, who is the president of our country, who is also the leader of our party. I do not have any fear, I believe Ndume will accept the will of the majority." The party also reiterated its decision yesterday on the adoption of Omo-Agege and through a statement by its National Publicity Secretary, Mallam Lanre Issa-Onilu. It said following emergency meetings of the NWC held on Saturday and Sunday, the adoption of Omo-Agege and Wase was arrived at after wide consultations with President Muhammadu Buhari and party stakeholders, including APC governors. "All elected APC members of the Senate and House of Representatives are hereby directed to fully mobilise as a united force behind the party’s choice. "Members, who have earlier signified interests in these positions are urged to support the party’s decisions as loyal and committed members of APC by working with other members to ensure the emergence of the adopted candidates," the statement added. The APC Governors’ Forum has equally backed Lawan and Gbajabiamila for the Senate presidency and speaker of the House respectively. The governors disclosed this yesterday in Abuja after a meeting held at the Kebbi Governor's Lodge. The Governor of Kebbi State and Chairman of the Forum, Alhaji Atiku Bagudu, said the governors were unanimous in supporting the party and Buhari. “We are all unanimous in our support for Senator Ahmed Lawan for the Senate presidency and Hon. Femi Gbajabiamila for the speaker of the House of

Representatives and all governors are in agreement and we will work towards that purpose," he said. Bagudu urged members of the party, who are kicking against the zoning arrangement, to support the party's position.

Also yesterday, Kalu said he was stepping down for OmoAgege and urged support for him. Kalu, in a statement from his Media Office, said his decision to drop his earlier plans to run for the deputy senate presidency today, followed the official endorsement of Omo-Agege and Wase by the APC NWC for the positions of deputy Senate president and deputy speaker. Throwing his weight behind the party's candidates across board, Kalu said he would always abide by the decision of Buhari and the APC NWC. While thanking his associates, followers, well-wishers and colleagues, the former governor called on incoming lawmakers to place the collective interest of Nigerians above selfish ambitions. He said: "I decided to throw my hat into the ring to contest for the position of deputy Senate president after wide consultations with stakeholders especially my political associates, friends and colleagues (returning senators and senators--elect). "However, I use this medium to announce my withdrawal from the race in the interest of the APC and Nigeria at large. "I contested and won election as a senator on the platform of the APC and as such, I cannot go against the decision of my party. "The party, I am optimistic, will consider the South-east for other principal positions in the Senate and the House of Representatives for the sake of national unity. "The South-east should be ably and well represented at the top hierarchy of the Ninth National Assembly.�

23 presidential election, on the grounds that he (Buhari) did not possess the requisite academic qualification to contest for the presidency. The petition, which is premised on five grounds, alleged that Buhari lied about his academic qualification as well as schools attended in his form 001 submitted to INEC for purpose of contesting the 2019 presidential election. While the HDP and Owuru's petition marked CA/EPT/

PRE/001/2019, was filed March 7, the petition of the C4C along with its presidential candidate and that of the PDM and its presidential candidate were filed on March 19, 2019. The HDP, C4C and PDM in their separate petitions prayed the tribunal to nullify the election of Buhari on grounds of alleged massive rigging of the February 23 presidential election as well as substantial non-compliance with the provisions of the law by the INEC.

Kalu Steps Down, Backs Omo-Agege

ATIKU SEEKS SPEEDY TRIAL AS BULKACHUWA APPOINTS REPLACEMENT the entire petition or striking out of some paragraphs of the petition. The panel, however, announced that it would hear all the applications today. Also, the panel fixed June 17 for hearing of all objections to the hearing of the petition filed by the Peoples Democratic Movement (PDM). It, however, dismissed the petition of the Coalition for Change (C4C) against the Buhari’s election.

The dismissal was sequel to an application for withdrawal of the petition filed by the petitioners on June 10, 2019. When the matter was called, Olanipekun and Fagbemi informed the court that their clients were yet to be served with a copy of the petition. Olanipekun said at the last adjourned date, the panel had granted an application for substituted service but that up till this morning, the petitioners were yet to serve the processes

on the first defendant. Fagbemi, who told the panel that it is so easy to serve his client the processes, wondered why up till now his client had not been served with the petition. Responding, counsel for C4C, Obed Aguh, informed the tribunal that an application for the withdrawal of their petition against the election of Buhari was filed yesterday but was yet to be served on the respondents. However, following the non-objection of the application,

Justice Garba accordingly dismissed the suit of the C4C. INEC had declared Buhari winner of the presidential election. Following the declaration, Atiku and his party, in their petition, approached the tribunal to nullify Buhari's election on the grounds of alleged malpractices and gross violation of Electoral Act 2010, as amended. Atiku in his petition specifically asked the tribunal to disqualify Buhari as winner of the February

10

TUESDAY JUNE11, 2019 ˾ T H I S D AY

NEWS

AIB Cautions Air Peace over Failure to Report Hard Landing Incident Chinedu Eze The Accident Investigation Bureau (AIB) has cautioned Nigeria’s biggest carrier, Air Peace, for failing to report a hard landing incident involving one of its flights recently. The agency said that this has been the fashion of some domestic airlines that fail to report similar incidents involving their flights. In a statement signed by its spokesman, Tunji Oketunbi, AIB said, “Accident Investigation Bureau wishes to express its displeasure over the persistent failure of some airlines to report accidents or serious incidents to the Bureau as mandated by law. “On June 5, 2019, the Bureau received notification about a serious incident involving a Boeing 737-300 aircraft with registration marks 5N-BUK, belonging to Air Peace Limited from a passenger onboard. It was reported that the said incident occurred on Wednesday, May 15, 2019, while the aircraft was on approach to Murtala Muhammed International Airport, Lagos from

Port Harcourt. The aircraft was said to have experienced a hard landing as it touched down on the runway (18R).” According to the statement, upon receipt of the notification, the Bureau visited Air Peace Limited office and confirmed the said occurrence, noting that the hard landing affected one of the aircraft’s tyres and the right-hand engine compressor blades. But reacting to the allegation, the Chairman of Air Peace, Allen Onyema said that when the incident happened the airline reported to the regulatory agency, the Nigerian Civil Aviation Authority (NCAA) and also wrote to the aircraft manufacturer, Boeing and the manufacturer of the aircraft’s engine, CPM International. “When the incident occurred, we reported it to NCAA. We followed the aircraft manual, which guided us on what to do when such incident occurred. We wrote to Boeing, the aircraft manufacturer, and also wrote to the engine manufacturer, CPM International. We also grounded

Yoruba Group Lauds Proposed Security Summit by S’West Govs Martins Ifijeh The Yoruba Summit Group has lauded the decision by the governors of the South-west to immediately convene a summit on the precarious security situation in the region. In a statement made available to THISDAY yesterday, and signed by the Publicity Secretary, The Yoruba Summit Group, Mogaji Gboyega Adejumo, the body said the decision was long overdue, and a move in the right step. Adejumo said: “Our people will recall that the Aare Ona Kakanfo of Yorubaland, Iba Gani Adams had written to the governors as far back as July 2018, asking for such a summit to be convened. The Afenifere had also made such repeated calls for such a summit to hold and so have the other groups at various times given voice to such an all-important summit, expanded to include all the stakeholders on the Southwest, to be so summoned. “Though arriving late in the day, yet such a needful venture is so welcome at these times that the South-west is experiencing serious insecurity challenges, the like of which has not been seen since the end of the internecine wars,” he said. He, however noted that the group has further noticed an unsigned release by an organisation, DAWN Commission, which it described as less than civil, adding that it outrightly condemned the way it was written. Adejumo said the press release was quoted to have said: “DAWN Commission appeals to the general public that contrary to the alarmist, exaggerated and sometimes misrepresentation of facts by mischievous elements on social media and other fora, Western Nigeria largely remains peaceful, safe, welcoming and

harmonious to all law abiding people and in a state of crisis. “DAWN Commission also calls on all those with influence, including political, religious and traditional leaders, to exercise and encourage restraint and to refrain from incitement to hostility or violence, even in moments of outrage. An escalation of inflammatory rhetoric by influential persons or groups at a moment like this has the potential to aggravate the growing unease and could ultimately serve the interests of those averse to peace in the Region,” the press release said. Adejumo said the statement consists not in what was written or given, but in the intention of the writer and or giver, adding that, “The unsigned statement credited to the DAWN Commission in the matter of the gross issues of insecurity occurring all over the length and breadth of Yorubaland has again brought to the fore, the question of the conspiracy of silence, a constant these days as some people would rather prefer to play politics with the lives and property of the peoples of the South-west. “From the aforementioned imprudent statements, caustic and flippant, it is the belief of our leaders that such statements could not have come from the governors who are mluwabi and sons to many of our leaders. The Yoruba Summit Group is therefore of the opinion that the offensive statements could only have emanated from certain elements within the commission pandering to the wiles of certain elements who have not deemed it fit to condemn the siege on the South-west, to curry favour elsewhere,” he said. He therefore called on South-west governors to call the DAWN Commission to order.

the aircraft. “We always report any incident to NCAA and sometimes you may not know what to report to AIB because the NCAA is the regulatory authority and the Bureau is in charge of accident investigation. So, when incident

like hard landing happens and we inform NCAA, we feel we have followed the procedure. Boeing has written back to us and has told us what to do, according to the procedure, currently inspection is being carried out on the aircraft,” Onyema explained.

AIB confirmed in the statement that Air Peace grounded the aircraft after the incident, awaiting implementation of the hard landing inspections recommended by the aircraft manufacturer and the Boeing Company. AIB said its grouse was that it

did not receive any notification of the incident from Air Peace three weeks after the incident “contrary to ICAO (International Civil Aviation Organisation) Annex 13, which guides the operations of aircraft accident investigation procedures.”

WOMEN AFFAIR…

L-R: South-west APC Woman Leader, Chief Kemi Nelson; inductee and Senator representing Lagos Central, Senator Oluremi Tinubu; wife of Lagos State Governor, Dr. Ibijoke Sanwo-Olu; wife of Osun State Governor, Mrs. Kafayat Oyetola; Director General, National Centre for Women Development (NCWD), Mrs. Mary Ekpere-Eta; and representative of First Lady, Hajiya Aisha Buhari/ her Senior Special Assistant, Dr. Hajo Sani, during the induction ceremony of Senator Tinubu into the Nigerian Women Hall of Fame in Abuja ....yesterday

N3.4bn Fraud: Nobody is Influencing Sanusi’s Probe, Says Kano Anti-graft Agency We’ll resist attempt to cancel four new emirates, group insists Ibrahim Shuaibu in Kano Following a preliminary report submitted to the Kano State Government by the state Public Complaint and Anti-Corruption Commission, the anti-graft body has declared that it is not under anybody’s influence to investigate Emir of Kano, Muhammadu Sanusi ll. This is coming as the Committee for the Restoration of Gaya, Karaye, and Rano Emirates yesterday declared that they were ready to resist any attempt to reverse the newly created emirates councils in the state. The Executive Chairman of the commission, Mr. Muhyi Magaji Rimingado, told journalists in Kano yesterday that the body had been empowered by the law to independently probe the emir.

According to him, “The public may recall that the commission is in receipt of a complaint filed by concerned friends of Kano Emirate on March 28, 2017, over alleged financial misappropriation by Kano Emirate Council under Emir Sanusi. “The petitioners raised some allegations bothering on spending funds belonging to the emirate council without appropriation and regards to due process.” He explained that the law establishing the commission has made it independent under section 8, 9 and 15 of the Kano State Public Complaint and Anti-Corruption Commission law 2008 as amended. “This investigation was not commenced at the instance of the state government but as a result of series of complaints by

citizens of the state. “That by virtue of Section 8 of the Kano State Public Complaint and Anti-Corruption Commission law 2008 (as amended) which provides that: “In exercising its powers under this law, the commission shall not be subjected to the direction and control of any authority, the commission is not under the control or discretion of any authority or person. “That our preliminary report is only for the government to act administratively so that the commission can continue to exercise its responsibilities without any interference, and nothing more. “That as far as the commission is concerned this investigation is ongoing and the commission will do everything legally possible to deliver its mandate with respect

to the case,” Rimingado declared. Meanwhile, the Committee for the Restoration of Gaya, Karaye, and Rano Emirates yesterday declared that they were ready to resist any attempt to reverse the newly created emirates councils in the state. Spokesman of the Committee, Hon. Haruna Isa Dederi, told journalists in Kano that the creation of the emirates is the making of history and the restoration of what was deprived them several years ago. Dederi, who is representing Karaye/Rogo federal consistency in the House of Representatives, alleged that the three emirates of Karaye, Rano and Gaya were forcefully coerced into Kano emirate.

Kogi APC Members Accuse Governor of Underperformance Adedayo Akinwale in Abuja Protesters under the aegis of Concerned members of the All Progressives Congress (APC) from Kogi State yesterday besieged the national headquarters of the party in Abuja, where they called on the national leadership of the party to provide a level-playing ground for all governorship aspirants in the state ahead of the governorship primary in August.

The group led by Mr. Jubril Yusuf, while addressing journalists, alleged that despite the administration of Governor Yahaya Bello receiving a total of N344 billion after 38 months in office, including statutory allocations, internally generated revenue, allocation to local governments, three tranches of Paris Club refunds as well as refunds on road construction by the previous government, he has nothing to show for it.

The protesters carried various placards with various inscriptions such as ‘Screen out Governor Yahaya Bello’, ‘We say no to non-payment of salary’, ‘GYB is giving guns to our youths’ and ‘GYB: where is our money.’ Others are ‘Bello, where is our N200 billion bailout funds’, ‘Kogi liberation is sacrosanct’, and ‘President Buhari rescue Kogi State from GYB’, among others. Yusuf stated: “Despite the non-

performance of the government of Alhaji Yahaya Bello, he still wants to go for another four years. Kogi State under Governor Yahaya Bello will disappear from the map of Nigeria. “The primary purpose of a government and any government for that matter is the welfare of the citizens, the governed. Yahaya Bello’s government has abandoned its primary purpose. It has defeated itself and it has no reason being in power. “

Hussey College Old Students Meet The monthly meeting of Hussey College Warri Old Students Association (HCWOSA), Lagos

Branch, will take place on Sunday, June 16, 2019 at BIcs Garden, Wole Olateju Crescent, Lekki Phase I

at 2 p.m. prompt. According to a statement by the association, the hosts of the month

are Admiral FBI Porbeni and Mrs. Rose Erewa Danmole (1960 Set: The Independence Class).

TUESDAY JUNE11, 2019 ˾ T H I S D AY

9

NEWS

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

4,000 Killed Since 2015, 2019 Polls, Human Rights Watch Alleges Accuses soldiers, policemen of aiding violence Kingsley Nwezeh in Abuja and Martins Ifijeh in Lagos Ahead of tomorrow’s Democracy Day celebration, the Human Rights Watch (HRW) yesterday released a damning report on the 2019 general election which returned President Mohammadu Buhari to office, saying it was marred by widespread violence, resulting in the death of 629 people and ushering in an era of uncontrolled violence. The group alleged that 4,000 have been killed since 2015 and 2019 elections, with 3,641 people dying from deadly clashes between herdsmen and farmers since 2015 and at least 262 people killed by bandits since the beginning of 2019 in Zamfara State alone. The international human rights organisation said President Buhari should take concrete steps to address the spiraling political violence and ensure accountability for human rights abuses by soldiers and police as he begins his second term in office. In its latest report on the 2019 election, HRW said most of the violence perpetrated by political thugs employed by politicians was aided by soldiers and policemen, noting that the Boko Haram

insurgence, communal violence between nomadic herdsmen, banditry, kidnappings and killings in the North-western parts of the country increased dramatically. The report said security agencies have failed to respond to threats to lives and property across the country. “The lack of meaningful progress in addressing the prevalent political violence, as well as lack of accountability for rights abuses, marked Buhari’s first term in office,” Nigeria researcher at Human Rights Watch, Anietie Ewang, said. “He should put these issues at the front and centre of his second term agenda and urgently take concrete steps to improve respect for human rights.” “The national and state elections in February, March, and April 2019 contributed to the general insecurity across the country. The politically related violence reported in many states was in contrast to the relatively peaceful 2015 elections that brought Buhari into his first term in office. “According to a report by SBM Intelligence, which monitors sociopolitical and economic developments in Nigeria, 626 people were killed during the

2019 election cycle, starting with campaigns in 2018”, it said. The reports stated that “in Rivers state, media reports of army troops’ deployment to Port Harcourt, the state capital, ahead of the elections stirred concerns about the role the military would play during the elections. “Human Rights Watch

documented allegations of collusion between some security agents and suspected APC supporters to cart away ballot boxes and result sheets. Witnesses in polling places in Bonny, Abonnema, Isiokpo, and Okrika (in Rivers State) said that armed men chased voters and observers with weapons in the

presence of military officials. In many cases, Human Rights Watch found military officials helped the criminal elements intimidate voters and cart away sensitive election materials. To arrive at its conclusions, HRW said it interviewed 32 people, including voters, journalists, election observers,

activists, and Independent National Electoral Commission (INEC) officials in Rivers and Kano states, and documented 11 deaths specifically related to violent interference in the election process during the February 23 presidential election and subsequent state elections.

Italy Pledges to Assist Nigeria in Repatriating Illicit Foreign PRESIDENTIAL RECEPTION... Funds L–R: Members of Italian Parliament, Senator Manuel Vescovi; Senator Tony Iwobi; Senator VR Petrocelli; President Muhammadu Buhari; Omololu Ogunmade in Abuja The government of Italy yesterday in Abuja pledged to assist Nigeria in its efforts to repatriate illicit assets illegally deposited in foreign countries to Nigeria Making the promise in the State House while conveying the message of the government of Italy to President Muhammadu Buhari, the Italian Ambassador to Nigeria, Dr. Stefano Pontesilli, who accompanied a delegation from Italian parliament to Nigeria, said Italy would cooperate with Nigeria 100 per cent. ‘‘We are willing to cooperate with your administration 100 per cent on illicit assets repatriation,” Pontesili said. A statement by presidential spokesman, Malam Garba Shehu, said Buhari told the delegation led by Senator Vito Petrocelli, Chairman, Italian Senate Committee on Foreign Affairs, that the support of the Italian government in recovering and repatriating the assets was welcome. According to the statement, Buhari commended the Italian government for demonstrating ‘‘open-mindedness’’ and willingness to cooperate with Nigeria on the issue of repatriation of stolen funds. It also said the president, while acknowledging the good wishes of the Italian government in the aftermath of the February 23 presidential election, told the delegation that his second term in office would consolidate on the progress recorded in the last four years in the country adding

that he also used the occasion to remind developed countries to assist in reviving Lake Chad. “Lake Chad is now 10 per cent of what it used to be. At least 30 million people around it benefit from fishing, farming and animal husbandry. The drying up of Lake Chad has forced some people to defy the Sahara desert and the Mediterranean in their bid to get to Europe,’’ he said. The statement added that Buhari thanked the Italian government for its policy of accommodating displaced persons, particularly African refugees, and also expressed appreciation to the Italian delegation for emphasising the cordial relationship between Nigeria and Italy and the need to establish a ‘‘bilateral committee on friendship’’ that would identify areas of cooperation and work collectively. “Earlier, Senator Petrocelli had told President Buhari that the delegation, which included Senator Tony Chike Iwobi, Vice Chairman, Senate Committee on Foreign Affairs, a Nigerian and first African to be elected into the Italian Parliament, was in the country to attend to the June 12 Democracy Day celebrations. “He also congratulated the Nigerian leader on his re-election. The President and the delegation which also included Italian investors discussed a range of bilateral and global issues including migration, Sustainable Development Goals (SDGs), infrastructure development, anti-corruption and the need to strengthen inter-parliamentary relationship between Nigeria and Italy,” the statement added.

Chief of Staff to the President, Mallam Abba Kyari; and Secretary to the Government of the Federation, Mr. Boss Mustapha, during the Italian Parliamentarians’ visit to the Presidential Villa, Abuja …yesterday GODWIN OMOIGUI

Security Agencies Capable of Securing Nigeria, Buhari Assures Nigerians Gunmen kill 12 in Niger village Omololu Ogunmade in Abuja and Laleye Dipo in Minna President Muhammadu Buhari has assured the country that security and law enforcement agencies are capable of safeguarding the country, its people and property. However, gunmen have reportedly raided Ajapayi village in Kwaki district of Shiroro Local Government Area (LGA) of Niger State killing 12 people and injuring 15 others. He was responding to concerns raised by a delegation of Zamfara Advocacy Group yesterday during an audience at the State House, Abuja.

The president, in a statement by the Senior Special Assistant on Media and publicity, Garba Shehu, said the military and the police have been taking drastic measures to check the activities of some local elements threatening the peace of the communities, including preventing farmers from going to their farms. “I assure you, I get daily reports from people in the field and traditional rulers. I also meet regularly with the leadership of the security agencies, and they have been directed to deploy their personnel to secure the society,” President Buhari said. Describing as “unfortunate” the “failure of local leadership

in intelligence- gathering,” the President enjoined community and traditional leaders to monitor closely the activities of people in their domain with a view to assisting law enforcement agencies to secure the communities. Commending the new governor of Zamfara State, Bello Matawalle, for being proactive in addressing the security challenges, the President urged royal fathers to go back to their cultural roles. The delegation, which also included the wife of the governor of Kaduna State, Asia Mohammed Ahmed, and renowned journalist, Kadaria Ahmed, called for greater

collaboration among stakeholders; securing the borders; and permanently situating a major military presence in the State, among other suggestions. Meanwhile, gunmen on Sunday night raided Ajapayi village in Kwaki district of Shiroro LGA of Niger State, killing 12 people and injuring 15 others. The incident was said to have started on Sunday evening and lasted several hours. As a result several villagers have been displaced while the injured are said to be receiving treatment at government and private hospitals close to the community.

Generator Fumes Kill 10 Traditional Wedding Guests in Imo Amby UnezeinOwerri About 10 traditional wedding guests were yesterday feared dead at Umuomumu in Mbaitoli Local Government Area of Imo State by suspected generator fumes in the house of the host of the marriage ceremony. The affected victims said to be 50 in number had stayed back after the traditional wedding ceremony of Favour and Ifeanyi Nzegbu to savour the joy of the moment and had gone to bed while an electricity

generator was on inside part of the house they were sleeping. It was further gathered that a brother to one of the victims, who was worried that he had not come back, had called his brother’s phone repeatedly without response. When he got no response, he decided to go to the house to check out. When all the other doors were forced open, the victims were brought outside one after the other by wailing neighbours. Four persons were said to have died on the spot.

An eyewitness and leader of the community, Mr. Martins Ezuruike, said when his attention was drawn to the incident, he rushed there to observe the evacuation of the victims to the hospital. Some were rushed to the Ikeduru Hospital, while others were rushed to Nworieubi Health Centre in the state. Ezuruike said he had to release his car to assist in the evacuation of the victims before the arrival of policemen. The Ikeduru Hospital Administrator, Dr. AustineAgbahiwe,

told THISDAY that 20 people were rushed to the hospital. He said some people were brought in dead while 17 have regained consciousness and are being treated with life support machines. According to him, “We were able to revive 17 people out of the 20 people brought to the hospital, while three were brought in dead. The survivors are on oxygen and are responding well to treatment. “We are now battling to ensure that the survivors come out of coma and are stable.

11

TUESDAY JUNE11, 2019 ˾ T H I S D AY

NEWS

Ogun, Akwa Ibom, Enugu Other States Assemblies Elect New Speakers Christopher Isiguzo, Gideon Arinze in Enugu; Femi Ogbonnikan in Abeokuta, Emmanuel Ugwu in Umuahia, Benjamin Nworie in Abakaliki, Okon Bassey in Uyo and Francis Sardauna in Katsina Ogun, Akwa Ibom, Katsina, Ebonyi, Enugu and Abia States Houses of Assembly have elected new Speakers to pilot the affairs of their legislatures for the next four years. In Ogun State, the lawmakers elected its immediate-past Deputy Speaker, Hon Olakunle Oluomo, as Speaker. Oluomo, who was a member of the eighth state House of Assembly and a member representing Ifo 1 state constituency, emerged the ninth legislature Speaker. His counterpart from Ijebu North II state constituency, Oludare Kadiri, emerged the Deputy Speaker. While in Enugu State, the former assembly Speaker, Edward Ubosi, has been elected as the new Speaker to pilot the affairs of the seventh state assembly. Ubosi represents Enugu East Urban constituency. He is serving his third term in the assembly having been first elected in 2011. The election of Ubosi marked the commencement of the first sitting of the seventh session of the state assembly.

A new member, Hon. Uche Ugwu, representing Udi North state constituency, was elected the Deputy Speaker to replace Dons Uzogbado, the former Deputy Speaker from Oji River constituency. The former leader of the assembly, Hon. Melitus Ikechukwu Ezeugwu, representing Udenu constituency, was also reelected into his position. Meanwhile, the immediate past Leader of the Abia State House of Assembly, Hon Chinedum Orji, was yesterday elected the Speaker of the seventh assembly by the 24-member legislature. The new Speaker, who represents Umuahia Central state constituency, is the son of former state Governor, Theodore Orji, now the Senator representing Abia Central. Orji was elected unopposed following his nomination by Munnachim Alozie of Ugwunagbo state constituency and supported by Ginger Onwusibe of Isialangwa North state constituency. In Ebonyi State House of Assembly, the 24 members reelected the member representing Izzi West state constituency, Hon. Francis Nwifuru, as the Speaker of the sixth state assembly. The members also re-elected the member representing Onicha East state constituency, Hon. Odefa Obasi Odefa, as the Deputy

Speaker. The Clerk of the assembly, Mrs. Patricia Anyasi, who presided over the election of the principal officers of the assembly, declared the duo as Speaker and Deputy Speaker after motions for their nominations were unopposed. Meanwhile, in Katsina State, former Speaker of the state House of Assembly, Hon. Tasi’u Maigari, was yesterday re-elected as the Speaker of the inaugurated seventh state assembly. Maigari, who represents Zango constituency, was re-elected through a secret balloting after

the inauguration of the assembly by the state Governor, Aminu Bello Masari. The Speaker was nominated by Hon. Sabi’u Aliyu Muduru (APC) representing Mani constituency and seconded by Hon. Ibrahim Dikko of Matazu constituency. Maigari was elected alongside the former Deputy Speaker of the assembly, Hon. Shehu Dalhatu (Faskari), who was reelected as the seventh assembly Deputy Speaker. In Akwa Ibom State, a onetime Deputy Leader of the state

House of Assembly, Rt Hon Aniekan Bassey, was yesterday elected as the new Speaker of the assembly thus bringing to rest series of political horse-trading on who would ascend the throne of the state assembly. The state was literally shut down as a cross section of the citizens had trooped to the assembly complex to witness the emergence of the Speaker and other Assembly Officers. The new Speaker, who represents Uran state constituency, was chosen to lead the seventh assembly by 25 out of 26 members of the assembly.

Others elected officers to pilot the affairs of the assembly were Mrs. Felicia Bassey of Okobo state constituency who retained her seat as the Deputy Speaker while Rt. Hon. Udoh Keriean Akpan of Oruk Anam state constituency also retained his seat as House Leader. Addressing the assembly after his election, the Speaker praised God for his emergence as the Speaker of the assembly and acknowledged his party, the People Democratic Party (PDP) and his constituency for giving him the opportunity to represent them.

NAF Kills Terrorists, Army Eliminates ISWAP Social Media Team Kingsley Nwezeh inAbuja A Nigerian Air Force (NAF) fighter jet yesterday struck a tactical command centre belonging to the terrorist group, Boko Haram, in Alafa near Sambisa Forest in Borno State. The air interdiction came as the Nigerian Army said it had decimated nine members of the social media team of the Islamic State for West Africa (ISWAP). An update on the ongoing war against insurgency issued by NAF Spokesman, Air Commodore Ibikunle Daramola, said the air strike followed intelligence report that showed heavy presence of

terrorists in what was identified as a tactical command centre. “The operation, which led to the obliteration of a major tactical command centre, as well as the neutralisation of several terrorists, was executed after persistent Intelligence, Surveillance and Reconnaissance (ISR) missions, led to the identification of a compound within Alafa on the fringes of the Sambisa Forest that was being used by the terrorists as a command post. Accordingly, the ATF dispatched an Alpha Jet to attack the location. “Overhead the vicinity of interest, the target compound was spotted with heavy presence of terrorists. The Alpha Jet attacked the location

in successive passes scoring accurate hits on the target leading to the obliteration of the tactical command centre and neutralisation of several BHT fighters,” he said. Meanwhile, the Nigerian Army said it killed nine members of ISWAP’s social media team. An army statement on its twitter handle said the terrorist organisation confirmed the death of the team further reinforcing the position of the army that the group was in tatters. “The so called Islamic State West African Province (ISWAP) admits to the neutralisation of nine key media personalities by gallant troops of the Nigerian Army (NA).

“The terrorist group is known for its online media propaganda and quest to maintain a virtual caliphate,” it said. It army said “the annihilation of members of its media team further confirms that the NA has decimated the group and they no longer have freedom of action”. It displayed the photographs and names of the terrorists. They are Abu Hurayra al-Barnawi, Ali alGhalam al-Kajiri, Abu Musab and Muhammed Mustafa al-Maiduguri. Others include Abu Abdullah Ali al-Barnawi Abu Musa al-Camerooni, Ahmed al-Muhajir, Abu Ali al-Bamawi, and Abu Khubayb bin Ahmed al-Barnawi.

