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Insurers to Refund Airlines’ Premium over Flight Cancellations Ebere Nwoji With the cancellation of local and international flight operations to check the spread of the COVID-19 pandemic, aviation insurers are beginning to count their losses. This is because aviation

insurers would have to cough up part of the premium paid to them by airlines operators at the end of the pandemic in accordance with aviation insurance contract regulations. This they would do under the Premium Adjustment Agreement with their airline

clients in order to return premium to them. THISDAY gathered that this is applicable to premium collected under aircraft hull insurance whose premium is paid upfront usually on annual basis. On the part of the air

passengers, investigation revealed that the passengers may be at the losing end as aviation insurance experts said such claims might not be paid to them since the flight cancellations were a state order and not the fault of the airlines.

However, some insurance underwriters, especially those who underwrite air passenger personal accident insurance, said customers have been making requests for claims for flight cancellations. Aviation insurance expert and Managing Director of

Alpha Choice Insurance Brokers, Mr. Sunny Adela, told THISDAY that the pandemic has affected aviation insurance business and passengers due to flight cancellations. He said the COVID-19, Continued on page 8

Oil Price Drops to $26 on Concerns over US Storage... Page 5 Tuesday 21 April, 2020 Vol 25. No 9143. Price: N250

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FG Apologises for Protocol Lapses at Abba Kyari’s Burial Says end of COVID-19 still far Develops draft for new action plan against scourge Cases now 665 with 188 discharged, 22 dead Edo, Ondo discharge index cases Lagos makes face mask compulsory in public places Eightprivate hospitals suspend operations WHO: No vaccine approved yet for Nigeria, others Goddy Egene, Segun James, Martins Ifijeh, Funmi Ogundare in Lagos, Olawale Ajimotokan, Onyebuchi Ezigbo in Abuja and Adibe Emenyonu in Benin The federal government yesterday apologised for the lapses and the violation of COVID-19 safety principles and protocols that occurred

during Saturday's burial of the Chief of Staff to the President, Malam Abba Kyari, in Abuja. It also cautioned Nigerians against undue optimism over when the COVID-19 pandemic would end, assuring them, however, that it was striving to overcome the virus, which cases rose to 665 yesterday with Continued on page 8

Buhari Thanks Nigerians for Condolence Messages Omololu Ogunmade in Abuja President Muhammadu Buhari yesterday thanked many callers who condoled with him, the Kyari family and the nation, following the death of his Chief of Staff, Malam Abba

Kyari. Senior Special Assistant to the President on Media and Publicity, Malam Garba Shehu, said the president expressed appreciation for their letters of Continued on page 8

STRATEGISING AGAINST COVID-19... L-R: Chief Executive Officer, Aliko Dangote Foundation, Ms. Zoura Youssoufou; Group Managing Director, Access Bank Plc, Mr. Hubert Wigwe; and Chief Executive Officer, MTN Nigeria, Mr. Fierdi Moolman, during the briefing on the activities of the private sector-led Coalition Against COVID-19 (CACOVID-19) in Lagos...yesterday

Boko Haram Leader, Shekau, Ready to Surrender, Says Military... Page 6

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

Oil Price Drops to $26 on Concerns over US Storage Ejiofor Alike with agency reports Crude oil prices fell yesterday, with a United States crude futures contract hitting its lowest level since 1998, as concerns that the US crude storage would soon be full and bleak economic data hit sentiment. Global benchmark, Brent was down $1.62, or 5.8 per cent, at $26.46 a barrel, while the frontmonth May WTI contract fell $6.22, or 34 per cent, to $12.05 at the early trading. It later crashed to negative. BBC reported that this implies that US oil producers are paying the buyers to take the products of their hands over fears that the storage capacity could run out in May. Reuters reported that the volume of oil held in US storage, especially at the Cushing delivery point for the US West Texas Intermediate (WTI) contract in Oklahoma, is rising as refiners throttle back activity in the face of weak demand. Crude oil in floating tanker storage at the high seas is also estimated at a record 160 million barrels. Weak global economic data also put pressure on prices. The German economy is in severe recession and recovery is unlikely to be quick as coronavirus-related restrictions could stay in place for an extended period, analyst told Reuters. However, Japanese exports declined the most in nearly four years in March as US-bound shipments, including cars, fell at their fastest rate since 2011. Oil prices have collapsed by more than 60 per cent since January to levels well below the costs necessary for many shale drillers to break even, leading to drilling halts and drastic spending cuts. The slump in oil price forced the federal government to cut down the 2020 budget, which was initially predicated on oil price of $57 per dollar. The new budget proposal

reduced the oil benchmark from $57 per barrel to $30 per barrel while the oil production volume was reduced from 2.18 million barrels to 1.70 million barrels. The revenue projection for the 2020 budget was also reduced but the price has still slumped below the new benchmark of $30. However, to reduce the excess inventory in the global market and boost oil price, the Organisation of Petroleum Exporting Countries (OPEC) and its allies, led by the Russian Federation, had agreed at a recent meeting to cut output by 10 million barrels a day (mbd) between May and June 2020, eight mbd between July and December 2020 and six mbd from January 2021 to April 2022, respectively. In line with the agreement, Minister of State for Petroleum Resource, Mr. Timipre Sylva, said in a recent statement that the country agreed to limit its daily oil production to 1.412 mbd, 1.495 mbd and 1.579 mbd within the period in compliance with the measures to rebalance and stabilise the oil market. He said the country would gain about $2.8 billion from its sale of crude oil in the coming months if the weakened prices of the commodity gain an additional $15 per barrel after member-countries of OPEC and its allies agreed on fresh production cut to stabilise the oil market. Canada, the world’s fourthlargest oil producer, has begun to rein in production, but analysts said the biggest cuts lie ahead. Meanwhile, the slump in oil price has continued to take its toll on producers with leading fracking firm, Halliburton, reporting a $1 billion first quarter loss and $1.1 billion in impairment charges yesterday as it gave a bleak outlook for North American oilfields after the coronavirus-driven oil price decline. Last week, larger rival Schlumberger cut its dividend

and recorded an $8.5 billion charge in the first quarter from writing down assets, while Baker Hughes said it would take a $1.5 billion charge, write down the value of its oilfield business and slash spending by 20 per cent in 2020. Halliburton, which generates

most of its business in North America, booked $1.1 billion in pre-tax impairments and other charges, mostly relating to the value of its pressure pumping assets. It posted a 25 per cent drop in revenue from the region to $2.46 billion, while international revenue rose five

per cent to $2.58 billion. “For the remainder of 2020, the company expects a further decline in revenue and profitability, particularly in North America,” Halliburton’s Chief Executive Jeff Miller said. The company said it was also facing challenges related

to coronavirus lockdown measures, including logistical problems from border closures and travel restrictions that have prevented the company from accessing certain facilities and sites, as well as inefficiencies from stay-at-home work arrangements.

PRAYERS FOR THE PATRIOT... L-R: Shehu of Bama, Kyari Ibn Umar El-Kanemi; Chief Imam of Borno, Imam Zannah Laisu; Borno State Governor, Prof. Babagana Zulum, at the post-funeral prayers for the former Chief of Staff to the President, Mallam Abba Kyari, in Maiduguri…recently

UK Evacuates More Citizens from Nigeria Chinedu Eze The United Kingdom yesterday evacuated the third batch of its citizens from Nigeria through the Murtala Muhammed International Airport (MMIA) in Lagos. UK deployed Boeing B747 British Airways flight, BAW9116 with registration number G-CIVO, which airlifted a total of 213 Britons, including 26 crew members from Lagos, as part of the country’s repatriation efforts following the outbreak of COVID-19 pandemic. The plane landed at 2.22 p.m local time and departed at 3.59 p.m local time. The evacuation was the third by the UK government

in two days. According to the UK Mission in Nigeria, the fourth repatriation would take place on Wednesday. On Saturday, a BA Boeing 747 had airlifted 301 Britons from MMIA, while 242 were moved from the Nnamdi Azikiwe International Airport in Abuja on the same day. The British High Commissioner to Nigeria, Mrs. Catriona Laing, had stated that to be eligible for all flights, primary residence has to be in the UK. She added that the UK prioritised helping the most vulnerable and those who have an underlying medical condition placing them at greater risk of serious illness

if they contact COVID-19. The UK mission also said the nationals would pay under £500 for their seats, adding that the federal government had assured London that people who had exceeded their authorised visa stays as a result of travel restrictions linked to COVID-19 would not be penalised as over-stayers when they depart. Meanwhile, the Airline Operators of Nigeria (AON) has called for a clear plan by the federal government to help domestic airlines recover from COVID-19 lockdown impact. AON, in a statement by its chairman, Captain Nogie Meggison, and made available to THISDAY, said as a result

of the COVID-19, Nigeria’s aviation sector had recorded an exposure of about 251,000 direct job losses, as confirmed by the International Air Transport Association (IATA). “The lockdown is a double blow for the Nigerian economy due to the drop in the price of oil, which is the mainstay of the country to below $15, and the negative impact of the COVID-19 stay-at-home order that has virtually suspended all economic activities. “From the foregoing therefore, it is clear that the Nigerian economy and indeed the aviation industry requires urgent government articulation of plans if the jobs of our youths must be preserved post-COVID-19,” AON said.

closed for a further two weeks. This is subject to review as appropriate, please,” Sirika said. The federal government had on March 23 shut all the nation’s airports to incoming international flights. A statement from the Nigerian Civil Aviation Authority (NCAA) said all incoming international flights with the exception of emergency and essential flights were prohibited from landing. A letter authorising the initial closure had emanated from the office of NCAA Director-General, Captain Musa Nuhu, addressed to all operators with Ref: NCAA/ DG/AIR/11/16/106 and dated March 21, 2020. “Further to our earlier letter on the restriction of

international flights into Nigeria, we wish to inform you that effective Monday 23rd March at 2300Z to 23rd April at 2300Z, Murtala Muhammed Airport, Lagos (DNMM) and Nnamdi Azikwe International Airport Abuja (DNAA) will be closed to all international flights. “Emergency and essential flights are exempted from this restriction. This is in addition to the closure of Mallam Aminu Kano International Airport, Kano (DNKN), Akanu lbiam International Airport, Enugu (DNEN) and Port Harcourt International Airport, Omagwa (DNPO) effective Saturday 21st March at 2300Z. "Henceforth, all airports in Nigeria are closed to all incoming international

flights with the exception of emergency and essential flights,” the letter read. But since the closure of the airports, there have been essential and emergency flights, which include cargo operations, evacuation by countries that airlifted their citizens out of the country. Since the week the airports were closed for scheduled flight operations, over 2,000 persons have been airlifted out of the country by notably European nations, the United States, Israel, South Africa, and others. Also, some international carriers, including British Airways, had projected that flight service to Nigeria would start from April 24, but with the extension, flights might resume about May 8.

