TUESDAY 25TH FEBRUARY 2020

At 2.55% in Q4, Nigeria Records Highest Economic Growth Since 2016 GDP beats IMF projection, grew by 2.27% in 2019 Analysts urge FG to tackle insecurity, enhance non-oil sector activities James Emejo in Abuja, Goddy Egene and Nume Ekeghe in Lagos Nigeria’s economic growth rate rose to 2.55 per cent in the fourth quarter of 2019, its

highest quarterly growth since the 2016 recession, according to a report released yesterday by the National Bureau of Statistics (NBS). In the report, the country’s Gross Domestic Product (GDP)

growth rate for the fourth quarter of 2019 rose by 2.55 per cent (year-on-year) in real terms compared to 2.28 per cent in the preceding quarter. Also, the economy grew by 2.27 per cent in full year

2019, compared to 1.91 per cent recorded in the preceding year. The NBS released the economic performance indicators on the same day the federal government promised

to give more incentives to strengthen the economy and the capital market. The full year 2019 GDP figure was slightly above the International Monetary Fund (IMF) forecast of 2.1 per cent.

Nevertheless, the latest GDP figures were still below Nigeria’s population growth rate of about three per cent, thereby prompting analysts Continued on page 9

Oil Price Slumps to $56 as Coronavirus Spreads Globally...

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PDP Plays the Spoiler, Heads Back to S’Court for Review of Judgment on Buhari To ask for reconsideration of verdicts on Kano, Katsina, Kaduna, Osun gov polls APC: Opposition party, impediment to political evolution Chuks Okocha and Adedayo Akinwale in Abuja The Peoples Democratic Party (PDP) yesterday signalled its plans to launch a fresh bid to unseat President Muhammadu Buhari by approaching the Supreme Court to seek a review of its judgment validating the president's

election. In addition, the main opposition party will also ask the apex court to reconsider its judgments on governorship election disputes in Kano, Katsina, Kaduna and Osun States where the Supreme Court affirmed the victories Continued on page 9

CDS Seeks End to Rivalry among Security Agencies to Check Insecurity Buhari, service chiefs hold special meeting Omololu Ogunmade in Abuja and John Shiklam in Kaduna Apparently miffed by the unhealthy rivalry among the various security agencies, which has hampered the war against insurgency, the Chief of Defence Staff (CDS), General Aboyomi Gabriel Olonisakin, yesterday urged the officers and men of the security forces to close ranks and work

together to secure Nigeria. He spoke in Jaji, Kaduna State, just as President Muhammadu Buhari met behind closed doors with service chiefs in Abuja. Olonisakin, who was the guest of honour at the maiden Joint Counter Terrorism and Counter Insurgency (CTCOIN) seminar for students of Senior Continued on page 10

A DAY AT THE BOURSE... L–R: Chief Executive OďŹƒcer, The Nigerian Stock Exchange (NSE), Mr. Oscar N. Onyema; Acting Director General, Securities and Exchange Commission (SEC), Ms. Mary Uduk; President of the National Council of the NSE, Chief Abimbola Ogunbanjo; and Minister of Finance, Budget and National Planning, Mrs. Zainab Ahmed, during the minister’s visit to the NSE in Lagos...yesterday

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NEWS NBA: Invasion of Justice Odili’s Residence Debases Rule of Law

Group News Editor Ejiofor Alike

Email Ejiofor.Alike@thisdaylive.com, 08066066268

Urges FG to fish out culprits, sponsors for prosecution Davidson Iriekpen The Nigerian Bar Association (NBA) yesterday described the recent invasion of the residence of a Supreme Court judge, Justice Mary Peter-Odili, by a mob as a debasement of the rule of law. It said in a statement that not only was the action an attempt to intimidate the jurist but the judiciary. Justice Peter-Odili headed a five-man panel that on February 13 unanimously upturned the victory of David Lyon as Bayelsa State governor-elect while hearing the case against the Deputy Governor-elect, Biobarakuma Degi-Eremienyo. However, on February 18, a mob, carrying placards ostensibly protesting the judgment of the Supreme Court, invaded Justice PeterOdili’s residence in Abuja. But in the statement signed by its President, Mr. Paul Usoro (SAN), the NBA said it was disheartening to see that the country had descended very low. The association expressed shock that since the invasion, it has not seen nor read any official statement from the executive branch of government condemning the incident. It added that the attack

was a further step towards the complete dismantling of the independence of the judiciary. “That incident is nothing but an attempt to intimidate not only Peter-Odili, but the entire Nigerian judiciary. It amounts to a statement by the paymasters of the mob that they are prepared and able to move violently against any judicial officer or a panel of judicial officers who enter judgment in any matter against their perceived interest. “It is a further step towards the complete dismantling of the independence of our judiciary. They, the paymasters of the mob, are serving notice on all judicial officers that they, the judicial officers, must, at all times, second-guess the wishes of the mob's paymasters and tailor their judgments, rulings and decisions in conformance thereto, failing which, there may be disastrous consequences, including but not limited to organised mob actions. "The NBA has not seen nor read any official statement from the executive branch of the federal government on the egregious invasion of the Abuja residence of Justice Peter-Odili," it added. The NBA said it had to

single out the executive branch of government because it directly controls all the security and intelligence agencies and has the coercive competence to fish out not only the members of the mob that descended on Justice Peter-Odili’s residence, but the sponsors. It noted that when the executive branch of government keeps quiet over such a grave infraction and blatant debasement of the judicial institution, it gives Nigerians cause for concern. While calling on security agencies to fish out and bring to justice the members of the mob that invaded Justice Peter-Odili’s Abuja residence and their paymasters, the NBA urged the federal government to restore the confidence of Nigerians

in the country’s collective commitment to the protection and promotion of the rule of law and its critical component, including the independence of thought of judicial officers. “To be clear, the attack on Justice Peter-Odili is a collective attack on all of us and a flagrant erosion of the rule of law. This is a road that leads to anarchy and a complete system collapse. “In any judicial decision, there must be winners and losers. To comprehend the abyss to which we are descending, it is worth reflecting on where we would all end up if all losers in judicial decisions were, henceforth, to rent their respective crowds with threatening posters and descend on the residences of

the ‘culpable’ judicial officers. “The rule of law, we must remember, is there to serve and protect all of us. Without it, we are all endangered and life would be totally reduced to the animal kingdom where might is right and life is short and brutish. "A critical component of that rule of law is the independence of thought of the judicial officers which must not be tampered with howsoever. Our judicial officers must be allowed their freedom of thoughts and opinion in the determination of cases and appeals before them. They must not be subjected to any form of intimidation or embarrassment. “The executive branch owes us a duty to protect the independence of our judiciary and prevent the erosion of

the rule of law. "The starting point as it relates to Justice Peter-Odili’s incident would be an unequivocal statement from the federal government condemning, in strong terms, the invasion of His Lordship’s residence by the mob. “Beyond that, the security agencies must fish out and bring to justice the members of that mob that invaded Justice Peter-Odili’s Abuja residence and their paymasters. “We need the executive branch to restore the confidence of Nigerians in our collective commitment to the protection and promotion of the rule of law and its critical component, to wit, the independence of thought of our judicial officers,” NBA said.

Buhari Sets up New Humanitarian Co-ordination Committee

Omololu Ogunmade in Abuja

President Muhammadu Buhari yesterday in Abuja approved the constitution of a National Humanitarian Coordination Committee (NHCC) to oversee all humanitarian actions in the country. The committee, which will be inaugurated by Vice-President Yemi Osinbajo, will be saddled with the responsibility of providing among others, a national vision for humanitarian actions, advising on coordination between the security services and humanitarian actors, and settling disputes that may arise from interactions between security services and the humanitarian community. A statement by the president's media adviser, Mr. Femi Adesina, said the committee would also be duty bound to propose policies aimed at enhancing coordination and seamless delivery of humanitarian aids to affected communities. He listed other functions of the committee as facilitating the delivery of humanitarian interventions to vulnerable persons, and

promoting transparency and accountability in all aspects of humanitarian delivery in the country. Adesina said the committee would be chaired by the Minister of Humanitarian Affairs, Disaster Management and Social Development (FMHADMSD), Hajiya Sadiya Farouk, and National Security Adviser (NSA), Major-General Babagana Monguno (rtd.), as co-chairman. He listed other members of the committee as: Chairman, Nigeria Governors' Forum, Ministers of Defence, Interior, Justice, Minister of State for Budget and National Planning, Chief of Defence Staff, Chief of Army Staff, Chief of Naval Staff, Chief of Air Staff, Inspector General of Police and governors of Borno, Adamawa and Yobe States. Others are Commandant General, Nigeria Security and Civil Defence Corps, Comptroller General, Nigeria Customs Service, United Nations Resident Coordinator, Permanent Secretary, FMHADMSD (Secretariat), Chairman, NonGovernmental Organisation Forum, and any other person nominated by the chairman of the committee.

ENDORSING FAMILY VALUES... L–R: President and Founder of Belema Oils, Tein Jack-Rich; Ooni of Ife, Oba Adeyeye Enitan Ogunwusi, and Sultan of Sokoto, Alhaji Sa'ad Abubakar III, at a national conference on “Repositioning the Muslim Family for National Development,” in Abuja...weekend. godwin omogui

NERC Stops Contentious Estimated Billing of Electricity Consumers Chineme Okafor in Abuja The Nigerian Electricity Regulatory Commission (NERC) yesterday disclosed that it had cancelled the controversial practice of estimated billing of electricity consumers by the 11 power distribution companies (Discos) in Nigeria. The estimated metering practice has remained controversial especially with Discos often accused of shortchanging consumers who are alleged to pay more for less service delivery through the framework. The House of Representatives also attempted to outlaw the practice in 2018. However, NERC in a notice of the new order which it posted on its official website, stated that the cancellation

was with immediate effect. It explained that it has also capped the amount of electricity in terms of kilowatts per hour (kwh) of supply that Discos would be allowed to charge consumers every month if they fail to provide meters to them within a specified period of time. It noted that in the event that a Disco fails to provide meter to its customers within an allowed period of time – before April 30, 2020 for high end consumers – it shall lose its revenue from such customers who would remain connected and supplied electricity by the Disco. NERC also stated that electricity consumers who refuse to be metered by the Discos would be disconnected from electricity

supply, adding that the capping of the amount of electricity that the Disco would be allowed to charge will apply only to residential (R1) and commercial (C1) unmetered customers. “This regulatory instrument may be cited as the Order on the Capping of Estimated Bills in the Nigerian Electricity Supply Industry. “This order repeals the Nigerian Electricity Regulatory Commission (Methodology for Estimated Billing) Regulations 2012 (“Estimated Billing Methodology Regulations”) and shall take effect from 20 February 2020 and shall cease to have effect on the issuance of a new Order on the same subject matter by the Nigerian Electricity Regulatory

Commission (“NERC” or the “Commission”),” said the commission in the order. In context, it explained that: “The commission is mandated by section 32(1)(a) of the Electric Power Sector Reform Act 2004 (EPSRA) to create, promote, and preserve efficient industry and market structures, and to ensure the optimal utilisation of resources for the provision of electricity services.” NERC said that in line with section 96 of EPSRA which provides that it makes regulations for the industry, acted in this regard to address the issue of downstream revenue assurance between the Discos and their customers. It noted that it also consulted widely before making the order to abolish estimated electricity billing.

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Gencos Allege N1.7tn Funding Shortfall We offered to return our licences twice, say Discos Ejiofor Alike The electricity generation companies (Gencos) yesterday raised the alarm over the federal government’s failure to make plans on how to fund the N1.7 trillion shortfall in either the annual budget or in the 2015 Multi Year Tariff Order (MYTO) and blamed the Nigerian Electricity Regulatory Commission (NERC) for the funding gap. Electricity distribution companies (Discos) also said they had offered to return their licences to the federal government on two different occasions but the government rejected the offers. In a statement issued yesterday under the umbrella of Association of Power Generation Companies (APGC), the Executive Director, Mrs. Joy Ogaji, urged the federal government to mention its funding initiative for the shortfall. The spokesperson of the GenCos said: “Generation companies have raised concerns regarding the tariff review, scheduled to be effective on the 1st of April, 2020. The Gencos’ concerns relate to the fact that NERC has not captured all the ‘changes’ in the relevant macroeconomic variables and available generation capacity in updating the operating MYTO-2015 in line with the provisions of the MYTO Methodology. “The seeming gaps are

shown through the four parameters considered in the minor review namely: inflation, interest rates, exchange rates and generation capacity as it affects or impacts our business. “Dealing with market shortfall holistically, we are concerned about the financing of the shortfalls, given that there is no provision in the 2019 or 2020 budget. What is the PSRP financing initiative? “What is not clear is who will take charge of the financing plan. Do these plans and facilities even exist? If so, what are the terms under which they were created, if not in existence, right now, who is working to create them and when would they be ready?” Ogaji urged the NERC to explain how it arrived at the MYTO review that refused to capture the shortfalls in the sector. She was worried about the inequitable manner of the remittances requirements of the review tariff order. According to her, whereas the tariff review makes provision for Gencos to receive 36 per cent of their revenue requirement, the Discos are to receive 100 per cent of theirs. She also asked the commission to address the issue of previous failed reviews and state how to make a difference in the current review. Meanwhile, the Discos

have said they had offered to return their licences to the federal government on two different occasions. The Executive Director of Research and Advocacy of the Association of Nigerian Electricity Distributors (ANED), Mr. Sunday Oduntan, told ARISE News Channel, THISDAY sister broadcast arm, in an

interview yesterday that the federal government refused the offer on both occasions. “We believe that as long as the government or regulator do the right thing that is consistent with the wordings and tenets of the agreement signed with the private investors, they are free to take any action as long as the rule of law is

observed. “As far as we are concerned, we have taken our licences to them before, two times, one during the tenure of Jonathan. We said thank you for selling to us; take we are no more interested. It is called force majeure in law. Give us our money back. They said no; we are not taking it from

you. They gave it back to us that we should keep on running it. “During Buhari’s time, we said we are no more interested. They said no. For us to have filed force majeure tells you we are not a desperate set of people. All their concern is to be able to recover their costs. What we all want is electricity.”

BOOSTING DELTA’S SECURITY... L-R: Delta State Governor, Dr. Ifeanyi Okowa; Brigade Commander, 63 Brigade, Nigeria Army, Asaba, Brig. Gen. Ibrahim Jallo, and the state Commissioner of Police, Mohammed Hafiz, during the presentation of 35 vans to security agencies, in Asaba... yesterday

Oil Price Slumps to $56 as Coronavirus Spreads Globally 213 oil blocks currently unallocated in Nigeria, says report Ejiofor Alike Crude oil price tumbled by three per cent yesterday, as the rapid spread of a coronavirus in several countries outside China left investors fretting about a hit to demand. This is coming as a new report by the Nigerian Natural Resource Charter (NNRC) has disclosed that 213 oil blocks are currently unallocated and therefore unproductive in Nigeria. China, the world’s largest energy consumer was the first to be hit by the virus, which has spread globally and affected the demand for crude oil. Global shares also extended losses as concerns about the impact of the new virus grew, with the number of infections jumping in Iran, Italy and South Korea. The global benchmark, Brent crude was down $1.78, or three per cent, to $56.72 a barrel while the United States crude futures fell by $1.53, or 2.9 per cent, to $51.85. Before the current slump in oil prices, the September 2019 attacks on Saudi Arabia’s Aramco facilities had briefly pushed Brent above $72 per barrel. Reuters quoted analysts as saying that the demand destruction for crude oil is likely to intensify as travel restrictions will likely increase as the coronavirus outbreak

becomes a global threat and not just contained to China. Analysts reportedly argued that oil prices will remain vulnerable as energy traders were not pricing for fear that the coronavirus may become a pandemic. They noted that while some parts of China are seeing improving statistics with the coronavirus, financial markets will remain on edge until we start seeing the situation improve in Iran, Italy, South Korea and Japan. South Korea’s fourth-largest city, Daegu, grew increasingly isolated as the number of infections there rose rapidly, with some airlines suspending flights to the city until March 9 and March 28 respectively. The country reported its seventh death after raising its infectious disease alert to its highest level. In Paris, French Health Minister, Olivier Veran said he would talk with European counterparts soon on how best to tackle a possible epidemic, after Italy reported a third death from the flu-like virus and 150 infections, versus just three before Friday. Iran said it had confirmed 43 cases and eight deaths, with most of the infections in the Shi’ite Muslim holy city of Qom. Afghanistan, Iraq, Kuwait, Saudi Arabia and Turkey imposed travel and immigration curbs on the Islamic Republic.

Oil prices, however, received some support after local health officials in China said yesterday that four provinces - Yunnan, Guangdong, Shanxi and Guizhou - had lowered their virus emergency response measures. Chinese President Xi Jinping said on Sunday the world’s largest energy consumer will adjust policy to help cushion the blow to the economy from the virus outbreak. As the demand for oil is decreasing, there are increasing production activities, potentially worsening the glut in the market. For instance, in the United States, the oil rig count, an indicator of future production, rose for a third straight week. Drillers added one oil rig last week, bringing the total count to 679, the highest since the week of Dec. 20, energy services firm Baker Hughes Co said.

213 Oil Blocks Currently Unallocated in Nigeria, Says Report Meanwhile, the Nigerian Natural Resource Charter (NNRC) has disclosed that 213 oil blocks are currently unallocated and therefore unproductive in Nigeria. The NNRC also claimed

that the Nigerian National Petroleum Corporation (NNPC) has not enthroned far-reaching transparency in its operations despite its efforts to publish monthly operations and financial reports of its activities. In its new report – the 2019 Benchmarking Exercise Report (BER) – carried out to provide an assessment of the governance of Nigeria’s petroleum wealth, the NNRC explained that out of 387 oil blocks available in the country as at the end of 2018, only 174 were allocated for utilisation, leaving 213 unallocated and idle. “An examination of the 2018 Nigerian Oil and Gas Industry Annual Report (NOGIAR) showed that there are 387 oil blocks available for development with 174 allocated and 213 unallocated blocks, implying that a considerable resource potential remains untapped,” said the NNRC in the report. It noted that while no new allocations were made within the period under consideration, the country recorded a decrease in the volume of non-associated gas (NAG) reserves she holds from 102.73 trillion cubic feet (TCF) in 2017 to 98.81 TCF in 2018, but made a gain in the reserves volume of associated gas (AG) from 96.36TCF in 2017 to 101.98 TCF in 2018.

According to the NNRC report, Nigeria’s guidelines for awarding oil blocks licenses do not conform with any known policy determining the pace and areas of licences awards. It explained that in absence of major bid rounds and necessary sector reforms backed by legislation, it, “implies that the licensing process could still be abused.” The NNPC it stated has not really transformed itself into a transparently run oil corporation; and still habours elements of opacity. According to it, the corporation is mandated to by the law establishing it – the NNPC Act 1997 - conduct regular audits of its operations using independent auditors but, “Available evidence suggests that, in the past, the corporation has only subjected itself to these audits at the behest of the federal government, including its only publicly available 2015 audit to investigate allegations of unremitted funds into the federation accounts by the corporation.” It noted that the corporation has failed to embrace inclusive transparency because: “The lack of a culture of openness and disclosure within the system is partly responsible for the poor record-keeping, the lack of checks and balances, ineffective performance

reviews and audits, and the absence of transparency and accountability in the NNPC.” “Historically, the government does not seem to value transparency and has not meaningfully sought it from the NNPC or investigated wrongdoing in a way leading to consequences or penalties. This extremely weak transparency and accountability culture means neither staff nor decision makers are incentivised to be transparent,” it further explained. On the impacts of Nigeria’s oil resources to local communities, especially host communities of oil assets, the NNRC said that: “No noteworthy changes have occurred since the 2017 BER. Key legislation to ensure the participation of communities, protect the environment, mitigate costs, respect rights, and ensure that communities benefit from extractive projects suffered setbacks in the period.” “EIA and Social Impact Assessment processes are still weak; the government agencies responsible for enforcing compliance with regulations are still performing below average; and the mechanisms to ensure community trust is gained are ineffective. Nigeria’s ranking on local impacts falls far below NRC recommendations,” it added.

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PAGE NINE PDP PLAYS THE SPOILER, HEADS BACK TO S’COURT FOR REVIEW OF JUDGMENT ON BUHARI of candidates of the ruling All Progressives Congress (APC) in the elections. APC, however, dismissed the PDP's bid, describing the opposition party as a mockery of what an opposition party should be and a clog in the wheels of Nigeria's political evolution. PDP’s presidential candidate, Alhaji Atiku Abubakar, along with the party, had challenged the declaration of Buhari as winner of the presidential election by the Independent National Electoral Commission (INEC), citing irregularities and the president’s ineligibility because he had no secondary school certificate, among other grounds. However, the Presidential Election Petitions Tribunal dismissed PDP and Atiku’s petition and upheld Buhari’s victory; a judgment that the Supreme Court, which heard the appeal of the opposition party and its candidate affirmed. National Publicity Secretary of PDP, Mr. Kola Ologbondiyan, told reporters yesterday in Abuja that the party took the decision to seek a review of the Supreme Court judgments on the presidential election and the governorship elections in the four states in view of APC's desperation to upturn the apex court decisions on

Bayelsa and Zamfara States as well as to keep Imo State, which it believed the Supreme Court erroneously give to the ruling party. Already, the APC is before the Supreme Court, asking it to re-examine its judgments in which it sacked its candidates in Zamfara and Bayelsa States and replaced them with those of PDP. Ologbondiyan said the PDP National Working Committee (NWC) rose from a meeting yesterday and directed its lawyers to ask the Supreme Court to reconsider its affirmation of Buhari as the duly elected president of Nigeria. Addressing a press conference on the outcome of the PDP NWC meeting entitled, 'Position of the PDP on the Desperation of the APC to Subjugate, Intimidate for the Purpose of Annexing the Supreme Court over Imo, Bayelsa and Zamfara Governorship Election Judgments,' Ologbondiyan said: "The NWC of the PDP, after comprehensive consultations, states that our party has no choice left, given the manner with which the APC has conducted itself, than to ask for a review of the judgment of the Presidential Election Petition Tribunal, where the issue of certificate forgery and or presentation of false information

in aid of qualifications was clearly established against the APC and her presidential candidate." He cited the reason for seeking the review of the Supreme Court judgment on the Katsina State governorship election petition on the fact that PDP lawyers also established similar issue of certificate forgery against the Governor, Hon. Bello Masari of APC. "The PDP equally has no choice than to ask the Supreme Court to review the Kano, Kaduna and Katsina States’ election judgments because of manifest violence and substantial non-compliance with our electoral law," he stated. He said the party would be asking the Supreme Court to review its judgment on the Osun State governorship election in view of alleged manifest and disregard to the electoral rules in the conduct of the elections. "Our party will not fold its hands and watch enemies of our hard-earned democracy, who contributed nothing to its birth, to continue to appropriate our collective sovereignty for their selfish political gains while destroying our institutions and holding our people to ransom," the PDP added. According to the party, the

decision to seek for the reviews is because the APC is allegedly all out to destabilise the country and destroy democracy. The party added that the time has come for Nigerians to stand in unity to defend the country and salvage it from political marauders and oppressive elements. "Our nation is already aware of the desperation by the APC to annex the Supreme Court, subjugate and browbeat the justices and direct judicial determinations to suit their selfish ends. "The public space is already awash with reports of how the APC has been threatening and piling pressure on the justices of the Supreme Court to force a reversal of valid judgments already delivered on the Bayelsa and Zamfara governorship elections, where the party (APC) suffered self-inflicted losses. "Nigerians know that the APC has been going through a hemorrhage since the Supreme Court delivered valid judgments on Bayelsa and Zamfara States and as a result, they are no longer interested in the logic of these judgments. They have since thrown caution to the wind to destabilise our nation and destroy our hardearned democracy, especially the judiciary. The APC federal government is leading all forms

of battle against the rule of law and constitutionalism," it stated. The PDP said it holds the sacrifices for the sustenance of democracy, as demonstrated in its comportment after the verdicts of the court on the presidential election as well as Osun, Kano, Katsina and Kaduna governorship elections were delivered. "There is a consensus among majority of Nigerians, and even the international community, that there was an obvious miscarriage of justice by the Supreme Court panel on the Imo State governorship election, for which the PDP accordingly reverted to the Supreme Court asking it to correct the manifest mistakes and errors in that judgment, which are already in the public domain," the party said. However, the PDP added that it found it ludicrous, ridiculous and insulting to the sensibilities and respect of the Supreme Court justices for the APC to head to the apex court to seek reversal of the judgments on Bayelsa and Zamfara States’ governorship elections.

Opposition party, impediment to political evolution, Says APC But reacting to the PDP’s

decision, in a swift reaction yesterday, the APC said it showed that the main opposition party had become a clog in the wheels of the country's political evolution. APC National Publicity Secretary, Mallam Lanre IssaOnilu, said the main opposition party has once again exposed the joke it is. He explained that the PDP's latest antics was no surprise as it has been exhibiting strange behaviours since its defeat at the polls. The ruling party said it believed it has been difficult for some leaders of PDP to cope for so long outside of power, adding that many of them are idle. Issa-Onilu stated: "Never in the history of our democratic journey has a political party made mockery of what a responsible opposition politics entails. The PDP's call has once again, reinforced our party's belief that the PDP has become a clog in the wheels of our country's political evolution. "At this period that our government is working hard to ensure food sufficiency in the country, we urge those jobless characters at the Wadata House(PDP secretariat) to seriously consider taking up rice farming. This would make them useful for our country."

AT 2.55% IN Q4, NIGERIA RECORDS HIGHEST ECONOMIC GROWTH SINCE 2016 that spoke with THISDAY to urge the federal government to address the structural imbalances constraining rapid GDP growth in the country. The analysts also advised the government to take advantage of the opportunities in the agro-processing/value addition and the bio-economy to create employment for the youth. They warned, however, that in spite of the improved performance in the economy, the difficult times may be far from being over unless current issues are addressed to pave the way for growth. According to the GDP Report for Q4 and full year, released by the statistical agency, aggregate GDP in Q4 stood at N39.57 trillion in nominal terms, higher than the N37.80 trillion in Q3 and N35.23 trillion recorded in the corresponding quarter of 2018. GDP in real terms stood at N19.53 trillion. The NBS stated that the strong growth in Q4 represented the highest quarterly growth performance since the 2016 recession. However, quarter on quarter, real GDP growth was estimated at 5.59 per cent. The average daily oil production in Q4, however, declined to 2.00 million barrels per day (mbpd) during the review period, representing –0.04mbpd lower than the production volume of 2.04mbpd in Q3; but indicated a rise of 0.09mbpd over the 1.91 mbpd recorded in the same quarter of 2018. However, oil production remained consistently at or above 2.0mbpd all through 2019, the NBS added. The economy was largely driven by the non-oil sector, which contributed 92.68 per cent to growth in Q4 and 91.22 per cent at full year while the oil sector contributed 7.32 per cent to GDP and 8.78 per cent in 2019. Agriculture contributed 26.09 per cent to growth while industries accounted for 20.27 per cent as well as services which recorded 53.64 per cent

contribution to growth. Furthermore, manufacturing contributed 8.74 per cent to real GDP in Q4 and 9.06 per cent at full year.

Analysts Urge FG to Tackle Insecurity, Enhance Non-oil Sector Activities Reacting to the NBS data, analysts urged the federal government to address the structural imbalances constraining rapid GDP growth in the country. The analysts also want the government to take advantage of the opportunities in the agro-processing/value addition and the bio-economy to create employment opportunities. The Managing Director, Cowry Assets Management Limited, Mr. Johnson Chukwu, said the Q4 GDP figure was an improvement over the previous quarter. He, however, noted that historically, the last quarter of every year always record higher economic activities, compared with other quarters. In order to further propel economic growth, Chukwu, said: “So, you will realise that the 2.55 per cent we saw in the Q4 was largely driven by the oil and gas sector. And we all know that the impact of the oil and gas sector is minimal on the well- being of the citizens because it employs very few people. So, the key thing is to broaden the non-oil sector. “We need to stimulate sectors like manufacturing, construction and the real estate sectors. These are sectors that would create employment and lead to inclusive growth in the economy.” Also, an economist and former Director General, Abuja Chamber of Commerce and Industry (ACCI), Dr. Chijioke Ekechukwu, said despite the performance, the economy may not be out of the woods. He said insecurity remained a major bane in the country's development aspirations, adding that there might not be much

economic growth if the issue is not addressed. He said: "The country is not out of the woods with the GDP growth of 2.55 per cent in the 4th quarter of 2019. The reason for the growth was because of the seasonal business boom of Christmas and attendant gains. "Since the beginning of 2020, virtually all other economic indicators are showing negative signs. Indicators like exchange rate, inflation, PMI, debt-to-GDP ratio, etc, are trending negatively. "Implications are that the economy is nose diving and needs some surgical economic re-engineering." Also, speaking to THISDAY on the GDP outcome, renowned economist, Prof. Ken Ife, said though the positive performance represented a good and encouraging sign for the economy, "we really need to close the agro-processing/value addition/bio-economy gap to create youth employment and reduce the post-harvest losses currently at 30-70 per cent." He expressed optimism that the incentives created in the 2020 Finance Act for MSMEs and agri-sector investors among others, would enhance and stimulate growth. "Although industries in general performed less at 20.27per cent, manufacturing has shown consistently higher performance. But given that the uptick in inflation is propelled by a higher food basket subindex of 14.85 per cent compared to urban sub index(12.78 per cent); rural sub index (11.54 per cent); core inflation (9.35 per cent ); and hence CPI of 12.13 per cent, we really need to close the agro-processing/value addition/bio-economy gap to create youth employment and reduce the post-harvest losses currently at 30-70 per cent," he added. Also, West African Regional Representative of the African Association of Agricultural Economists (AAAE), Dr. Anthony Onoja, told THISDAY that the performance showed the economy was "certainly getting out of the woods." But he said the maintenance

of national security remained a key factor in boosting a stable economic growth while policies for agricultural development and economic growth must be updated in line with current macroeconomic realities. He said the improvement of the GDP from 2018 to 2019 appeared to be dominated by a significant contribution of the non-oil sector to national growth with the growth in GDP of the period being accounted for by 92.68 per cent contribution from the sector against 7.32 per cent from the oil sector. Onoja, who is also a Senior Lecturer of Agricultural Economics at the University of Port Harcourt, however, noted that this will require "creating a conducive environment for businesses to thrive in these sectors by providing national security, social infrastructure, especially stable and improved electricity power supply, while promoting policies for agricultural development, especially crop production where Nigeria has a comparative advantage." A Senior Research Analyst at FXTM, Mr. Lukman Otunuga, said with the latest GDP figures, “there will be a strong focus on economic data ahead of the next CBN policy meeting in March. Investors will direct their attention towards the latest manufacturing PMI figures scheduled for release on Thursday, February 27. A figure that meets or exceeds the PMI market forecast of 58.4 may signal a recovery in the manufacturing sector – something that is supportive of growth potential.” The Head of Research, United Capital, Mr. Wale Olusi, stressed the need for policy reforms that would drive growth. He said: "For us to go back to a growth that is faster, we need big reforms that would have a spiral effect on the overall economy. So long as we continue to tackle the little things that have not so significant impact on the economy, in 2020 we would continue to hover around two per cent GDP growth levels." On his part, the Head of

Research, Afrinvest West Africa, Mr. Abiodun Keripe, called for reforms in the power and oil and gas sectors. He said: "We need to have stable power at market reflective prices. We still have issues with subsidies and some of these things need to be cut out. "Infrastructure needs to be improved on and these are things that can be done to help drive growth in the manufacturing sector. "The non-oil sector needs to expand and a lot has to be done to drive that expansion. We must get our policy environment right; we must get our infrastructure framework right.” Also, an economist and Associate Professor at the Lagos Business School, Mr. Bongo Adi, said: "We need improvement in the infrastructure condition in the nation. Right now, we still have problems with energy, transportation. "The government needs to find funds to invest in infrastructure and expand the infrastructure network. The CBN policies are driving growth, but then the complimentary policies from the government needs to happen. "If we have these two together, surely growth would continue to happen."

FG Promises More Incentives to Strengthen Capital Market, Economy Also yesterday, the Minister of Finance, Budget and National Planning, Mrs. Zainab Ahmed, assured capital market operators that the federal government will introduce more tax incentives to boost investments in the capital market. She also said her ministry would work on the Nigerian Stock Exchange (NSE) to put policies in place that would enhance the growth of the market and the nation’s economy. Speaking during a visit to the NSE, Ahmed said it was a privilege for her to be on the floor of the stock exchange, which drives activities in the capital that is regarded as the

growth engine of any economy. According to her, the government has in past worked closely with the NSE in various forms, noting that some tax provisions have been made in the Finance Act of 2020 to assist to deepen the market in areas of real estate investment schemes (REITS) and securities lending. “We have asked the NSE to continue to work with us so that we can encourage Nigerians to invest more in the Nigerian capital market. We have a lot of resources locally and we are working with the NSE to ensure we mobilise resources through the market. Any policy that government needs to put in place to enable the growth of the market, we will do that,” she said. She explained that while the Finance Act of 2020 had taken care of some incentives, the next Finance Act will make provisions for more incentives to enable the market to be attractive to Continued on page 10

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NGN NGN 0.07 0.80 0.02 0.45 0.05 1.87 0.04 1.50 0.01 4.51 NGN 4.05 10 4.50 10 2.43 10 0.44 4.01 9.8 0.90 8.20 9.8 HPE Nestle Nig Plc ₦1,130.00 Volume: 429.003 million shares Value: N7.298 billion Deals: 4,533 As at yesterday 24/02/2020 See details on Page 33

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NEWS

Amotekun: Secession Not in Yoruba Agenda, Says Falae Six South-west AGs to harmonise draft bill Wednesday James Sowole in Akure The former Secretary to the Government of the Federation and former Minister of Finance, Chief Olu Falae yesterday allayed fears that the formation of the regional security initiative, Operation Amotekun by the South-west, was a prelude to secession plan, insisting that the Yoruba cannot secede from Nigeria Falae stated this yesterday in Akure, Ondo State capital, at the public hearing on a bill "Ondo State Security Network Agency and Amotekun Corps Law 2020”. This is coming as the six

Attorneys General of the South-west states will meet at Ibadan on February 26 and 27 to consider recommendations of all the Houses of Assembly before each house would send the bill for signing by their respective governors. The public hearing held at the Babafunke Ajasin Auditorium, Akure, attracted various stakeholders, including traditional rulers, professional groups, security chiefs and youth groups. The former SSG, who recounted his experiences when he was kidnapped for six days by herdsmen, described Amotekun initiative as the

arrival of Yoruba freedom. He said: "Yoruba cannot secede from Nigeria. If others want to go out of Nigeria, let them go; we cannot leave because we have invested heavily on Nigeria. "What we want is our security and we shall support all moves to ensure our people’s security. I was a victim of insecurity. I was kidnapped from my farm and troubled for six days before I was released. "I am impressed when the Ondo State Governor said he did not care when the Amotekun was declared illegal but that the security of people

is paramount. "How can Hisbah be legal and be performing all the functions of Police and somebody will declare Amotekun illegal? What we want is equal treatment." He said the Amotekun should have the power to arrest, investigate and prosecute criminals. Also speaking, the Secretary of the Pan Yoruba SocioPolitical Group, Afenifere, Chief Sehinde Arogbofa, said the ultimate objective of Amotekun should be in line with the recommendation of the 2014 Constitutional Conference, which recommended the

establishment of State Police under state government. He said Amotekun should not report to police but to the state governors for prompt action on their activities. The Afenifere chieftain also advocated speedy, fair and firm justice to all concerned. He said for efficiency, membership of the Amotekun Corps for a particular area must be limited to indigenes of that community because of their familiarity with the environment. In his speech, the Ondo State Attorney General and Commissioner for Justice,

Mr. Kola Olawoye, said the six Attorneys General of the South-west would meet at Ibadan on February 26 and 27 to consider recommendations of all Houses of Assembly before each house would send the bill for signing by their respective governors. Declaring the hearing open, Governor Oluwatotimi Akeredolu said as elected officers, security of people cannot be compromised. "We cannot compromise the security of people, their property and lives. There is no going back again, we shall win," Akeredolu said.

AT 2.55% IN Q4, NIGERIA RECORDS HIGHEST ECONOMIC GROWTH SINCE 2016 investors. Responding to the capital market operators’ request to defer the planned recapitalisation in the sector, the minister said it would make them stronger and compete better in the market. According to her, with the demutualisation of the NSE coming through soon, stockbroking firms would have more businesses to do and therefore needed to recapitalise to operate better. Also responding to comments by stockbrokers that many ministers had in past come to the NSE with many promises without fulfilling them, Ahmed assured them that her visit would be different because the federal government is committed to ensuring that the capital market is used to unlock the economic potential of the country. In his welcome address, the

Chief Executive Officer of NSE, Mr. Oscar Onyema, said they were delighted and honoured to host the minister and her delegation to the event, which they themed : ‘A day at the NSE.’ “It is one in a series of the NSE’s renewed government relations, where key government stakeholders interact with the capital market community on important issues that affect both parties in terms of Nigeria’s economic management and policy reforms, ease of doing business environment, foreign and local investment attractiveness, capital market and ultimately economic growth and development,” he said. Onyema said that the government’s fiscal and monetary reforms over the past two months had shown some intent at tackling the nation’s challenges.

ROUNDTABLE ON ENTREPRENEURSHIP... L-R: CEO, Tony Elumelu Foundation (TEF), Ms. Ifeyinwa Ugochukwu; Head, Division of Enterprise, United Nations Conference on Trade and Development (UNCTAD), Ms. Tatiana Krylova; Country Director, Empretec Nigeria Foundation, Mrs. Owanari Duke; and Group Chairman, United Bank for Africa (UBA) and Founder, TEF, Mr. Tony Elumelu, at the launch of UNCTAD’s Entrepreneurship Policy Framework and Implementation Guidance, held during the Empretec Regional Roundtable on Entrepreneurship in Lagos... yesterday

CDS SEEKS END TO RIVALRY AMONG SECURITY AGENCIES TO CHECK INSECURITY Course 42 of the Armed Forces Command and Staff College (AFCSC), Jaji, said effective collaboration between security forces is imperative in securing the country against terrorism and insurgency. He described the theme of the seminar “Enhancing Jointness in CTCOIN Operations through Collaboration,” as apt and timely considering the enormous roles currently being played by the armed forces and other security agencies in confronting the various security challenges facing the country. “There is no doubt that our security forces require synergy and effective collaboration to succeed in the discharge of the onerous task of securing the nation. “The required synergy transcends beyond the three services of the armed forces to the paramilitary and even NGOs and other stakeholders in our various theatre of operation. This synergy is essential and vital to achieving our common objective of securing Nigeria. “It will also help in formulating policies and assist the armed forces in its operations,” he said. The CDS told the students who are of the rank of Major and its equivalent in other armed forces that as future field commanders, it is essential

for them to recognise the need for effective synergy among all stakeholders. “Therefore, you must all display maturity and jettison all the hindrances to synergy and cooperation, such as ego and rivalry. “I understand that before now, the seminar was organised at the academic departmental level. In the wisdom of the leadership of the college and in tandem with the realities of contemporary security challenges in the country, the need to have a joint seminar was conceptualised. “It is believed that with this coming together, shared experiences and crossfertilisation of ideas would be enhanced. Let me therefore commend the commandant and his management team for this initiative that is aimed at enhancing jointness among the armed forces and other security agencies as demanded by current realities. "What we have today is the product of long period of planning and deliberations. “Most importantly, the theme of the seminar is also directly linked to the objective of the Senior Course as well as the thinking of the strategic leaders of the country. “I also find the seminar most appropriate as majority of you

students would be deployed to the field in command and staff appointments upon graduation from the college. In these appointments, you would be required to take critical decisions that would determine the fate of officers and men under your command. “As tactical level commanders, you have vital roles to play in the execution of your higher commander’s plan. You will do this successfully by imbibing training, discipline and being flexible in your thoughts and reasoning. “The college has therefore made concerted efforts at selecting some notable commanders across the three services who are vast on CTCOIN and joint operations. Indeed, it is expected that some of these commanders who have served or are still serving in their respective commands will share their vast experience and knowledge, especially during the interactive session. “I, therefore, urge you to be open-minded and inquisitive with them so as to derive the maximum benefits in furtherance of the overall objective of the seminar,” CDS explained. Meanwhile, the president yesterday met with the service chiefs to discuss security challenges facing the country.