12

TUESDAY JUNE 11, 2019 • T H I S D AY

TUESDAY JUNE 11, 2019 • T H I S D AY

13

14

T H I S D AY Ëž Ëœ ÍŻÍŻËœ Ͱ͎ͯ͡

COMMENT

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

RE-MAPPING NIGERIA THROUGH RAIL Railway infrastructure bodes well for the economy, writes Muhammed Dahiru

O

n 17th May, 2019, Mr. Rotimi Amaechi, Minister of Transportation, on behalf of the federal government, issued an award for a $3.9billion contract to link Abuja (Idu) with the Itakpe-Warri rail line. The facility would terminate at the Warri Sea Port. The contract scope includes the construction of a new deep sea port in Warri, and is scheduled to be completed in 2024. You will forgive Nigerians if they are unable to appreciate the revolutionary significance of this step: they have heard innumerable pronouncements by politicians in government that ended up as a pipe dream. If you recall that similar public cynicism greeted and trailed the first ground-breaking step in rail transport infrastructure by Mr. Amaechi a few years ago, specifically with respect to the award of the double track, standard gauge Lagos-Ibadan sector of the Lagos-Kano rail initiative, you will understand perhaps, why this audacious AbujaItapke-Warri standard gauge contract award is drawing everything but public celebrations. When he announced the award in 2016, as he did in this recent pronouncement, there were actually public jeer and cynical dismissal of the administration’s ploy to ‘spend its way out of recession.’ Three years on, we’re now in the completion stages of the 156.5km contract. This would be the first administration in Nigeria that began a rail project from conception to the finish line. What am I driving at? I’m not a politician, neither a media publicist. I have been closely associated with the current work to overhaul and transform the railway infrastructure in Nigeria. I am a banker and have been involved with the China Railways Construction Company International, (CRCC), one of the companies involved in the overall processes for the delivery of this key infrastructure. In the past three years I have been involved in several travels both to China and elsewhere in respect of the concerted push by all the parties to deliver on this fundamental infrastructure requirement. I have also toured sites and have been part of the evaluation and bid preparation visits, contract negotiations and several technical and financial features of the project design. As it relates to the development of the railway sector, something that struck me in all these is Mr. Amaechi’s remarkable performance in the negotiations. He pushed the Chinese to accept critical add-ons to the main project at little or no escalation of cost outlay. For instance, the Itakpe – Ajaokuta – Warri railway Standard Gauge project, which was commenced over 30 years ago and only completed by this administration in 2018, evidently bolstered the Minister to offer the Chinese further contract to extend the rail lines at both ends, stretching its northern end to Abuja and its southern end terminating at the Warri port. He pushed for an add-on facility that amounted to building a new deep sea port in Warri. Mindful that the standard gauge Lagos-Ibadan-Kano stretch of the railway infrastructure is almost through and dusted, it would be understandable why Mr. Amaechi was leaving nothing to chance to put the twin infrastructure

THE RE-MAPPING OF NIGERIA THROUGH RAIL IS AN AMBITIOUS WORK TO RE-CAST THE COUNTRY IN THE MATRIX OF AN ECONOMIC POWER CONNECTING COMMERCIAL HUBS, AGRARIAN TERRITORIES, MANUFACTURING ZONES AS WELL AS INNOVATION HUBS IN NIGERIA SEAMLESSLY THROUGH RAIL

base of the Abuja-Itakpe-Warri and a deep sea port as the next necessary thing. To ensure that the expanding railway infrastructure base for which this administration wants to deploy in re-mapping Nigeria’s economic landscape is on track Mr. Amaechi actually tied this with a concept for a feeder university education and research facility serving the technical and manpower needs of the sector. So named the Transport University, the faculties will be dedicated to railway engineering and research and there is ongoing consultations between Amaechi’s team and the Chinese officials which expectedly would culminate in the signing of an MOU between both countries. Railway technology is considered unique and special requiring more than general engineering acumen to deliver operational consistency and expertise, something the Chinese have become very adept at and for which Nigeria stands to benefit from on account of this partnership. The partnership which places the obligation on the Chinese government to award scholarships to 100 Nigerians to study Railway Engineering to post graduate level in China in the interim will be part of the preparatory ground for the overhaul of the railway sector in Nigeria. Whilst the foregoing vision is steadily unfolding, the Minister was busy vigorously expanding on it. His team has been quietly working with the Chinese company manufacturing locomotives to set up an assembly plant in Nigeria not only for the needs of the rapidly deepening railway transport ecosystem in Nigeria but as an African market hub to serve the rest of the sub Saharan territory. The driving vision, which one cannot but commend, is to have Nigeria develop the capacity to be able to construct its own rail line in no distance future. Essentially, the re-mapping of Nigeria through rail is an ambitious work to re-cast the country in the matrix of an economic power connecting commercial hubs, agrarian territories, manufacturing zones as well as innovation hubs in Nigeria seamlessly through rail. It is a vision that already sees Nigeria flourishing with multiple deep sea ports across the massive stretch of shorelines running from the Bight of Benin to Lagos and connected seamlessly by railways across other territories of economic activities in the hinterland and further into the north. In summary, this article celebrates the vision as well as the arduous work going on to give Nigeria a fresh start with rail infrastructure. The Lagos-Kano standard gauge rail takes care of a vital artery in this design and is currently nearing the finish line. The Abuja-Itakpe-Warri standard gauge line is on course with add-ons that make a further economic statement such as new Warri deep sea port, University of Transport. There’s also the rehabilitation of the narrow gauge lines such as the Port Harcourt-Enugu-Maiduguri lines. Although no major push has been given to the previously mooted 1,402km rail infrastructure from Lagos-Benin-Port HarcourtCalabar rail line but it goes to highlight what the future holds with this team on the saddle. Mr. Dahiru, a banker and entrepreneur, wrote from Abuja

IS NOTHING SACRED? Chukwudi Igwe argues that AIT/RayPower crossed the red line

A

IT/RayPower founder, High Chief Raymond Dokpesi’s choice of protest to respond to the broadcast regulator, National Broadcasting Commission’s imminent shut down order was clearly a welldramatized diversionary ploy to dress his private business quandary in the garb of a national democratic tragedy. Even at that, Dokpesi lost his bearing by leading his few juvenile sympathizers to seek attention of the UN and foreign embassies in a re-enactment of dependence on colonial intervention. In actual fact, the broadcast entrepreneur was in a desperate bid to escape the wages of wanton exploitation of his media ownership for feathering his partisan political interests with brazen disregard for professional ethics and statutory regulations. Dokpesi admitted this much at the press conference he addressed a day before the shutdown was announced when he linked the problems of his media organization to “my affiliation with the opposition Peoples Democratic Party (PDP) and the government’s perceived bias by our stations in holding government, public officers and people in positions of power accountable to the people of Nigeria,� equating his PDP hatchet job with national service! The NBC has in the past had to sanction several other stations for similar violations of the broadcasting code. In March this year, the regulator sanctioned

45 broadcast stations, including NTA, AIT, Channels and TVC News, for alleged ethical infractions in relation to the 2019 general elections and fined them N500,000 each. The NBC Director-General, Ishaq Modibbo Kawu had warned that any of the stations that continue to broadcast hate and inflammatory comments which threaten the security of the country would be shut down. But the AIT/RayPower have by far been the worst offenders as the NBC revealed that it had summoned the management on several occasions in the last two years in response to monitoring reports as well as complaints from concerned Nigerians about contents of their broadcasts—June 2, 2017, August 15,2017, February 7, 2018, October18, 2018, among other occasions. According to the NBC DG, recently, DAAR Communications stations took their violations to new frontiers by streaming social media content on their programmes, regardless of the volatility and misleading features and even ridiculed the NBC by posting official correspondence cautioning against such violations of the broadcasting code on the social media. The stations had also gone to the extent of producing documentaries on the Atiku Abubakar petition against the election of President Muhammadu Buhari with commentaries that amount to passing verdicts in support of the petitioner to pre-empt on-going proceedings of the tribunal, capable of inciting civil disturbances should the tribunal reach contrary decision. A warning

letter sent to the management also became social media posting as the stations resorted to media propaganda disparaging the regulator. All these episodes were documented and presented to the Press by the NBC to debunk the orchestrated misrepresentation of motive and to counter Dokpesi’s allegations that the regulator was merely being tele-guided by the Presidency to muzzle the opposition’s freedom of expression as exercised by his stations whereas the cumulative impression created by the AIT/RayPower stations was that instead of making amends “ the management of DAAR Communications Plc has over the years turned into a bad example of how a professional broadcast outfit should be run�. The NBC also revealed that Dokpesi’s broadcast stations were operating with expired broadcast licenses which they had consistently failed to renew since 2015 when their five-year license lapsed despite demand notices and what can now be regarded as undeserved periods of grace to pay the statutory N500 million for another five-year license. Again, Dokpesi confirmed this when he told journalists that “the licensing fees in Nigeria is one of the highest in the world. There is no country in the world where you have this type of exploitative fees. I have appealed for a reduction because the payments cannot be sustained by private broadcasters in Nigeria,� a response that illustrates his penchant for arrogating to himself the sole

advocacy of the views and interests of the entire Nigerian broadcast industry which are subject to the same fees, regulations and codes and also collectively subscribe to the representation of the Broadcasting Organizations of Nigeria (BON) as umbrella body. Considering these appalling antecedents, it is truly amazing that otherwise responsible people can go out of their way to express sympathy or support the news Dokpesi dished out during his dramatized diversionary “pro-democracy� protest against what is clearly a long overdue clampdown by NBC. Most Nigerians with retentive memories will recall that Dokpesi similarly bastardized the broadcasting code when he literally prostituted the AIT/Raypower for the ill-fated PDP/ Goodluck Jonathan 2015 election campaign by producing some of the most inciting, defamatory and fabricated documentaries against President Buhari but got away with it because there was no principled, professional and fearless leadership at the NBC as we have had since Ishaq Modibbo Kawu took charge. From all indications Dokpesi has reached the end of the road of personal partisan political exploitation of Nigeria’s broadcast industry. In the words of William JH Boetcker, “freedom of the Press and freedom of speech are a blessing for a country while in the hands of honest, patriotic men; but a curse if in the hands of designing demagogues�. Igweh wrote from Onitsha

15

T H I S D AY TUESDAY, JUNE 11, 2019

EDITORIAL Gun Control Without A Gun Law? The order to retrieve registered firearms is ill-advised

I

n a nation where guns are flowing everywhere in the hands of ethnic militia men, armed robbers, kidnappers and sundry other criminal cartels, President Muhammadu Buhari has signed into law an executive order to remove, revoke, banish all firearm or shotgun certificate or licence. Going by snippets from the executive order which is yet to be made public, no private person in Nigeria will be allowed to legally own or carry prohibited weapons or gun. The pertinent question is: If people who legitimately own and registered their firearms are dispossessed while criminal gangs roam freely with guns, what exactly is the motivation behind this law? A presidential order withdrawing existing gun licenses is a lazy approach to controlling gun related criminality. Nigeria, according to most reports, accounts for at least 70 per cent of the illegal small arms and light weapons (SALW) circulating within the West African sub-region. A few years ago, the then Chief of Army StanTHERE ARE FAR TOO dards and Evaluation, MANY GUNS OUT THERE Major-General Shehu THAT WE NEED MORE Abdulkadir said that THAN REVISION OF “it is estimated that over 70 per cent of LICENSING RULES. WE eight to 10 million SHOULD START WITH illegal weapons in A MASS VOLUNTARY West Africa are in ARMS SURRENDERING Nigeria.” There is PROGRAMME WITH nothing to suggest INCENTIVES that the situation has changed. If the executive order is therefore informed by concern over rising insecurity, the president needs to rethink his strategy. Nearly all the gun violence at the heart of our insecurity has nothing to do with licensed guns. We are under siege from unlicensed arms in the hands of bandits. That happens to be the position of the House of Representatives which has asked the president to immediately rescind his decision because it contravenes the law since an executive order cannot override

Letters to the Editor

an act of parliament. “The danger is that it will make all of us very vulnerable to attacks. We are pushing the society into chaos. If the government wanted to do anything new, it should have been re-certification, if there is need. If Mr. President wants all of us to be killed, I think he can take that decision, otherwise he should rescind it,” said Hon Chika Adamu from Niger State.

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

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

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

THE MENACE OF PROSTITUTION IN FCT

P

rostitution is defined as the selling of sexual services. Many people in the country, especially people with conservative, religious views believe prostitution is immoral because it involves sex for money, a sign of moral decay. Many feminists believe that prostitution is degrading to women and provides a context in which women are robbed, beaten and raped. These two groups can agree on little else, but they hold strong negative views on prostitution. Regardless of other beliefs, people agree in Nigeria that prostitution spreads sexually transmitted diseases. Nigerians believe that prostitution should remain illegal and generally prefer stricter enforcements of laws and order against what some claimed as the world’s oldest profession. No one knows the exact number of prostitutes in the FCT. The authorities do not compile their list as they do for physicians, teachers and nurses, etc. One estimate put the number of prostitutes in the FCT at around 70,000 with many of them working part time. In the last one decade alone, the police in the FCT had made more than 50,000 arrests of prostitutes. But some of the prostitutes work indoors. Their clients are typically businessmen or other wealthy individuals like politicians. Escorts work for agencies which advertise heavily on Facebook and in the internet. They may

n order to rein in armed criminals, government in fact needs to reinforce existing gun legislation. What we need to tackle is illegal possession of the kinds of weapons being used to make the country difficult to govern. Under such a revised gun law, militia men and other sundry gunmen ought to qualify for lengthy prison terms on the mere basis of the illegality of such possession. Use of such illegal weapons to commit a crime should increase the penalty. It stands to reason that with access to abundant illegal weapons the rogue elements in our midst have become more fortified and hence less amenable to entreaties to make peace. Yet it was such easy access to SALW by some unscrupulous elements that resulted in total breakdown of law and order in some of the failed states in Africa of which Somalia is a prime example. The danger in the proliferation of weapons is that when they fall into the hands of non-state actors such as Boko Haram insurgents (or even the former Niger Delta militants before they were disarmed), they become objects of terror by people who have no regard for international laws and conventions. As matters stand today, there are far too many guns out there that we need more than revision of licensing rules. Nigeria now needs a comprehensive nationwide arms decommissioning programme. We should start with a mass voluntary arms surrendering programme with incentives. This should be followed by whistle blower-assisted arms recovery process. Following from that, the authorities can then enact a comprehensive gun law as we seek practical solutions to the challenge of insecurity in our country.

operate out of their apartments normally rented by their agency. In Abuja call girls and escorts are at the top of the hierarchy of prostitution. Another category of prostitutes are those who work in bars and casinos. They make contacts with customers in these settings. Prostitution exists because it serves very important function in the society. It serves as a source of income to women who have no means of securing a job or who are jobless. Prostitution reflects the economic inequality in society. Many poor women are compelled to become prostitutes in order to make ends meet. A growing number of scholars believe the best way to deal with prostitution in Abuja is to legalise and regulate it. I agree. Whatever we think of their behaviours, legal brothel workers are safe than streetwalkers from being robbed, beaten or raped and their required regular medical examinations leave them relatively free from sexually transmitted diseases (STDs).The health problems and harassment that many streetwalkers suffer is because their behaviour is illegal. Legalisation of prostitution would yield a considerable amount of tax revenue for the government as is the case with the state of Nevada in the United States. It should be replicated in Abuja. Jamila Musa, Abuja

LEADERS, JUST TELL THE TRUTH

P

oliticians of the world, Rejoice for you can still tell lies during elections.

The High Court of Britain has thrown out the case against prospective Prime Minister Boris Johnson. During a recent election he had made claims that withdrawing from the European Union would save £350m (US$400m). The figure was challenged by his opposition at the time and subsequently in a legal action. The action was apparently ‘politically motivated and vexatious’, an unusual occurrence in any honest election. The real concern is how honest are politicians, and especially prospective politicians, during elections. It’s not just a matter of kissing babies, shaking hands with people you will never speak to again or pledging monies to marginal electorate but to the themes they propose, better education, less poverty, freedom from drugs and in some countries just freedom itself. These are the things everybody wants and yet no one can seem to deliver them despite many honest attempts. Perhaps politicians should only promise what they can actually deliver. A relatively recent change has been the rise of fake news and attacks on the freedom of the press. If the truth is not known as shown with the Chinese government’s description of the Tiananmen Square’s massacre as ‘Justifiable’ then it disappears into the mists of times. There have been many attempts to remove or at least cleanse history with even some people claiming that horrors of the Holocaust did not occur. Fortunately there still are people who tell the true stories even if the cost is their own lives. We all need to tell the truth but especially our leaders. Dennis Fitzgerald, Melbourne, Australia

16

TUESDAY JUNE 11, 2019 • T H I S D AY

TUESDAY JUNE 11, 2019 • T H I S D AY

17

T H I S D AY ˾ TUESDAY JUNE 11, 2019

18

POLITICS

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

TRENDING NEWS

Building a New Momentum for Ogun Femi Ogbonnikan writes that Governor Dapo Abiodun of Ogun State has committed himself to run an administration that is fair, just, equitable and inclusive

W

hat looked impossible to many has happened. Prince Dapo Abiodun has assumed the mantle of leadership of Ogun state, as the fifth executive governor. Having taken the oath of office, the new governor will to hit the ground running. With high expectations, the people of Ogun state are full of enthusiasm for the change of baton. The eight-year tenure of the immediate past governor, Senator Ibikunle Amosun, was a harrowing memory of untold hardship brought to bear on the citizens. Most hit were workers of the state-owned tertiary institutions, students, artisan, traders and pensioners, who are praying not to have a repeat of such an insensitive government. Keen followers of events in Ogun State see the much-touted legacy projects, Amosun claimed to have executed as nothing, but mere window dressing to score cheap publicity to save his drowning political machinery. The power sector that he was expected to invest in was neglected, but he elected to embark on white elephant projects (for examples, flyovers, model colleges, road extension, etc) that have no direct bearing on the citizenry. At night, virtually every part of the state capital (Abeokuta) is thrown into total blackout. Poised to make a marked difference, Abiodun constituted an Economic Transition Team, made up of a constellation of stars, led by Mr. Tunde Lemo, former Deputy Governor of the Central Bank of Nigeria (CBN), to draw a road map for the socio-economic development and growth of the state. At an inauguration lecture at the June 12 Cultural Centre, Kuto-Abeokuta, Mr Fola Adeola, former Managing Director (MD), Guaranty Trust Bank delivered a paper titled, ‘Good Governance In Public Administration’, in his capacity as chairman of the event. He berated successive administrations in the state, for failing to implement the recommendations of past committees. Chiefly, he situated the problem on the over-bearing influence of sycophants and booth-lickers who mislead elected governors. He said, “Campaigning and winning an election anywhere in the world is an act of courage and submission to the peoples’ will. As soon as they win, the electorates will never find them (elected candidates) again. I would be less than honest if I did not admit that when the governor-elect called me, I was far away in Australia and he requested that I chair this event. My acceptance was reluctant. I was happy for him, yet I was reluctant. Why? Because I have been here before, almost to the date, 16 years ago. I gave the inauguration address at the swearing-in of my dear friend, Gbenga Daniel. It seems to me that after this electoral victory, there is a declaration of new dawn by the new office holder.” Adeola went to state what in his estimation often leads to a blockade of communication between those in government and the governed. “The problem is that, soon after the declaration of that dawn, darkness invariably returns in the gap between the dawn and the dust.” He explained his reluctance in accepting Governor Abiodun’s invitation to give the inauguration lecture. “I am tired. We are here again after another election. The governor-elect has convinced us to speak on the subject of good governance in public administration. What does that really mean? At the beginning of each new dawn, committees are set up that require hope and the best of the state minds are rolled into those committees. This time has not been different. The Governor-elect has set up even more committees than in the previous eras. If it has been based on that alone, we should believe him. Shouldn’t we? But we have seen committees before, we have also seen them transiting into four years administration when nothing happens, in respect of the recommendations that you make. And you know what? As they say in my own branch of Nigerian Union of

Abiodun

Adeola

Road Transport Workers (NURTW), “nothing spoil”. May be, what is different is the thing that has convinced us around. Good governance with costly implications, does Mr. Abiodun have it with him? Does he know what good governance is? Governance is willful submission of the self to rules and regulations, envisage rules by laws, not rule by men. Is that what he wants to do? I don’t believe him. Why not? Because, winners of an election, the drivers of the dawns are accountable to no one. Like his predecessors, they now put our state’s cheque book in his pocket and he needs not consult us before he uses it. He may be saying that his tenure will be different that he will submit himself and his friends to the best interest of the state, that the agenda he will execute will be for us and, not for any other purpose.” These were hard words coming from Adeola. But it looks like Abiodun chose him for that purpose. He did not want someone who will romanticize his ego and in the end say nothing that will challenge him to do some deep soul searching. Adeola did not spare the immediate past administration of Senator Amosun. His reference to his era was clear. He said, “Most governors do uncompleted projects with the state’s cheque book. We have seen few of such cases these days, of imaginary bridges and phantom projects. That said that is our democracy. In Ogun State, It will be uncharitable to say we have not witnessed significant investment in infrastructure, just not in human capital that will bring the infrastructure alive. For the economic good of the state, as the Yoruba says “a n ko ile, a o ko omo, ta lo ma gbe ile na ta, bi kose omo ti a o ko?” (meaning, “if we build a home, and we don’t teach a child in a moral way of life, who would sell off the home if not the untrained child?”). It is the same Yoruba that says ‘eni ba mo iyi wura l’a nta fun” (meaning, “He who values gold, gold is sold to him”’). Do we know what good governance is all about? Or are we just here for the celebrations of another dawn? Do we know when to say we have enough of bridges and roads, estate named without a president? Do we know when to ask for quality education? Are we people to whom gold can be sold to? Finally, does Dapo Abiodun have the goal to serve? Does the governor-elect know what good governance means and is he prepared to deliver it? We have established that he has some courage, and we have established that he has humility when he is not in control of the outcome.” After raising these important questions, Adeola went on to proffer the solutions he deems fit, as a stakeholder in the Ogun polity. In his definition, good governance, is submission of self. He advised Abiodun to focus on good governance to the best interest of the state’s development. Going in that direction, he said

will “develop economies, not just buildings schools that provide knowledge to the changing global economy, not just building with fans in every local government, not just schools, hospital buildings, even, if this is your soul legacy in this office, you will give Ogun State, possibly, Nigeria, the gift of the century. If on the other hand you do not, you need not worry, the bar is so low that the heaven will not fall, you will only be like the rest in the same mould of those who came before you. May God help you to become better than you are.” Also, Prof. Pat Utomi, guest speaker of the inauguration lecture, congratulated Abiodun on his electoral victory. “You were not a man to be alive, they wanted you to be dead. But you were lucky to emerge victorious,” said Utomi. He, however, charged the new governor to invest in training and retraining of civil servants for efficient service delivery. “Hold your political appointees accountable no matter whose ox is gored. Also, hold the civil servants accountable for their actions.” Utomi advised Abiodun to put paid to the era of sharing government money to friends and political associates. “Those have been surrounding you since your victory are self-wishers and not well-wishers. Be wary of sycophants if you want to succeed. “Tomorrow may be too far if we don’t pay much attention to our youths. Your priority should also be in the areas of security, education, healthcare delivery service. “If you can do those things, with the declining budget availability and internally generated revenue, the burden would be lesser,” said Utomi. The hall was expectedly quiet when it came to listening to Abiodun’s response, not necessarily because of the eminence of the speaker. Many where looking out for his comportment. Will he be angry with the forthrightness of Adeola? Thankfully, he went straight to address the task at hand. Abiodun promised to invest in human capital development to drive the socio-economic development of the state. Discussants at the event included Abiodun’s friends from the United States Embassy and the British High Commission; Dr. (Mrs.) Chrisitiana Famro, former Head of SERVICOM in the Presidency, and Dr. Tunde Oseni (Senior Lecturer, Lead University, Ibadan, Oyo state) and Prof. Ayo Olukotun, pioneer Vice-Chancellor, Babcock University, Ilishan, Ogun state). Other dignitaries were General Oladipo Diya, former Chief of General Staff, Otunba Gbenga Daniel, former governor of the state, Prince Gboyega Isiaka, Ogun state ADC Governorship candidate in the last general election, Rt Hon Suraj Adekanmbi, Speaker, Ogun State House of Assembly, Hon Titi Oseni-Gomez, former Speaker of the State House of Assembly, former and serving Senators, Oba Gbadebo Adedotun,

Alake of Egbaland, Oba Kehinde Olugbenle, Olu of Ilaro and Paramount ruler of Yewaland, Oba (Prof) Adeyemi Obalanlege, Olota of Ota, Oba Adewale Ajayi, Akarigbo of Remoland and other royal fathers. Everyone listened with rapt attention as Abiodun relayed his experience during the campaign and informed the gathering that this knowledge will guide his administration. “I saw the abundant natural endowment and vibrant youth population and felt the enterprising spirit of the people. But the deplorable conditions of our infrastructure, the less than dignifying living condition of the average citizen and the unmistakable disconnect between the government and the citizenry also stared us in the face. Citizens have become cynical of government; and trust, an essential element of social contract between the government and the governed, has been badly impaired. Indeed, the wide gap between the potentials and the realities on the ground shows that there is a missing factor, a catalyst and an enabler. I have no doubt that the missing link is good governance.” To the great relief of many, he made a commitment that he could held down to. According to him, “Three major steps have been taken as part of the preparations for the administration to match action with words in the determination to realise the mission to provide good governance. We have collated a list of basic needs of the people across all the local governments in the state. These include rural and township roads, primary health care centres, public primary and secondary schools, with indication of their current condition and categorisation as to the required efforts to turn around their fortunes. The next phase in this process is to engage the local communities to jointly determine the priorities for government intervention in the infrastructure in their respective areas. The intention here is to ensure government expenditures are aligned with the prioritised needs of the people and they are constantly engaged in matters that affect them. “Also, we have deliberately encouraged and invited various zones and critical stakeholders to submit in written form their peculiar requirements and perspectives on how the incoming government should positively impact their lives. It is gratifying that this challenge has been taken up enthusiastically by different groups who not only submitted their respective input but made professional presentations that make one to be proud of having the honour to preside over the affairs of such an enlightened people as the good people of Ogun State. My commitment is to serve you diligently and sincerely as an appreciation of the mandate you have bestowed on me. This event is therefore another step to emphasise the need for, interrogate, and further enrich the good governance mission of this administration. The resources are limited. I am confident that once we have the most important currency in our piggy bank-the trust of the people, earned through openness in the conduct of government affairs, accountability, integrity, engagement and remaining connected with the people on administration, we have all it requires to deliver on our campaign promises and have the shield to navigate successfully through the landmines. In all our decisions and conduct, the government will be fair, just, equitable and inclusive. These are non-negotiable principles that will underpin government operations.” His last words included the broad theme for his administration: ‘Building Our Future Together’. But he specifically said, “Let me assure you that we will carefully study and distill the conclusion of today’s conversations and synergise them with other submissions such as the Work Group reports and various input of stakeholders. Furthermore, this type of gathering will be a regular feature of our administration during which we hope to report back to the citizens, measure progress, tweak where necessary and build new momentum.”

T H I S D AY ˾TUESDAY JUNE 11, 2019

19

TRENDING NEWS

Battle for Ministerial Position Intensifies in Ebonyi Benjamin Nworie writes that the current thinking in Ebonyi State favours a cosmopolitan politician who will advance the political evolution in the state as a member of the Federal Executive Council

Onu

T

here’s uneasy calm in Ebonyi state as leading personalities in the All Progressives Congress (APC) make deft behind-thescene moves to secure nomination as representative of the state in the Federal Executive Council. Contenders for this golden slot have intensified their obvious intrigues. Though, this privilege to constitute his cabinet rests solely on President Muhammadu Buhari, lobbyists never stop trying to exert undue interference, as pressure begins to mount from some quarters throwing up what factors should be considered before pronouncing any ministerial nominee from Ebonyi state. President Buhari has the next four years to redeem the confidence Nigerians have in him, which appeared to have dropped in his first tenure. He has another chance to avert the unpalatable experience in his first term. One of the surest ways of achieving this is by the quality of members of his cabinet. Nigeria has been at a crossroad ranging from worsening economy to insecurity. Many Nigerians blame the challenges facing the country on the inability of the Federal Executive Council to initiate and implement good policies that would navigate the country out of its present woes. The President has been advised to look well before coming up with the list of members of his cabinet. Having been elected on the widely canvassed ‘change’ theme in 2015, Buhari did not quite record resounding success, to the disappointment of the teeming masses who supported him. However, history seems to have beckoned on him again. This time, there is renewed hope that the President will feel the pulse of the people and listen to their yearnings. Most of the ministers have exhausted their ingenuity and should be allowed to go home in peace. Most of them should be excused from active service and be inducted into the privlieged ‘senior citizens club’ where their opinion may be sort as the situation demands. Already, agitations have started coming from Ebonyi state that the current Minister of Science and Technology, Dr. Ogbonnaya Onu should be allowed to rest, in favour of a more vibrant representative from the state. Like Onu, a strong caution has also been sent against the choice of the 2019 All Progressives Congress (APC) Ebonyi State governorship candidate, Senator Sonni Ogbuoji for ministerial office. Both Onu and Ogbuoji are believed to be lobbying seriously for nomination.

Ucha

It was argued that though the President enjoys the prerogative to nominate his ministers or anyone into his team, such a person should be acceptable in his home state. In Ebonyi state, the state governor enjoys the first contact for possible candidates. The governor is believed to wield some influence on who becomes a minister from Ebonyi. Ordinarily, this applied until 2015 when the Peoples Democratic Party (PDP) lost control of governance at the centre. That led to the loss of the privilege by the governor to choose who takes the one golden ministerial slot for Ebonyi state. In Ebonyi, members of the APC were optimistic that Buhari will pay more attention to persons who have been very active in promoting the party as a consideration for inclusion in his cabinet. In the his first term, the ruling party seemed to be peeping from the gallery. When the ministerial breakdown leaked to the public, many lobbyists for ministerial position became jittery. In Ebonyi, the fear is that Buhari is known to be faithful to his friends, not minding criticism and resistance. In this case, even if the Minister of Science and Technology, Dr. Ogbonnaya Onu has performed abysmally as he was rated from the home front, Buhari may be guided his past relationship with him. But Ebonyi people are arguing that the era of Onu as a Minister occupying the single slot of the state has long past. They contend that Onu is no longer in tune with the demand of the present generation, especially as Ebonyi state is on the fast lane of sociopolitical cum infrastructure development. The current thinking is that Ebonyi needs a cosmopolitan politician who will advance the political evolution in the state. This is where they find Onu lacking, because his charity does not appear to begin from home. For one to display true leadership, he must be assessed from his impact in his locale. The 2019 general election was an eye-opener for the President and his All Progressives Congress. Most of the stakeholders fighting to be in control of the party in Ebonyi state were nowhere to be found. The party became vulnerable and most of it members were ‘devoured’ by the PDP. The party alleged that Onu and Ogbuoji abandoned their mandate to leadership at the crucial time. The duo have recruited splinter groups for the blame game. All these blame games were channeled to exonerate them from the poor performance of APC in the state

Ogbuoji

during the last election, while angling for another chance for inclusion in the President’s team. Having woefully lost the governorship election and subsequently withdrawn his petition against the winner, Governor David Umahi, the APC guber candidate, Senator Sonni Ogbuoji was accused by party members of high handedness. A group known as Ebonyi APC Youths Vanguard has insisted that the All Progressives Congress failed in the 2019 general election in Ebonyi state because the governorship candidate of the party, Ogbuoji allegedly created factions in the party and ran the governorship ticket as a personal enterprise always disagreeing with everybody in the party. The President of the group, Comrade Chuks Obeh recalled that the group had raised an alarm over the suspicious his activities and cautioned the national leadership of APC that Senator Ogbuoji was not only a bad influence but a destructive element that should be removed if the party must survive in the state. Obeh noted that the Senator’s activities since he won the party’s nomination as the governorship candidate clearly showed that he was not in the race to win but to destroy the party and use the governorship ticket to shop for a ministerial position. Another group, Ebonyi Consultative Initiative has called on President Muhammadu Buhari not to nominate the Minister of Science and Technology, Dr. Ogbonnaya Onu or the 2019 Ebonyi governorship candidate of the All Progressives Congress, Senator Sonni Ogbuoji as his ministerial choice from Ebonyi state. In a statement issued in Abakaliki, the National Coordinator of the Group, Chief Michael Chukwu said the duo have not done anything to advance the development of the state. The group therefore called on President Muhammadu Buhari not to consider the renomination of Onu or appointment of Senator Ogbuoji, if the President actually wants Ebonyi state to be taken to the next level in line with his campaign mantra. However, the group specifically made strong case for Ebonyi Central zone for ministerial nomination noting that the zone has not benefited from ministerial appointment like their Ebonyi North and South counterparts since the creation of the state. In their statistics, the group noted that Ebonyi South has produced four Ministers while Ebonyi North and Central

produced three and one respectively. The one Minister from Ebonyi central was Ambassador Frank Ogbuewu, who was Minister for Culture and Tourism about two decades ago. Though the group did not make a submission on any particular nominee, it was reliably gathered that some leaders of the All Progressives Congress from the Central zone, that raked in high votes for the President should be considered. In the APC top rank in Ebonyi, the preferred ministerial nominee include Senator Julius Ucha, Comrade Chinedu Ogah and Prof. Ben Odoh among others. Ucha and Ogah are said to have delivered the highest votes for President Muhammadu Buhari in Ebonyi state in the 2019 presidential election. “We deeply regret that for the last four years, our son was appointed the Minister of Science and Technology, his home state has been neglected as if it is not part of the country. Ebonyi state has been schemed out in the calendar of the Minister of Science and Technology, Dr. Ogbonnaya Onu. No federal presence has been recorded since he was appointed to head such a lucrative ministry.” “If Mr. President so loves Onu, he should appoint for an ambassadorial position where he will be interfacing with the international community. As far as Ebonyi is concerned, we don’t need a dormant and non-vibrant representative or nominee that will enjoy the quota of the state”. “In the same vein, it should not even be contemplated as we heard that the 2019 governorship candidate of APC, Senator Sonni Ogbuoji has been lobbying to take the ministerial quota from Ebonyi state. It will be a tragedy for Ebonyi state if that happens but we know that President Buhari hopes and thinks well for Ebonyi people. The option of Ogbuoji is no option and Ebonyi people will never accept that.” “Like Onu, Ogbuoji cannot offer good representation as a minister. For the interest of Ebonyi people, the President should be kind enough to nominate someone who has the passion for Ebonyi people and Nigeria at large. We have many capable hands from Ebonyi state that advanced the fortunes of the All Progressives Congress in the 2019 general election, if the choice must be based on party affiliation. If Ogbuoji could abandon his governorship ambition so soon to eye a ministerial position, it therefore means that he has no political sagacity to be considered worthy for such revered position,” the group concluded.