Govs to Hold Virtual Meeting Tomorrow to Review Pandemic Reports FG Extends International Airports’ Closure By Two Weeks

Chuks Okocha in Abuja

Nigeria Governors’ Forum (NGF) would hold a teleconference tomorrow to review the COVID-19 situation in the country. They would also review the various measures taken by state governments at various stages of the virus’ incursions into the country. The governors, in a statement by NGF Head of Media and Public Affairs, Mr. Abdulrazaque Bello-Barkindo, said the invitations to the meeting were issued yesterday by the Director General of the Forum, Mr. Asishana Bayo Okauru. The statement added that the meeting would be the sixth teleconference for the governors since COVID-19 outbreak in Nigeria. The statement urged the

governors to prepare to discuss the journey so far and provide state-by-state updates on the dominant issue of the season. It added that four states Bauchi, Ogun, Lagos and Oyo would be invited to share their experiences with others. According to the statement, the National Economic Council (NEC) ad-hoc committee and the Presidential Task Force on COVID-19 are also expected to make presentations before the governors at the meeting. The meeting, the statement added, would start at 2.00 p.m and deliberate on the distribution of palliatives to the most vulnerable in the society and how the federal and state governments were collaborating on the pandemic and the type of assistance that the president would be rendering to states.

Chinedu Eze The federal government has extended the closure of international airports by two weeks. The airports were closed to scheduled commercial flights on March 23 for one month. But in a tweet from his verified Twitter handle yesterday, the Minister of Aviation, Senator Hadi Sirika, said instead of reopening the airports on Thursday, the federal government had extended the closure by additional two weeks. “COVID-19. As a result of the extension on lockdown by Mr. President, it is no longer possible for us to open our airspace and airports for normal operations by the 23rd of April, 2020. They will remain

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Boko Haram Leader, Shekau, Ready to Surrender, Says Military Kingsley Nwezeh in Abuja Military authorities said yesterday that with the grand offensive mounted by the Armed Forces of Nigeria against Boko Haram and the Islamic State for West African Province (ISWAP), the body language of terror leader, Abubakar Shekau, is that of surrender. They also confirmed the killing of key Boko Haram commanders during airstrikes on Durbarda, Borno State. The Defence Headquarters (DHQ) also said it had produced 18,000 hand sanitisers and ventilator machine, "Dicovent" in support of government's effort to contain COVID-19 pandemic. It called on federal and state governments to patronise the products produced by Defence Industries Corporation of Nigeria (DICON) to enable mass production. Speaking at a briefing in Abuja attended by the leadership of DICON, led by Major General Victor

Ezugwu, the Coordinator of the Directorate of Defence Media Operations (DDMO), Major General John Enenche, said while there was no official contact with the terror leader, his body language showed that he was ready to surrender. He added that Boko Haram has been degraded by the ongoing pounding of its forces and structures. "If you talk about body language, the body language is there. If he makes any move in that regard, you will know but from the onslaught from troops, they can't hide anymore," he said. He stated that more airstrikes conducted by the Air Task Force of Operation Lafiya Dole killed key Boko Haram commanders. "Several key Boko Haram terrorists, Boko Haram/ISWAP leaders, have been killed and their structures destroyed in airstrikes conducted by the Air Task Force of Operation Lafiya Dole at Durbada in Borno State. "The operation was executed on the heels of credible Human Intelligence

(HUMINT) reports, which were confirmed by a series of Intelligence, Surveillance and Reconnaissance (ISR) missions, indicating that the settlement was one of the locations where some of the terrorists’ hierarchy often hibernate," he said. He explained that fighter jets dispatched by the Air Task Force took turns in attacking the location scoring accurate hits within the target area, which resulted in the death of many terrorists. "Others, who were seen attempting to flee the area, were taken out in follow-on attacks. "The Armed Forces of Nigeria, in furtherance of the objective of restoring peace and security in the North-east will sustain the offensive against the enemies of our nation," he added.

On COVID-19, Enenche stated that in response to the directive of the Chief of Defence Staff (CDS), Gen. Abayomi Olonisakin, to the armed forces to articulate strategic intervention to support the federal government's fight against the COVID-19 pandemic, DICON had taken the lead to address the shortage of Personal Protective Equipment (PPE). "Additional to its primary responsibility to produce defence equipment, DICON has succeeded in diversifying its human, equipment, machinery as well as research and development capacity, to support a much-needed strategic intervention to cushion the effects of the highly dreaded COVID-19 in the country.

"Consequently, DICON, under the visionary leadership and result-oriented leadership of Maj. Gen. Victor Ezugwu, has mobilised its management and staff to research, develop, produce and produce several COVID-19 and lifesavessentialing equipment," he said. Enenche stated that DICON embarked on the production of over 1,500 dozens of DICSanz, a highquality hand sanitiser for supply to troops. He said the product was at the last stage of NAFDAC registration in line with extant due diligence provisions. "In addition to these, DICON engineers, consultants and medical teams have successfully produced a digital mechanical ventilator known as DICOVENT. The newly designed low-cost machine is

a simple mechanical ventilator that can deliver positive pressured ventilation using a volume-controlled ventilation (VCV) system. "The ventilator has undergone thorough scrutiny and assessment by specialists from top ranging hospitals and experts in the country, including Cedar crest Hospital Abuja, 44 Nigerian Army Reference Hospital Kaduna amongst others. "While DICOVENT may not be able to meet the high demands of critical patients, it could be used for Continuous Mandatory Ventilation (CMV) and Intermittent Positive Pressure Ventilation ( IPPV). It can also be used for invasive ventilation and non-invasive ventilation using an end tracheal tube and mask respectively."

Kano Dismisses Rumour of Mass Deaths

Ibrahim Shuaibu in Kano

Kano State Government has debunked the rumour of mass death in the state following an upsurge in activities at cemeteries located within the city. Kano State Health Educator/Secretary of the Risk Communication Sub Committee on COVID-19, Mr. Auwalu Abdu Fagge, in a statement issued yesterday, said investigation had shown that there was no truth in the rumour. "The task force has activated the community informants structure of WHO (World Health Organisation) to report death and cause of death and have also deployed officers to all burial grounds to count bodies brought in for burial everyday - the workers

would conduct two shifts," he added. The state government's reaction came on the heels of anxiety by residents over unexplained deaths in the city within the past three days following a spike in number of COVID-19 cases in the state. Fagge appealed to residents to "kindly disregard the rumours of having mass deaths recently in Kano metropolis." "Honestly, the media and rumour mongers have been trying their best in making us dissipate energy in wading them off. "We cannot afford to let the good people of Kano to panic and lose confidence in our response. I must state that we are more courageous than ever in a bid to contain this pandemic," he said.

Abia Govt Condemns Killings by Security Personnel Abia State Government yesterday condemned what it described as the unwarranted shooting and killing of some indigenes of the state by security agents. The government, in a statement by the Chief of Staff to the governor, Dr. ACB Agbazuere, said while the Okezie Ikpeazu administration appreciated the commitment and industry of heads of security agencies and some other security personnel in the state, the breeding recklessness of some security men must be nipped in the bud forthwith. Agbazuere assured the people of the state that anybody who takes life would undoubtedly face justice. He noted that the soldier who killed an indigene of

the state at Umuokereke Ngwa had been dismissed from the army and put in prison awaiting trial for murder, urging all other arm bearers to learn their lessons. The statement read: “Abia State Government hereby condemns in very strong terms the unwarranted shooting of some Abians and the consequent loss of their lives. While government appreciates the commitment and industry of heads of security agencies and some other security personnel in the state, the breeding recklessness of some security men in the state must be nipped in the bud forthwith. Government hereby reassures all Abians that anybody who takes the life of an Abian must definitely face justice.”