Those in attendance were Olonisakin, Chief of Army Staff, Lt. Gen Tukur Buratai; Chief of Air Staff, Air Marshal Sadique Abubakar; Chief of Naval Staff, Vice Admiral Ibok Ekwe Ibas and the Inspector General of Police (IG), Mr. Mohammed Adamu. At the meeting, the National Security Adviser (NSA), Babagana Monguno (rtd.) and the Chief of Staff, Malam Abba Kyari were conspicuously absent. THISDAY learnt that the NSA was absent because he was on a trip out of Abuja, but Kyari was in his office while the meeting held. The meeting, coming 24 hours after the president had threatened that greater offensive deliberately meant to end insurgency would be launched "in the coming weeks," did not fall within the regular security council meeting schedule in the State House. Security council meetings usually presided over by the president are often held quarterly and always attended by the service chiefs. Aside the service chiefs, the NSA, Monguno and the Chief of Staff, Kyari are usually in attendance. But at yesterday's meeting both men were conspicuously absent. While the last security council meeting was held in

January, the next ought to hold next month, but it is believed that the deteriorating security situation in the country might have prompted the president to call yesterday's meeting. However, on their way out of the Presidential Villa yesterday, the service chiefs, including the IG, proceeded to the chief of staff's office where they met with him briefly before leaving the State House. The service chiefs have been in the eye of the storm for over one year following repeated calls for their sack from virtually all parts of the country as a result of worsening security crises threatening the country and moreso that the service chiefs are overdue for retirement. But the calls have not been heeded as the president had ignored them and instead, sought for the support and cooperation of Nigerians with the armed forces in the battle against insecurity. The calls for the sack of the service chiefs have been intensified in recent times especially with increasing aggression of Boko Haram in the North-east, resulting in dastardly and mindless killings and arson. In recent times, several innocent lives of both the civilians and soldiers have been gruesomely lost while houses

and churches had been burnt by the terrorists. On Friday, houses and churches were burnt down and one soldier killed in Garkida in Adamawa State, barely few days after similar attacks had been carried out in a Christian community of Chibok where houses and human beings were burnt to death including a woman and an infant. The Chibok attack also came few days after 30 passengers traveling to Maiduguri were gruesomely massacred and several vehicles burnt in Auno, near Maiduguri. The attack also came after the Chairman of Christian Association of Nigeria (CAN) in Michika Local Government Area of Adamawa, Revd. Lawan Andimi, was beheaded by the insurgents in a horrible manner. Following the arson in Garkida on Friday, Buhari according to a statement by presidential spokesman, Malam Grba Shehu, on Sunday, vowed to launch an aggressive campaign against Boko Haram. "In the coming weeks, Nigerians would witness an aggressive campaign to rout Boko Haram once and for all," the president promised. It is believed that yesterday's meeting was called in line with the latest threat issued by the president on Sunday.

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Three Feared Dead as Sagamu Residents Clash with Police over Footballer’s Death Kingsley Nwezeh in Abuja, Chiemelie Ezeobi, Sunday Ehigiator in Lagos and Fasua Kayode in Abeokuta Three persons, including policemen were yesterday feared dead as scores of protesters flooded the streets of Sagamu in Ogun State to register their grouse over the death of Kazeem Tiamiyu, a footballer, who was allegedly killed by officials of the Zonal Intervention Squad (ZIS) in the state. This is coming as the

Inspector-General of Police, Mr. Mohammed Adamu, has ordered a Deputy-InspectorGeneral of Police in charge of Force Criminal Investigations Department (FCID), Anthony Ogbizi, to take over from Ogun State Police Command the probe into the circumstances surrounding the killing of the Assistant Captain of Remo Stars Football Club. Tiamiyu, a player with Remo Star Football Club, was killed in a controversial circumstance last Saturday after policemen

Boko Haram Insurgents Ready to Lay Down Arms, Says Yobe Senator Deji Elumoye in Abuja The All Progressives Congress (APC) senator representing Yobe East Senatorial District in the National Assembly, Senator Ibrahim Gaidam, yesterday disclosed that many Boko Haram terrorists are willing to lay down their arms but are afraid of the consequences of their action. The former governor of Yobe State, who proposed a bill for the education, deradicalisation, and rehabilitation of the repentant insurgents, on the floor of the Senate last week, stated this in an interview with journalists in Abuja. The senator explained that his bill was not meant to take care of insurgents captured by the security agencies because those ones would be made to face the full wrath of the law. He also said contrary to claims by those who were opposing the proposed legislation, the victims of the Boko Haram insurgents are already being taken care of by the North East Development Commission. Gaidam said some of his

colleagues who are currently kicking against the bill had yet to know details of the proposed legislation, arguing that it was meant to completely tackle insurgency in the North East since the use of force seems not to be achieving the desired objectives. He said, “There is no doubt that many members of the insurgents’ group have defected and many more are willing to repent given a window of opportunity and this is confirmed by many organisations, including non-governmental organisations that have unalloyed access to the Boko Haram insurgents. “The Boko Haram insurgency is becoming increasingly aggressive since its inception in 2009, marked by extreme brutality and explicit targeting of civilians, resulting in continued infliction of massive casualty on innocent citizens. “It has become necessary for us to go back to the drawing board and adopt an alternative approach, in addition to the military option which has so far performed significantly well.

Again, Gunmen Invade Delta Community, Kill Man, Abduct Wife Omon-Julius Onabu in Asaba One week after one of the two persons abducted from the community by criminals was found dead near his house, unidentified gunmen have yet again attacked Issele-Azagba community in Aniocha North Local Government Area of Delta State, killing one man, injuring his daughter and abducting his wife. THISDAY learnt that the latest incident happened last Sunday night when the gunmen stormed the community, pumping several shots into the man whose daughter also got hit in the hand by a stray bullet. A source from the palace of the traditional ruler of the community, HRM Francis Ijieh, told THISDAY yesterday that the gunmen operated practically unchallenged as a team of policemen only arrived in the area at about midnight, hours after the invaders had disappeared with the wife of the deceased, said to be of Urhobo ethnic group. Vigilance groups from Issele-

Azagba and the neighboring Utulu community were said to have done their best to ward off the attacks but the damage had already been done. The injured girl was initially treated at a local clinic before being transferred to the Federal Medical Centre in Asaba for extraction of the bullet, the source said. The attack on Sunday night was the second this month as a similar attack on the night of February 5, 2020, eventually left two men dead. One of the deceased victims of that particular attack, an engineer, Mr. Sebastine Kadiri, was reportedly abducted on the fateful night along with a female student of a private school in the town, but the girl had regained her freedom about four days later after her parents reportedly paid a huge sum as ransom. The Delta Police Command spokeswoman, Mrs. Onome Onovwakpoyeya, confirmed the incident to THISDAY yesterday evening.

attached to ZIS arrested him on allegations of being a fraudster. The deceased was allegedly knocked down by an oncoming vehicle while being taken to Abeokuta by the cops whose vehicle developed fault on the road and was parked for repairs. Ogun State Police Command initially played to the gallery over the incident, a move that incited the residents and made them stage a protest yesterday. The protest began on a peaceful note as the residents carried placards and green leaves, demanding

the scrapping of the unit responsible, but the police were deployed to stop the protesters. About three protesters were gunned down while others sustained injuries as they attempted to flee. In retaliation, the angry mob were said to have targeted some policemen and allegedly killed them, just as they made to burn the police station, a move that was aborted by the cops. The Assistant Inspector General (AIG) in charge of Zone II, comprising Lagos and Ogun States, Ahmed Iliyasu,

while condemning the incident that led to Tiamiyu’s death, assured that the matter would be duly investigated. He warned that officers found wanting in the discharge of their police duties would be sanctioned appropriately. Commiserating with the family of the deceased footballer, the people of Remoland and Ogun State in general, Iliyasu sued for calm, adding that the cops involved were already undergoing orderly room trial. He said: “I will not tolerate any act of indiscipline, unprofessionalism, indolence

and disregards to human rights and the rule of law by officers and men of the two commands under my watch. “We assure all citizens of the two states continuous protection of life and property as enshrined in all our extant laws.” Similarly, Ogun State Commissioner of Police, Kenneth Ebrimson, has, however, denied that the policemen opened fire on protesters, insisting that the cops resisted the use of force despite provocation from miscreants who took advantage of the protest.

SECURITY BRIEFING...

L-R: President Muhammadu Buhari; Chief of Naval Staff, Vice Admiral Ibok Ekwe Ibas; and Chief of Air Staff, Air Marshal Sadique Abubakar, during a security meeting at the State House, Abuja...yesterday STATE HOUSE

ISWAP Camp in Disarray as Amir Abba-Gana Emerges Factional Leader The Boko Haram splinter group, Islamic State in West Africa (ISWAP) camp is currently in disarray as in-fighting has further factionalised the insurgents, especially with the appointment of Amir AbbaGana as the new factional leader. Sources informed PRNigeria yesterday that Abba-Gana emerged as the new factional leader of the group following the elimination of Ba’a Idirisa, by the sect group on February 9, 2019.

Ba’a Idirisa who replaced Abu-Mossad Albarnawee both biological children of the late Muhammad Yusuf, was assassinated three months ago along with three other commanders in an attempt to surrender and renounce the war. Intelligence sources noted that further on- the -spot assessment conducted on the Jihadists group had revealed that about 25 high-profile Boko Haram terrorist commanders were killed within the past two

months following intensified military raid in the Northeastern Lake Chad, while many others fled the Lake Chad general area to the neighbouring countries of Chad, Niger and Cameroon. The massive death was confirmed to have been caused by Undetonated Improvised explosive Devices (UIED’s), used to fortify the camps by the insurgents. It was also revealed that the Tumbus are now virtually left in the hands of local inhabitants

who were forcefully recruited or abducted into the sect mostly from Mobbar, Abadan, Guzamalla, Kukawa and Marte Local Government Areas (LGAs) of Borno State. The local terrorists fighters were also said to have been forcibly recruited along with some few Budumas who stayed back to hold ground in anticipation for elevation in status which mostly cannot operate some of the supporting weapons left by the feeing commanders.

Bandits Kill Three People, Kidnap 10, Collect Jerry Cans of Petrol as Ransom in Niger Laleye Dipo in Minna Three people among them a woman and her daughter have been killed when bandits invaded some communities in Rafi Local Government Area of Niger State last weekend. During the operation, no fewer than 10 villagers were said to have also been abducted and taken into hiding. The first incident occurred on Friday at Angwar Bulus and Tungan Makeri where a woman and her daughter were

reportedly killed in the vicarage of a church. In the second incident, 10 villagers were kidnapped on Saturday at Maikujeri village. The Saturday operation, reports said, took place immediately Governor Abubakar Sani Bello left Kagara town, the headquarters of the local government area after visiting displaced people at the IDP camps. THISDAY learnt that the bandits demanded for petrol as ransom for the release of

some villagers kidnapped at Tungan Makeri and Angwar Bulus. “I am aware that N80,000 worth of petrol in jerry cans were taken to the bandits in the bush. “They have their contacts It is through these contacts that the relations of the victims were taken into the forest,” an eyewitness told THISDAY on phone. He alleged that “a lot of things is happening here government is not doing

anything about it. We cannot move freely from 4pm to 7am. The bandits move freely here.” The witness, however, debunked claims that those kidnapped were from the Baptist Church in Pandogari, explaining that “those kidnapped are Christians and Muslims.” When contacted, the Public Relations Officer, Niger State Police Command, DSP Muhammad Abubakar, said “we have heard such information but we have not confirmed yet.”

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

POLITICS OF ISHAKU’S ABUJA TRIP

Danjuma Peters argues that those making noise over Ishaku’s stay in Abuja are mischievous

T

he recent hullabaloo over Governor Darius Dickson Ishaku’s extended stay in Abuja following a domestic accident he had sustained earlier is nothing but political blackmail carried too far. It is also proof of the extent mischief politicians can go in their bid for political office. In this case, it was a continuation of the post-election bitterness which leaders of the All Progressives Congress (APC) in Taraba State, have been exhibiting against Ishaku following their loss of the 2019 elections in the state. They had promised in the aftermath of their electoral loss to make the state ungovernable for Ishaku, the winner of that election, and they have not relented since then. The latest which was anchored on the decision of Governor Ishaku to spend a couple of weeks in Abuja to receive medical attention following the domestic accident which, I learnt, affected one of his legs, is the most frivolous. In their blind pursuit of this hideous agenda, they have demonstrated unpardonable misunderstanding and misinterpretation of Section 190 (1& 2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended). I have followed very carefully the issues which Mr. Ibrahim El-Sudi, Taraba State chairman of the APC and leader of the crusade against Ishaku has raised against the governor. His mission is rather more political than legal. His insistence that Ishaku had violated constitutional provisions by not transmitting power to his deputy during his absence from the state amounts to raising unnecessary political dust. That section of the constitution provides grounds on which the state governor may transmit power to his deputy which include inability to discharge the functions of his office and when proceeding on vacation, both of which are not applicable in the case of Governor Ishaku. First, Governor Ishaku was not on vacation. He came to Abuja to attend to important issues critical to the social and economic development of Taraba State and was vigorously attending to these issues even after his accident. Video clips and news reports in newspapers and the social media on the governor’s official engagements in Abuja even while still nursing his injuries were everywhere for all to see. Yet El-Sudi and his gang pretended they didn’t see anything nor heard anything concerning the governor’s official engagements in Abuja. They intensified their campaign against Ishaku to the utter disgust of millions of people who felt it is callous for anyone to take advantage of another’s health condition. The truth that the public needs to know so that they are not further misled by those deliberately painting a wrong picture of the scenario to win sympathy is that Ishaku’s case is not such that will render him incapable of discharging the duties of his office. He is also not on vacation. The insinuation that the machinery of government is slow in the state because of the governor’s absence is wrong and misleading. The APC people are pretending not to know but the truth is that a governor can work from anywhere within the country. I know it was not the intention of Ishaku to do so from Abuja but for the circumstances thrust upon him by the unfortunate accident he suffered. While Ishaku was in Abuja, the affairs of the state were running smoothly. The dualisation of the Airport Road in Jalingo began in earnest. The road will have an overhead bridge, the first of its kind in

VIDEO CLIPS AND NEWS REPORTS IN NEWSPAPERS AND THE SOCIAL MEDIA ON THE GOVERNOR’S OFFICIAL ENGAGEMENTS IN ABUJA EVEN WHILE STILL NURSING HIS INJURIES WERE EVERYWHERE FOR ALL TO SEE

the whole of Taraba State, to ease the flow of traffic in the capital city. This road is a major legacy of the Ishaku administration and the people of Taraba State are very excited by the foresight that informed the dualisation of the road. At the same time, the Mararaba-Baissa- AbongNguroje road, another initiative of Governor Ishaku has made significant progress. The road is crucial to the actualization of the national dream for stable electricity through the Mambilla Hydro project. It is the shortest access road to the project site. As at now, there is no access road to the Dam site. Ishaku has been loudly commended by several high-ranking federal government officials, including the Minister of Power, Engr. Saleh Mamman, for this foresight in initiating the project and for his commitment to its quick completion. It is important for me to also emphasise that the rescue mission of the Ishaku administration has achieved landmark projects that have positively touched millions of lives in the state. Only the opponents of the administration in the APC are unable to see the great work being done. They would rather work to ensure that they pit the people against the administration. The initial plot was to raise dust over payment of salaries, pensions and gratuities. They wanted to popularize the wrong narrative that government was not paying workers. The attempt failed because the evidence on ground contradicted their position. Taraba is among the few states in the country that can boast of faithfully paying salaries, pension arrears and gratuities. Their attempts to also label the laudable Green House project of the administration as undesirable also suffered a similar fate. Testimonies from the direct and indirect beneficiaries of the project who are more than one million in number have completely silenced them. Fruits and vegetables from the farm which are currently sold in the state and in major marketing outlets in several towns and cities in Nigeria are proof that the project is wise investment. This write-up is not meant to be a complete narration of everything that the administration of Ishaku has achieved for Taraba. But let me quickly remind those who have made it their daily affair to run down the Ishaku administration that it will be a difficult job for them to twist the history of revolutionary changes that the state has witnessed under his administration. The administration has also taken more than 4,000 women and youths out of poverty through its radical and highly productive programme of skills acquisition. Nothing can also change the fact that the Ishaku administration was the first in the state that provided over 300 boreholes in over 300 communities, thus providing good drinking water to a large population of people. In education, the Ishaku administration has remodeled schools and made primary and secondary institutions very learning friendly. The 3000 teachers he employed in one fell swoop dramatically altered the previous narrative of poor quality of instruction. These efforts were backed up by the provision of instructional materials. Today the quality of education has drastically changed for the better. And nothing is a greater testimony of this than the state’s WAEC performances since 2017. In that year, Taraba State student’s performance jumped from 20 per cent in 2015 to 67.3 per cent. It got even better in 2018 with 75.3 per cent.

CUTTING THROUGH THE NOISE ABOUT RESTRUCTURING The validity of a constitution is determined by its social acceptance or its efficacy and not necessarily by referendum, argues Chuma Uwechia

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he agitation for restructuring of Nigeria is shaping up as the country’s first major constitutional battle since the enactment of the 1999 constitution. While the social media is awash with write-ups, eminent citizens have outdone each other with calls on the president to convene a sovereign or national conference to address the burning issue of restructuring. Strangely, however, restructuring the country is a legislative and not executive function that requires an Act of the National Assembly. The goal here is to cut through the befuddled agitation for restructuring to isolate the politicking and focus on a course of action. We will therefore examine the positions laid out by two eminent legal professionals; Professor Ben Nwabueze, SAN, author of Constitutionalism, Presidentialism and Judicialism, and Chief Afe Babalola, SAN, proprietor of Afe Babalola University. Professor Nwabueze is a revered constitutional lawyer and seasoned academic who was one of the architects of the 1979 constitution. He revealed in various press interviews that he and the late Chief Rotimi Williams, SAN, two unelected members of the 1978 Constituent Assembly, were solely responsible for concentrating two much power at the center in the 1979 constitution. They thought it was the panacea to the country’s divisiveness. But that strong center is what is tearing the country apart today. The 1979 constitution was subsequently updated and promulgated as the 1999 constitution. The unitary and centralized government was an invitation to tyranny and corruption, which has led to restive clamoring from the populace for restructure. It was never the people’s choice. Professor Nwabueze now admit that a centralized

government was misconceived and wants a reversal. He doesn’t just want a constitutional amendment to repair the error and restructure the system; he wants a complete overhaul to a fresh new parliamentary system as in 1963, with federating regions. But if we are to overhaul the system every time we run into a constitutional problem, we may never evolve any system. Nwabueze previously called on President Jonathan before the expiration of his term of office, to empanel him and some colleagues to draft a new constitution to be adopted through referendum. He argued that the National Assembly, the duly elected people’s representatives cannot give us a new constitution because a new constitution is the work of the people. And that the 1999 constitution was made by the military though it says, “we the people of Nigeria”. There is, however, no existing mechanism to gauge whether the populace want a new constitution or just restructuring because plebiscite and referendum are not in the constitution. To establish one will require a constitutional amendment, which is a tall order. Empaneling some brilliant professors and lawyers, or some other elite group to make that determination, runs counter to the idea that a new constitution should originate from the people. The dominance of any elite group will never replace the voice of the people in a democratic setup. It is curious that Nwabueze having participated in the making of the presidential constitution under the military, now asserts that the National Assembly cannot give us a constitution. The United States is the originator and primary example of the presidential system that Nigeria follows. Contrary to Nwabueze’s stance, in 1787, it was the US Congress that authorized delegates to gather and

recommend changes to their existing charter of government and Articles of Confederation, which eventually ended in a new form of government and the 1787 US federal constitution. Further, the learned professor’s position that a constitution can only be adopted at a referendum is not supported by constitutional history. The constitution adopted in the United States after the Revolutionary War (1787) was not through referendum, yet, the Preamble says “We the People of the United States”. Also, the constitutions adopted in Germany after the Second World War (1949 & 1990), in South Africa after apartheid (1994 & 1996), and in Tunisia after the Arab Spring (2014), were not through referendum. Whether a constitutional order is approved by referendum or not apparently makes little difference to whether that constitution makes preambular claim to speak for the people and to bear the imprimatur of popular sovereignty. The validity of a constitution is determined by its social acceptance, or its efficacy and not necessarily by referendum. Besides, the United States like Nigeria practices representative democracy in the form of a constitutional republic and not direct democracy. That system does not allow national referendums because the general population gets to vote indirectly on all issues through their representation in either Congress or National Assembly when an issue is tabled. As such, referendum in a presidential system equates to an excess of democracy and is superfluous. Now let’s examine Chief Afe Babalola’s position. A legal icon, Babalola wants President Buhari to convene a Sovereign National Conference, whose decision will not be available for amendment by any legislature or anybody. He says it is simple and

can be done. Then he introduces complexity by further saying that “The legislature and presidency can, together, convene the National Sovereign Conference.” And went further to express doubt that the National Assembly, which is a beneficiary of the “mess we have now” will likely move for a Sovereign National Conference, but he is of the belief that the mounting pressure may clinch it. Experienced lawyers have a way of double speaking and can convincingly argue both sides of an issue. Chief Babalola only succeeded in presenting a truly complex issue, which is by no means simple. We already have a sovereignty in the form of elected executive president and members of the National Assembly. We cannot have a second or parallel sovereignty as there is currently no legal way of doing that, except by abdication of responsibilities by the executive and legislature. Both executive and members of the legislature swore to uphold our constitution in its current form, save for any amendment. Clearly, the president is not above the law, is under the law—not a law unto himself and has no constitutional or legal plank on which to summon a Sovereign National Conference envisaged by Babalola. Babalola did not advocate for a public poll to elect members of his envisaged conference thus leaving the impression that he wants an appointed panel of society elites. But a just Sovereign National Conference must be the result of dialogue that incorporates all citizens and allows for their differences to be adequately addressed. Ultimately, such a conference requires each citizen to have a voice in the framing of the constitution under which they are governed; a complex undertaking. Uwechia is a New York-based Attorney

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T H I S D AY ˾ TUESDAY, FEBRUARY 25, 2020

EDITORIAL THE FEDERAL CHARACTER COMMISSION The FCC has been rendered ineffectual

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ue to the heterogeneous nature of the Nigerian society, the Federal Character Commission (FCC) was created as a federal executive body to implement and enforce the principle of fairness and equity in the distribution of public posts and socio-economic infrastructure. Even when it has not always lived by the ideal, the fact of its existence has helped to douse ethno-religious agitations. Unfortunately, the commission has been practically rendered redundant by the administration of President Muhammadu Buhari given its penchant for making appointments that do not reflect national diversity. To worsen matters, the commission is operating with only one commissioner out of the 37 required by law. The establishment act of the FCC has mandated that it be composed of federal commissioners from each of the 36 states and one from the Federal Capital Territory (FCT), Abuja. As at today, all members of the commission appointed by the previous administration have served their tenure of office, except Ambassador Abdullahi Halidu Shinkafi. So, a board THE ESTABLISHMENT that is statutorily ACT OF THE FCC HAS expected to be occupied MANDATED THAT IT BE by 37 members has COMPOSED OF FEDERAL been left with only one member! Meanwhile, COMMISSIONERS Shinkafi, who is the FROM EACH OF THE 36 acting chairman, is STATES AND ONE FROM himself due to retire by THE FEDERAL CAPITAL April this year. TERRITORY, ABUJA Although it is true that many federal government agencies are without the requisite board members since the president has refused to make some critical appointments, the FCC is too important to be treated with such laxity. The establishment act clearly empowers it to formulate and provide guidelines for government agencies and other employers and providers of service and socio-economic amenities in the country. In addition, the law empowers the commission to monitor

compliance with the guidelines at federal, states and local governments in the distribution of such opportunities and provision of socio-economic amenities. The commission also has powers to compel boards of directors of government-owned companies and other enterprises to comply with the guidelines on ownership structure, employment and distribution of their products.

S 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 HEAD, COMPUTER DEPARTMENT PATRICIA UBAKA-ADEKOYA

ince the operating words in the establishment manual of the commission are ‘to monitor compliance’ and to ‘compel enforcement’, several questions now arise. How can there be compliance and enforcement when the personnel expected to do the works are not there? How would the commission carry out its ombudsman work of ensuring equity in the distribution of public posts and socio-economic infrastructure among the various federating units when it has no board? Against the background that many of the federal government agencies have been making recruitments, who is expected to compel and monitor equity and fairness when the commission established solely for that purpose is gradually being killed by the system? But perhaps more important, if the system has been functioning literally without the FCC, does it mean we no longer need the commission or its raison d’etre is being deliberately subverted? Either way, a more fundamental issue has arisen: When are we going to replace token affirmative action with meritocracy? The last question was raised last week in Kaduna by the Emir of Kano, Muhammadu Sanusi II, and it is one worth considering in light of what Nigeria has become. Although his intervention was on the endemic poverty and loss of family values that have become very prevalent in the north, the emir nonetheless advocated that “The quota system that everybody talks about must have a sunset clause.” While we urge President Buhari to fulfill the law by composing the FCC, it is also clear that Nigeria is suffocating under the weight of incompetence and psychology of entitlement derived from issues of federal character. But until we have a fair-minded leader who sees the entire country as his constituency, it will be difficult to review some of these lingering issues.

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THE CABAL AND THE POWER SECTOR

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he statements credited to the Minster of Power, Saleh Mamman, that cabals in the power ministry are working against government efforts to reposition the power sector for efficiency reverberated like echo for the past few weeks. He further claimed that the “cabals’’ are bent on denying Nigerians electricity, that they have tied the ministry down like a goat that is ready to be killed. If it were in spiritual parlance, we would declare seven days fasting seeking the face of God. But who are these cabals? What are their roles in the society? How can we prevent them from constantly putting us in darkness? Cabals are the untouchables who want to perpetuate themselves in power. They are small but immensely powerful and a law to themselves. Men who wield extraordinary power, who call the shots of government deals at all times and do not necessarily need to follow government procedures or policies. They are faceless with sufficient power to maintain the status quo. They pull strings from afar to achieve their purposes. In Africa, when we recognize few of them, we shower them with encomiums. Yet we cry excitedly in the bosom of our family. We are too humble to demand what is our right. And when the matter gets to head sometimes, we mumble confusedly. That is the loop we find ourselves and that is the

pathetic story of power in Nigeria. We have our votes in our hands and we have our voices to speak out when things aren’t going the way we want. Why are we at this stage? The answer is simple: successive governments have been too timid to deal with the cabal. I strongly believe President Buhari can wrestle us from these cabals and write his name in gold. Perhaps, it was the cabal that has not allowed millions of Nigerians to be metered. The agency designated to handle this keeps giving nothing but estimated bill. Nigerians are being milked on a daily basis. A former member of the House of Representatives and Chairman, House adhoc committee on power sector probe during the sixth National Assembly, Godwin Ndudi Elumelu, revealed that government officials have nearly bled the country to death. He told Silverbird correspondent that a situation where government would spend $1.545 billion on nine gas turbines when 18 of the same equipment were bought for $404 million within a short period is evil and a rape of the nation’s economy. Mr. Elumelu said that Brazil spent $12 billion to generate 12,000 megawatts; Nigeria has spent over $16,000 and still hovering around 3,500 to 5,000 megawatts. What a shame! Olusanya Anjorin, Lagos

WELCOME ON BOARDYOBO

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n the 12th of February this year, former Super Eagles Captain, Joseph Yobo was appointed as the assistant coach of the Super Eagles. He replaced Imama Amapakabo in the team’s technical crew. Yobo, one of the most capped players in the green and white jersey plied his trade in Europe for Everton in England and Fenerbache in Turkey amongst many clubs where he played the round leather game. The 39-year-old represented Nigeria in six Africa Cup of Nations finals – 2002, 2004, 2006, 2008, 2010 and 2013, leading the team to glory in 2013 in South Africa where the Super Eagles under the late Stephen Keshi conquered the continent for the third time. He joins the long list of former Super Eagles players who later emerged as coaches – Daniel Amokachi, Sunday Oliseh, the late Stephen Keshi, Augustine Eguavoen, the embattled Samson Siasia and Christian Chukwu. The Super Eagles Coach, Gernot Rohr kicked against his appointment as he lacks a coaching certificate and formal training as a coach. Another former Super Eagles coach, Chief Segun Onigbinde also kicked against his appointment in an indirect manner when he said that being a successful player doesn’t automatically translate into a great coach.

Many of his former colleagues were also surprised at his appointment. The Chairman of the Nigerian Football Federation (NFF), Amaju Pinnick defended his appointment citing the example of the current coach of Arsenal, Mikel Arteta who successfully transited from being a player to a coach in the top London club. All over the globe, we have players like Jurgen Klinsmann of Germany, Zinedine Zidane of France amongst many others who were successful players and coaches. Even the likes of Sir Alex Ferguson and Jose Mourinho were former players who became astounding coaches. While formal training is good for coaching, it is not absolute that the possession of certificates will make one a great coach. Coaching is more of a talent-based profession and is akin to music, writing and journalism where a certificate may not really be necessary to being a successful practitioner in them. Yobo, being a successful player and coach having played both at home and abroad has the charisma to lead the eagles to victory and to restore the lost glory of the team. Rohr should stop complicating issues and should be open to work hand-in-hand with him and to ensure that one day he is sufficiently groomed well enough to take over from him. Tony Ademiluyi, Lagos

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TUESDAY FEBRUARY 25, 2020 ˾ T H I S D AY

NEWS

Insecurity: Delta Won’t Adopt Amotekun Model, Says Okowa Donates 35 vehicles to security agencies Omon-Julius Onabu in Asaba Delta State Governor, Dr. Ifeanyi Okowa, has said the state was not considering adopting antiopen grazing measure as a security strategy in tackling the spate of farmers-herdsmen clashes across the state. Okowa, however, said he believed there were other effective means of tackling the security challenges posed by nomadic Fulani herdsmen than the nascent ‘Amotekun’ uniform security model initiated by the governors of the South-west states. Also, the governor vehemently ruled out the possibility of giving out an inch of Delta State land as settlements for herdsmen.

He restated his appeal to the federal government to take a definite position that would make it impossible for criminal elements to infiltrate the ranks of genuine and law-abiding herdsmen. Speaking while presenting the first batch of 35 vehicles to security agencies in the state at the Government House in Asaba yesterday, Okowa noted that adopting a uniform regional security architecture was not necessarily the panacea to the nagging security headache in Nigeria. The governor noted that his preference was for the strengthening of an all-inclusive security mechanism in synergy with the conventional security agencies in Nigeria, which

he said was paying off in the state, and commended the Inspector-General of Police (IG) for pushing for community policing in the country. Conscious efforts should be made to avoid midwifing into forcing a security model that

would conflict with the laws of the Federal Government of Nigeria, Okowa stressed, saying the decision by the South-west states must have been based on conviction about what they considered was best for them. Okowa stated that Delta State

was not in isolation as far as the security challenges affecting Nigeria were concerned, adding however that incidents of herders/farmers clashes, armed robbery, kidnapping and cultism have been on the decline in the last few months.

According to him, “As it concerns herdsmen menace, on the part of the federal government, a lot need to be done. We need strong statements on what should be done for the security agencies to further do their work.

Tension as Navy Lays Siege to Ondo Riverine Communities

James Sowole in Akure

Palpable tension enveloped some riverine communities in Ilaje Local Government Area of Ondo State as Naval officers stormed the area in search of some suspected sea pirates who last year allegedly kidnapped two foreigners and killed four naval ratings and bolted away with their arms and ammunition. The action of the naval officers from the Forward Operation Base (FOB) in Igbokoda had been criticised by the people of Gbagira and Awoye communities who said their economic and social lives had been disrupted. They complained that they were prevented from carrying out their economic and social activities as the naval officers moved from house to house in search of arms and ammunition. The face-off between the

community and the naval men had made Ondo State Government to call for cautions. The government, in a statement by the Commissioner for Information and Orientation, Mr. Donald Ojogo, appealed to the men of the Nigerian Navy to deescalate tension in the area by dialoguing with the leadership of the community to achieve positive approach. The state government also called on the community leaders to show enough cooperation and understanding with the security agencies in fishing out criminals and make the waterways safe. Ojogo said: “Ondo State Government deems it pertinent to intervene in the ongoing faceoff between men of the Nigerian Navy and the riverine communities of Ilaje Local Government Area of the state.

DEEPENING COLLABORATION ...

L-R: Chief Executive Officer (CEO) of Union Bank of Nigeria Plc, Mr. Emeka Emuwa; Inspector General of Police, Mr. Mohammed Adamu; and Assistant Inspector General of Police (AIG) in charge of Intelligence, Mr. Ibrahim Lamorde, during a courtesy visit of the banker to the IG in his office at the Force Headquarters, Abuja…yesterday

N30.2bn Fraud: EFCC Re-arraigns Jang, Yusuf on Amended Charges Kingsley Nwezeh in Abuja The Economic and Financial Crimes Commission (EFCC) yesterday re-arraigned the former Plateau State Governor, Senator, Jonah David Jang, and a former cashier in the Office of the Secretary to the State Government (OSSG), Yusuf Pam, before Justice C. L. Dabup of the state high court in Jos on amended 17-count charge. The duo of Jang and Pam are being prosecuted by the EFCC for alleged criminal breach of

trust and misappropriation of Plateau State funds to the tune of N30, 236, 024, 219.88 billion. Before the resumption of trial, the matter had been before Justice Longji, who before proceeding on retirement on December 31, 2019, had struck out the no-case submission of the defendants, particularly on the funds for Small and Medium Enterprises (SMEs), given to the state by the Central Bank of Nigeria (CBN) and that of the State Universal Basic Education Board (SUBEB),

which were allegedly diverted by the defendants. One of the charges read: “That you Senator Jonah David Jang, while being the governor of Plateau State, and Yusuf Gyang Pam, while being a cashier at the Office of the Secretary to the Plateau State Government, between January and May 2015 in Jos, within the jurisdiction of this honourable court, dishonestly misappropriated certain property, to wit an aggregate sum of N4, 357,

195, 000 (Four billion, three hundred and fifty-seven million, one hundred and ninety-five thousand naira), belonging to the Plateau State Government, and you thereby committed an offence punishable under Section 309 of the Penal Code Law of Northern Nigeria applicable to Plateau State.” The defendants pleaded not guilty to the charges, and following their plea, prosecution counsel, O. A. Atolabi, requested for a trial date.

A High Court in Kaduna State yesterday ordered the Correctional Centre, Kaduna, to allow the leader of the Islamic Movement in Nigeria (IMN), Sheikh Ibrahim El-Zakzaky, and his wife, Zinat full access to medical services before taking their plea on April 23. The court presided over by Justice Gideon Kurada, gave the order, after the Controller of the Correctional Centre, Kaduna, appeared before the court at

12 noon yesterday as ordered. Kurada had earlier ordered the Controller to appear to explain why he refused to allow physicians to the two defendants access to them in the facility as directed by the court on February 6. Justice Kurada, the trial judge, at the resumed hearing of the case on February 6, adjourned the case February 24 and February 25 for the defendants to appear in court and take their plea.

Human rights activist and lawyer to the defendants, Mr. Femi Falana (SAN) had on Feb 6 said the defendants were not in court because “Zinat, the second defendant and wife of El-Zakzaky was ill; therefore my clients were not in court.” The IMN leader and his wife Zinat are standing trial on allegations of culpable homicide, unlawful assembly and disruption of public peace, among other charges.

Justice Kurada had granted the defendants’ application to allow them access to their personal physicians to enable them appear in court and take their plea at the next adjournment date of Feb 24 and Feb 25. At the resumed hearing of the case yesterday, Marshall Abubakar, also counsel to the defendants told the court that the physicians were denied access to his clients against the court’s directive.

Senate to Probe Alleged Sale of Court Orders Full Medical Care for El-Zakzaky, Wife NPA Employment Letter Deji Elumoye in Abuja The Senate has resolved to look into the alleged sale of an employment letter of the Nigeria Ports Authority (NPA) to an employee for N3million by the Federal Character Commission (FCC). It has, therefore, mandated its committee on Federal Character Commission and Intergovernmental Affairs, to ensure proper probe of the allegation. The committee Chairman, Senator Danjuma La’ah, said yesterday that his committee will soon commence investigation into the alleged sale of NPA appointment letter for N3 million by the FCC and vowed to get to the root of the matter. According to him, there was evidence of an applicant who reportedly bought NPA job for N3 million from the Federal Character Commission. He added that his committee

has been inundated with underhand dealings that have been going on at FCC. “The Senate Committee on Federal Character Commission has been investigating and we are doing everything possible to unravel those behind the sale of jobs there. I got reports from different people on sale of jobs going on at the Federal Character Commission (FCC). He further stressed that “appointment into government offices for sales at the Federal Character Commission is real. “Someone has forwarded to me a text which is in my phone that he purchased Nigeria Ports Authority job from the Federal Character Commission at N3 million. This is shocking. It makes my heart bleeds, I’m so sad and I am going to take a drastic action in this case. If the Committee finds out this is what they have been doing, we are not going to take it lightly with them.”

FG Not Recording Calls, Others, Says Minister The federal government has described as fake, the news suggesting that all devices are now connected to the Ministry of Communications and Digital Economy’s systems for the commencement of the recording of phone calls and monitoring of all social media platforms and fora. The malicious message also further discourages citizens

from sharing any messages or videos with political or religious content as it is now officially a crime and could even lead to arrest. The Minister of Communications and Digital Economy, Dr Ali Pantami, in a statement, said his office initially ignored the message so as not to give undue attention to the originators.

He said but the efforts of well-meaning Nigerians to get clarity and the need to ensure that all Nigerians are properly informed, has necessitated this disclaimer/public awareness. “We are at a point in our nation’s history where the focus is on digitalising the Nigerian Economy for the greater good of all, and divisive messages such as

these are mere distractions,” the statement noted. It added that when the minister was the DirectorGeneral, National Information Technology Development Agency (NITDA), he initiated and passed the Nigerian Data Protection Regulation (NDPR 2019), which exists to protect the privacy rights of every individual.

TUESDAY FEBRUARY 25, 2020 ˾ T H I S D AY

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NEWS

Court Strikes out False Declaration of Assets Charges against Ekweremadu Alex Enumah in Abuja Justice Binta Nyako of the Federal High Court in Abuja, yesterday struck out the criminal charge filed against the former Deputy Senate President, Senator Ike Ekweremadu, for lack of diligent prosecution.

The disbanded Special Presidential Investigation Panel on Recovery of Public Property, headed by Okoi Obono Obla, had on May 11, 2018, dragged Ekweremadu before the Federal High Court Abuja Division over allegations bordering on false assets declaration. While proceedings were

NLNG Retirees Form Association Retired members of staff of the Nigeria LNG Limited have united themselves under an association known as ‘NLNG Alumni Association,’ which has been registered with the Corporate Affairs Commission (CAC) as a legally recognised organisation. According to a statement issued yesterday by the body, the association was formed with the sole aim of connecting with one another through strong relationship development between members of the association and the Nigeria LNG Limited, its subsidiaries and communities, among others. It also instituted a five-man board of trustees (BOT) headed by Dr. Grant Akata, who retired as the Managing Director of

NLNG Ship Management Limited (NSML). Other members of the BoT are Mrs. Gloria Ita Ipkeme, Mrs Adesua Atanda, Alhaji Iliyasu Ibrahim Gadu and Captain Charles Ohanwe. The group also said it has elected its leaders to run the affairs of the association on a three-year single term which is renewable for another term. The names of the officials and their portfolios are: Charles Okon, Chairman; Yejide Wyse, Vice Chairman; Edith Unuigbe, Legal Adviser; Bako Nanzing, Secretary; Ismail Damisa, PRO; Tola Oluufemi, Welfare Officer; Patience Olojo, Financial Secretary/Treasurer; Tajudeen Lemboye, Internal Auditor; and Kayode Atanda, Ex-Officio Member.

ongoing in the matter, the federal government disbanded the panel, with the office of the Attorney General of the Federation (AGF) taking over all cases it was handling. When the matter was called yesterday, the trial judge struck out the suit due to lack of diligence in its prosecution. Though, a counsel from the office of the AGF, Mr. Pius Akuta announced appearance , Justice Nyako ruled that the prosecution is at liberty to re-file the charge when they are ready. She said that if the AGF

had difficulties taking over the prosecution of the criminal case against the former deputy Senate President, the AGF knows what to do. According to the judge, the court would not make an order against the disbanded panel or an individual over the case file which the prosecution counsel said they have difficulty retrieving. Akuta had earlier in his submission opposed the motion by the defendant’s counsel, Mr. Adegboyega Awomolo (SAN) that the charge be struck out.

He also opposed an indefinite adjournment but prefers a short adjournment although he was not in possession of the case file. Earlier when the matter was called , Awomolo insisted that his objection to the competent of the charge and jurisdiction of the court should be determined first. But Justice Nyako declined Awomolo’s request. She said until she is seize of the criminal matter and the defendant - Ekweremadu is in the duck and counsel announced appearances, the

court would not take step on the matter. The panel had in May 2018 charged Senator Ekweremadu for false declaration of assets. Meanwhile, the two other consolidated suits dealing with the forfeiture of Senator Ekweremadu’s 22 properties has being adjourned to April 28, 2020. Justice Nyako refused the defendant’s counsel application seeking to strike out the suits on the grounds that the consolidated suits were for mention.

Alleged N400m Fraud: Metuh Knows Fate Today Alex Enumah in Abuja Justice Okon Abang of the Abuja Division of the Federal High Court will today deliver judgment in the alleged N400 million fraud charges brought against the former spokesman of the Peoples Democratic Party (PDP), Chief Olisa Metuh. Justice Abang on November 26, 2019, had fixed judgment for today after counsel to parties in the suit adopted and argued their final written addresses. The judgment, if delivered today, will end the four years of fierce legal battle, which started in January 2016. While Metuh and his team

of lawyers would be expecting a discharge and acquittal from the charges, the prosecution on the other hand, is praying the court to find Metuh guilty and sentence him accordingly. Metuh and his company, Dextra Investment Nigeria Limited, were in 2016 arraigned on a seven-count criminal charge, by the Economic and Financial Crimes Commission (EFCC) of receiving N400 million from the Office of the National Security Adviser (ONSA) without any contract. They were also accused of laundering $2 million and conversion of public funds into private use without going through any financial institution. They, however, pleaded not

guilty to the charges. At the last proceedings on November 26, 2019, the prosecution counsel, Mr. Sylvanus Tahir, had urged the court to convict Metuh on the grounds that he had led credible evidence against the defendants. The prosecution before closing its case against the defendants, called eight witnesses and tendered some documents to support its case against Metuh and his company. Among the documents is a bank document, which captured the details of the transactions carried out by Metuh and his company. However, the defendants, led

by Mr. Abel Ozioko and Mr. Tochukwu Onwugbufo (SAN), for the first and second defendants respectively, urged the court to discharge and acquit them on the grounds that the prosecution has failed woefully in establishing any case against the defendants. Metuh on his part, called 15 witnesses to prove his innocence of money laundering charges brought against him by the federal government. In his evidence, he said the N400 million he received from a former National Security Adviser (NSA), Colonel Sambo Dasuki (rtd), was for a national assignment as directed by the then President, Dr Goodluck Jonathan.