T H I S D AY t TUESDAY JUNE 11 , 2019

20

FEATURES

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

Boss Mustapha as a Technocrat

Tajudeen Suleiman writes that in less than two years upon his assumption of office as Secretary to the Government of the Federation, Boss Mustapha has made such an impact that would undoubtedly become a reference for future holders of the office

A

s U Charisma is what every leader need. It is a force of personality and strength of character that inspire devotion among the followership. No one is a leader without it, unless they pretend. Leaders who lack it often find out they cannot run the long distance because they’re alone. But when the leader also has the gift of vision, they are revered and adored. They inspire hope because they make people dream. They are charmers who make us dream and push us beyond the limit of our abilities. No matter in what role they are, they always leave their footprint. One of these leaders during the first term of President Muhammadu Buhari is Boss Mustapha. His experience in private practice as a lawyer and management consultant with deep involvement in government affairs may have prepared him for the job. In less than two years he served as the Secretary to the Government of the Federation (SGF) Mustapha made such an impact that would undoubtedly become a reference for future holders of the office. And he did this so unobtrusively. For instance, many in the first term cabinet of Buhari would not forget in a long time how they were driven so hard to deliver on the mandates of their offices by pure innovative thinking. With the authority of President Buhari, the OSGF initiated an accountability process for cabinet members whereby every member, including the SGF did physical presentation of the policies that were initiated by their ministries, the contracts approved and programmes executed. The process helped in no small measure to track government policies and programmes and ensured details of all projects were available and domiciled in the office of the SGF. This initiative led to the eventual launching of a compendium of about 1,042 pages of council’s memos initiated by the Buhari administration in its first term. As if this was not enough pressure to contend with, the office of the SGF also scored another first when it caused the Federal Executive Council (FEC) to sit three times within one week in an effort to help the administration concluded its first term seamlessly. It was the first time in the history of the country that FEC would sit thrice in a week to deliberate on national issues and consider over 100 memos, sitting for ten hours in one day. Boss Mustapha’s experience in governance, private sector and politics is well known. But as a writer once explained, what marks him out is not so much the richness of his experience, but how that impacts on his vision. Mustapha is driven by a collective vision that takes Nigeria as a whole, and not a collection of entities. It is a vision ably represented by President Buhari but for which he had not been given credit-largely because of those who puts their political interests above that of the country and the people. It is this vision that motivates him and it is why he is such a great asset to President Buhari’s administration. When President Buhari appointed him SGF in October 2017, he came into office as if he had been waiting for the appointment. It didn’t

Mustapha

Boss Mustapha’s experience in governance, private sector and politics is well known. But as a writer once explained, what marks him out is not so much the richness of his experience, but how that impacts on his vision. Mustapha is driven by a collective vision that takes Nigeria as a whole, and not a collection of entities take him a week to prepare an agenda for his tenure, and he applied himself to the job in a way that immediately created a desired impact. First, he realized there was an urgent need for a national dialogue among states and the Federal Government to promote cooperation and understanding and bring down tension in the polity. He immediately revived a quarterly meeting that used to hold between the OSGF and those of the 36 states which has not been taken place

for a couple of years. It was a strategic step to ensure federal government policies and programmes are understand at the state level and that all parts of the country are on the same page with the government at the Centre. The venue of the meeting was rotated among the states and zones to give everyone a sense of belonging. Speaking about the interaction with the states in a media interview recently, he said: “When we started the meeting, I realized that so many things that were decided at the Federal level never took hold in the states. There was big communication gap. But that meeting provided us with a platform where we shared ideas, experiences of how things were done in different states and many of the states began to learn from the experiences of other states. “ As a result, states were able to embrace many of the federal government initiatives, including the Anchor Borrowers Programme for Agriculture and the School Feeding programme. But more than any other, it is in the way the SGF enabled a synergy among government institutions and promoted a seamless transmission of information and document in coordinating government activities that would be the hallmark of his tenure. The SGF, perhaps unknown to many, succeeded in fostering a positive liaison between the executive and the legislature which greatly reduced the adversarial relationship between the two

arms of government. Mustapha also used his office to become part of the solution to the security challenges of the country. The Special Services Office in the OSGF, which provides the secretariat to the office of the national security adviser became more active under him. Security meetings were summoned and held with permanent secretaries at the different levels of different states with their permanent secretaries to ensure there was synergy in dealing with security matters plaguing the country. His office coordinated these meetings which became routine, sometimes monthly, sometimes quarterly, depending on the level of threat. It provided a forum to discuss the security implications of whatever was happening all over the country. Thus, he turned the office not just into an overtly active secretariat for security matters in the country, but also provided perspective and intellectual analysis of security threats to states and federal government. At a time of unprecedented security challenges, his office provided intelligence, and other logistics support to contain the different dimensions of the security challenges. The 62-year-old lawyer, management consultant and politician is also a workaholic. There are reports in the media that most often than not, he leaves his office as late as 2am because he had to attend to all files. He cuts more of the image of a technocrat than a politician for which he seemed better known.

A

11.06.2019

WEEKLY PULL-OUT

‘I WANT TO BE REMEMBERED AS A REFORMER’

Hon. H on. Justice Justic Olufunmilayo Opeyemi Oke

2/DASHBOARD

11.06.2019

Whether Court can Raise and Determine Jurisdictional Issue Suo Motu PAGE 4

NBA-SBL: Set to Surpass Previous Conferences PAGE 5

SERAP holds Talk on Constitutionality and Legality of the Cybercrime in Nigeria Today PAGE 5

Lagos CJ Launches Handbook for Court Registrars at a “Pull-Out” Ceremony PAGE 6

‘A Lawyer is a Student till he dies’ PAGE 6

QUOTABLES ‘Our policy was, to tackle and deal with grand corruption first. By this, I mean the stealing of huge public resources, directly from the Treasury.’ – Professor Yemi Osinbajo, SAN, GCON, Professor of Law, Vice President, Federal Republic of Nigeria

A ‘ man conducts an election; you are challenging that election. Do you think that he’s going to support you? Do you think he’s going to make evidence available to you, to nail him? No!’ – Robert Clarke, SAN

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

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

/3

Free Speech: Between Punishment and Persecution

I

Suspension of DAAR Communication’s Licence really do not know when DAAR Communications (DAAR), the owner of African Independent Television (AIT) and RayPower Radio Station, ran into troubled waters, but from the time they featured a documentary during the 2015 election campaign (which I watched) - I believe that it may have been called ‘The Real Buhari’, portraying President Muhammadu Buhari (Baba) as a cruel military dictator, in short, as an unrepentant despot who was unlikely to turn over a new leaf; in which a BBC Reporter also said Baba had no coherent economic plan for Nigeria, I knew that it would be only a matter of time, before DAAR would pay for its negative broadcast, if Baba was victorious at the polls. To tell the truth, I am even surprised that they have lasted this long, especially since Dr Raymond Dokpesi, the founder of DAAR, had already been arrested on money laundering charges, in December, 2015. Last Thursday, the National Broadcasting Commission (NBC), the Regulator established by Government to regulate and superintend broadcast media in Nigeria, suspended DAAR’s broadcasting licence indefinitely, for alleged breach of the Nigeria Broadcasting Code (BC) (which “represents the minimum standard for broadcasting in the Federal Republic of Nigeria”) and non-payment of licensing fees, as and when due. They were accused of broadcasting hate speech and materials likely to incite people against the Government, especially on their talk show, ‘Kakaaki’. No wonder, recently, Channels TV introduced an appendage at the end of its talk shows, stating that the views expressed on the shows, were those of the discussants, and not that of their television station! Freedom of Expression and the Press On Friday, I watched the Morning Show on Arise TV, where, in commenting on the closure of AIT, Dr Reuben Abati, said something to the effect that, Baba had stated that he would not clamp down on the media. The true position of the law, is that, it is certainly not Baba’s prerogative not to clamp down on the media. Freedom of the press, is not Baba or his Government’s, to give or take. While Section 38(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended)(the Constitution) guarantees the right of every person to freedom of thought, Section 39(1) and (2) also guarantee our right to freedom

Dr. Raymond Dokpesi

of expression and the press, “including freedom to hold opinions and impart ideas and information without interference”. Be that as it may, according to the Reporters Without Borders World Press Freedom Index, Nigeria ranks a low 119th out of 180. Permit me to reiterate the fact that, one of the essential elements of democracy, is the protection of human rights, like the right to freedom of thought, expression and the press, the right to equality, right to religion, right to education. freedom of association and so on. Unemployment My first observation about the indefinite shutdown of AIT and RayPower, is that, it would plunge their hundreds of workers, into unemployment. I wondered, should the NBC not have taken the welfare of the staff of DAAR into consideration, before it took such a drastic step? Apparently, it is not unheard of that, even if DAAR was owing on licensing fees, the NBC could make concessions. Currently, the unemployment rate in Nigeria, is very high, and seems to be continually on the rise, and this is one of the issues, which Government vowed to tackle - to create jobs, not to take them away. Has NBC forgotten that Section 14(2)(b) of the Constitution provides inter alia that, the primary purpose of Government, is the welfare of the people? In the same vein, Section 16(2) (d) of the Constitution states inter alia that, unemployment benefits be provided for all citizens. However, we certainly do not have any ‘dole’ (unemployment benefits) for unemployed Nigerians, and being well aware of this, it is therefore, Government’s duty, to do its possible best, to save the jobs of those in employment, knowing that there is no provision for them, should they lose those jobs. For an organisation which seems to have been struggling financially over the past few years, laying off hundreds of staff last year, DAAR’s indefinite closure with no source of revenue, would most likely be, a final nail on its coffin! While I do not seek to make judgement about this matter, especially as I am not fully abreast of the facts, I can safely say that, indefinite closure (shutdown) and revocation of licence, are the strongest sanctions provided in the BC, and must not be invoked lightly, or used simply to settle scores. Hate Speech and Political Intolerance Even though there does not seem to be a

conclusive definition of hate or inciting speech, I’m beginning to believe that, in Nigeria today, it could more or less be defined as, any opinion perceived to be not in support of this administration! Is there any truth to the allegation made by many in media circles, that the reason for the suspension of DAAR’s licence, is more to do with political reasons, than anything else, because of Dr Dokpesi’s perceived lack of support for this Government? Who knows. Is it hate speech or inciting opposition, to point out something wrong or less than satisfactory, that an individual or Government has done? Or to remind people about things that have transpired, which those people prefer to forget or gloss over? To be honest, I find that many of my friends who are members of the All Progressives Congress (APC), are absolutely intolerant, when it pertains to any form of criticism against them, their performance, or their party. Once you make a statement which they perceive to be anti-APC, they do not even consider the content of the statement, but accuse you of being a PDP member. I remember something I wrote in February or March, after the Presidential election, where I commented on Senator Bola Tinubu and the bullion vans seen entering his residence the day before the election - an APC member telephoned me, accusing me of being partisan and uncomplimentary, warning me that nobody would ever read my page again, for daring to sound anti-Bola Tinubu in my piece. I found it so ludicrous, that someone so intellectually sound, could talk so unintelligently. I told him that, if Senator Tinubu did not want anyone to talk about the bullion vans, or that they were a secret, he should certainly not have taken delivery of them in broad day light. Similarly, another APC stalwart called to accuse me of being partisan, and to tell me off about recent my piece on Atiku Abubakar v INEC & Muhammadu Buhari at the Presidential Election Tribunal, and the withdrawal of her Lordship, Honourable Justice Bulkachuwa from the matter. He felt that, she should not have withdrawn. I told him that, he is entitled to his opinion, as I am, to mine; plus, I was simply stating the position of the law, as I believed that I had proven, using the Code of Conduct for Judicial Officers and judicial precedent, that there were enough grounds for the Petitioner to ask for her Lordship to recuse herself from the matter. Likewise, in ‘The Real Buhari’ – while I took some of its contents with a pinch or bag of salt (like the part of it that accused Baba of making off with N2.8 billion oil money, allegedly traced to a Midland Bank account), I was between the ages of 18 and 20 during Baba’s military regime, and was therefore, well aware that there were parts of the documentary, that were true, like the execution of Gladys Iyamah, a paralysed woman, who was arrested for drug trafficking, a mother of two paraplegic children, who begged for their mother’s life to be spared, but were obviously sorely disappointed and heartbroken, when their pleas fell on deaf ears, and their mother became the first woman to be executed by firing squad in Nigeria, by Baba’s military regime; the attempted kidnapping of Alhaji Umaru Dikko from London; the promulgation of Decree No. 2 of 1984, which allowed indefinite detention on security grounds, Decree No. 4 of 1984 (Protection Against False Accusation), a very repressive law, which criminalised false reports against officials of the Federal Military Government or reports that were brought or were calculated to bring them into ridicule or disrepute, under which Journalists Tunde Thompson and Nduka Irabor, were jailed for one year each, for the publication of factual stories, which were not even denied as false, by Baba’s regime. Obviously, it didn’t matter if the report was true, as long as it brought the official into ridicule or disrepute, it was a crime to disseminate such a report. Can what is happening to DAAR, be

ONIKEPO BRAITHWAITE

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

“....BUT, FROM THE TIME THEY FEATURED A DOCUMENTARY DURING THE 2015 ELECTION CAMPAIGN.... ‘THE REAL BUHARI’, PORTRAYING PRESIDENT MUHAMMADU BUHARI (BABA) AS A CRUEL MILITARY DICTATOR....AS AN UNREPENTANT DESPOT, WHO WAS UNLIKELY TO TURN OVER A NEW LEAF.... I KNEW THAT IT WOULD BE ONLY A MATTER OF TIME, BEFORE DAAR WOULD PAY FOR ITS NEGATIVE BROADCAST, IF BABA WAS VICTORIOUS AT THE POLLS” likened to an attempt by Baba’s Government, to somehow re-introduce Decree No. 4 in a democratic dispensation, and prevent people from disseminating the truth, punishing them for same, because they find the truth bitter or embarrassing? This would be not just unacceptable, but antithetical to the tenets of democracy. Journalism Journalism is “the production and distribution of reports on recent events”. Of course, it can also be on past events, but whatever the event, reports must always be true and correct. As a Lawyer especially, I can never subscribe to the dissemination of false information. However, the law amply provides for the process of punishment, of those who spread false information, meant to cause their targets odium and public ridicule (libel and defamation of character). For example, subsequent upon that documentary, Alhaji Mustapha Jokolo, the former Emir of Gwandu, who had served as the aide-de-camp to Baba, sued AIT over some defamatory statements made about him in it. AIT had to apologise to him publicly and make a retraction, and the matter was settled out of court. I am glad to see that, Government obeyed the court order and respected the rule of law in this instance, following an Abuja Federal High Court ruling, ordering the reopening of AIT and RayPower, by allowing them to get back on air. I actually believe that, there is nothing wrong in the proceedings of the Presidential Election Tribunal, being aired live for members of the public to view, as it is a matter of great national interest. “If liberty means anything at all, it means the right to tell people what they do not want to hear.” - George Orwell

4/LAW REPORT

11.06.2019

Whether Court can Raise and Determine Jurisdictional Issue Suo Motu

T

the failure of the court to afford parties a hearing on the issue before deciding same, constituted a breach of the Appellant’s right to fair hearing. He relied on SHITTA-BEY v PUBLIC SERVICE COMMISSION (1981) 1 SC 40 and SAUDE v ABDULLAHI (1989) 4 NWLR (Pt. 116) 378 at 420. Counsel for the Respondents submitted on the contrary, that though parties deserve to be heard where the court raises an issue on its own and before a decision by the court on the issue so raised, failure of the court to give the parties a hearing may not necessarily render the decision perverse and void, if no miscarriage of justice was occasioned thereby. He posited further that, in the instant case, the issue of the competence of the Appellant’s application raised and determined suo motu by the Court of Appeal, did not occasion any miscarriage of justice to the Appellant; especially as the court went ahead to consider and determine the issues raised by the Appellant, on the merit. Counsel submitted that, the Appellant had failed to show how the failure to invite parties to address it on the said issue would have changed the outcome of the appeal, or the miscarriage of justice occasioned by the said decision. He relied on IMAH v OKOGBE (1993) 9 NWLR (Pt. 316) 159 at 178; AKPUNONU v BEKAERT OVERSEAS (1995) 5 NWLR (Pt. 393) 42; and AGBAREH v MIMRA (2008) 2 NWLR (Pt. 1071) 378.

Facts

he Respondents, by a Charterparty dated 1st November, 1995, agreed to charter a Tanker Vessel “MT Venturer” to the Appellant, for the carriage of petroleum products from the coastal refineries to places within Nigeria and the West African sub-region, and any other location named by the Pipelines and Products Marketing Company in Europe/ Africa/Asia and South America. By an Addendum dated 2nd December, 1996, the Charterparty was amended by substituting “MT Venturer” with another vessel – “MT Dignity”. Upon the determination of the Charterparty, the Respondents submitted their final invoices to the Appellants, which included claims for interest on the hire payment, which they alleged began to accrue after 90 days from the due date of payment, at the rate of 12%. The Appellant disputed the claim for interest, by relying on Clause 15 in the Charterparty that: “In default of punctual or regular payment as herein specified, the owner shall notify the Charterers, whereupon the Charterers shall make payment of the amount due within forty five (45) days of the receipt of the notification from the owner, failing which, the owner shall have the right to withdraw the vessel from the service of the Charterer. Charterers shall not be liable to pay owners interest accruing on any delayed payment, as above.” On the other hand, the Respondents contended that, they were entitled to interest under Clause 18 of the Charterparty, which stated that: “Notwithstanding any provision to the contrary in this Charter, the owners hereby agree to 90 days credit in the payment of Charter fees free interest. The dispute was referred to arbitration as agreed in the Charterparty contract, and at the conclusion of arbitration proceedings, the Arbitrators by a split decision of 2-1, ruled that the Respondents are entitled to claim interest on unpaid hire, after the expiration of 90 days interest free period. Consequent upon this, the Appellant filed an application at the Federal High Court, praying that the said Award be set aside. In its ruling, the trial court refused the application, on the ground that it has no jurisdiction to set aside the Arbitral Award. Dissatisfied, the Appellant appealed to the Court of Appeal, which court resolved all the issues for determination in favour of the Respondents. However, the Court of Appeal went on to observe that, the originating process filed by the Appellant at the trial court was incompetent, because it was not signed by a legal practitioner representing the Appellant or a person known to law but signed by an unnamed person “for and on behalf of SEYI SOWEMIMO, SAN. On this basis, the Court of Appeal held that, the entire proceedings at the trial court, was null and void ab initio, and set same aside. Aggrieved, the Appellant further appealed to the Supreme Court. Issues for Determination The Appellant distilled three issues for determination, as follows: 1. Whether the learned Justices of the Court of Appeal were right, in holding that Rider Clause 18 was clear and unambiguous in the manner in which it has been couched. 2. Whether the learned Justices of the Court of Appeal were right, in holding that there is no internal inconsistency between Rider Clauses 15 and 18. 3. Whether the learned Justices of the Court of Appeal were justified, in declaring the proceedings at the Federal High Court null and void, when neither of the parties had raised the issue of incompetence of the court processes, and had not been afforded an opportunity of addressing the court on the issue, and after the Court of Appeal had itself delved into the merits of the case. The Respondents, on their own part, distilled two issues for determination. However, in its determination of the appeal, the Supreme Court relied on the 3rd issue formulated by the Appellant, which was similar to the second issue distilled by the Respondents. The Supreme Court reformulated the said issue as follows: Whether the Court of Appeal was right to declare proceedings at the trial court null and void, after resolving the appeal on its merits, and without affording the parties the opportunity to be heard. Arguments It was argued for the Appellant that, the decision of the court declaring the proceedings at the trial court null and void should be reversed, since the Appeal was fought by the parties on the merits, and a decision on the merits was rendered by the Court of Appeal. Counsel argued that, having heard and

Hon. Amina Adamu Augie, JSC

In the Supreme Court of Nigeria Holden at Abuja On Thursday, the 21st day of February, 2019 Before Their Lordships Ibrahim Tanko Muhammad Mary Ukaego Peter-Odili Musa Dattijo Muhammad Amina Adamu Augie Paul Adamu Galinje Justices, Supreme Court SC815/2014 Between Nigerian National Petroleum Corporation (NNPC) ........Appellant And 1. Roven Shipping Ltd. (Owners of “MT Venturer”) 2. Dignity Shipping Ltd (Owners of “MT Dignity”) ...........Respondents (Lead Judgement delivered by Hon. Amina Adamu Augie, JSC)

determined the appeal on the merit, the Court of Appeal had become functus officio; hence, lacking in jurisdiction to revisit and upturn its own decision. He argued further that, the issue of the competence of the Appellant’s suit having been raised by the court suo motu, it was important that parties were heard, before the court could give any decision on the said issue, and

“....THE PRINCIPLE THAT PARTIES SHOULD BE GIVEN A HEARING BEFORE A DECISION CAN BE MADE WHENEVER A COURT RAISES AN ISSUE NOT WITHIN THE CONTEMPLATION OF PARTIES AND SUO MOTU, APPLIES MAINLY TO ISSUES OF FACT AND THAT, IN SPECIAL CIRCUMSTANCES, AN ISSUE OF LAW OR JURISDICTION MAY BE RAISED SUO MOTU AND DECIDED WITHOUT HEARING THE PARTIES”

Court’s Judgement and Rationale Pronouncing on the issue before it, the Supreme Court held that, though it is beyond contention that the requirement of giving parties the opportunity to address a court on an issue raised by the court suo motu is a general rule; however, like other rules, it has exceptions. Relying on its decisions in EFION v C.R.S.I.E.C (2010) 14 NWLR (Pt. 1213) 106; TUKUR v GOVERNMENT OF GONGOLA (1989) 4 NWLR (Pt. 117) 517; and BOLA OMONIYI v JACOB ADEGBOYEGA ALABI (2015) LPELR-24399 (SC), the Apex Court held that, the principle that parties should be given a hearing before a decision can be made whenever a court raises an issue not within the contemplation of parties and suo motu, applies mainly to issues of fact and that, in special circumstances, an issue of law or jurisdiction may be raised suo motu and decided without hearing the parties. The Court also held that, the failure of a court to give parties an opportunity to be heard on an issue raised suo motu, does not in every case occasion a miscarriage of justice, because every case is determined on its own merits. Therefore, it is not enough to make the allegation, the Appellant must further show how the said error of law, occasioned a miscarriage of justice. The Court held that, the issue raised by the Court of Appeal which clearly touches on the competence of the Applicant’s application at the trial court, an originating process, having been signed by a person unknown to law, is jurisdictional. It was therefore, not necessary for the Court of Appeal to hear the parties before declaring the application incompetent. Hence, having been faced with the originating process filed at the trial court, which is ex-facie incompetent and incurably bad, the Court of Appeal could not close its eye to same. The lower court was standing on firm ground, when it declared the application and the entire proceedings at the trial court, null and void. The Court placed reliance on AMADI v OKOLI (1977) NSCC (VOL. II) 117 and SLB CONSORTIUM v NNPC (2016) 9 NWLR (Pt. 1252) 317. More so, there was no miscarriage of justice occasioned to the Appellant, when the Court of Appeal raised the issue of competence and proceeded to strike out the application, because it had considered all the issues placed before it, and the issue so raised and decided suo motu, was a fundamental issue of law that should not be left unattended to, though it was not raised by any of the parties. There is no question that the originating process filed by an unknown person “for Seyi Sowemimo, SAN”, was dead at the point of filing and even if the parties were given the opportunity to address the court on the issue, there was no remedy that could have turned the application to a document signed by a legal practitioner, or brought it to life. Appeal Dismissed. Representation O.S. Sowemimo, SAN with Remi Coker Esq. for the Appellants. Vincent Ogude Esq. with Hycernt Ubah Esq. and Kehinde Wilkey Esq. for the Respondents. Reported by Optimum Publishers Limited (Publishers of Nigerian Monthly Law Reports (NMLR))

11.06.2019

NEWS/5

L-R: Council Member, Mr Mena Ajakpovi; Chairman, 13th Annual Business Law Conference, Conference Planning Committee, Dr Adeoye Adefulu; Chairman, Nigeria Bar Association Section on Business Law (NBA- SBL), Mr Seni Adio, SAN; Chairperson, Programmes Sub-Committee, Mrs Ozofu Ogemudia and Council Member/ Company Secretary and Chief Legal Counsel, Sterling Bank Plc, Justina Lewa, during a press conference on the forthcoming 13th Annual Business Law Conference of NBA-SBL held at Marina, Lagos, recently

NBA LAW WEEK Chairman, NBA Lagos Law Week Planning Committee, Mr. Tola Oshobi, SAN (left) and Chairman NBA Lagos Branch, Mr. Chuka Ikwuazom at a press briefing to announce the NBA Lagos Law Week

NBA-SBL: Set to Surpass Previous Conferences In its final preparations for its Annual Business Law Conference, the Nigerian Bar Association’s Section on Business Law (NBA-SBL), has assured Lawyers that its Conference this year, will surpass all its previous conferences. Speaking at a press conference last Friday, Chairman of the Conference Planning Committee, Dr Adeoye Adefulu, told a gathering of law editors, that the NBA-SBL 13th Annual Business Law Conference scheduled to hold on the 26th – 28th June, 2019, will bring Lawyers from other jurisdictions together, at the Eko Hotel Exhibition Centre, to interrogate issues around the theme “Growth, Investments and Employment: Beyond the Rhetoric”.

Adefulu said “the 2019 Conference will focus on our nation’s economy. This is a matter of great importance to the Federal Government of Nigeria, the private sector, as well as investors”. “Conference sessions will examine the factors, steps and actions required, to ensure economic growth and increase the rates of investment and employment, in Nigeria. The role of legal practitioners and the opportunities for business growth and professional capacity development, will be central to these discussions.” Plenary sessions at the Conference include, “Triage – The Nigerian Economy”, “Health, Security and Education:

Building a Foundation for Inclusive Growth”, “Moving from Crude to Value Addition”, “#MeToo – Sexual Harassment in the Workplace”, “Investing in Trade: Options, Challenges and Keys to Success”, “Building Investor Confidence in the Administration of Justice”, “Leading the Charge: The Private Sector and the Nigerian Economy”, “Smarter Regulation: A Catalyst for Growth, Investment and Employment”, “Making Mining in Nigeria Work”, “The Agriculture Value Chain as a Catalyst for Economic Growth”, “Improving Financial Services as a Catalyst for Growing MSME’s”, “Mind the Gap: The New Era of Taxation

in Nigeria”, “The Future of Law: Adapting to the Changing Face of the Legal Profession” and “The Path to Partnership”. The CPC Chair further stated that, there would be a special pre-Conference session for General Counsel and Senior In-House Lawyers, scheduled to hold on Tuesday, 25th June, 2019. The theme of the Session is, “Gaining Perspective: Shaping the Role of the African GC”. This Conference, is organised in conjunction with International Lawyers for Lawyers Africa (“ILFA”). The Conference is expected to feature a Variety Night, Fashion Show & Art Exhibition, on the 27th, at 5:30pm, and a closing party on the 28th, at 7:00pm.

SERAP holds Talk on Constitutionality and Legality of the Cybercrime in Nigeria Today Peter Taiwo The Socio-Economic Rights and Accountability Project (SERAP) will today, hold a Media Interactive Session on “Media Freedom: Constitutionality and Legality of the Cybercrime in Nigeria”, today at the Genesis Hotel, 16 Oba Akinjobi Street, Ikeja. A statement signed by Kolawole Oluwadare, SERAP Deputy Director, said the Media roundtable will bring together journalists both in the Print and News Media, Nigeria

Homeowners Drag Property Developer to EFCC, for Allegedly Mortgaging their Properties to Obtain Loan Akinwale Akintunde The homeowners of Pearl Nuga Park Estate and Pearl Garden Estate situated at Sangotedo Village in Eti-Osa Local Government Area of Lagos State, have dragged CMB Building Maintenance and Investment Company Limited to the Economic and Financial Crimes Commission (EFCC), over alleged fraudulent mortgage of some of their homes to secure bank loans. The separate petitions dated May 28, 2019 and addressed to the acting EFCC Chairman, Mr Ibrahim Magu, were signed by the executive members of both estates (names withheld). They alleged that, the real estate firm and its Managing Director, Mr Kelechukwu Mbagwu, had engaged in criminal breach of trust, unlawful enrichment and

conversion of their properties. According to the Petitioners, CMB obtained a mortgage from Wema Bank Plc, using the affected homes at Pearl Nuga Estate as collateral, without the knowledge or consent of the affected homeowners of the properties. "The affected homeowners had paid CMB for those houses to be built, and had taken possession of their houses from CMB at different times. "CMB and Mbagwu fraudulently withheld the title deeds of the houses from the affected homeowners, as it withheld those of several other homeowners within the estate”, the Petitioners alleged. They said the Bank had began a recovery of the six

houses within the estate through a law firm, Jirey & Greys, following the failure of the property developer, to repay the loan. Similarly, Pearl Garden Estate also accused CMB of using the homes of four of their members who had already paid in full, to fraudulently obtain a N10 million loan from Diamond Bank (now Access Bank). The Petitioners said: "We have no other choice but to believe that other houses of our members and homeowners within the estate, may be the subject of similar fraudulent mortgages . "We ask you to investigate this criminal and wanton fraud, on our hardworking members and their families. "We humbly request

that, you use your good offices to thoroughly investigate this fraudulent act, hold the CMB Building Maintenance and Investment Company Limited and Mbagwu accountable for the fraud, and prevent the loss of the homes of these rightful homeowners and other affected homeowners, which may not be known at this time." In its reaction, CMB in a statement, said the false allegations making the rounds, stem from a few people who were resistant to the structured and well-ordered running of things. "We believe that we have a responsibility to the silent majority, who support order and structure. "Regarding the recent attempt to intimidate the residents of Pearl Nuga

Park and embarrass the company, we are currently addressing the issue of abuse of a court process by the Bank in question, which resulted in the sham and completely malicious execution of a non-existent order. "There is no possession order whatsoever on any of our properties on Pearl Nuga Park, or any other CMB built estate anywhere in Nigeria. "Again, we restate that, the issue with the Bank has no legal or lawful bearing, on any properties within the estate. We assure our esteemed clients that, they have nothing to fear. "They can expect the same total commitment to delivery and quality, as they have received over the past 15 years”, the company's management said.

Union of Journalists, Online Media Association of Nigeria, Nigerian Guild of Editors, Bloggers, Law Enforcement Agencies (LEAs), Judiciary, Ministries, Departments and Agencies, Nigerian Bar Association, and Civil Society Organisations, to discuss the right to freedom of expression, media freedom, and the constitutionality and legality of the Cybercrime Act in Nigeria. “The roundtable will discuss ways of addressing the threats, harassment and intimidation faced by Journalists and media practitioners including bloggers etc, since the passage of Cybercrime Act in 2015, to date. “The conclusions and recommendations at the roundtable, will be sent to the appropriate agencies and other concerned authorities, as well as international human rights bodies”, he stated. SERAP is a non-profit, nonpartisan, legal and advocacy organisation, devoted to promoting transparency, accountability and respect for socio-economic rights in Nigeria. SERAP received the Wole Soyinka AntiCorruption Defender Award, in 2014. It has also been nominated for the UN Civil Society Award, and Ford Foundation’s Jubilee Transparency Award. SERAP serves as one of two Sub-Saharan African civil society representatives, on the governing Committee of the UNCAC Coalition, a global anti-corruption network of over 380 Civil Society Organisations, in over 100 countries.

6/

11.06.2019

Lagos CJ Launches Handbook for Court Registrars at a “Pull-Out” Ceremony Akinwale Akintunde Lagos State Chief Judge, Hon. Justice Opeyemi Oke, last Thursday, launched a handbook for the court registrars, to ensure an effective service in the State. Justice Oke, who launched the handbook at a pull-out ceremony, noted that the handbook would guide the court registrars appointed from amongst legal practitioners, in their daily duties, and ensure that they render effective service. According to Justice Oke, the appointment of legal practitioners as registrars, was to improve service in the judiciary system. “The handbook developed by the Justice Josephine Oyefeso led Committee, is to guide the court registrars appointed from amongst legal practitioners in their daily duties, and ensure that they give effective service to litigants and the people of Lagos State. The appointment of legal practitioners was novel in the nation’s Judiciary, and that it was done to improve service in the Judiciary. “The court registrars will work as head of the Judges’ chamber, and function effectively to improve operations of the court. Plans are on hand, to also appoint more legal practitioners as court registrars, in the Magistrate courts”, she said. The pull-out ceremony which was held for the Chief Judge as part of the activities to mark her retirement, was performed by Nigeria Police Force (NPF), and the exercise included a parade

The outgoing Chief Judge of Lagos State, Hon. Justice Opeyemi Oke, at the Pull Out Parade/Inspection of Guard held in her honour at the High Court Premises, Igbosere, Lagos, last Thursday

and an inspection of ‘the Guards’ by the Chief Judge. There was also a drama sketch by Kiniso Koncepts titled, ‘Just Service’,

which also chronicled all the achievements of Justice Oke while in office. The event had in attendance, High Court Judges, Magistrates, and other

stakeholders. Justice Oke however, officially retired yesterday, June 10, 2019, as the 16th Chief Judge of Lagos State.

Legal Personality of the Week Rilwan Balogun

‘A Lawyer is a Student till he dies’ Please, give a brief introduction of yourself My name is Rilwan Balogun. I obtained a Law degree from the Ahmadu Bello University, Zaria, after which I proceeded to the Nigerian Law School and was called to the Bar. I did my internship at Okey Wali & Co, Port Harcourt. I also had a stint as an intern, a period of tutelage under the mentorship of Hon. Justice Eberechi Suzzette Nyesom Wike of the High Court of Rivers State. I am currently a legal Researcher and an Associate in Elix LP, a law firm in Lagos. Prior to obtaining a degree in Law, I had obtained a Diploma in Mass Communication from the Lagos State Polytechnic, Ikorodu. As a voracious reader, I have made my opinions known by writing in local and national newspapers, touching on burning national issues in the areas of Law, Politics, Economy and International Relation & Diplomacy. Have you had any challenges in your career, and if yes, what were the challenges? Considering my age at the Bar, I have not really had challenges that could suppress my thought and passion for Law. What was your worst day as a Lawyer? It is generally believed that, the only days Lawyers have bad days, are the days they lose cases in the court. While this may be right to some extent, however, being a Lawyer with its umpteenth challenges as it were, every Lawyer tries to be on top of his game. What I can single out so far, as a worst day, was when I drafted a legal document on transfer of interest, but a non-Lawyer, whom I later discovered is a Ph.D. holder in English language,

1012. I quickly armed myself with this knowledge, and offered it in the case. The case was decided in our favour, and that literarily boosted my morale.