MILITARY JOINS THE FIGHT... L-R: Director, Research and Development, Defence Industries Corporations of Nigeria (DICON), Col. Domain Dicke; DICON Director-General, Maj-Gen. Victor Ezugwu; and Coordinator, Defence Media Operations, Maj-Gen. John Enenche, during a press briefing on equipment, manufactured by DICON to combat COVID-19 in Abuja…yesterday enock reuben

Citing Fear of FG’s Sabotage, Wike Moves to Protect Borders Ernest Chinwo in Port Harcourt

Rivers State Governor, Chief Nyesom Wike, has announced that the state would establish a task force to man its borders to curb the spread of COVID-19. Signing the Executive Order RVSG-02 No. 3 -2020 at the Government House, Port Harcourt yesterday, Wike said the task force would be in place because of the likelihood of sabotage from the security agencies of the federal government. He said: "This is the third Executive Order that I will be signing since the coronavirus pandemic started. This third Executive Order is very important. "We suspect there will be sabotage on the part of the security agencies. That is why we are appointing a task force to man our borders. We owe

our people a duty to protect them. There is likely to be sabotage. Our task force will be at the borders to protect our people." Wike also said that contrary to the “falsehood” being peddled on the release of ExxonMobil Staff, the workers were released strictly on the intervention of some dignitaries and not due to the threat to embark on strike by any union. "No federal agency spoke to us. But there were respected Nigerians who intervened and they were released by 8.00 a.m on Sunday. "Exxon Mobil signed and agreed that they will take back their staff to Eket. That was the condition we gave for their release," he said. According to him, the laws on restriction of movements must be implemented for the safety of everyone.

"On Sunday, we arrested some staff of BOA who violated the law. They have been arraigned in court and remanded," he said. He added that COVID-19 is no respecter of persons, as it has killed both influential and less-privileged, hence the need to be more vigilant. On the Dumping of Waste in Public Places (Prohibition) Bill 2020, Wike stated that the state government would employ 3,000 environmental sanitation marshals to implement the law. He said his administration was committed to the improvement of the sanitation. Also speaking, the Majority Leader of the Rivers State House of Assembly, Hon. Martins Amaehwule, said Dumping of Waste in Public Places (Prohibition) Bill 2020 would stop the dumping of wastes on road median by residents.

The Attorney-General of Rivers State, Professor Zaccheus Adangor, said the two legal instruments signed by the governor would help in the fight against the pandemic. He explained that the Quarantine (Coronavirus (COVID-19) and other infectious diseases) Regulations (No. 2-2020) stipulates non-custodial sentences for offenders. Under the law, individuals would be fined N50,000 while corporate organisations would pay N1 million for violations. He said the regulations direct the Chief Judge of Rivers State to assign a judge or magistrate to try offenders. The Attorney-General said the Executive Order RVSG-02 No. 3 -2020 empowers the state government to set up a task force to implement all legislations related to the fight against coronavirus.

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PAGE EIGHT INSURERS TO REFUND AIRLINES’ PREMIUM OVER FLIGHT CANCELLATIONS which has negatively affected businesses worldwide, also has same effect on insurance business in the country. Speaking on how it affects aircraft hull insurance since flights have been grounded, he said at the end of the year, insurers would effect what is called premium adjustment if the flight did not fly over a period of time. "There is something you call lay off and return premium, which ensures equity for all. You adjust the premium because the risk was minimised but it depends on length of time.

“The hull has been paid for but if it does not fly for 14 or 21 days, there will be lay off and return on the premium for the aircraft hull itself depending on how long you were not flying. “This does not apply to extra covers like personal accident insurance," he explained. He said for extra covers like air travellers' personal accident cover, passengers would suffer the loss as the flight cancellation was caused by state order for safety and not at the behest of the airlines. "The flight cancellations were on safety grounds. The state

was trying to ensure safety. If the flights were delayed, it is a different thing but this one is health hazard. I don't think anyone will pay any claims on that. The first concern of airlines is safety," he stated. THISDAY gathered that some air passengers whose flights had been scheduled before the lockdown have already approached their airlines for insurance claims. Also, the Executive Director FBN Insurance, Mr. Moruf Apampa, while speaking on claims payment arising from the COVID-19 incidents, said

though policy statement that gave cover for life insurance did not specify this, insurers would accommodate claims from casualties from the pandemic. He attributed this to the fact that this was the first time insurers were experiencing such. He was, however, not specific on payment of claims from air passenger travellers’ insurance. THISDAY gathered that most insurance managers are skeptical on payment of claims from the air travellers' insurance, which is fast becoming the industry's cash cow.

According to a source, payment of the claims would determine whether more people would continue to patronise this product or not since most people who buy it did not do so in anticipation of their death through air crash but to protect them in time of flight delays and cancellations. On the general effect of the COVID-19 on aviation insurance business, the immediate past President of Chartered Insurance Institute of Nigeria (CIIN) and Managing Director

of Risk Analyst Insurance Brokers, Mrs. Funmi Babington Ashaye, said: "The coronavirus pandemic has had a significant impact on aviation industry due to travel restrictions, which resulted in reduction in demand among travellers. “Major airlines have either reduced or cancelled their international flights and temporarily laid off staff. Also, manufacturers of aircraft have also reduced their production significantly and deferred several orders placed by airline.”

briefing said the evacuation of Nigerians stranded in countries with high COVID-19 cases would begin next week. He stated that an agreement had been signed with the two airlines contacted to evacuate them.

been contracted to tailors and would be distributed to the people during the week. He urged those with the symptoms of the virus to present themselves for testing, adding that two more isolation centres at Landmark Centre and Gbagada would be opened today. "We have seen increase of infected people from our neighbouring countries. We have a responsibility to take care of them and they are in our isolation centre. The increase in numbers is evidence of our strategy to rip off the virus. “We have seen that people that are suspected to have the virus have declined to present themselves or are going to private hospitals. The isolation centres are not death centres," he said. On the enforcement of face mask, the governor said: "From next week, we are going to be enforcing the wearing of face masks in public places. Over a million have been commissioned to tailors and will be distributed during the week. It is important we do not panic. This pandemic will be over and a sizeable number of our people will get well."

bag of garri, 2 cartons of noodles, 3-5kg of sugar, 1kg bag of salt, and pasta, which basically meets the World Food Programme minimum. And all the items are all heavily branded with CACOVID, to guide against the resale of the materials,” he said. Also speaking, the Chief Executive Officer of Aliko Dangote Foundation (ADF), Mrs. Zouera Youssoufou, said CACOVID was setting up isolation centres in Lagos, Kano, Rivers, Borno and Enugu states as well as the Federal Capital Territory (FCT), while renovations of hospitals and medical supplies were being carried out in other states. According to her, there are currently three testing platforms for molecular testing in Nigeria, noting that the 250,000 testing kits would fast-track the process. “Eight labs in Nigeria are certified to conduct COVID-19 testing; 10 new PCR machines and 150,000 extraction kits have been ordered. The other is Roche Cobus Platform with six machines in Nigeria, each capable of testing 960 tests at a time. Nigeria was on track to receive 38,000 but we have ordered 250,000 and 10,000 tests ordered by UNICEF have arrived on Thursday, April 16. “We also have Cepheid Gene Expert Machines – there are 400 machines installed in the country. Two hundred and fifty are expected to be functional with trained lab technicians. Cepheid has developed a COVID-19 testing cartridge and will begin shipping to Africa in two weeks. We have ordered 250,000 cartridges and expect shipment receipt in two weeks,” Youssoufou stated. Also, Chief Executive Officer, MTN Nigeria, Mr. Ferdi Moolman, urged other private sector organisations, which are yet to identify with CACOVID to do so.

FG APOLOGISES FOR PROTOCOL LAPSES AT ABBA KYARI’S BURIAL 188 patients discharged, while 22 persons dead. The federal government said as part of the renewed efforts to combat the pandemic, it had developed a new action plan to tackle the spread of the virus, adding that it would evacuate Nigerians living abroad by next week. Besides, the federal and state governments, yesterday gave updates in their efforts at combating the virus with Edo and Ondo states announcing the discharge of their index cases, while Lagos State said from next week it would make the wearing of face masks compulsory in the public. Meanwhile, no fewer than eight private hospitals have suspended operations in Lagos for two weeks apparently to allow for the recertification of their facilities after treating COVID-19 patients, in some cases unknowingly. At a press conference yesterday in Abuja, Chairman of the Presidential Task Force on COVID-19 and Secretary to the Government of the Federation (SGF), Mr. Boss Mustapha, and the National Coordinator on COVID- 19, Dr. Sani Aliyu, apologised on behalf of the federal government to Nigerians over the lapses, at Kyari’s burial. Mustapha listed some of the violations, which PTF had regrettably observed to include, failure to follow the guidance provided on mass gatherings, social distancing, personal hygiene and restriction of movements. “PTF recognises, regrettably, the unintentional violation of the principles and protocols that form the core of our messaging to Nigerians at the funeral of the late Chief of Staff. “These principles for emphasis include the guidance provided on mass gatherings; social distancing; personal hygiene and restriction of movements. “Lessons have been learnt and appropriate measures have been taken to close all gaps. We assure all Nigerians of their safety and the determination of PTF to combat the pandemic,” he stated. Mustapha added that the development had renewed the resolve of the task force to remain focused on the response to COVID-19 in honour of the late chief of staff and other deceased patients. On the call that all members of the task force that attended the funeral should self-

quarantine, SGF said: “I want to assure Nigerians that we are responsible people with family members. We have children, spouses and have friends like you. We won’t do anything as a PTF to put you at risk.”

FG Insists Corpses of COVID-19 Victims Not Infectious Aliyu also apologised to the public for the blunders at Kyari’s funeral, which had put the FCT residents at the risk of the contagion. He said lessons had been learnt from the experience. Aliyu said the burial ground had been decontaminated while the protective equipment of one of the undertakers that was dumped at the site had also been decontaminated and discarded according to NCDC guidelines. According to him, contrary to allegations in the social media, Kyari’s corpse was properly prepared for burial according to NCDC guidelines. He doused the fear of the public on COVID-19, saying the World Health Organisation (WHO) guidelines stated that except in cases of a virus arising from fever and cholera, bodies of victims are generally not infectious. “To date, there is no evidence of persons having become infected from exposure to the body of a person who could have died from COVID-19. We will like to assure the public that we will continue to follow the guidelines and protocols we have produced. We will also like to assure the public that the task force takes the presidential mandate seriously and is committed to executing it to the letter. We want the public to continue to hold us accountable for our actions,” Aliyu added.