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T H I S D AY ˾TUESDAY FEBRUARY 25, 2020

POLITICS

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

Longjan’s Death Throws up Fresh Political Permutations in Plateau Seriki Adinoyi examines the power play currently trailing the recent death of the Senator representing Plateau South in the National Assembly

Lalong

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he recent death of an elder statesman in Plateau politics and Senator of the Federal Republic of Nigeria, representing Plateau South senatorial district, Mr. Ignatius Longjan has not only thrown the entire Plateau into mourning but has set a new stage for political permutations that may have ripple effects into the 2023 elections, especially in the zone. As condolences and tributes have continued to pour in politicians, on the other hand are not leaving anything to chances as they have begun to consult on the likely successor of the late Senator. It was gathered that serious political maneuvering has begun ahead of the by-election that may hold in less than 90 days. The need for maneuvering is not far-fetched; the vacated seat is in the senatorial zone of the sitting Governor of the state, Mr. Simon Lalong, and it was gathered that the Governor, like many other second term Governors may be planning to go to the Senate after his tenure as Governor. Although Lalong has not made this public, many political observers have said that his body language constantly betrays such plans. A similar scenario played out in the last administration of Jonah Jang when a serving Senator representing Plateau North, Gyang Dantong died. Jang smartly worked for his replacement with his then Chief of Staff, Gyang Pwajok. Pwajok simply gave way when Jang completed his tenure as Governor and wanted to proceed to the Senate. Lalong would obviously want a similar arrangement too with someone that will not constitute a headache for him when the time comes for him to proceed to the Senate as has become the norm for past Governors. It is, however, also believed in some quarters that Lalong is being penciled down for the position of Vice President 2023, but the Governor will definitely not trade with his senatorial seat over an unsure vice president position. The Minister of Women Affairs, Dame Pauline Tallen, who had contested for the senatorial seat in the 2019 elections but was ousted during the party’s primaries, is believed to still have an eye on the seat. She may want to take over the seat when her tenure as minister expires in 2023. Tallen, it was learnt, lost to Longjan in the primary elections not because Longjan was a better or more famous politician, but because Lalong feared that if Tallen was allowed to take the seat, she may not be ready to relinquish it in 2023. So he preferred Longjan who was rather meek, loyal and not so ambitious, and would therefore have

Tallen been an easy nut for Lalong to crack. But now that death has ultimately shattered the permutation, they both may have to go back to the drawing board. Tallen’s ministerial appointment was largely attributed to Mrs. Aisha Buhari given that she was known to be embedded in the inner caucus of the First Lady. Her appointment definitely had no input from Lalong. The duo have, however, been pretending not to be involved in the cold war. Lalong recently helped to bury insinuations of bad blood between him and Tallen when he made a bold appearance at her inauguration party in Abuja in August. Both the minister and the governor on the surface extended warm feelings for one another at the occasion. The Governor had said at the occasion, “You should not listen to gossip from people who don’t mean well for Plateau. There are people who would sow seeds of discord between me and the minister for their selfish gains. Don’t listen to them.” Tallen was also on ground to celebrate with Lalong on his Supreme Court victory. However, the death of Senator Longjan has now thrown up fresh power play that may be unfolding in no distant time. With their eyes on the senatorial seat, the Governor and the Minister are believed to be interested in having their candidates win the re-run; the candidates that will of course be loyal to them and will be willing to relinquish the seat to them when 2023 comes. In doing their permutations, the two must put into consideration that they both come from the same Local Government Area of

Longjan Shendam. They can therefore be described as kinsmen. Having produced the Governor and the Minister, the Senator should go to other tribes in another Local Government Area (LGA) for fair share of power. One major tribe in the Senatorial zone that is large and occupying about three LGAs is the Tarok. They occupy Langtang North, Langtang South and half of Wase. Their population in the zone is a major deciding factor in the election. “The reasons a Tarok candidate lost out in the senatorial election in 2019 was because they were vying for too many positions; they wanted to produce the Governor in the person of Jeremiah Useni, they fielded Mr. Kefas Lar for the Senatorial seat, and also wanted the House of Representative seat when they presented Beni Lar. So, the electorate felt they were asking for too much, and so they lost out in the Governorship and the Senatorial contest and were only able to get the House of Reps position,” a politician, Dr. Mark Dachom had observed. Dachom, however, said that the game has now changed since they have lost out to Shendam in the Governorship contest and even the Ministerial slot has equally gone to the same Shendam. They will put their house in order this time, use the power of their number to ensure that they get the Senate seat this time. With this reality, Lalong and Tallen may need to fraternize with the Tarok to make a choice of a candidate for the by-election. But the said candidate must be a loyal one that will be willing to hand over the seat

With their eyes on the senatorial seat, the Governor and the Minister are believed to be interested in having their candidates win the re-run; the candidates that will of course be loyal to them and will be willing to relinquish the seat to them when 2023 comes. In doing their permutations, the two must put into consideration that they both come from the same Local Government Area of Shendam. They can therefore be described as kinsmen. Having produced the Governor and the Minister, the Senator should go to other tribes in another Local Government Area (LGA) for fair share of power. One major tribe in the Senatorial zone that is large and occupying about three LGAs is the Tarok

in 2023. But the big question is who will this loyal Tarok man be, that will be ready to relinquish the seat in 2023? The Taroks are known to be strong-willed, and very independent in their thinking, and could pull a surprise at any time. So, in making their choice of a loyal Tarok man, they may need to be very careful. Truth is that the crop of Tarok politicians that are currently parading the corridor of the All Progressive Congress (APC) in the state are very interesting chaps. One will need more than mere discerning power to read their mind and trust them to relinquish power in 2023. But it is a shot that the Governor and the Minister must take if they must have their candidates there going by the enormous voting power the Taroks wield in the Southern Senatorial zone. In the event that both the Governor and the Minister settle on their choices of a Tarok, the Governor will be expected have an upper hand over the Minister in the by-election. Tallen is believed to play more of Abuja politics as against Lalong who is believed to be more on ground in playing state politics. Lalong’s Commissioners and local government Chairmen in the zone will be an added advantage for the Governor to prosecute his ambition. A political observer had once said that Tallen has never won any elective position in Plateau. He added that she only rode on the goodwill of Jang to become the Deputy Governor in 2007, adding that the people actually voted for Jang and not her. She is, therefore, not seen as one that will be able to square it up against Lalong. But she can also not be underrated as she could pull a surprise. The Peoples Democratic Party (PDP) will also be aiming high for the position, and could play the role of a spoiler in the game. Incidentally, neither Lalong nor Tallen will be willing to align with the PDP going by antecedents. It is not sure if Kefas Lar will want to give it a shot on the platform of the PDP again. If he is willing to do so, he may garner more votes this time, especially if the Minister and the Governor decide to look elsewhere outside Tarok for their candidates. Who knows, Lalong may want to try the current member of the House of Representatives representing Mikang/Qua’anpan/ Shendam Federal Constituency, Mr. Alphonsus Komsol. The death of Longjan, no doubt has upset the political dynamics of Plateau South and only time will tell how players in the zone will dribble their way through.

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T H I S D AY ˾ TUESDAY FEBRUARY 25, 2020

POLITICS

In Kwara, the Opposition is Collapsing Hammed Shittu writes that the Peoples Democratic Party in Kwara State is in disarray, as its members switch loyalty to the All Progressives Congress

Abdulrazaq

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here is no doubt that, a new twist has manifested in the political calculations of Kwara state, in view of the recent pledging of loyalty and support of some leaders of the opposition, Peoples Democratic Party (PDP) to the ruling All Progressives Congress (APC) government of Governor Abdulrahman Abdulrasaq. The government which came into office on strength of the political mantra, “O to Ge” (Enough is Enough) has since changed its slogan to ‘Ise Ti Ya’ (Work Has Commenced). The reason for the development is not farfetched as residents of the state who came out enmasse to vote for the APC during the 2019 general election are yearning for more dividends of democracy. In view of the fact that government is a continuum, there is the need to bring more goodies to their doorsteps than they have benefited from past governments in the state. It is based on this premise that, the residents of the state decided to come under the political banner of “O To Ge” movement to challenge the status quo in the state led by the scion of the late strongman of Kwara politics and immediate past Senate President, Dr. Bukola Saraki who is also the leader of the Peoples Democratic Party (PDP) in the state. At the end of it all, the APC leadership which had personalities like the Information and Culture, Minister, Alhaji Lai Muhammed, the Minister of State (Transportation) and sister of Dr. Bulls Saraki, Senator Gbemisola Saraki, Chief Iyiola Oyedepo, the state chairman of the party, Hon. Bashr Bolarinwa, former Vice Chancellor of University of Ilorin, Professor Shuaib Oba Abdulraheem, former Secretary to the State Government (SSG) Senator Ahmed Ahmed, Alhaji Ndagene, among others worked in unity and commitment to ensure all the electoral seats at both the state and national assemblies were delivered to the APC in the 2019 national elections in the state. Apart from this, their efforts were also crowned with the winning of the governorship position of the state that produced the incumbent governor Abdulrasaq as the sixth elected governor since the creation of the state in 1967. However, since the ouster of the PDP from governance of the state, the party has not lived up to its expectations as an opposition party thereby failing a to provide the necessary checks and balance to the ruling APC in the state. Apart from this, the PDP leaders who were supposed to be a rallying point for the party and members have since stayed away from the state after the last general election which political pundits believe has led many of the members of the party to seek greener pasture in other parties, especially the APC. It would be noted that, the Saraki dynasty has been in total control of the political arena of the state for the past 40 years to the extent that, no politician in the state would take any political position either elective or appointments without their approval approval. Late Dr. Saraki was also a former Senate Leader in the

Saraki aborted Second Republic. Senator Gbemisola Saraki was also elected into the senate between 2003-2007, while Dr. Bulls Saraki was also elected into the Senate between 2007-2015 and later emerged as the Senate President during the period. Councillors, chairmen, state and national assemblies members, political appointees among others could not get the ticket on any political platform used by the Sarakis without their consent. No wonder, almost 75 per cent of politicians in the state passed through the political dynasty of the Sarakis in the state. Even, some of them are still leading the space in the ruling APC in the state. Some of them have occupied political positions during the period under review. However, since the emergence of the new leadership of Governor Abdulrahman Abdulrasaq, he has been working round the clock to ensure that all the politicians who are still with Dr. Saraki in the PDP are brought into the APC. The development, according to THISDAY checks might not be unconnected with the alleged abandonment of some of the PDP leaders after the polls. Although, there is still perceived internal wranglings in the ruling party in the state, the development has not stopped the governor from making contacts with the who-is-who in the state especially among the PDP followers to woo many of them into APC. The development according to political pundits in the state might not be unconnected with the governor’s plan to strengthen his own political structures aside of the party structure ahead of future polls. It was borne of this fact that a motley new groups have emerged with different names to work for the governor’s success. We have the likes of ‘Abdulrahman Abdulrasaq’ (AA) support group, ‘Friends of Abdulrahmam Abdulrasaq’ (FAA) support group and ‘Iseya Support Group’ among others have emerged across the 16 local government councils of the state ahead of the planned local government council polls in the state as the governor needs to develop a network of his own people. Sources close to the party told journalists

that, the party machinery was also said to be waiting in view of his alleged “one man show” of running the day-to-day administration of the state since he assumed office with the composition of the state executive council without recourse to the leadership of the party despite their joint efforts to oust Saraki dynasty from power. The ugly development according to political pundits in the state may have created a division between the governor and some leaders of the party especially those that started the “O to Ge” movement in the state before the governor eventually dumped the PDP for APC when Dr. Saraki returned to the PDP in the state. But, this perceived internal crisis in the party has not affected the day-to-day running affairs of the state under govenor Abdulrasaq led administration as various government programmes have been going on smoothly without any hindrance. Various developmental projects in the area of roads, health, education, agriculture, civil service development among others have been the hallmark of the administration in the past eight months. However, since the unprecedented outing of the new administration in the state and new approach to the governance in Kwara under governor Abdulrasaq, some top opposition PDP leaders recently paid a visit to the governor at Government House, Ilorin to pay their unalloyed loyalty and support to his government. The recent solidarity visit to the governor at the Government House, Ilorin might not be unconnected with the series of meetings the PDP leaders had been having with him on their plan to join the APC. At the visit, the PDP leaders said that, the governor’s leadership style, humility and attachment to the poor have brought a breath of fresh air to the state since he took over the mantle of leadership. The top PDP leaders include former Commissioner for Information, Hon. Ben Duntoye, former member of the House of Representatives representing Patigi/Edu/Moro federal constituency, Hon. Yahaya Yunusa, former Permanent Secretary in the state,Hajia Bilikisu

Since the unprecedented outing of the new administration in the state and new approach to the governance in Kwara under governor Abdulrasaq, some top opposition PDP leaders recently paid a visit to the governor at Government House, Ilorin to pay their unalloyed loyalty and support to his government. The recent solidarity visit to the governor at the Government House, Ilorin might not be unconnected with the series of meetings the PDP leaders had been having with him on their plan to join the APC

Danni, suspended Ifelodun local government council chairman, Mr. Garba Labaka, Alhaji Obalola Suleiman, among others. The PDP leaders also comprised at least six suspended council chairmen, women and several youth leaders. The meeting was attended by top government officials and politicians including Senior Adviser and Counsellor Kale Belgore; Special Adviser (Political) Saadu Salau; Special Adviser (Special Duties) Yinka Aluko; and Senator Suleiman Ajadi. They stated why they have switched political party allegiance, “We can see a difference and people can feel that they have a government. The situation has changed in the area of road construction, water, health. You have also brought unmatched humility to governance.” In his remarks at the meeting,. a PDP chieftain, Alhaji Obalola Suleiman, from Ifelodun local said at the meeting said, “You have started very well and our people are happy. We urge you to continue along that path. We are willing to work with you for the overall interest of our state.” Also speaking, Hon. Duntoye, who aligned with Alhaji Obalola said, “You are a silent achiever. We can see things for ourselves and we want to be a part of this success story. We can see that you are doing more work than talk. This is evident in our various communities.” A former federal lawmaker from Kwara North popularly called, “Bulldozer”. Hon. Yinusa, who also commended AbdulRazaq’s leadership said, “The next few months would record influx of thousands of opposition figures into the ruling APC on account of the Governor’s sterling effort to reposition Kwara. I am not surprised at the positive turn of things in Kwara. We were in CPC together and I can tell the great roles you played in assisting many of us who were contesting at the time. Your work is really speaking for you.” Alhaji Labaka, a suspended chairman of Ifelodun local government area, commended the Governor for his “unrivalled tolerance and political maturity”, saying the Governor has neither stopped their salary nor subjected them to harassment as was the case in some other states. This clearly sets you apart as a great leader. We are very grateful to you for your tolerance and large-heartedness,” he said, adding that he has the mandate of all his colleagues to thank the Governor as well as appeal to him to return them to office. Hajia Sanni, a retired permanent secretary and PDP chieftain, said the Governor has made history as the most gender friendly leader in the history of the state. “We will continue to be grateful to you for this singular honour you’ve done to us as women. You have also changed the face of governance. It’s an entirely new pleasant experience for the people of Kwara a State,” she said. NOTE: Interested readers should continue in the online edition on www.thisdaylive.com

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FEATURES

Group Features Editor: Chiemelie Ezeobi Email chiemelie.ezeobi@thisdaylive.com, 08038901925

Localising Security, Safety in Africa Chiemelie Ezeobi writes that the recent Memorandum of Understanding signed by Security Watch Africa Initiatives and Tshwane University of Technology, South Africa, is geared towards localising security and safety in Africa through home-based trainings tailored to meet the peculiarities of each country

A

wise man once said the solution to African problems is in Africa. This is a saying held dearly by the President and CEO, Security Watch Africa Initiatives, Patrick Agbambu. In the area of security and safety, it is truism that no meaningful development can take place without security. This is because security is paramount in any endeavour. A firm believer that for African nations to contain the increasing insecurity plaguing the continent, member states must work together in joint security management, Agbambu in advocating for home-based lasting solutions recently led the SWAI team to Tshwane University of Technology (TUT), South Africa to sign a Memorandum of Understanding (MoU) for trainings for the police, traffic officers and those in the correctional services. At the signing were DVC, Teaching, Learning and Technology, TUT, Prof. Stanley Mukhola; Acting Executive Dean, Faculty of Humanities, TUT, Prof. Mashupye Maserumule; President and CEO, Security Watch Africa Initiatives (SWAI), Patrick Agbambu; President and COO, Higher Education Partners Africa (HEPSA), Nick Kendall; HOD, Dept of Safety and Security Management, TUT, Prof. Jacob Mofokeng; Assistant Professor, Dept of Safety TUT, Prof Adewale Olusola (a Nigerian); Faculty Marketer, Ms Lerato Motsisi; Managing Director, HEPSA, Ms Varaidzo Mhangami; Academic Services Director for HEPSA, Ms Sarietjie Musgrave; and SWAI SA Coordinator, Ruth Denton. TUT’s Solid Partnership Speech upon speech, it was overwhelmingly glaring that the TUT body were solidly behind the partnership. In his speech, the Acting Executive Dean, Faculty of Humanities, TUT, Prof. Mashupye Maserumule, expressed pleasure about the partnership. He said: “If you look at what we are doing in the department, you look at what Africa Security Watch Initiative is doing , there is a high degree of coherence. We have decided to partner them because what we are doing will subsequently help the continent. “Also I was looking at some of very important questions that AU Agenda 63 is asking, particularly as it relates to safety and security. And the important point that they are making is that there is no way that we can talk about the development of Africa if we don't address issues that relate to safety and security. “Specific questions that are asked and requesting us to answer relates to key safety and security challenges facing Africa and they request us to conduct research and when I look at all these things they are talking about, I can clearly see that if indeed the African leaders are communicating with and sharing ideas on safety and security in Africa. “I'm saying this because I'm happy because they constitute the basics of our MoU. Perhaps, an important task that we need to start to look into as part of the MoU is how can we get into the African Union research agenda and make sure that we contribute extensively”. Stressing that the MoU should not just end on paper, the dean added that the partnership was an excellent one given that the said department has always raised the bar as the best in the faculty, especially in the areas of research. Also speaking, the DVC, Teaching, Learning and Technology, TUT, Prof. Stanley Mukhola, thanked SWAI for embracing the proposal that they can work together in this aspect of safety and security. “The citizens of Africa wants to be safe all the time. We are working very hard as a faculty and as a university to establish research which is very critical. This is one department that strives in the research agenda. Ours is to do the best we can, so we are there for

Patrick Agbambu, President and CEO, Security Watch Africa Initiatives and Prof. Stanley Mukhola, DVC, Teaching, Learning and Technology, Tshwane University of Technology, South Africa signing the MoU while the SWAI, TUT and HEPSA Team you. And the purpose of this is also to be in partnership with our colleagues who are here today because we can't do this alone. We need other partners to drive the agenda of research, and the community engagement. “I am very happy this morning that I will be signing this MoU on behalf of the university and to remind us that it’s not just an MoU for the sake of MoU, it must be an MoU that is alive so that by the end of the year we will be able to give tangible output to say this is the MoU that has been signed to ascertain safety and security. This will enable us make a serious effect. We need to make sure that whatever we commit to, we adhere.” Afterwards in an interview with THISDAY, the HOD, Prof. Jacob Mofokeng, said what they are offering is just a generic qualification, but in terms of short learning programs, they we will be able to streamline the trainings to each country if there is a particular need. He also talked about the need to have a unified security structure in Africa. He said: “It is indeed right time that we will have to come together as Africa to be able to look at issues affecting Africa. It is definitely. It is very must imperative that we have that unified body that will be able to look at issues and come up with measures and strategies to make Africa a safer continent.” HEPSA’s Online Expertise To bring the partnership to bear, the expertise of Higher Education Partners Africa (HEPSA), the online programme manager, for TUT is needed. According to HEPSA President and COO, Nick Kendall, the Johannesburg-based organisation is an online programme manager that brings education to a much wider community using online modalities that cut across to the international sphere from the borders of SA. He said: “We feel passionate about the online modalities. Our expertise is bringing the skills and technology to a wider market. For the partnership with TUT, we utilise their academic content and our expertise is to leverage it to an online modality. We are part of a world leading programme manager,

Academic Partnerships, an American-based company which has run successfully for the last 20 years. So, we leverage their expertise.” SWA’s Stance In his response, Agbambu said he is looking forward to a very successful implementation of the MoU because it will help to improve safety and security in Africa. He said for now, the implementation will start with the security agencies in West Africa; Nigeria, Ghana, Gambia and Sierra Leone. “Right now, we have gotten several approvals. We are only waiting for this MoU so then we can activate all that has been setup for the startup. I want to promise that it’s not just going to end at the document that will be signed today. We are going to kickoff immediately to ensure that its a reality so that Africa will benefit from this. “I have also said that there is no meaningful development that can take place in Africa or any part of the world if security is not taken care of. The biggest challenges we have in Africa is the issue of security and I believe that once it’s taken care of, then every other development starts. “In West Africa, we are happy because we identified this department in this university. I want to say that this is the only university we can boast of that offers security and research programs and traffic management and there are millions of personnel who wants to advance their future if only they can get it. “That's why we are happy with this department particularly, with the various programs, the online program and the certification programs coming up. At the end, it’s to have a better Africa and I also key into the slogan of the university which is ‘to empower people’. We want to empower our people to ensure security becomes better in our continent,” he added. Objectives Afterwards in an interview with THISDAY, Agbambu gave a breakdown on the modalities of the MoU. Harping on the objective of the programme and partnership, he said: “I believe that for people to actually call themselves

professionals, they need to study the field very effectively. In Nigeria, all parts of West Africa, and largely most African countries, in the study of policing, we have police officials who practically did not study policing. And it's something that you can't say you are a professional if you don't understand what you are doing. “So, we identified a university in South Africa that offers not just degree program but up to masters and doctorate in policing, correctional services and traffic management. We believe that there is need to offer opportunity to the personnel, particularly the police, correctional services and traffic management to study policing and their various fields. “Again it's to offer them a better perspective of policing in other environment and be able to see policing in a global view. In line with our vision of Africa being able to solve its own problem; many a times you see African countries invite police experts from the European or Americans to come and conduct a training or the other for police personnel in Africa, without them understanding the internal mechanism of the society. There is no way you can successfully operate as a policeman if you don't understand the locality from where you are operating. “Hence there is need to understand the sentiments of the people that you are to police. And that's why we believe that an African university that can help to coach and educate our people in practical policing and proper policing would be of an advantage.” MoU Procedure On the procedures taken before signing the MoU and what it portends he said: “The signing ceremony which we just witnessed took almost a whole year before coming to being, if not more. This was because, so many areas had to be considered. First and foremost, the university offered the idea which we accepted, but there are other areas bothering on due diligence they needed to check. “The genuineness and authenticity of our organisation and capabilities. Then it went through the test, from the mechanism of the

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FEATURES university and then the standard, before it was finally approved that a draft Memorandum of Understanding (MoU) should be prepared, which was prepared to incorporate various forms of training. “This is because we believe that we have large number of policeman who did not have the opportunity of going to the university, they do not have degree; and in this age and time where it's important to advance your studies, we believe that the arrangements which are imbedded in the MoU, which part of it is to carry out online courses for personnel who would be interested in studying policing, is very important. It's one of the ways we want to educate them. “Another is, quarterly certification course on specific security challenges that confronts Africa. Mind you, our idea is to localise. Have a common ideology in the whole of Africa, irrespective of the peculiarities associated with individual countries. There are general issues that has to be looked into, such as human rights abuse and the likes. And all these have been captured in the MoU, which is why we came to sign so that the proper implementation of the spirit of the MoU can be carried out.” Funding One of the most important aspects of the training is the issue of funding for the courses. On who funds the policemen Agbambu said: “We are currently in discussions with three police agencies spread across Nigeria, Ghana and the Gambia. In Ghana, the system is slightly different from what we have in Nigeria. In Nigeria, for any police officer who wants to advance himself or herself, they have to personally fund it. In Ghana system, policeman who wants to advance himself can seek for advice on funding from the system. And once it’s approved they should be provided. The same in the Gambia. “Incidentally, the largest number of policemen are in Nigeria. For instance, Lagos Police Command has over 28,000 police officers. Whereas, in Ghana; the whole of Ghana put together, their police is not up to 25,000. Perhaps, that's why it's easy for other countries to fund the training for their police. However, for Nigeria, those who wants to personally develop themselves, the current Inspector General of Police (IG), Mohammed Adamu, being someone that has also undergone several of these courses though self-sponsorship, has expressed his support of sponsorship for officers who are willing to take the training for personal self improvement. “It's in the area of the courses and seminars that the police as a body would be sponsoring them. But for those who wants to go for three courses, or a quarterly certification training would have to cater for themselves.” On affordability Agbambu said: It's one of the things that we worked out. Tshwane University of Technology, South Africa, is one of the universities that believes in free education. In fact, currently, 90 per cent of the resident students of the school are on free education. They believe that people must not pay through their noses to acquire free education. Hence with the partnership, we have had an understanding that since these individuals are paying by themselves, the fees would not be so much. And the beauty in it is that, it is also spread overtime. “There is a partner known as the Higher Education Partners Africa, which is also partnering the university and has designed a model to help the funding and the delivery of these courses to the people much easier and cheaper.” Possible Challenges According to Agbambu, the only challenge they are likely to face would be the issue of technology. This is because technology should be available for these students in their localities and various places where they are serving to be able to do online courses and the likes. “We have identified this as a challenge, and in two weeks time, we would be returning to South Africa to see how we can get support for every student who indicates interest to study, so to make the technology easier for them. “And when we talk about these technologies, the tools are one, the energy itself to power the tools is another one. Environment is also another issue and many more. Hence we have set a goal of four weeks period, to solve all these hurdles of the issue of funding, making

L-R: Nick Kendall, President and COO, Higher Education Partners Africa; Prof. Stanley Mukhola, DVC, Teaching, Learning and Technology, Tshwane University of Technology, South Africa; Patrick Agbambu, President and CEO, Security Watch Africa Initiatives; Prof. Mashupye Maserumule, Acting Executive Dean, Faculty of Humanities, Tshwane University of Technology, South Africa; and Prof. Jacob Mofokeng, HOD, Dept of Safety and Security Management, Tshwane University of Technology, South Africa

The TUT, SWAI and HEPSA team after the signing of the MoU it much easier for the people, and also the issue of technology to handle it. But I bet you, that it's something that would be very affordable and the process of payment would be much more easier for them,” he divulged. Incorporating Correctional Services, Traffic Agencies Incidentally, he said Nigeria has a peculiar situation. “The Nigerian Police, which is the lead agency in the entire security, has a traffic unit. But some states in Nigeria have also set up some traffic management agencies themselves. We have spoken to some of those states that have traffic management agencies and they have expressed willingness that that would like their officers who are interested, to take up the opportunity. “For correctional services, we are to approach them to see. Because in actually facts, South Africa has one of the models in terms of correctional services. Hence we believe that, it's not enough for people to go and study and get a degree, but there is need to emulate the pattern of South Africa correctional services which is today, closed to what is practiced globally. “In Nigeria, we don't have such yet because of some obvious reasons. We believe that the opportunities that this MoU offers would help to expose the personnels of Nigerian Correctional Service to the modern ways of handling their jobs”, he clarified. Modalities On whether the students would have need to come to South Africa, Agbambu said they will because, unlike other online courses that is done in some places. “We believe that there is need for the students to have a feel of the environment. It does a lot for the students themselves. That's the difference between doing it in far European countries and doing it within Africa, where they would have to meet most of their lectures whom they have

been listening to or watching, meet them one on one, and also meet other students themselves and be able to have that impact of friendship. Hence we have designed it in the sense that, periodically as they do their course, they would have to come to South Africa”, he noted. Touching on the period of the available courses and its timetable, SWA CEO said for the degree programs, it's a normal four year course. “It's just exactly how the university program runs. They are only adopting the lectures into online to make it much easier and widely reach other people. And the lectures are at your own convenience. At your own convenience, you log in, listen, do your assignment and submit. “The current one they are running is a fixed time, but we told them that because of the nature of these people who are already at work, most of them have different work hours, hence it would not work. They listened to us and redefined it to fit into every student’s schedule. But of course, if there is a lecture that has been put on the portal, you must be able to do the assignment within a week and submit, so you can move ahead”. What to Expect For students who desire to join the programme, a breakdown of what to expect is necessary. The school offers a Diploma in either Correctional and Rehabilitation Studies, Policing or Traffic Safety and Municipal Police Management. They also offer a National Diploma in either Correctional Services Management, Policing or Road Traffic and Municipal Police Management: Municipal and Traffic Policing. Also they offer Advanced Diploma in either Correctional and Rehabilitation Studies, Advanced Diploma Policing or Traffic Safety and Municipal Police Management. They also offer the Baccalaureus Technologiae (Bachelor in Technology) in either Policing or Road Traffic and Municipal Police Management:

Municipal and Traffic Policing. For the Master’s Degree, it’s in Policing. They also offer a Magister Technologiae (structured) in Policing, as well as a Doctoral Degree in Policing and a Doctor Technologiae in Policing. About Security Watch Africa With a mission to bridge the gap of information that exists between security providers and users; between government and the governed, SWA was formed. This was to provide an avenue for meaningful cross-fertilisation of ideas by security stakeholders. According to Agbambu, their vision is to see a security conscious African society, governments at all levels and in Africa’s CSR (Corporate Social Responsibility), with the end game being to see well motivated and informed security operatives in Africa. In doing this, they seek to create security awareness and consciousness through their flagship television programme, which is being beamed to the world on Africa Independent Television (AIT) since 1997, where they extensively discuss and report security related information, issues and events against contemporary realities and experts in the industry present personal and professional opinions on the programme. Secondly, they have the SWAI Awards which was initiated and inaugurated in 2004, with the aim to recognise, appreciate, encourage and celebrate individuals, governments, agencies, brands and companies who have excelled in security administration, practice and governance in Africa. Thirdly, the SWAI lecture series which was introduced in 2005 aims at identifying security problems affecting Africa and her people, discussing these problems and proffering actionable solutions. This they do by drawing from the wealth of experience of security decision makers and professionals, both within and outside the continent to facilitate the lectures.

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TUESDAY FEBRUARY 25, 2020 •T H I S D AY

A

WEEKLY PULL-OUT

25.02.2020

IMO AND BAYELSA: JUDICIAL CONUNDRUMS?

Bayelsa State Governor, Douye Diri.

APC Chairman, Adams Oshiomhole

Imo StateGovernor, Hope Uzodinma

David Lyon

Biobarakuma Degi-Eremienyo

Hon. Emeka Ihedioha

2/DASHBOARD

25.02.2020

Court with Jurisdiction to hear Enforcement of Fundamental Rights Action against Federal Government Agency PAGE 4

Egbe Amofin Reaffirms Adesina, SAN as Candidate for 2020 NBA Presidency PAGE 5

Ekiti MOJ to begin translation of Laws of Ekiti State into Yoruba PAGE 5

Lagos State Set to Implement Recommendations by Advisory Committee on Police Prosecution Powers PAGE 5

QUOTABLES “The attack on the Honourable Justice Mary PeterOdili, is highly condemnable.....She did not even write or deliver the lead judgement in the Bayelsa case. Honourable Justice Ejembi Eko, did. More significant is the fact that, the entire judgement was an unanimous decision and pronouncements were made by all the five members of the Supreme Court Panel, that heard the matter. So, why single her out?” – Dr Mike Ozekhome, OFR, SAN, Human Rights Activist and Lawyer “We have put the cart before the horse. It is not for the National Assembly, to give Nigeria a Constitution. It is the Constitution that will give birth to the National Assembly, and deliberate and fashion out a fundamental law for Nigeria. Quite sincerely, I think we got it wrong.” – Professor Akin Oyebode, Professor of International Law and Jurisprudence, former Vice Chancellor, Ekiti State University

Ogun CJ Grants Amnesty to 21 Inmates PAGE 5

‘Every Lawyer Should Imbibe Trust and Integrity’ PAGE 6

COLUMNISTS OLAWALE FAPOHUNDA Olawale Fapohunda, is the Attorney-General of Ekiti State. A frequent contributor to Thisday Lawyer since its inception, he has written severally on the limitations of the administration of justice system in Nigeria, and the need for urgent reforms. He has played a leading role in several governmental and non-governmental initiatives, aimed at enabling legal, policy and administrative interventions, for managing the justice system and the institutions that deliver justice. SERIOUS MATTERS aims to contribute to national discussions on law reform, institutional strengthening, and good governance across the three arms of government

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.

DR. KUBI UDOFIA Dr. Kubi Udofia holds a Doctorate degree in Law from the University of Nottingham, a Certificate in International Risk Management from the Institute of Risk Management, London, a Masters degree in Corporate Law from University College London, and a Bachelors degree from University of Uyo, in Nigeria. Called to the Nigerian Bar in 2007, Dr. Udofia is a scholar-practitioner, and routinely provides a wide range of contentious and non-contentious legal services, to both local and foreign firms. Dr. Udofia is an acknowledged expert, in Insolvency and Restructuring law in Nigeria

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

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Supreme Court Review: To Be or Not to Be

“F

The Initial Position or unto whomsoever much is given, of him shall be much required” (Luke 12:48 King James Bible). This is exactly how I sum up the role, of the Supreme Court of Nigeria. That, as the highest court in the land, not only does that position come with a great deal of respect and responsibility, we assume that the Justices in that court are the most knowledgeable in law, and experienced, having risen through the ranks of the lower courts to get to the helm. It is therefore, embarrassing when social media is awash with posts (I hope they are false), stating that the American Government for one, will prohibit our Supreme Court Justices and their families from entering their country, as a result of handing down flawed and faulty judgements. It’s unheard of, unprecedented. And, while I do not deem to disrespect the Apex Court by seeking to delve into the correctness or otherwise of its decisions through the 2018-2020 election petition cycle, there are some matters arising, so important that, it would be remiss of me not to make any observations. With the recent requests for judicial reviews in the Imo and Bayelsa States Gubernatorial election petition cases, it is important to identify the situations in which the Supreme Court can conduct a judicial review of its previous decisions. Certainly, I can state categorically that, the reason for the conduct of a judicial review, can never be because a losing party is not happy with the decision. The various definitions of “Judicial Review” as espoused in Ejakpomehwe Akporue & Ors v Isicheri Oker & Ors 1973 12 SC 137 145-146; Nwaogwugwu v President, FRN 2007 6 N.W.L.R. Part 1030 237 at 269 did not envisage a situation in which the Supreme Court would set aside a previous decision, and substitute a new one in its place. What was recognised, was the ‘Slip’ or ‘Pencil’ Rule, which in the words of Chukwuma-Eneh JSC in Nwana v FCDA 2007 11 N.W.L.R. Part 1044 59 at 78: “.....A slip under the banner of the ‘Slip Rule’ connotes accidental slip or omission as clerical mistakes in a judgement or order capable of being amended, even at times without notice to the other party.....It must not transcend the entire proceedings, as to have a devastating effect going to the root of the decision”. The Slip Rule envisages the alteration of a judgement or order that has been drawn up, without expressing the intention of the court, but “not to vary the operative part of its judgement, so as to substitute a different form”- per Elias CJN in Minister of Lagos Affairs v Chief O.B. Akin-Olugbade SC.83/1970 1974 9 N.S.C.C. 489 at 491-492. The same position was echoed in Berliet Nig. Ltd v Kachalla SC.185/1989 1995 9 N.W.L.R. Part 420 478 at 495-496 per Belgore JSC that “the court, once judgement is entered, cannot alter its decision. What can be altered, is not as to the substance, but as to minor errors, whether of spelling or that of typographical, or in form of mathematical error wherein the correct figures can be entered”. The general principle of law, has always been that, a court becomes functus officio in a matter, once it delivers judgement or makes an order. And, the Supreme Court is no different. It cannot be expected to sit as an appeal court, over its own decisions. It is also trite that, there must be an end to litigation, but, this new trend of applying for judicial reviews, is making it look as if it’s quite the

opposite - that when litigants appeal all the way to the Supreme Court, they can still appeal to the same Supreme Court, against its own decisions! Tah! The Extant Position However, in the more recent case of Iteogu v LPDC 2018 LPELR-43845 (SC), the Apex Court held that, it has the discretion to set aside its own judgement only in exceptional circumstances, such discretion obviously to be exercised judicially, judiciously and sparingly (and in my opinion, certainly not because the APC or PDP are dissatisfied with the outcome of their cases, and are hellbent on winning at all cost). Three instances in which a judicial review of a judgement/order could be granted by the Supreme Court, were stated in Iteogu v LPDC (Supra) as: 1) when the judgement was reached per incuriam (that is, the decision was arrived at without due regard to the law or facts or 2) where the judgement was erroneous in law or 3) where the previous judgement is contrary to public policy or occasioning a miscarriage of justice or perpetuating injustice. See the case of NEPA v Ososanya SC. 17/2002 2004 5 N.W.L.R. Part 867 601 at 624, on perverse decisions that amount to a miscarriage of justice. The reason why I started by saying that, much is expected from the Supreme Court, is that, as the final arbiter, it creates judicial precedents which are binding on all courts, and therefore, the Apex Court has to be careful that all the decisions it hands down, are sound, in order to create unimpeachable case law for all to follow. If decisions are always sound, applications for judicial reviews will be rare. People will go home, and accept their fates, taking solace in the fact that, they truly got what they deserved, nothing more, nothing less. Debatable Judicial Precedents While majority of the judicial precedents that have been set by the Apex Court have been sound and irreproachable, lately, there have been a few precedents that the court seems to have set, which people seemed to have found debatable. Some examples and the reasons given for their debatability are: Adegboyega Oyetola & Ors v Ademola Adeleke & Ors - that technical justice is more important, than substantive justice; that as long as one of the Judges (in this case, the one who delivered the lead judgement), does not sign the record of proceedings on the day important issues are presented before the Tribunal (or maybe any day since the members of the Election Tribunal are required to sign the register daily), it doesn’t matter if the decision was sound and would still remain unchanged whether the Judge was there or not;

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

that the absence of the Judge, is more important than the soundness of the decision, and will therefore, vitiate the judgement. Who knows, what the Supreme Court would have decided in Adeleke’s case, if the matter had been decided on its merits? For those who argue that, in the case of Bayelsa, technical justice also overrode substantial justice, because the people voted overwhelmingly for Lyon and majority carries the vote, and in this case the Supreme Court is setting a precedent that majority does not necessarily carry the vote, if there’s a technicality that overrides, in this particular circumstance, I disagree. While it is unfortunate on the part of Lyon, without a Deputy gubernatorial candidate qualified to run, as a result of their nomination being invalidated by the submission of faulty documents to INEC by Lyon’s running mate, and their joint ticket thereby, vitiated - this cannot be said to be a mere irregularity, as it goes to the root of the case, and contrary to the provisions of the Constitution. Already, another debatable precedent had already been set regarding certificates and qualifications, in the case of Atiku Abubakar & Ors v Muhammadu Buhari & Ors, which seems to be that (using the example of a television interviewee), if I, who qualified as an Economist and a Lawyer, depose to an affidavit that I qualified as a Neurosurgeon from Imperial College, it will be taken as true by the court - that I do not have to attach a copy or indeed, even possess a copy my certificate attesting to this fact, even if I came under the constitutional provision which says that I do have such a certificate - (School Certificate or it’s equivalent Section 318(1)(a) of the 1999 Constitution of Nigeria). Maybe I could just depose in the affidavit, to the fact that my certificate is with my mother, and after all, I have been working as a Neurosurgeon for 20 years. I believe that I mentioned on this page previously, that one of the accusations levelled against Mr Okoi Obono-Obla who was recently sacked from his job as Chairman of the Special Presidential Investigation Panel of Recovery of Public Property, was that he gained admission to the University of Jos, where he studied law, allegedly using fake results/ qualifications. That he studied law, and subsequently, qualified from Law School, are matters of fact. In the case of late Senator Benjamin Uwajumogu - where there’s a supplementary election - in this case, in five polling units, and only the result from one out of the five the polling units is declared, with elections still ongoing in the other four units, a candidate can still be declared winner of that election, without the rest of the results, whether or not the other candidate is leading in the other four polling units. In the case of Senator Rochas Okorocha - that even if the INEC Resident Electoral Commissioner/Presiding Officer or whoever is responsible for this task, proclaims that he/she has been forced to declare a candidate as winner of an election under duress (maybe at gunpoint or with the threat of violence or injury to such an INEC Official’s person), the Court will still accept such results declared under duress, as true and correct. More troubling is the precedent set in the Uzodinma v Ihedioha case, that it is absolutely fine for someone to present election results to the court, different from the results which INEC declared, and it is of no moment, if such results show that the new total number of votes cast, exceed the number of permanent voters cards distributed

ONIKEPO BRAITHWAITE

THE ADVOCATE onikepo.braithwaite@thisdaylive.com onikepob@yahoo.com Twitter: @TheAdvocateTD

“AND, THEREFORE, HAVING ADMITTED THAT THEY ARE NOT PERFECT AND ALL-KNOWING (ONLY GOD IS), I DO NOT THINK IT IS APPROPRIATE TO VILIFY THE SUPREME COURT JUSTICES, AS SOME HAVE BEEN DOING, EVEN IF THEY DO NOT GET IT RIGHT ALL THE TIME” by INEC in that State, and the number of accredited voters! Conclusion Our roles as members of the legal profession, both as Lawyers and Judges/ Justices, are as crucial to society, as those in the medical profession, who save lives, and must not be treated with levity. We are called to impeccable standards, both Lawyers and Judicial Officers, and we must never, forget that. I implore all those who sit on the Bench, especially the Supreme Court Justices who have immense responsibilities and who Lawyers look up to, to always give all their decisions due consideration, making sound decisions based on what they should be based upon, and not on extraneous factors, in order to nip this disturbing trend of applications for judicial review, in the bud. In the now becoming famous words of renowned jurist, Chukwudifu Akunne Oputa JSC about the Supreme Court in Adegoke Motors Ltd & Anor v Dr Babatunde Adesanya & Anor 1989 3 N.W.L.R. Part 109 250 at 274 1989 5 S.C.113 at 129 that: “We are final not because we are infallible; rather, we are infallible because we are final”. Therefore, having admitted that they are not perfect and all-knowing (only God is), I do not think it is appropriate to vilify the Supreme Court Justices, as some have been doing, even if they do not get it right all the time. The attack on Hon. Mary Peter-Odili, JSC's residence, is a disgrace, and shows a total lack of respect for the highest court of the land. Indeed, it was a vicious attack on the independence of the Judiciary. As a child, my family lived next door to Honourable Justice Ayo Irikefe OFR, CON, GCFR, Chief Justice of Nigeria, for at least 15 years. My upbringing, has always been to accord Judges the utmost respect. Let us show some respect, especially we Lawyers.