Rilwan Balogun

pointed out some grammatical errors in the draft. I felt rather embarrassed, but had to redraft and send the document to a senior colleague, for vetting. What was your most memorable experience as a Lawyer? A week after my call to the Bar. A colleague in the Nigerian Law School, who had been working as an office assistant in the High Court, had invited me to join him in a suit. I think he was willing to work with me, having had a series of conversations with me. It was a case of recovery of premises, where the tenancy had been determined by effluxion of time. I could recall vividly, how the head of chambers at Okey Wali & Co, Mrs Nonye Nzewi Agbasi, had tutored and demystified us on the decision in the case of Odutola v Paper Sack Nig. Ltd 2006 NWLR Part

Who has been most influential in your life? I have always classified the answer to this question, in two broad categories. The first is, those who have influenced me informally. Falling under this category, are my parents. They have always charged me to maintain my integrity, which has been attested quite number of times. The second is, those that have influenced me formally and one of which is Mr Maduka Onwukeme, who is my boss at Elix LP. This man is still young at the bar, but I have learnt a lot from him professionally. Mrs ‘Tomi Awolesi Ajayi, is my mentor in Research and Legal Drafting. In my alma mater, Ahmadu Bello University, Zaria, Prof A.R Agom, was the don who planted in me a growing seed of Corporate Law Practice, specifically, Capital Market Law and Practice. Why did you become a lawyer? I had a conversation with one of my lecturers in the Polytechnic, and the conversation led me to a question that: “is there any profession in the world, that can avail me the opportunity to make a large positive impact in my generation, aside Journalism? The don aptly answered in the affirmative, that law would make more of a great impact, than any other profession. Hitherto to that conversation, I used to think it was Journalism. It was after that conversation, that I made a staunch resolution to pursue a degree in law. What would be your advice to

anyone wanting a career in law? This question brings a sense of déjà vu and casts my mind back to the admonition we used to receive from an erudite law teacher, Prof Muhammed Tawfiq Ladan, in the Faculty of Law, ABU, Zaria. The Don would always emphasise, on the need to be hardworking. Anyone wanting a career in law, must be ready to read widely, not only in areas of law, but also virtually all spheres of human endeavour. A Lawyer is a student till he dies; once he considers himself not a student anymore, the Lawyer in him dies. As a matter of fact, with the modest experience I have had in the practice of law, any Lawyer who has a colonial mentality of law practice, who is not versatile to see the knowledge of law as a tool and not the finished goods, as a means to an end and not an end in itself, will fizzle out in years to come. If you had not become a Lawyer, what other career would you have chosen? With all sense of modesty, I would have been one of the upcoming gurus in Economics. Contrary to the belief that virtually all Lawyers chose law, because of their poor understanding and difficulties they have with figures or calculation, it may interest you to know that, I was one of the very best students in Mathematics in my secondary school days, despite being an Art student. Where do you see yourself in ten years? My dream is big, making few Associates to see me as an ambitious young fellow. With an ever ready mind to learn and improve on my myself, in the next 10 years, I want to be a force to be reckoned with, in my chosen career path.

11.06.2019

/7

TALKING CONSTITUTIONAL DEMOCRACY DR. MIKE OZEKHOME, SAN

SMS only to 08098898888

State and Local Government Police: Establishment on President’s Direction, Without Constitutional Amendment

I

Introduction have just been bombarded with torrents of inquiries by the electronic and print media houses, requesting me to comment on President Muhammadu Buhari's alleged approval of State and Local Government Police Forces. My initial reaction was to shout “eureka, he got it right this time around”. Yes, because I have advocated for State and Community policing, in the last 30 years of my life. Google it all. Yes, in serial media activism, TV appearances, lectures, campaigns, street protests, advocacy; in the court rooms; at the 2005 National Conference; Vision 2020 Conference of 2009; and at the 2014 National Conference. But, I told the media people that PMB, based on his antecedents and pronouncements, may not actually have the necessary courage and political will power, to do it. I then decided to google the entire story. All I found was that, the Executive Secretary, National Human Rights Commission (NHRC) and Chairman, Presidential Panel on the reform of SARS within the Nigeria Police Force, Mr Anthony Ojukwu, had submitted his report on his assignment, recommending the dismissal of 37 Police Officers, 24 for prosecution and arrest and prosecution of others. I didn't see anywhere, where the President said he has approved this my dream project. He merely gave further directives to some organs of government, with regard to the actualisation of the recommendations. What he said regarding the above was simply, “since the recommendations of the Commission that constituted the Panel are enforceable as decisions of the court, that the Inspector General of Police and the Solicitor General of the Federation/Permanent Secretary, Federal Ministry of Justice meet with the Commission to work out the modalities for the implementation of the Report within 3 months from today”. Applaud for an Auspicious Step If PMB had set up the State and Local Government Police Forces, or still does in future, I will

“......PMB SHOULD GO BEYOND MERE RHETORICS, PRESIDENTIAL DIRECTIVES AND SHEER POPULISM, BY INSTRUCTING GOVERNMENT OFFICIALS TO IMMEDIATELY DRAFT AND SEND AN EXECUTIVE BILL TO THE NASS, FOR THE AMENDMENT OF SECTIONS 8, 214 AND 215 OF THE CONSTITUTION. THEN, I WILL VERILY BELIEVE HIM, AND KNOW HE IS SERIOUS ABOUT THIS PROJECT OF GIVING NIGERIA, A NEW SECURITY LEASE OF LIFE”

Police at all (contrary to his earlier stiff stance against its recommendation by the 2014 National Conference, wherein I relentlessly crusaded for it), PMB should go beyond mere rhetorics, presidential directives and sheer populism, by instructing government officials to immediately draft and send an executive bill to the NASS, for amendment of Sections 8, 214 and 215 of the Constitution. Then, I will verily believe him, and know he is serious about this project of giving Nigeria, a new security lease of life. I will then do a piece wholly dedicated to applauding him, for taking a gargantuan and major step towards devolution of powers and restructuring of the un-working Nigerian project. The End. President Buhari’s Executive Order Withdrawing Gun Licences: The Legal and Social Consequences

President Muhammadu Buhari

publicly applaud him, for such an auspicious giant step. The euphoria had erupted, from part of the Panel's recommendation for "significant improvement in the funding, kitting and facilities of the Nigeria Police Force, strengthening Information and Communication Technology of the Force, establishment of State and Local Government Police". But, first things first. President Buhari merely directed further action. Second, mere recommendations of the National Human Rights Commission from which the Presidential Panel emerged, can never “be enforceable as decisions of the Court”, as wrongly stated by Mr President. The NHRC is not a competent court of law as enshrined in and recognised by Section 6 (6) of the 1999 Constitution of the Federal Republic of Nigeria, as altered. So, Mr President cannot unilaterally, whimsically, capriciously and arbitrarily set up State and Local Government Police, without the necessary constitutional amendments to that effect, under Section 9 (1) of the same 1999 Constitution. This section requires two-third majority approval of the bicameral National Assembly, made up of 109 Senators and 360 House of Representatives members, and also two-third majority approval by the 36 States Houses of Assembly and FCT. Sections 214 and 215 of the same 1999 Constitution, establishes the Nigeria Police Force, giving it powers and duties, and its major operatives, such as the Inspector General of Police and State Commissioners of Police. Surely, our non-performing behemoth, unwieldy and elephantine organisation, needs to be broken up into State and Local Government Police Forces, as we have it, in the more advanced countries of the world. In the USA for example, aside from the Federal Police institutions of CIA and FBI, she also has State and County Council (Local Government in Nigeria) Police Forces. Even Cities, Universities and Colleges have their own Police Forces, e.g., NYPD (New York Police Department), LAPD (Los Angeles Police Department), etc. The result is, a great synergy of purpose, and inter-agency cooperation in detecting, preventing, fighting and prosecuting crimes. My take on the present crocus is this: whilst commending the President for even mentioning the establishment of State and Local Government

Introduction Ordinarily, one would have readily applauded President Muhammadu Buhari, for signing an Executive Order banning the possession of guns, having regard to the unbridled proliferation and possession of small and medium scale politically motivated and banditorily-induced arms, currently in circulation. However, Buhari's sectionalistic perceptions of governance from the opaque prism of ethnicity and religious nuances, do not give one such euphoric comfort of nationalistically induced decisions. It seems to me, a panicky measure meant to forestall the threats by Niger Delta militants, to declare their Republic by 1st of June, and also for the now historic struggle by IPOB, for self-determination. Whatever be his reasons, the President and his handlers, appear to have lost the larger picture of the citizens' rights to life and self defence. Section 33 of the 1999 Constitution of the Federal Republic of Nigeria, as altered, provides for the right to life. Section 258 of the Criminal Code which operates in the Southern part of Nigeria, and Sections 59- 60 of the Penal Code which operates in the North, all guarantee the right to self defence and the defence of one's property. What the Executive Order has unwittingly done, is to leave honest and innocent Nigerians most vulnerable, to the unrestrained murderous and blood-letting activities of marauders, herdsmen, terrorists, armed robbers and kidnappers. People may now decide to possess these arms illegally, and under cover as guerrilla tactics, since even a legitimate licence cannot guarantee same, after thorough screening by law enforcement agencies. After all, self-preservation is the first law of nature! The Executive order is also gravely flawed, in the sense that those known and notorious to illegally possess these same arms, like herdsmen, were not even named at all. There now appears to be, two sets of laws for Nigerians. Recall that the same government had incredibly set up a special radio network station, for this over pampered set of “superior” Nigerians. No thought was given to the equally illiterate Nigerians of those communities, whose wives are daily raped in their homes, children murdered in cold blood, farmlands invaded, crops eaten, and such farms, then set ablaze. I constantly wonder, who advises Mr President. But, as Harry Truman once declared, "the buck stops here". The End. THOUGHT FOR THE WEEK “Policing is an integral part of governance. It is a whole, but it is also a part of the larger whole. Just like a human organ like the head, it's got intelligence, stamina, strategy and surveillance. But, it cannot function independently, in the absence of other life- sustaining organs”. (Kiran Bedi).

8/COVER

11.06.2019

11.06.2019

COVER/9

‘I Want to be Remembered as a Reformer’ Heading and administering the biggest and busiest judiciary in Africa, cannot be without its attendant challenges. For the outgoing 16th Chief Judge of Lagos State, Honourable Justice Olufunmilayo Opeyemi Oke, she came, she saw, and she conquered! As she told Onikepo Braithwaite in a conversation last week, she will like her tenure to be remembered for the numerous innovations she introduced into justice administration in the State, which she hopes will live on after her. She spoke extensively about her administration’s various reforms, and zero tolerance for corruption

W

hat were the main goals you set out to achieve during your tenure in office, and how far did you go in realising them? We are aware of some of your innovations, like the Small Claims Court and the Special Courts for Corruption, Financial Crimes and Sexual Offences. How far have these innovations gone, in decongesting the courts? During my inaugural speech which I delivered at my swearing in ceremony held on the 20th October, 2017, I had clearly stated my goals for this administration, which essentially deal with judicial ethics and administration, eliminating corruption in the judiciary, backlog elimination, structured fast track template, review of institutional framework for the administration of justice, capacity building, enhancement of infrastructure and facilities, improvement in the deployment of information technology, review of outdated Laws, Rules and Practice Directions, designation of a dedicated building in Lagos and Ikeja as Family Courts, Reform of the Probate Section, enhancement of the Sheriff Section, designation of special courts to handle corruption cases, and improvement of Staff welfare. The main goals of my administration, were centred on this. It is very fulfilling to state that, all these goals did not remain mere dreams and aspirations of this administration, because they came to fruition by diligence, creative thinking, passion and of course, the collaborative efforts of all stakeholders in the justice sector. I must also note that, these goals are channeled to enhance the effective and efficient administration of justice in the Lagos State Judiciary, and consequently, improve on public perception of the Lagos State Judiciary. Unarguably, the feats recorded by this administration, have majorly resulted in the decongestion of our Courts. It commenced with the official kick off of the Court decongestion project of Lagos State, known as the Backlog Elimination Project (BEP) on the 22nd of January, 2018. The BEP primarily focuses on the timely disposal of all age-long cases, for Courtroom effectiveness and efficiency. This has been achieved by undertaking a case-by-case review of all pending cases before the Court, to ascertain the cause of delay and put in place feasible modalities, Alternative Dispute Resolution (ADR) mechanisms inclusive, for the disposal of each case and the attendant result of the kick off of the BEP, has been tremendous. A BEP Committee was set up, headed by Hon. Mr. Justice Candide-Johnson as Chairman. This programme is done in collaboration with Mr Yemi Candide- Johnson, SAN, who volunteered to work with me in actualising my desire expressed in my inaugural speech of 20th October, 2017, and the Lagos Court of Arbitration, Lekki. The following law firms are also partners in this project: Strachan Partners, Copley Partners, GRF Dalley Partners and Co, Abraham and Co., Kenna Partners, AELEX Legal Practitioners and Arbitrators, Sofunde, Osakwe, Ogundipe & Belgore, Babalakin and Co., ACAS Law, Principles Law, Olawoyin and Olawoyin, SPA Ajibade & Co, Argyle and Clover, Patreli Partners, Sola Ajilola and Co. The BEP is an ongoing project, which requires full commitment and co-operation of members of the Bar for successful implementation. Five Judges have been designated as BEP Judges, to handle these old cases. Another reform that has aided the decongestion of our Courts, is the creation of the Small Claims Court in the Magistrate Court, just as you mentioned. This has helped with the speedy dispensation of justice, in relation to civil matters with a total claim not exceeding N5million. The whole proceedings, from filing till judgement, must not exceed 60 days. General civil matters that ordinarily would have spanned for 1-3 years and sometimes, even more, can now enjoy accelerated hearing, so long as they fall under the small claims purview. There are seven Magisterial Districts in Lagos State, and each has a small claims court. Across the globe, the introduction of specialised courts has enhanced the performance of judicial processes and quick dispensation of justice, fairness and functional legal systems. The establishment of Special and Sexual Offences Courts, has also given rise to fast track trial of sexual offences, and economic and financial offences. Speedy dispensation of justice in this regard, is undoubtedly a very useful tool for the decongestion of our courts.

As far as speedy dispensation of criminal justice is concerned, creation of Restorative Justice Centres, has made this more realistic. With the new era which has legitimised the use of restorative interventions for simple offences, the clustered dockets in our Courts are being freed, because it is speedier to go the restorative justice route than through full-blown trial, which takes more time to conclude. Now with restorative justice, the essence of justice, is not being slaughtered on the altar of speed. Rather, it brings to fore, the ideas of an effective criminal justice system: Repair, Encounter and transformation. Also, very importantly, we now have Practice Directions on Restorative Justice and Administration of Criminal Justice, which recently came into operation. The Practice Directions address myriads of challenges bedevilling criminal justice administration in the State, which range from ineffective or incomplete investigations, to undue delays in criminal trials, among other issues. More particularly, the Practice Directions on Restorative Justice, entrenches restorative justice in the administration of criminal justice, by creating more avenues for access to justice and a holistic approach to criminal justice administration in the State. These mechanisms have proven to work more effectively, as they make lighter the burden of clustered dockets in our Magistrate and High Courts. Did your administration properly recognise the crisis of delay and congestion in civil justice in Lagos State? Even now, many Judges in the Lagos State Judiciary are on secondment to various election tribunals. The cases before them have suffered long adjournments, with untold hardship on litigants. Why were the urgent cases before their Lordships, not reassigned to other Judges within the divisions? I will answer the first leg of your question, in the affirmative. As a matter of fact, crisis of delay and congestion in civil justice in Lagos State used to be worse, but a turning point came with the creation of the fast track division of the High Court, and the relatively recent creation of the small claims Court in the Magistrate Court. The Fast track Division was established in 2004, and incidentally, I was the Chairman of the Committee that drafted the Fast Track Rules, and in charge of the Courts designated to preside over cases filed as Fast Track. I was the Head of the Fast Track Court from 2004 to 2008, and later left to head other Divisions. The Fast Track subsequently, became a full division of the Court, and I was later posted back as the Head of that Division in 2012 and I remained so till 2014. There have been incredible improvements since we started in 2004, to the present time. As regards matters pending before Honourable Judges who have been seconded to man various election tribunals, part- heard matters before them shall remain in their docket till they resume in their courts. This is because, having the matters transferred will mean commencement of such matters de novo (from the beginning), and this will only further delay the dispensation of justice, with respect to such matters. Nonetheless, where Counsel applies for transfer of an urgent matter where trial is yet to commence, same is favourably considered. Your Lordship hit the ground running, on assumption of office as Chief Judge of the nation’s busiest Judiciary. Of particular note, is your ambitious vision for the establishment of ADR-linked commercial courts, for quicker dispensation of commercial disputes. The State's Judiciary has for the past 10 years, had fast track systems in the courts and court-connected ADR at the Multidoor Court House. How are these commercial courts, different from the already existing court mechanisms? Did this initiative or any other in this sector, result in prompt, efficient and effective dispute resolution? No new ADR-linked commercial courts, were created or established. What was created was the Small Claims Court where Magistrates first explore the possibility of amicable settlement between parties through Mediation, before setting matters before them down for trial, in the event that mediation breaks down or fails. The Commercial Division of the High Court, has always made use of ADR mechanisms. Let me add that, ADR mechanisms are readily used in other divisions of the High Court, and they have proven to be very effective. The Courts are also connected, to the Lagos Multi-door Courthouse. Parties are referred to the Lagos Multi-door Courthouse to explore amicable settlement of their disputes, rather than litigation. As a matter of fact, litigation should be the last door to open in the resolution of disputes, where mediation fails. Thus, mediation or other ADR mechanisms, should be the first door.

Hon. Justice Olufunmilayo Opeyemi Oke Photos: Kolawole Alli

Do you believe that, during your tenure, you were able to address the issue of low public confidence in the integrity of our judicial mechanisms and personnel? As you will kindly recall, in my inaugural address, I identified some problems in the judicial administration in Lagos State, which I was resolute to tackle head on. One of these was inordinate delay and court congestion, which has largely disfigured the governance function of our judicial system, and resulted in large scale erosion of public confidence in judicial integrity. To deal with this, efforts were made to improve on timelines for handling specific matters, in a bid to curb delay and courtroom congestion. The timelines are clearly stipulated, in the new High Court (Civil Procedure) Rules 2019. There is also the creation of the small claims court in the

“I WILL LIKE TO BE REMEMBERED AS A REFORMER, WHO BELIEVES THAT NOTHING IS IMPOSSIBLE WITH SELF-WILL AND DETERMINATION, TO ACHIEVE THE GOALS SET. I AM ALSO A LEADER, WHO THINKS OUTSIDE THE BOX, AND TAPS FROM THE WEALTH OF KNOWLEDGE OF MY BROTHER AND SISTER JUDGES, AS A TREE DOES NOT MAKE A FOREST”

Magistrate Court, and they have a strict timeline of 60 days within which to conclude matters before them, from filing to judgement. For ease of access to the small claims court by the general public, the Practice Directions of the Small Claims Court, has been translated into different local languages namely: Pidgin English, Yoruba, Egun, Hausa and Ibo, and this was launched on 15th May, 2019. A litigant can handle his case himself in the small claims court, without the service of a Lawyer. In the course of my tenure, we also had an increase in manpower majorly on the lower bench. A total of thirty eight Magistrates were appointed and sworn in, bringing the total number of Magistrates in the State to 153. This increase has eased the workload on the lower bench, but we are still hopeful for such intervention at the High Court. The need for the appointment of more Judges, cannot be over flogged. The workload of Judges is very heavy, and their dockets keep heaping up in leaps and bounds, considering the population of about 30 million in Lagos State, which is the commercial nerve centre of the Nation. Lagos State Judiciary, is the busiest in the whole of Africa. You cannot imagine the number of cases filed everyday, in Lagos State. That is by way of an obiter. Going back to the improvement in public perception of the Judiciary, may I also reiterate the commissioning of our Court Decongestion Project (“CDP”) which commenced on 22nd January, 2018. The main object of this exercise, is to carry out a case-by-case review of all pending cases before the High Court of Lagos State, to determine, as accurately as possible, the causes of delay and to make recommendations for the disposal of each case. More specifically, cases are being reviewed, to ascertain their suitability for resolution by ADR mechanisms. Qualitative investments were made on training of personnel to help them keep up with emerging judicial and legal trends. In addition, Lawyers were appointed as Court Registrars, which is first of its kind in Nigeria. This has preserved professionalism in the running of Courts, and also creates a career path for the Registrars to rise to the rank of Chief Registrar in the Lagos State Judiciary. We recorded the creation of the first Senior Citizens Help Centres (Legal Access for Elders) at Ikeja and Lagos Judicial Divisions of the Lagos State Judiciary, commissioned on 20th May, 2019. These centres will serve as an interface between the Judiciary and senior citizens who are landlords, for example, and have had their recovery of premises matters linger in the courts for more than three years. They will be able to bring these matters to the knowledge of the Chief Judge through these help centres, and reassignments will be made where necessary. This will enhance quick dispensation of justice, for the sake of our senior citizens who are majorly retirees and whose sole source of income, is probably from the proceeds of rent generated from their properties. During my tenure, there was the introduction of Social Media Handlers/Platforms namely; Facebook- Office of the Chief Judge of Lagos State, Twitter @lagoschiefjudge, Instagram @lagoschiefjudge, LinkedIn - Office of the Chief Judge of Lagos State, to facilitate easy and faster feedbacks from stakeholders and public, and dissemination of information to them. That being said, corruption is a cankerworm which disrupts the full efficiency of the Judiciary, and condenses public perception of our judicial system. Lack of confidence by the public or low public confidence, is fuelled largely by allegations of corruption in the system. Corruption is a universal phenomenon, and countries continue to evolve their strategies to tackle the cankerworm, to reduce it to the barest minimum and to eliminate it. Corruption is not limited to bribery. It extends to other administrative duties such as: orchestration of disappearance of case files, Judges’ notes or exhibits, illegal execution of judgement, alteration of Court Orders by Registrars of Court, procurement of counterfeit or non-existent court orders and rulings for desperate immigration purposes, to mention but a few. With the understanding that, the authority exerted by the Judiciary in any society rests solely on public perception of our integrity and absolute impartiality, measures were put in place immediately upon my assumption of office, to rid the system of corruption. Demands were placed on all staff to comply and adhere to the codes of conduct for Court employees, under the watchful eyes

“THE NEED FOR THE APPOINTMENT OF MORE JUDGES, CANNOT BE OVER FLOGGED. THE WORKLOAD OF JUDGES IS VERY HEAVY, AND THEIR DOCKETS KEEP HEAPING UP IN LEAPS AND BOUNDS, CONSIDERING....LAGOS STATE JUDICIARY, IS THE BUSIEST IN THE WHOLE OF AFRICA”

of the Lagos State Judicial Service Commission. All staff had to sign mandatorily, their Oath of Confidentiality and Employee Pledge. Our Commitment Statement has been displayed across all the court infrastructure, as well as all the courtrooms within the State, as a way of promoting the relevant ethical orientation into the consciousness of all staff. These measures became necessary, because members of staff of the Judiciary handle sensitive, privileged, personal and confidential information. Depending on the context, some of these pieces of information may have the status of classified information. The misappropriation of these kinds of information for filthy lucre, portends great threat to the integrity of the Judiciary, and reflects a pattern of corruption in our system of justice. In this regard, the members of the Judicial Service Commission worked diligently, and supported my work effectively. Public complaint boxes were provided in our courthouses for court users to expose bad nuts, and after conducting thorough investigations, disciplinary actions were taken against erring staff which cut across the Sheriffs Department, Probate Registry, Cash Office and Administrative staff. We also had the support of the Bar and Non-Governmental Organisations, in waging the war against corruption, and I can tell you that, corruption is fizzling out of the system faster than we envisaged. The members of the Bar, joined in the fight against corruption. They saw that their complaints are attended to expeditiously, and they were willing to report any corrupt officer. Assuredly, my tenure will be remembered for its zero tolerance for corruption. Laudably, these reforms have improved public confidence in the integrity of our judicial mechanisms and personnel, in the Lagos State Judiciary. Lagos State has one of the worst problems of prison overcrowding, in the country. The prison facilities are also in a deplorable and highly unsanitary state. What were you able to do to tackle this problem, and possibly bring a lasting solution to it? The panacea is certainly not a yearly visit by the Chief Judge to the prisons, where some inmates are granted amnesty, and within a few weeks, those released are replaced with a new set of ‘awaiting trials’. Prison decongestion is a national issue, and of great importance to President Buhari, which was why all Chief Judges were mandated to do all within their powers, to ensure that the prisons are not congested. I am glad you acknowledge the fact that, periodic prison visits by the Chief Judge, brings no lasting solution to the challenge of prison congestion. Just before I discuss the efforts made during my administration to tackle the problem, I will like to state that, I embarked on a series of prison visits to Badagry, Kirikiri and Ikoyi prisons. I visited Kirikiri prisons with the Presidential National Stakeholders Committee on Prison Reforms and Decongestion, on 30th April, 2018. The Committee was set up by the Honourable Attorney-General of the Federation and Minister of Justice, Mallam Abubakar Malami, SAN, and chaired by the Honourable Chief Judge of the Federal Capital Territory, Hon. Justice Ishaq Bello. It was saddled with the responsibility of decongesting prisons, and introducing reforms in Prisons all over the country. A total of 92 inmates, were released in 2018. However, on one of my recent visits to the prisons earlier in 2019, having reviewed the records of inmates, no detainee was found qualified for release, in line with the criteria set down for prerogative of mercy. This is a clear indication that our Judges and Magistrates are working really hard, and the mechanisms we have put in place to curb or check unwarranted detention or imprisonment, are working perfectly well. One of such mechanisms, is the promotion of non-custodial sentencing especially for lesser offences. As part of efforts to decongest the prisons, we changed the narrative in Lagos State, by the introduction of restorative justice in the Magistrate Court. Restorative justice centres have been established, in the seven Magisterial Districts in the State. These centres operate as mediation centres to CONTINUED ON PAGE 10

10/COVER

11.06.2019

‘I WANT TO BE REMEMBERED AS A REFORMER’ determine lesser offences, such as assault, petty stealing, affray, etc. It creates an avenue for complainants and respondents to explore reconciliation, with a view to reaching amicable resolution. Where an offender, through mediation, agrees to replace stolen items in cases of petty stealing, agrees to pay the complainant’s medical bills and makes restoration by payment of a compensation for a broken tooth without the rigours of trial, justice will be seen to have been served, and prison congestion avoided. To drive this innovation, Magistrates were trained on Restorative Justice, and were equipped with necessary knowledge and skills, on how to make restorative justice work in their various courts. Also, the Bondsmen scheme was launched, to actualise the law on the bondsmen and recovery of recognisance, in Lagos State. It is common knowledge that, bail is a constitutionally guaranteed right which cannot be abandoned or disregarded. Bail can be described as the procedure whereby a person arrested or detained in connection with a crime is granted a temporary release from custody, pending the determination of the case against him. To secure the attendance of the Defendant in court throughout his trial, certain conditions are stipulated by the Court in exercising its discretion, and these conditions must be met before such Defendant is released on bail. The launching of the Bondsmen scheme is considered right on time, especially in the face of challenges faced in our criminal justice system, with the reluctance from family and friends to stand as sureties, and sureties eloping for the fear of debts or the Defendant jumping bail. When these Defendants are unable to perfect their bail, even when the bail terms are undeniably liberal, they contribute to prison congestion. However, the introduction of the bonds persons into our criminal justice system, is intended to make bail more accessible to anyone charged with a criminal offence, and, ultimately, aid prison decongestion. I must also let you know that, we have had partnerships with the Bar and some NGOs, on prison decongestion. More particularly, the Ikorodu Branch of the NBA took the initiative, and started by offering pro bono services to inmates through the facilitation of reconciliation between complainants and defendants where feasible, and defending them in matters that go to trial. Other branches such as Epe branch, have begun to key into the programme. There is also a group of Lawyers from different branches of the Bar, who came together to partner with the Judiciary on prison decongestion. These collaborative efforts have robust outlooks, and are highly commendable. With the Child Rights Act domesticated in Lagos, how come many underaged people still end up in adult prison facilities within the State? The Child Rights Law of Lagos State, provides for institutions that must be established for minors who come in conflict with the Law. The guiding principles of the Child Rights Law are reformation and rehabilitation, as a child in conflict with the law, is considered a child in difficult circumstances, who has fallen out of the protective net at some point, and has been robbed of an opportunity of a safe and secure childhood. Thus, incarcerating such child with adult offenders, will only put such child at greater risk. I can clearly state that, juvenile offenders are not tried in the regular courts, and I can safely say that, there is no juvenile offender awaiting trial in adult prison facilities in Lagos State. However, the available correctional facilities are inadequate, to cater for juvenile offenders. We can only appeal to the government, to build more correctional facilities to cater for the needs of juveniles, in this regard. Nonetheless, when on prison visits and I found juveniles in adult prison facilities, I immediately ordered their removal and transfer, to appropriate correctional homes. You are on record to have admonished Judicial Officers, not to rush to convict for minor offences. What informed your Lordship’s position? During your tenure as Chief Judge, you seemed to rather push for the enforcement of the provisions for non-custodial sentencing. Given the fact that it requires serious monitoring, what is your advice on making non- custodial sentencing effective in Nigeria? I would say the excessive use of imprison-

CONTINUED FROM PAGE 9

ment as a penalty, informed my position. That is also coupled with the deplorable state of our prison facilities, largely due to congestion. Need I say that retribution does not appear to yield the best results for lesser offences, because when these offenders upon conviction are incarcerated with hardened convicts in prison, whatever morals they have left in them is completely destroyed, because they learn more mischief from these hardened criminals. This is why you find that, after release from custody having served their jail terms for lesser offences, they are most likely re-incarcerated for even more serious offences, within such a short period. Consider persons who are convicted for street trading, loitering and other related offences. Where they are unable to pay fines ordered by the Court, they are left with the option of imprisonment, thereby increasing the number of inmates. Meanwhile, if they had been sentenced to carry out community service, then they would have been penalised for the offence committed, without necessarily re-congesting our prisons. Now, on the issue of the workability of non-custodial sentencing such as community service, it has proven very efficient in Lagos State, as Community Service Officers were employed by the Lagos State Government, to monitor the execution of the sentence. They ensure necessary follow ups are done, to have the convicts carry out their sentence and upon completion of the sentence, a discharge certificate is issued, indicating that the convict successfully carried out and completed the sentence. It is important to note at this point that, there is the need to include probation as a non-custodial sentence for adult offenders in respect of lesser offences, just as is obtainable for juvenile offenders. Where measures are put in place by the government to make probation work, it will be greatly helpful. The Administration of Criminal Justice Law of Lagos State seems to have some areas of conflict with the Federal Administration of Criminal Justice Act, which apparently Federal copied from Lagos State. How have the conflicts been resolved? Some believe that the ACJL requires urgent amendment. What areas would you recommend for review? You must first of all understand the fact that, the Administration of Criminal Justice Law (ACJL) and the Administration of Criminal Justice Act (ACJA) are two distinct legislations on criminal justice administration, applicable to different jurisdictions. The issue of conflict between both legislations, does not arise. Rather, what we have are areas of administration of criminal justice covered by the ACJA (which is a more recent legislation),