End of Pandemic Still Far, Says FG Mustapha, however, added that the spread of the virus was far from over in Nigeria, saying the increase in the number of COVID-19 patients was worrisome. He appealed to Nigerians to comply with the lockdown directives, saying the federal government was determined to “flatten the curve.” “Given the increase in the number of confirmed cases in the last week, PTF remains conscious of the fact that we are far from the end of this outbreak in Nigeria. We,

therefore, must focus even more vigorously on our strategy of increasing testing, isolating confirmed cases, following up with contacts of cases and managing confirmed cases to recovery. “The significant increase in the number of cases and distribution across states underscore the importance of remaining focused as citizens and as a nation because of the enormity of the challenges ahead," he said.

FG Develops Draft for New Action Plan At the press conference, Minister of Health, Dr. Osagie Ehanire, unfolded plans by the federal government to develop a new national plan that helps coordinate all efforts targeted at eradicating the pandemic. Also, in view of the rising number of the cases, which has assumed the form of community transmission, he urged states to work towards providing at least 300-bed isolation and treatment centres for patients. The minister explained that his ministry and PTF were currently fine-tuning the draft copy of the action plan. "The worrying increase in the frequency and numbers of new persons infected with COVID-19 is attributable to this new strategy of grassroots testing in conjunction with community transmission. A new national action plan is under development to adjust and address this development," he added.

COVID-19 Cases Rise by 38 to 665, Spreads to Gombe, Abia, Sokoto Meanwhile, the number of cases of the pandemic rose by 38 yesterday to 665, with the scourge spreading to Gombe, Abia and Sokoto states. According to NCDC, “As at 11.10 p.m on April 20, there are 665 confirmed cases of COVID-19 reported in Nigeria. One hundred and eighty-eight were discharged while 22 died. "Out of the 38 cases, Kano State recorded 23; Gombe, five; Kaduna, three; Borno, two; Abia, two; FCT, one; Sokoto, one; and Ekiti, one case."

FG to Begin Evacuation of Nigerians abroad Next Week Minister of Foreign Affairs, Mr. Geoffrey Onyeama, in his

Eight Private Hospitals Suspend Operations after Exposure At least eight hospitals in Lagos State have suspended operations and commenced decontamination following exposure to persons positive for COVID-19. The hospitals said: "The safety of their staff and patients is of paramount importance to them. As such, they are complying with the directive of the Health Facility Monitoring and Accreditation Agency (HEFAMAA) to suspend their services for two weeks." The Lagos State government had, however, said on Monday that two of the hospitals were accredited to treat COVID-19 cases.

Edo, Ondo Discharge Index Cases Edo and Ondo states have discharged their two index cases after they had a full recovery and tested negative for the virus. Edo State Government yesterday in Benin announced the discharge of the seventh person found to be suffering from coronavirus. The Governor, Mr. Godwin Obaseki, in a statement, said the seventh discharged patient was the index case in the state. Ondo State also discharged its index case. The Governor, Mr. Rotimi Akeredolu, in a tweet yesterday, said the patient, an army officer, upon treatment, tested negative for the virus twice and now “completely healed.” Akeredolu said 22 follow-up cases, which had contact with the index case and secondary cases, had also tested negative.

Private Sector Coalition Order for 250,000 Testing Kits

Lagos State Government has said that beginning from next week, residents must wear face masks in public places. The Governor, Mr. Babajide Sanwo-Olu, told reporters at a news conference yesterday in Lagos that one million locally-made face masks had

The private sector-led Coalition Against COVID-19 (CACOVID) would distribute food palliatives to about 1.7 million households in Nigeria, just as it has placed orders for 250,000 testing kits and 150,000 extraction kits to fast-track molecular testing for the virus. Group Managing Director of Access Bank Plc and one of the initiators and leaders of CACOVID, Mr. Herbert Wigwe, told reporters yesterday in Lagos that the reality of the situation at hand calls for collective efforts in dealing with the scourge. According to him, strategies and modalities have been put in place to get the relief materials to the targeted households and it would be done from the bottom of the pyramid. He explained that representatives and CACOVID partners have been appointed in all the 774 local government areas of the country to ensure that the items get to the targeted families. “The food is all packaged as we are rolling out, for each family, 10kg bag of rice, 5kg

Peter Ogide-Oke; Ambassador Bagudu Hirse; Ambassador Uzo Nwobu; Ambassador Haruna Wando; Ambassador Iliyasu Audu Paragalda from Turkey, as well as Hon. Kaka Bolori, Senator Andy Uba and Senator Saidu Kumo. It also said the president received messages from Dr. Kabir Usman Kabo; the DirectorGeneral, International Centre for

Islamic Culture and Education, Alhaji Dahiru Mangal; Chairman, Max Airliners, Alhaji Abdulmunaf Yunusa Sarina; President and Chief Executive Officer of Azman Air, Alhaji Bashir Dalhatu; the Executive Secretary of the Great Green Wall, Dr. Bukar Hassan; as well as the Secretariat of the Surveyors Registration Council of Nigeria.

Lagos Makes Face Mask Compulsory in Public Places

BUHARI THANKS NIGERIANS FOR CONDOLENCE MESSAGES condolence, adherence to the Nigeria Centre for Disease Control (NCDC) guidelines to prevent the spread of COVID-19 pandemic, including maintaining social distancing and staying at home, even as they mourned the deceased. “By heeding the calls to avoid large gatherings, you are playing a part in the effort to defeat the COVID-19 pandemic,” he

quoted the president. The statement listed those who lately sent condolence messages or made phone calls as the Executive Secretariat of the Sahel-Saharan States (CENSAD) and its Executive Secretary, Ambassador Ibrahim Sani Abani; the Head of Service of the Federation, Dr. Folashade Yemi-Esan; the Emir of Bauchi, Dr. Rilwan Sulaiman

Adamu; two former ministers, Professor Bolaji Akinyemi and Brigadier-General Mansur Dan Ali (rtd); and an All Progressives Congress leader, Chief Yohanna Dyalop, from Plateau State. It added that similar messages were received from Ambassador Baba Ahmed Jidda from Beijing, China; His Highness, Ambassador

Continued on page 10

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TUESDAY APRIL 21, 2020 ˾ T H I S D AY

NEWS

Kyari’s Demise, a Big Loss to Fill, Says Ex-minister Gbagi Former Minister of State for Education, Mr. Kenneth Gbagi, has described the death of the Chief of Staff to the President, Mallam Abba Kyari as a big loss to Nigeria

and the President Muhammadu Buhari’s administration. Gbagi commiserated with the president, Abba Kyari’s family and members of the Federal

Kashamu: Ogun PDP Chairman Not Interested in Genuine Reconciliation Peter Uzoho The Peoples Democratic Party (PDP) candidate in the 2019 governorship election in Ogun State, Senator Buruji Kashamu, has said the party’s suspended Chairman, Chief Adebayo Dayo, is not interested in reconciling members of the party but in feathering his own nest. Kashamu said this in a statement he issued in Lagos. The former lawmaker, who was reacting to a statement credited to the suspended party chairman, said: “Contrary to his claim and pretence to be facilitating reconciliation, Dayo was only after what he could grab before leaving office. That is the only reason he betrayed the Ogun State PDP structure and its leadership by selling 70 per cent of the party structure to Hon. Ladi Adebutu and 30 per cent to himself.” Kashamu said while reconciliation is important to return the party in Ogun State to its winning ways, it is only the national body of the party that can broker it. According to him, “I have never opposed any reconciliatory move because I know a tree does not make a forest. But, having shown his hands, Dayo cannot preside over any reconciliatory move. He cannot even be part of it because he does not have the

integrity to do so. Rather, it should be championed by those who have the trust and confidence of the two main tendencies. The national leadership of the party is in a better position to call everyone, hear from them and resolve the issues in order for the party to move forward in the state. “As a matter of fact, when Chief Dayo, Chief R.A Adenaike, Dr. Remilekun Bakare, Chief Kola Sorinola and the acting PDP Chairman in Ogun State, Hon. Samson Bamgbose, came to meet me on the need for reconciliation, I told them that it was a good idea so long they carry key stakeholders along after the congresses. I also told them that it was imperative for other people to publicly repudiate the three-year agreement that they had with the Allied Peoples Movement (APM). But, Dayo chose to sidestep everyone and went behind to betray structure and purportedly sold it. This is nothing but a scam! “There was no genuine reconciliation in his moves. Reconciliation is a process. Parties have to meet, discuss and agree on the modalities and terms of settlement. There was no way he would think that just because he was the state chairman, he could decide for all the leaders, elders and stakeholders.”

Executive Council. The former minister noted that Kyari leveraged on his vast experience in service to the country and humanity. “The death of Kyari came as a shock not only to me, but everyone who knew this fine gentleman as

one with firm character. “I became acquainted with Kyari as the Managing Director of Geekos Security Nigerian Limited, while he was the Managing Director of UBA Plc. “His passing at a time like this has dealt a severe blow to the

nation and the administration of President Buhari. “He was a key player within the administration who was renowned for his unwavering commitment to the Nigerian project. “Kyari was indeed a man of solid principles who demonstrated

same by his staunch loyalty to the President and his party, the All Progressives Congress (APC). “He has left behind a vacuum that would be difficult to fill. I pray that Allah will comfort his family and grant his Soul Aljannah Firdaus,” Gbagi said.