4/LAW REPORT

25.02.2020

Court with Jurisdiction to hear Enforcement of Fundamental Rights Action against Federal Government Agency

O Facts

n 28th December, 2015, five operatives of the Appellant went to the Respondent’s house and arrested him, based on an allegation of money laundering concerning some contracts awarded to his companies by the office of the National Security Adviser. While executing a search warrant, the Appellant’s operatives confiscated documents pertaining to his businesses, his international passport, and items owned by his wife and brotherin-law. Despite investigations which confirmed that he did not commit the offence, the Appellant detained the Respondent till 5th February, 2016. The Appellant also restricted the Respondent’s access to his bank account, placing him on a watch list and no fly list. This allegedly damaged his reputation, affected his business, and traumatised him. The Respondent therefore, filed a Fundamental Right Enforcement action against the Appellant, at the High Court of the Federal Capital Territory (“FCT”) claiming inter alia, a declaration that his arrest and detention was unlawful, unconstitutional and a violation of his fundamental rights. The trial court gave judgement in favour of the Respondent, and the Appellant unsuccessfully appealed to the Court of Appeal. Dissatisfied with the decision of the Court of Appeal, the Appellant further appealed to the Supreme Court. Issues for Determination In resolving the appeal, the Supreme Court adopted the Appellant’s four issues, striking out one for being incompetent. The three issues considered, were as follows: 1. Whether the Court of Appeal erred in law in upholding the decision of the trial court, when it held that the trial court had jurisdiction to entertain the Respondent’s suit. 2. Whether the Court of Appeal was right in law in upholding the decision of the trial court, when it held that the amended originating motion dated 7th day of March, 2016 was accompanied with a statement as required by the Fundamental Right Enforcement Procedure Rules, 2009. 3. Whether the Court of Appeal was right in upholding the decision of the trial court, when it held that the Appellant detained the Respondent for five weeks from 28th December, 2015 till 5th February, 2016 when there was no shred of evidence at the trial court and Court of Appeal. Arguments On the first issue, the Appellant’s counsel argued that, the Appellant is an agent of the Federal Government, created by an Act of the National Assembly and charged with the responsibility of investigating cases of economic and financial crimes in Nigeria. He submitted that, by the combined effect of Sections 251 and 257 of the Constitution of the Federal Republic of Nigeria, 1999, the Federal High Court is vested with exclusive jurisdiction in civil causes, including any action or proceeding for injunction affecting the validity of any executive or administrative action, or decision by the Federal Government or any of its agencies. He argued that, the Respondent’s action falls within the exclusive jurisdiction of the Federal High Court, as it affects the validity of an executive or administrative action or decision by an agency of the Federal Government. He stated that, notwithstanding Section 46 (1) of the Constitution, the High Courts do not have concurrent jurisdiction in respect of a subject-matter within the purview of Section 251 of the Constitution. He referred to the case of Jack v University of Agriculture, Makurdi (2004) 5 NWLR (Pt. 865) 208. In response, the Respondent’s counsel argued that, there is nothing in Sections 251 and 257 of the Constitution, that suggests that an agency of the Federal Government of Nigeria cannot be sued for enforcement of fundamental rights in the High Court of the Federal Capital Territory or the High Court of a State. He stated that, the substance of the Respondent’s claim was the enforcement of his fundamental rights pursuant to Section 46 (1) of the Constitution, and not the administration or management and control of the EFCC; the operation and interpretation of the Constitution as it affects the validity of any executive; or administrative action or decision by the Commission. He submitted that, the Appellant’s counsel misconceived the decision of the Supreme Court in Jack v University of Agriculture. On the second issue, the Appellant’s counsel submitted that, by Order II Rule 3 of the Fundamental Rights (Enforcement Procedure) (“FREP”)Rules 2009, it is

Hon. Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC

In the Supreme Court of Nigeria Holden at Abuja On Friday, the 24th day of January, 2020 Before Their Lordships Olukayode Ariwoola Kudirat Motonmori Olatokunbo Kekere-Ekun Amina Adamu Augie Paul Adamu Galinje Uwani Musa Abba Aji Justices, Supreme Court SC.428/2018 Between Economic and Financial Crimes Commission (EFCC). Appellant And Wolfgang Reinl ....... Respondent (Lead Judgement delivered by Hon. Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC)

mandatory that an Applicant’s originating motion be supported by a statement setting out the name and address of the Applicant; the relief sought and the grounds upon which the reliefs are sought. He contended that the grounds were not the same as the facts set out on the affidavit in support of the application, and cannot be subsumed or incorporated in an affidavit. He argued that the non-compliance with the FREP Rules, rendered the Respondent’s suit a nullity. He relied on the case of Madukolu v Nkemdilim (1962) 1 All NLR 587. In response, the Respondent’s counsel submitted that, the FREP Rules were duly complied with. Further, he submitted that by Order IX Rule 1 of the FREP Rules, any non-compliance with the requirement as to time, place or manner or form shall be treated as an irregularity, and may not nullify the proceedings except as they relate to (i) mode of commencement of the application and (ii) the subject-matter is not within Chapter IV of

“SO LONG AS THE ENFORCEMENT OF THE APPLICANT’S FUNDAMENTAL RIGHT IS THE MAIN CLAIM IN THE SUIT, AND NOT AN ANCILLARY CLAIM, THE FEDERAL HIGH COURT AND STATE HIGH COURTS, INCLUDING THE HIGH COURT OF THE FCT, HAVE CONCURRENT JURISDICTION TO ENTERTAIN IT”

the Constitution or the African Charter on Human and Peoples Right (Ratification and Enforcement) Act. The Respondent’s counsel argued that, the grounds and facts in the Respondent’s affidavit were incorporated by reference in the accompanying statement, in compliance with Order II Rule 3 of the FREP, 2009 Rules, and the Court of Appeal was right in relying on the principle of incorporation by reference, in line with the decision in Okomu Oil Palm Co. Ltd v Iswerheinhen (2001) 6 NWLR (Pt. 710) 660 at 681. On the third issue, the Appellant’s counsel argued that, although the Appellant admitted arresting the Respondent on 28th December, 2015, it denied detaining him in its counter-affidavit, but the lower courts held that it unlawfully detained the Respondent, without any evidence to that effect. He contended that, the onus was on the Respondent to prove that he was detained for the alleged period, and argued that there was no evidence that the Respondent’s international passport was confiscated. He submitted that, it is only after the Respondent had proved his allegations, that the burden would shift to the Appellant to prove otherwise. He cited the case of Ohochukwu v A.G. Rivers State & Ors. (2012) LPELR – 7849 (SC). In response, the Respondent’s counsel submitted that, there was sufficient evidence in the Respondent’s affidavit to prove that the Respondent’s fundamental rights were breached by the Appellant, and referred to documents which established the fact of his detention. He contended that the weighty averments in the Respondent’s affidavit, were not materially denied and same is deemed admitted. Court’s Judgement and Rationale On the first issue, the Supreme Court held that, by virtue of Section 251(1) of the Constitution, the Federal High Court enjoys exclusive jurisdiction in respect of certain causes, including the matters relating to the administrative or management act or the management and control of the Federal Government or any of its agencies. However, by Section 46(1) of the Constitution, a person seeking to enforce his fundamental rights, may seek redress in any High Court. The Court stated that, the Respondent’s claim is not challenging any administrative or executive act or the management and control of the Appellant, and the subject of the originating motion was not money laundering. Rather, the Respondent was alleging that his unlawful arrest and detention, constitute a breach of his fundamental rights. The Court referred to the case of Bronik Motors Ltd v Wema Bank Ltd (1993) 1 SCNLR 296 and held that, the State High Court, including the High Court of the FCT and Federal High Court, have concurrent jurisdiction in matters where enforcement of fundamental rights is the main, and not ancillary claim. On the second issue, the Apex Court upheld the findings of the Court of Appeal which opined that, the required content of a particular court process prescribed by the Rules of Court can be satisfied, by incorporating into that process the content of another court process in the same case. Therefore, by incorporating facts from the affidavit into the accompanying statement as grounds for the reliefs sought, the Respondent satisfied the requirement of Order II Rule 3 of the FREP Rules. More so, the practice did not cause any miscarriage of justice. On the third issue, the Apex Court upheld the decision of the Court of Appeal which found that, a suspect is detained immediately he or she is arrested. The Court also opined that, an admission that a suspect was arrested, carries with it an admission that he was detained from the moment of the arrest. Therefore, since the Appellant did not deny that it arrested the Respondent on 28th December, 2015, the evidential burden to show when the Respondent was released, shifted to the Appellant. The Court found that, the Appellant adduced no evidence to show the date it released the Respondent after arresting him. Consequently, the Respondent’s assertion remained unchallenged, and thereby, admitted. Appeal Dismissed. Representation I. Audu, Esq., Legal Officer EFCC for the Appellant. Afam Osigwe, Esq., with Ikechukwu Odanwu, Esq., Uche Amulu Esq., Abbas Sanni Esq. and Hannatu Bahago Esq. for the Respondent. Reported by Optimum Publishers Limited (Publishers of the Nigerian Monthly Law Reports (NMLR))

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NEWS/5 Ekiti MOJ to begin translation of Laws of Ekiti State into Yoruba language, Amotekun inclusive, says Fapohunda

Former President of the NBA, Dame Priscilla Kuye and Mr. Dele Adesina, SAN at the meeting Chairman of the Meeting, Chief Niyi Akintola, SAN and Mr. Dele Adesina, SAN

Egbe Amofin Reaffirms Adesina, SAN as Candidate for 2020 NBA Presidency Akinwale Akintunde Egbe Amofin Oodua, the umbrella group of South West Nigeria Lawyers, has reaffirmed its position on the candidature of Mr Dele Adesina, SAN as the choice candidate to run for the 2020 NBA Presidency discussed and agreed at the last meeting. The group made this known last weekend at her forum meeting held at Aare Afe Babalola Bar Centre, Iyaganku, Ibadan in Oyo State. However, in a bid to make her choice, Adesina to clinch the NBA Presidency come July this year, and put its house in order, Egbe Amofin Oodua set up a Committee to engage other contestants from the zone to step down for the adopted candidate of the South West, Adesina SAN. According to the group, the Committee is particularly to meet Dr. Babatunde Ajibade, SAN, another contestant from the South West zone, and persuade him to

step down in the interest of Yoruba land. In addition, all Chairmen of NBA branches in the South West are to go back home and carry out the instruction of the Egbe on the adoption, by openly adopting Adesina as done by Ibadan, Owo, and Egbe Amofin ni Eko branches. Speaking during the meeting, which was Chaired by Chief Adeniyi Akintola, SAN, who stood in for Chief Wole Olanipekun, SAN, former President of the NBA, Dame Priscilla Kuye said: "There is a season for everything. There is a time to be elected and a time to step down. We are asking Dr. Ajibade to step down, not because of personal interest, but because of the Yoruba interest, which is larger than any personal interest. Yorubas cannot afford to lose this opportunity. It will be a shame, and we must bury our heads in the sand if we do.

“Besides, we are not asking him to do what others have not done before. In 2008, Adesina stepped down for Mr. Rotimi Akeredolu, SAN to become NBA President. Dr. Ajibade is still a young man, whose time will eventually come. I want us to set up a Committee of both young and old members of Egbe to meet with him to deliver the message of the Egbe.” On his part, Chief Akintola, SAN narrated how prominent Yoruba Lawyers had pleaded with Dr. Ajibade, but had not yielded positive results. "Aare Afe Babalola, SAN called both Adesina and Ajibade to Ado-Ekiti on this issue. Chief Felix Fagbohungbe, SAN did the same in Lagos. Chief Abiodun Dabiri, former Chairman of NBA Lagos branch and an elder, also intervened", he said. The Egbe further resolved to invite the Governor of Ondo State, Akeredolu, to intervene in the matter.

The group asked the AttorneyGeneral of the State, Mr. Kola Olawoye, SAN, to convey the request to Mr. Akeredolu, as he was the one that trained Ajibade. In his reply, Olawoye assured the meeting, that he would deliver the message. He assured the meeting that the Ondo State Governor has tremendous respect for anything that affects Lawyers and the Yoruba people. The Egbe thereafter, chose Chief Seun Abimbola, former Attorney-General of Oyo State, and former Chairman, Ibadan NBA branch, Dele Oloke, Chairman, Ikeja branch, Mr. Oladipo Olasope, SAN, Otunba Martins Ogunleye, Chairman, Egbe Amofin ni Eko, and Mrs. Dayo Olorunfemi, Chairman, NBA Ikere-Ekiti branch, as Committee members to meet with Dr. Ajibade. The Committee is to submit its report to the House on April 18, 2020, the date of the next meeting of the Egbe.

Lagos State Set to Implement Recommendations by Advisory Committee on Police Prosecution Powers Akinwale Akintunde The Lagos State Government has expressed its readiness, to immediately implement the recommendations of the Legal Advisory Committee on Police prosecution of criminal matters in Magistrate Courts. The State Attorney-General and Commissioner for Justice, Mr. Mr Moyosore Onigbanjo, SAN made this known last Friday at a press briefing held in his office at Alausa, Ikeja, on the recommendations of the Committee. The Committee which submitted its Report last week, was inaugurated by the Attorney-General, following a call from some nongovernmental organisations, demanding that the State Government should challenge the right of the Police to prosecute criminal cases, at the Magistrates’ Courts. The Seven member Advisory Committee include: Mr. Fola ArthurWorrey, Chairman; Mr. Norrison Quakers, SAN, member and Ms. Titilayo Shitta-Bey, SolicitorGeneral/Permanent Secretary,

Ministry of Justice. Other members of the Committee are: Director, Public Prosecutions, Mr. Yhaqub Oshoala member, O/C Legal Dept, Criminal Investigation, Yaba, Lagos, DSP Yetunde Cardoso, Chairman, NBA Ikorodu, Mr. Bayo Akinlade, Mrs. Rukayat Owolabi and Mrs. Arinola Momoh-Ayokanmbi, as the Secretary. Onigbanjo, SAN, said the Report of the Committee contains 9 Recommendations, adding that, even though it is desirous to adopt and implement the 9 recommendations, the Ministry will only immediately implement 4 of the recommendations, while 2 that require partnership with NGOs and NBA branches, will be forwarded for implementation and 1 would be forwarded to the Judiciary. He said the Ministry would make representations on the remaining 2 recommendations, which require further consultation and inputs of other policy

makers of the State. The Committee had recommended amongst others, a gradual phase out of lay Police prosecutors from prosecuting of criminal cases in Magistrates Courts; Amendment of relevant laws and introduction of policies; Establishment of sub-unit of DPP’s office at each Magisterial district; Issue a policy that sets out a deliberate categorisation of the class of offences a lay Police prosecutor can prosecute; to constitute a task force to consider the merits or otherwise of all criminal cases that have pended in the High/ Magistrates Court, recruitment and deployment of Lawyers to the DPP’s office; the establishment of a Deputy Solicitor’s scheme at each divisional Police headquarters, as prescribed under the Police Force Order 20. Speaking on the 4 recommendations that would immediately be implemented, the AttorneyGeneral noted, “as observed by the Committee, there is an urgent need to eventually deploy Lawyers to prosecute criminal

matters in the various courts, particularly at the Magistrates Courts. The complaint is that, lay prosecutors often cannot respond adequately to legal challenges raised by defence counsel during trial, and have inadequate skills to competently present their cases in court. “While the immediate takeover of all prosecutions by the DPP’s office is desirable, same is impracticable, due to shortfall of personnel, logistical limitations and financial implications. Furthermore, we note that, States that adopted sudden abolishment of lay prosecutors experienced challenges, which led to a severe gridlock in the system, as lay prosecutors abandoned cases, ground to a halt. “Learning from such experience, and to avoid a gridlock in the system, we have decided to adopt a strategic model of streamlining the involvement of Police prosecutors at all levels. To this end, we will meet with the

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Ekiti State Attorney-General and Commissioner for Justice, Olawale Fapohunda, has hinted that his Ministry will immediately commence the translation of the Laws of Ekiti State, into Yoruba Language. The Attorney-General who made this disclosure on Tuesday in Ado-Ekiti, said the State Governor, Dr Kayode Fayemi, has approved the translation of Laws of Ekiti State into Yoruba Language. According to him, this was in furtherance of the commitment of the Fayemi administration, to its citizens' active participation in governance. Fapohunda further stated that, "given the volumes of the Laws of Ekiti State, the translation will be implemented in phases. The first phase, will include laws that have direct impact on the daily reality of our people". Some of the laws that will be translated immediately will include: the Sustainable Development Goals Law, Ekiti State (2019), Ekiti State Property Protection (Anti-Land Grabbing ) Law (2019), Ekiti State Gender Based Violence (Prohibition) Law (2019), and Ekiti State (Transition) Law (2019). On whether the proposed Amotekun Bill will be translated into Yoruba after the Governor's assent, Fapohunda said: “The Ekiti State Security Network

Agency Bill affects the daily lives of the people of Ekiti State, especially those in our rural communities, it therefore follows that, this is one legislation that all of our people, need to understand” On how the laws will be translated, the Attorney-General said: "there are many qualified academics in the Ekiti State University, who are specialised in Yoruba language, we will work with them". Fapohunda also revealed that, some of the policy documents of the State’s Ministry of Justice, like the Ekiti State Charter for Victims of Crime; Directive on Non discontinuance of Criminal Matters, Additional Measures in aid of Prosecution of Sexual Violence, will also be translated into Yoruba language. The Permanent Secretary, Ekiti Ministry of Justice and SolicitorGeneral, Lawrence Ojo, while commenting on this development, said the State’s Ministry of Justice would be recording another novel move. According to him, there had been talk over the years, especially at Lawyers’ conferences and meetings, on the need to translate laws into local Nigerian languages, but little progress has been made about it. Ojo added that, "with Ekiti State breaking the ice, it is envisaged that more States will follow suit".

Ogun CJ Grants Amnesty to 21 Inmates Ademola Orunbon The Chief Judge of Ogun State, Justice Mosunmola Dipeolu, has released 21 inmates unconditionally, during the yearly quarterly jail delivery exercise, at the three Nigerian Correctional Service facilities across the three senatorial districts of the State. She said that the objectives of the exercise was to decongest the correctional service in the State, as well as ensure justice, urging the released prisoners to endeavour to reform themselves, and refrain from crime and criminality. According to her; “I encourage those released today and those released in previous exercises, to ensure that they reform themselves and stay away from all forms of criminality”. “See your release as a second chance to be better and reformed individuals to yourselves and society, today's jail delivery is not for convicted inmates or inmates whose cases are pending in court, but those detained above their jail term without trial.” According to her, those granted amnesty by the Chief Judge, majority of them had spent eight to nine years in those correctional service facilities without any trial, while the case files of some of them, were no where to be found. “Three were released at

Ijebu-Ode Correctional Service, three were also released from Sagamu Correctional Service, five were granted amnesty in Ilaro, Yewa South Local Government, while six and four were granted amnesty at Oba, Obafemi-Owode Local Government and Ibara Correctional Service respectively.” Earlier, in his welcome address, the State Controller of Nigerian Correctional Centre (NCS), Mr. Victor Abolade Benson, represented by his Deputy in charge of Ibara Correctional Service, Mr. Godwin Onokhowomomo, urged the Government for more correctional centres, so as to decongest the centres across the State, noting that 510 was the capacity of the correctional centre, but it is now housing 1,189 inmate. He added that, Ilaro Correctional Centre has grown over the years from an initial capacity of 126 inmates, to an all time high of 532 inmates this month, saying that out of 526 inmates, only 167 are convicted persons, while the remaining 359 are Awaiting Trial Persons (ATPs) from 17 different courts, scattered across seven Local Government Areas of the State. He appreciated the Chief Judge of the State, Justice Mosunmola Dipeolu for her passionate interest in the quick dispensation of justice and quarterly jail delivery exercise, which aims at decongesting the correctional centres across the State.

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CAVEAT EMPTOR -BUYERS BEWARE The Banana Island Property Owners and Residents Association (BIPORAL) is now vested with the mandate to pre-approve (vetting) of all Planning Approval Drawings before submission to Lagos State Government (LASG) on all developments within Banana Island. This is to align with the objectives of the LASG Development Plan and that of the Banana Island Approval Order as originally conceived at the creation of the Estate by the Federal Ministry of Works & Housing and C&C Construction Ltd under a Public-Private JointVenture initiative. We are by this medium advising prospective developers in particular and others with interests in mattersrelatedtomakeitapointofdutytovisitBanana Island Office to pre–qualify and verify the suitability and conditions of any development or proposed building and to inform that only the drawings vetted by the Senior Town Planner engaged by the

Estate and signed off by the BIPORAL Executive Committee will suffice for approval. This advice has become essential and necessary to stem the high rate of non- compliance and abuse with unapproved drawings to over- development and unbridled subdivision of plots currently posing imminent dangers to residents through overburdened infrastructure and other environmental challenges like flooding. BIPORAL is law-abiding and committed to making the precinct a liveable one. The Association currently manages the Estate for the benefits of all stakeholders through a subsisting Memorandum of Understanding with the Federal Ministry of Works and Housing; a framework of collaboration on approval with the Lagos State Ministry of Physical Planning and Urban Development, other relevant agencies and of course its growing residents who are determined to fulfil the essence of its establishment.

Signed BIPORAL MANAGEMENT LAGOS STATE SET TO IMPLEMENT RECOMMENDATIONS BY ADVISORY COMMITTEE ON POLICE PROSECUTION POWERS CONTINUED FROM PAGE 5 Police to categorise the offences lay prosecutors will handle, while the Ministry will ensure adequate monitoring of such cases”, he stated. The AG reiterated that, the MOJ and Police have always enjoyed a good working relationship, and have always provided the Police with technical and infrastructural support, as well as enhancing capacity of their prosecutors and investigators. “The Ministry of Justice and Police have always enjoyed a good working relationship, and have

always provided the Police with technical and infrastructural support, as well as enhancing the capacity of their prosecutors and investigators. We have already earmarked training modules for prosecutors which will hold regularly, the first commencing in March 2020. “To demonstrate our commitment to collaboration and enhanced capacity of Police prosecutors, Mr. Governor recently approved the renovation of the library in State CID Panti, equipped with

legal resources, to assist them with research and deepen their knowledge of law. “We will continue to collaborate with the Police and engage the Commissioner of Police, to deliberate and find lasting results to issues as they arise. The Commissioner of Police being a major stakeholder in the administration of justice, also participated in the Criminal Justice Reform Committee, chaired by the Hon. Chief Judge of Lagos State. Others members include

Controller of the Nigerian Correctional Services, the Attorney-General and relevant stakeholders”, he added. While commending the Committee’s timely intervention and selfless service to actualise the set goals of the review, Mr. Onigbanjo assured the public that, the Sanwo-Olu led administration would continue to work with all stakeholders to ensure that Justice Administration in the State, is able to meet the real expectations of the people.

Legal Personality of the Week Ebele Iyayi ACIPM

‘Every Lawyer Should Imbibe Trust and Integrity’ Another memorable day, was a day we received our ISO 9001 certificate at a law firm I worked. There was great excitement among the team members and the entire firm, as our hard work had resulted in the achievement of a world standard.

Please, give a brief introduction of yourself My name is Ebele Iyayi ACIPM, I am the Practice Director of Alliance Law firm. I oversee the Practice Administration, and Human Resources. I studied Law at the University of Nigeria, Enugu Campus. I am a member of the NBA Section on Business Law (SBL), Law Practice Management Committee; Association of Legal Administrators (ALA), USA; Association of Law Firm Administrators, Nigeria (ALAN); Associate, Chartered Institute of Personnel Management, Nigeria (CIPM); and an Internal Auditor, ISO 9001:2015 Standards. I am happily married, with children. Have you had any challenges in your career as a lawyer, and if so, what were the main challenges? Yes, I have had challenges like, inability to conclude a transaction within the deadline set, as a result of some reorganisation taking place in the offices of the regulatory authority or minor non-conformities observed during an external audit. What do you consider to be your worst day as a Lawyer? My worst day as a Lawyer, was a day when the server crashed in an organisation I worked, and we had important documents that had been concluded the previous day and yet to be backed up. We had no other choice, but to redo all the documents. I now do a personal back up of important documents, as soon as

Who has been most influential in your life? The most influential people in my life, have been my parents. My parents excelled, in all their endeavours. I learnt several maxims from my Dad such as, “fight your own battles”, and “prevention is better than cure”. From my Mum, I developed strength of character, dignity and poise, amongst others. Early in my career as a Lawyer, I established my private practice, and trusted God for direction. Ebele Iyayi ACIPM

they are concluded. What has been your most memorable experience as a Lawyer, so far? My most memorable experience was in the early years of my practice. I argued a motion in the court successfully with great confidence and passion, as I let my voice resonate in the courtroom. When I left the courtroom with poise, I was followed outside by a crowd of people who were present in the court, demanding for my complimentary card. I felt like an accomplished legal practitioner.

Why did you become a Lawyer? I chose to become a Lawyer, to give me a broad understanding of issues, as a Lawyer is expected to respond to enquiries on diverse matters. I am able to “think through’’ and proffer the most reasonable solutions, on issues. Furthermore, with knowledge of my rights as an individual, I am able to protect my clients in contractual agreements. Growing up, I admired smartly dressed Lawyers and Judges, and the confidence they exuded and displayed. What would be your advice to anyone wanting a career in law? Firstly, you must have a holistic approach to issues, be prepared to analyse all sides of a

matter. A Lawyer must read widely, be organised, set smart goals, and monitor progress. A Lawyer should determine what aspects of law he/she wants to be involved in, take time to plan, find out the requirements, and keep updating knowledge on trends in that sector, with a view to becoming one of the best in the sector(s). Build a culture of trust and integrity, it will speak, and people will engage you because they trust you. Above all, have an unflinching trust in God, and ask Him for the spirit of excellence. If you choose a career as a Law Firm Administrator, join the Association of Law Firm Administrators to network with other Administrators, ensure that you have knowledge of current trends in the legal industry, and learn how external factors affect the law firm. Learning the importance of staying up-to-date on legal trends and using them in our strategic plans, will help us develop strategies to improve performance and build dynamic law firms. If you had not become a Lawyer, what other career would you have chosen? If I had not become a Lawyer, I would have become an Accountant. Mathematics was my best subject, in school. Finding the unknown using the variables in algebraic equations, forms a large part of our daily lives. Where do you see yourself in ten years? In the next ten years, I will be a part of sustaining success at the top in an organisation, imparting my wealth of experience, and mentoring the younger generation.

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SERIOUS MATTERS OLAWALE FAPOHUNDA

faps2001@yahoo.com

The ‘Amotekunisation’ of the Nigeria Polity

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for their performance and conduct.

The Establishment of Amotekun Corps here has probably never been any issue that has dominated national discussion, at least in recent memory, than that the joint security initiative of the South West States- The establishment of State Security Network Agencies and Amotekun Corps, in Ekiti, Oyo, Ogun, Ondo, Osun and Lagos States. Such was the intensity of the discussion, that expectedly, misinformation, exaggeration and blatant lies became stumbling blocks to the appreciation of a long overdue intervention. The urgent need for immediate measures to protect the lives and properties of those living in the zone, and the hundreds of Nigerians who pass through the South West daily for economic or other purposes, became mired in needles controversy. This was in the face of kidnappings, farmland trespassing, highway robbery and other criminal activities, that were fast becoming the norm. We are all Amotekuns For the predominant ethnic group in the zone, few can recollect any issue that has united the Yoruba ethnic group. Party politics, religion, gender, status have been set aside, all in support of this initiative. The clarion call became, ‘Gbogbo wa ni Amotekun’, loosely translated to mean, ‘we are all Amotekun’. The Federal Government may have contributed to this revived sense of ethnicity when it surprisingly stepped into the fray, and declared the entire idea unlawful. Many Nigerians who ordinarily would never have seen themselves in the ‘Aluta Continua’ mould, became radical Amotekuns overnight, in defiance of the Federal Governments stance. Community Policing without Citizens’ Confidence Yet, it will appear that, in the midst of the hullabaloo, grand standing and ethnic radicalisation, the most important issue has been ignored. The opportunity for focused action, to strengthen the Nigeria Police. The leadership of the Nigeria Police, did not help matters either. Rather than insist on getting the support it urgently needs to achieve its mandate, the response of Inspector-General of Police, was to launch a Community Policing Agenda. This response, in many ways, typifies all that is wrong with our approach to policing. Ad- hoc measures and fire-brigade interventions, have been the signature response to crime and insecurity. This page has severally argued that, community policing is perhaps, the most misunderstood and frequently abused theme, in Police management in Nigeria. In the past few years, it has become fashionable for the Police State Commands to initiate community policing, often with little notion of what that phrase means. Indeed, all manner of organisational tinkering, has been labelled community policing.

“THE AMOTEKUN INITIATIVE IS AN EFFORT TO PROVIDE STRUCTURED, DISCIPLINED AND RELEVANT SUPPORT, TO LAW ENFORCEMENT AGENCIES”

Cooperation is the Operative Principle The proposed laws, recognise the important role of the existing security agencies. The laws are a subtle recognition that, our security agencies need support. The Amotekun initiative is an effort to provide structured, disciplined and relevant support, to law enforcement agencies. Cooperation, is the operative principle. To achieve this in concrete terms, the governing boards of the States Amotekun Corps includes, representation from a wide range of security agencies, including the Police and Civil Defence Corps. Indeed, in all the six proposed laws, the Chairpersons of the Governing Boards of the Amotekun Corps, shall be retired law enforcement officers. This may convince ‘Doubting Thomases’ that the idea of Amotekun Corps , is not to bring in State Police through the back door. There is a lot of debate, on the use of firearms. It is not true that the enabling laws give the Amotekun Corps power to bear firearms, without limitations. The relevant provisions of each of the States law, clearly refers to the Firearms Act as the overriding legislation in matters of acquisition and use of Firearms.

Community policing, is not a program. It is a value system in which the primary organisational goal is working cooperatively with individual citizens, groups of citizens, and both public and private organisations to identify and resolve issues, which potentially affect the liveability of communities. In any case, an institution that is itself struggling to achieve its mandate, will find it difficult, if not impossible, to convince Nigerians that any of its programmes no matter how well presented, will succeed. The logic, is simple. The success of Community Policing in countries where it has worked, depends almost wholly on citizen confidence in the ability of the Police to respond professionally and efficiently to law and order situations. That confidence is sorely missing, in Nigeria Police- Citizens relations. Citizen’s perception of corruption, impunity, absence of accountability, incompetence, plague the Police Force. Without reversing this perception and transforming the Nigeria Police into a true public servant capable of elevating the sense of security of Nigerians, any Police initiative, community or urban, will struggle. Too much Talk, Limited Action on Police Reform Truth be told, the ‘Amotekunisation’ of Nigeria’s security architecture, disguised as Civilian Joint Task Force in parts of Northern Nigeria or as South East or South South States joint security initiatives, is the direct result of the visible limitations of the Nigeria Police. The tragedy of our current situation is that, there has been by too much talk and little action on Police reform. The discussion on democratic policing, is as old as Nigeria’s democracy. Over the years, there emerged a consensus that the reform of the Nigeria Police will require a wide range of immediate to long term interventions, that

reflect Nigeria’s constitutional imperatives and the practical needs of her citizens for a functional, institutionally accountable, and service-oriented Police service. Almost two decades into democracy, we are still talking. Between the Police Act and Amotekun Law The ridiculousness of the entire situation, is best seen in our seeming inability to enact an appropriate legislation, that governs the Police and its relations with citizens. It seems elementary that, the first step towards achieving a Police Service of our dream, is to have a Police legislation that speaks to our concerns. Today, the law governing the Nigeria Police is not relevant to the needs of Police Officers, neither does it speak to the concerns of Nigerians. The legislation establishing Amotekun Corps in Ekiti, Lagos, Oyo, Ogun, Ondo and Osun States, seeks in many ways, to respond to the law and order concerns of our citizens. These laws when enacted, will be by far the most radical interventions of State Governments aimed at achieving safety, security and freedom from crime, not only for all those who live in the enacting States, but the hundreds of Nigerians who travel daily through South West roads and highways. We recognise that, a sound legal framework is a precondition for an effective, efficient and accountable Security Network Agency. This is why we have ensured professional subject-matter appreciation, in the drafting of all aspects of the proposed laws. We have tried to respond to the expectations of our citizens, and their demand for professional service from security agencies. They want a security institution, that is responsive to their needs. That recognises the important place of the rule of law and fundamental human rights, in policing. They want their States Security Network Agencies, to be accountable

Respect for Fundamental Human Rights So much has been said about possible use of Amotekun Corps, for partisan politics or other unlawful purposes. The laws in all the Six States unequivocally prohibit the use of the agency for any unlawful purpose, to further any political or any other purpose, not related to the objectives of the Agency. Complaints handling was also an important issue, in the drafting of the legislation. The attention of the Attorneys- General was drawn to the considerable citizens unhappiness, with the system of inquiring into complaints against the Police. Investigation of Police Officers by their own is widely regarded as unjust, and does not inspire public confidence. No Police accountability mechanism can be considered fair, if it fails to inspire public confidence. The trend all over the world, is to set up complaint mechanisms under law, by establishing accountability structures, which work openly, quickly, effectively, impartially, and invest them with resources and authority to guarantee independent and fair investigations into public complaints. In response to this, the ‘Amotekun’ Laws provide for multiple layers of complaints handling, including stringent measures aimed at protecting the rights of citizens. There is the establishment of an Independent Amotekun Corps Complaints Board, comprised of a retired Judge as Chairperson, with membership from civil society organisations including the Nigerian Bar Association, with powers to investigate any matter relating to the conduct of Amotekun Corps. The place of Chapter 4 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), is enshrined in all aspects of the operations of the Corps. Violation of rights, attracts the stiffest of sanctions. Realistic expectations It will be unrealistic to expect that the creation of Amotekun Corps, will solve all the security problems of the States concerned. The expectation is that, this initiative will create a platform for effective cooperation between the formal and informal security institutions, in a manner that meets and exceeds our citizens expectations for safe and secure communities.