“....AND I CAN SAFELY SAY THAT, THERE IS NO JUVENILE OFFENDER AWAITING TRIAL IN ADULT PRISON FACILITIES IN LAGOS STATE. HOWEVER, THE AVAILABLE CORRECTIONAL FACILITIES ARE INADEQUATE, TO CATER FOR JUVENILE OFFENDERS” not included in the ACJL, and vice versa. The ACJL first introduced novel criminal justice reforms in 2011, whilst the ACJA which came into force in 2016, incorporated the reforms contained in the ACJL, and improved on it. It must be acknowledged that, the Lagos State Government is working towards building a citizen-centric criminal justice system, for the purpose of ensuring efficient and effective justice delivery. Laudably, since the era of our extant ACJL, criminal justice administration in the State has taken on a new and improved look. Over the past few years, there have been various landmark interventions to accelerate disposal of cases in both the Magistrate and High Courts, as well as to further improve the decongestion of prisons and the seamless transmission of case files from the Police to the office of the Director of Public Prosecutions. The bail information system and the Bonds person scheme which is expected to assist suspects obtain bail, and ensure that such persons can be produced seamlessly as and when needed in court, are very crucial in this regard. The legal recognition of non-custodial sentencing, is equally admirable. These innovations will undoubtedly reduce prison congestion, and other challenges associated with same. I agree that the ACJL requires a further review and amendment, to bring it in conformity with current administration of criminal justice realities. I am also aware that, a review is underway, and in this regard, hubs of cross-pollination of ideas have been created and championed by critical stakeholders in the Criminal Justice Sector in Lagos State. These fora have enabled stakeholders collectively take stock of the successes achieved by the introduction of the recent reforms in our criminal justice

sector vide the ACJL, longstanding limitations in the successful implementation of these reforms, and attendant prospects. One of such, is the recent workshop organised by the Ministry of Justice under the leadership of the former Hon. Attorney-General and Commissioner for Justice, Mr Adeniji Kazeem, SAN in conjunction with the British Council and Rule of Law and Anti-Corruption Project (RoLAC). In the course of the workshop, extensive discussions took place, in a bid to appraise the current criminal justice regime in Lagos State. A review of the ACJL 2011, was also done. The areas I would recommend for review, include the recognition of suspended sentence as a form of non- custodial sentencing for lesser offences; fixing of timelines for delivery of duplicate case files from the Police to the Office of the DPP, issuance of legal advice by the Office of the DPP, filing of information and arraignment of Defendants; and putting an end to prosecution of criminal matters in the Magistrate Courts by non-Lawyers, and replacing them with Lawyers who are well-trained to carry out the prosecuting role. We have noticed that, many Judges still write in long- hand, even when the Lagos State Judiciary has sophisticated digital electronic recordings of court proceedings. What is wrong? What were you able to do, to change this narrative? The electronic recorders in our courtrooms have been of immense help to Honourable Judges, who hitherto, had to record all proceedings in long hand. However, many Judges still write in long hand, whilst there are no electronic recorders at all in the Magistrate Courts, because the available electronic recording machines cannot go round the High Court. Some of the electronic recorders, are also obsolete. Full provision could not be made for the gadgets, due to the lack of financial autonomy of the Judiciary. The Judiciary still has to make presentations and requests to the Executive for their purchases, and as you know priorities of both arms of government differ. We also noted that, even for the number of electronic recording machines available, there was no skilled manpower to operate them. New verbatim reporters were eventually recruited during my tenure, but a good number of them are yet to have recording machines attached to their courts. Upon their recruitment, they were sent for training, but the training stopped abruptly, because the trainers were yet to be paid. Now that we have manpower, we lack the necessary technological capability to completely phase out the era of Judges and Magistrates writing in long hand, which has had its own undesirable impact on justice delivery. Apart from making available necessary technological power in this regard, training of the employed verbatim reporters is highly necessary, to enable them put the recording machines to good use. Many Lawyers have complained that, enforcement of judgements within the State is an uphill task with the Police, who assist in this task, making things extremely difficult. What steps did you take to correct some of the anomalies? On a preliminary note, trainings were conducted for Sheriffs in the Sheriffs Department, and the war against corruption also touched on the Sheriffs Department ridding the system of the bad nuts. I believe our zero tolerance for corruption, has deterred existing Sheriffs from further violations and sharp practices. New Sheriffs were also recruited, to increase manpower in the Sheriffs Department. With regard to the challenge with the Police, it is still very present in our contemporary enforcement process. It has made enforcement very expensive for litigants who have to reap the fruits of their judgement, because they have to finance mobilisation. This is why we have been clamouring for a Police Unit to be attached to the Lagos State Judiciary, for the purpose of judgement execution. The Officers in the Unit can then have their job placements in the Sheriffs Unit, to carry out their core function of judgement execution. The existing procedure and arrangement of mobilising the Police to accompany Court Sheriffs for execution, is cumbersome. It will be helpful to have Police officers stationed within the premises of the Courts, so that CONTINUED ON PAGE 11

11.06.2019

COVER/11

‘I WANT TO BE REMEMBERED AS A REFORMER’ when there is a writ of execution, an officer is on ground at every point in time to accompany the Sheriffs for execution immediately. This will deal with bureaucracies of police mobilisation, for judgement enforcement. There will also be drastic reduction, in mobilisation cost. Sheriffs also need to be adequately equipped, to function optimally. Late last year, your office introduced the use of special stamp and seal, for all legal documents and processes. Lawyers are complaining that this amounts to extortion, given fact that they already have the NBA stamp and seal. What informed this decision? First, the NBA seal serves a different purpose, from the Judiciary seal. The NBA seal is used by Lawyers on documents franked by them, whilst Judiciary seal indicates that court processes have been properly filed at the Court Registry. The Lagos State Judiciary introduced the seal to be affixed on all court documents, to block income leakage and give authenticity to documents properly filed. The seal is only affixed to affidavits for filing at the rate of N250.00, and this is in no way a form of extortion. Let me make it known that, we have had instances where enquiries have been made by authorities from other jurisdictions outside the country, seeking to confirm court orders, rulings and judgements, for authenticity. Sadly, a good number of these rulings and judgements, especially in divorce cases, dissolution of marriages purportedly ordered by the court were found to be fake, after making necessary searches in the court records. Authenticating orders of court by the use of the seal, will help curb the rampant use of counterfeit orders. There was litigation on the issue of the seal, and judgement was delivered in favour of the Lagos State Judiciary. Thus, the use of the Judiciary seal remains valid, subsisting and binding. Does Lagos State have enough Courts and Judicial Officers? Are you satisfied with the remuneration packages for the various levels of Judicial Officers in the State, or do you believe that it is time for an upward review of salaries? Many believe that Judges and Judicial Officers all over the country, are poorly remunerated, especially those in Lagos who have such a heavy workload, in comparison to other States, and that this is one of the reasons why corruption is so prevalent. Kindly, comment on this. The existing courthouses are inadequate, to cater for the judicial needs of the good people of Lagos State. The Lagos State Judiciary, is in need of more courts and judicial officers. We currently have the Badore courthouse, which is at a 90% completion stage. It is disturbing to note that, this particular project commenced during the administration of my Lord, Hon. Justice Akande, Chief Judge Emeritus, and three administrations after, the construction of the Courthouse is yet to be completed. My administration, will be the fourth administration. This still boils down to the challenge of lack of financial autonomy, and the divergent priorities of both the Executive and Judicial arms of government. It is reprehensible that, the Judiciary for a long time had no

CONTINUED FROM PAGE 10

input in its projects. It is only reasonable that, when such facilities are to be constructed for judicial officers, they are allowed to see the plans and make their input to help the builders construct structures which are fit for their purpose. For example, the Magistrates’ chambers in Samuel Ilori Courthouse, Ogba, Ikeja, have no in-built restrooms or convenience. The available restrooms are built on corners of the corridors in the Courthouse. When a Magistrate has to answer the call of nature, he goes through the corridor in full public glare, and every court user around sees and knows how many times the Magistrate visits the wash room, robbing our Magistrates of their privacy. This is very appalling, to say the least. Essentially, where courthouses are built without Judiciary’s input or review, the builders end up delivering facilities that are not fit for purpose, because they have no understanding of the users’ needs. It is pertinent to state that, we recently flagged off the construction of a courthouse at Tapa Street, Lagos Island, to be designated as commercial court. However, due to the fact that there is still no financial autonomy for the Lagos State Judiciary, we halted at ground breaking, and as I speak to you, no construction has commenced on the project site. Without the construction of more courts, the National Judicial Council will not grant approval for appointment of more Judges, for the State. On the engagement of more Judicial Officers, we currently have an approval to appoint five new Judges, which will bring the total number of Judges in Lagos State, to 63. We also have a total of 153 Magistrates. May I also state that, in the course of my administration, we facilitated the amendment of the High Court of Lagos State Law, which increased the number of Judges for Lagos State to 120. This, to my mind, is a reasonable number to cater to the judicial needs of a budding population of about 30

“IT IS HIGH TIME THE REMUNERATION PACKAGES OF JUDGES AND MAGISTRATES, ARE UPWARDLY REVIEWED IN THE STATE, ESPECIALLY IN THE FACE OF THE EVER INCREASING RATE OF INFLATION, IN THE COUNTRY. THE LAST TIME THEIR PACKAGES WERE REVIEWED, WAS ABOUT 15 YEARS AGO, AND A LOT HAS CHANGED SINCE THEN”

million people. With respect to remuneration packages for the various levels of Judicial Officers in the State, I believe that they are underpaid and under rewarded, considering the workload faced by each judicial officer, particularly the Magistrate Court. Judicial Officers have an average of 700 cases in their dockets, and these cases are very demanding. Judges and Magistrates work under so much daunting pressure in the workplace, drive through heavy traffic, only to get home to more reading and research. It is only appropriate that remuneration packages are put together, to reward them for their hard work. It is high time the remuneration packages of Judges and Magistrates, are upwardly reviewed in the State, especially in the face of the ever increasing rate of inflation, in the country. The last time their packages were reviewed was about 15 years ago, and a lot has changed since then. Even the purchasing power of the Naira is no longer as it was, in the present day. Thus, an upward review of their remuneration packages, is long overdue. Very importantly, their allowances from the State Government should remain a part of their pension packages on retirement. Owing to the fact that Judges are careful to be seen and not heard, they keep their reservations personal and keep on with the job, without a grimace. This should not be taken for granted, at all. Throughout my administration, I did not at any point, receive any report or allegation of corruption against our judicial officers. Having said that, low or poor remuneration, is no excuse or justification for any officer to engage in corrupt practices. What has been the success recorded by the automation of the Probate Registry, which is seen by many as a major milestone in your tenure as Chief Judge? What has been the response of the public? Digitalisation of Probate was launched, to reduce extortion, curb income leakage, and avoid delays in issuance of letters of administration. The E-Probate has been able to achieve these aims, through cashless transactions and drastic reduction in paper use, due to the automation of the probate process. This feat is another laudable one, being the first in the country. The Public is still keying into the innovation, and more sensitisation is ongoing, to ensure that the public understanding of the workings of E-Probate. The digital process now makes it faster, for court users to obtain letters of administration. With the E-Probate, processing of letters of administration is now concluded, within three to four months. This is in sharp contrast, to when the procedure was purely manual; it could take as long as three years, to conclude on processing letters of administration. E-Probate is people friendly, and will save court users cost. Your Lordship recently inaugurated the Lagos Judicial Training Institute, pursuant to the Lagos State Judicial Institute Law 2007. Tell us a little bit about this Institute. How will Judicial Officers, whose dockets are always so full, have time to attend the courses? The Lagos State Judicial Training Institute (LSJI) has been set up, and was recently commissioned, to give effect to the Lagos State Judicial Institute Law of Lagos State 2007 with its temporary site at Lagos State Judiciary Recreation Centre at Herbert Macaulay Way, Ikeja GRA. This Institute is saddled with the responsibility of providing continuous education for all Judges, Magistrates and Staff of the Lagos State Judiciary. The Lagos State Judiciary has 57 Judges, 153 Magistrates and about 1,500 supporting staff, who will enjoy the continuous education programmes which shall be conducted by the Institute. The Institute’s mandate shall be carried out by conducting courses for all judicial officers and supporting staff, with a view to expanding their overall knowledge and performance. The Institute will also publish academic books, journals, records, reports regarding its activities, subject to the approval of the Board, and promoting or undertaking any other activity for the purpose of carrying out its functions under the Law. It is the first of its kind, throughout all the State Judiciaries in the country. It is not in any way in contest or competition, with the National Judicial Institute (NJI); rather it complements it. The LSJI’s programmes, will also not coincide with courses organised by the NJI. The training calendar of the LSJI will be carefully planned and drawn up, putting into consideration the courses to be conducted by the NJI. Courts all over the world have a critical role to play in the societies where they exist, by ensuring that the dictates of man (whether bourgeoisie or proletariat, as the case may be) do not prevail over the rule of law. For optimal performance of these courts in accordance with the provisions of the grundnorm in any given society, they need to be manned by Judges who possess the highest ethical standards, in-depth knowledge of the law, leadership skills, administration capabilities, amongst other key skills required. For the purpose of acquiring up-to-date knowledge of the law, constant reminder of ethical standards expected of judicial officers, keeping in-tune with modern techniques in the administration of law and justice, and improving overall knowledge and performance, judicial education is sine qua non. It has, in fact, been considered the bedrock of judicial reform, because an efficacious judicial reform, is primarily based on the knowledge and betterment of skills that judicial education imparts. CONTINUED ON PAGE 12

12/

11.06.2019

‘I WANT TO BE REMEMBERED AS A REFORMER’

Where the quality of judicial education offered to personnel is top-notch, never will the justice system be undermined, because the quality of decisions obtained will clearly reflect impartiality, transparency and professionalism. To attain the highest judicial standards and enhanced public confidence in the Judiciary, the integrity and impartiality of the courts must remain uncompromised. Inadequate judicial education or a complete lack of it in a judicial system, will undoubtedly make a mess of the impartial, independent and competent image of the Judiciary. It therefore, became imperative to establish a Training Institute to promote judicial competence, efficiency and effectiveness, by imparting knowledge, skills and values. The pivotal role judicial education plays in the enhancement of a standard of excellence in the work of Judicial Officers and supporting staff, cannot be overemphasised. By judicial education, they are empowered to be able to appropriately and effectively utilise the tools that have been provided in a productive and innovative manner. Productivity and innovation, are the keys to meeting the inevitable political, economic and social changes that a society goes through, from time to time. A Judge’s work, being substantially individual, and for the prevention of decay of the sense of knowledge, probity and integrity amongst other things, rests on the untiring industry and dedication of the Judge. He must strive to improve his intellect and develop his mind, by constant study and deep thinking, buttressed where available, by formal continuing education in courses, seminars, conferences and workshops. Full dockets of Judges and Magistrates, will in no way prevent them from attending courses at the Institute. To say I am very surprised at the latter part of the question, is to put it mildly. When trainings are organised, courts are not exactly shut down. Notices of trainings and courses will be sent beforehand to judicial officers, to enable them plan their work schedule and organise their court diaries accordingly. Such trainings will also be conducted in batches, so that at no point in time, will the courts be shut down. Your Lordship is known as one of the most hardworking and innovative Chief Judges, that Lagos State has ever had. As you step down as the 16th Chief Judge of Lagos State, what would you like to be remembered for, the most? What legacies are you leaving behind, and hope will live on after your tenure? I will like to be remembered as a Reformer, who believes that nothing is impossible with self-will and determination, to achieve the

CONTINUED FROM PAGE 11

goals set. I am also a leader, who thinks outside the box, and taps from the wealth of knowledge of my brother and sister Judges, as a tree does not make a forest. The ideas for ingenious inventions, did not stop coming. So, many firsts were recorded during my administration. Some of these are: r *OTUBMMBUJPO BOE $PNNJTTJPOJOH PG UIF vision, mission and commitment sign posts PG UIF -BHPT 4UBUF +VEJDJBSZ BDSPTT BMM UIF $PVSU QSFNJTFT JO -BHPT 4UBUF r 4FUUJOH VQ PG )PTQJUBMJUZ 6OJU UP DBUFS for all members of staff, which was very paramount in my mind: Duty includes supply of monthly provisions, for members of staff. r $SFBUJPO PG UXP OFX EJWJTJPOT PG UIF )JHI $PVSU PO TU 'FCSVBSZ B 4QFDJBM 0GGFODFT %JWJTJPO XIJDI EFBMT with matters related to economic/financial crimes; and C 4FYVBM 0GGFODFT BOE %PNFTUJD 7JPMFODF Division r $SFBUJPO PG 4NBMM $MBJNT $PVSUT JO UIF .BHJTUSBDZ PO SE "QSJM r 5ZQJOH QPPM 4FUUJOH VQ PG 5ZQJOH QPPM to handle secretarial needs of the Magistrates in different Magisterial Districts and typing of Records of Appeal, so as to put a stop to indiscriminate charges in compilation of Records of Appeal. r 4JHOJOH PG UIF 4FOUFODJOH (VJEFMJOFT 1SBDUJDF %JSFDUJPO m UI .BSDI GPS parity of sentences in all the courts. r $SFBUJPO PG UIF OFX "ENJOJTUSBUJPO PG $SJNJOBM +VTUJDF -BX 1SBDUJDF %JSFDUJPO XIJDI is expected to address myriads of challenges bedevilling criminal justice administration in the State. r 4FUUJOH VQ PG UIF 1PMJDZ 4USBUFHZ $PNNJUUFF IFBEFE CZ )PO .S +VTUJDF O.A. Ipaye, with a mandate to formulate QPMJDJFT GPS UIF -BHPT 4UBUF +VEJDJBSZ BT B template for successive administrations. r 5IF %JHJUBMJTBUJPO PG UIF 1SPCBUF 3FHJTUSJFT JO UIF -BHPT 4UBUF +VEJDJBSZ

r TU #J "OOVBM -FDUVSF PG UIF -BHPT 4UBUF +VEJDJBSZ IFME PO UIF UI .BZ r 5IF #BDLMPH &MJNJOBUJPO 1SPHSBNNF #&1 BJNFE BU HFUUJOH SJE PG PME DBTFT speedily and through mediation. r "QQPJOUNFOU PG -BXZFST BT $PVSU Registrars, which is first of its kind in Nigeria. This has preserved Professionalism in the running of courts, and also creates a career path for the Registrars to rise to the rank PG $IJFG 3FHJTUSBS r 8PSLTIPQ GPS OFXMZ BQQPJOUFE -FHBM 3FHJTUSBST XIP BSF -FHBM 1SBDUJUJPOFST m UI m UI 4FQUFNCFS r $SFBUJPO PG 3FTUPSBUJWF +VTUJDF $FOUSFT BU 4BNVFM *MPSJ $PVSU )PVTF 0HCB + * $ 5BZMPS $PVSU )PVTF *HCPTFSF :BCB .BHJTUSBUF $PVSU )PVTF &CVUF .FUUB .BHJTUSBUF $PVSU )PVTF BOE 4JLJSV "EBHVO $PVSU )PVTF Mba Street, Apapa. r $SFBUJPO PG 4FOJPS $JUJ[FOT )FMQ $FOUSFT -FHBM "DDFTT GPS &MEFST BU *LFKB BOE -BHPT +VEJDJBM %JWJTJPOT PG UIF -BHPT 4UBUF +VEJDJBSZ DPNNJTTJPOFE PO UIF UI PG .BZ r %FTJHOBUJPO PG TQFDJBM DBS QBSL GPS DJUJ[FOT XJUI EJTBCJMJUJFT XJUIJO UIF *LFKB BOE *HCPTFSF $PVSU QSFNJTFT r 5IF JOUSPEVDUJPO PG 4PDJBM NFEJB )BOdlers/Platforms namely; Facebook- Office PG UIF $IJFG +VEHF PG -BHPT 4UBUF 5XJUUFS ! MBHPTDIJFGKVEHF *OTUBHSBN !MBHPTDIJFGKVEHF -JOLFE*O 0GĂ DF PG UIF $IJFG +VEHF PG -BHPT 4UBUF UP GBDJMJUBUF FBTZ BOE GBTUFS feedbacks from stakeholders and public and dissemination of information to them. Feedbacks received, aid us in improving on our service delivery. r 5SBOTMBUJPO PG UIF 4NBMM $MBJNT $PVSU Practice Direction into different local languages OBNFMZ 1JEHJO &OHMJTI :PSVCB &HVO )BVTB BOE *CP MBVODIFE PO UI .BZ "MUIPVHI &OHMJTI MBOHVBHF JT UIF MBOHVBHF PG the court, the Practice Direction was translated into these languages, to avail the general public accurate knowledge of its provisions,

“CORRUPTION IS NOT LIMITED TO BRIBERY. IT EXTENDS TO OTHER ADMINISTRATIVE DUTIES SUCH AS: ORCHESTRATION OF DISAPPEARANCE OF CASE FILES, JUDGES’ NOTES OR EXHIBITS, ILLEGAL EXECUTION OF JUDGEMENT, ALTERATION OF COURT ORDERS BY REGISTRARS OF COURT, PROCUREMENT OF COUNTERFEIT OR NON- EXISTENT COURT ORDERS AND RULINGS FOR DESPERATE IMMIGRATION PURPOSES....�

whether literate or otherwise. The beauty PG UIF 4NBMM $MBJNT $PVSU JT UIBU MJUJHBOUT DBO DPNF UP $PVSU UP QSPTFDVUF PS EFGFOE themselves, without the need to engage the TFSWJDFT PG B -BXZFS 5IF QSPDFEVSF HJWFT more effect, to grassroots justice. r 5IF TU $ISJTUNBT $BSPM 4FSWJDF PG UIF -BHPT 4UBUF +VEJDJBSZ IFME JO %FDFNCFS r TU *OEVDUJPO 5SBJOJOH PG UIF OFXMZ BQQPJOUFE .BHJTUSBUFT GSPN UI +BOVBSZ TU 'FCSVBSZ r 5IF #POETNFO 4UBLFIPMEFST 4VNNJU and the launch of the Bondsmen Scheme and the Practice Direction of the BondsNFO 3FHVMBUJPO PO UI 'FCSVBSZ 5IF #POETNFO $PNNJUUFF XBT IFBEFE CZ )PO Mr. Justice Onyeabo. r 5IF $PNNJTTJPOJOH PG UIF -BHPT 4UBUF +VEJDJBM &TUBCMJTINFOU *OTUJUVUF -4+&* XJUI JUT UFNQPSBSZ TJUF BU -BHPT 4UBUF +VEJDJBSZ 3FDSFBUJPO $FOUSF BU )FSCFSU .BDBVMBZ 8BZ *LFKB (3" 5IJT *OTUJUVUF JT TBEEMFE XJUI UIF responsibility of training Judges, Magistrates BOE 4UBGG PG UIF -BHPT 4UBUF +VEJDJBSZ These reforms speak for themselves, and will live long, even after my tenure. I am HSBUFGVM UP UIF "MNJHIUZ (PE GPS UIF BCJMJUZ strength, courage and collaborative efforts of the good people whom He surrounded me with, to bring these ideas to life. If there is any goal I had set out to achieve during my tenure as stated in my inaugural speech, which could not be accomplished, it is due to the lack of financial autonomy, which made it challenging to plan and execute such projects. This administration recorded these novel feats, because of the maximum cooperation of the Judges, Magistrates and staff of the -BHPT 4UBUF +VEJDJBSZ *O GBDU BMM UIF )PO +VEHFT BSF UIF TPMEJFST (PE VTFE UP BTTJTU me, to achieve this glorious record. After a well deserved rest following such a full, active and fruitful tenure, what does the next chapter in the life of her Lordship look like? I have always been a believer in family bonding and creating time for family. Happily, UIF OFYU DIBQUFS PG NZ MJGF CZ (PE T HSBDF will be spent making quality time for family, HPJOH CBDL UP NZ BMM UJNF IPCCZ m BDUJOH script writing, and devotion to service unto (PE BOE NBOLJOE 4P IFMQ NF (PE *U JT B OFX TFBTPO PG DFBTFMFTT QSBJTF UP (PE Almighty, for all His wondrous works in NZ MJGF &WFSZ TFDPOE PG NZ OFYU DIBQUFS XJMM CF GVMM PG HSBUJUVEF UP (PE "MNJHIUZ as I sit back and count my blessings. I am also very much around, to serve my State BOE $PVOUSZ XIFO DBMMFE VQPO UP EP TP My Lord, I wish you a happy 65th birthday. Congratulations and Well done. Thank you very much.

11.06.2019

THE LIGHTER SIDE/13

LEGAL HUMOUR

We Hold Your Brief TOBI SONIYI might be difficult to prove now, since the act took place months ago. However, abortion or an attempt to procure it, is a crime under our laws. The Criminal Code Act, in Section 228, prohibits attempts to procure abortion. ‘Any person who, with intent to procure miscarriage of a woman, whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, is guilty of a felony and is liable to imprisonment for fourteen years. Section 230 further provides: ‘Any person who unlawfully supplies to or procures for any person any thing whatever, knowing that it is intended to be unlawfully used to procure the miscarriage of a woman, whether she is or is not with child, is guilty of a felony and is liable to imprisonment for three years’. My advice is that, you should lodge a complaint at the police station immediately, stating the circumstances Dear Rev B.O., It is a criminal act for your landlord under which she got pregnant, and the to have had forceful carnal knowledge attempt to abort. Both acts, are serious of your house help. It is rape. This crimes. Dear Counsel, To our utter dismay, my wife recently discovered that our house help, is pregnant. She had been vomiting all over the kitchen area, and the bathroom. She later owned up and confessed that our 68 year old retiree landlord, had on three occasions, had sex with her against her will, which resulted in the pregnancy. We summoned the man, and he pleaded that we must not let his wife know about it. While we were contemplating this, we became suspicious that, he is trying to arrange for the pregnancy to be aborted secretly. We found some pills in her bag while she sleeping, woke her up, and she admitted that the landlord gave her the pills. She had already started taking them, before we found out and took them from her. We are fearful because, her life could be in danger. What should we do under these circumstances? Rev B.O., Lagos

In the USA, everything that is not prohibited by law, is permitted. In Germany, everything that is not permitted by law, is prohibited. In Russia, everything is prohibited, even if permitted by law. In France, everything is permitted, even if prohibited by law. In Switzerland, everything that is not prohibited by law, is obligatory. ˾˾˾ What's the difference between a Lawyer and a boxing referee? A boxing referee doesn't get paid more, for a longer fight. ˾˾˾ Arguing with a Lawyer is like mud wrestling with a pig: after a while, you realise that the pig actually enjoys it. ˾˾˾ How many Lawyers does it take to change a light bulb? "How many can you afford?" It only takes one to change your bulb... to his. Two. One to change it and one to keep interrupting by standing up and shouting "Objection!" Three. One to do it and two to sue him for malpractice. Three. One to turn the bulb, one to shake him off the ladder, and the third to sue the ladder company. Three. One to sue the power company for insufficiently supplying power, or negligent failure to prevent the surge that made the bulb burn out in the first place, one to sue the electrician who wired the house, and one to sue the bulb manufacturers. Fifty four. Eight to argue, one to get a continuance, one to object, one to demur, two to research precedents, one to dictate a letter, one to stipulate, five to turn in their time cards, one to depose, one to write interrogatories, two to settle, one to order a secretary to change the bulb, and twenty-eight to bill for professional services. How many Lawyers does it take to screw in a light bulb? None, Lawyers only screw us.

Oil Marketers Arraigned for Alleged N1bn Fraud Peter Taiwo After series of setbacks, the Economic and Financial Crimes Commission (EFCC) finally arraigned five oil marketers before a Lagos High Court sitting in Ikeja, for allegedly stealing petroleum products valued at one billion naira, property of the United Bank for Africa (UBA). The Defendants identified as Thompson Omoietan, Adeleke Lasun, Funmilola Oyerinde, Adegoke Shadrack, and James Amore, were arraigned before Justice Josephine Oyefeso, on a three-count charge

of conspiracy, stealing, and forgery. The prosecuting Counsel, Mr. Kayode Oni, told the court that, the Defendants allegedly committed the offences in September 2011, alongside 13 others, who are currently at large. Mr. Oni said that, the thirteen others now at large include- Ngozi Okoye, Menol Oil and Gas Ltd, Faicek Petroluem Ltd, Cynthia Gboneme, Onyebuchi Patience, Godwin Onyeke, Moses Ojera, Umanah Bassey, Onwuka Ibisi, Hyginus Nwosu, Solomon Okpithe, Gbolade Otukoya, and Godwin Omoke.

The Commission alleged that, the Defendants and their accomplices, also purportedly forged documents titled Supervisory Discharge Certificate, addressed to the Managing Director of Menol Oil and Gas Ltd. However, the counsels to the Defendants, Messers Yinka Farounbi and A.O Akinyemi, informed the court of their respective bail applications. They prayed the court, to grant their clients bail on the most liberal terms. Justice Oyefeso will, however, rule on their bail application, today.