PROVIDING SUCCOUR TO THE NEEDY…

The Alapomu of Apomuland, Oba Kayode Adenekan Afolabi, distributing food materials to indigenes of Apomu, headquarters of Isokan Local Government Area in Osun State…recently

Jigawa, Katsina to Receive 1,095 Evacuated Almajiris from Kano Ibrahim Shuaibu in Kano As part of the efforts to ensure sustained implementation of its Free and Compulsory Basic Primary and Secondary Education, Kano State Government has moved to decongest Almajiri schools, as arrangements have been finalised for the official evacuation of Almajiri pupils to their respective states/local

government areas for onward reunion with their families. Already, preparations have been concluded for the handing over of 432 Almajiris to the Katsina state government scheduled to take place today (Tuesday) at the Kano/Katsina border. A press statement signed by the Kano State Commissioner for Information, Malam Muhammad Garba and made available to

THISDAY yesterday, indicated that the measure is taken considering that since the closure of all primary and secondary schools three weeks ago, the Almajiri seminaries remain congested with pupils who have no shelter and nowhere to go. He said the measure, which was also adopted after due consultation, is in line with its proactive measures to control the spread of the deadly virus

in the state. The commissioner pointed out that the state government is in contact with other states to see the successful evacuation of the Almajiri to their states of origin. The states include: Katsina, 432; Yobe, 63; Kaduna 198; Jigawa, 663; Bauchi, 101; Zamfara, 01; Gombe, 09; Nassarawa, 10; Kano State, 117 and Niger Republic, 01.

Shawcor Pipeline Products International BV, has appointed Field Joint Coating Limited (FJCL) as its sole distributor in the Nigeria. Shawcor is a world’s leading integrated energy services company working in a variety of industries, including oil and gas, petrochemical, industrial, electrical, electronic, automotive and communications. The company helps keep construction projects and operations running smoothly and to specification through

In response to demand for premium quality products and services in the Nigerian Pipeline technology markets, FJCL and CANUSA-CPS pipe coating solutions will be supplied from FJCL operational Base located at KM2, Eleme ONNE Road, Port Harcourt, Nigeria. These coating solutions include CANUSA-CPS Visco-Elastic technologies, CANUSA-CPS Liquid Epoxy Coatings, CANUSACPS Mechanical Protection Systems and CANUSA-CPS

Pipeline Products International BV is demonstrating its commitment to the Nigerian Pipeline market made official by its partnership with FJCL. For CANUSA-CPS this new partnership in Nigeria is not entered into lightly. There is great optimism in the domestic Nigerian market and FJCL have demonstrated their commitment and professionalism to the markets and customers they serve. Both parties believe in mutual support and growth

Nigerian company with proven competence and performance in offshore and Onshore pipeline coating application services and products. Their services extend to NNPC, IOCs and EPC Companies. In appreciation to Shawcor for finalising the partnership deal, FJCL Manager for Business Development, Ngo Dennis Awulabah, stated her assurance to the oil and gas industry that FJCL is committed to providing world standard pipeline Field Joint Coating application solutions.

Christian Group Tackles Ganduje over Alleged Forceful Shawcor Appoints FJCL Sole Distributor in Nigeria together. leading provider of proprietary, technology-based Heat Shrink Sleeves. Conversion of Christian Girls World’s Field Joint Coating Limited is a With this appointment, Shawcor advanced pipeline coating systems, products, services and solutions. Chuks Okocha in Abuja The Christian Rights Agenda (CRA) has condemned the forceful conversion of some Christian girls from Christianity to Islam by Kano State Governor, Abdullahi Umar Ganduje, describing the act as provocative. The CRA in a statement issued by its interim Director of Publicity, Tom Chiamen, noted with concern that since becoming governor in 2015, Ganduje has made it a state policy to embark on mass conversion of indigenous Hausa Christians using money and coercion every Friday. According to the statement made available to journalists, “The indigenous Hausa Christians in the state have been subjugated under Ganduje’s administration, and are denied their rights and privileges as citizens. “A clear example is the denial of scholarships to Christian students studying in tertiary institutions in and outside Kano State.” The group alleged that many Hausa Christians have also been denied employment opportunities and live in perpetual fear as

second class citizens in the state. It stated that despite clear improvement in infrastructure in the state, Christian dominated parts of Kano metropolis are still in their pre-1999 ruinous conditions. The group further said: “But expending state resources for jihad-inspired conversion of Christian minors by force, tricks, intimidation, threats and all kinds of backward means is the most annoying insult indigenous Christians of Kano State are forced to live with underGanduje.” CRAstatedthatthelameexplanation by the governor that the teenage girls in question are pagans and not Christians is not tenable “because pagans don’t bear Biblical names such as Rebecca. “So we demand that these girls and many others be returned to their parents with immediate effect or we will be left with no other option than to take legal action against the state government in addition to reporting him to the international community, including the International Criminal Court (ICC), United Nations Commission on Human Rights, the governments of the United States of America, Britain and the European Union.

JAMB Releases 2019 Provisional Admission List The Joint Admissions and Matriculation Board (JAMB) has published the 2019 provisional matriculation list of admitted candidates on the official website of the board. The board disclosed this in its weekly bulletin made available to the News Agency of Nigeria (NAN) in Abuja. The board also advised candidates who were yet to accept their offers of admission on the Central Admissions Processing System (CAPS) to do so or risk

forfeiting the admission. According to the board, the list of fully-admitted candidates in all the tertiary institutions in the country is hereby published on the JAMB Website. “For ease of checking, candidates can visit: www.jamb. org.gov., proceed to menu titled ‘STUDENTS+’, select the submenu ‘CHECK MATRICULATION LIST 2019’ option and search for their names by entering their 10-digit JAMB Registration Number. “There is a large number of

candidates who have been offered Provisional Admission but are yet to accept the admission. “A list containing their names is also on display on the board’s website and such candidates are to immediately accept such offers by using the CAPS Mobile App downloaded from the Google Play Store. “With the App successfully installed and accessed on their devices, candidates do not need to visit any CBT centre or cybercafe as doing so would be a violation of

the work-from-home/stay-at home order in place in most parts of the country.” JAMB, however, said that candidates should note that failure to accept such offers of admission on the CAPS platform would result in the forfeiture of such admissions. “Candidates are also to note that acceptance of admission on any website other than CAPS is not a valid acceptance as any admission not processed and accepted through CAPS is not known to JAMB.

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TUESDAY APRIL 21, 2020 ˾ T H I S D AY

COVID -19 UPDATE...

COVID -19 UPDATE...

I’m Getting Better in Isolation, Says El-Rufai Kaduna State Governor, Mallam Nasir Ahmad el-Rufai, has denied social media rumour that he had been moved to an Intensive Care Unit (ICU) over his COVID-19 status.

The governor, in a series of tweets, said he is getting better, saying he is not in an ICU as being speculated. El-Rufai said he took two hours out of his isolation to attend

Osun Monarch Distributes Relief Materials The Alapomu of Apomu in Osun State, Oba Kayode Adenekan Afolabi, has kick-started the distribution of food materials in Apomu, headquarters of Isokan Local Government Area in the state. The relief packages were donated by Alapomu and concerned indigenes of Apomuland. The donations are meant to provide succour for the needy and vulnerable people as a result of COVID-19 pandemic. Alapomu said the initiative is also to support the efforts of Governor Gboyega Oyetola in providing assistance to the poor and needy in the various communities in view of the pandemic. “Government alone cannot provide for everyone without support from individuals

and groups,” he said Apomu COVID-19 Relief Fund Project was initiated by Alapomu and a committee was set up with Professor Sina Oladokun as Chairman and Professor Lateef Agbaje as the Secretary. Mr. Waheed Oladejo is in charge of Field Operations. The committee also supervised the packaging of the food materials which include rice, beans, garri, vegetable oil, and loaves of bread. All the food items were sourced from Apomu to boost local economy. Alapomu expressed his appreciation to Asiwaju of Apomuland, members of the committee and those illustrious sons and daughters of Apomuland who contributed to make the project a success.

Jack Ma Donates 500,000 Test Kits, Gloves to Nigeria, Others The founder of Alibaba Group, Jack Ma, yesterday announced the donation of more medical equipment to Africa in the fight against the COVID-19 pandemic. The Chinese billionaire made the announcement on his verified Twitter handle. Ma twitted: “Our 3rd donation to Africa will immediately be made to @_africanunion and @AfricaCDC. “This includes 4.6 million masks, 500,000 swabs and test kits, 300 ventilators, 200,000 clothing sets, 200,000 face shields, 2,000 thermal guns, 100 body temperature scanners and 500,000 pairs of gloves.”

The News Agency of Nigeria (NAN) reports that Ma, through his foundation, had earlier made his first set of donation to the 54 African countries. He donated 20,000 test kits, 100,000 masks and 1,000 medical use protective suits and face shields. Ma also announced his second set of donation to the continent on April 6 which included 500 ventilators, 200 thousand suits and face shields, two thousand thermometers. Others are one million swabs and extraction kits and 500,000 gloves.