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Imo and Bayelsa: Judicial Conundrums? The Supreme Court of Nigeria, as the highest and final court of the land, is not in the habit of reversing itself on its decisions. In the rare cases in which it has reviewed its decisions, it was always with absolutely compelling reasons. With the criticisms and demonstrations that have trailed the Apex Court’s judgements in the recent Imo and Bayelsa States Governorship appeals, many are hopeful that the court may be compelled to revisit the its judgements in the cases, and possibly reverse itself, especially in the case of Imo State, in light of emerging facts and information, revealing what some Lawyers believe to be errors and misinformation, which their Lordships at the Apex Court may have inadvertently missed. Dr Muiz Banire, SAN and Rilwan Balogun approach the matter in different ways, examining the multifarious issues around the judgements, with the former putting the blame of APC’s loss in Bayelsa State squarely at the feet of the Party and its crumbling structures, while the latter does his analysis against the background of other recent decisions of the court, and their implications for the polity

Of Technicalities, Justice and Supreme Court’s Decisions Rilwan Balogun

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Bayelsa State Governor, Douye Diri

APC Chairman, Adams Oshiomhole

David Lyon

Oshiomhole, APC and the Bayelsa Conundrum Dr Muiz Banire, SAN

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Background ust a few days ago, the Apex Court in Nigeria upheld the disqualification of the Deputy Governor-elect of Bayelsa State who came on the platform of the All Progressives Congress (APC). Consequently, the court voided the election of the party’s candidates in the gubernatorial election, on the simple ground that no valid ticket existed at the time of the election by the ruling party. The electoral jurisprudence has been settled for decades now that, for there to be a valid ticket, both the Governorship and Deputy Governorship candidates sponsored by a political party, must be qualified in all ramifications. Once there is an affliction on one, the candidature of the party collapses in its entirety, rendering a joint ticket, to be no ticket at all. The two subsections of Section 187 of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), carry neither ambiguity nor vagueness, in this regard. Little wonder, therefore, that the votes accrued by the ruling party were discountenanced, on the ground that there was no valid nomination as at the time of the election. Who is to Blame? The Party The propriety or, if you like, legality or correctness of the decision I do not intend to interrogate, as this is certainly not my destination, and the legal analysis has been sufficiently interrogated by several analysts, both

informed and uninformed. The query is: who is actually to be blamed? Without mincing words, I stand with the Supreme Court, in all the decisions made so far. Therefore, I share in the confidence reposed in the Apex Court by my brother silk and Honourable Minister of State for Labour, Festus Keyamo. In fact, I am glad that someone else is thinking right, on this issue. The party leadership, in my very strong view, is the most culpable in this regard. Coincidentally, as at Tuesday, there were several comments in this regard and along the same direction, that the blame be heaped on the party’s leadership. I equally share their position on the ineptitude of the leadership in the circumstances of this case, and other issues alluded to in the various statements. For a short while, I have resisted the attempt to say anything about the party, not because there is nothing to say or lack of courage to say it, but because the party is now an arena where truth is regarded as poison, and must, therefore, not be administered. This explains why there is huge deficit of good people, in the conclave. However, as remarked by a great philosopher, one of my favourite ones at that, John Stuart Mill, all it takes for a nation to decay, is for the good people there to keep quiet. You may want to ask, what is the nexus between the party (APC) and the nation, Nigeria? It is simply because, APC birthed the government that runs the nation. It is loaded substantially with her members, who have the capacity to make or mar the nation. However, with the deluge of losses continuously suffered by the APC since last year, I am beginning to be worried that the labour of the founding fathers of the party, one of who I am, might end up in vain. Hence, the need to lend a voice to the call for an urgent halt of the disintegration of the party, and the electoral misfortunes. By the current Electoral Act, unlike in the past, the responsibility

for the screening of candidates, devolves on the political parties. As a matter of fact, by Section 31(1) of the Electoral Act (as amended), once a political party submits its list of candidates to INEC, in accordance with the statutory stipulations, INEC does not have the power to reject or disqualify candidates, for any reason whatsoever. Thus, it is expected that the leadership of each political party, carry out diligent verification of her candidates’ credentials, apart from integrity and fitness, into the manifesto of the party criteria. Where a political party fails in the screening of the candidates, and presents an unqualified candidate, the sanction is not only disqualification, but also penalty of N500,000, which the Supreme Court probably forgot

“..... FOR THERE TO BE A VALID TICKET, BOTH THE GOVERNORSHIP AND DEPUTY GOVERNORSHIP CANDIDATES SPONSORED BY A POLITICAL PARTY, MUST BE QUALIFIED IN ALL RAMIFICATIONS. ONCE THERE IS AN AFFLICTION ON ONE, THE CANDIDATURE OF THE PARTY COLLAPSES IN ITS ENTIRETY, RENDERING A JOINT TICKET, TO BE NO TICKET AT ALL”

to impose, on the All Progressives Congress (APC) in the Bayelsa case. In the circumstance of this nature, therefore, rather than the ranting and unremarkable volte-face of the all- knowing National Chairman of the ruling party, Adams Oshiomhole, who few weeks ago was full of praises for the Supreme Court after its decision on the Imo State Governorship election, one would have expected the party to embark on a careful postmortem of its process that led to the presentation of the unqualified candidate in Bayelsa, even after the Federal High Court’s verdict. That this is not happening is not a shock to me, having observed the fact that, the party structures are either comatose or failing to operate optimally, in recent times. I reliably learnt that, just as the National Chairman was the Chairman of the Appeal body of the party for the complaints from primaries, he equally headed the appeal screening committee from which appeals arising from the screening exercises, terminated. The deliberate fusion of these vital responsibilities in one man, must also reflect the standards expected of him: if he has failed so calamitously, in other climes, he would immediately step down, and institute a review of the entire process. Allegations against Adams Oshiomhole Apart from the suggestions of various compromises in the screening and clearance processes, by way of common sense, the enormity of the assignment, coupled with time constraints, can certainly not allow for any proper scrutiny. I can recall the rife allegations that the Directorate of State CONTINUED ON PAGE 10

t was Walter Savage Landor, an UK (English) writer and poet, who philosophised many years back, that when law becomes a science and a system, it ceases to be justice. Like never before, the Supreme Court’s decisions, particularly on election matters, have left many political observers confounded, and further strengthens the contagious doubt and aspersions cast on the name of the Judiciary. The question that pervades my reasoning since the recent decisions of the Apex Court is that, are Nigerian laws basically meant to attain justice in all ramifications, or laws are merely applied, rather sheepishly, for sake of strict adherence to the letters of law? Indeed, my preoccupation on these Apex Court decisions has been borne simply out of the far greater complexity in the nexus between law and justice, which philosophers had given persuasive thoughts on the inseparability of the duo concepts. In Salawu Ajide v Kadiri Kelani (1985) 1 NWLR 248 AT 269, Oputa J.S.C. on the need for truth to prevail in order to ensure justice is done poignantly cautioned that, “justice is much more than a game of hide and seek. It is an attempt to discover the truth, on human imperfections, notwithstanding. Justice will never decree anything, in favour of so slippery a customer as the present Defendant/Appellant” on this note, our courts have admitted that justice and truth are on the same ticket, and that in doing justice the courts and all ministers in her temple, that is Lawyers and all other stakeholders, must strive at discovering the truth regardless of legal technicalities”. No doubt, the recent verdicts by the Apex Court in Nigeria have thrown more confusion, rather than douse the tension of many Nigerians. Perhaps, these judgments have exhumed more complex questions in lieu of solving the convoluted issues, as regard the rights and the propriety of an electoral process, the basis of which forms the reasons why aggrieved parties in the electioneering processes, approach the courts. The reason why many have been so concerned about the Supreme Court’s judgements, is that the court’s decision is seen as one subjugating their will to that of an umpire, which to the faintest, is never a participant in the State’s election process, thus, making the whole exercise calling for the democratic principle of electing their leaders, a mere formality or charade. The prevalent legal ideology of Judges in line with Austinian Positivist theory, is undoubtedly what is observed, most often, by the Nigerian Judges. One may ponder in dismay and trance, thus, ask the fundamental question of whether the Judiciaryis a dummy arbiter, meant merely to reel out what is written in the legislative codification? Or they are really saddled with the sacred responsibility of giving professional interpretations to the letters of laws, that is, by juxtaposing the facts in factual sense with the letters of laws, solely, for the attainment of justice. Professor Akin Oyebode aptly described the attitude of the Nigerian Judges, when he asserted that “when Judges are confronted with a choice between applying law delegelata and law delegeferenda, the majority of the

“FROM GUSAU TO TALATA MAFARA.... OWERRI.... TO ALL THE MBIS IN IMO STATE....YENAGOA.....TO AGUDAM, MBIAMA AND KOLOKUMA/ OPOKUMA, THE SUPREME COURT’S JUDGEMENTS HAVE BEEN WIDELY PROTESTED BY THE MAJORITY IN THESE STATES......” judges would opt for the former, in accordance with the strict constructionist legal ideology which they have imbibed. There are different sets of theories that medieval philosophers have used to explain what law is, though, the Nigerian courts cannot appear obsolete, without purposeful attempt to juxtapose and fine-tune a workable rapprochement between facts and laws, with a view to attaining justice. Some Supreme Court Decisions: Zamfara State Prior to the Thursday, 13th February’s Supreme Court decision on Bayelsa State’s gubernatorial tussle, the decisions of the Nigerian Apex Court on election matters have always been subject of torrent of criticisms, leaving the populace in a state of utter quagmire. For example, in May 2019, the Supreme Court’s judgement on Zamfara’s APC primaries tussle cannot be forgotten in a jiffy, where in its judgement, the Apex Court ruled that, noncompliance with INEC guidelines and directives on the date for the submission of candidates, vitiated the eligibility of the political party, APC, to participate in the elections. Therefore, it would be deemed, legally, that the party did not field any candidate or partake in all the elections that took place in the State, hence, the mindboggling judgement which robbed the party and the people of the State the real franchise to exercise the key tenet of democracy, which calls for fair representation of all, and by the respect for the majority’s will. Of course the APC stalwarts perceived this as decision taken too far, and a sheer over- flexing of muscle by the Judiciary, in order to suppress the will of the majority in Zamfara State. Imo State What appears highly intriguing is the Supreme Court’s judgement on January 14, where in its revered wisdom, saw the need to accept in evidence the votes from 388 polling units, which had earlier been wrongly rejected by INEC in the March 28 gubernatorial election in Imo state. In its judgement, the Supreme Court in its wisdom, consequently allotted almost all the rejected votes in the 388 polling units to the APC candidate, Senator Hope Uzodinma. That decision, which many Nigerians are still tongue lashing and still trying to grapple with the ratio behind the “confusing” judicial activism, clearly truncated and shattered the dream of the PDP and its candidate, Hon Emeka Ihedioha’s reign in Imo State. CONTINUED ON PAGE 11

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OSHIOMHOLE, APC AND THE BAYELSA CONUNDRUM Services (DSS) uncovered, bribery of several millions of dollars against Adams Oshiomhole during the 2019 primaries, that prefaced the general election. It still disturbs me today, that despite the gravity of the allegations, including the patent criminal element inherent in them, the issue went under the carpet, without any whimper to convince the public of a proof otherwise. Thank God, no such allegation has been vividly laid to the public, in the process that led to the Bayelsa Governorship election. It would appear, however, that no thorough investigation of credentials of the candidates was ever carried out by the party, before the election held. A situation where all manner of questionable characters succeed in representing the party, even those who do not even believe in the ideals of the party, speaks volumes of the screening mechanism of the party. The Good Old Days I recall vividly, my days in the National Working Committee of the party; multiple screening committees existed, with two levels of appeals, unlike the singular appeal panel that now exists in the party. How would there not be this kind of slips, putting it diplomatically? I give it to Chief John Oyegun and Chief Bisi Akande, the latter of whom I worked with, both as Chairman of the defunct Action Congress of Nigeria, and interim Chairman of the ruling party, during its formative days. In those days, no major decision was ever taken, without reference to the national legal adviser. Even when I was out of the country, my opinion would always be sought. I read the writeup of the current national legal adviser sometime ago, about how the office of the national legal adviser had been rendered redundant by the National Chairman, and decisions were being taken without recourse to him, or to the Constitution of the party. This is appalling, to say the least. The office of National Legal Adviser, is a professional office, constitutionally insulated against the vagaries of politics. It is the party’s own office of the chief law officer, from whom legal guidance must always be sought. It is the office of, the Attorney- General of the party. Law remains law, regardless of the political parties or personalities involved. Under the current Constitution of the APC, the office of the National Legal Adviser is an independent office, not subservient to the office of the National Chairman, and meant to be so in the wisdom of the drafters of the party’s Constitution. The Rule of Law This brings me to, the rule of law. As I have always said, the only substitute for the rule of law, is the rule of man. The import of the latter, is anarchy, and as put by Thomas Hobbes, it is a return to the state of nature, where life becomes nasty, brutish and short, with the strong devouring the weak. From the candidate nomination angle, the Constitution of Nigeria, the Electoral Act, the party Constitution, both the INEC and party guidelines govern the nomination process. These instruments bind all members of the party, including the leadership, as held by the Supreme Court, in an avalanche of cases. However, what do we find? The elevation of personalities and processes, above the dictates of these rules. In several instances, the Apex Court has warned politicians against violation of these sacred documents, but they will not listen. It is when the Supreme Court now does its job by enforcing the compliance with the instruments, that politicians commence their shenanigans. As conventional with our people, particularly politicians, they search for where to deposit the blame. It is never in their character, to be humble enough to admit their faults. Again, we must remember that building institutions, much more, strong institutions, largely depends on the upholding of the rule of law. The party itself will continue to be weak until it collapses,

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except the rule of law is respected. A party is a conglomeration of people, and not the exclusive preserve of one man or a few. It is in order to eliminate conflicts and build an enduring institution, that the Constitution exists. No act or omission, must be taken outside the confines of the Constitution. As the Supreme Court rightly admonished in the case of PDP v Sherrif [2017] 15 NWLR (Part 1588) 219 at 287 para. B (per I. T. Muhammad, JSC) that: “Where a member or members of the party feel too powerful to be governed or controlled by the party Constitution or guidelines, and in contravention of such control mechanisms, then, certainly, democracy is thrown overboard by anarchy”. Internal Party Wranglings What more can I say? We have all assumed a ‘comfy’ sitting posture, while we idly watch some “powerful” individuals’ inglorious efforts to throw democracy (internal or otherwise), overboard. Let me add that the woes suffered by APC in Zamfara, Rivers, Bayelsa, and several others in which elections were lost, were substantially due to the infraction of internal democracy and party discipline. I have interrogated the issue of internal democracy in several write-ups, so I do not intend to bore you with it again in this piece. You may read my earlier write-up of September 19, 2019, “Nigeria: How did we get here? However, I am unable to gloss over the latter. In most of the cases that the party has lost seats technically, it is not a third party that has dragged the party to court, but members of the same party. For some years now, it has become difficult for a stranger to a political party process, particularly in pre-election matters, to challenge the candidates of the party, as the law makes it the exclusive preserve of a party member who also participated in the primary election, to challenge the results. It is only in cases of making false statements or forgery of documents submitted for qualification of an aspirant, for instance, under Section 31(5) and (6) of the Electoral Act, that a stranger may challenge the qualification of a party’s candidate to make the rule of law prevail. Therefore, it is the internal wrangling, mostly due to party Constitution infractions, that have given birth to various electoral misfortunes suffered by the party. In Rivers, we had Amaechi and Magnus Abe; Zamfara, we had Kabiru Marafa and Yari. In Bayelsa, although the current situation is different, in that the litigation was initiated by PDP pursuant to Section 31(5) of the Electoral Act (claiming that the APC’s nominated running mate, Biobarakuma Degi-Eremienyo, made false declaration in his Form CF001, the current situation), there was also the internal case of Sen. Lokpobiri, that he, and not David Lyon, won the APC gubernatorial primaries in Bayelsa. In all of this, what stands out, is the falling of the roof as the house is on fire. I am not unaware of multitudes of several other aberrations, past and approaching in the party, but chose not to meddle, so as not to becloud my message. However, we must not allow the leadership of the party to fiddle, while the party burns. For the sake of clarity, my position is that, politicians must stop laying blame at the door of the courts, after their misconduct or misbehaviour. Let the leaderships of the various parties retrace their steps, and engage in propriety from now on. As for the ruling party, just as predicted by many, the survival of the party depends on how urgent a major restructuring is carried out in its leadership structure. I believe that, the relevance of the leadership has expired, particularly in the face of its apparent painful failures and the degree of fractionalisation within. The embarrassing one, is even that in the backyard of the National Chairman himself, there is fire on the mountain, as things are hastily falling

“WHERE NOW LIES THE DIFFERENCE BETWEEN THE INDISCRETIONS VOICED BY THE PDP LEADERSHIP, AND THE TRASH SPEWED BY THE APC NATIONAL CHAIRMAN?”

apart, and if I may further restructure the words of William Butler Yeats in his poem, “The Second Coming”, the falcon does not hear the falconer; things are falling apart, and the centre can barely hold any more between the National Chairman and the incumbent Governor of Edo State. Whatever prejudices may dictate political activities of politicians, the Judiciary is the last hope of the common man and the theatre where I operate. Any attempt to desecrate the institution unjustifiably must, therefore, be resisted. As I was drafting this piece, I stumbled on the tweet from my brother silk, Mr. Festus Keyamo, which gladdened my heart, and to whom I referred earlier in this piece. The tweet summarised the entirety of my message, that members of the political class must desist from laying blame of their failures at the doorstep of the Judiciary, and must review their activities towards remedying their deficiencies. Adams Oshiomhole’s Behaviour Furthermore, I would not have been much bothered by the various uninformed comments I was reading, but for the speech of the National Chairman of APC, Mr. Adams Oshiomhole, who virtually assumed the role of the Judiciary in interpreting the judgement, and pouring vituperations on the Law Lords, particularly stating that the Bayelsa judgement lacks the fruit of justice. He, therefore, supplied the required juice, by declaring that nobody would be sworn in come the 14th day of February, 2020. The inflammatory statements contained in the speech, allegedly led to the arson and burning that subsequently took place in Bayelsa, rightly or wrongly, immediately after the judgement of the Supreme Court. The temerity and indiscretion exercised in the circumstances fell short of that of a statesman, much less, the Chairman of the ruling party. The Judiciary is an important arbiter, when it comes to political party’s administration and dispute resolution. Just a few weeks ago, the same National Chairman of APC, condemned the People’s Democratic Party’s leadership for similar statements and protests in Imo State. This about-face is unhealthy, for the polity. A party that had the guts to do this would not have been expected to descend to that level, by joining the fray of the opposition in attacking the Judiciary, which, few weeks ago, the party praised when it obtained a favourable judgement in Imo State. Where now lies the difference between the indiscretions voiced by the PDP leadership, and the trash spewed by the APC National Chairman? It is like the differential usefulness of a broken mortar, and a rotten palm nut. The Chairman needs to appreciate the reality that, different wars attract distinct strategies. If the speech of Oshiomhole represents the APC’s position, then I am worried for the nation (and you should be too). Why did I say so? A sensitive issue of that nature warrants convening an emergency meeting of the National Working Committee of the party, if not that of the National Executive Committee, to review the development, critically engage the process that led to this disgraceful outcome, with a view to remedying the wrong. It is at such a meeting that a party statement would be made, laced with intellectual considerations and deep political maturity expected of a leadershipproviding party of a populous country like Nigeria; a statement that the international community would respect and would accord much recognition, showing that the party

does not condone criminal tendencies in producing leaders for the country. Unfortunately, I must confess that, I get disheartened these days about the party’s position, as a lot of juvenile tantrums are represented as the party’s position, and on many occasions, such would come from the National Chairman. Officials of the party need to know that, their personal opinions must not be made to represent the party’s position. Party’s positions are derivable from outcomes of the sober deliberations of the organs, and not personal unrefined thoughts of an individual whose state of senility on occasions, may be queried. I reckon that, if the appropriate meeting had been held, the National Legal Adviser would or should have pointed out to the leadership of the party, the legal options available to adopt, rather than engaging in area boy “appellate” condemnation of a judicial determination. Glad, however, that INEC eventually humbled the party/Chairman, in compelling the consideration of the decent option of legal process. I am not, however, disappointed by the party Chairman, when I reckon with the occurrences in his home State, where decency and decorum have been made victims of political imbroglio. It is so bad that, a Ward Executive Committee is suspending the National Chairman of the party. My counsel here is simply that, the Chairman needs to start exercising restraint in view of the pre- eminent office he occupies. He must recognise that, he is no more Adams Oshiomhole of the labour unions, where pretence to toughness is used by some to project self-image into national recognition. He ought to have learnt from his utterance in Benin against a widow in 2013, for which he had to apologise after a national embarrassment. A political party Chairman only makes occasional speeches, since he is not the Publicity Secretary. Remember, your actions that have attracted commendations to you several times, could be the source of your condemnation on another occasion. Caution is, therefore, the word. In fact, putting it in a pedestrian manner, too much talking renders your utterances eventually impotent. Please, guard against it. The Way Forward: The Options Beyond all this, did the Chairman watch himself in the mirror, before staging that market drama? If this had been done, I am sure wise counsel would have compelled the party to conduct an autopsy, before the aggressive attacks on the Judiciary. May I, therefore, advice that he learns from our leader, Asiwaju Bola Ahmed Tinubu, on this point. As recent as a few weeks ago, he did not only uphold the sanctity of the Judiciary, but counselled against any attack on the institution. The Chairman certainly needs a course in Tolerance 101, from Asiwaju. A person that cannot stand the heat, must get out of the kitchen. If the Chairman is not receptive to contrary views, he needs to excuse himself from the arena. Let him learn from great leaders, how they developed huge shock absorbers against insults, and are ever receptive to dissenting views. If suspension and expulsion had been their ways, there probably would not be any member in their fold again. The current mood in the party alone, quite apart from the misfortunes, justifies a major intervention. I am certainly not optimistic, about anything good coming out of the Akande Reconciliation Committee. Already, there CONTINUED ON PAGE 11

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OF TECHNICALITIES, JUSTICE AND SUPREME COURT’S DECISIONS Bayelsa State Just like a football match, where penalty shots are awarded by a perceived skewed referee to the two sides of the game, the Apex Court, in another blockbuster, dealt a deadly blow to the APC, where it ruled that the infraction by an “appendage” to its major candidate, which touches on qualification, clearly robbed the candidate of the APC, who had been declared Governor-elect and indeed, few hours to his inauguration, the bite of the hysteria of ruling the oil rich State, Bayelsa State. Based on these three scenarios, the knotty question that has been racking the brains of Nigerians is that, what is the stance of the Supreme Court when it comes to making a choice between legal technicalities, which is a concept that overrides the literal interpretation of the letters of the law on one hand, and the sheepish adherence to the letters of the law on the other hand? The former demands a judicial exercise and what perhaps, may be technically called judicial activism. Of course, our court have had the reasons to take to this in some cases years back. For example, during the screening process of Hon. Justice Ibrahim Tanko Muhammad as the 14th substantive Chief Justice of Nigeria, his Lordship admitted that there are indeed, technicalities in law by virtue of its inheritance from English law. While the latter on the other hand does not admit the discretion of the interpreter, rather he is expected to comply strictly with the letters of the law without room for “special” cases or exigencies. The Honourable CJN further submitted that, technicality in law is something that has to do with perception of the way you think you will be able to achieve the goals of what you want to achieve. On the other hand, where the Judges follow, without any judicial activism by way of philosophising, that is doing what will best serve the interest of justice. Justice does not only apply to the parties involved in the case, but the society, whose interest, at large, is at stake. In the judgement given in Bayelsa case, what has been done, is a precariously hazardous, an interpretation of the law which definitely silhouetted the ultimate aim of law, that is, the globally recognised which is justice. The fact is, whether the APC candidate in Bayelsa State, actually was voted for and wanted by the majority of the Bayelsans, is a statement of both fact and law. After a holistic perusal of the facts and judgements of the courts in these three cases, I was forced to ponder on whether law is a means to an end, or an end in itself. I was convinced to submit that, the end which law seeks to achieve, is justice. On a more convincing reason, it is important to stress that, law is not just a means to an end, but a means to many ends, and the security of any society will depend on ensuring that the ends of law are the ones that majority of the citizens can together recognise and respect, as valid. Rudolf Von Jhering, an 18th century German legal scholar asserted in his Magnus Opus titled “Law as Means to an End” that, the purpose of law was the protection of individual and societal interests, by coordinating them and thus, minimising occasions for conflict. Permit me at this juncture, to state without equivocation that, in the course of the application of letters of law, whether procedural or substantive, facts that are undeniably known, in addition to the ultimate aim of the application of letters of law, need be recognised, guided and adhered to strictly. This is more reasonably justifiable, because it is on this premise that laws made to regulate the conduct of a process or people do not defy rational logic, or end up being applied to an illogical conclusion. Based on this convincing belief, I am tragically alarmed to ask some fundamental questions which have troubled my mind, and indeed, the minds of other average Nigerians on the nexus between strict application of law, facts before the court, and the concept of justice. Pertinent Questions Firstly, what is the essence of taking a matter before the court, for adjudication? Secondly, what is the ultimate aim of choosing a universal suffrage to wit: an electioneering system,

been applied to deny the masses of Bayelsa State, their right to be led by the candidate which the majority of the electorate cast their votes for.

Biobarakuma Degi-Eremienyo

“IT IS TIME WE JETTISONED THE ADOPTION OF TECHNICALITIES THAT WILL RESULT IN DENYING THE MASSES FACTS, THAT ARE TOO GLARING TO BURY” where people’s voices are meant to count, rather than a selection system where an arbiter or cabal decides for the teeming population? What in fact, is the focal objective of setting rules, guidelines and laws; both substantive and procedural law, for the conduct of an election? The first question seems self-answerable based on the fact that, the court is the custodian of the legal order in every society, as an arbiter saddled with the responsibility of determining the existence, applicability or legality of rights and privileges of every member of the society, thus, the essence of taking issues arising out of this before a court with a view to apply the existing laws to the facts before it, so as to attain a just society. Basically, the essence of voting or suffrage system, is for people’s voices to count. This simply connotes that, any society that adopts the electioneering system rather than selection system, has actually agreed to make the voice of the majority count. It therefore, stands to reason, to state that where any rule, regulation or law is brought in between, with a view to “preserve” the system, but subsequently negates the focal objectives of the principal reason that necessitated the rule, regulation or law, then it will be in the interest of real justice to jettison the rule at the expense of suppression of the majority will of the people. Doing contrary to this, makes the whole system fraught with the danger of promoting technicalities, at the expense of the principal objective of going into the system in the first place. In Bayelsa gubernatorial race for instance, the fact that the APC candidate, David Lyon was voted for by his people with wide margin, was never controverted. Without being oblivious of Section 177 of the Constitution, which disqualifies anyone who does not have the requisite certificate and Section 187(1) and (2) which makes it mandatory for anyone contesting for governorship to run with a deputy, however, I am of the firm view that, in this case at hand, technicality and strict adherence to the letters of law was adhered to at the expense of substantive justice. Legal technicalities were adversely applied, to rob the electorates in Zamfara State, of the majority’s votes to elect their leaders. Also, same technicality had

OSHIOMHOLE, APC AND THE BAYELSA CONUNDRUM have been mountains of opposition against the leadership, as well as composition from various States, particularly Oyo, Ondo, and Edo etc. I hope to be proved wrong. I say that it is not out of place, with time still on the side of the party before the next major elections, to dissolve the National Working Committee of the party, particularly when vacancies already exist in about four to five positions. In the alternative, I appeal to the Chairman to honourably step aside. The party needs urgent reorganisation towards strengthening its capacities, and doing the right thing. A stitch in time saves nine! I am unable to conclude this piece without quoting the immortal word of the Supreme Court in the case of C.P.C. v Ombugadu [2013] 18 NWLR (Part 1385) 66 at 129 to 130, paras. F-E where the My Lord, Ngwuta, JSC, admonished thus: “An army is greater than the numerical strength, of its soldiers. In the same vein, a political party is greater than the numerical

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More Pertinent Questions The question thus, remains that, has justice been, or/ and seen to have been done in its real sense, in these two scenarios? Has justice been meted out to the electoral system, which constitutionally embedded a democratic system of electing governments by the will of the majority of the people? Has justice been allowed to permeate the socio-political atmosphere in Zamfara and Bayelsa where for the undoing of some unscrupulous elements, the minority was allowed to prevail over the majority? One may ask, of what essence is the strict application of the letters of the law, where such obviates the canon of justice? An American socio-legal scholar, Brian Tamanaha, in his quest to explain the essence of law and what law seeks to achieve, came up with what he calls “ non- instrumental” views of law, wherein he treated law as having inherent values or qualities related to a sense of ‘common good’ or an idea of society’s natural or moral order. He further posited that, the idea to see law as an end in itself, is pernicious, and that such view becomes a threat, when law is detached from any sense of an overall public good. Conclusion In conclusion, the ancestors have spoken, and that remains final of all finalities, a fortiori, any other opinion rendered, is a vainglorious attempt is least to say, at best, they all remain a mere obiter, that is not binding, a fortiori, not even persuasive to the courts. After all, who are we to question the almighty wisdom of the Supreme Court? However, we owe it as a duty, to lend our voices for or against the decisions taken by this institution, because whatever is set as law or its interpretation by this exalted arm, becomes the templates and binding authorities which bind us, and even the generations yet to come. From Gusau to Talata Mafara, in the capital city of Owerri down to all the Mbis in Imo State, and of very recent thronging from Yenagoa the seat of power in Bayelsa State permeating to Agudam, Mbiama and Kolokuma/ Opokuma, the Supreme Court’s judgements have been widely protested by the majority in these States, the reason being that, the will of the majority, had been subjugated to that of an inconsequential minority. Our society demands from us that we play down legal technicalities as much as possible, and ensure that substantial justice is done between man and man and man and the larger society. The Supreme Court held in Adeleke v Awoniyi (1962) 1 All NLR 260, that “it is now beyond the place of argument, to say that as officers of the court, we do not owe a duty to our society or community. The welfare of the community is preserved, when the public is satisfied with the standard of the administration of justice. It is our firm conviction that, either in civil case or a criminal trial, the stake which the community has in seeing that justice is done is so great, that when and if it turns out that justice is not done, society frowns at and condemns what has been handed down as justice by the court”. It is on this premise, that I do allow myself to be driven by a patriotic sense of nationalism. I sincerely believe that, it is high time we reasoned as a people and considered to have an organic, workable and rational judgement which saves the Judiciary from being scandalised by phoney concepts, such as unpopular and anti-masses technicalities and puerile adherence to mere letters of the law, all at the detriment of real justice. It is time we stopped denying the majority of their will to elect their leaders, simply on the cheap adherence to mere letters of law. It is time we jettisoned the adoption of technicalities that will result in denying the masses facts, that are too glaring to bury. Let me conclude by the rhetoric of the late MKO Abiola which goes thus: “a nation that does not do justice, cannot know peace”. Rilwan Balogun, Legal Practitioner, Lagos

CONTINUED FROM PAGE 10

strength of its membership, just like a country, for instance, Nigeria, is greater than the totality of its citizens. It follows that, in the case of a political party, such as the 1st Appellant herein, the interest of an individual member or a group of members or a group of members within the party, irrespective of the place of such member or a group in the hierarchy of the party, must yield place to the interest of the party. It is the greed, borne of inordinate ambition to own, control and manipulate their own political parties by individuals and groups therein, and the expected reaction by other party members that result to the internal wrangling and want of internal democracy, that constitute the bane of political parties in Nigeria. If the party primary that produced the 1st Respondent whose name and particulars were duly sent to INEC by the party that conducted it was not conclusive, it could not have produced a candidate. The second primary election conducted by the 1st Appellant was a farce, subterfuge to accommodate a new entrant and a

latecomer to the party, to the detriment of the party and its duly nominated candidate. May be, if another higher bidder had come up before the election, the purported second primaries would have been discarded in favour of a third one, to accommodate the latecomer. This shows lack of principle, sincerity of purpose and patriotism, dictated by excessive materialism. It is apparent that a few powerful elements therein hijacked the parties and arrogated to themselves the right to sell elective and appointive positions to the party member who can afford same.... There is a popular saying that, politics is a dirty game. I do not share this view. It is the players who are dirty, and they inflict their filth on their members, and by implication, on the society. Politicians must learn to play the game of politics, in strict compliance with its rules of organised society. I need not say more”. Dr Muiz Banire, SAN, a former Lagos State Commissioner for Transport

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25.02.2020

TALKING CONSTITUTIONAL DEMOCRACY DR. MIKE OZEKHOME, SAN

SMS only to 08098898888

Different Countries, Different Forms of Government (Part 14)

L Federalism Introduction

ast week we dwelt on Socialism as a form of government, and the advantages and failures of this form of government. Socialism as seen in our last outing, is a political, social and economic theory of social organisation which advocates that the means of production, distribution and exchange should be owned or regulated by the entire community, and not by individuals. Today, we shall begin our discourse on Federalism as a concept of governance, or State structure.

Concept and Meaning of Federalism Federalism is derived from the Latin word “foedus”, meaning covenant. It is a political concept, in which a group of members are bound together by covenant with a governing representative head. The term is also used to describe a system of government, in which sovereignty is constitutionally divided between a central governing authority and constitutional political units (like states or provinces). Federalism is a system in which the power to govern is shared between National and State Governments, creating what is often called a Federation. Powers in a federal set up are constitutionally shared, between the central government and the federating units. In Nigeria, this is between the Federal, State and Local governments (Sections 2 and 3 of the 1999 Constitution of Nigeria). It is to be noted that, it has been difficult for scholars over the years, to reach a consensus with regard to the definition of Federalism. This problem is inherent in the fact that, it is difficult to establish a proper linkage between theory and practice of Federalism on the one hand, and the issue of different scholars viewing Federalism from different perspectives, on the other hand. However, the concept of Federalism has attracted the attention of various scholars, hence the need to look at different definitions of scholars on Federalism. K.C. Wheare, the “father of Federalism”, as regard the legal or constitutional perspective of Federalism, defined Federalism as a constitutional arrangement which divides law making powers and functions of the State, between two levels of government which are coordinate in status. By this definition however, K.C. Wheare emphasises the need for each level of government to have adequate resources to perform its functions, without appealing to the other level of government. He went further to argue that, if the component government in a federation discovers that the services given to them are too expensive for them to perform, and call on the federal government for assistance, they are no longer coordinate to the federal government, but subordinate to it; and when this happens, Federalism ceases to exist. Though this definition has been described as too legalistic and rigid, it has remained the classical definition of Federalism. In the same vein, Professor B.O. Nwabueze in his book, “Federalism in Nigeria under the Presidential Constitution”, stated that: Federalism is an arrangement whereby powers of government within a country are shared between a national (nationwide) government and a number of regionalised (i.e. territorially localised) governments, in such a way that each exists as a government separately and independently from the others, operating directly on persons and property within its territorial area, with a will of its own and its own apparatus for the conduct of its affairs and with an authority in some matters exclusive of all others. According to Professor Itse Sagay, Federalism is: “an arrangement whereby powers within a multi-national

“THE “ANTI-FEDERALISTS” WERE FEARFUL OF UNDUE CENTRALISATION. THEY WORRIED THAT THE POWERS OF CENTRAL AUTHORITIES, WERE NOT SUFFICIENTLY CONSTRAINED...... THEY ALSO FEARED THAT, THE CENTRE MIGHT GRADUALLY USURP THE MEMBER UNITS’ POWERS”

President Muhammadu Buhari

country are shared between a federal government and component units in such a way that each unit, including the central authority, exists as a government separately and independently from others, operating directly on persons and properties within its territorial area and with a will of its own apparatus for the conduct of affairs and with an authority in some matters exclusive of others”. For the inimitable Elaigwu, Federalism simply is: “...a compromise solution in a multinational State between two types of self-determination - the determination to maintain a supranational framework of government which guarantees security for all in the nation-state on the one hand, and protects the self- determination of component groups which seek to retain their individual identities on the other hand”. Federalism also has been seen by Kincaid John, as the approach to governance, that seeks to combine unity or shared rule with diversity or self-rule. R.L. Watts defines Federalism as a political system characterised by two sub-systems, one of central government and the other of State governments, in which the component government are coordinate in the sense that, neither is politically subordinate to the other, but interact with each other at many points both cooperatively and competitively. The main idea here is that, although it is desirable that each level of government should be relatively autonomous in its sphere of competence, there is also the need for intergovernmental cooperation, as well as the inevitability of competition. C.J. Fredrich sees Federalism somewhat differently (from the way K.C. Wheare sees it) when he defined federalism thus: Federalism is a process by which a number of separate political communities enter into arrangements for working- out solutions, adopting joint policies and making joint decisions on joint problems, and conversely, also the process by which a unitary political community becomes differentiated into a federally organised whole, i.e. as a process of Federalism. To him, institutional cooperation is an integral part of Federalism, as it involves a working arrangement to achieve an objective at a particular time. History of Federalism in Western thought A wide-spread interest among political philosophers in topics concerning the centralised nation State, has fuelled attention to historical contributions on unitary sovereignty. However, we can also identify a steady stream of contributions to the philosophy of Federalism, also by those better known for their arguments concerning centralised power. Several of the early contributors to federalist thought, explored the rationale and weaknesses of centralised States as they emerged and developed in the 17th and 18th century. Johannes Althusius is often regarded as “the father of modern federalist thought”. He argued in “Politica Methodice Digesta” (Althusius 1603) for autonomy of his city Emden, both against its Lutheran provincial Lord and against the Catholic Emperor. Althusius was strongly influenced by French Huguenots and Calvinism. As a permanent minority

in several States, Calvinists developed a doctrine of resistance as the right and duty of “natural leaders” to resist tyranny. Orthodox Calvinists insisted on sovereignty in the social circles, subordinate only to God's laws. The French Protestant Huguenots developed a theory of legitimacy further, presented 1579 by an author with the telling pseudonym “Junius Brutus” in Vindiciae Contra Tyrannos. The people, regarded as a corporate body in territorial hierarchical communities, have a God-granted right to resist rulers without rightful claim. Rejecting theocracy, Althusius developed a non-sectarian, non-religious contractualist political theory of federations that prohibited State intervention, even for purposes of promoting the right faith. Accommodation of dissent and diversity, prevailed over any interest in subordinating political powers to religion or vice versa. Since humans are fundamentally dependent on others for the reliable provision of requirements of a comfortable and holy life, we require communities and associations that are both instrumentally and intrinsically important for supporting our needs. Families, guilds, cities, provinces, States and other associations, owe their legitimacy and claims to political power to their various roles in enabling a holy life, rather than to individuals' interest in autonomy. Each association claims autonomy within its own sphere, against intervention by other associations. Borrowing a term originally used for the alliance between God and men, Althusius holds that associations enter into secular agreements—pactum foederis—to live together in mutual benevolence. Several early contributors explored what we may now regard as various species of federal political orders, partly with an eye to resolving inter-State conflicts. Ludolph Hugo was the first to distinguish confederations based on alliances, decentralised unitary States such as the Roman Empire, and federations, characterised by ‘double governments’ with territorial division of powers, in De Statu Regionum Germanie. Charles de Secondat, Baron de Montesquieu argued in “the Spirit of Law” for confederal arrangements as combining the best of small and large political units, without the disadvantages of either. On the one hand, they could provide the advantages of small States, such as republican participation and liberty understood as non-domination—that is, security against abuse of power. At the same time, confederal orders secure the benefits of larger States, such as military security, without the risks of small and large States. A ‘confederate republic’ with separation of powers, allows sufficient homogeneity and identification within sufficiently small member units. The member units in turn, pool powers sufficient to secure external security, reserving the right to secede (Book 9, 1). Member units serve as checks on each other, since other member units may intervene to quell insurrection and power abuse, in one member unit. These themes reoccur in later contributions, up to and including discussions concerning the European Union. David Hume, disagreed with Montesquieu that, smaller size is better. Instead, “in a large democracy ... there is compass and room enough to refine the democracy.” In “Idea of a Perfect Commonwealth”, Hume recommended a federal arrangement for deliberation of laws involving both member unit and central legislatures. Member units enjoy several powers and partake in central decisions, but their laws and court judgements can always be overruled by the central bodies, hence it seems that Hume’s model is not federal, as the term is used here. He held that, such a numerous and geographically large system would do better than small cities, in preventing decisions based on “intrigue, prejudice or passion” against the public interest. The “Anti-federalists” were fearful of undue centralisation. They worried that the powers of central authorities, were not sufficiently constrained, e.g., by a bill of rights that was eventually ratified in 1791. They also feared that, the centre might gradually usurp the member units’ powers. Citing Montesquieu, another pseudonymous ‘Brutus’ doubted whether a republic of such geographical size, with so many inhabitants with conflicting interests, could avoid tyranny and would allow common deliberation and decision based on local knowledge . Recent philosophical discussions concerning Federalism have addressed several issues, including centrally the reasons for Federalism, and attention to the sources of stability and instability; the legitimate division of power between member units and centre; distributive justice, challenges to receive democratic theory, and concerns about the politics of recognition. (To be continued). THOUGHT FOR THE WEEK “We need to reinstate the idea of Federalism.” (Jeff Fortenberry).

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25.02.2020

Usoro, Olanipekun, Kazeem Eulogise Bulkachuwa on Retirement

Jude Igbanoi

The outgoing President of the Court of Appeal, Hon. Justice Zainab Bulkachuwa got a good dose of commendations last Wednesday, at the Valedictory Court session held in her honour at the Court of Appeal, Lagos Division. Bulkachuwa who is bowing out of the appellate court on her attainment of the mandatory retirement age of 70, said in her remarks that she would spend her retirement advocating girl-child education. She said, had her father not given her a chance to go to school, she would not have been able to fulfil her dream, or attain her potential. She added that, despite retiring, she would not cease to be a part of the judicial system, adding that, she had no fear that her legacies would endure because she had mentored many Judges. “I will still be with my sisters and brothers in the Supreme Court, Court of Appeal and High Courts. I have mentored so many young

judicial officers and upcoming Lawyers, to carry on the legacies. I will still be part of the judicial system despite my retirement”, she said. Speaking behalf of the Body of Senior Advocates, Chief Wole Olanipekun, SAN, said Justice Bulkachuwa deserves all the accolades being showered on her, having discharged her duties as President of the Court of Appeal. He however, noted that, the Judiciary is gradually losing its dignity and respect, as unsavoury and uncomplimentary remarks about judicial officers are seen on the social media on a daily basis. Former Lagos State Attorney-General, Adeniji Kazeem, SAN, who spoke on behalf of the President of the Nigerian Bar Association said: “My Lord’s looks and appearance, actually belie My Lord’s age of almost 70. It surely must be the Grace of God, above all, that keeps My Lord, the PCA, looking so ageless and young. “The life of Bulkachuwa PCA reminds us all, what the Nigerian girl-child and indeed,

woman, can achieve with her God-given intellect and talents, if given the chance and opportunity. We more often than not, scoff at the idea that women are naturally gifted in multi-tasking, but before us today, is one illustrative example of an extremely successful multi-tasking woman, who has graciously and with great dexterity and enormous success, combined her role as wife, mother, grandmother, aunt, and high-achieving career as a professional women. “My Lord Bulkachuwa PCA arrived the Court of Appeal Bench from a sustained and illustrious judicial career, that started with her appointment as a Magistrate with the Kaduna State Judiciary in 1980. “At a time that being a Lawyer, not to mention being a judicial officer, is becoming an extremely risky enterprise given the contrived minefields and boobytraps that are deliberately and mischievously placed on our way, by those who seek to demonise the profession and the Judiciary, it is remarkable and indeed, calls for celebration and thanksgiving, that Your

Lordship has served our nation as a high-ranking judicial officer without blemish, and will be retiring shortly, unscathed and spotless. “My Lords, to raise an issue that is of great concern to Lawyers generally and in particular, litigants in the Lagos Division of this Honourable Court, that is the need for appointment of more Justices of the Courts of Appeal. The Justices of this Division in particular, have been greatly overworked, not just because of the litigious nature of Nigerians generally, but given the megacity status of Lagos and its position as the commercial capital of Nigeria, with the attendant and inevitable multitude of legal conflicts. Ideally, the Lagos Division of this Honourable Court should have not less than 3 (three) Panels that sit regularly and consistently to reduce and spread the workload, and that means, having more JJCA that are posted to the Division.” The NBA therefore, calls for the immediate appointment of additional Justices of the Court of Appeal, not just for the Lagos Division of the Court, but for literally all the Divisions.