14/

11.06.2019

Justification for the Supreme Court Decision in the Zamfara APC Case In this article, Nonso Attoh offers his condensed opinion on the recent Supreme Court decision in the APC Zamfara case, not as a comprehensive exposition of the issues raised by this decision, but rather, as an attempt to stimulate further discourse, and to shed some light, on some neglected aspects of the issues under consideration

“F

The Ratio Decidendi or the avoidance of doubt, a party that has no candidates in an election, cannot be declared the winner of the election. This being so, the votes credited to the alleged candidates of the 1st Appellant in the 2019 general elections in Zamfara State, are Wasted Votes. For that reason, it is hereby ordered that, candidates of parties other than the 1st Appellant with the highest votes and the required spread, stand elected into the various offices that were contested for in Zamfara State in the 2019 General elections” - per Paul Adamu Galinje JSC in APC & Anor v Senator Kabiru Marafa and Ors. The above ratio by the Supreme Court, in the recently concluded case involving the APC candidates in Zamfara State, has raised a lot of legal and academic furore with many commentators wading in either on the side of the Supreme Court decision, or vociferously criticising the Supreme Court decision, as being wrong or unjust. My position is influenced by the fact that, there are two Rules adopted by the courts all over the world, in dealing with the issue of the effect of votes cast in an election for a person who is either dead or who has withdrawn from the election, or a person who is disqualified. These are the American Rule and the English Rule. Accusations of failure to do Justice In the Zamfara APC case, the Supreme Court adopted the minority English Rule, and, in our opinion, in the light of our extant laws and the diverse ramifications of justice, it is inappropriate to allege that in adopting such a position, they have resorted to technicalities and failed to do justice. The much-touted Section 140(2) of the Electoral Act 2000 has also been interpreted by the Supreme Court and as we will see, it is not applicable in this case. In accusing the Supreme Court Justices of failing to do justice, one fails to realise that corrective or retributive justice, is also an aspect of justice. Going by the obiter dictum of the court, one can distil the corrective/ retributive justice orientation of the court, in adopting the English Minority view. This is also not the first time the court has adopted this corrective/retributive approach to justice, in dealing with wasted votes. When we insist that only our preferred concept of justice must be adopted by the courts, we only give credence to the idea of Hans Kelsen, that justice is an irrational ideal, “representing nothing but the subjective predilections and value preferences of individuals and groups”. We will therefore, succinctly highlight these two views, consider the applicability of Section 140, and also consider the suggestion that, the APC should apply to the Court for a review of its judgement. The Two Rules regarding the legality

Abdul-aziz Yari Abubakar

of votes cast for Dead, Disqualified or Withdrawn Candidates A statute may prescribe what would be the effect of votes cast for dead, withdrawn or disqualified candidates, as we have in some American States. However, where there is no such statute, courts have placed reliance on case law, to establish a precedent. The legal effect of votes cast for a deceased, withdrawn, or ineligible candidate, is thus dictated by one of two competing philosophies: the majority, or American Rule, and the minority, or English Rule. Even though Section 140 prescribes that, where an election is annulled because the purported winner is disqualified, the American Rule should in effect be adopted, in ordering a fresh election, the case under consideration was not brought in circumstances calling for the application of Section 140. The English Rule: The English Rule treats votes cast for known dead or withdrawn candidates as nullities, because of the candidate’s ineligibility. The null votes affect the election’s outcome, only if they were intentionally cast as protest votes (this is a case where the voter knew that the candidate was dead or disqualified, and still cast his vote for the candidate as a protest against the remaining candidates). Otherwise, they are treated as if the voter deliberately threw them away. The Rule is expressed in the case of State ex rel. Wolff v Geurkind, 111 Mont. 417, 109 P.2d 1094, 1099,

“FOR THE AVOIDANCE OF DOUBT, A PARTY THAT HAS NO CANDIDATES IN AN ELECTION, CANNOT BE DECLARED THE WINNER OF THE ELECTION”

133 A.L.R. 304[1] thus; “that a voter at the polls, unless he votes for some person, is not voting at all,” that such ballot “is a nullity, cannot be counted and cannot be given any effect, in determining the result of the election”. The American Rule: The American Rule counts votes cast for dead, disqualified, or withdrawn candidates, to determine if the living candidate with the most votes received enough votes to be declared the winner. Under the American Rule, votes cast for a dead, disqualified, or withdrawn candidate, are considered to have been cast with the intention of leaving the office vacant and filling the vacancy as statutes direct, rather than allowing the second place finisher to take office, regardless of whether the voter knew his chosen candidate was dead or ineligible. According to the Supreme Court of California in 1859, in Saunders v Haynes, 13 Cal. 145, the reason for rejecting the English Rule can be summarised in the few statements below: An election is the deliberate choice of a majority or plurality of the electoral body, which is evidenced by the votes of the electors. But, if a majority of those voting, by mistake of law or fact, happen to cast their votes upon an ineligible candidate, allowing the person next to him on the poll to receive the office, may mean that a person might be elected who received only a small portion of the votes, and who never could have been elected at all, but for this mistake. It is fairer, more just, and more consistent with the theory of American institutions, to hold the votes so cast as merely ineffectual, for the purpose of an election, than to give them the effect of disappointing the popular will, and electing to

office a man whose pretensions the people had designed to reject. In Derringe v Donovan, 308 Pa. 469, 162 A. 439, 441, the court’s reasoning was that, a contrary rule would be “repugnant to the principle of majority rule, which is the cornerstone of orderly government”. Despite the recognition of the American Courts that there are difficulties inherent in applying the English Rule, it is incontrovertible that, the English Rule is a valid rule which can be applied where the circumstances so require, especially as our Supreme Court is not bound by any foreign precedent, but can only be persuaded by them. Thus, in view of these considerations, it is inappropriate to suggest that the Supreme Court erred in its decision to adopt the English Rule, in preference to the American Rule. Reading the obiter of the court that immediately followed the decision, the court clearly warned that, those countries we borrowed our democracy from, like the United States and other democratic nations of Europe, are steadily forging ahead in all areas of endeavour, in order to create a stress free and economically viable nation, while some politicians are dragging the nation backward and may likely drag the nation to the Stone Age, if care is not taken. The court thereafter, concluded by urging the politicians to play the game according to the law and guidelines which they have created, as it is only when this is done, that sanity will take centre stage in the domestic and international affairs of the nation. The Court had equally earlier, on page 48 of the judgement, stated that the resort of the APC to court “barely a day after the so- called primary election, is a reflection of the attitude of combative politics of politicians who think they can commit illegality and hope to procure the court’s protection”. Thus, by these unambiguous statements, the court had made it clear, that it was applying corrective/retributive justice, to ensure that the Respondents do not benefit from their illegality. Corrective justice is equally an accepted form of justice, which depending on the prevailing circumstances, may trump other forms of justice. Applicability of Section 140 of the Electoral Act From an analysis of Section 140 and from the decisions of the Court, the following points are to be noted:An order of fresh elections cannot be made, without an order nullifying the election having been first made – Mr Joseph Olujimi Kolawole Agbaje v INEC & Ors (2015) LPELR-25651(CA). The appropriate court cannot grant the relief of nullification of an election and ordering of a fresh election, where the petitioner has not specifically prayed the court for that relief - Mustapha v Bulama & Ors (1999) 3 NWLR (PT 595) 376 AT 384, Mr Joseph Olujimi Kolawole Agbaje v INEC & Ors (Supra). The jurisdiction to declare the election invalid is vested in an election tribunal, not in the Supreme Court - Rotimi Amaechi v INEC (2008) 5 NWLR (Pt.1080) 227, Goodluck Nana Opia v INEC & ANOR (2014) LPELR-22185(SC). Even the tribunal has no jurisdiction to nullify an election without hearing the

CONTINUED ON PAGE 15

11.06.2019

/15

JUSTIFICATION FOR THE SUPREME COURT DECISION IN THE ZAMFARA APC CASE parties in the petition or even go further to make consequential orders UBA v Etiaba & Ors (2008) LPELR-5039(CA). For a fresh election to be ordered, the nullification of the election must be on the ground that, the candidate was disqualified to contest the election, see Saleh v Abah & Ors (2017) LPELR-41914(SC) or (under the Act as amended), that the election was marred by substantial irregularities, or non-compliance with the provisions of the Act. Section 141 of the Electoral Act only applies in cases of post-election cases at the Election Tribunal, as against pre- election matters. To hold otherwise, would mean allowing ineligible persons to contest and win an election, and thus, deploy dilatory tactics to reap from his or her fraud to the fullest, until the expiration of the tenure procured by fraud Saleh v Abah & Ors (Supra). According to the Court, the Act intends that a petition must contain prayers for the reliefs in Section 140 of the Act, depending on the ground for the petition and by the principle that, a court cannot grant a relief not asked for. A condition precedent to the exercise of jurisdiction to grant the reliefs in Section 140 of the Act, is that these reliefs must be asked for. Where there is no prayer in the petition for them, the tribunal or court cannot grant them. According to the court, by virtue of Section 140 (1) and (2) of the Electoral Act 2010 (as amended), an order of fresh elections cannot be made, without an order nullifying the election having been first made. Thus, where it is glaring that the Appellant was not interested in the nullification of the entire election and the ordering of fresh elections, and was only interested in being declared winner of the election and returned as Governor-Elect and so did not seek the nullification of the election and the ordering of fresh election, proceedings to try the petition on the basis of the grounds held by the Tribunal to be valid, would serve no beneficial purpose to the petitioners and would amount to an idle and vain exercise. The Court in Rotimi Amaechi v INEC (Supra) arrived at its decision that, only the Tribunal can nullify an election, by an interpretation of the identical provisions of Section 147 of the Electoral Act 2006 and Paragraph 27 of the First Schedule to the Electoral Act 2006, and thus, stated: “The combined effect of Section 147 and paragraph 27 above is that, this court has no jurisdiction to nullify an election and order a fresh one. All that I can do, is to declare whether or not Amaechi was the candidate validly nominated, and to grant him the reliefs which on the evidence he is entitled to. The jurisdiction to declare the election invalid, is vested in an election tribunal.” However, the same effect is achieved by construing the provision of Section 133(2) of the Electoral Act 2010 which provides that: In this part, “tribunal or court” means(a) in the case of Presidential or Governorship election, the Court of Appeal; and (b) in the case of any other elections under this Bill, the election tribunal established under the Constitution or by this Bill. In other words, the only courts that can nullify an election on the ground set down in Section 140(2) and order a fresh election, is either the Court of Appeal in the case of presidential or governorship election, or the specific election tribunal set up for that election. We will wish to state in a blanket manner, that none of the five preconditions identified above exist in this Zamfara case, to warrant an order for a fresh election – there has been no order nullifying the election, there has been no prayer seeking for a nullification, or order of fresh elections, the case was not before the prescribed election petition tribunal, but began at the High Court and ended at the Supreme Court, on an issue totally unrelated to the question of disqualification of the candidates. The case before the court, was questioning the election on the grounds of the qualification of the APC candidates to contest the election. In fact,

CONTINUED FROM PAGE 14

it was a pre-election matter. As you may recall, it was the APC etal, that applied to the High Court to declare its State primaries conducted by its State party executives, as valid, and was successful at the High Court. However, the Court of Appeal reversed the judgement of the High Court, and declared the purported primaries as invalid. Thus, the issue before the Court was about the validity of the APC State primaries, not about the nullification of the election, based on the lack of qualification of the APC candidates. Based on this alone, the condition precedent for ordering a fresh election, does not exist in this situation. Review by the Supreme Court of its own Decisions We will open our treatment of this issue with the immortal words of Justice C. Oputa regarding the Supreme Court that, “We are final, not because we are infallible, rather we are infallible, because we are final”. Thus, it has been recognised by the Court in quite a number of cases, that being the Apex Court in Nigeria, it cannot sit on appeal over its own judgement. It may be important as an aid to understanding the legal position, to make a distinction between the Supreme Court overruling a previous decision which it has found to be a vehicle of injustice, against public policy or decided per incuriam etc, and a case requiring the Supreme Court to change its decision in a current case. The first case has always been possible and has occurred many times in the Supreme Court jurisprudence, such as in the case of Adisa v Oyinwola (2000) 10 NWLR pt 674 at 116 where it overruled its previous decision in Oyeniran v Egbetola (1997) 5 NWLR (504) 122, etc. However, the second scenario is frowned upon by the Court, as an attempt to make the court sit on appeal over its judgement. There are myriad of cases on this issue, but I will take as very apposite, the decision of Justice Taslim Elias in the case of Minister of Lagos Affairs, Mines and Power & Ors v Chief Akin-Olugbade & Ors SC. 83/1970 SC.369/1970, decided on 8th November 1974. In that case, the learned Justices of the Supreme Court, had allowed the Applicants to demonstrate to it, that the Court had jurisdiction to entertain the applications which among other things, prayed the court to “to review the decision of this Honourable Court delivered in the above matter on Friday, 21st June, 1974, pursuant to the provisions of Order VII rule 29 of the Supreme Court Rules 1961, in the manner and on the grounds set forth in Schedule 1 to this Motion on Notice”. The learned counsel for the Applicant, thus, submitted that the Court has power to review its judgement in two instances (a) where the order of the Court has not been drawn up at the time of the application for a review, and (b) where the decision sought to be reviewed, was given without jurisdiction. The Supreme Court had previously in Ashinyanbi & Ors v Adeniji (1967) 1 ALL N.L.R. 82, examined the circumstances in which it will review its own previous judgement, in the case of applying the “slip rule” for the correction or modification of an order or orders embodied in a judgement, on the ground that the order as drawn up did not represent what the Court had intended to record. The slip rule as applied by the Court in that case, merely envisages clerical mistakes and errors, arising from any accidental slip or omission The Court equally referred to the dictum of Lord Halsbury concerning the operation of the slip rule thus: “If by mistake or otherwise, an order has been drawn up which does not express the intention of the court, the court must always have jurisdiction to correct it. But, this is an application to the Vice-Chancellor, in effect to re-hear an order which he intended to make, but which it is said he ought not to have made. Even when an order has been obtained by fraud, it has been held that, the court has no jurisdiction to re-hear it. If such a jurisdiction existed, it would be most mischievous.” (See per Halsbury L.C. in Preston Banking Co. v William Allsup & Sons (1895) 1 Ch. D. at page 143). The court finally held conclusively that,

Zamfara State Governor, Bello Matawalle

“We are firmly of the view that O.7, r. 29 of our Supreme Court Rules, 1972 envisages only an application for the invocation of the “slip rule” as adumbrated in Ashinyanbi’s case, and that it does not enable an application to be brought for the review of any fact or law, in a previous judgement of this Court. To allow that to be done, would amount to treating the application as an appeal, and this could not be, in view of the provisions of Section 120 of the Constitution of the Federation, 1963.... For, were we to accept the submission of counsel for the Applicants, that we can exercise jurisdiction to entertain these motions to look into complaints about the law or the fact in the judgement being attacked, there would be no finality about any judgement of this court, and every dis-affected litigant could bring further appeals as it were, ad infinitum. That is a situation, that must not be permitted.” However, the court in closing, referred to its earlier decision in Patrick J. Osoba v The Queen F.S.C. 141/1961 decided by the Court on May 19, 1961 which, though a criminal case, was probably the first of its kind to be brought, asking the Federal Supreme Court to review an earlier decision. The dictum of the court raises further academic questions about the future developments in the Court since 1974, as to the power of the court to review its judgements, in cases of judgements obtained by fraud. In refusing to entertain the motion, the Federal Supreme Court said inter alia: “Mr. Khambatta has suggested that as a result of Section 110 of the Constitution of the Federation, the Court has an inherent power to prevent a miscarriage of justice, by making whatever order justice may require even at this stage, but the Court is not entrusted by the Constitution with any general supervisory functions, and in the exercise of its appellate jurisdiction, it is bound by the ordinary restrictions on the setting aside of a judgement, once pronounced and perfected. We will decide what powers the Court possesses in relation to a judgement obtained by fraud, such as was said to have occurred in Flower v Lloyd, when the case arises. This is not such a case, and no circumstances are alleged which would justify the Court either in treating its previous decision as a nullity, or in assuming power to set it aside.” However, this Zamfara case is not one where the judgement was obtained by fraud, so, and as such, we may as well spare our self that academic drudgery. However, if you are interested in following up the inquiry into the circumstances when the Court can review its judgements beside the slip rule situation, you may see the cases of Alao v ACB (2000) 9 NWLR (Pt 672) 264, Tomtec (Nig.) Ltd. v FHA (2009) 16 NWLR (Pt 1173) 358 SC, and Jev v Iyortom (2015) NWLR (PT. 1483) 484, Elias v Ecobank Nigeria Plc (CA/L/873/2014) [2016] NGCA 62 (8 April, 2016) etc. Finally we repeat the dictum of Morris, L.J., in Thynne v Thynne (1955) 3 All E.R. 129, at page 146: as reproduced by the Justice Elias in the case above, “Where

Disqualified Zamfara Candidate, Muktar Shehu

APC

Governorship

“....NONE OF THE FIVE PRECONDITIONS IDENTIFIED....EXIST IN THIS ZAMFARA CASE, TO WARRANT AN ORDER FOR A FRESH ELECTION – THERE HAS BEEN NO ORDER NULLIFYING THE ELECTION, THERE HAS BEEN NO PRAYER SEEKING FOR A NULLIFICATION, OR ORDER OF FRESH ELECTIONS, THE CASE WAS NOT BEFORE THE PRESCRIBED ELECTION PETITION TRIBUNAL, BUT BEGAN AT THE HIGH COURT AND ENDED AT THE SUPREME COURT....” a court has decided an issue, and the decision of the court is truly embodied in some judgement or order that has been made effective, then the court cannot re-open the matter, and cannot substitute a different decision in place of the one which has been recorded. Those who seek to alter, must in those circumstances, invoke such appellate jurisdiction as may apply”. There is no such applicable appellate jurisdiction, over the judgement of the Supreme Court. Postscript: You may wish to note that, even the Indian constitutional system which gives the Supreme Court power of review, also recognises that, it may not be exercised on the ground that the decision was erroneous on merit.” (Aribam Tuleshwar Sharma v Aribam Pishak Sharma (AIR 1979 SC 1047). The Indian Supreme Court has clarified that, a review is by no means an appeal in disguise, and stated that, the basic philosophy inherent in review is the universal acceptance of human fallibility, and as such, rectification of an order stems from the fundamental principle that justice is above all. Review is exercised to remove the error, and not for disturbing finality. (S. Nagraj v State of Karnataka (1993)). We suggest that it is wisdom for the APC to rest this case, even though there are nuances to the application of Section 140 that may be explored by other aggrieved individuals, subject to the discretion of the court to overrule itself on the consequential order made in this case. Unless those nuances are explored, we can only wait until a better opportunity appears, for the application of Section 140, or for legislative overruling of the decisions of the court, adopting the English Rule. Nonso Robert Attoh, Law Lecturer, Enugu State, Nigeria

16

TUESDAY JUNE 11, 2019 • T H I S D AY

TUESDAY JUNE 11, 2019 • T H I S D AY

21

22

TUESDAY JUNE 11, 2019 • T H I S D AY

T H I S D AY Ëž ÍŻÍŻËœ 2019

23

BUSINESSWORLD

Group Business Editor Obinna Chima

Email obinna.chima@thisdaylive.com 08152447875

Íľ Ëœ Í° ÍŽ ÍŻ ͡ MONEY MARKET OVERNIGHT OBB

REPO 11.43 % 10.86 %

CALL 1-MONTH 3-MONTH

11.50% 12.25 % 12.63 %

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

393.05 % -0.52 % -0.48%

S & P INDEX 1/4 TO DATE 1.67% YEAR TO DATE 10.11%

EXCHANGE RATE N306.95/1US DOLLAR* *AS AT LAST FRIDAY

Quick Takes Fintrak Boss Honoured

COURTESY VISIT

L-R: Head, Midstream/Gas Assets, Oil & Gas, Sterling Bank Plc, Mr. Joshua Onifade; Head of Membership Committee, Lagos Chamber of Commerce and Industry (LCCI), Mr Kunle Ogunde; President, Mr Babatunde Ruwase; MD/CEO, Sterling Bank Plc, Mr Abubakar Suleiman; and Chairperson, Financial Services Group, LCCI , Mojisola Bakare, during a courtesy visit of the Financial Services Group of LCCI to the bank’s head office in Lagos‌ recently PHOTO: ETOP UKUTT

Report Shows Discos Struggling to Cut Loss Levels Stories by Chineme Okafor in Abuja An analysis of the Average Technical Commercial and Collection (ATC&C) Loss Data obtained from the Nigerian Electricity Regulatory Commission (NERC), has shown that the 11 electricity distribution companies (Discos) are still finding it difficult to cut down losses. The data from NERC in Abuja, disclosed that right from the end of 2018, and into the first two months of 2019 - January and February, none of the Discos have been able to meet the average ATC&C loss projections they made in the Multi Year Tariff Order (MYTO). On the average, the 11 Discos proposed to reduce their ATC&C losses to 29.9 per cent, but have only been able to achieve a 53.9 per cent loss reduction, thus

E CO N O M Y signifying a poor ATC&C levels. For example, between December 2018 and February 2019, while the Abuja Disco which proposed an ATC&C reduction level of 33.54 per cent, was able to achieve only 33 per cent , 47 per cent and 41 per cent respectively for the period; Benin Disco had in its plan to reduce its loss levels to 38.62 per cent, but still recorded 53 per cent, 56 per cent and 58 per cent in December, January and February respectively. Also, while Eko Disco with its 19.44 per cent reduction target, it had 29 per cent, 30 per cent and 31 per cent reduction levels respectively for the period; Enugu with 38.43 per cent target had 53 per cent, 54 per cent, and 57 per cent to show for its efforts; Ibadan had aimed at cutting its

losses to 30.41 per cent but was still struggling with 49 per cent, 51 per cent and 52 per cent loss levels in December 2018, as well as January and February 2019 respectively. The other Discos such as Ikeja with a plan to reduce its losses to 20.82 per cent, had them at 28 per cent, 30 per cent and 31 per cent respectively in the three months stated above; Jos Disco (20.82 per cent) – 69 per cent, 70 per cent and 71 per cent; Kaduna (31.93 per cent) – 75 per cent, 73 per cent and 77 per cent; Kano (38.20 per cent) – 49 per cent, 57 per cent and 47 per cent in the review months respectively; Port Harcourt (45 per cent) – 64 per cent, 65 per cent and 69 per cent; while Yola Disco which has remained under the management of the federal government since its handover by Integrated Energy Solutions,

had plans to reduce its ATC&C losses to 32.8 per cent, but still recorded 70 per cent, 69 per cent and 68 per cent inAnne review period. In perspective, the NERC in its third quarter 2018 report of activities in the country’s power sector, complained of the impact of the Discos’ loss levels on the market. The regulator equally noted it was working out modalities to address the development. The report explained: “Pursuant to the strong commitment of the Commission to address Discos’ technical inefficiency (e.g., poor distribution network), a capital expenditure process is being considered whereby investments by Discos would be thoroughly reviewed and optimised for prudence and Continued on page 24

Azura Defers 270MW Expansion Plan over Uncertainty in Power Market Azura-Edo Independent Power Plant (IPP) has shelved its plan to expand its 461 megawatts (MW) capacity power generation plant in Benin area of Edo state by an additional 270MW, due to lingering uncertainties in Nigeria’s electricity market, THISDAY learnt. Speaking in an exclusive interview with THISDAY, the Managing Director of the IPP, Mr. Edu Okeke, said the plan to expand the Genco’s capacity would have gone on save for indications that it could be uneconomical to go ahead with the project. Okeke, said instead, the IPP’s parent company opted to invest in other energy jurisdiction with relative market stability. He explained the devaluation

E CO N O M Y of Nigeria’s currency and uneconomical electricity price added to make the country’s electricity market tough for operators. Azura, had a year ago achieved a remarkable feat with its completion of the 461MW IPP ahead of its planned delivery date. Electricity from the IPP has since been deployed to Nigeria’s national grid, however, the shelved 270MW would have added to Nigeria’s generation capacity. “From our perspective, the biggest change in the market actually happened several years ago when the naira suffered a sharp devaluation at the same time as the government

maintained the old price cap on electricity tariffs. “As a result, the hard currency value of the Discos’ receipts fell precipitously and the sector as a whole became insolvent, pending future price deregulation and, or market restructuring. This market stagnation did not directly affect our existing plant - the 461MW Azura-Edo IPP, but it did have a serious impact on our capital allocation decisions vis-Ă -vis new investments,â€? said Okeke. He added: “For example, our original plan was to keep the construction crew on site after the completion of the Azura-Edo IPP and commence work on the second phase of the plant, which would have added another 270MW to the grid. “But, at the beginning of last

year, as we began commissioning the Azura-Edo IPP, we decided that it would be more prudent to hold back on new investments in Nigerian power capacity until we could see a clear regulatory and political pathway back to sector-wide commercial viability. “Our parent company, therefore, accelerated its investments in base load power generation capacity outside of Nigeria. But our first love was, and remains, Nigeria and in the medium to long term we believe the growth in Nigeria’s electricity sector will outstrip that of any country in the world, with the possible exception of China.� Speaking further on the market’s challenges, Okeke Continued on page 24

The Founder and Managing Director of Fintrak Nigeria Limited, Mr. Bimbo Abioye, was recently honoured in Abuja for his strides in the Nigerian information technology space. The recognition, which took placeduringtheSmartCitiesForum2019inAbuja,wasademonstration of Fintrak’s strides in the technology ecosystem in Africa. Speaking about the recognition, Abioye said: “We appreciate this award and recognition. This is to show that our impacts are being recognized in the country.This award is encouraging, not only to me but to the Fintrak team and other indigenous ICT ďŹ rms. “Weappreciatethisaward,wedidn’tseeitcomingbutwemustbehonest, we thank the organisers of this event for this and we are promising them that we wouldn’t rest on our oars in providing quality ďŹ nancial software and solutions to Nigerians and Africans.â€? Over the years, Fintrak has grown to be an international company providing solutions to tons of countries outside Nigeria. “With physical presence in many African countries such as Ghana, Kenya, Central Africa etc. we have tried as much as possible to make impact in the African banking ecosystem. “Our solutions such as IFRS , Risk management software’s and a host ofotherscomeinEnglishandFrenchlanguages,thisistodemonstrate our pan African outlook.We believe that this award is in line with our strides and that of our vision,â€? Abioye added. The former Minister of Communications, Adebayo Shittu, had urged the recipients to continue with the good works, which is changing the technologynarrativeandadoptioninthecountry.TheVicePresident, Prof.Yemi Osinbajo, in his opening remarks tasked Nigerians to build smart systems that would power the country as we enter the ďŹ fth industrial revolution.

Rivers Govt Lauds Eunisell

The Rivers State government has praised one of the leading global chemical and specialty uid management company, Eunisell, for its continued support of Rivers United FC and the development of domestic football in Nigeria. Eunisell is longest standing sponsor of a club in the NPFL. Speaking at a dinner to celebrate the partnership of the club at a special event tagged: ‘Eunisell Rivers United FC Celebration Day’, in the Rivers State capital, Port-Harcourt, Rivers Commissioner for Sports,BomaIyaye,notedthatnotmanyclubsinthecountryhavehad the luxury of getting the kind of backing which the club has enjoyed from Eunisell. He charged the team to raise their game, by winning and ensuring they become a club to reckon with, in Nigeria and on the continent. “Eunisell has done immensely well for Rivers United, looking at the huge funds they have invested in the team. “Teams like Kano Pillars, Rangers, and Enyimba, who have won two continental championships, don’t have this kind of sponsorship - So we owe Eunisell a duty by winning trophies and playing in the CAF Interclub competitions as a medium to showcase the brand globally.â€? Alsospeaking,RiversUnitedGeneralManager,ChiefOkeyKpalukwu, observed that with the partnership between the club and company, Eunisell’s consistency with being the shirt sponsors for ďŹ ve seasons, whichnoothercompanyhasdoneinthiscountry,isofimmensebeneďŹ t to both the brand and the club. He added: “Before we came into this deal withEunisell, our jersey was not seen on the streets, nor was it in any shop. “Right now, we have our jerseys in shops andbeing worn openly on the streets. I don’t know mostof the people that I see wearing our jerseys. What that means is that the club is now more accepted by the people and even at the grassroots level.â€?

S’Africa’s Reserves Fall to $43.18bn

South Africa’s net foreign reserves dipped to $43.178 billion in May from $43.245 billion in April, the Reserve Bank said on Friday. Gross reservesfellto$48.329billionattheendofMayfrom$49.538billion in the prior month, central bank data showed. The forward position, which represents the central bank’s unsettled or swap transactions, was $1.152 billion in May from $1.874 billion in April. Data onTuesday showed ďŹ rst-quarter growth contracted 3.2%, the most in a decade, almost immediately followed by the ANC’s announcement that it wantedthebanktoconsiderquantitativeeasingtolowergovernment debts, sending the rand crashing. Bonds were also weaker, with the yield on the 10-year government bond at 8.535 per cent.

“On the average we do have face to face contact with 20,000 people annually across the country in our various investors programme. In a country with 190 million people and with about 65 per cent of that population under the age of thirty; we need to find new ways to reach these potential investors� CEO, NSE,

Mr. Oscar Onyema

T H I S D AY Ëž ÍŻÍŻËœ Ͱ͎ͯ͡

24

BUSINESSWORLD REPORT SHOWS DISCOS STRUGGLING TO CUT LOSS LEVELS

relevance to achieving goals of the licensee. “A revenue adjustment mechanism is to be adopted in subsequent tariff reviews, to claw back any return allowed on previously proposed investments that were not eventually executed by the Discos. This action is expected to improve Discos’ commitment to their network upgrade and subsequently reduce technical losses.� It equally added: “To address commercial losses (i.e., energy theft), the Commission has continued to monitor the Discos’ asset mapping and tagging under the framework of the ongoing customer enumeration in order to identify illegal consumers and bring same onto the billing platform. “Moreover, the Commission is closely monitoring the Discos’ procurement of Meter Asset Providers for compliance with the requirements of the Meter Asset Providers (MAP) Regulations. Finally, the Commission is closely working with the National Assembly to ensure timely conclusion of the Energy Theft Bill.� With regards to provision of meters to yet to electricity consumers, the NERC data also showed the Discos were slow in deployment within the period which was before the NERC signed off their respective third-party meter provision arrangements under the MAP regulation. AZURA DEFERS 270MW EXPANSION PLAN OVER UNCERTAINTY IN POWER MARKET

stated: “The reality is that the current tariff for the sector is far too low to cover the costs of the whole value chain. “This has necessitated the government stepping in through the CBN (Central Bank of Nigeria) to provide debt facilities to enable NBET (Nigerian Bulk Electricity Trading) to settle the invoices of the generating companies. But, this is not sustainable in the long run. Government should, as matter of urgency, work through the regulator, NERC, to bring the tariff to a level where the market is self-sustaining. That’s the only way we can have a functional market.�

NEWS

C&I Leasing Commends NIMASA Over Release of Vessel, Crew Eromosele Abiodun The C&I Leasing Plc has commended the Nigerian Maritime Administration and Safety Agency (NIMASA), the Nigerian Ambassador to Equatorial Guinea, Ambassador Toko Ali Gongulong, the Defence AttachĂŠ, Navy Captain Seyi Oladipo, and the Spanish Navy, for their intervention and timely release of its, MV CHARIS, which was hijacked by sea pirates in Equatorial Guinea. Managing Director C&I Leasing, Mr. Andrew Otike-Odibi, in a statement said the vessel was on its way to execute a recovery contract in Equatorial Guinea, when it was hijacked by sea pirates. The pirates, he said, attempted to use his vessel to attack another marine vessel, MV BLUE MARLIN before they were arrested by the authorities of Equatorial Guinea and detained both vessels. This, he stated, was contrary to reports by certain online bloggers that MV CHARIS was arrested in Malabo, Equatorial Guinea, on suspicion of involvement in piracy activities. According to Otike-Odibi, “MV CHARIS was released on Wednesday the 29th of May 2019, after a series of interrogation and negotiations with the support of NIMASA representatives, Ambassador Gongulong, Navy Captain Oladipo, and the Spanish Navy. The crew then sailed following inspection and repair

of the vessel on the 31st of May 2019. “A misunderstanding of the specifics occurred between the arresting authorities because on arrival in Malabo, MV BLUE MARLIN was docked for repairs, with its crew treated decently, while MV CHARIS and its crew were detained by the police under threat of being charged with piracy, whereas they were equally attacked and

hijacked by the pirates.� He added, “The Vice President of Equatorial Guinea, Teodoro Nguema Obiang Mangue, had announced on the country’s national radio station that 10 sea pirates of Nigerian origin were arrested in relation to the hijacking of a vessel; MV BLUE MARLIN and this same vessel with another vessel named MV CHARIS were subsequently handed over to

the Equatorial Guinea Navy by the Spanish Navy as the incident was clearly within their jurisdiction. “However investigations later revealed that following the attack on MV CHARIS, the pirates destroyed its communication links, leaving only the SAT Line which was not damaged in the process and was eventually used to make a distress call. C&I Leasing then

reached out to NIMASA, who then engaged all the necessary authorities in both Nigeria and Equatorial Guinea to aid the release of the company’s vessel MV CHARIS. C&I Leasing, thereafter sent a team from its Marine Operations to Equatorial Guinea to help expedite the identification and release of the of MV CHARIS and her crew and return to Nigerian shores. “

MOU SIGNING

L-R: Chief Operating OďŹƒcer, Power Business Division, Marubeni Corporation, Yoshiaki Yokota and Chief Executive OďŹƒcer, Azuri Technologies, Simon BransďŹ eld – Garth, during the signing of a strategic investment that took place at Cambridge, United Kingdom‌ recently

Imoke Lauds Cross River over Vitamised Rice Mill The immediate past governor of Cross River State, Senator Liyel Imoke, has lauded the industrialisation strides of his successor, Governor Ben Ayade, describing the establishment of the Africa’s first vitaminised rice mill in Ogoja as a phenomenal project. Imoke, who accompanied Governor Ayade to inspect installation of equipment at the rice mill said the automated rice mill would create employment, increase rice production and make Cross River a hub for rice production in the

country. “This is a phenomenal project that speaks volume of the governor’s vision, not just the vision but the timing of a project of this nature,� the former governor was quoted to have said in a statement, adding that, “it makes economic sense, as it will create employment, increase rice production and make Cross River a hub for rice production in this country.� While acknowledging the, “intellectual money policy,� of Ayade, the former governor

said “the secret of such a gigantic project, especially when the state earns the least from the federal allocation, could only be a product of intellectual money,� adding that, “I love the location and this can capture all the rice in the central and north, and ideally situated in terms of access to the market.� Continuing, Imoke said: “A lot of people feel that the Nigerian rice is not as qualitative as it ought to be, but with a mill like this, though I am not an expert

but I believe that the quality of rice that will be processed here will beat local standard.� He further pointed out that: “To be able to achieve that, you need a processing park that has not just the capacity but the latest technology and what you see here is exactly that. “It is a matter of months for this place to become a hub and you have to do the road and car park because of the volume of activity.� In his response, Ayade explained that, “this is the

first vitaminised rice mill in Africa. It is the latest technology and an adoption of the most sophisticated technique, part of which is my own intellectual inputs and design.� Acknowledging the foreign expertise that went into setting up the factory, the governor said: “We have a team here from Germany who is working to make the plant run fully on solar, two megawatts of power and two megawatts of battery storage, so, day and night it will run without recourse to diesel.�

Heritage Bank’s Academy Gets Accreditation, Trains 300

Group Business Editor

Obinna Chima

Capital Market Editor

Goddy Egene

AgriBusiness/Industry Editor

Jonathan Eze

Comms/e-Business Editor

Emma Okonji

Senior Correspondent

Raheem Akingbolu (Advertising) Correspondents

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

Nume Ekeghe (Money Market) Nosa Alekhuogie (ICT)

Heritage Bank Plc has received the permission of the Chartered Institute of Bankers of Nigeria (CIBN) for its establishment of a full-fledged learning and development institute, with the training of 300 new employees. The institute dubbed “The Refinery� being supervised by the bank’s Human Capital Management Group is currently training 300 new intakes who are fresh from universities across and outside the country with diverse academic backgrounds, in an ongoing intensive 12-week programme at the school, in Port Harcourt. The Refinery is a tailored learning experience Institute with the perfect blend of technologies, techniques and methodologies to optimise training experiences, which

would help employees succeed in ensuring that the bank’s business stays ahead of the curve with the banking sector along with Heritage Bank’s target goals. Having visited The Refinery in Port Harcourt during the ushering in of the new intakes, the Group Head, Learning and Development of CIBN, Babatunde Apena in his commendation, was quoted in a statement to have stressed that Heritage Bank’s training facility is the best in Nigerian banking industry and at par with international best standard. According to him, despite the training facility still undergoing various upgrades for accreditation, it stands out as one of the best in the industry. The MD/CEO of the bank,

Ifie Sekibo, described Heritage Bank as a forward looking business whose strength lies in the ability to spot and mould talents into great professionals. He noted that the Refinery was established to train, nurture and arm young employees with the right skills needed to fasttrack development and enable teams to flourish. Sekibo further explained that at the Academy, “we hire young graduates who want to advance their skill levels, which will lead to a direct and indirect improvement of life for their families and communities that will culminate toward more productive, resourceful persons.� According to him, any business that hopes to survive the current economic challenges

must devise a creative way of harnessing the full potentials of the talents that abound among the nation’s teeming youth population. He urged the lucky intakes that after their graduation, they should see the opportunity as a privilege to contribute their quota towards the development of Nigeria by imbibing the bank’s mantra of commitment to spreading the culture of Wealth Creation, Preserve and Transfer. “Just as the word Refinery connotes, the Heritage Bank Plc Refinery is a Facility where crude talents or abilities are converted or ‘refined’ into ‘finished’ jewels for optimal performance. “The training program is designed to take each participant on an enriching, rigorous and

intellectually engaging learning journey to equip them with the fundamental competencies required of a professional banker. “The curriculums are structured to accommodate both Core and Non-Core Banking competencies such as finance, credit and accounting, organisational and behavioural competencies to mention a few,� Sekibo stated. The bank’s helmsman also pointed out that Heritage Bank was assimilating the large number of new hands at a time when gainful employment was becoming hard to come by; stressing that the bank had always remained optimistic and pragmatic in deploying its resources for developmental ends.