FG Donates 6,000 Bags of Rice to Four South-west States The federal government yesterday donated 6,000 bags of rice to Oyo, Osun, Ekiti and Ondo states as palliatives against the impact of the COVID-19 pandemic on the people. The Area Controller, Oyo and Osun Command, Mrs. Helen Ngozi, delivered the 6,000 bags of rice on behalf of the Nigeria Customs Service, to the representatives of the four states at the service’s zonal headquarters in Ibadan. Ngozi said the gesture was in fulfillment of the promise by the management of the customs to send palliatives to states to cushion the effects of the COVID-19 pandemic on the people. “Each of the four states with the exception of Ondo will receive 1,800 bags of parboiled rice, while Ondo will get 600 bags.’’ She said Ondo state would

get the remaining shortfall of 1,200 bags from Lagos office of the customs. She said all the 6,000 bags of rice were good for consumption, saying the customs would never mix expired rice with good ones. The News Agency of Nigeria (NAN) reported that the state coordinator, Oyo State Operation Coordinating Unit (SOCU), Mrs. Olaide Lasisi, received the bags of rice for onward handling over to representatives of the four states. SOCU is the coordinating arm of the World Bank assisted Youth Employment and Social Support Operation (YESSO). Lasisi said the rice donation by the Federal Government was to assist the beneficiary states in their respective efforts to give palliatives to Nigerians in view of the COVID 19 pandemic.

the daily virtual meeting on COVID-19. “Earlier today, I took some hours out of isolation to attend the daily virtual meeting of State Standing Committee on Covid-19, chaired by Deputy Governor @ DrHadiza Balarabe.

“Since there is some fake news circulating that I am in an ICU in a Lagos Hospital, a nice ICU picture will help debunk the evil news!” “For the avoidance of any doubt, I have been isolated for the past 24 days in a wing

of the Government House, Kaduna undergoing treatment for coronavirus from doctors of the State Ministry of Health. “As the pictures show, I have not shaved since I went into isolation so that I will have a new Covid-19 look to remember

when this pandemic passes, as it surely will by the Grace of God. “I appreciate these dedicated public servants as well as all those that called or sent messages expressing concern and sympathy but I am fine and getting better every passing day. Alhamdulillah.”

CUSHIONING EFFECTS OF LOCKDOWN…

L-R: Permanent Secretary, Oyo State Ministry of Agriculture and Rural Development, Mrs. Bola Oloko; state Commissioner for Agriculture and Rural Development, Mr. Muyiwa Ojekunle; Area Comptroller, Nigeria Customs Service, Oyo/Osun Command, Mrs. Hellen Ngozi; and Executive Adviser to Oyo State Governor on Agric Business, Dr. Debo Akande, during the donation of 1,800 bags of rice to Oyo State Government by Nigeria Customs Service in Ibadan…yesterday

FG APOLOGISES FOR PROTOCOL LAPSES AT ABBA KYARI’S BURIAL No Approved Vaccine Yet in Nigeria, Says WHO WHO has said that there is no approved vaccine in Nigeria or any part of Africa for COVID-19 as researches are still ongoing on developing a vaccine to cure the virus. WHO Immunisation Team Lead, Dr. Fiona Braka, spoke with the News Agency of Nigeria (NAN) on the efforts of the world body on the reported vaccines for the deadly virus. Braka said COVID-19, being a new disease, has no ready vaccines, adding that public safety was the key consideration of WHO campaign for now. “COVID-19 is a new disease, and as such, there are no ready vaccines available to be deployed for the control of the pandemic. “However, a lot of research and scientific works are ongoing to develop vaccines, but these usually take time to ensure that it is safe for use in the wider population and also effective for control of the pandemic. “Public safety is a key consideration in this process,” he said. He dismissed claims of vaccines developed for the COVID-19 as WHO is not aware of it. Another Survivor Recounts Experience The Managing Director of Afriq

Products Limited, Mrs. Eyamba Dafinone, yesterday called for a database of symptoms on the virus so as to enable Nigerians to recognise the virus and know the steps they ought to take in taking care of themselves. Dafinone, a survivor of the virus, was a guest on Arise News Channel, the broadcast arm of THISDAY Newspapers. While narrating her experience, she said: “I travelled recently to England for a couple of weeks and while I was there, there was no talk about Coronavirus there. During my stay, I did the normal things and I also went to a theatre show and thereafter a friend of mine died and I had to go for the wake and while I was there, somebody sneezed and I panicked and a couple of days later, the UK Prime Minister, Boris Johnson started talking about the virus and its implications and I then realised that since I have been out, I might have been exposed.” She said she decided to talk to her husband about it and coming home to self-isolate in a different compound because his mother is over 80 years old and his siblings are asthmatic. “I just thought it was the best thing to do. He asked me if I have Coronavirus, but I said I wasn’t sure because I haven’t been tested. I had to make arrangements in a different compound and from the airport, I went directly there. He did say why don’t you stay

in England and I said rather than be on NHS statistics, I will rather come home where they could deal with the disease. “When I got to Lagos, I arrived on Saturday on Virgin Atlantic on March 21 and moved to Victoria Island and I was there on my own and during my stay there till Monday which was my birthday. “I had a self-isolation party and I got a lot of cakes, flowers and a lot of presents and the next day, I started having pains and I thought maybe I wasn’t used to the mattress. The next day, I started having a running tummy and people said maybe I must have eaten too many cakes since it was my birthday. The next thing, I developed a temperature. So every symptom that happened, there was an excuse for it. And then I started sweating and my friends thought it was menopause.” She said she had a fever which wasn’t going and she began to shiver. “I was sweating and it was dropping on the floor and I told myself that this wasn’t normal and subsequently, I was exhausted and tired; and I felt it was time to call a doctor because I didn’t understand what was going on. I wasn’t coughing or breathless and when I called the doctor, they monitored me on the phone and they were looking at me and now gave me an oximeter to monitor my oxygen levels. They also decided that it was best to

have a blood pressure machine to monitor my vitals which we did for a couple of days,” she added. Dafinone explained that her condition got worse by the day, adding that her doctors advised her to get tested, especially when they asked her if she could perceive any smell with her nose. “The testing process wasn’t easy, we had to make several calls to commissioners, permanent secretaries and other government officials before we finally got them to agree. I got a phone call and two doctors came to test me at home and I waited for my result. The next day I called them because I was feeling very bad. I told them I needed to be with a doctor, result or no result and I can’t go to a private clinic that I will rather go to a place where they have doctors. My husband had come and he had been worried and the doctors had been waiting to pick me up. So, we went to the Infectious Disease Hospital (IDH), Yaba. When we got there, I was taken to a tent where I met two other patients. She said she was taken to the main ward, which was a room for six people, but already had four other patients. “I was with people and there was a lot of love and support and inter-shared stories as to what might have happened to them. Everybody’s symptoms were totally different and my stay there was good,” Dafinone stated.

Alleged Missing N19.63bn, Uzodinma’s Ploy to Loot, Says Imo PDP Peter Uzoho The Imo State chapter of the People’s Democratic Party (PDP) has lambasted the state Governor, Senator Hope Uzodinma, for declaring that N19.63 billion was missing from the Joint Account Allocation Committee (JAAC) of

the 27 Local Governments Areas of the state under the watch of the immediate-past administration of Hon. Emeka Ihediora. The Imo PDP said that Uzodinma’s mischievous allegation of missing billions might be a deliberate scheme for his administration to loot

the resources of the state. The Imo main opposition party in a statement yesterday signed by its Secretary, Mr. Ray Emeana, taunted the governor as being in a desperate search for legitimacy that had evidently eluded him. “Evidently looking for the legitimacy that has eluded him

since he stole the mandate given the Peoples Democratic Party (PDP), Senator Hope Uzodinma and his henchmen now believe the best way to go is to spread falsehood against his predecessor, Hon Emeka Ihedioha, and the seven-month administration that many still remember with some nostalgia.

TUESDAY APRIL 21, 2020 • T H I S D AY

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T H I S D AY ˾ TUESDAY APRIL 21, 2020

12

POLITICS

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

Interrogating Frequent Fire Incidents at Key Government Agencies Chuks Okocha writes that recurring inferno in the offices of strategic Federal Government agencies have become unsettling and ignited public outrage

Boss Mustapha

S

ince March 25, 2020 when President Mohammadu Buhari authorised the lockdown of Lagos and Ogun states, as well as the Federal Capital Territory, mysterious infernos have engulfed three prominent government agencies. In quick succession, fire have gutted the Treasury Building, the Corporate Affairs Commission (CAC) and the latest is the Independent National Electoral Commission (INEC). One interesting mystery of these fire is their sequence. They occured almost at one week interval. Nigerians were shocked to know that days after the CAC and the Treasury House in Abuja were gutted by fire, a section of the Independent National Electoral Commission (INEC) headquarters in Maitama-Abuja, was gutted by fire. This was one fire too much. The inferno at INEC brought public outcry. The commission’s officials have debunked insinuations that no sensitive electoral materials were destroyed during the inferno. The main place affected by the fire was the Media Centre of the commission and the Election and Party Monitoring (EPM) office, according to them. It was gathered that the fire did not do much danger before it was put under control by men of the Federal Capital Territory Fire Service. The fire started around 11 am in the morning. The fire incident was confirmed by INEC National Commissioner and Chairman of its Information and Voter Education Committee, Festus Okoye and the Director, Voter Education and Publicity, Oluwole Uzzi. The INEC Director said that only parts of the Election Party Monitoring (EPM) was affected as men of the Fire Service on ground were able to put the fire under control. He said that INEC had in a circular directed all its offices to be on alert and vigilant against fire outbreak. At the scene of the incident burnt leftover of files, furnture and air conditioner units littered the ground every where. The four storey building housing the offices of the INEC chairman, national commissioners and some directors was not affected by the fire. INEC National Commissioner, Festus Okoye in a statement confirming the fire incident at the commission’s office, said, “At 11.30 am today. 17, April 2020, a