L-R: Hon. Justice Obande Ogunya, Hon. Justice Muhammed Lawal Garba and Hon. Justice Ikye

L-R: Hon. Justice Obande Ogunya, PJCA Lagos Division, Hon. Justice Mohammed Lawal Garba and the outgoing President of the Court of Appeal, Hon. Justice Zainab Bulkachuwa

L-R: Life Bencher, NBA, Mrs. Hairat Balogun, former NBA President, Chief Wole Olanipekun, SAN and former Lagos State Attorney-General andCommissioner for Justice, Mr. Adeniji Kazeem, SAN

L-R: Lagos State Attorney-General andCommissioner for Justice, Mr. Moyosore Onignanjo, SAN, Hon. Justice Olubunmi Oyewole, JCA, Lagos State Chief Judge, Hon. Justice Kazeem Alogba, Chief Wole Olanipekun, SAN and Mrs. Funke Sdekoya, SAN

Hon. Justice Bisi Omoleye, JCA, Hon Justice Helen Ogunwumiju ,JCA and Hon. Justice Ussein Mukhtar, JCA

Hon. Justice Hakeem Abiru, JCA (left) and Hon. Justice Gabriel Kolawole, JCA

25.02.2020

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USORO, OLANIPEKUN, KAZEEM EULOGISE BULKACHUWA ON RETIREMENT CONTINUED FROM PAGE 14

Hon. Justice Abdu Aboki and Hon. Justice Ahmad Belgore

Hon. Justice A.D. Yahaya PJCA, Kano Division and Hon. Justice T.N. Orji Abadua, PJCA, Ekiti Division

L-R: Hon. Justice Tinu Akomolafe-Wilson JCA; Hon. Justice Oludotun Adefope-Okojie JCA and Hon. Justice Fatima Akinbami JCA

Professor Taiwo Osipitan, SAN (left) and Edo State former AttorneyGeneral and Commissiner for Justice, Mr. Charles Edosomwan, SAN

Mr. Dele Adesina, SAN (left) and Mr. Toyin Pinhero, SAN

L-R: Mr. Uche Val Obi, SAN, Mr. George Oguntade, SAN and Mr. Ayodele Akintunde, SAN

Oba of Lagos, Oba Rilwan Akiolu and Mr. Moyosore Onigbanjo, SAN

Hon. Justice A.W. Ubaka and Hon. Justice O. Obaseki–Osaghae

L-R: Hon. Justice Oyekan Abdullahi, Hon. Justice Fatima Akinbami, JCA and Hon. Justice Toyin Ipaye

Appeal Court Sets Aside Judgement on Ikoyi Club’s Expulsion of Member, Onanuga, Orders Reinstatement Akinwale Akintunde The Court of Appeal, Lagos Division, has set aside the judgement of a Federal High Court sitting in Lagos, in a suit instituted against the Registered Trustees of Ikoyi Club 1938 by an expelled member of the club, Dr. Olufemi Onanuga. The court also ordered the reinstatement of Dr. Onanuga, as a bonafide member of the Ikoyi Club 1938. Dr. Onanuga through his Lawyer, Dotun Oduwobi, challenged the judgement of Justice I. N. Buba of the Federal High Court sitting in Lagos, who in 2013 dismissed the suit he had filed against the Club, over alleged wrongful expulsion from the Club. The Plaintiff, who said he had served the Ikoyi Club 1938 in various capacities, had in his suit contended that his expulsion from the Club was wrong, on the ground that the Defendant is not permitted by law to act upon or enforce its Constitution of years 2009 and 2010, which were neither approved nor registered with the Corporate Affair Commission (CAC) as prescribed by Section 681 and 683 of the Companies and Allied Matters Act (CAMA), 1990. Onanuga in the suit filed by way of Originating Summons, had prayed the trial court to declare that by the provision of Section 681 and 683 of CAMA, 1990, the Constitution of Ikoyi Club 1938 made in years 2009 and 2010, are null and void and of no effect whatsoever, having not been approved and registered by CAC. The Plaintiff had asked the court to declare that his suspension and eventual expulsion from the membership of the Club by the

Defendant exercising disciplinary powers under the non-existent Constitution of Ikoyi Club 1938 of 2010, were unlawful, unconstitutional and null and void. He had also sought an order of the court setting aside all disciplinary actions taken against him by the Club directly or through its ad hoc committee under the said Constitution of the Club, as detailed in the Trustees report on diverse investigation panels/trustees ad hoc disciplinary committee dated July 2011. Further, while asking for the sum of N10 million against the Defendant as general damages for inconveniences and reputation, he had urged the court to order that he remain a bonafide member of the Club, and that he is entitled to full membership. But, in his January 2013 judgement, Justice Buba dismissed the Plaintiff’s claim in its entirety, for lacking in merit. Displeased, Onanuga went on appeal, asking the Appellate court to reverse the judgement of Justice Buba, and grant all the reliefs sought by him. He contended that, the lower court acted in error and thereby occasioned him a grave miscarriage of justice, when it failed to discharge its duty to determine and pronounce on the main issues properly raised, adding that, the court proceeded instead to base its judgement on matters not raised before it. He submitted before the appellate court that, the main matter before the trial court revolved quite simply around the question whether the Defendant who was not incorporated of CAMA, could competently act on the basis of an unapproved and

unregistered Constitution of the Club of which they are Trustees. Counsel to Onanuga had argued before the court that, the trial Judge failed in his duty to adjudicate the case before him based on the issues and evidence presented by the parties, and resolving all the issues properly raised, by abandoning the question of law he was asked to determined. On the other hand, counsel for Respondent (Trustees) argued that, the principle of law to the effect that a trial Judge must address all issues brought before it, admits of exceptions, such as where a determination of the issue would result in a nullity, which the issue before the lower court falls under, hence, the trial judge rightly held that a determination of the question whether the Respondent could rely on its Constitutions of 2009 and 2010, would not affect the outcome of the case, because of the principle of law to the effect that declaratory reliefs are equitable, and the hands of the Appellant were not clean. Respondent’s counsel argued that, the court ought not be used as an instrument of fraud, and that since both Constitutions of 2009 and 2010 contain similar provisions outlawing fraud, and creating Disciplinary Committee, the disciplinary action taken against the Appellant based on the alleged fraud he committed, ought to stand. Giving their judgement, the three-man panel of Justices of the Court of Appeal, comprising Justice Joseph Ikyegh, Justice Ugochukwu Ogakwu, and Justice Jamilu Tukur, held that the disciplinary actions of the Respondent with regard to Ap-

pellant, having arisen from the 2009 and 2010 Constitutions, which were enacted contrary to the express provisions of statute, do not exist in law, and cannot be given any legal backing. In an unanimous decision, the Appellate Court Justices while agreeing with Appellant’s counsel that the trial Judge did not carry out his functions as he ought to, held that, it is not for a trial court to make a case for Defendants, as such constitutes descending into the arena, which the law frowns at, because it serves as a form of erosion of the right to fair hearing from the viewpoint of avoidance of bias and impartiality. “With regard to the application of equitable principles, firstly, equity follows the law and where equity and law are in conflict, the law would prevail, and secondly, it has not been established that the Appellant’s hands are ‘not clean’, thus, that cannot be a basis for denying request of the Appellant. “The Appellant by his seeming agreement to the 2009 and 2010 Constitutions, cannot operate to cloak them with legality. In view of this, it is null and void, and every action premised on them cannot be lent credence by a court of law. “The issues raised by the Appellant, are therefore, resolved in his favour, and the appeal succeeds. The judgement of the lower court delivered on 22nd of January, 2013 in Suit No. FHC/L/CS/1004/2012, is hereby set aside”, the court held. The court also awarded the sum of N100, 000 against the Respondent and in favour of the Appellant, for the cost of prosecuting the Appeal.

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25.02.2020

WORDS OF WISDOM

(Culled from the Internet)

23

T H I S D AY ˾ Ͱͳ˜ 2020

BUSINESSWORLD

Group Business Editor Obinna Chima

Email obinna.chima@thisdaylive.com 08152447875

Ͱ ͯ ˜ Ͱ ͮ Ͱ ͮ MONEY MARKET OVERNIGHT OBB

REPO 3.83 3

CALL 1-MONTH 3-MONTH

3 4 6

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

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

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Quick Takes AXA Mansard Partners with Jumia

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L-R:CorporateAffairsDirector,InternationalBreweriesPlc,MichaelDaramola;IndependentNon-ExecutiveDirector;Mrs.OlutoyinOdulate;CEO, NigerianStockExchange(NSE),OscarOnyeama; FinanceDirector;InternationalBreweriesPlc,BrunoZambrano; Budgeting BusinessPerformance Manager,AlexAtuona,andCompanySecretary/GeneralCounsel,MuyiwaAyojimi,duringthevisitofInternationalBreweriesPlc totheNSEandthe listingofthecompany’srightsissue,ontheNSEinLagos...recently

Report: Nigeria Unlikely to Become Net Petrol Exporter in 2020 Stories by Chineme Okafor in Abuja A new report – the Benchmarking Exercise Report (BER) 2019 – by the Nigerian Natural Resource Charter (NNRC) has said it is unlikely that Nigeria will become a net exporter of petrol this year as planned by the federal government. The report which was unveiled recently in Abuja, studied Nigeria’s progress in accordance with 12 select precepts chosen to determine the country’s progress in her oil and gas industry. It explained that so far, existing conditions do not suggest that the country would meet her target of becoming a net petrol exporter in 2020. The NNRC’s 12 BER pre-

ENERGY cepts included strategy, legal framework, and institutions; transparency and accountability; exploration, licensing, and monitoring operations; taxation and other company payments; local impacts; and state-owned enterprises. It also had for consideration investing for growth; public spending; private sector development; the role of extractive companies and the role of international community in the precepts. Analysing the country’s resource strategy, a part of the BER stated that between 2017 and 2019, average capacity utilisation (ACU) in Nigeria’s refineries which are managed by

the Nigerian National Petroleum Corporation (NNPC) worsened, dropping from eight per cent in 2017 to less than four per cent during the first seven months of 2019. “This is a long way from achieving the government’s set targets to reduce petroleum products imports by 60 per cent in 2018 and become a net exporter of refined petroleum by 2020,” it explained. It added that: “At the current pace, the government is unlikely to achieve the latter (net exporter of petrol). The oil sector and economic performance also fell short of benchmarks specified in policy documents - evidence of inadequate planning and analysis put into the formulation of strategy documents by state

actors supports this.” According to the report, gaps still exist in the institutional and legal frameworks of Nigeria’s oil and gas sector especially with the non-passage of the Petroleum Industry Bill (PIB) which it insisted created a further setback for reform in the sector. The Programme Coordinator for NNRC, Tengi George-Ikoli explained in a note to THISDAY that the BER 2019 covered the findings of NNRC’s thorough examination of the country’s petroleum resource wealth management from the beginning of 2018 to the end of 2019. George-Ikoli, stated that the BER was an exceptional policy document that could be used by Continued on page 24

‘Nigeria’s Oil Industry Not Free from Hacktivists’ Nigeria’s oil and gas industry may not be free from the growing threat of cybercrime in the global economy and could be hit by hacktivists if it doesn’t guard against the criminals, the Technical Adviser on Gas Business and Policy Implementation to the Minister of State for Petroleum Resources, Justice Derefaka, has warned. Hacktivists are groups of criminals who unite to carry out cyber-attacks in support of political causes. Derefaka who is also the Project Manager for the Nigerian Gas Flare Commercialisation Programme (NGFCP), explained during a recent meeting of the Society of Petroleum Engineers (SPE) in Port Harcourt. According to him, risks associated with cybercrime were high across the world and Nigeria’s

ENERGY oil industry being a part of it could not be exempted from such risks. He provided examples of how global oil firms such as the Saudi Aramco were hacked by hacktivists, adding that the danger for Nigeria was real and stressed the need to focus on practical and comprehensive measures to guard against such threats. “Cyber threats are a growing issue, difficult to regulate and damage can be asymmetrical. The oil and gas industry in Nigeria is about the largest economic contributor in terms of added value. “Due to the high levels of revenue generated by the industry and the high dependency level

of other sectors on the industry, it is likely to be affected by ‘our common enemy’ - cybercrime/ hacktivists,” said Derefaka in his presentation. According to him, operators in the country’s oil sector should be willing to cooperate to form an eco-system to forestall potential hacks into their operations. He stated that: “For the Nigerian oil and gas industry, strong cybersecurity has become fundamental to a resilient business and industry ecosystem. With effective cyber-risk management, the industry can achieve smarter, faster and more connected futures, driving business growth.” Continuing, he said cyber threats to business continue to evolve, as “public- and privatesector leaders are called upon to address them in the digital and

physical worlds, mitigate any potential harm to individuals and avoid the disruption of critical services to the nation.” He further stated that, “In Nigeria, it is the collective responsibility of government and the oil and gas industry players to take full ownership of the cyber challenge and to work out a remedy together.” Derefaka, equally noted that the global oil and gas industry was familiar with big data, technology and digital innovation and as such should be able to tackle issues of cybercrime effectively. He said recent digital disruption across industries and economy were good and should be embraced efficiently by Nigeria’s oil industry to lower Continued on page 24

AXA Mansard Investments said it has Gone into partnership with Jumia’s lifestyle App, Jumia One, to offer AXA Mansard’sMoneyMarketFundtomembersofthepublic.Inaddition to AXA Mansard’s MyAXA app, AXA Mansard’s Money Market Fund is now accessible through the Jumia One app, a statement explained. This means that new and existing clients can now either sign up and/ or make payments to the money market fund on the Jumia One app. Head of Solutions at AXA Mansard Investments, Renan Osiemi, speakingonthepartnership,said“AXAremainscommittedtoempowering people live better lives. We are therefore very excited about this partnership with Jumia One which will make transactions easier and money market fund more accessible to a wider number of people”. He described the Jumia One as a one-stop shop app to fulfil one’s daily needs in a single click. He said with the solution, people could recharge phones, pay bills, order food or a cab, book a hotel or a flight, find next house or car, read the best blogs, bet online, listen to radio and even get money back from next purchases. Also speaking on the partnership, Head of Jumia One, Tunde Akinnuwa, said: “Our mission is to bring every online service in one place and make them easier, more secure and more affordable to everyone. Therefore, we have chosen to work with an organisation whose mission aligns with ours. AXA Mansard has proven over the years that they remain resolute in providingexcellentclientexperience andredefiningthewayinvestment solutions are delivered.”

Chain Reactions Now NBC’s PR Agent

Chain Reactions Nigeria said it has been appointed as the new strategic communications and reputation managers to the Nigerian Bottling Company (NBC) Limited, a member of the Coca-Cola Hellenic Bottling Company (CCHBC). Chain Reactions is the Exclusive Nigerian Affiliate and West African Partner to Edelman, one of the largest communications company with presence in 65 countries. In the new role, the firm was expected to bring its wealth of experience to impact on the NBC’s overall operations, enhancing reputation asset and the bottlers’ communication with its wide range of stakeholders. CommentingontheappointmentofChainReactionsNigeria,Director, Public Affairs and Communications, NBC, Eze Ekuma, said: “Consistent with our global standard and NBC’s contract review policy, we set up the pitch processes for appointing a qualified public relations service provider in July 2019. “After the painstaking process that lasted months, we found Chain Reactions Nigeria as meeting the professional and capability requirements that we set. On behalf of the Board, Management and Staff of NBC, I congratulate Chain Reactions on winning the pitch. I welcome the firm onboard and we look forward to a smooth partnership. We appreciate the outstanding contribution of our former PR managers, Integrated Indigo with whom we shared mutual respect while working together. We wish the firm the best in all its endeavours.” Speaking on the new appointment, Managing Director/Chief Strategist, Chain Reactions Nigeria, Israel Jaiye Opayemi, said: “For us at Chain Reactions, it is a privilege we cherish to be appointed to manage a global brand that has been driving the story of refreshing and impacting lives for over 100 years.”

Rwanda to Boost Spending

Rwanda’s Finance Minister, Uzziel Ndagijimana, on Monday asked parliament to raise the government’s spending for the financial year to June by 4.8 per cent. The East African economy, which is mainly dependent on farming and services like hospitality, grew by an average of 10.9 per cent in the first nine months of last year, Ndagijimana said. The government’s motion is almost certain to pass through parliament where President Paul Kagame’s ruling party has full control. According toReuters,theadditionalexpenditurewouldincreasethegovernment’s spendingto3.02trillionfrancs($3.29billion),withtheextracashfunding thehiringofnewdoctorsandothergovernmentprograms,theminister said. He said the extra cash would be raised through tax revenues and other non-tax revenues, without providing more details.

“As we speak we have a market Committee going round engaging some of these companies to come to the market” SEC Acting DG

Mary Uduk

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BUSINESSWORLD REPORT: NIGERIA UNLIKELY TO BECOME NET PETROL EXPORTER IN 2020

Nigeria’s government to realign her policies in the oil industry. “This report which was painstakingly put together by a team of well accomplished research institutions is undoubtedly the most incisive, in-depth and well detailed account of the developments in the petroleum sector in the period under review. “It seeks to find answers to very important questions such as whether the government has clearly identified the country’s resource endowment, ownership and full impacts of extraction,” said George-Ikoli. According to her: “It equally demands if the government has an inclusive and comprehensive national strategy for the management of resources as well as to what extent the resource management should secure the greatest benefit for citizens through an inclusive and comprehensive national strategy, clear legal framework and competent institutions, among others. “Most importantly it highlights the perennial issue of the neglect of oil producing communities and the delays as ‘NIGERIA’S OIL INDUSTRY NOT FREE FROM HACKTIVISTS’ cost and increase value-addition. “Connectivity has shown the potential to empower millions of people, while providing businesses with unparalleled opportunities for value creation and capture. “By 2025, it is anticipated that there will be more than 50 billion devices connected to the internet. “This is having a disruptive impact on many industries, including the oil and gas sector, among others. Digital is a key enabler in the oil and gas industry to lessen costs, make faster and better decisions, and to increase workforce productivity. “The overarching upside is that, the use of technologies now unleashes new hydrocarbon resources and deliver operational efficiencies across the value chain by rapidly shifting from being the legacy enabler to being a game changer,” he explained, adding that this should be embraced with full realisation of the threats posed by cybercrime.

Group Business Editor

Obinna Chima

Capital Market Editor

Goddy Egene

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)

Dike Onwuamaeze

NEWS

NCDMB, NAOC Boost Local Content in Oil and Gas Sector

in general. list.” engineering, mechanical and is chances for employment. “We remain committed to Similarly, the General He also enjoined the grandThe federal government’s piping engineering, process drive for more Nigerians to engineering, electrical engi- aunts to be good ambassadors Manager, Nigerian Content develop our people and create participate in the country’s oil neering and instrumentation of the NCDMB “as we release Development, NAOC, Mr. an environment where people you not just into the labour Tajudeen Adigun, said NOAC can thrive and excel at what and gas sector received a boost engineering. “We believe that the graduat- market but to the favoured has demonstrated and would they do,” he said, adding recently with the graduation of 25 trainee engineers with ing trainees are in no doubt market with endless opportuni- continue to demonstrate its that the Amazon Energy also commitment to the issue of worked with NAOC to reduce relevant skills to operate in well equipped with relevant ties.” The General Manager, local capacity building in gas flaring in NAOC’s Kwale various areas of oil and gas skills to favourably compete with their peers in any part Capacity Building Division Nigeria oil and gas sector. facility. operation. One of the grandaunts, BlessAccording to the Group The engineers were trained of the world. You have been of NCDMB, Dr. Ama Ikuru, by Amazon Energy Limited for prepared to go into the world said board, “is insisting on Chief Executive Officer ing Amakemie, said that the competent based training, of Amazon Energy, Mr. training in civil engineering 30 months under the Kwale and take control,” he said. He commended the Amazon which is the skill and ability Olayinka Oluwatimehin, the she received had bequeathed Gas Flaredown Training Project in accordance with Energy for employing 12 of the required to do certain works. graduation ceremony was a on her the skill to design with the NOGICD Act 2010 and graduates and appealed to the I will want you (grandaunts) landmark that underscored AutoCAD and the capacity Nigeria Content Development NOAC and Amazon to keep to remain competent so that the company’s commitment to work as project engineer, Monitoring Board (NCDMB) tract of the graduating trainees when we are asked to nominate to Nigerian content and which she would use for the Human Capacity Development in order to give them the first competent people in your area the development of the benefit of the industry and her (HCD) Implementation Guide- consideration whenever there of study you will be on our country’s oil and gas industry personal development. lines of 2014. The training was facilitated by Nigerian Agip Oil Company Limited (NAOC). The Executive Secretary of NCDMB, Mr. Simbi Wabote, who delivered the keynote address at the graduation ceremony, described the occasion as another landmark achievement by NCDMB, because human capacity development “is a mandatory fulfillment of the NOGICD Act and guideline issued in 2014.” Wabote, who was represented by the Director, Monitoring and Evaluation of NCDMB, Mr. Tunde Adelana, said the trainees were graduating in various fields of engineering with the right skills and different levels of internationally recognised certifications in L-R: Director General, Bureau of Public Enterprises (BPE), Alex Okoh, and Chairman, House Committee on Privatisation and Commercialisation, Mr. civil engineering, structural Victor Akinjo, during an oversight visit of the committee members to the BPE in Abuja…recently

OVERSIGHTVISIT

MMIA Access Gate: Concessionaire Tackles FAAN Chinedu Eze The Integrated Intelligent Imaging West Africa (I-Cube), the concessionaire in charge of collection of fare at the Murtala Muhammed International Airport (MMIA) Lagos access gate, has alleged that the Federal Airport Authority of Nigeria (FAAN) violated court orders and used union members to manhandle its staff. Speaking at a media briefing in Lagos, at the weekend, the legal counsel of the company, Charles Ebhoman, said I-Cube was compelled to address the issue after members of the aviation unions cut off water and light supply within the

company’s office premises and allegedly harassed its staff in a bid to force the organisation out, thus repudiating the court decision that urged both parties to maintain the status quo. Ebboman explained that one year after the contract for the control of the access gates expired, FAAN wrote a letter to the management of I-Cube, asking it to vacate the premises but the company took the agency to court, accusing it of breaching the contract which gave it the right of first refusal. He told journalists that despite the fact that the Federal High Court, Ikoyi, gave an injunction on February 19, 2020, that the status quo be

maintained, FAAN was yet to comply. “We are compelled to address the issue because of what happened on Thursday, February 20, at the company premises at the toll gate despite the fact the issue of the control of the access gates is currently before the Federal High Court, Ikoyi. “On February 13, I-Cube got a letter from FAAN stating that they should remove all their properties within the access gate on or before February 14. Upon receipt of that letter, we immediately wrote a letter to the author who is the regional general manager, South West of FAAN. We let her know

that they do not have the right to take laws into their hands. “We copied the judge who is handling the matter, the commissioner of police, airport command, we copied the counsel to FAAN, the Managing Director and the Director of Legal services and we have the acknowledgement of that letter from all of them,” the Counsel said. But speaking on behalf of the unions, the President of the National Union of Air Transport Employees (NUATE), Mr. Ben Nnebue, said I-CUBE’s contract had expired before FAAN wrote to the company after one year of

grace in which it continued to operate at the Access gate, alleging that “I-CUBE refused to leave the facility on expiration and won’t submit itself for a review, this lingered for another one year. During this period, without interruption, I-CUBE continue exploiting the Access Gate whose potential has continued to soar exponentially, whiles ignoring FAAN’s rising expenditure. The union urged all investors doing business or intending to do business with FAAN going forward, to abide with contract terms and agreements in national interest, saying that shortchanging government shall not be tolerated.

NPA Empowers 200 in Imo Community Eromosele Abiodun The Nigerian Ports Authority (NPA) has donated goods and items to over 200 people at Umuoziri Inyisi, Ikeduru local government area in Imo State, as part of its corporate social responsibility (CSR). The initiative was geared towards equipping Nigerian youths in the communities, with vocational and life skills that create wealth and support livelihood. Speaking at the presentation of items to the people of Umuoziri Inyisi, the Managing

Director, NPA, Hadiza BalaUsman, who was represented by the Principal Manager, Corporate/Strategic Communication in the agency, Mr. Ikechukwu Onyemekara, expressed the institution’s commitment to positively impact lives and give back to society. According to Bala-Usman, ‘’the NPA is the regulatory body for all the ports in Nigeria and as a federal government agency, the Authority is deliberate about contributing to the efforts of President Muhammadu

Buhari’s administration to drastically reduce the number of people who live in abject poverty in our country. The presentation we are having is in furtherance of this determination. “I am hopeful that these items, which include electrical grinding machines, sewing machines, and hand grinding machines will go a long way in putting food on the table for people in the community. We also hope that once beneficiaries get to work with these items, they would be able to take care of the

basic needs of life that were hitherto problematic.” She noted that the NPA was interested in the empowerment of women and the youth, “giving the importance of the assistance that they can give to our fathers in the upbringing of children and the maintenance of our families while in the case of the youth, it is important that they have some work at hand at every material time so that they will not be tempted to engage in anti-social activities.” Concerning the items

being presented, she said, “the Authority had taken particular note of people with skills and those without skills. This is why we have Sewing machines, which will be distributed to people who have learned the trade. The grinding machines are meant for women and youths who have not acquired these skills.’’ The traditional ruler of Inyisi Autonomous Community, Eze Andrew Osuji applauded NPA for initiating the programme to benefit the youths of the community.

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BUSINESSWORLD

ANALYSIS

Unleashing Potential in Downstream Oil Sector Operators in the downstream sector of the Nigerian oil and gas industry have once more stressed the urgent need to address issues militating against the sector and hampering the growth of the national economy, writes Peter Uzoho

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he downstream sector of the Nigerian petroleum industry has over the years been enmeshed in controversy, attracting little or no investment over the years. The sector unlike what obtains in other countries where oil and gas activity is virtually run by the private sector, has continuously remained under government’s stranglehold. The federal government holds 49 per cent share in all activities of the oil and gas industry, which makes its decision on issues around the industry superior and final. The government operates as both an operator and regulator, with the Nigerian National Petroleum Corporation (NNPC) and the Department of Petroleum Resources (DPR) -two government establishments, playing the operator and regulator roles respectively, excluding other agencies who constantly hound private operators for one demand or the other. Today, the absence of predictive and clear fiscal environment has slowed down aggressive private sector participation in the downstream sector, same situation in the nation’s midstream and upstream sectors. There have been concerns about infrastructural decay in almost all areas of the sector. For instance, the four refineries in the country (for over two million people) with combined capacity of 445,000 have never performed up to its capacity, leading to the importation of majority of the country’s consumption demand in petrol from other countries. However, as part of efforts to address these challenges, participants at this year’s Nigerian International Petroleum Summit (NIPS) held in Abuja recently, re-echoed the need for government to create the right investment climate to enable investors come in and rescue the sector. Deregulation The operators at the event reiterated the call for total deregulation of the downstream sector to enable the private operators drive it. Contributing in one of the panel sessions, the Chairman of Major Oil Marketers Association of Nigeria (MOMAN) and Chief Executive Officer of 11Plc., Mr. Tunji Oyebanji, said the federal government should hasten up and deregulate the sector to free it from its stranglehold. He added that petroleum products should be treated as economic issues rather than as welfare issues, adding that the government should allow a free market where market forces set the price of goods. Oyebanji said: “We as a country have to decide whether fuel for moving people, for transporting and so on is a social welfare issue or it is an economic issue that we need to face squarely. “As our population grows, if we want to keep petrol or even CNG as a social welfare thing then more and more of our resources as a country will have to go to keeping that price at a level that is not sustainable. So it’s a decision we need to make.” “I think I will say that everybody has a role to play in the industry. All the various stakeholders: government, the private sector, the customers, the operators. But I think at the end of the day the government has to set the tone to allow the private sector to drive the growth of the industry. “Government needs to decide whether it wants to be a player in the Industry or really sit down to just be the regulator and to create the policy framework for which we should operate. “Because today, sometimes you get confused, because government in some way seems to be getting bigger and bigger as an operator and, like the director of DPR said, the effort that is needed to do the proper regulation in terms of how many staff they have, how they are financed and all that is not there. “It does not get to the center stage, because I think government’s interest has diverted as they have become an active player in the industry. “Like I did say earlier, I think the private sector is really the driver. If it is supported by being given adequate margins at least in the short term and also if government can go the further hug

of completely freeing up the industry so that the necessary investment can come in. You don’t need to tell a Nigerian businessman to invest. “Once you create the right environment, Nigerians are among the best and most aggressive business men in the land. So just putting it together, we need better margins to make the investment. I think government should stick to the job of regulating, providing guidelines, policy on quality and so on, and then leave the operations to the private sector to drive.” Fixing Refining Challenge In a special presentation at the summit, the Chairman of Integrated Oil & Gas Limited, Capt. Emmanuel Iheanacho, decried the neglect of the nation’s downstream sector. According to him, the sector has not functioned the way it should, adding that it was with a repeat of a lot of challenges which includes questions about refineries. He said: “In dealing with the challenges we have in the downstream, the government has tried a lot of strategies. They have tried crude oil swaps to ensure sustained supply of the refined petroleum products, we have done the DNDP and now we have NNPC who are functioning as a virtual monopoly. “Is this helping us in terms of what we need? The answer is No. What we have managed to achieve is that all the occasional shortages that we used to have at festive period of shortage of product, we have them no more and that is one side of the equation. “The other side is that at what cost is this been achieved at. We are not the only country who wish to invest in refineries. What is the statistics with respect to what the US has invested. “The US is a country of 327 million people and we have 139 refineries operating in their country and have a refining capacity of 16.7 million barrels daily and that is about eight times the productive capacity of Nigeria. “For Texas in US with a population of 28.7 million and have 47 refineries, with the capacity of 5.7 million barrels per day, this is nearly two times the productive capacity of the entire Nigeria”. Iheanacho said the inability of the four refineries to function at full capacity raised serious questions as to whether the country was actually serious about investing in refineries or not. He further said: “We are leaving out the real problem that we are not investing in refineries in Nigeria and we need to address that issue. For the question of how many refineries we need to invest in, I would say we should go back before refining and look at the exploration and exploitation of crude oil. “OPEC assigned two million liters daily, we should pull out nearly four million litres and build as many refineries as we can to refine this product. This will create jobs for us, great value and opportunities for technology to transfer.”

He advised that Nigeria should try and put an end to the practice of lifting crude and sending them out for refining which would later be brought back to the country as a finished good with exorbitant cost and with no value added to the country. He, however called for the deregulation of the sector, saying the issue was a front burner as it raised issues about subsidy. Iheanacho added: “The reason for market structure bares on the cost and efficiency of how products is distributed. If you have a monopoly as is being experienced in Nigeria, you can be inefficient as you like and nobody is pressing operators to change operations and make it cheaper. “But if there is competition people would strive to better their services so at the end of the day the beneficiaries the most are the consumers. “We are suffering and government is depriving itself of huge revenues that it needs for revenues. “More than one trillion in terms of subsidies paid. And these subsidies intended to go to Nigerians, does not get to the common man because the beneficiaries are those who goes into the filling stations to draw the fuel, drives his car and buses rather than the ordinary Nigerian. Market structure should be looked at to determine whether or not subsidy should be placed.” Enhancing Customer Experience Also in his presentation, the Chief Executive Officer of OVH Energy, Mr. Huub Stokman, harped on the need to improve customer experience, stressing that that was the only way Nigeria could reap full benefits of its downstream sector. “For me, if Nigeria wants to capture the full benefits of the downstream value chain, after the enhanced refining capacity comes on stream, it needs to make improvements in customer experience, safety and operational standards and use technology to do this. “But this can only be possible with investments. And I will be very clear, at the current margins, that will not happen,” he said. Stokman, however, joined his voice with that of his colleagues in the call for deregulation of the sector for increased investors participation. He added that there was need to deploy technology as quality and quantity control measures, saying such could be taking to the forecourt controllers and remote monitoring of pumps, and automated gauging. Stokman equally advised that all ransportation networks in the country as well as operational infrastructure must be fixed to ensure safe delivery of products. He said: “Now, there are a couple of risks plaguing the industry. On regulatory, there are two key messages. As an industry, we have got over 15 agencies that are coming to us often with conflicting demands and sometimes, asking money for the same things.

“We still have the deregulation uncertainties. I hear very positively that the PIGB will be signed into law in June, but let’s see what that means for the downstream in terms of deregulation of the PMS. “On governance, we need to realise that we need to improve compliance. It is crucial that also you run your industry with good governance and good compliance. “On HSE, we keep being plagued with pipeline vandalism and truck accidents. “On supply, maybe the big product supply disruption that we have had in the past with scarcity may no longer be there but you still have them in smaller scale where pockets of the country are struggling to get the product too. “On trade, the margins as we said have not changed for years while if you look at the micro environment, inflation keeps on going. There is an industry skills shortage”. The OVH Energy boss warned of imminent brain drain in the nation’s oil and gas industry, saying: “to give you an example, my IT manager just gave his notice that he is moving to Canada. So Nigeria will have brain drain if it is not careful.” Stokman added: “Then on the key needs to drive Nigeria’s downstream sector, we need a free market. I come from an industry from countries where free market works both from the supply and the consumer end. “You need a plurality of transport and open access system both for when the product comes in. “So it is important that we upgrade our jetties as an infrastructure but also we need to improve the other infrastructure - rail and pipelines, and especially maybe we need to look really through a Public, Private Partnership (PPP) I the development of pipelines. “And then, healthy and a transparent competition to drive efficiency and innovation. I will say very simple: make the best person win. Make it fair and transparent and then those who are good in customer service run the companies efficient we actually win. And I believe that now is the future which will be technology driven. “As I said earlier that we have over 15 agencies coming after us, I think that it will be great if we could reduce that and make it more of a one-stop-shop for the downstream. “On refinery, you can’t have a conversation around the downstream industry without the refining. I have already said that we import everything. But I think that the enhanced refining capacity which is imminent both with the traditional and the modular refineries will change the paradigm from an import country to a self-sufficient country, and that’s a key catalyst for the rest of the industry. “There are some benefits of these refineries as a catalyst. Product quality in my view will improve which will aid the environment and also reduce consumption.”

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Harnessing Human Capacity to Boost Industrial, Economic Devt In this analysis, James Emejo assesses efforts to boost industrial development as well as skilled manpower through the Industrial Training Fund

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o doubt unemployment constitutes the most disturbing challenges of the President Muhammadu Buhari-led administration. The National Bureau of Statistics (NBS) put the country’s current unemployment rate at 23.1 per cent while noting that about 20.9 million qualified adults are without jobs. The situation is further compounded by the fact that the country has been found wanting in terms of its human capital development, given that it constitutes a key driver of sustainable, inclusive economic growth in any economy. The World Bank Group had ranked Nigeria 152 out of a total of 157 countries surveyed in its Human Capital Index (HCI) in 2018. Only recently Director General, Nigeria Employers’ Consultative Association (NECA), Mr. Timothy Olawale and National President, Nigerian Chamber of Commerce, Industries, Mines and Agriculture (NACCIMA), Hajiya Saratu Iya Aliyu, both submitted that the country’s quest for industrialisation is currently constrained by dearth of technical skills adding that industries have continued to struggle over the years. They regretted that the shortage of talent and skilled labour had necessitated the need to employ expatriates to do the jobs which Nigerians should ordinarily execute, adding that “There are jobs but we don’t have skilled manpower.� The scenario is further dampened by a presentation of Human Capital Group at the FSS 2020 International Conference. The report on the state of the Nigerian education system had concluded that “Emphasis in Nigerian institutions has been on verbal activity rather than skill acquisition and problem solving activities.� The report noted that there are currently only 46 tertiary institutions in Nigeria providing education covering all functional areas, adding that out of the 42 million Nigerian children who ought to be in primary school, less than 24 million are in school. It added that out of the 33.9 million children of secondary school age, only 6.4 million are in secondary schools The report essentially concluded that, “The Educational system has not been tailored to meet developmental needs of the nation, adding that the federal higher institutions have suffered decay due to poor planning and mismanagement of funds. The ongoing scenario partly explains why tertiary education graduates are largely deemed to be unemployable and justifies the skills dearth in the economy, a situation which resulted in high unemployment. Meanwhile, in a deliberate efforts to reverse the ugly situation and reduce unemployment in the country, Industrial Training Fund (ITF) has taken the bull by the horns on ensuring that in the four decades of its existence, it has not only “raised training consciousness in the economy, but has also helped in generating a corps of skilled indigenous manpower which has been manning and managing various sectors of the national economy.� The fund had within the last two years, trained over 450,000 Nigerians in various skills acquisition programmes. The Secretary to the Government of the Federation, Mr. Boss Mustapha, who disclosed the figure at the closing ceremony of the National Industrial Skills Development Programme (NISDP) where more than 11,000 youths were equipped with start-up packs by the fund. The NISDP is one of the numerous skills acquisition intervention programmes introduced and implemented by the ITF, to reduce unemployment through acquisition of skills. Mustapha had noted that the federal government would do all that was necessary to ensure that the entrepreneurial capacities of Nigerian youths are developed and fully utilized in a manner that would grow the economy to a path of sustainable development. He said while the federal government is implementing various social investment programmes such as the N-Power, and trader money among others, time had come to harness the potentials of the very youthful population for them to contribute meaningfully to the growth of the national economy as entrepreneurs. He said the government is building mechanisms and institutionalised processes, especially

in the informal sector towards tackling youth unemployment. The Director-General, ITF, Joseph Ari, also explained that beyond the demands of its mandate, the commitment to skills acquisition was premised on the fact that it remains the most viable and sustainable solution to combating the rising unemployment and poverty which have continued to defy best efforts by government and non-government actors. He said going forward, the objective of the NISDP would be to ensure that as many Nigerians as possible are equipped with the skills for entrepreneurship and employability in order to avert the attendant effect of and unemployment.. He assured that the graduates from ITF new possess skills that could compete globally. Ari said: “I make bold to say that these graduates can compete with the best anywhere in the world. Apart from having the benefit of the best equipment and tools, especially the mechatronics and facility technology department, our trainings are structured to equip them with requisite skills to start up on their own and from our tracking and monitoring system, we have largely succeeded

There is no doubt that unemployment has wrought a terrible damage on all facets of our national life. No reasonable analysis will divorce unemployment from the needless incidents of violence that have claimed thousands of lives across the nation. Consequently, our population that ordinarily should be a resource, may become an albatross if we cannot provide a greater proportion of our population with a source of livelihood

in this regard as over 65 per cent of graduates of MSTC in the last six years are successful entrepreneurs. He said the federal government had through the fund, equipped over 218,000 Nigerians across the country with skills for employability and entrepreneurship since the commencement of the National Industrial Skills Development Programme (NISDP), adding that 18,000 beneficiaries were from the Federal Capital Territory (FCT). According to him, the NISDP represents one of the numerous skills acquisition intervention programmes introduced and implemented by the Fund to facilitate the achievement of the federal government policy on job and wealth creation. Speaking at the closing ceremony of the 2019 National Industrial Skills Development Programme (NISDP) he said skills acquisition remains the most viable and sustainable solution to rising unemployment and poverty which had continued to defy the best efforts of government and non-governmental initiatives. He said though President Muhammadu Buhari’s administration had made tremendous efforts to create jobs, “there is no doubt that unemployment has wrought a terrible damage on all facets of our national life. No reasonable analysis will divorce unemployment from the needless incidents of violence that have claimed thousands of lives across the nation�. He said: “Consequently, our population that ordinarily should be a resource, may become an albatross if we cannot provide a greater proportion of our population with a source of livelihood.� The ITF boss said it was difficult to separate rising criminality and harmful social vices that are being perpetrated by Nigerians because of unemployment and the attendant poverty, adding that the last phase of the programme commenced in the last quarter of last year, while the training lasted between three and six months, depending on the trade. He said though President Muhammadu Buhari’s administration had made tremendous efforts to create jobs, “there is no doubt that unemployment has wrought a terrible damage on all facets of our national life. No reasonable analysis will divorce unemployment from the needless incidents of violence that have claimed thousands of lives across the nation�. He said: “Consequently, our population that ordinarily should be a resource, may become an albatross if we cannot provide a greater proportion of our population with a source of livelihood.� Ari added that a total of 11,000 Nigerians were equipped with skills in nine trades namely, leather works (shoe and bag making), welding and fabrication, catering and event management, tiling, production and laying of interlock tiles, furniture making, domestic electrical wiring and

installation, solar energy installation, plumbing and pipefitting, and ‘autogelle’ and beauty care. He said 300 youths were trained in welding and fabrication, domestic electrical wiring and installation, catering and event management, solar energy installation and ‘autogelle’ and beauty care in the FCT. He however lamented that the federal government’s efforts was clearly not enough in view of the magnitude of the unemployment confronting the country. Ari therefore appealed to state governments, the organised private sector (OPS), non-governmental organisations (NGO), faith-based organisations, politicians and other stakeholders to collaborate with the ITF in order to train more Nigerians. But the ITF boss said given the intensity and the very practical nature of the training, which was 80 per cent practical and 20 per cent theory, participants were equipped with the necessary skills and attitude for them to thrive as entrepreneurs. He stressed that when tied with the trades, which according to him were chosen after careful and in-depth need analysis of their locales, the management of ITF has no doubt that the beneficiaries would excel based on the conviction that the trades that the participants have learned will always be needed. He said, “Our commitment to skills acquisition is premised on the fact that it remains the most viable and sustainable solution to rising unemployment and poverty that have continued to defy the best efforts of governmental and non-governmental approaches. There are countless reasons for us to worry as government, and as institutions vested with the arduous task of equipping Nigerians with the life skills for employability and entrepreneurship. “There is no doubt that unemployment has wrought a terrible damage on all facets of our national life. “No reasonable analysis will divorce unemployment from the needless incidents of violence that have claimed thousands of lives across the nation.� Ari said it would be difficult to separate rising criminality and harmful social vices that are being perpetrated by Nigerians because of unemployment and the attendant poverty. “Consequently, our population that ordinarily should be a resource, may become an albatross if we cannot provide a greater proportion of our population with a source of livelihood,� he added. Nevertheless, Chairman, Senate Committee on Industry, Sikiru Osinowo, prevailed on beneficiaries of the programme not to sell away their start-up kits but to use them effectively to create jobs for themselves and for others, nothing the National Assembly through the joint senate and house committee on industry will undertake an oversight inspection of some of ITF critical projects and programmes

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Middernacht: Stimulating Agriculture Wise Decision By Govt Managing Director, Cormat Nigeria Limited, Martin Middernacht, in this interview with journalists talks about the company’s growth, challenges and prospects. Ugo Aliogo presents the excerpts:

W

hat has been the key challenges faced in running this business? One of our major challenges is manpower. The second challenge is power supply. In this company, we invest huge amount of money in having our own electricity. We don’t rely on the national grid for power because the quality of the power is poor. In our factory in KM 51 we have pipe gas, instead of diesel which is much cheaper, the private sector invested in that and this makes production and operation cheaper. The third constraint we have is finance. Surmounting this, the interest on loans (finance cost) is between 11-14 percent depending on the bank. But we went through periods of 25-30 percent. There is no place in the world where a business establishment can survive at high financial cost. The fourth challenge is the availability of a favorable foreign exchange market. In 2019, we had stability and the economy was better, the interest rate dropped from 20 to12 percent. Despite all the challenges, we grow 30 per cent every year. That means there is a way out of all of these challenges if you do it the right way. Although we have some constraints, we believe in the country Nigeria. Nigeria is the biggest country in Africa so the opportunities are there. What is the worth of your investments in Nigeria? The cost of the land at KM 51 is $2million. The cost of the entire facility is $25 million. Looking at the facility at the factory, what does the company plan to do going forward especially in the area of diversity? We are continually planning to diversify. The TGI group and Cormart have wide range of products. The latest area of diversification relates to concrete hardeners and tile adhesives. In the second part of our journey, we intend to go further into diversification. We organise all our activities not as Cormart, but the entire TGI Group. The slogan of TGI is diversity. The main goal of Cormart is not profit, but sustainability. The drive is that we have planted here will still exist in the next 50years time. What we will like to have is sustainability not only because of our legacy, but to ensure that people who work here are sure about their jobs and in 20-30years they are here. Moreover, the goal is to ensure that our operations still continues and go further. It also to contribute to the industrial development of other companies. We are also enablers to other companies. If any organisation or company wants to produce something, we make it happen for them. When it comes to industrial development in Nigeria, Cormart is at the centre of development. This is overall what we want to do. So everything that is short and mid-term, are basically steps on that way such as having more lands, additional factories and setup more plants. But those are small steps and the overall target is industrial development. The closure of border, has it impacted your business? On the negative side, I would say no. But positive impact most probably? Yes. I would not be able to measure the extent of the impact on our businesses. When you grow in any business, there are different areas to focus on such as quality, marketing, and promotion. For us at Cormart, the border closure has not had so much impact. Remember the key focus for us as a group is our business to business, and raw materials. But our ranges of products are those coming from the seaport, which includes industrial raw materials with five percent import duties. How has the recent increase in Value Added Tax (VAT) affected your business? Increase in VAT is a recent development. But it will have an impact for sure. Whether it will have a long impact I don’t think so. The impact might be felt at the end of the first quarter, say maybe April/May. VAT is 2.5 per cent more. Basically that comes out

Middernacht of the pocket of any consumer. The VAT is going from producer to distributor to final consumer. It will have an impact and the consumers as we will see a price increase. Within two or three months that impact is gone. What has kept your company going especially in doing business in the last 40 years? What has kept us going is our strong believe in the potential of this country. We plough it back and that made us to widen the constraints. We believe it and we shall continue to invest. Of course, there are some issues, but we keep believing. What is your projection for Nigeria’s economic growth, are you optimistic about its growth? Yes, I believe in Nigeria’s economic growth.