T H I S D AY Ëž ÍŻÍŻËœ Ͱ͎ͯ͡

25

BUSINESSWORLD

ENERGY

Okeke: There are Roadblocks to Investments in Power Sector The Managing Director, Azura-Edo IPP, Mr. Edu Okeke, in this interview speaks about the company’s operations in the past one year, the opportunities and challenges in Nigeria’s electricity market. Chineme Okafor provides the excerpts:

I

t is now about a year that the 461MW capacity Azura-Edo IPP began to supply power to the national grid, would you tell me how it has been for you since then? It has been a fantastic journey for us, not because of the way in which our plant has been dispatched by the TCN (Transmission Company of Nigeria). If you take a typical power plant in Europe, changes in dispatch are typically quite predictable and units are stopped or de-rated with a good deal of advance notice. By contrast, the vagaries of the Nigerian grid mean that our control room operators have to be on their toes every second of the day. In fact, they receive more dispatch instructions in one month than some of their European counterparts would receive in a whole year. This also reflects the fact that TCN knows that they can always rely upon us to deliver available capacity whenever they call upon us. We are the only gas-fired power plant in Nigeria that has never suffered a single gas supply constraint and the performance of our turbines has been rock-solid all year. As a consequence, our availability rate this past year has averaged over 98.5 per cent - a superb record for any power plant in its first year. Moreover, precisely because of this reliability, we have played a huge role in helping TCN to stabilise grid frequency. And, our peak daily capacity typically accounts for between eight per cent and 10 per cent of all the power put onto the grid. The process of developing the Azura IPP was quite tough and resourceful. Your promoters were really patient and waited out the bureaucratic schemes in Nigeria, do you see another Azura-like IPP coming through soon and does the country require more electricity generation capacity? It is to the credit of our promoters that the seemingly impossible happened. In our book, ‘The Making of Azura-Edo IPP’, we showed that the development of the project took about 250 person years of work. So, it wasn’t an easy task but a hard and grinding journey that exemplified the determination and resilience of thousands of men and women. When the project reached financial close and we began construction, we hoped that it would be a template for future projects in the country. Unfortunately, as a country, we seemed to have derailed from the original process of creating a commercially viable electricity market in which electricity prices support willing-buyer willing-seller transactions. For example, in hard currency terms, the regulated distribution tariffs are now, on average, lower than the wholesale generation tariffs. This is clearly a major roadblock to any future investment in the sector, because nobody wants to invest in a business where wholesale prices are higher than retail prices. But we are hopeful that, sooner or later, we will get back on track. On whether we need more generating capacities, the answer is yes as what we have today is not adequate for the population. We need a multiple of what we have today to be able to power our industries and homes. In the last one year, we’ve also seen some changes - good and bad, in Nigeria’s electricity market, which of the changes have impacted you the most? From our perspective, the biggest change in the market actually happened several years ago when the naira suffered a sharp devaluation at the same time as the government maintained the old price caps on electricity tariffs. As a result, the hard currency value of the Discos’ receipts fell precipitously and the sector as a whole became insolvent, pending future price

You’d agree with me that conversations on climate change and GHG emission are topical today, especially as they affect people and livelihoods. How much GHG do you emit from your plant and how safe are people living around your plant? When we’re running at full capacity, we burn up to 100 million cubic feet of natural gas every day. That’s equivalent to about 5,400 tonnes of CO2 emissions every single day. That sounds like a lot. And, in absolute terms, it is a lot. But you have to look at the matter from a net rather than a gross perspective. The GHG (greenhouse gas) intensity of natural gas is far less than the GHG content of heavy fuel oil, diesel, kerosene, and petrol. And because all our turbines run on natural gas, the electricity we produce helps to replace electricity generated by much dirtier fuels. This means that the net effect of our production is positive, in terms of shifting Nigeria away from its dependence on heavy, dirty fuels towards lighter, cleaner fuels. The use of natural gas also means that the air quality at our site is very good. In fact, whenever I’m in Benin I prefer to stay on site rather than in a hotel, not least because the air quality on site is far better than in the city centre.

Okeke

deregulation and, or market restructuring. This market stagnation did not directly affect our existing plant - the 461MW Azura-Edo IPP, but it did have a serious impact on our capital allocation decisions vis-à -vis new investments. For example, our original plan was to keep the construction crew on site after the completion of the Azura-Edo IPP and commence work on the second phase of the plant, which would have added another 270MW to the grid. But, at the beginning of last year, as we began commissioning the Azura-Edo IPP, we decided that it would be more prudent to hold back on new investments in Nigerian power capacity until we could see a clear regulatory and political pathway back to sector-wide commercial viability. Our parent company, therefore, accelerated its investments in base load power generation capacity outside of Nigeria. But our first love was, and remains, Nigeria and in the medium to long term we believe the growth in Nigeria’s electricity sector will outstrip that of any country in the world, with the possible exception of China. So, is the environment right for electricity business to thrive? The reality is that the current tariff for the sector is far too low to cover the costs of the whole value chain. This has necessitated the government stepping in through the CBN (Central Bank of Nigeria) to provide debt facilities to enable NBET (Nigerian Bulk Electricity Trading) to settle the invoices of the generating companies. But, this is not sustainable in the long run. Government should, as matter of urgency, work through the regulator, NERC, to bring the tariff to a level where the market is self-sustaining. That’s the only way we can have a functional market. I’ll like to know what sort of relationship you maintain with key stakeholders - the regulator (NERC), transmission company (TCN), and bulk purchaser (NBET)? Our relationships with these stakeholders are excellent. To start with, we are meeting all the regulatory expectations of us as set by NERC and our reports to the regulator have

helped to set new standards for transparency and comprehensiveness. As I mentioned earlier, we are a very reliable partner to TCN which relies on our constant availability to help them manage and stabilise the grid. NBET meanwhile has been a reliable off taker for us and both parties have worked diligently to meet their contractual obligations under the power purchase agreement. In your host community, what sort of CSR do you run? Our guiding principle with our host communities is that we are here to stay. Subsequently, we have developed a working relationship with them where we understand their needs and see how to help while they themselves appreciate our efforts and challenges and understand that there are limits to what we can and cannot do. By way of illustration, during the past year, we have constructed and tarred a two kilometres road for one of our host communities, Ihovbor. We have also completed a road for the Orior community and built a six-classroom extension for a school in the Idunmwina community. We are also currently constructing boreholes and transformer extension facilities for them. However, on CSR, we don’t just look at our local community but see the whole country as our constituency. This is because our power is wheeled to all parts of Nigeria. Hence, as part of our ‘Believe in Better’ CSR program working alongside some well-established NGOs, we have recently assisted a learning facility for IDPs in Maiduguri by providing them with solar power, (we) are providing support to Nigerians who require eye treatment or surgery, (we) are supporting a forest preservation project in Taraba and Adamawa states, and have donated an ambulance and hospital equipment to the Stella Obasanjo hospital in Benin City. We have some other exciting projects in the pipeline, for example plans to work with underprivileged kids using sports as a vehicle and projects involving women empowerment. We are passionate about these programs and see them as our fundamental responsibility to give back to the communities we work with and help the less fortunate amongst us.

There are some kind of controversial thoughts around the Eligibility Regulation of the NERC, and I wanted to get your views about this regulation, and does your contract allow you to participate in this scheme? Azura has its entire capacity already contracted out, so it does not have extra capacity for other customers as identified by the regulator. There’s also this very touchy issue about your power purchase agreement (PPA) and priority payments to Azura by the NBET, tell me what this is all about, and I learnt that some Gencos are miffed with your contract? I do not know where you got the information that there is priority payment to Azura. As I don’t know how the payment process works for other Gencos, I cannot comment on that. However, we know that some Gencos went to court alleging that while 100 per cent of Azura’s invoice is being settled by NBET, theirs are not. As the case is still in court, I will not be making comments on it except to state that Azura fully supports that all Gencos should have their invoices fully paid, on time, all the time. Adherence to contract and payment certainty are absolutely critical in any sector. Their presence drives growth and investment. Their absence guarantees stagnation and paralysis. A good number of industry experts I spoke to in the last couple of months have reservations about the power market. What are your thoughts on the direction of the market? My previous answers already encapsulate some of my thoughts on what needs to be done to shift the industry towards commercial viability. The only additional point that I would stress is that policy makers and regulators should take a long and open-eyed look at the factors which are causing capital investment to preferentially flow into the electricity markets of other African countries. What are they doing which we are not doing? What do their retail tariffs look like compared to ours? Are they offering greater regulatory and contractual certainty than we are? We might still be the ‘Giant of Africa’ in terms of population and natural resources. But unless we start making some honest regional comparisons, we may discover in a few years’ time that we have become the sleeping giant.

T H I S D AY Ëž ÍŻÍŻËœ Ͱ͎ͯ͡

26

NNPC’s Strive for Greater Transparency Peter Uzoho

T

he general consensus is that in broad terms, transparency leads to greater accountability and often reduces corruption. According to the World Bank, transparency is about publishing information, but it’s also about inviting people in, to use the information in creative ways. Indeed, transparency is a fundamental requirement for the reliability and integrity of public institutions and it helps in promoting public trust and public support. It also guarantees legal assurance and increases the level of legitimacy in decision-making process in public sector. Similarly, transparency in public administration has a great impact in the process of public administration reform and promotes efficiency, effectiveness and responsiveness. That is why the Nigerian National Petroleum Corporation (NNPC) has continued to receive commendation as it continues to take steps in promoting transparency. This clearly manifested in the corporation’s recent recruitment process. The computer-based test (CBT) was the first time such an exercise would take place at the corporation - through advertisement and invitation for written test before oral interview- all being conducted in-house without the use of consultants. In fact, history was made and it is something other government agencies must copy. The corporation also gave an indication that it would be looking into complaints of some of the over 60,000 applicants seeking for employment. Some of the candidates for the CBT in Abuja had expressed frustrations over ‘technical glitches and timing out’ before the allotted time. A handful of the applicants at the Abuja centers in Gawarimpa and Jabi areas, had said their computers logged them out about 30 minutes before the time allotted lapsed. But, the Group Managing Director of the NNPC, Dr. Maikanti Baru, in his desire to carry out a transparent recruitment exercise promised to look into the complaints of some of the candidates. Baru, had said he has directed a “fair assessment’ of all those with genuine complaints. “I will check and since they are many will direct a fair resolution: to grade them based on what they were able to attempt for the time they spent,� the GMD replied in a text message. “I have already directed COO, CS to consider the grading to the few affected & lodged the complaint to their invigilators/ supervisors,� he had said. Mallam Isa Muhammad Inuwa, who is the Chief Operating Officer, Corporate Services (COO, CS). However, thousands of applicants commended the NNPC for a transparent selection for the CBT. Clearly, Baru and his management are working round the clock to turn around the fortunes of the corporation. When he was appointed in 2016, he

Baru

inherited a corporation in decay and in dire need of a new direction. In line with the anti-corruption policy of the Buhari administration, he unveiled a 12-point agenda designed to cleanse and revive the corporation. The 12-point agenda represented a concerted effort to make a clean break with the past. Under his guidance, NNPC commenced and completed the repair of critical oil and gas infrastructure leading to the deferment of about 700,000 bpd. The corporation commenced and completed the repair of the vandalised 36� and 42� IT Export pipeline leading to the restoration of production operations from NNPC/MPN. He has remained focus in ensuring that transparency and accountability are entrenched at the NNPC. Baru recently said the NNPC is currently among the most transparent in the country considering the achievements recorded in recent time. He had stated that efforts were on to disabuse the mind-set of Nigerians that wrong things were happening at the NNPC. Represented by the Group General Manager, Crude Oil Marketing Division, NNPC, Mr. Mele Kyari, at a recent forum, the NNPC boss had argued that things had taken a turn for the better at the national oil firm, especially in the last three years. Baru stated, “We have never had it so good in this country in the last two years in terms of transparency of our transactions, validation of our activities, the unfettered and unobstructed participation of the Secretary to the Government of the Federation, who has never asked us to do anything different. “Today, we need to get people out of the mind-set that something wrong is happening in the NNPC. Nothing wrong

is happening. We have passed that stage. We are now probably one of the most transparent companies in this country.� He added, “We have seen a number of governments; worked with a number of them, but probably, we have not had the opportunity to put our cards on the table as we did in the last two years. That makes it easy for us to align with the EITI’s objectives and opportunities that are there to do even greater things for our country. In his own presentation at the event, Kyari stated that since May 2015, the oil firm had taken several measures to promote transparency, such as the elimination of dual pricing for domestic crude allocation and automation of its transactions. He said the NNPC had increased the auditing of its operations, including third party and the direct sale of crude oil to refineries, reputable traders, upstream companies and Nigerian entities. In line with its drive to ensure transparency, the corporation had unveiled its group financial statements from 2011 to 2016, which is something rare at the NNPC. The NNPC said the delivery of the audited financial statements was to help foster better relations with stakeholders and promote transparency and accountability in the corporation. It disclosed that its aim was to achieve a clean slate dated back to August 2015, stating that it inherited a total of 65 unaudited financial statements for the NNPC and its subsidiaries, covering from the previous government. A statement issued in Abuja by the NNPC’s spokesperson, Ndu Ughamadu, added: “There were, undoubtedly, challenges that led to the backlog, which may have been beyond the control of the previous

management. However, the important factor was not to look to the past. We saw an opportunity to challenge the problem and resolved to clear the arrears in the shortest possible time. “Management achieved the first step of concluding the audit of the 2011 to 2012 financial positions and presented same to the Board in 2016, and in recognition of that modest achievement, the NNPC Board further mandated the management to clear the remaining outstanding reports for the years 2013 to 2016, and the result today is the delivery and Board approval of the audited group financial statements as of December 31, 2016.� Baru had assured that NNPC was on track in respect of the corporation’s 12 key Business Focus Areas (BUFA), and the vision of President Muhammadu Buhari to improving the status of oil and gas infrastructure through ensuring products availability to support national economic recovery and growth. He lauded the contribution of the corporation’s Downstream outfit, NNPC retail, saying it played a significant role in ensuring continuous supply of petroleum products to Nigerians through its Mega, Affiliates and Leased stations. He said NNPC Retail had transformed from loss making to profitability. “We are currently planning for a better performance and achievement especially with the continuous innovations and creativity in the downstream sector and the performance bond signed by all the relevant heads of our operating units. Continuous improvement as one of the principles of World Class Organisations remains our key word and we believe, plan and strive to achieve a better performance,� Baru added.

Airbus Marks 50 Years at Paris Air Show Chinedu Eze Major aircraft manufacturer, Airbus will at the Paris Air Show 2019, present a broad portfolio of innovative products, technologies and services which meet the aerospace industry’s requirements for today and into the future. Airbus said it would use the opportunity he stage to celebrate Airbus’ 50 years of pioneering progress which created a string of world aerospace firsts to drive the

industry’s transformation. In the flying and static displays at the show, Airbus will demonstrate its modern and highly efficient range of commercial aircraft. The daily flying display will include Airbus’ longrange leaders including the A350-1000 flagship – the world’s most efficient large wide-body, and the A330neo which offers double-digit fuelburn improvements over its predecessor. Towards the end of the week and on the weekend, a Hi-Fly A380 will

also be in the flying display. The static display will feature an airBaltic A220-300 and an A330neo flight-test aircraft. In addition, on Tuesday 18 June the first A321neo single-aisle aircraft destined for La Compagnie will showcase its all-business class cabin with 76 full-flat seats on transatlantic flights. Also present in the static display will be the “Vahana� – Airbus’ single-passenger (or cargo), all-electric, fullyautonomous, vertical-takeoffand landing demonstrator.

At this year’s show, there is also a dedicated “Services Centre� mini-pavilion, where visitors meet experts to learn more about how Airbus’ global commercial aftermarket presence, powered by Skywise, can efficiently support airline and MRO operations. Airbus Helicopters will be highlighting its modular and versatile military platforms at Le Bourget. A full-scale mock-up of the new H160M can be found at the stand of the ministry for the French

armed forces, alongside a Tiger HAD and a mock-up of the front section of the NH90 for ‘special forces’. The best-selling H145M and an H125M mock-up will be on display both equipped with the Airbus-designed weapon management system which confers light attack capabilities. The VSR700 unmanned reconnaissance helicopter which has been designed to provide navies with extended surveillance capabilities will also be on show. On the civil side,

show-goers can visit the ‘super-medium class’ twinengine H175 destined for the oil and gas, private and business aviation, and search-and-rescue markets. Meanwhile, Airbus Defence and Space will demonstrate its broad product portfolio of military aircraft, space systems, secure communications and drones. A highlight is the FCAS Experience Centre where visitors can see what Europe’s Future Combat Air System could look like.

TUESDAY JUNE 11, 2019 • T H I S D AY

27

28

TUESDAY JUNE 11, 2019 • T H I S D AY

TUESDAY JUNE 11, 2019 • T H I S D AY

29

30

T H I S D AY Ëž Ëœ ÍŻÍŻËœ 2019

BUSINESS/MONEYGUIDE

Chike-Obi Provides Recipe for Double-digit Growth in Nigeria Nume Ekeghe The Vice Chairman, Alpha African Advisory and former Chief Executive Officer of the Asset Management Corporation of Nigeria (AMCON), Mr. Mustafa Chike-Obi, has stressed the need for the federal government to implement policies that would enable the country achieve double-digit growth rate. He called for an end to the removal of certain subsidies in the country as well as pay greater attention to security and infrastructure. According to him, the three subsidies are fuel, foreign exchange and electricity subsidies. Speaking at an agendasetting forum for the Buhari’s second term organised by members of the Finance Correspondents Association of Nigeria (FICAN) in Lagos yesterday, he said the various forms of subsidies were hindering growth. Speaking on theme, “Repositioning the Nigerian Economy for sustainable growth�, Chike-Obi explained: “that the biggest problem to our economy is the three subsidies that is added up to our total revenue.� On fuel subsidy, he said, “the economy is losing N1.2 trillion per year. Who gets the fuel subsidy? The rich people with six cars are those benefitting from fuel subsidy.

“The average rich person in Ikoyi is getting approximately 100 times a year fuel subsidy than person in Shomolu in Lagos.� He added that, “everybody deserves to have electricity but you charge electricity based on those who needed it the most in the market price. Most people that uses generator pay N160/Kwh and pays comfortable. “If you tell these power company that they can sale power at N160/kwh, they will make sure much money that more power will be generated.� He also expressed concern about Nigeria’s rising debt service ratio, which according to him could be about 70 per cent. “It is almost a guarantee that Nigeria is going to be talking about debt rescheduling soon and we need to start putting our house in order ahead of that,� he said. He said: “The government acts like everything is fine and as if they have done well. The truth is things are not fine. “The problem we have in Nigeria is that we keep problems until they become so big that we have to fix it. I have advocated that we should use inflation to change the minimum wage every year. We can be doing this if we have vision in small step because

most of the great things that are done are done with a plan and gradually. “We have serious problems in this economy. The problems are that of growth, unemployment and productivity. “I have been pushing for double digit growth in the past 8 years, and if we don’t have double digit growth as an economy, Nigeria may cease to exist as an economy by 2025.� He further added: “Nigeria is the only country in the world that has not reduced poverty rate but increased it. Even Pakistan that is running second to us has reduced its poverty rate. “So to catch up we need a drastic growth. So I am calling for double digit growth.� Chike-Obi stressed the need for coherent and forwardlooking policies to address the myriad of problems confronting Nigeria. “We are badly in need of good leadership; we need a leader that would map out the strategy and roadmap for economic growth in this country,� he said. “There is need for coherent monetary and fiscal policies. For me, the position of a CBN Governor should be a cabinet position and the CBN Governor should always be meeting with the Minister of Finance and the Minister of Budget and Planning every two weeks.� he added.

Lagos to Host W’Africa Gold Conference Nume Ekeghe The first ever West Africa gold conference hosted by Kian Smith Gold Refinery in collaboration with Noemdek, a Nigeria-based international advisory firm, will take place in Lagos State between June 25thand 26th. A statement explained that the event is aimed at strengthening West Africa’s gold value chain as well as enabling relevant policies and market infrastructure for the gold ecosystem. Themed the Gold West Africa Conference, the event would help promote a strong public and private sector lobby around gold, put the region top of mind in gold mining, refining all that pertains to gold as well as spur economic growth for countries (Ghana, Burkina Faso, Mali, Cote D’Ivoire

etc) with gold. According to the Managing Director of Kain Smith Trade & Co Ltd, Mrs. Nere Teriba, the Nigerian narrative on gold was advancing from gold exploration and mining to gold market and economy. She added: “The Gold West Africa Conference is focused on developing the gold value chain in the region towards establishing West Africa as a gold market centre. “The development of the gold value chain in Nigeria has strong dependencies on gold, trade and monetary policies across ECOWAS and the geographical region of Africa. “Economic & Sustainable solutions towards artisanal gold mining, trading, refining and creating gold products and markets can only

be achieved when public and private stakeholders in the gold sector of West Africa jointly create the eco-system for the gold economy to thrive above ground.� The co-host, of the conference, Mr. Kolade Apata said: “For the folks who are fortunate enough to attend the conference, they will quickly realise the investment opportunities available with the launch of the gold refinery. “For example, Nigeria could easily become the jewellery and gold trading hub in West Africa. The structure could serve as a template for other minerals (e.g. cobalt, copper etc.). “While this conference will serve as a good start for the right conversations, we are sincerely hoping it leads to implementation of the ideas generated.�

Group Launches New Products The Olive Oil hair brand campaign activation was recently extended to Ogun State. The product was received by members of the Ogun State Chapter of the National Association of Hairdressers & Cosmetologists (NASHCO). Speaking on the project, the Marketing Manager for ORS West Africa, the manufacturer of the product, Adejoke Akindolie, was quoted in a statement to have said beside the project being the brand’s corporate social responsibility, the campaign themed “Get noticed, Get confident’ was based on the importance,

women attach to their hair and overall appearance. “Our aim is to educate women to celebrate individual beauty, through their hair. When a woman owns her individual beauty, she becomes confident and this is reflected in her daily achievement. This is also our corporate social responsibility to the society by training these hairstylists across the nation, “Akindolie said. She said, presently, the brand was undergoing a tour across the country to ensure that hairstylists are trained on product knowledge. “We are doing a tour

across the country to pass on product knowledge to hairstylists across the nation, so that they have a better understanding of the ORS brand, how to use the product to get effective result in their respective salons,� she added. On the importance of Ogun state to the brand, the marketing manager, ORS West Africa said that “In fact, every state in Nigeria is important to us. But Ogun State is pivotal to the success of the ORS brand because due to the proximity to Lagos, whatever education or styling events that we organize, filters down, to Ogun state before we go to other states in the nation.

L-R: Deputy Marketing Manager, Techno Nigeria, Mr. Attai Oguhe; Retail Manager, Javee Li; Winners of ‘Techno Light up your Dream’ Raffle draw, Madukolam Daniel, Fatolu Oluwatobi, Alex Mbamalu, Ugbesia Efe; and Brand Manager, Techno Nigeria, Luke Pan, at the presentation of cheques to the winners in Lagos... recently

MARKET INDICATORS MONEY AND CREDIT STATISTICS

(MILLION NAIRA)

NOVEMBER 2018 Money Supply (M3)

31,794,803.44

-- CBN Bills Held by Money Holding Sectors

6,333,064.28

Money Supply (M2)

25,461,739.17

-- Quasi Money

14,773,076.98

-- Narrow Money (M1)

10,688,662.18

---- Currency Outside Banks

1,711,763.59

---- Demand Deposits

8,976,898.59

Net Foreign Assets (NFA)

18,990,400.78

Net Domestic Assets(NDA)

12,804,402.66

-- Net Domestic Credit (NDC)

26,062,986.22

---- Credit to Government (Net)

2,980,229.66

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

7,093,619.43

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

-4,144,571.43

---- Credit to Private Sector (CPS)

23,082,756.56

--Other Assets Net

13,258,583.57

Reserve Money (Base Money

6,811,192.37

--Currency in Circulation

2,100,129.91

--Banks Reserves

4,366,259.05

Ëž Ă™Ă&#x;ĂœĂ?Ă? Ě‹

Money Market Indicators (in Percentage) Month

March 2018

Inter-Bank Call Rate

15.16

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

14.00

Treasury Bill Rate

11.84

Savings Deposit Rate

4.07

1 Month Deposit Rate

8.82

3 Months Deposit Rate

9.72

6 Months Deposit Rate

10.93

12 Months Deposit Rate

10.21

Prime Lending rate

17.35

Maximum Lending Rate

31.55

Ëž Ă™Ă˜Ă?ĂžĂ‹ĂœĂŁ ÙÖÓĂ?ĂŁ Ă‹ĂžĂ? Ě‹ ͯ͹Ϲ

OPEC DAILY BASKET PRICE ˜ʹ Ͱ͎ͯ͡

The price of OPEC basket of fourteen crudes stood at $60.88 a barrel on Thursday, compared with $61.04 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 ÍŻÍŻËœ Ͱ͎ͯ͡

MARKET NEWS

Lafarge Africa Announces Further Delay in Filing 2018 Results Goddy Egene Shareholders of Lafarge Africa Plc are to wait for a longer time to see the financial performance of the cement firm for the 2018 financial as the company yesterday announced a further delay in the filing of the audited results. While most of its peers have released their 2018 results, recommended dividends and even announced their 2019 first

quarter results, Lafarge Africa Plc has been delaying the filing of its result. And yesterday, in another notification to the Nigerian Stock Exchange (NSE), the company said it would further delay the release of the results. “This is to notify our esteemed shareholders and other stakeholders of a further delay by Lafarge Africa Plc to release/publish its annual audited financial statements(AFS) for the year

P R I C E S MAIN BOARD

F O R DEALS

ended 31st December 2018 as required by extant Rules of the NSE. The delay is necessitated by pending actions required for the resolution of key matters relating to the closure of the company’s annual AFS for the year ended 31st December 2018. Consequently, the approval of the NSE has been sought for the delay/late filing of the AFS,� the company said. Lafarge Africa had recorded a loss after tax of N34.601 billion

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

QUANTITY TRADED

VALUE TRADED ( N )

in 2017 compared with a profit after tax of N16.898 billion in 2016. The company early this year successfully raised the sum of N89.212 billion from existing shareholders through a Right Issue of N7.434 billion ordinary shares of 50 kobo each at N12.00 per share. The N89.2 billion rights issue was the company’s second issue within two years having raised N132 billion the previous year. Shareholders of the company

T R A D E D MAIN BOARD

A S

had last September approved the raising of fresh capital in line with the firm’s refinancing plan. The Chief Financial Officer (CFO) of Lafarge Africa Plc, Mr. Bruno Bayet, had said the a refinancing plan was aimed at preparing it for future development in Nigeria, improving the company’s leverage as well as strengthen its profitability. The Chairman of Lafarge Africa, Mr. Mobolaji Balogun had said the additional capital

O F

would further help to deleverage the company’s balance sheet and provide head room for the expansion of our business. Balogun said the board of directors was mindful of the support of all our shareholders through the difficult but necessary journey to transform the company into a more agile and correctly financed business ready to benefit from the potential opportunities in Nigerian building materials (market).

3 0 / 0 5 / 2 0 1 9 DEALS

MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N)

32

TUESDAY, JUNE 11, 2019 ˾ T H I S D AY

MARKET NEWS

Dangote Cement Shops for N50bn to Support Short term Funding Goddy Egene Dangote Cement Plc is seeking to raise up to N50 billion in the eighth, ninth and 10th series of its N150 billion Commercial Paper (CP) Programme to support its short term funding requirements. According to the offer notification, the eight series security, which is for 90 days, will attract a yield of

10.244 per cent, while the series 9 security and has 180 days tenure will attract a yield of 12.525 per cent. The series 10 CP is for 270 days and has a yield of 12.686 per cent. The offers has minimum of N5 million and multiples of N1,000 thereafter. Also, all the offers, which opened last Friday, are expected to close on Thursday. Given, results of past CP offering

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

by the company and its recent financial performance, analysts said investors would find the current offer attractive. Dangote Cement Plc recently released its 2018 Sustainability Report, outlining its sustainability initiatives, activities and achievements during the 2018 financial year. The report in line with its newly

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 07June-2019, unless otherwise stated.

introduced Nigerian Stock Exchange (NSE) Sustainability Disclosures Guidelines. Commenting on the report, Group Managing Director, Dangote Cement Plc, Joseph Makoju said: “We have identified and are leveraging sustainability to drive regulatory compliance, proactive risk management and building trust and goodwill in the countries,

markets and communities where we operate.” He said with major operations in three locations in Nigeria and across 14 African countries, Dangote Cement is enhancing its positive impact on the economy, environment and society through an integrated approach that mainstreams sustainability across the entire business. This process

includes publishing its maiden Global Reporting Initiative (GRI)Standards compliant sustainability report. He added that DCP is also committed to aligning its operations with the group-wide sustainability vision, driven by its 7-Sustainability Pillars, through extensive engagements with internal and external stakeholders.