INEC Chairman, Yakubu

fire outbreak occurred at a section of the building housing the Election and Party Monitoring Depanment and the Media Centre. “The building is an annex, detached from the main building of the Independent National Electoral Commission‘s headquarters. “Fire fighters attached to the Commission swiftly responded to contain the inferno and they were later joined by their colleagues from the Federal Fire Service headquarters in the Federal Capital Territory (FCF). The fire was extinguished within a short period of time and did not cause any substantial damage to the building. “Apart from some furniture and equipment, nothing sensitive was destroyed. Reports of party primaries and conventions are intact. The campaign fmance database is also not affected. The incident will therefore not affect the administrative or technical operations of the Commission in any way. Meanwhile, investigation into the cause(s) of the the incident has commenced”. Before the fire at INEC, on April 8, there was a fire had engulfed the Treasury House, which is the headquarters of the Office of the Accountant-General of the Federation.The cause of the fire, which started about 10 am, is yet to be known. It was gathered that as soon as the incident started, men of the Federal Fire Service were alerted to assist in putting out the fire. They were later joined by officials of

Kola Ologbodiyan

the National Emergency Management Agency, the Nigeria Police and the Abuja Environmental Protection Board. The FCT Police Commissioner, Bala Ciroma, who briefed newsmen at the scene of the incident, said an investigation into the cause of the fire had commenced. He advised motorists to use alternative routes into the area, noting that the Ladoke Akintola Boulevard location of the Treasury House would be cordoned off during the investigation into the cause of the fire. Ciroma, who disclosed that parts of the building had been damaged by the incident, said the fire was successfully put out without casualties. The Senate Committee chairman on Finance, Senator Solomon Olamilekan confirmed that no sensitive document was destroyed during the fire outbreak Exactly one week after the headquarters of the Office of the Accountant-General of the Federation was gutted by fire, there was another fire incident at the headquarters of the Corporate Affairs Commission. The fire, according to sources, occurred on Wednesday morning at the six-storey building located in Maitama, Abuja. The building is located on the same street that houses other top government offices like the National Youth Service Corps, the Nigeria Incentives Risk-Based Sharing for Agricultural Lending and the Nigeria Export Promotion Commission among others. The Registrar-General of the CAC, Alhaji Garba Abubakar, confirmed the

The PDP, therefore, restated its demand for a forensic investigation into the fire outbreaks in the Office of the Accountant General of the Federation, the CAC and INEC, as the spate of occurrence has become alarming. Furthermore, the party strongly charged the Federal Government to immediately ensure necessary precautionary and security measures to safeguard all Ministries, Departments and Agencies (MDAs) to avert future ugly incidences

fire incident, but said that there was no loss of document or lives during the fire outbreak. Abubakar said that as soon as the fire was noticed, men of the Federal Fire Service were quickly mobilised to put it out. He said, “There was a minor fire incident at the CAC which was quickly extinguished by the men of the fire service. Due to the frequency of these fire outbreaks that the main opposition political party in the country, the Peoples Democratic Party (PDP) called for a probe. PDP said that it was alarmed over the recent spate of fire outbreaks at key Federal Government agencies and departments, particularly in Abuja, the nation’s capital. The party expressed shock over the disquieting fire disaster at the head office of the Independent National Electoral Commission (INEC) in Abuja, in which valuable equipment and documents related to electoral and political party monitoring were destroyed. The PDP in a statement by the National Publicity Secretary, Kola Ologbondiyan described the situation as unsettling, recalling that, the head quarters of the Office of the Accountant General of the Federation in Abuja was gutted by fire, followed by another inferno at the head office of the Corporate Affairs Commission (CAC). The statement averred, “Our party is deeply worried and hopes that this spate of fire outbreaks is not a coordinated design by sinister elements against demands for due process and accountability in our country, as already being insinuated in the public space.” The PDP, therefore, restated its demand for a forensic investigation into the fire outbreaks in the Office of the Accountant General of the Federation, the CAC and INEC, as the spate of occurrence has become alarming. Furthermore, the party strongly charged the Federal Government to immediately ensure necessary precautionary and security measures to safeguard all Ministries, Departments and Agencies (MDAs) to avert future ugly incidences. The PDP noted that the nation can no longer afford any more fire incident in her key institutions as such will be distressing to the polity, which is already under pressure occasioned by dwindling economy and the impact of the COVID-19 pandemic.

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TUESDAY, ÍşÍšËœ ͺ͸ͺ͸ Ëž T H I S D AY

TRIBUTE

How are the Mighty Fallen Femi Fani-Kayode

He was obviously very upset by my generous and charitable words about a man who he perceived as being pure evil and who he believed ought to have been categorised as an enemy of humanity and the tormentor-in chief of the Nigerian people. He wrote, "When Boko Haram members were killing men and children in thousands, raping women in large proportions; killing and shooting Biafra citizens, Shiites members and those who oppose his government, did Abba Kyari speak up? Did he call for the service chiefs to resign? Did he visit those who died? When Buhari deliberately and intentionally borrowed predatory loans from the Foreign nations to further plunge Nigerian into insurmountable debts? Did Abba speak up? How about the billions of Naira that were allocated to upgrade Aso Rock Clinic that went Missing, did he speak up? When Buhari failed to address the Nation every month for years, Did Abba speak up? Did he ever speak up when the nation was financially pillaged by these evil government officials? Do you know how many thousands of Nigerians are dying every month due to the wicked and heartless intentions of these beasts and Frankenstein monsters? Even, if he did not speak up, did he resign? Truth to be told whatever a man sows he shall reap".

Insults mean nothing to me. They only fuel my resolve and strengthen my determination. They are like water off a duck's back and neither can they deter me from speaking my mind on any pressing or burning issue no matter how unpopular my position may be. Those that do not have the presence of mind or the discipline to read beyond three lines or that are so filled with hate and blighted by ignorance that it has beclouded their better judgement should not bother attempting to read this contribution. For those that are interested in knowing the truth and in actually learning something about a man that was as maligned, misrepresented and misunderstood as I have been over the years should please go ahead and do me the honor of reading it. Whichever way it takes absolutely nothing from me. Yesterday I paid tribute to my friend and brother Mallam Abba Kyari, the former Chief of Staff to President Muhammadu Buhari, who passed on after being diagnosed with COVID-19 on Friday, 17th April 2020. The tweet reads as follows: "I lost a friend of 40 years. We were at Cambridge together. We worked in my fathers law firm together. We remained close throughout right up until the end even though we disagreed politically. ABBA was a good man. A man of honor and a loyal friend. May his soul rest in peace." Sadly it appears that some have a problem with my tribute and have lost all sense of decency and humanity. Someone DIED and you are now suggesting that it is wrong for those of us that knew him better than you to say a good word about him? This is an accomplished man who was a lawyer, a banker, a journalist, a businessman and a loyal friend to many years before he even joined government in 2015. This is a man with children, a wife, an extended family and many dependants that he left behind. This is a man that has been a blessing to his community and that has been housing, feeding and paying for the education of thousands of students at Maiduguri University and offering scholarships to so many young people since 2001. All this yet you say that those of us that knew him must not mourn him. Some even went as far as to ask how dare I say he was a "good man" forgetting that if he had been anything less I would have been the first to expose and attack him. I forgive those that have attacked me for their ignorance and I stand by my words. If they do not like those words they can simply go and jump in the lagoon. They like me when I attack government but they hate me when I say one good thing about a government official who I have known for over forty years? What a joke! Yet the truth is that I do not care one way or the other and neither do I seek anyone's approval or validation. I will attack anyone that I believe has done wrong, whether in the ranks of the Government or the opposition, and I will commend those that I believe have done their best in either of the two. The truth is that when it comes to the gathering of information and acquisition of knowledge and what is really going on behind closed doors in this country I know far more than virtually all of my traducers because I have access to people and places that most of them can only dream about. Yet even if I didn't, common decency alone should constrain them to at least let those of us that have a certain degree of decency and humanity left in our persona to express our condolences in peace and not choose our words for us or be subjected to vulgar abuse, intolerable rantings and long and uncontrollable diatribes from a clearly diseased mind. To you I say the following. If you don't like my views about Kyari you can simply go to hell. I do not give a fig. I would however advise you to fear God and know that even He does not take pleasure in the death of those He created and only He can judge each and every one of us. Yet for the record let us look at a few of the facts. A former Head of State would have been put under house arrest in 2018, a former Chief of Army Staff and Minister of Defence would have been arrested in 2018, a former National Security Adviser and a well known online publisher would have still been in detention today and many MORE people would have been detained and killed had it not been for the efforts and moderating influence of this man whose untimely death some irresponsible people are celebrating today.