There is no place in the world where a business establishment can survive at high ďŹ nancial cost. The fourth challenge is the availability of a favorable foreign exchange market. In 2019, we had stability and the economy was better, the interest rate dropped from 20 to12 per cent

However, there is a shift. The shift is tending more towards to agriculture which is very good. The government made a very wise decision to stimulate the agriculture sector and pump money into facilities available because if you are importing agro-products such as soya beans, maize and others, the impact on your forex will become bigger and bigger. In 20 years from now, we have to focus more on alternative source of energy, than electricity therefore the need for electricity will still be there and it will have impact on your income. Then you will have more mouths to feed, so investing in agriculture is very important. Moreover, to shift from the oil and gas industry is why there should be increased investment in agriculture. To develop the agro-value chain, the sector has to be better positioned to compete globally. The yield of maize overseas in a one hectare of land, you can get eight, nine to 10 tonnes per hectare. While here in Nigeria, you get maybe two tonnes in a one hectare of land. What are your expectations for 2020? Our expectation for 2020 is 40 per cent growth. We have a few projects in the pipeline that are coming up. We are investing N2 billion this year and many of those projects will run till 2021. We are in discussions about several projects in the pipeline. We have the upper hand because we are experts in not just chemical raw materials, but the application of these raw materials to meet individual client specifications. Also, our sister company, Chi Farms, is a market leader in poultry. We do not only sell commercial broilers but we also have Nigeria’s only Grandparent stock farm. These and many more are great potentials and advantages that we have as a company. We are truly excited about 2020. Cormart will be 40years in August, how has the company been able to scale

in terms of growth and investments? If you look at the last 40 years, the development was not even. Our growth to this scale was gradual. Much of the progress we have made as a company, started in the 90s. The biggest jump of growth began when our sales moved to a higher level and we started to have our own depot in the Nigeria. From the investments we made, we started seeing increase in growth and volume of businesses, and this made the difference. Cormart initially began reselling Chivita in Nigeria. Later, we diversified and bought equipment to make Chivita locally in Nigeria. It was a gradual process. In terms of business, World Bank believes in trade liberalization which means there is no government involvement. The World Bank said to Nigeria and other Africa countries that they don’t want to give loans and facilities to them, but to take a step backward out of the private industry and sell off some State owned companies. In that period, we bought some of the State-owned companies and that gave us some increase of turnover. It all has to do with seeing opportunities and having the courage to invest in it. From the beginning, there was no master plan as such. Rather, we saw opportunities and moved forward with them. What measures will you suggest to position the agro-allied industry? The industry needs certain level of technology, human resources and development of human capital, access to capital and protection for producers. What are you doing to increase your market share? We have dedicated an export team and we are already selling to Cameroun, Niger, Mali, Benin and others. Furthermore, we have a product known as Vinko bond with huge sales potential due to its accessibility. If it is in 10,000 outlets today and you can bring the product to 20,000 outlets. Third point is having specialized and premium rates.

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IMAGES

L-R: Director General, Nigeria Institute of Advance studies, Prof. Muhammed Tawfiq Ladan; DG, NIMASA, Dr. Dakuku Peterside; Representative of the Chief of Naval Staff, Real Admiral Murtala Mormoni Bashir; Executive Director, Maritime Labour and Cabotage Services, NIMASA, Mr Gambo Ahmed; and Executive Director, Finance and Administration, NIMASA, Dr. Bashir Jamoh, during the opening ceremony of the 9th Strategic Admiralty Law Seminar for Judges by NIMASA held in Lagos...recently

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Photo Editor ÌÓÙÎßØ ÔËÖË Email ËÌÓÙÎßØ˛ËÔËÖË̶ÞÒÓÝÎËãÖÓàÏ˛ÍÙ×

L-R: Oloja of Epe/ Paramount Ruler of Epeland, Oba Kamorudeen Ishola Animashaun and Lagos State Deputy Governor, Dr. Obafemi Hamzat at the 20th Coronation Anniversary of Oloja of Epe at the Jubilee Chalet, Epe, Lagos...recently

Assistant Director, Media Management Unit, Public Affairs Department, Nigerian Communications Commission (NCC), Sonny Aragba-Akpore; Principal Manager, Media, Public Affairs, NCC, Truddy Tony-Awusaku; Head, Information Technology, NCC, Engr. Abraham Oshadami; and Convener, Gage Awards, Johnson Anorh; during the maiden Edition of Gage Awards, held in Lagos...recently

L-R: Ekiti State Governor, Dr. Kayode Fayemi; Executive Producer, Best of Nollywood (BON) Awards, Mr. Seun Oloketuyi; Nollywood actresses, Bimpe Oyebade; and Aishat Lawal, during theBON’s management’s visit and presentation of the 2020 Awards hosting right to Ekiti State Governor, in Ado-Ekiti...recently

President Muhammadu Buhari welcome the new Imo state Governor , Senator Hope Uzodinma to his office during the courtesy visit to the Presidential Villa , Abuja...recently GODWIN OMOIGUI

L-R: Executive Commissioner, Stakeholder Management (NCC), Mr Adeleke Adewolu; Hon. Minister of Works & Housing, Mr Babatunde Fashola, SAN; Executive Vice Chairman/CEO, Nigerian Communications Commission (NCC), Professor Umar Danbatta and Director-General, Federal Competition and Consumer Protection Commission, Mr Babatunde Irukera during the Senate Joint Committee on Communications; Trade and Investment’s “One – Day Public Hearing on the Increasing Rate of Drops Calls and Other Unwholesome Practices by Telecommunications Network Operators in Abuja...recently

L-R: Group Managing Director/CEO, Midwestern Oil and Gas Company Limited, Engr. Charles Odita and Minister of State for Petroleum Resources, Chief Timipre Sylvia, during a courtesy visit to the Minister by Midwestern Oil and Gas Ltd in Abuja...recently

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R-L; President Muhammadu Buhari; International President, Ă‚Â Doctors without Borders, Mr Christos Christou; Deputy Director Operations, Pierre Mendiharat; Head of Mission Belgium, Mr Andrew Mews; Humanitarian/ Country Advisor Nigeria, Prof Simon Alozieuwa; Head of Mission, Swiss Mr. Cissoko Mohamed Arafan, Head of Mission, Spain Omar Ahmed Abenza; Head of Mission, France Mr David Therond, and Head of Mission, Holland, Philip Jinah Aruna during an audience with Medecins Sans Frontiers (Doctors without Borders) held at the State House Abuja...recently PHOTO: STATE HOUSE

L-R: Interswitch Volunteer, Ejike Ngene; SS2 student participant, Okwesili Chinemeze; Principal Agidingbi Senior Grammar School, Kola Odesanmi; and Product Marketing/Brand Management and CSR expert, Interswitch, Seun Yusu, during the InterswitchSPAK Volunteer Drive held at Agidingbi Senior Grammer School, Ikeja, Lagos... recently

L-R: President, West African Post Graduate College of Medical Laboratory Science, Prof NaďŹ u Amidu; Treasurer, Dr. (Mrs) Haddy Bah; Registrar, Dr. Goodwill Okara; Assistant Registrar, Dr. Youan Pascal and Assistant Registrar, Adjoodi Anabadedi, during the 2020 congress of college & Induction and Investitures of Fellows from west African Countries, in Lagos‌recently

Edo State Governor, Mr. Godwin Obaseki (left), and Deputy Governor, Rt. Hon. Comrade Philip Shaibu, agging-o the 31-day countdown to the National Sports Festival, at the Government House, in Benin City... recently

Cross Section of the Heads of Departments and Chief Executive OďŹƒcers of Agencies of the Federal Ministry of Works and Housing during Day One of the 7th Edition of the Top Management Retreat with the theme,â€? Service Delivery for National Prosperityâ€? at the Gombe International Hotel, Gombe State...recently

Cross Section of Muslim women during the national Conference of repositioning the Muslim Family for National Development organised by future Assured and Nigeria Supreme Council for Islamic Aairs (NSCIA) held at the State House Banquet Hall Presidential Villa. Abuja...recently PHOTO: STATE HOUSE

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T H I S D AY ˾ TUESDAY FEBRUARY 25, 2020

PROPERTY & ENVIRONMENT Provide Land with Primary Infrastructure, We’ll Deliver, Say Real Estate Stakeholders

Ȋ As Eximia unveils the Mews in Abuja Bennett Oghifo

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rominent stakeholders in the real estate sector have again called on government to improve the investment environment in the sector because of the vital role it plays in the nation’s socio-economic development. This train of thought was put forward by Surveyor Ugochukwu Chime, the President, Real Estate Developers Association of Nigeria (REDN), Prof Charles Inyangete, Managing Director, Innovative Risk and Investment Solutions Limited, and Hakeem Ogunniran, Managing Director, Eximia Realty Company Ltd, at the unveiling of The Mews, an estate built by Eximia in Katampe Extension, Abuja, recently. REDAN President Chime said the housing sector is incapacitated by structural issues of land administration. “We have not been able to manage land administration to make it efficient, in terms of transaction cost and transaction time. That is why you can build a house in six months and it will take you two years to get titles in some states. That is very terrible. Also we need to reduce the transaction cost to make it

more liquid so that investors who have little capital appreciation of 15 per cent on their assets can as well exit that investment because every investor has alternative investment outlet apart from residential or commercial housing development.” According to the Managing Director of Eximia, Ogunniran, “The real estate industry mirrors the economy, when the economy is struggling, as we currently have, the real estate also struggles. In a struggling economy, your assets conversions cycle is much longer than what it ought to be ordinarily.” He, however, said the market was changing. There are some few initiatives recently, like the new Finance Act which will help to catalyse the real estate asset classes is a major development and the fact that coupon rates for treasury bills have dropped, that will now make the real estate to compete with other similar asset classes.” In spite of these challenges, he said it was still a right time to be in the real estate business, because “if you create the right product in the right location and facilities, you will still be able to fly with your project.” He said when Eximia was launched, their ambition was to deliver 5,000 units

in five years and that they have started and had three major projects currently, Fiona Lawton in Lagos, comprising studios, one and two bedrooms; Lake City that will have 300 housing units; and now The Mews in Abuja. He said “Real estate project is very challenging because land is too expensive, that is, the cost of land and cost of perfection of title, stating that they were a bit lucky with The Mews because the government provided primary infrastructure in its location at Katampe extension, adding that they still had to provide secondary infrastructure.” Another challenge in the housing development industry, he said was absence of funding, but stated that they used their own funds, which has given them the leverage to do things a bit at their pace. He said, “Cost of fund is too high; the tenors of available funds in the market are too short, rates are too high. So, for a real estate developer, it is always a challenge, and also because as an asset class, real estate is always competing against other asset classes. Investors are rational and look for where to optimise their investments.” He said state governors must play their critical role in increasing the nation’s

housing stock, considering the fact that Section 1 of the Land Use Act vests all land within the territory of every state on them, “but they hold the land in trust they must understand that. What we have seen is that most state governors have turned the regulations to revenue generation frameworks and that has not worked very well, particularly in the area of affordable housing. I’ve always maintain the point that if we are to tackle the

housing deficit, then government must incentivised developers. They have to provide land at affordable rate, they have to provide primary infrastructure, then developers can source the fund and do other things and deliver at rate. But if I, as a developer, am to buy my land in the open market, source for fund in the open market, do my infrastructure in the normal way, it is difficult to deliver what they call affordable housing.”

Prof. Charles Inyangete, Managing Director, Innovative Risk and Investment Solutions Limited, and former Managing Director, Nigeria Mortgage Refinance Company Plc., said state governors have a crucial role to play in affordable housing starting with providing lands under terms that are favorable to developers and that it was the duty of the governor to provide necessary approvals and consents that are needed for development.

L-R: Managing Director, Family Homes Fund, Femi Adewole; Managing Director, Nigeria Mortgage Refinance Company Plc., Kehinde Ogundimu; Managing Director, Eximia Realty Company Ltd, Hakeem Ogunniran; President, Real Estate Developers Association of Nigeria, Surveyor Ugochukwu Chime; and Managing Director, Innovative Risk and Investment Solutions Limited, Prof Charles Inyangete, at the official unveiling of The Mews, an estate built by Eximia Realty Co Limited in Katampe Extension, Abuja… recently

Foreign Investors in Alaro City Become Epe Chiefs The Oloja of Epe Kingdom, His Royal Majesty, Oba Kamorudeen Animashaun, has honoured top executives of Rendeavour, developers of

Alaro City in the Lekki Free Zone, with chieftaincy titles to reward the firm’s contributions to job creation and community development in his domain.

According to a statement by the company, Frank Mosier, the Chairman of Rendeavour, was awarded the chieftaincy title of “Amuludun of Epe

Chairman of Rendeavour, Frank Mosier and his son; the Oloja of Epe Kingdom, Oba Kamorudeen Animashaun; and Founder and CEO of Rendeavour, Stephen Jennings, after both foreign investors in Alaro City were installed as chiefs of Epe Kingdom… recently

Kingdom” (one that helps with creating harmony and joy in the land); while Stephen Jennings, Founder and CEO of Rendeavour, was awarded the chieftaincy title of “Bobatuluse of Epe Kingdom” (one who works with the king to improve the lot of the community) by Oba Animashaun on Wednesday as part of activities to commemorate the monarch’s 20th anniversary on the throne. Mr. Mosier is also a member of the United States President’s Advisory Council on Doing Business in Africa (PAC-DBIA). The PAC provides analyses and recommendations to the U.S. Government on strengthening commercial engagement between the United States and Africa. Mr. Jennings is a serial investor in Nigeria. He launched Renaissance Capital, currently a leading investment bank in the country, in 2006, and also launched RenMoney, a leading consumer finance bank, in 2012. Both men

are the leading investors in Rendeavour. Rendeavour, in partnership with the Lagos State Government, is building Alaro City, a mixed-income city-scale development in the Lekki Free Zone. Alaro City is planned as a 2000-hectare development with industrial and logistics locations, complemented by offices, homes, schools, healthcare facilities, hotels, entertainment and 150 hectares of parks and open spaces. In January, Ariel Foods, the largest ready-to-eat therapeutic food factory in Africa, launched the completion of its facility in Alaro City. Oba Animashaun, also known as the Arolugbade Elepe II, said he decided to honour the investors for showing an example of how foreign direct investment can impact positively on communities and the state. “We need people to invest in our community like these people behind Alaro City,

who because they have already showcased their investments, we want to reciprocate their good will,” he said. “We need to show good relationship as a mark of support of what they are doing. Alaro City is in my domain. The builders have shown to be good investors, not like some people who will acquire land and abandon it for years. Alaro City is packed with action and we want to encourage them. We still need to encourage more people to invest in Epe. We have land, sea and the lagoon. Epe is the fish basket of Lagos State: people come from various states to buy fish in Epe. Alaro City development just came up, but the momentum of investment is monumental because of what they are doing in housing, industrial areas and many more. Any developmental investor, who goes into housing, works and infrastructure, needs our support.”

Nuel and Partners Head of Practice, Mark Gets RICS Fellowship Royal Institution of Chartered Surveyors (RICS) has bestowed fellowship on Emmanuel Mark, Head of Practice Nuel and Partners. RICS is a global prestigious body for the promotion and enforcement of the highest international standards in the real estate and construction

industry. By associating experts from around the world, RICS guarantees the continued development of their professional qualifications, ensuring ongoing compliance with the highest ethical standards. Being named RICS Fellow not only distinguishes Mark for his professionalism, but it is also a

confirmation of his outstanding individual achievements. FRICS is an international measure of excellence, afforded only to those real estate leaders who make a particular contribution to the development of the sector. “Joining this group of world leaders and professionals in real estate as a Fellow of RICS is a

moving distinction for me. RICS emphasizes the importance of fair practice in real estate, something I wholeheartedly believe in. It just so happens that I have the pleasure of managing a firm for which professionalism, transparency and the quality of services provided are also fundamental values.

“I am proud that our values in Nuel mark and partners are consistent with the goals and standards that RICS sets out and that more than 20 years of my professional career are appreciated in this way,” said Mark. Emmanuel mark has over 20 years of experience in real estate

practice in Nigeria. He founded his firm in 2005 and as Head of practice, he oversees the firm’s operating activities across the country and is responsible for the entire portfolio. He is a graduate in Estate Management, Environmental Management and Law from the Rivers State University.

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T H I S D AY ˾TUESDAY FEBRUARY 25, 2020

PROPERTY & ENVIRONMENT

NIQS, Nigerian Air Force Collaborate to Improve Quality of Construction Projects

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he Nigerian Institute of Quantity Surveyors (NIQS) is set to partner with the Nigerian Air Force (NAF) to avail the Force the competencies of members of the Institute in ensuring that construction projects are well executed in line with international best practices. The President of the Institute, QS Mohammed Abba Tor, FNIQS made this known when he led members of the National Executive Council (NEC) on a courtesy visit to the Chief of the Air Staff (CAS), Air Marshal Sadique Abubakar in his office at Nigerian Air Force Headquarters, Abuja on Wednesday. Abba Tor said the Institute would work to explore areas of mutual interest and collaboration between the NAF and the NIQS, thereby contributing to

national growth and development. He urged the Chief of Air Staff, Air Marshal Sadique Abubakar to employ additional Quantity Surveyors into the Service to enable them play crucial roles in costing and cost management of all building and engineering projects being handled by the Force. Responding, Air Marshal Sadique said the NAF will immediately key into the opportunities provided by the Institute in the areas of training and evaluation of projects. Abubakar noted that, in the last 5 years, the strength of the NAF had almost doubled and this made it expedient to continually embark on construction of new buildings and other necessary infrastructure to ensure that personnel are properly accommodated. According to him, among

the many officers enlisted into the NAF through the Direct Short Service Commission in the past 5 years, some were Quantity Surveyors who have been adding value to the Service through the application of their professional knowledge and skills. He added that in the area of capacity building, the NAF had trained several professionals and would not relent in its efforts at ensuring that its personnel remain abreast of modern trends and innovations in the field of Quantity Surveying. While assuring the Institute of the readiness of the NAF to enlist more Quantity Surveyors, Air Marshal Abubakar, noted that the Service would also improve on its participation in workshops and seminars that would be organized by the NIQS. He added that the Nigerian

Air Force will consider the establishment of a Department of Quantity Surveying at the

Air Force Institute of Technology Kaduna in line with the requirements of the National

Universities Commission and the National Board for Technical Education.

L-R: Permanent Secretary, Lagos State Ministry of Housing, Mr. Wasiu Akewusola; Special Adviser to the Governor in Housing, Mrs. Adetoke Benson-Awoyinka; Commissioner for Housing ,Hon. Moruf Akinderu-Fatai and Senior Special Assistant to the Governor, Mr. Abdul-Akeem Ayodeji Amodu, during the Real Estate Practitioners/Property Developers Stakeholders Forum, the State Auditorium Alausa Ikeja… recently PHOTO: KOLA OLASUPO

Lagos First Lady, RenWoman Partner to Rehabilitate Destitute Children Bennett Oghifo Street children in communities around Alaro City will be the target of a rehabilitation

project to be embarked upon in Lagos State by RenWoman in partnership with the First Lady, Mrs. Ibijoke SanwoOlu.

RenWoman, the women group of Rendeavour, builder of Alaro City, Africa’s largest new development, focuses primarily on empowerment

Special Assistance to the President on NGOs, Dr. Wole Aboderin; and Chairman FCT Police Community Relations (PCRC), Mr. Otunba Bokaji Adigun, who was special guest at the inauguration of Association of Former Female. Athletes of Nigeria (AFFAN). Aboderin receives an award presented to AFFAN Grand Patron, and First Lady of Nigeria, Dr. (Mrs) Aisha Muhammadu Buhari… recently

WUEDA Begins Construction of Storm Drainage in Warri, Uvwie Sylvester idowu in Warri The Warri Uvwie and Environs Special Area Development Agency (WUEDA), has disclosed that the first phase of storm drainage project to check flooding in the area will commence soon from Uvwie council area of the state. The project was designed to channel flood water directly to the natural water reservoirs surrounding Warri, Uvwie and its environs. The agency therefore urged youths in the affected communities to corporate with the contractor handling the project so as to finish the project in record time. Director General of WUEDA, Comrade Ovouzuorie Macaulay said this in Warri during a meeting the agency had with community leaders and the contractor, (CCC Engineering Company) handling the project.

The project, according to Macaulay, is projected to be completed in 18 months, but warned that if the project is disrupted by anybody, it can drag up to four years and above. He said this was the only time in the history of the state that a comprehensive plan has been developed to ensure that the issue of flooding in Warri, Uvwie and Environs is resolved once and for all. “This is the only time there is going to be comprehensive work on drainage so that at the end of the day the issue of flood in these areas will be over. “We are calling this meeting so that the leaders in Uvwie communities can familiarize themselves with the contractor handling the project so that at the end of the day the project will not be disrupted by anybody.” Macaulay said. He assured the communities

where the drainage system will go through that they will be given adequate compensation where necessary before any demolition will take place, stressing that it was not yet time for demolition of structures that will pave way for the drainage. Macaulay appealed to leaders of all the communities to laiase with the laiason officers that will be set to interface with them and channel all their grievances to them. He however warned that any youths that wants to disrupt the project will be severely dealt with adding that the agency has zero tolerances for criminal elements. On his part, the Chairman of Uvwie Council, Hon Ramsey Onoyake commended the DG of WUEDA for bringing together all relevant stakeholders in a round table assuring the agency that council will give them its maximum support.

of women in Africa, and this partnership is designed to rehabilitate destitute and disadvantaged children in the state, according to a statement by the group, yesterday. Rendeavour, in partnership with the Lagos State Government, is building Alaro City, a mixed-income city-scale development in the Lekki Free Zone. Alaro City is conceived as a 2000-hectare development with industrial and logistics locations, complemented by offices, homes, schools, healthcare facilities, hotels, entertainment and 150 hectares of parks and open spaces. RenWoman’s mission is to create an enabling and progressive environment for the advancement of women in the workplace through knowledge sharing, networking and leadership development to ensure the

personal and professional success of women. RenWoman initiatives are carried out by Rendeavour’s team of women professionals in partnership with organisations and individuals committed to gender equality. During a meeting with the First Lady last week, representatives of RenWoman and their partner, Rising Tide assured Mrs. Sanwo-Olu that the group would support her efforts at championing the wellbeing of children. “The First Lady is very passionate about the rights of children and women; and this is something that resonates with our objectives,” said Adejoke Odocha, Rendeavour’s Legal Counsel for West Africa. “We will work with her to take children off the streets and raise awareness for the rights of children in Lagos. “RenWoman will work with the Lagos State First

Lady to reverse the cycle of poverty, especially among street children and the disadvantaged in the communities around Alaro City and in Lagos State in general,” said Funke Beke, Rendeavour’s Real Estate Advisor. “This is something that we are passionate about in all the countries we operate in and we are therefore pleased to find a formidable partner in the First Lady for our plans for Lagos.” Responding, the First Lady welcomed the support by RenWoman and reiterated her commitment to partnering with organisations like Rendeavour focused on championing the rights of children in Lagos State. She also used the opportunity to call on parents and guardians in the state to ensure that children are not subjected to slavery, abuse or anything that is detrimental to their growth and development.

Fine and Country Partners PwC, Udo Udoma for Investor Series Fine and Country West Africa has said it is collaborating with PwC and Udo Udoma & Belo-Osagie to organise The Refined Investor Series. According to a statement, with PwC and Udo Udoma & Belo-Osagie as knowledge partners, Fine and Country will execute what has been described as one of the most anticipated & insightful real estate events for the upper quartile market in Nigeria.

The statement noted The Refined Investor Series is a real estate thought leadership gathering of astute high networth investors, economic influencers, real estate developers, industry leaders and real estate enthusiasts. The series, reputed for high level conversations was well attended by high profile business leaders and investors, it pointed out. “The Refined Investor

Series has hosted over 2000 private investors with the participation of major financial institutions, and related industries featuring companies. This year’s edition is themed FOCUS 2020: The State of the Nigerian Real Estate Market will point smart investors to strategic collaborations as well as guide them through efficient visioning, planning and management of their real estate investments,” it added.

IFMA, AETI Partner for Capacity Building, Sustainable Management International Facility Management Association Nigeria partners Applied Engineering Technology Institute, AETI for strategic capacity building and sustainable facility management through mentorship development programme. A statement by their officials said both bodies signed a Memorandum of Understanding at IFMA’s secretariat in Lagos, adding that the partnership aims to

deepen capacity building, sustainability initiative and mentorship development for the practitioners in the built environment in the country. The statement said IFMA is committed to continuous learning and development through strategic collaboration with other professional bodies and reputable organisations in order to ensure the entrenchment of best global practices in the practice of

facility management. Speaking at the signing of the MOU, the two organisations promised to synergise and bring their diverse experiences to change the narratives in the facility management sector in Nigeria through development of articulated capacity building programmes and professional knowledge sharing to help advance the cause of the facility management industry.

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T H I S D AY Ëž Í°ÍłËœ 2020

BUSINESS/MONEYGUIDE

Domiciliary Accounts: Stop Misleading Customers, CBN Tells Banks Obinna Chima The Central Bank of Nigeria (CBN) yesterday warned commercial banks against misguiding their customers with regards to the operation of domiciliary accounts in the country. The CBN gave the warning in a letter titled: ‘Clarification on Operation of Ordinary Domiciliary Accounts,� dated February 24, 2020, that was posted on its website, exactly a day after it has said the news making the rounds that it had banned domiciliary accounts’ transactions was false. The letter addressed to all banks was signed by the Director, Trade and Exchange Department, CBN, Dr. Ozoemena Nnaji. The banking sector regulator which stressed that there has

not been changes to its Foreign Exchange Manual, stated that all ordinary domiciliary account holders could utilise cash deposits not exceeding $10,000 or its equivalent by telegraphic transfers to fund eligible transactions. It explained: “Following different interpretations of operations of domiciliary accounts. It has become imperative to clarify the operations of domiciliary accounts as contained in the CBN Foreign Exchange Manual Memorandum 25 provisions under reference. “For the avoidance of doubt, all provisions of the CBN Foreign Exchange Manual has not changed and remains in effect. “Consequently, all ordinary domiciliary account holders can utilise cash deposits not exceeding $10,000 or its equivalent

by telegraphic transfers to fund eligible transactions. “As a result, all deposits money banks are advised to desist from misguiding their customers. Please ensure strict compliance.� The Director, Corporate Communications, CBN, Issac Okorafor, had at the weekend, explained that, “Only electronic fund transfers into Domiciliary accounts can be transferred from such accounts while cash deposits into such accounts can only be withdrawn in cash also.� Okorafor, had urged stakeholders and other interested parties to always endeavour to seek clarification on issues and avoid speculative tendencies which are detrimental to the financial system.

Zenith Becomes First Nigerian Bank to Post N209bn PAT Nume Ekeghe With a profit after tax (PAT) of N209 billion in its recently released financial results for the year ended December 31, 2019, up from the N193 billion recorded the previous year, Zenith Bank has become the first Nigerian Bank to cross the N200 billion mark. AriseTV Analyst, Mr. Chika Mbonu, stressed this while analysing the company’s performance on the ‘Global Business Report,’ yesterday. Mbonu, who is a former bank chief executive and presently Managing Director, KSBC Advisory Partners Limited, added: “It is impressive. The bank’s gross earnings came in at N662 billion with a growth of about five per cent over the previous year, which was driven principally by the growth in their net interest income by about 29

per cent. “If you look at the report, you would find that the net interest income fell by 10 per cent and not surprisingly because of the challenges they faced last year in repricing the assets.� He added: “The major growth you would find is in the noninterest line which grew by 29 per cent, which was driven by the more than 100 per cent growth in electronic banking fees. “So, you would find that line has been a saviour for most banks in Nigeria. Whereas they lose in the net interest line, the noninterest income line compensated for it. “Zenith held its fees and expenses very low and therefore the profit before tax improved by 5 per cent and they managed their taxes well to grow by eight per cent.� Speaking furthermore about Zenith Bank’s assets and ratio

which measure the banks performance, he said: “When you talk about banks you talk about bank, it is about their assets, what they do with it and what is the size of their equity in trying to measure the efficiency of banks. The first ratio we looked at is the return on equity which came in at 23.8 per cent. “Another is the return on asset which came in at 3.4 per cent, from 3.3 last year. Also, in terms of cost to income ratio, last year, they came in N49.3 and now it moderated to N48.8. So, from all the parameters Zenith came in very well. “One other ratio that is very important is the non-performing loans (NPLs) ratio. In Nigeria, CBN has said that banks NPLs should not be more than five per cent and Zenith Bank came in at 4.3 per cent, which they pushed down from 4.98 last year.

Wabote Pledges Support for Prime Atlantic Peter Uzoho The Executive Secretary of the Nigerian Content Development and Monitoring Board (NCDMB), Mr. Simbi Wabote, has said the agency will strive to give the needed support to Falck Prime Atlantic Limited, to enable it succeed. Falck Prime Atlantic is an oil and gas safety solutions provider offering technical and safety trainings to its numerous clients in Nigeria. Wabote, gave the assurance yesterday, during his visit to Falck Prime Atlantic’s training facility in Ipara, Ogun State. He said the training offered by the company was necessary as it would impact positively on the Nigerian oil and gas industry. The executive secretary,

who expressed delight over the investment made by the company as well as the level of its maintenance, added: “I think it is very impressive. As you can see, a lot of investment has gone into this. “It is a facility from what I understand commissioned 10 years ago and I am impressed that they are still maintaining the standard when you look at the cleanliness of the facility which is meant to train people on all manner of safety and technical skills. “And I think the company has done a very good job here. They believed in Nigeria. The onus is now on us in NCDMB to give them all the maximum support in order that they will reap the benefit of their tremendous investment in Nigeria and for

believing in Nigeria. “You can see that it was well exhibited in the facility, and again some of the trainings that you have here are things that Nigerians pay a lot of money to go and get trained outside the country with the foreign exchange as it, but you can see that it is being done here in Nigeria and which is what we pride for.� According to him, the company is of international standard and has got all the international certification and affiliation. He said the kind of training offered by his host was seriously needed in the oil and gas industry, pointing out that the industry does not accept substandard training or mediocrity and unqualified people to work on board.

Lagos First Lady Partners RenWoman Bennett Oghifo Street children in communities around Alaro City were recently the target of a rehabilitation embarked upon in Lagos State by RenWoman in partnership with the First Lady, Mrs. Ibijoke Sanwo-Olu. RenWoman, the women group of Rendeavour, builder of Alaro City focuses primarily on empowerment of women

in Africa. The partnership was designed to rehabilitate destitute and disadvantaged children in the state, according to a statement. Rendeavour, in partnership with the Lagos State Government, is building Alaro City, a mixedincome city-scale development in the Lekki Free Zone. Alaro City is conceived as a 2000-hectare development with industrial and logistics locations, complemented by offices, homes,

schools, healthcare facilities, hotels, entertainment and 150 hectares of parks and open spaces. RenWoman’s mission is to create an enabling and progressive environment for the advancement of women in the workplace through knowledge sharing, networking and leadership development to ensure the personal and professional success of women.

MARKET INDICATORS MONEY AND CREDIT STATISTICS

(MILLION NAIRA)

SEPTEMBER 2019 Money Supply (M3)

35,029,779.72

-- CBN Bills Held by Money Holding Sectors

7,374,356.91

Money Supply (M2)

27,655,422.82

-- Quasi Money

116,533,891.21

-- Narrow Money (M1)

11,121,531.60

---- Currency Outside Banks

1,625,047.69

---- Demand Deposits

9,496,483.91

Net Foreign Assets (NFA)

13,911,335.83

Net Domestic Assets(NDA)

21,118,443.89

-- Net Domestic Credit (NDC)

35,918,179.45

---- Credit to Government (Net)

10,452,199.38

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

11,007,422.79

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

25,465,980.07

---- Credit to Private Sector (CPS)

-14,799,735.56

--Other Assets Net

7,000,253.07

Reserve Money (Base Money

2,005,600.83

--Currency in Circulation

4,677,530.81

--Banks Reserves

317,121.43

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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

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OPEC DAILY BASKET PRICE Ëœ Í°ÍŻ Í°ÍŽÍ°ÍŽ

The price of OPEC basket of fourteen crudes stood at $58.17 a barrel on Friday, compared with $58.94 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

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T H I S D AY ˾ Ͱͳ˜ ͰͮͰͮ

MARKET NEWS

NSE All-Share Index Falls 1.27% as Market Opens on Bearish Note Goddy Egene The Nigerian stock market shed 1.27 per cent yesterday following losses by banking stocks as investors remain apprehensive about increasing regulatory headwinds in the industry. Besides, the depreciation was recorded despite the visit of the Minister of Finance, Budget and National Planning, Mrs. Zainab Ahmed to the Nigerian Stock Exchange (NSE). The minister

was on the floor of the exchange and assured market operators of federal government’s plans to come up with more tax incentives that would attract more investments to the market. However, the Nigerian Stock Exchange (NSE) All-Share Index fell by 1.27 per cent to close at 27,041.03, while market capitalisation shed N181.1 billion to be at N14.1 trillion. According to analysts at Cordros Capital, the decline followed sell-off banking tickers, “amidst

P R I C E S MAIN BOARD

F O R DEALS

expectations of increasing regulatory headwinds, following news surrounding recent statements attributed to the Central Bank of Nigeria (CBN) at the Banker’s Committee meeting last week.” The NSE Banking Index fell 4.7 per cent as Zenith Bank Plc that reported its audited financial performance for 2019, announcing a final dividend of N2.50 per share last Friday, depreciated yesterday. According to the results of the financial institution, it posted

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

QUANTITY TRADED

VALUE TRADED ( N )

gross earnings rising to N662.3 billion, showing an increase of five per cent from N630.3 billion reported in 2018. The bank explained that the growth was driven by the 29 per cent increase in non-interest income from N179.9 billion in 2018 to N231.1 billion in 2019. Fees on electronic products continues to grow significantly with a 108 per cent jump from N20.4 billion in 2018 to N42.5 billion in 2019. Profit before tax increased

T R A D E D MAIN BOARD

A S

by five per cent growing from N232 billion to N243 billion in the current year, arising from top-line growth and continued focus on cost optimisation strategies Similarly, profit after tax (PAT) rose from N193 billion to N208.8 billion, achieving the feat as the first Nigerian Bank to cross the N200 billion mark. And in demonstration of its commitment to its shareholders, the bank has proposed final dividend pay-out of N2.50 per share, bringing the total

O F

dividend to N2.80 per share. Meanwhile, activity level advanced as volume and value traded rose 1.8 per cent and 31.4 per cent to 429.0 million shares and N7.3 billion respectively. The most active stocks by volume were GTBank (117.1 million shares), FBN Holdings Plc (60.1 million shares) and Zenith Bank Plc (56.2 million shares) while GTBank Plc (N4.8 billion), Zenith Bank Plc (N1.1 billion) and FBN Holdings (N329.5m) led by value.

2 4 / 0 2 / 2 0 2 0 DEALS

MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N)

35

TUESDAY FEBRUARY 25, 2020 ˾ T H I S D AY

NEWSEXTRA

Motorists Stranded as Gunmen Block Benin-Ore Road for Several Hours Dike Onwuamaeze Commuters yesterday had their journey interrupted at Agbogi village, near ‘Okada Town,’ in Edo State by rampaging gunmen that were suspected to be herdsmen who blocked the Benin-Ore express road for several hours. An eye witness in a video recording of the stranded motorists, which is trending on the social media, alleged that

the gunmen killed no fewer than 10 persons in the village. The video, which showed stranded commuters and several vehicles parked along the express road, did not contain any clip of the alleged gunmen. The narrator alleged that more than 200 herdsmen with guns and cutlasses blocked the expressed road since 6 o’clock, apparently in the morning, adding that no vehicle could pass through them.

“Fulani herdsmen there are more than 200. They have blocked the road. There is nobody to help us. We have been here since six o’clock without help. The police will not even dare to pass there. We are stranded here,” the voice

claimed, adding that alleged “Fulani herdsmen are killing villagers here. They are shooting and killing people here. Up to 10 villagers have been killed. We have been here since six o’clock without food. We need help. Look at people on the

road. They have carried two corpses out now. So, we are in trouble here. We don’t know what to do. I have not eaten since morning.” The commuters cried out that they were “in an emergency and need help. There is no

food and no water. Help! Help! There are children here. United Nations should help us. We are in Agbogi village after Okada in Edo State.” “There is silent war and silent killing in Nigeria. This is a silent war.”

Oyo Miyetti Allah Seeks Inclusion in Operation Amotekun The Myetti Allah Cattle Breeders Association of Nigeria (MACBAN) in Oyo State is seeking inclusion of its members in operation Amotekun, a security outfit. Speaking at a public hearing on the Oyo State Security Network Agency Bill 2020, also known as Amotekun Bill, yesterday, a former Chairman of MACBAN in the state, Alhaji Yaqub Bello, said incorporation of Miyetti Allah members will be beneficial for the development of peace in the state. At the event presided by Hon. Abiodun Fadeyi, the Deputy Speaker of the state House of Assembly, Bello expressed the support of Miyetti Allah to the Amotekun initiative, saying only “haters of truth” would oppose such a move. “Some of us have been in Oyo State for over 40 years, cohabiting with the natives, married Yoruba women and have children. So, our request is to include Myetti Allah as members of Operation Amotekun to enhance the job of the outfit, since we know the terrain of where we rear our cattle,” he said. “Having Fulani among the outfit will make it easier for

Amotekun men to distinguish between genuine herdsmen and the criminals while on patrol. A Fulani man can also serve as an interpreter while interrogating any suspected herdsman.” In his remark, Mr. Gboyega Adejumo, representative of the Aare Ona Kakanfo of Yorubaland, Gani Adams, said issuance of licence for firearms is vital for the operations of the security outfit. He said that the use of dane guns will be ineffective for their operations, adding that hoodlums and criminalminded persons may attack the operatives once observed that they have no arms. The state Attorney-General and Commissioner for Justice, said part of the objectives of the Amotekun is to share intelligence report about crime, suspicious activities and other criminal activities. “Others include collaboration with similar security agency, particularly in Ogun, Lagos, Ondo, Osun and Ekiti states to deter kidnapping, terrorism, cattle rustling, cultism, highway robbery and other offences, and also to assist the police in apprehending such criminals,” he said.

PROJECTS VERIFICATION...

L-R: Rivers State Governor, Mr. Nyesom Ezenwo Wike; Minister of State for Education, Hon. Chukwuemeka Nwajiuba; and Permanent Secretary, Cabinet Office, Office of the Secretary to the Government of the Federation, Mr. Babatunde Lawal, during the verification of federal government projects executed by the state government in the state...yesterday

Courage, Honesty Separate Akeredolu from Others, Says Aide Dike Onwuamaeze The Senior Special Assistant to Governor Rotimi Akeredolu of Ondo State on Media and Publicity, Mr. Ojo Oyewamide, has identified courage and honesty as the distinguishing features of Akeredolu’s politics. Oyewamide said that these characteristics have made Akeredolu an unusual player on the nation’s political turf whose position on any critical issue is always known, adding that “he says what he means and means what he says.”

He said that it was a rare demonstration of political courage for Akeredolu to champion the cause of the establishment of the Western Nigeria Security Network, a collective response of the southwest governors to the increasing insecurity in the region that is codenamed the ‘Operation Amotekun,’ in spite of the insinuations that his stance on the ‘Amotekun’ would make his re-election a tall order. “It was declared illegal and unconstitutional by the Minister of Justice and Attorney-General

of the Federation, Mr. Abubakar Malami (SAN). But in his frank and courageous manner, Governor Akeredolu vehemently defended the security outfit. “Trust mischief makers! They misinterpreted the governor’s strong commitment to the ‘Amotekun’ to be drawing a battle line between him and the federal government. Their insinuation was that his stance on the ‘Amotekun’ would make his reelection a tall order. But Akeredolu pointedly told them that the security of lives and properties was greater in value

than his reelection. He elevated the safety of his people above his ambition to rule the state beyond February 23, 2021,” Oyewamide said. He declared that Akeredolu’s support for the ‘Amotekun’ is a function of an altruistic intention that does not stem from any desire to remain in the Alagbaka Government House beyond 2021. However, “it is never in doubt that the numerous remarkable achievements of his government in the last three years are capable of ensuring his reelection,” he said.