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: +234 818 885 6757 Fund Name Bid Price Offer Price Yield / T-Rtn Afrinvest Equity Fund 145.83 147.82 -7.30% Afrinvest Plutus Fund 100.00 100.00 8.11% Nigeria International Debt Fund 276.42 276.34 1.16% 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 0.88 0.88 4.18% ACAP Income Funds 0.76 0.76 33.95% 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 13.14% AIICO Balanced Fund 2.30 2.33 3.67% 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 15.34 15.80 -7.57% ARM Discovery Fund 342.29 352.61 -4.02% ARM Ethical Fund 28.82 29.68 2.04% ARM Money Market Fund 1.00 1.00 13.18% 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 96.53 97.21 -4.60% AXA Mansard Money Market Fund 1.00 1.00 11.76% 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 1.82 1.82 12.78% 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 13.62% Paramount Equity Fund 12.00 12.10 1.60% Women's Investment Fund 105.47 106.21 1.89% 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 12.39% Cordros Milestone Fund 2023 98.91 99.37 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 12.48% Coronation Balanced Fund 0.82 0.83 Coronation Fixed Income Fund 1.20 1.20 6.83% 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 1,192.12 1,192.97 6.77% FBN Heritage Fund 144.15 145.11 0.96% FBN Money Market Fund 100.00 100.00 12.93% FBN Nigeria Eurobond (USD) Fund - Institutional 115.90 116.37 4.94% FBN Nigeria Eurobond (USD) Fund - Retail 115.86 116.33 5.17% FBN Nigeria Smart Beta Equity Fund 0.00 0.00 -100.00% 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 3.42 3.42 5.30% Legacy Equity Fund 1.12 1.14 -7.81% Legacy USD Bond Fund 1.05 1.05 2.07% FSDH ASSET MANAGEMENT LTD coralfunds@fsdhgroup.com Web: www.fsdhaml.com; Tel: 01-270 4884-5; 01-280 9740-1 Fund Name Bid Price Offer Price Yield / T-Rtn Coral Growth Fund 3,026.14 3,055.02 1.37% Coral Income Fund 2,909.64 2,909.64 6.20% 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 11.71% Nigeria Entertainment Fund 108.17 108.64 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 N/A N/A N/A

INVESTMENT ONE FUNDS MANAGEMENT LTD enquiries@investment-one.com Web: www.investment-one.com; Tel: +234 812 992 1045,+234 1 448 8888 Fund Name Bid Price Offer Price Yield / T-Rtn Abacus Money Market Fund 100.00 100.00 12.42% Vantage Balanced Fund 2.15 2.17 0.03% Vantage Guaranteed Income Fund 1.00 1.00 15.90% Kedari Investment Fund (KIF) 131.06 131.15 4.86% 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 1.20 1.22 4.85% Lotus Halal Fixed Income Fund 1,106.26 1,106.26 5.94% 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 10.70 10.79 -7.01% Meristem Money Market Fund 10.00 10.00 12.20% PAC ASSET MANAGEMENT LTD info@pacassetmanagement.com Web: www.pacassetmanagement.com/mutualfunds; Tel: +234 1 271 8632 Fund Name Bid Price Offer Price Yield / T-Rtn PACAM Balanced Fund 1.27 1.29 3.46% PACAM Fixed Income Fund 11.50 11.57 3.38% PACAM Money Market Fund 10.00 10.00 12.51% 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 2,341.43 2,354.94 1.18% Stanbic IBTC Bond Fund 201.81 201.81 6.14% Stanbic IBTC Ethical Fund 0.90 0.92 -4.21% Stanbic IBTC Guaranteed Investment Fund 256.19 256.30 5.69% Stanbic IBTC Iman Fund 154.96 156.80 -4.98% Stanbic IBTC Money Market Fund 100.00 100.00 12.77% Stanbic IBTC Nigerian Equity Fund 7,929.05 8,029.84 -6.56% Stanbic IBTC Dollar Fund (USD) 1.11 1.11 2.66% UNITED CAPITAL ASSET MANAGEMENT LTD unitedcapitalplcgroup.com Web: www.unitedcapitalplcgroup.com; Tel: +234 803 306 2887 Fund Name Bid Price Offer Price Yield / T-Rtn United Capital Balanced Fund 1.20 1.21 0.80% United Capital Bond Fund 1.70 1.70 6.93% United Capital Equity Fund 0.69 0.70 -2.95% United Capital Money Market Fund 1.00 1.00 13.20% United Capital Eurobond Fund 111.08 111.08 3.56% United Capital Wealth for Women Fund 1.13 1.14 3.66% 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 10.59 10.77 0.79% Zenith Ethical Fund Zenith Income Fund Zenith Money Market Fund

11.40 22.02 1.00

11.55 22.02 1.00

-4.24% 13.63% 11.62%

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

9.77 97.91 80.90

9.87 99.98 82.39

-7.40% -16.54% -8.77%

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

3.55 6.19 13.18 10.91 155.71

3.59 6.27 13.28 11.11 157.71

-11.21% -18.63% -10.03% -11.68% 17.42%

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 JUNE11, 2019 ˾ T H I S D AY

33

NEWSEXTRA

Apapa Gridlock: NPA Approves 10% Discount Habour Dues for Vessels at Eastern Ports Eromosele Abiodun As part of efforts to increase patronage at the Eastern Ports, and decongest Apapa port, the Nigerian Ports Authority (NPA) has approved a 10 per cent discount on harbour dues in all concession terminals at the

Eastern Ports. The NPA in a statement yesterday stated that the ports that will be affected by this initiative are the ports in Calabar, Rivers and Delta states. The NPA in the statement added, “the authority however wishes to clarify that this discount

Jonathan Makes Case for Strong FamilyValues Former President Goodluck Jonathan has made a case for strong family values as a means of building peace and fostering development in communities and countries. The former president stated this on day two of the African Leadership Conference, taking place in Johannesburg, South Africa. Speaking on peace and family, which was the theme for the day’s programme at a ceremony in Soweto, Jonathan said; “The focus of the day’s programme is quite remarkable and germane to what our world needs today. “If we must build our world, a suitable world that we all desire, we should first start with building our families. To build a world that will be peaceful and prosperous, we must pay attention to how we are building the family unit. It

begins from building the home through very respectable family values. He said further: “I agree with what Mr. Gwede Mantashe, the Chairman of African National Congress (ANC) and minister of mines and energy who is representing South African President, Cyril Ramaphosa said, to the effect that the World cannot be great except Africa is great. This is because the world cannot afford to leave any of its parts behind, especially an important continent like Africa”. Earlier, the former president who emerged as the chairperson of the International Summit Council for Peace (ISCP), a body made up of mainly African former leaders, which was inaugurated at the conference, also made a case for the strengthening of democratic institutions in Africa.

will only apply to harbour dues payable by the following types of vessels/cargoes: Container vessels with at least 250 TEUs, (Twenty-foot Equivalent Units (TEUs) general Cargo vessels with at least 16,000 MT, combo vessels with at least 16,000 metric tonnes and RORO vessels with at least 250 units of vehicles” It added, “Theses discounts shall not apply to: vessels coming INBALLAST, vessels calling at private jetties and vessels calling carrying liquid bulk. The application of these discounts will

Yinka Adesola (a practical organic farming entrepreneur); Abayomi Egbemode (CEO, Dipo Integrated Farms); Oluwafemi Aliu, Babatunde Oladimeji, and Sam Ogbone (a biotechnologist and expert in modern soil-less farming), among others. The youth group has the mission “to connect, equip, empower the next generationofagriculturalchangemakers to take collaborative and innovative action towards feeding the nation and the world”. Speaking on the objective of the group, Tolulope who revealed that its vision “is that of a world where young dynamicyouthscantakecentre-stagein creatingaworldwithouthunger,”added that, “over the years, there have been a lot of challenges in the agric space. A lot of people who come into it see it as unattractive. “Now,wehaveagenerationofyoung farmers who are passionate about this sector, but a lot of things do not work, and we need to make it work bycomingtogetherandhavingastrong voice that can harness opportunities within our space, and also push a

Esther Oluku The Governor of Oyo State, Mr. Seyi Makinde yesterday in Ibadan, the state capital, inaugurated the ninth Oyo State House of Assembly, declaring his readiness to guarantee legislative autonomy. A statement by the Chief Press Secretary to the Governor, Mr. Taiwo Adisa, indicated that the governor had earlier issued a proclamation for the inauguration of the state assembly pursuant to Section 105 (3) of the Constitution

movement that can make things work and affect us. We don’t want to be a generation of farmers that will be poor because we are not poor; we cannotbepoor.Wearesophisticatedand changing the face of agric tech through improved agri-business practices”. Noting that the organisation is a non-political and non-governmental one, Tolulope also said that in striving to improve their well-being, “we chose the theme of the event: “Collaboration for progress inAgriculture,” and so; we need to come together because if we do it separately, we will not come to a concessionandmaketheneededimpact for opportunities that affect our sector. “So, ours is an advocacy group focussed on creating a movement, a voiceforyoungpeopleinthisspace.We havesustainableagro-businessventures. It is when youths in agric business are creating job opportunities, food security, that we can say the nation is moving forward and Nigeria has the largest population of young people in which agriculture can accommodate over 70 per cent of them in employment opportunities.”

Nigerian Breweries Receives Monde Gold Quality Awards SundayOkobiandHamidAyodeji Three leading brands from the Nigerian Breweries portfolio -Gulder, Goldberg and Star Lager-have received Gold prizes awards by the global independent institute, Monde Selection Awards. The ‘Prestigious International Monde Gold Quality’ awards took place during its 58th annual awards ceremony of Monde Selection which took place recently in Rome, Italy. A statement made available to

THISDAY yesterday stated that in this year award, more than 1,000 companies from 90 countries presented not less than 3000 products to the Monde Selection juries for evaluation individually. According to the statement, while speaking at the event, the Chief Executive Officer of Nigerian Breweries Plc, Jordi Borrut Bel, said: “We couldn’t have won this award without the hard work and dedication of the Nigerian Breweries team. Goldberg, Gulder, and Star are

had been completed. Aware of the perennial gridlock in Apapa as a result of the activity at the Lagos port, the NPA had recently announced that it was working with professionals in the maritime sector to make the eastern ports attractive for business. Last year, the NPA deployed equipment worth over $30 million in Onne Port, Rivers State. The measure, which was taken by the Managing Director of the NPA, Hadiza Bala-Usman, was to boost efficiency, security and make

the port attractive for business. Onne Port Complex is one of the key ports under the NPA. It is situated on the Bonny River Estuary along Ogu Creek. It was also gathered that six pilot cutters, tug boats and 17-meter offshore patrol boats, have been deployed in the port to make the port attractive and stem the cycle of criminalities within and around the port. Sources at Onne Port confirmed to THISDAY that it cost the NPA more than $30 million to deploy the sophisticated equipment.2

Makinde Promises Legislative Autonomy

Youth Group Pledges to Eliminate Poverty, Revolutionise Agric in Nigeria A visionary group of young professionals, operating under the banner of “YouthAdvocates Nigeria,” has launched an aggressive move towards revolutionising agriculture by removing the stigma of poverty associated with it in Nigeria. Led by Aina Tolulope, an Agricultural Economics graduate from the University of Ibadan, the enterprising youths comprising fish, maize, lettuce, and cassava farmers, converged on the Recreation Centre, Adamasingba, Ibadan, Oyo State capital, on Saturday, for a seminar on how to collaborate, synergise and harness the various available resources in the agricultural sector, locally, nationally and internationally, towards making them self-reliant; taking the teeming youth away from the dense market of unemployment, social malaise and poverty. Among the various entrepreneurs invited to the seminar who gave motivational talks were its President, Tolulope (MD/CEO, Tolulope Foods and Farms); Olayinka Ayowole (an Agronomist and CEO, Viyola Foods);

take immediately effect.” The NPA had last year commenced the dredging of Warri port at the cost of $44.861million (N16.150 billion). THISDAY checks revealed that the dredging has been completed and vessels have started calling at the port. Confirming the above, a Warribased Customs broker and former National Financial Secretary of the Association of Nigeria Licensed Customs Agents (ANLCA), Val Orhobabhor, told THISDAY recently that the dredging project

some of our most prestigious brands, and we are proud of their startling success in the Nigerian market.” Bel added that “over the years, these brands have not only continued to lead the line in the beer industry but have been able to cultivate a cult following, with millions of consumers across the country. The growth and evolution of these brands have been a joy to behold and we appreciate our loyal consumers for sticking with us through this historic journey.”

of the Federal Republic of Nigeria, 1999 (as amended). According to the statement, the governor also promised that his administration would facilitate a new kind of synergy with the legislature. Makinde stated that the state will not move forward if the executive, the legislature and the judiciary fail to work together. “We exist; the executive, legislature and judiciary, to move Oyo State forward in the right direction. I will do everything in my power to see that

there is a good working relationship between the arms of government, even as we expect the legislature to carry out its oversight functions diligently. We will respect the autonomy of the legislative arm of government and sustain the doctrine of separation of powers as enshrined in the Constitution of the Federal Republic of Nigeria, 1999 (as amended). “Oyo State cannot move forward if we do not work together. This is why I am using this opportunity to implore you to work with

us, putting the interests of the good people of Oyo State who elected us, first.” Makinde said that his resolve to jerk up annual budgetary allocation to Education sector in the state to 10 percent is irreversible adding that the measure is a worthy cause. He also restated his resolve to set up an anti-corruption commission for the state, while also instituting an investment promotion commission to expand the state’s economy. He said that the two bills would soon land on the table of the lawmakers.

34

TUESDAY JUNE 11, 2019 • T H I S D AY

TUESDAY JUNE 11, 2019 • T H I S D AY

35

36

TUESDAY JUNE 11, 2019 • T H I S D AY

TUESDAY JUNE 11, 2019 • T H I S D AY

37

38

T H I S D AY ˾ TUESDAY, JUNE 11, 2019

TUESDAYSPORTS

ÜÙßÚ ÚÙÜÞÝ ÎÓÞÙÜ˝ Duro Ikhazuagbe ×ËÓÖ˝ duro.ikhazuagbe@thisdaylive.com 08111813083

AFCON 2019 COUNTDOWN

Eagles Settle Down for Business with First Training Session in Ismailia Femi Solaja 13 years after Super Eagles trained at the famous Ismailia Stadium before moving to Port Said for the group stage of the 2006 Africa Cup of Nations tournament, the three-time African champions returned to base yesterday morning and conducted their first session in the Egyptian city In 2006, Nigeria was grouped alongside Black Stars of Ghana, Warriors of Zimbabwe and Teranga Lions of Senegal whom Eagles will play in their last friendly this weekend before the kick off of AFCON 2019. Interestingly, Nigeria topped the group ahead of Senegal whom they later eliminated in the third placed match in Cairo. Early hours of yesterday, the John Mikel Obi-led squad was received at the Cairo airport by Nigeria’s Foreign Mission in Egypt led by Emmanuel Oguntoyi (Minister at the Embassy of Nigeria, Cairo) and Muhammed Tukur Garba (Administrative Attaché) who represented the

Nigerian Ambassador to the Arab Republic of Egypt. Later in the evening, Eagles had their first training session at the pitch located within the premises of their Hotel Mercure. According to Eagles programme during the one-week stay before moving to Alexandria, a number of technical and tactical sessions are scheduled for the team before going up against Senegal’s Teranga Lions on Sunday evening. At a friendly game at The Hive in London in March 2017 (the most recent of the 21 encounters between the two nations), both teams settled for a 1-1 draw, with Moussa Sow putting the Lions ahead nine minutes into the second half before Kelechi Iheanacho tied the game from the penalty spot with only nine minutes to go. Incidentally, the Leicester City man was one of the two players dropped from Nigeria’s final AFCON 2019 squad. Super Eagles are up against Burundi’s Itamba Ru Mugamba, Guinea’s Syli Nationale and Madagascar’s

Super Eagles delegation on arrival in Ismailia, Egypt in the early hours of Monday

Barea in Group B of the 32nd Africa Cup of Nations, with Alexandria as venue for the

first game. Nigeria’s only match at the city that is surrounded by

WOMEN’S WORLD CUP

Falcons Shift Focus to Make or Mar Clash with Korea The Super Falcons have fully settled into their Mercure Grenoble Centre President Hotel in the city of Grenoble, ahead of Wednesday’s make-or-break FIFA Women’s World Cup clash with Korea Republic. Players and officials flew into Grenoble at 1pm on Sunday and arrived the hotel an hour later, in time for lunch. Defeat by Norway in Reims on Saturday was quickly forgotten as soon as the delegation left the city, and all eyes and mind are

now on the clash with Korea Republic at the Stade del Alpes on Wednesday evening that must not go wrong. Korea’s margin of defeat by France, who thumped them 4-0 at the Parc des Princes in Paris in the championship opening match, means Nigeria is third in the pool, and being a 24-team tournament, the African champions will be in good stead to reach the Round of 16 if they brush the Koreans aside on Wednesday and hold France to a stalemate in Rennes

on 17th June. They can then hope to be among the four best third-placed teams to advance from the group stage. On Monday, the team trained at the Stade Eugène Thenard on the Avenue du General de Charles Gaulle. Wednesday’s clash with the Koreans will hold at the Stade des Alpes as from 3pm (same time as in Nigeria), and the two teams have the opportunity of playing their game and knowing where

they stand before France take on Norway in Nice hours later. President of the Nigeria Football Federation, Mr. Amaju Melvin Pinnick, who watched the defeat by Norway in Reims on Saturday alongside 2ndVice President Shehu Dikko, General Secretary Mohammed Sanusi and Executive Committee member Aisha Falode, charged the Falcons to overcome the loss to the Scandinavians and plot a surefire strategy that will extract the three points from the Asians on Wednesday.

400 Athletes to Storm Ozoro for Awoture Eleyae Championship Organisers of the Dr. Awoture Eleyae Under-15 Open Athletics Championship are looking forward to an elaborate event this year, with over 400 young athletes from 25 local government areas of Delta State expected to storm Ozoro in the Isoko North Local Government Area of Delta State next week. Arrival date for the 7th edition of the championship is June 18, while competition will hold between June 19 and 20. The Dr. Awoture Eleyae Athlet-

ics Championship has produced notable athletes for the Nigeria since its inception, including 2014 Commonwealth Games gold medalist in the long jump, Ese Brume (2013), sprinter Divine Oduduru (2014) and quarter-miler, Praise Idamadudu (2015). Oduduru made history recently by winning his first NCAA sprint double, clocking 9.86 seconds in the 100m to become second African runner to achieve this feat. His 9.86 second is the second-

fastest time in NCAA history. Other athletes who are products of the Dr. Awoture Eleyae Athletics Championships includes Usheoritse Itsekiri, who just secured qualification for Doha 2019 World Championship, blazing to a Personal Best of 10.07 seconds to win the men’s 100m at the 55th International Whitsum Festival in Rehilingen, Germany as well as Raymond Ekevwo, who broke his Personal Best record in the 100m with a big Lifetime Best of 10.02s to

finish 2nd in the men’s 100m final at the 2019 South Eastern Conference (SEC) Championships in USA on May 11. Ekevwo is among the three Nigerian male sprinters alongside Oduduru and Itsekiri to qualify for the World Championship in Doha. Immediate past President of the Athletics Federation of Nigeria (AFN), Chief Solomon Ogba said yesterday that this year’s edition of the competition would be more colourful.

All AFCON 2019 Matches to Air Live on DStv, GOtv The 52 matches of the 2019 Africa Cup of Nations, which holds in Egypt between 21 June and 19 July, will be broadcast live on DStv and GOtv via the SuperSport channels. This festival of African football will be live and in HD on DStv and the full offering of games will be available on GOtv. The SuperSport broadcast will feature expert opinion and insight from top commentators

and veterans of the continental game. The AFCON tournament will be available on the DStv Family package upwards, with selected games on DStv Access. On GOtv, the matches will be available on GOtv Max and GOtv Plus packages. DStv viewers can catch the all the games SS7 with selected matches on SS10 and SS8, while GOtv viewers can

watch the action Select 4 with selected games scheduled on Select 2 and Select 5. “We are thrilled to continue to cater to our customers’ football appetites with one of the most anticipated football tournaments of the year, and what makes it even more exciting this timearound is that most of the countries we operate in are represented in AFCON 2019”,

says MultiChoice Nigeria’s Chief Customer Officer, Martin Mabutho. The 2019 AFCON will be the 32nd edition of the continental tournament and takes places across six venues: Cairo International Stadium; 30 June Stadium, Cairo; Al Salaam Stadium, Cairo; Alexandria Stadium; Suez Stadium; and Ismailia Stadium.

water was the 0-1 semi final loss to Côte d’Ivoire in the 2006 edition. Didier

Drogba scored the lone goal in the early minutes of the restart.

Roger Milla Tips Cameroon to Retain AFCON in Egypt African football legend Roger Milla believes Cameroon’s players “have what it takes” to retain their Africa Cup of Nations crown in Egypt. Milla starred for Cameroon in 1984 when the Indomitable Lions sealed their maiden continental title before guiding the central Africans to their second triumph in 1988, as he won the tournament’s best player prize. The 67-year-old is upbeat about Cameroon’s chances in Egypt but insists Cameroon’s Head Coach Clarence Seedorf must be meticulous in his selections. “Cameroon are the defending African champions. They have what it takes to retain the trophy. The team needs to work hard and get good results”, Milla told BBC Sport ahead of the African showpiece event which kicks off on 21 June. “Seedorf has great experience

as a former player. At his prime, he was amongst the best in the world. He has played many top competitions and he knows what it takes to win big tournaments. “He must make the right choices. He has to set up a team that will suit the attributes of his players. Cameroon must defend properly but also have a good attack line that can make the difference when things get tough.” The Indomitable Lions are currently training at the prestigious facilities of Spanish heavyweights Real Madrid in Valdebebas and played two friendlies against Zambia on 9 June and another against Spanish side AD Alcorcon today. The squad will then jet off to Doha, Qatar for a second training camp from 11-16 June with a game against Mali on 14 June.

NPFL Playoff: Enyimba Climbs to the Summit Pillars had shot the Sai Masu Enyimba FC climbed to the top of the log of the ongoing Nigeria Professional Football Super Six Playoff Championship on nine points with a 3-1 defeat of FC IfeanyiUba yesterday at the Agege Stadium. Kano Pillars who played one-all draw with Rangers on Match day four of the Super Six dropped to the second spot on eight points. Rangers International FC Captain, Godwin Aguda rescued the point for the Flying Antelopes against Kano Pillars, The face-saving goal came in the 90th minute after Kano

Gida ahead 32 minutes earlier. Points were shared in the second game of the day between Akwa United and defending champions Lobi Stars in a goalless draw. Akwa United are third on six points, one ahead of Rangers. IfeanyiUbah lost all their four match days. Winner of the playoff will emerge on the final match-day tomorrow. MATCH DAY 4 Rangers 1-1 Kano Pillars Akwa Utd 0-0 Lobi Stars Enyimba 3-1 IfeanyiUbah

TUESDAY JUNE 11, 2019 • T H I S D AY

39

Tuesday June 11, 2019

TR

UT H

& RE A S O

N

Price: N250

MISSILE YCE to Service Chiefs “My opinion is that they have run out of ideas and they should be sacked. They are fatigued already and have nothing more to offer. The best for President Muhammadu Buhari is to bring in fresh hands to manage our security architecture to prevent these killings and other crimes.” – The Secretary of the Yoruba Council of Elders (YCE), Dr. Kunle Olajide, calling for the overhaul of the Nigerian security architecture.

TUESDAY WITH REUBENABATI abati1990@gmail.com

On June 12 We Stand

I

t is ironic that it had to take a member of the military establishment now turned democrat, that is General, now President Muhammadu Buhari for June 12 to be accorded its pride of place in the socio-political calendar of the Federal Government of Nigeria. Before now, the recognition/celebration of June 12 as a watershed in Nigerian history had been observed majorly by the states of the South West of Nigeria, thus making its symbolism and significance a restricted and ethnic referent. But that has changed, thanks to President Buhari. His decision to declare June 12 a national holiday, his award of a post-humous honour of Grand Commander of the Federal Republic (GCFR) to Chief Moshood Kashimawo Olawale (MKO) Abiola and the subsequent amendment of the Public Holidays Act to accommodate June 12 as a Federal holiday is a welcome development. President Olusegun Obasanjo (1999-2007) had pointedly ignored all entreaties for his administration to take the same step. President Umaru Musa Yar’Adua (2007 – 2010) did not address the June 12 issue. President Goodluck Jonathan (2010 -2015) had taken steps to immortalize MKO Abiola when he decided to name the University of Lagos after the late icon of democracy, but the staff, students and the alumni of the University rejected this, as they insisted that the name University of Lagos must not be changed. The Jonathan administration would later recognize Chief MKO Abiola as one of the major Nigerians of the 20thcentury. That administration also considered giving Chief MKO Abiola a post-humous national award, but the then President was advised against doing so on the grounds that national honours in Nigeria are never given post-humously. Obviously, the controversy over the re-naming of the University of Lagos was so overwhelming, President Jonathan chose to listen to the Justice Alfa Belgore-led committee on national honours. Whereas all other Presidents before him failed to make a statement with June 12, President Muhammadu Buhari has now chosen to do so. Tomorrow, all Nigerians will observe June 12 as a national holiday. It will be the first time that this will happen. This should lay to rest all the conspiracies and the revisionism involved in the attempt to reduce June 12 to a narrow, ethnic event, which it is not. The recognition of June 12 as a special national event would be one of those developments for which President Buhari will be positively remembered. It is again ironic that 26 years after, it took another member of the military elite to correct the problem caused by the military. It has taken President Buhari to correct the error committed by General Ibrahim Babangida and his group on June 23, 1993 when they chose to annul the Presidential election held in Nigeria on June 12, 1993. That unwise decision became General Babangida’s Achillee’s heel, and the ugly thing around his neck. General Babangida or IBB as he is fondly known, could have ended up as one of Nigeria’s greats, given the performance of his government, but what is now remembered as his legacy, despite the best efforts of his biographers and PR managers, is that singular negative act, his violation of the people’s sovereignty. President Buhari is now being lauded for the courageous manner in which he has taken Nigeria beyond the denial and conspiracy foisted on the people by both the military and a segment of the professional political class. We look forward to what President Muhammadu Buhari would say to Nigerians and the international community, tomorrow, June 12. His speech writers have a good opportunity to put words in his mouth that can reverberate like the claps of thunder. They must not waste that opportunity with their sleepy prose. President Buhari should have a word for those who have kept this country down by perpetually denying the truth and turning back the hands of the country’s clock.

Abiola He should take credit appropriately for the wise decision that he has taken on the matter of June 12. I remember June 12, 1993, as clearly as if it happened only yesterday. On that day, Nigerians trooped out en masse to make a choice between the Presidential candidates of two political parties, Bashorun MKO Abiola of the Social Democratic Party (SDP) and Alhaji Bashir Tofa of the National Republican Convention (NRC). General Ibrahim Babangida was military President, ruling the country with his Armed Forces Revolutionary Council and finally getting to the final stage of a slow-moving democratic transition programme. By 1993, Nigerians were already tired of military rule and particularly of the Babangida government which seemed to have mastered the art of deception. The people wanted the military out of the way, to allow a return to civilian rule, which had been truncated by the military at regular intervals since independence in 1960. On that day, Nigerians voted massively for the Social Democratic Party and its candidate, Bashorun MKO Abiola (8, 341, 309 million votes – 58.36%). The NRC candidate, Bashir Tofa came second (5, 952, 087 million votes – 41.64%). This was an election in which neither religion nor ethnicity – two major dividing factors in Nigeria was an issue. MKO Abiola, a Southerner got as much support in the North as he did in the South, even beating his rival, Bashir Tofa in his home state of Kano. The National Electoral Commission (NEC) was headed by political science Professor, Humphrey Nwosu. As the results were collated, it was clear that MKO Abiola (SDP) was leading in 19 states, with Bashir Tofa (NRC) winning in 11 states. On June 16 however, NEC announced that it would no longer announce the results “until further notice”. Civil society and pro-democracy protesters objected to this. It had been a free and fair election, the most peaceful that Nigeria had ever known. On June 23, 1993, the Babangida government annulled the election and suspended the Electoral Commission. The NEC Chairman, Humphrey Nwosu went underground and became incommunicado. Bashorun MKO Abiola claimed victory. The people demanded that their will as expressed on June 12, 1993 should be respected and that the results of the election should be declared. The refusal of the military establishment brought it into direct collision with the people and the international community. June 12 became a catalyst for much that would happen to Nigeria. The crisis escalated so quickly, General Ibrahim Babangida known then as the “evil genius” had to “step aside” as President of Nigeria. He put in place as he left, an Interim National Government (ING) led by UAC chief, Ernest Shonekan with General Sani Abacha as Defence Chief. That ING survived for only 83

days. General Sani Abacha, a veteran of military coups in Nigeria, pushed aside the ING and its Head and proclaimed himself Head of State. To put it as it was, hell broke loose. Civil society became tempestuous. Concerned Professionals, Concerned Democrats, Progressives, voices of reason in Nigeria across all divides, the church, market women, every one with a voice, took to the streets to say: “Never Again to military rule.” The general consensus was that the annulment of the June 12, 1993 election was after all a subterfuge by the military to remain in power and that IBB had played a “Maradona” game against Nigerians. “On June 12 we stand”, the people proclaimed and they took to the barricades. The diplomatic community even joined the protests, with the likes of US Ambassador Walter Carrington, leading the charge on the diplomatic front. The Abacha government was bound to fail. It died a-borning. It descended on Nigeria’s civil society and the progressive camp, and as Nigeria began to witness the worst form of dictatorship since 1960, the people fought back. And Abacha fought back. Not even newly born babies were spared. Journalists were special targets: those who were not hauled into prison, were made to flee abroad, or go underground. Those were the days of guerilla journalism in Nigeria. The people at home fought, those abroad set up a short wave radio, Radio Kudirat which reported Abacha to the world. In due course, Nigeria became a pariah nation. Three major events made this happen: the first is the declaration by Chief MKO Abiola of his due right to the mandate that Nigerians gave him on June 12, 1993. On June 11, 1994, Chief MKO Abiola in the Epetedo area of Lagos declared himself the democratically elected President of Nigeria. That speech is now known as the Epetedo Declaration. It should be widely circulated tomorrow, June 12 and on every June 12 henceforth, for it has become one of the landmark speeches in the mapping of Nigerian history, and the trajectory of our country’s democratic evolution. I am tempted to quote from that eminently quotable speech but I recall that it was in that speech that the phrase “Enough is Enough” was first pronounced as a revolutionary call to action. Abiola said: “Today, I join you all in saying Enough is Enough! We have endured 24 years of military rule in our 34 years of independence.…Enough of military rule…” And he went on and on.… The Epetedo Declaration became another catalyst for the Nigerian Spring! It was a call to action. The people responded. Abiola was arrested by the Abacha junta but the genie had left the bottle. The people of Nigeria heard Abiola: “Enough is Enough” and they too responded: “Never Again to military rule”. Second event: On November 10, 1995, Ken Saro-Wiwa, a writer and internationally renowned environmental rights activist was hanged by the Abacha administration. Third event: On June 9, 1996, Abiola’s wife, Kudirat was assassinated by Abacha’s killer squad. There were attempts on the lives of key pro-democracy activists as well including Chief Alfred Rewane who was murdered, and Chief Abraham Adesanya who survived. Journalists were murdered. It was as if at the Epetedo Declaration, Abiola had placed a curse on General Abacha. Nigeria suffered but the people wanted an end to it all. On June 8, 1998, General Sani Abacha died. There was dancing in the streets. But as it happened, Chief Abiola also died, in very suspicious circumstances, while still in detention, on July 7, 1998. By then, General Abdusalami Abubakar had succeeded General Abacha as military Head of State. Nigerians still didn’t give up. They wanted democracy. They wanted to be liberated from the shackles of military autocracy. On May 29, 1999, their will prevailed. General Olusegun Obasanjo who had also been framed and jailed by the Abacha

government became Nigeria’s civilian president after all the turmoil. It is sad that those who have benefitted most from the June 12 debacle have been the most desperate in denying the value and symbolism of that date and what happened therein. June 12 was a turning point for Nigeria as the foregoing narrative indicates, and it became, in its trajectory, the catalyst for Nigeria’s second liberation, that is liberation from internal colonialists, but as things stand 26 years later, we may still need to construct a strategy for a third liberation: liberation from the rent collectors who seem to have resolved that Nigeria’s progress is a threat to their own interests. By declaring June 12 a national public holiday, President Buhari has given us all an opportunity to reflect, to think and to remember. In a country where memory is short, people don’t like to think, and state institutions are constructed to erase memory, the teaching of history was even at a point “outlawed”, now it is taught as an optional subject, it is a good thing that President Buhari in making June 12 a national holiday has given us all an opportunity to do what we do not like to do in this country: to think, reflect and remember. June 12 is an idea that cannot be ignored. It is about national unity. On that day in 1993, we saw that it is possible for Nigerians, “though tongue and tribe may differ” to unite around an idea. June 12 is a philosophy, a way of thinking by a people who resolved at a critical moment in their lives to move forward. The evil agents in the military tried to block that and suppress the people’s sovereignty, but tomorrow, the point shall be made that the truth is indestructible! We hope that there will be celebration in every state of the Federation. The story of June 12 has inspired a bibliography that should be promoted. Indeed, apart from the civil war, it is probably the most dramatic and telling incident in post-colonial Nigeria. I have been privileged to read many of the books, which I recommend to the reading public. They include, not necessarily in any order of importance, Abraham Oshoko,June12: The Struggle for Power in Nigeria, Abraham Oshoko, June 12: The Annulment; Frank Kokori,The Struggle for June 12,Omo Omoruyi,The Tale of June 12: The Betrayal of the Democratic Rights of Nigerians;Humphrey Nwosu, Laying the Foundations for Nigeria’s Democracy: My Account of June 12, 1993 Presidential election and its annulment; Wale Oshun,Clapping With One Hand; Wale Oshun,Open Grave; and Wale Oshun, Kiss of Death; Kayode Fayemi,Out of the Shadows: Exile and the Struggle for Freedom and Democracy in Nigeria;Joe Igbokwe, Heroes of Democracy; and Wole Soyinka,The Open Sore of a Continent. These works represent in varying degrees, the literature of resistance against military rule in Nigeria. The revisionists led by General Ibrahim Babangida have tried to rewrite and revise the same story (there would have been a coup if the result was allowed (!), a cabal within the military didn’t want Abiola, it was an unfortunate incident… story…); see: their narrative is not selling. On June 12 we stand! I have also heard some people express the view that the Buhari government should go a step further and formally announce the results of the June 12, 1993 election and thereafter declare Chief Abiola the rightful winner of that election. I disagree. The June 12, 1993 process having been inchoate and the beneficiary dead, such a declaration will have no probative value. For me, what has been done serves the purpose. It would all have been better though, if June 12 had been declared MKO Abiola’s Day. He was the symbol, the rallying point, the icon of Nigeria’s second liberation in whom is fully embodied the essence of the struggle from June 12,1993 to May 29, 1999. But have we learnt any lessons from June 12? Sadly, I don’t think so.

Printed and Published in Lagos by THISDAY Newspapers Limited. Lagos: 35 Creek Road, Apapa, Lagos. Abuja: Plot 1, Sector Centre B, Jabi Business District, Solomon Lar Way, Jabi North East, Abuja . All Correspondence to POBox 54749, Ikoyi, Lagos. EMAIL: editor@thisdaylive.com, info@thisdaylive.com. TELEPHONE Lagos: 0802 2924721-2, 08022924485. Abuja: Tel: 08155555292, 08155555929 24/7 ADVERTISING HOT LINES: 0811 181 3085, 0811 181 3086, 0811 181 3087, 0811 181 3088, 0811 181 3089, 0811 181 3090. ENQUIRIES & BOOKING: adsbooking@thisdaylive.com