The Chairman of the Board of Trustees (BoT), Council for New Nigeria initiative, CNNi, Senator Abu Ibrahim has urged President Muhammadu Buhari the importance of solidifying the political platform he rode on to realise his life-time ambition as civilian president. He spoke at the Presidential Villa, Abuja, when the Board of Trustees of Council for New Nigeria initiative (CNNi),

which was formerly known as National Committee for Buhari Support Groups (NCBSG), before and during the last general election, paid a courtesy visit to the president. The body intimated the president on issues relating to economic share prosperity for the citizenry, particularly those poor masses of Nigeria, national unity and preservation of his achievements after 2023.

Speaking at the meeting, the leader of the delegation, Senator Abu Ibrahim said “the teeming masses who supported APC and Mr. President in the last general election and trekked miles upon miles are expecting more, particularly, on campaigns promises of the party, APC and Mr. President goal to lift 100milion citizens out of poverty. Achieving that goal will definitely put Mr. President

on the positive side of history” A statement issued yesterday by the Director of Media and Publicity of the group, Mr. Biodun Ajiboye, quoted Ibrahim, as telling Buhari to do everything within his power as the leader of the party to save APC from disintegration, because the general belief in the public is that the president is the key, holding APC together.

One-day Fast: Zulum Lauds Nigerians for their Solidarity Save APC to Preserve Your Legacy, Party Chieftain Tells Buhari The Governor of Borno State, “Nothing I write or say can Professor Babagana Umara Zulum, has applauded Nigerians for their solidarity with the state during the one-day fast declared by the governor. In a statement personally signed by him, the governor said that such an extreme act of worship could only have been done for the sake of God. “I thank Nigerians for the specific purpose behind today’s spiritual endeavour. Today’s fast, which sought and still seeks Allah’s merciful intervention for an end to the Boko Haram insurgency, was largely carried out by many Nigerians out of empathy for the people of Borno State in particular, and for other parts of our dear country. “In worship to Allah and for Borno’s sake, many Nigerians throughout the day, voluntarily abstained from food, water, and other personal affairs with abiding faith and hope that we regain enduring peace.

adequately convey the debt of our profound gratitude to all Nigerians. “To the good people of Borno State, I am grateful to God for having you all by my side. Today, I saw firsthand, how majority of citizens, Muslims and Christians, devoted themselves to fasting and prayers in mosques and churches. I monitored many acts of worship and charity. We did all of these for our sake and the sake of our brothers and sisters more directly affected by the insurgency,” he explained. “I am proud of all of you who joined in our collective acts today. I do solemnly reaffirm the pledge I made on May 29th 2019, that by the grace of God, I will, together with all stakeholders, continue to give more than my very best in our shared and determined effort to overcome the Boko Haram challenge and put our state on the path of sustainable recovery, growth and development,” he added.

JAMB Cautions Universities against Portal Admission, Registers 2.1m The Joint Admissions and Matriculation Board (JAMB) said it has registered over 2.1 million for the 2020 Unified Tertiary Matriculations Examination (UTME) and the Direct Entry, a record number in the 41-year history of the board. The board said in its weekly bulletin that while it registered 1,949,983 for the 2020 UTME, it registered 160,640 for the Direct Entry.

The registration ended on February 17, with no extension of deadline. “A total number of 1,949,983 registered for UTME, while 160,640 registered for Direct Entry,” the board said. The examination body has also warned universities to desist from conducting admissions on their school portals, noting that such was a “flagrant abuse of the Central Admission Processing System.” “The CAPS is an automated

platform for all institutions to conduct their admissions. This system engenders transparency, accountability and inclusiveness devoid of human interference. Institutions are the major actors with the sole authority to recommend candidates for admission while the board supervises by ensuring that all candidates are fairly, equitably and transparently treated. “Consequently, the conduct

of admissions by institutions on their portals is a flagrant abuse of CAPS which is the only credible avenue for institutions to conduct admissions. “Any admission into the First Degree, National Certificate of Education, and others not on the official letterhead of the board or outside CAPS is null and void, it will not be condoned by JAMB.

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TUESDAY FEBRUARY 25, 2020 ˾ T H I S D AY

24 HOURS...

24 HOURS...

US: Visa Restriction will Be Reviewed When Nigeria Meets Conditions The United States yesterday revealed that the immigration visa ban imposed on Nigerians by its President, Mr. Donald Trump, will be reviewed once Nigeria meets the required conditions. The US Government had on January 31 announced the new visa regime, which involved the suspension of the issuance of immigrant visas to Nigerian passport holders while

claiming that Nigeria did not comply with the established identity-management and information-sharing criteria assessed by the performance metrics. An officer in the US consulate in Nigeria, Ross Conroy, yesterday noted that the ban was a targeted action towards Nigerians migrating to the United States and not a total ban on Nigerians as propagated

by some media outlets. Conroy said this while speaking as the guest speaker at the World Peace and Understanding Month of the Rotary Club of Ikeja District 9110. Conroy, who spoke on different initiatives the United States had put in place to foster peace in northern Nigeria and

other parts of the country, noted that without effective and inclusive peace and reconciliation processes, the violence in the country might continue. He said, “A study was conducted in 2018 among sample-size Nigerians and it was discovered that 45 per cent of Nigerians claimed that they

wanted to leave Nigeria in the next five years but I do want to say that the travel ban is a very specific and targeted action only looking at the immigrant visas. “It only impacts people immigrating to the United States through links with family members. It is not a complete ban, people are getting their visas once they

have their interviews and this is not a permanent type of arrangement, it is something that was borne out of the failure to meet certain security and information-sharing criteria by the Nigerian government and once that is met as the ambassador made it clear last week, this decision will certainly be reviewed.”

FG Shortlists Two Consortia for Aviation Leasing, Maintenance, Repair Kasim Sumaina in Abuja The federal government yesterday shortlisted a consortium of A. J. Walters/ Glovesly/Egypt Air for Aviation Leasing Company, and Ethiopian Airlines for the Maintenance Repair and Overhaul (MRO) facility at a bidders’ conference in Abuja. The Director of Public Affairs, Ministry of Aviation, Mr. James Odaudu, in a statement made available to journalists in Abuja said: “In attendance were officials of the Ministry of Aviation, Federal Airports Authority of Nigeria (FAAN), Infrastructure Concession Regulatory Commission (ICRC), Federal Ministry of Finance, Aviation Labour Unions, Transaction Advisers and prospective investors. According to him, “at the end of the conference, one company, a consortium of A.

J. Walters/Glovesly/Egypt Air was shortlisted out of three for the Aviation Leasing Company. “For the Maintenance Repair and Overhaul (MRO) facility, two companies namely; A.J. Walters/Glovesly/Egypt Air and Ethiopian Airlines were shortlisted out of seven that expressed interest.” “Declaring the conferences open, the Director, Planning, Research and Statistics and Chairman of the Project Delivery Team, Alhaji Muhammad Shehu said the event marked another phase of the government’s determination to ensure the realisation of the projects. “He also assured of a transparent process leading to the actualisation of the projects which are being executed through public private Partnerships. He said the cross-stakeholder representation at the conference underlined the government’s commitment to transparency.”

Oyo APC Chieftain Demands Absolute Autonomy for 774 LGAs Kemi Olaitan in Ibadan A chieftain of the All Progressives Congress (APC) in Oyo State, Asiwaju Rotimi Ajanaku, has called for an absolute autonomy for 774 local government areas across the country. Ajanaku, who is also the Asiwaju Odo O’odua, further called for caution on the crises rocking the administration of local government councils in Oyo State. The APC chieftain, while speaking with journalists in Ibadan yesterday, similarly warned all the parties involved to allow the rule of law to take preeminence, as it’s the only acceptable way to settle dispute without creating further rancour. According to him, “The political atmosphere in Nigeria is saturated already; it can’t admit any further pressure or unrest. It is on this premise that I, the Asiwaju Odo O’odua, appeal to whoever has intention to foment trouble or act as agents to cause crises in the state to have a rethink. “Oyo State is our territory and Ibadan is our home, so we can’t afford to fold arms and allow some individuals to destroy our land which

everyone in Nigeria testified to be the most peaceful and accommodating state in Nigeria. All the parties involved should wait for the ruling of the competent court and obey every order granted by the Judges. Whoever disobeys the court order will be held responsible and pay for his foolishness in a painful way irrespective of his political affiliation or status. “No one should think he has monopoly of hooliganism. We shall do all within our capacity to support the security agencies to ensure the arrest and prosecution of the offenders and criminals. Once more, I’m appealing to all parties involved or affected by the local government councils’ tussles in Oyo State to tread with caution.” Ajanaku said: “It’s also important to note that it really doesn’t matters who is affected in the cause of eradicating illegality-whether ruling party or opposition or even the state governor or political warlords-the most important thing is sanitisation of our nascent democracy and reinforcement of our judiciary system for the protection of Nigerian Constitution.

PROVIDING HEALTHCARE…

L-R: Executive Director of Faith Care Foundation, United States of America, Dr. Venton Forbes; Director, Faith Care, Nigerian chapter, Dr. Monday Yilkudi; Founder/Chief Executive Officer (CEO), Faith Care Foundation; Dr. Peter Schnatz; Enugu State Governor, Hon. Ifeanyi Ugwuanyi; Director, Francis and Felicia Umenyi Foundation, Mrs. Chito Nwana ; and Coordinator, Faith Care, Mr. Dele David, when the governor hosted the foreign medical experts after their free medical outreach in the state, in collaboration with the pet project of Ugwuanyi’s wife, Ugo’s Touch of Life Foundation… weekend

House Expresses Outrage over Failed Take-off of Mambilla Power Project Emmanuel Addeh in Abuja

House of Representatives Committee on Power yesterday expressed anger over the inability of the multi-billion Mambilla Hydropower Project to commence operation, over 48 years after the 3,050 megawatts capacity facility was initiated. The lawmakers maintained that if not meticulously monitored, the project located

in Taraba State, might go the way of the almost $500 million Abuja Closed Circuit (CCTV) contract which was fully funded, but never saw the light of day. It was gathered that the project initiated since 1972 and had been awarded to different contractors with huge monies expended, had encountered several set-backs, prompting former president Olusegun Obasanjo to re-award it in the

twilight of his administration but this was subsequently cancelled by late president Umaru Musa Yar’adua. In 2017, under President Muhammadu Buhari, the project was again awarded as a Joint Venture to Chinese firms for about $5.792 billion to be partly funded by the China Export Import (EXIM) Bank as a concessionary loan. Speaking during an oversight assignment to

the Ministry of Power to interact with the Minister, Saleh Mamman, and the management of the ministry, the Chairman of the House Committee on Power, Magaji Aliyu, who led other lawmakers, expressed surprise that though billions of naira had been spent on the project by successive administrations, there was nothing to show that the project had even commenced.

PDP, Religious Bodies, Others Back Lagos Govt on Amotekun Eddie Alegbe Stakeholders across Lagos State and environs have pledged their support for the creation of Amotekun in the state. They spoke yesterday during one-day stakeholders forum on a bill for a law to amend the Lagos State Neighbourhood Safety Corps (LNSC) Agency Law, 2019 aimed at establishing Amotekun Corps at the pavilion of Lagos State House of Assembly. The representative of the Christian Association of Nigeria (CAN) stated that the church was

in support of Amotekun and that they would pray for the success of the corps, while commending the proponents of the concept. Also supporting the project, a security consultant and analyst, Mr. Dickson Osagie, urged the government to emphasise proper training of the personnel of Amotekun, adding that insufficient parenting has been contributing to the high rate of insecurity in Lagos State. In his comment, the Chairman of the Peoples Democratic Party (PDP) in Lagos State, Engineer Adedeji Doherty, who spoke

through Chief Sunday Olaifa, said the party was in support of Amotekun. He, however, said the party would want the state government not to employ personnel on party or religious or ethnic basis. He added that qualified people should be employed and that there are enough charms in Yoruba land to ensure the success of Amotekun In his contributions, a security expert, Mr. Gboyega Alowonle, said the state Assembly should look at the recruitment of personnel and training.

“Let us ensure that the personnel go through due diligence. You cannot rule out Nigeria Police in the area of security, and community policing is also important,” he said. Also contributing, Mr. Lekan Otukoya advised that the government should give consideration to those who initially started Neighbourhood Watch then in the state. Otukoya said members of the Neighbourhood Watch were laid off in 2016 without compensations, but that they did good jobs between 1996 and 2016.

Sanwo-Olu, Amaechi, Others for Freedom Online Annual Lecture Governor Babajide SanwoOlu of Lagos State will today (Tuesday) at Sheraton Lagos Hotel, Ikeja, lead other speakers to discuss the future of Nigeria at the third annual lecture of Freedom Online. A statement issued yesterday by the Managing Director/ Editor-in-Chief of the online newspaper, Mr. Gabriel

Akinadewo, stated that the theme of the lecture is ‘Nigeria: Foundation, Fundamentals, Future.’ According to the statement, Sanwo-Olu is the guest speaker. Other dignitaries expected at the event include Minister of Transportation, Hon. Rotimi Amaechi (Chairman);

former Ogun State Governor, Otunba Gbenga Daniel (Special Guest of Honour); former Deputy National Chairman of the Peoples Democratic Party (PDP), Chief Olabode George (Keynote Speaker) and Senior Special Assistant to the President on Media and Publicity, Malam Garba Shehu (Guest of Honour).

Others are former Police Affairs Minister, Navy Captain Caleb Olubolade (rtd); Iba Gani Adams, Aare Ona Kakanfo of Yorubaland; Prof. Akinyemi Onigbinde, Senior Research Fellow, Institute of African Studies, University of Ghana, Accra and Mr. Isah Mustapha, President, Nigerian Guild of Editors (NGE).

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24 HOURS...

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Auditor General’s Report: House Summons Four Ministers Adedayo Akinwale in Abuja The House of Representatives has summoned four ministers to answer questions on why the agencies under their supervision should not be sanctioned for violating extant laws on submission of audited accounts to the Office of the Auditor General of the Federation. The ministers summoned are: Minister of Health, Dr. Osagie Ehanire; Minister of Agriculture, Alhaji Sabo Nanono; Minister of Industry, Trade and Investment, Mr. Niyi Adebayo; and Minister of State for Transportation, Senator Gbemisola Saraki. The House Committee on Public Account is investigating

what it described as “deliberate and reckless refusal by nontreasury and partially funded agencies to render their audited accounts covering the period from 2014 to 2018.” The Minister of Agriculture, Nanono is to appear alongside all agencies in the ministry to explain the delay in constituting boards for the agencies. The Chairman of the Committee, Hon. Oluwole Oke, at the investigative hearing at the weekend decried the refusal of the agencies to abide by the provisions of the law, saying it was not acceptable that for eight years, the Nigeria Institute for International Affairs (NIIA) failed to submit its audited account as required by law. The House therefore

Three African ex-Presidents, Others to Attend Obasanjo’s Birthday Celebration Kayode Fasua in Abeokuta Three African former presidents and other world leaders have been slated to grace the 83rd birthday celebration of former president Olusegun Obasanjo, scheduled to hold between March 3 and 4. Some of these past African leaders include former President Bia Koroma of Uganda, his Liberian counterpart, Ellen Johnson Sirleaf and the former Ethiopian Prime Minister, Hailemariam Desalegn, among other prominent African leaders. Also, the Chinese and Indian Ambassadors to Nigeria are to give perspectives of their countries on the “Asian aspiration and lessons for Africa” at the event slated to hold between March 3 and 5 in Abeokuta, Ogun State capital. Addressing a world press conference yesterday in Abeokuta, the Director, Centre for Human Security and Dialogue (CHSD) of Olusegun Obasanjo Presidential Library

(OOPL), Prof. Peter Okebukola, said the centre with the support of The Brenthurst Foundation would organise an international policy round-table with the theme: “The Asian Aspiration” for the purpose of sharing lessons from that continent for strengthening Africa’s integration and cooperation in the area of socioeconomic development. Okebukola explained that Obasanjo’s birthday celebrations since he left office as president in 2007, has been used as a platform to evolve and promote development agenda relevant to the growth and advancement of Africa and the world in general. “The roundtable will bring together former Heads of State and Government in Africa, especially from the ECOWAS sub-region, heads as well as representatives of United Nations agencies, Ambassadors of foreign missions to Nigeria, leaders from the public and private sector, development partners,” he said.

Edo Govt Establishes Sexual Assault Referral Centre for Rape Survivors, Others Adibe Emenyonu in Benincity As part of efforts to tackle incidences of rape and other sexual assaults as well as the need to cater for the survivors, the Edo State Government has said it has concluded plans for the establishment of Sexual Assault Referral Centre (SARC). The state Commissioner for Social Development and Gender Issues, Hon. Maria Edeko, disclosed this during a five-day training course in Sexual Assault Trauma Counselling (SARC) organised for counselors attached to the ministry to fast-track the delivery of SARC services in the state. The training course was supported by the Rule of Law

and Anti-Corruption (RoLAC) programme and funded by the European Union, and held in Benin-city, the Edo State capital. Speaking during the flag-off ceremony, the commissioner noted that setting up the centre would make it easier for survivors (victims) of defilement/rape to come forward for treatment and advice, which will eventually boost the conviction rate of rapists. According to her, “Survivors (victims) referred to the centre will undergo a forensic examination, receive counselling, psychosocial support and be advised on and supported in the process of pressing charges as the centre is designed to render multiple services as a one-stop shop.”

placed the NIIA, Nigeria Environmental Standards and Regulations Enforcement Agency, the Nigeria investment Promotion Council,

Radiographers Registration Board, Inter-Country Centre for Oral Health, Root Crop Research Institute, Umudike, Nigeria Natural Medicine

Agency and the Lake Chad Research institute under status enquiry. The committee therefore directed the agencies to

reappear before it with their immediate past management teams, annual budgets and audited accounts covering the period under investigation.

COURTESY VISIT……

L-R: Oyo State Chairman of the Nigerian Union of Journalists (NUJ), Mr. Demola Babalola; Deputy Governor of Oyo State, Mr. Rauf Olaniyan; and National President, NUT, Chief Chris Isiguzo, during courtesy visit to Governor’s Office Secretariat, Ibadan …yesterday

NIGERIA’S ELECTRICITY PROBLEM: FG VS. DISCOS Is Minister Mamman aware at all of the existence of 10 power plants that are being managed by the Niger Delta Holding Company (NDHC), a limited liability company that is managed by public officers?? The Minister of Power was quoted as saying Nigeria now has a generating capacity of 13, 000 MW in 2020. In 2013, Nigeria had a generating capacity of 12, 910 MW. What has been added since 2015? Even if 7000 MHW is produced today, can TCN with her 330KV/132KV transmit that much to all the DISCOS? The answer is capital NO. The Minister pretends not to know that TCN is the weakest link between the GENCOS and

DISCOS. The Minister should show us how much has gone into 330KV/132KV in the last 5 years across Nigeria. The Federal Government could have sold ten more power plants to increase capacity. It has not done so. Even then, the so-called claim of 13, 000 MW is at best academic and fictitious. Minister Mamman claims that the Transmission Company of Nigeria (TCN) has a capacity to transmit 7, 000 MW but it actually transmits about 5, 000 MW out of which the DISCOs can only take about 3, 000MW. There is shortage of electricity in the country and so, high demand for limited supply has driven up prices

and yet government is insisting on the withdrawal of subsidy and a hike in electricity tariffs by April 1. I don’t get it. No wonder all the private sectors, industrial and commercial houses generate electricity at about 70-85 Naira per kilowatt hour for themselves. but this has disenabled them from competing with other manufacturers around the world. This is one of the major reasons that the private sector must be allowed to take over the entire value chain of the electricity industry. Since 2015 that Yola DISCO has been returned to the Federal Government, it will interest the general public to hear from the Minister, how much

investment in 132KVA, 33KVA and 11KVA infrastructure has been provided in the entire North East that Yola DISCO covers. The Buhari government simply needs to move beyond politics and sentiments. If President Buhari succeeds in solving the electricity supply conundrum in Nigeria, that alone will be enough legacy for his administration. He should listen only to those who know. Engr. Saleh Mamman has absolutely no clue. I hope the Minister knows he is a member of the National Council on Privatisation and therefore cannot take any policy decision without NCP approval first.

Years of Medical Tourism for Cancer Treatment over, Says FG Dike Onwuamaeze The Minister of Health, Dr. Osagie Ehanire, and the Minister of Finance, Budget and National Planning, Dr. Zainab Shamsuna Ahmed, have expressed the hope that the days when Nigerians travel abroad in search for cancer medical treatment are over. The ministers expressed this optimism yesterday at the inauguration of NLCC training and administrative building at the Lagos University Teaching Hospital (LUTH), which is equipped with modern and

sophisticated machines and instruments for the treatment, management and control of cancer. The centre, according to the Managing Director of Nigeria Sovereign Investment Authority (NSIA), Mr. Uche Orji, was built at the cost of $10 million that was provided by NSIA. In her remark, the Minister of Finance, Budget and National Planning, Ahmed, said: “With the facilities we have here, we expect Nigerians and the citizens of our neighbouring countries to come here for cancer treatment.

This centre will also stem the tide of foreign medical tourism as Nigerians would no longer need to travel abroad for cancer care. What we have here in terms of precise technologies and equipment is as good as what is obtainable outside Nigeria.” She added that the cancer centre was built to enable Nigerians obtain precise cancer treatment. “The training centre we are here to unveil today is a centre that will train oncologists and other important medical

personnel in ensuring that adequate and best kind of care is provided in this Centre of Excellence,” she said. The minister said the centre would provide affordable services at N900,000 per patient for six weeks treatment. Speaking in the same vein, Ehanire said: “It is, therefore, a great relief for the Federal Ministry of Health to see the partnership between NSIA and LUTH bringing succour to the masses who would not afford medical tourism abroad for cancer treatment.

Ondo Declares Today Public Holiday as Buhari Visits State Ondo State Governor, Mr. Oluwarotimi Akeredolu has approved the declaration of today as public holiday. Akeredolu, while granting the approval said: “The public holiday is necessary for the state

to welcome the President of the Federal Republic of Nigeria, Muhammadu Buhari who is expected to arrive the state to commission two key legacy projects, the Ore Industrial Hub and the Ore Inter-change.

According to a statement by the Commissioner for Information and Orientation, Mr. Donald Ojogo ‘the commissioning are part of activities marking the third anniversary of the administration.

The governor expressed appreciation to God for the journey thus far, urging all to take advantage of this period to participate fully in the series of activities lined up for the anniversary celebrations.

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TUESDAYSPORTS

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

D E A T H O F R E M O S T A R S ’ P L AY E R

IG Orders DIG FCID to Take over Investigation Dare condemns needless killing of Nigerian youth Duro Ikhazuagbe The Inspector General of Police, Mohammed A. Adamu, has ordered the Deputy Inspector General (DIG) in-charge of the FCID, Anthony Ogbizi, to immediately take over the investigations into the circumstances surrounding the death of Tiamiyu Kazeem, the Vice-Captain of Remo Stars Football Club in Sagamu last Saturday, February 22, 2020. The decision of the IGP to get to the roots of the brutal death of the promising footballer was announced on the force’s official Twitter handle yesterday afternoon. The late Kazeem was allegedly killed by a car along the SagamuAbeokuta expressway after he was pushed off a moving police vehicle by an operative of the Special Anti-Robbery Squad (SARS) in Ogun State.

While commiserating with the family and friends of the deceased footballer, IGP Adamu called for calm and reassured all that justice will be done in the matter. He reiterated that any person found culpable in the death of Kazeem will be brought to book. Earlier, Youths and Sports Minister, Mr Sunday Dare, condemned in strong terms the killing of the footballer and called for a special investigation to unravel the cause of his death. The minister warned that the needless profiling and killings of Nigerian youth must be checked as its capable of depriving the country of the contribution of its vibrant youth. “The death of the young player of Remo Stars, Tiamiyu Kazeem, is unfortunate and unwarranted,” Dare lamented. “While I sympathise with his family, Remo Stars and

the entire football fraternity, his death must not be swept under the carpet. I therefore call on the police high command to probe this unfortunate incident and bring the culprit to book. “We have a responsibility to ensure the safety of lives and

the police must understand the sanctity of lives. “Those paid to protect the citizens should not be the ones snuffing lives out of them,” the minister reiterated. Dare insisted that though probing the incident will not

restore the dead to life, a clear message must be sent by making the perpetrators account for their evil deeds. The Remo Stars vice-captain was reportedly arrested for looking like a ‘Yahoo boy’ (fraudster), but despite

identifying himself as a footballer he was allegedly pushed out of the moving vehicle and hit by an oncoming car. He was rushed to the hospital where he was confirmed dead last Saturday.

D’Tigers, D’Tigress Can Win Olympic Medal, Says Kida As Nigerians count down to the 2020 Olympics in Tokyo, Japan, President of the Nigeria Basketball Federation (NBBF), Musa Kida, is optimistic that the country’s senior men and women basketball teams can end up on the medals table. Fielding questions from sportswriters at the weekend, the NBBF President said that Nigeria’s qualification to the Olympics “is not just to add to the numbers of participating teams but to shock the world and be amongst the best.” With the current synergy and talents in the teams (D’Tigers and D’Tigress), Kida is not in any doubt that the two teams can compete with the

best around the world and fly Nigeria’s flag high in Tokyo. “D’Tigers and D’Tigresses are teams that have the true spirit of Nigerians in them which is the spirit to win and perform optimally. They are going to perform extremely well and may go ahead to shock the world again and this will be an excellent outing,” observed the Nigerian basketball federation chief . Being the only Nigerian team sport to have so far qualified for the Games and the first time both teams will be featuring during the same summer Olympics (also first in Africa), expectations are high for the team to perform.

UBTH Golf Club Honours Sam Iredia Last weekend, a major memorial tournament was held in honour of one of Nigeria’s main golf icons, late Chief Sam Iredia. The tourney was played on the vast course of the University of Benin Teaching Hospital [UBTH] Golf Club. Over100 golfers from Edo State and golfing friends of Iredia from across the nation participated in the event. The Captain of the Club, Professor Gabriel Ofevwe, noted that it was important to host such big event in honour of Iredia because until his death he was the Chairman of the Board of Trustees of the Club. Besides, Ofevwe mentioned that it was through the extra push from Iredia that made several intellectuals within the university community to take to the game of golf. “Through the founder, Professor Eugene Okpere,

we just happened on this pretty golf course”, Ofevwe stated. “Most of us know the game but were not really playing. But the late Iredia would come around and and lecture us on the gains of the game. “We took his fatherly advise and took to the game. We are all better off for it today. So honouring his passing with such a big event like this is just our own little way of thanking the real golf icon of our time for his precious support to the development of this great club which remains the only West African university with a golf course”. Three sons of Iredia who came home from their United States of America base took turn to hit a drive during the ceremonial tee off. They were amazed that their father did so much for the nation’ golf to merit such honorary event.

L-R: Former Super Eagles Ike Shorounmu, Mutiu Adepoju, Former Oyo State Governor, Abiola Ajimobi, Youth and Sports Minister, Mr Sunday Dare, Joseph Yobo and Nigeria’s Football Ambassador Daniel Amokachi during the final of the Oyo State Unity Cup in Ibadan...at the weekend

Heineken House Braces up for Messi, Ronaldo Show in UCL With Heineken’s announcement last week of a busy schedule this year, football fans and consumers are in for premium experience at the Heineken House on Tuesday and Wednesday as top football icons, Lionel Messi and Cristiano Ronaldo will be the centre of attraction as action resumes in the UEFA Champions League. The Heineken House has over the years been the preferred location for football fans and others alike to enjoy Champions League football as it guarantees an electrifying atmosphere nextto what obtainable across the top match venues.

And following up from last year’s hugely successful Unmissable campaign, this year’s theme, ‘Better Together’ is aimed at fostering conviviality and togetherness among football lovers. Heineken continues to connect with fans through the UEFA Champions League. The duo of Messi and Ronaldo have enjoyed a great deal of success in the world’s most prestigious club competition and equally boasts of a wide fan base across the globe. Their fans in Nigeria will be on the edge tonight when

FC Barcelona play away to Napoli while the heat will be on Ronaldo’s fans when Juventus will be in action on Wednesday in France. After watching English teams, Tottenham and Liverpool suffer defeats in their first leg ties last week, expectations are high that the duo of Manchester City and Chelsea will turn the tide for their fellow domestic teams. While it was all fun last week, even more drama is expected this week; especially in the titanic battle between Manchester City and Real Madrid at the Santiago Bernabeau.

Heineken is one of the world’s most international brand with a presence in over 180 countries across the globe. It is known for its major partnerships and sponsorship across various consumers’ interest such as sports, with the ongoing UCL, and debut with Euro 2020 in summer and Formula 1, lifestyle and entertainment.

CHAMPIONS LEAGUE Today (8pm) Chelsea v B’ Munich Napoli v Barcelona

Anambra Promises Best Police Games Ever Dike Onwuamaeze The Anambra State Government has promised to make the 12th Biennial Police Games, which will kick off at the Alex Ekwueme Square, Awka, on Saturday, February 29, the best ever in the history of the competition. According to the Anambra State’s Commissioner for Information and Public Enlightenment, Mr. C Don Adinuba, more than 5,000 police officers are expected to take part in the 12th biennial games, which would last one week. Adinuba said that parts of the games would hold in such places as Otuocha Stadium in Anambra East Local Government Area,

though the majority games would be hosted at Rojenny Holiday Resort and Games Village, Oba, in Idemili South Local Government Area, which is a stone’s throw from Onitsha. He noted that the police force has contributed immensely to national sports development, but for some reason the contribution was not always acknowledged. “Chioma Ajunwa, who in 1996 emerged the first Nigerian Olympic gold medalist, was a police inspector who has now risen to the rank of chief superintendent of police and is commanding a key division in Lagos State. The late Sunday Bada, who won a silver medal, which has now been upgraded to gold at the Sydney

Olympic Games in 2000 because the original winners of the 4 by 4 race tested positive to a banned substance, was a policeman. Esene Ikpoto, who represented Nigeria at different prestigious competitions, including the Olympic Games held in Christchurch, New Zealand, is a police officer,” he stated. Adinuba said that it was not a surprise that Anambra was selected to host the police game because some of the best sportsmen and women ever from Nigeria are Anambra indigenes. “Take Mary Onyali, an Olympic medalist. Take Innocent Ejima Egbunike, another Olympic medalist. Or Major Emmanuel Ifeajuna, the first Nigerian to win a medal at the Commonwealth Games.

How about Emmanuel Okala, Nigeria’s greatest goalkeeper and Power Mike Okpala, the undefeated world heavyweight wrestling champion? Who can ever forget Ben Lionheart Okpala, the African heavyweight wrestling champion or Ngozika Ekwelum, the national boxing champion? No one can forget that Christ the King College, Onitsha, made history in 1977 when it became the first secondary school in Africa to win the World Secondary School Football Competition held in Ireland,” he enumerated, adding that “the Nigeria Police Force cannot possibly ask for a better partner in preventing and fighting crime than the present Governor Willie Obiano administration.

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Tuesday February 25, 2020

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MISSILE NBA to FG

“The NBA has not seen nor read any official statement from the executive branch of the federal government on the egregious invasion of the Abuja residence of Justice Peter-Odili” – Nigerian Bar Association wondering why the federal government has not said anything about the recent invasion of the residence of Justice Mary Peter-Odili, by a mob.

TUESDAY WITH REUBENABATI abati1990@gmail.com

Nigeria’s Electricity Problem: FG vs. DISCOs

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ere is the main problem with Nigeria’s electricity sector: Nigeria is Africa’s most populous nation, but it has failed consistently to generate, transmit and distribute enough electricity to power its development process and accelerate economic growth. Between 1999 and 2007, President Olusegun Obasanjo focused on the reform of the electricity sector as one of the major priorities of his administration. Gas-powered plants were set up across the country under his watch, turbines and other equipment were imported. His government laid the foundation for reform in the power sector but could not complete the process, particularly the privatization of the power sector. Obasanjo’s legacy includes the National Electric Power Policy (NEPP) of 2001, the National Electric Power Sector Reform Act of 2005 which established the Nigerian Electricity Regulatory Commission (NERC), and the establishment of the Power Holding Company of Nigeria (PHCN), to replace the notorious National Electricity Power Authority (NEPA). The PHCN was later unbundled into 18 successor companies. By the time President Obasanjo left office in 2007, power generation in the country had increased from about 1, 200 MW in 1999 to 4, 000 MW in 2007. For a country of Nigeria’s size and population, this was not enough to transform the country. Obasanjo was succeeded by President Yar’Adua. In the course of his campaign for Presidential office, Alhaji Umaru Musa Yar’Adua stressed the importance of the electricity sector as an engine of growth. He promised to declare a national emergency in the sector. He eventually didn’t declare an emergency but shortly after assuming office in 2007, President Yar’Adua established a Presidential Committee for the accelerated expansion of Nigeria’s power infrastructure with a mandate to ensure the delivery of 6, 000 additional megawatts within 18 months and an extra 11, 000 MW by 2011. By the time President Yar’Adua gave this directive, Nigeria’s power generation capacity was down to 3,000 MW per day. South Africa with a much smaller population was at the time generating 36,000 MW. Egypt with a population of 78 million also had a generating capacity of 36,000 MW. The Yar’Adua Committee which was given 18 days to do its work, submitted its report one year later! The House of Representatives also conducted a probe of the electricity sector. The House Committee on Power led by Hon. Ndudi Elumelu accused the Obasanjo administration of having spent over $10 billion on the electricity sector without having much to show for it. The Committee disclosed that between 2000 and 2007, the Obasanjo administration spent over $10 billion on various projects in the power sector. The Elumelu Committee raised questions and demanded answers. The Presidential Committee meanwhile recommended that the country would still need about $85 billion to meet the target of 20,000 MW generating capacity as recommended by the Vision 2020 Committee. President Yar’Adua in the course of it all, ordered a probe of the Nigeria Electricity Regulatory Commission (NERC). The Chairman of the NERC and six commissioners of the agency were suspended from office and invited for questioning. President Yar’Adua’s government soon entered into discussions with General Electric (GE) and later signed a Memorandum of Understanding

Minister of Power, Sale Mamman with the German Government on power development projects in Nigeria. Siemens was one of the six German companies included in that MOU. The Government also launched a Gas Master Plan to address the problem of gas supply to the Papalanto, Omotosho and Geregu power plants built by the Obasanjo government. Contracts worth over $660 million were awarded, but despite all its good intentions, the Yar’Adua government could not make much difference. Power supply remained epileptic in Nigeria. There are many who believe that the efforts of the Yar’Adua administration were abbreviated by a lack of urgency occasioned by the President’s health challenges and the obsession of that administration with the past administration’s expenditure in the power sector. It was so bad that power equipment worth $5 billion that had been imported in 2,500 (or 800?) containers by the Obasanjo administration, which arrived three days after President Obasanjo left office were abandoned at the ports for three years, Taxpayers incurred a demurrage of N4 billion! President Yar’Adua was succeeded by Dr. Goodluck Ebele Jonathan. As former Chairman of the National Economic Council and former Chair of the National Council on Privatization, Jonathan was certainly privy to the Electricity Sector Road Map and the Power Sector Master Plan. He continued where his former boss stopped, but even more so, from where Obasanjo stopped, and by avoiding the ugly politics and blame game that had developed around the subject of electricity delivery in Nigeria, he was able to make significant progress in the areas of accelerated reform, policy execution, provision of power sector infrastructure, public-private sector partnership and privatization. President Jonathan had threatened, right from his early days in power that he would privatize the PHCN, and reform the electricity sector. In due course, he launched a Power Sector Transformation Plan and gave full effect to the Nigeria Electricity Sector Regulatory Act of 2005. He commissioned and upgraded a number of power plants including the Azura-Edo power plant, the first fully privately owned Independent Power Plant in Nigeria. He re-organized the PHCN by selling off the Federal Government’s majority stakes in the 18 companies unbundled from PHCN in the shape of six Generation Companies (GENCOS), 11 Distribution Companies (DISCOs) and a

Transmission Company owned fully by the Nigerian government. Private sector investors in the GENCOs and DISCOs paid as much as $3.3 billion for the acquired PHCN assets in what was considered an open and fair process even by international observers. Nigerian banks supported the process, investments were also attracted to the gas sector. By 2013, the power sector had resurrected with installed generation capacity at about 12.910 MW, but available capacity nevertheless remained at less than 7. 652 MW. Transmission capacity was 8,1000 MW while a distribution peak of 5,375 MW was recorded. Thus, the problem of low capacity utilization persisted. President Goodluck Jonathan handed over to President Muhammadu Buhari in 2015. Like other Presidents before him since 1999, President Buhari even as a candidate promised to transform Nigeria’s power sector. In the run up to the 2015 elections, President Buhari in a document titled “Covenant with Nigerians” and also in the “APC Manifesto”, promised that “The APC government shall vigorously pursue the expansion of electricity generation and distribution of up to 40,000 MW in 4 to 8 years.” The promised figure was twice the Vision 2020 Committee projection of 20,000 MW by 2020. The reality is that the Buhari administration has not been able to deliver on that promise. In 2017, former Minister of Power, Housing and Works, Babatunde Fashola claimed that the government had achieved a record 5,074 MW in actual power generation. From 2015 to date, President Buhari has continued to give assurances that his administration will sort out the electricity sector crisis. The administration has reportedly spent more than N900 billion on the power sector as intervention fund. It has signed a six-year contract with Siemens of Germany for an upgrade and technical input across the value chain to generate up to 25,000 MW in three phases. The Buhari administration accuses previous administrations – Obasanjo, Yar’Adua and Jonathan’s of wasting Nigerian resources on the power sector without results and the Jonathan administration of mismanaging the privatization process. It is alleged that over $6.8 trillion has been spent on Nigeria’s power sector since 1999. Meanwhile, the country remains literally in darkness. Many companies have had to relocate from Nigeria. Businesses, homes and families are compelled to provide their own electricity. The cost of diesel is high. Many lives have been lost to generator explosions. There are communities in Nigeria that have not seen electricity for seven years, simply because they are not connected to the national grid! The House of Representatives has asked President Buhari to declare a state of emergency in the electricity sector. The standard response has been to blame either the former ruling party, the PDP (1999- 2015) or the Jonathan privatization process or more specifically, the power distribution companies. In 2017, the Buhari government mooted the idea of probing the power sector from 1999- 2015. Needless politicking, sentiments and emotions have proven to be the bane of the electricity sector in Nigeria. Every Minister of Power since 1999 has always been ready with an excuse for inefficiency. Babatunde Fashola, as Buhari’s Minister of Power, Works and Housing heaped the blame on the privatization process. Buhari’s NERC blames the DISCOs and even threatened to revoke their licences.

This blame game continued last week with Fashola’s successor as Minister of Power, Engr Saleh Mamman threatening that the DISCOs are the problem of the electricity value-chain and if they do not sit up, their licences will be revoked. He says he has even sent a memo to the Federal Executive Council to that effect. The FEC should ignore his memo. Mamman doesn’t sound like he knows what he is talking about. Ignorance is bad in itself, but the kind of tripodal ignorance that has been demonstrated by the current Minister of Power is curious! It seems to me that government needs to go beyond scapegoating, passing the buck, sentiments and politics, to address fundamental problems of the electricity sector, and crosscutting issues in the entire value chain. There are consequential steps that should have been taken after the privatization exercise of 2013/2014 to deepen the transition process away from PHCN which the current administration has conveniently ignored. This is in part responsible for the distortions within the entire value chain. If the Minister of Power does not know what these are, he should consult the Bureau for Public Enterprises, the National Electricity Regulatory Council and the Vice President’s Office which oversees the National Council on Privatization. If he does not trust anyone in those departments, let him talk to Nasir el-Rufai, the Governor of Kaduna State who as Director General of BPE, at the time of the commencement of reforms in that sector can tell the story much better - that is, if he doesn’t choose to play convenient politics. If el-Rufai plays politics with the matter, let him talk to Dr. Lanre Babalola and Bola Onagoruwa. For example, the Gas Production and supplies to the various Power Plants are still largely dependent on NGC/NNPC which are government-controlled and as usual cannot respond to the 24 hours need of the privatised power generating plants. Unfortunately, in the last 5 years, this critical component of the value chain of power generation has not been resolved by President Buhari’s Government. Gas Production and supplies is yet to be privatised and NNPC/FGN remain the major bureaucratic problem for the gas-based Electricity generating investors. Even the gas price in USD has not been allowed to be translated into appropriate naira tariff for the entire value chain of electricity supplies. Recently we read in the media, that Federal Government has granted sovereign guarantee to NNPC to build gas pipeline from Ajaokuta to Kano (AKK) for $2.8 billion, with about two captive gas-powered generating plants along the gas pipeline. But any discerning observer of the industry will ask whether this AKK should be a priority now, when you can deploy the $2.8 bill to solve the immediate problems of the stranded 10 gas-powered generating plants in the hands of NIPP/ Niger Delta Power Holding Company. It is certain that this $2.8 Billion project will not be completed in the next 3-4 years and may never get sufficient gas to reach Abuja nor Kano, when even Kaduna refinery built since 1989 with Crude Pipeline from Escravos has never gotten enough to refine Nigeria’s export crude on a daily basis. These are the issues each of the Ministers has refused to look into, focussing instead on chasing the DISCOS as the weeping child. Continued on page 37

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