My response to him was as follows:

Kyari I know all this and about each case because I was involved. Once that man gave his word on any issue he always honored it to the point that even the reactionaries and hardliners in the government he served wanted to discredit him, implicate him, get rid of him and even kill him. Let me give you two examples. He promised the Governors of the East that he would get adequate funding for Enugu Airport and he did. He also promised to ensure that good progress would be made on the second Niger bridge and it was. I can tell you that had it not been for his efforts and the efforts of particularly Governor Umahi of Ebonyi and the Governor Ugwuanyi of Enugu it would have been next to impossible to get adequate funding for the two. I can also tell you that when the police, with elements of the military, attacked and killed IPOB youths and literally burnt down half of Orifite in Anambra state, the hometown of my friend and IPOB lawyer, Mr. Ifeanyi Ejiofor, Abba, in collaboration with Umahi and Ugwuanyi, was instrumental in putting a stop to it. I know because I was involved and I asked them all to intervene. On that occasion they saved lives and I can bear witness to that. So can Ejiofor. There is so much more that I could add but I will go no further for now because it was not Abba's desire or intention to be praised or publicly acknowledged for his good deeds. He neither craved public validation or acclaim. People forget that the buck for the things the federal government does not stop at the desk of the President's Chief of Staff but at the desk of the President. He takes full credit for the good things and he must also take the full blame for the bad. Abba was merely an official albeit a very senior and influential one: he was not the leader of the cabal or the de facto President that many claimed that he was. Despite that he was quite happy to be labelled as this government's "Dark Angel" and "fall guy," even though both tags were totally inaccurate and inappropriate. He was also quite prepared to take the blame for every evil under the sun simply because he was deeply loyal to the President. Never mind that much of the time he was fighting off those in the government who hated his guts and who saw him as a stumbling block to gaining unmerited favour with the President or to their thieving ways. I know every single one of them and at the appropriate time I will expose them for what they are. Abba was far better than them: far more wholesome and far more decent. He was a gentleman who though, in my view, was on the wrong side of the political divide, remained a gentleman nevertheless. I found it inexplicable and difficult to accept that a man that was as sophisticated, cosmopolitan, enlightened and intelligent as ABBA was could work for a government and be Chief of Staff in a Presidency that was the

most sectional and religiously biased in the history of Nigeria and I often told him this. We had many heated discussions and lively debates on this and other issues. His defence was that he believed in Buhari and that he chose to be loyal to him and I respected that. He often reminded me of the days in which I was at the Villa when I stood by President Olusegun Obasanjo no matter what. He said that even though he was with Buhari throughout that time and was opposed to Obasanjo we still remained friends and that we ought to remain friends now that the tables had turned and that he and his principal were in power. This was sound logic and it made sense. Only a fool does not appreciate the fact that true friendship transcends politics and that you take your friends warts and all even when, in your view, they may have made the wrong political choices. He felt I that I made the wrong choice and chose the wrong path just as I felt that he did but we never for one moment felt that our friendship should or would end because of that. After all we were not just friends but we were brothers. I have been in the frontline of the opposition and resistance since 2015 and no-one has fought or risked as much against this government as I have done. I have been detained, maligned, insulted, subjected to psychological torture, misrepresented, falsely and wrongly accused, financially crippled and worse of all I have lost some members of my family and friends because of them. They have taken literally everything from me and have destroyed the country that I have always loved and seen as my own. All of this I have suffered without ever complaining or lamenting leaving my fate and that of my family and loved ones to God. I have nothing to gain and no reason to sugarcoat anyone in the Buhari administration but let me tell you loudly and clearly that now that the man you all loved to hate and malign has gone you will see the true meaning of tyranny and a totalitarian government because we will no longer have a moderate to run to when innocent men and women are being incarcerated, killed or tormented. We will no longer have anyone to complain to about the excesses and sheer brutality of some of the security and intelligence officials. We will no longer have someone to run to when terrible things are being done that even the President is not aware of. Continue to celebrate his death because you are ignorant and uninformed. When the real monster arrives and rises up that is when your eyes will clear and you will wish that the one you hate was still alive and in power. Permit me to conclude this contribution with the following. Canelo Gypsy King, one of my numerous young friends on Facebook wrote the following to me after watching my interview on AIT about ABBA.

"If only you knew how many lives he saved. If only you knew how he at least attempted to build bridges between Christians and Muslims and between northerners and southerners behind closed doors. If only you knew how hard he fought to ensure that the war against terror was properly waged. If only you knew the forces that opposed his moderate stand from within. If only you knew how much he was hated by some very key members of the Buhari administration who envied him and who felt that had it not been for him they could have pillaged the treasury far more than they were already doing and created even more enemies for the President than he already had. If only you knew that most of the rubbish being written in the media about him was being sponsored and spread to a gullible public by key members of the Buhari administration who were trying to discredit him and get the Presideht to fire him. Simply put, had it not been for him, many more lives would have been lost in the war against terror and many more people would have been killed by Boko Haram and the Fulani herdsmen. Some say he was the leader of the cabal. This is a cabal in which seasoned and skillful old war horses and elderly and ancient northern political veterans and warriors like Mamman Daura, Zangon Daura, Mahmoud Tukur, Ismaila Isa Funtua, Lawal Daura, Baba Gana Kingibe and many others that were far older and more experienced than him are members of? A cabal that has been in existence and in power since the 1980s when he was still at University? This does not make sense. He was a powerful Chief of Staff but he was far from being head of the cabal or being de facto President. That much I can assure you. If it had been any different many of those that were still in office at the time of his death would not have been there anymore because he would have fired them long ago. God alone sees the heart and knows who is who. Let Him be the judge and let Him call each and every one of us to account for our deeds and misdeeds. It is not for me or anyone else to judge Kyari and it is not for anyone else to judge me or to judge you. The only thing that is certain is the following: for our good deeds we shall be rewarded in the afterlife and for our bad ones we shall suffer. That applies to us all and as the Bible says, 'let he that is free of sin throw the first stone.'" For my friend and adversary Abba I only have this to say, "Tell it not in Gath, proclaim it not in the streets of Ashkelon, lest the daughters of the Philistines be glad, lest the daughters of the uncircumcised rejoice.....How are the mighty fallen in the midst of the battle! How are the mighty fallen and the weapons of war perished!" (2 Samuel 1 20:24). You served your nation and your principal to the best of your ability and I am proud of the dignity and nobility you displayed throughout your life. Rest in peace my brother and pray for Nigeria and those of us you left behind. r'BOJ ,BZPEF GPSNFS .JOJTUFS PG "WJBUJPO XSPUF GSPN "CVKB

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T H I S D AY ˾ ˜ Ͱͯ˜ ͰͮͰͮ

COMMENT

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

CORONAVIRUS AND CLIMATE DISASTERS Small vulnerable countries face dual threats, writes, Patricia Scotland

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he widespread destruction wreaked by Tropical Cyclone Harold in several Pacific countries just days ago has been nothing short of heart-breaking. At least 32 people have died, while more than 45,000 men, women and children in Vanuatu’s hardest-hit province, Sanma, are now homeless. In Tonga, hundreds of businesses and homes were gutted, while Fiji has recorded more than US$20 million worth of damage to crops, raising fears around food security. Sadly, such super storms are occurring with increasing and distressing frequency in the region. Powerful Category 5 cyclones – the strongest on the South Pacific scale – have descended almost every year since 2014, costing an estimated US$2 billion in total damages. Building long-term resilience on multiple fronts has become even more pressing, with the COVID-19 pandemic now contributing to a perilous combination of threats in the region. Not only has the cyclone exacerbated the risk of exposure to the disease, but measures to protect against COVID-19 are, in turn, hampering cyclone recovery. In Vanuatu for instance, urgent relief supplies from overseas must sit untouched for three days at the airport to prevent possible contamination. Meanwhile the storm has wrecked health centres across the country and damaged the water supply, hindering basic actions like washing hands. Fortunately, Vanuatu remains COVID-free, but with less than two doctors for every 10,000 people and only two working ventilators in the whole country, there is little room for error. In Fiji, where 17 cases of COVID have been reported, strict social distancing rules meant evacuation centres could only take a limited number of people during the storm. Curbs on gatherings and movement have kept volunteers from mobilising to help those in need. There are only around eight doctors for every 10,000 Fijians (compared to 30 in neighbouring New Zealand), and rural areas remain vulnerable. Scientists have long warned that the ferocity and frequency of extreme weather events such as cyclones can be fuelled by warmer oceans, as a result of climate change. Small island developing states are known to be especially vulnerable to climate-related disasters, which can cripple economies and thwart their ability to cope with other crises

MALLAM KYARI’S DOOR WAS ALWAYS OPEN AND PROVIDED AN EFFECTIVE COMMUNICATION PLATFORM FOR THE TWO ARMS OF GOVERNMENT

such as pandemics. It is therefore extremely worrying that so many small states still find it difficult to secure funding to help reduce the risk of disasters and adapt to the impacts of climate change. Research shows that disaster risk reduction remains a low priority in terms of financing. Over the 20 years from 1991 to 2010, just 0.4 per cent of international aid (or 40 cents for every US$100) was spent on pre-disaster risk management. This despite evidence suggesting it is more cost-effective to tackle risks before a disaster strikes, than reacting afterwards. Information on funding in this area is fragmented and complex, making it even harder for small and vulnerable states to tap into the limited money. Similarly, for climate finance, smaller countries that lack manpower and expertise can spend many months or even years working through donors’ onerous conditions and lengthy processes, delaying climate action and putting communities further at risk. For instance, Tonga is still awaiting the outcome of a proposal submitted to international agencies in 2017 to build 16 kilometres of vital coastline protection. Since then, the country has endured not one, but two super storms (Gita in 2018 and Harold in 2020), while hoping to receive funds for the project this year, according to Commonwealth advisers on the ground. Simple, easy-to-navigate ways to access money to cope with climate change and manage disaster risk are therefore crucial. Less red tape and better coordination amongst funders, leading to common templates for proposals, harmonised sets of conditions and a simplified approval system would no doubt make life easier for those vulnerable countries that need financing the most. In support, the Commonwealth’s Climate Finance Access Hub helps governments develop successful applications for international climate finance, backed by robust satellite data through the innovative Commonsensing project. Our forthcoming Disaster Risk Finance Portal will also provide valuable information on disaster risk funds through a single easy-to-use web-based platform. The reality however, is that multiple disasters is a risk for all countries, and the global community must respond by taking a coordinated, joined up and long-term approach to building resilience.

Scotland is Commonwealth Secretary-General

NOW THAT WE ARE HOME (2) Akin Rotimi writes that we can only win the ‘war’ when we are united

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hese are desperate times the world over. Nigeria’s President Muhammadu Buhari has taken a number of steps in the right direction in our battle to contain the pandemic. Some of our state governors are also proving their mettle by their actions, while some others are trivialising this crisis and putting their people at risk with pedestrian rhetoric and stupid actions. Just like was recorded in bible times during Job’s crisis, we can also see that “Great men are not always wise.” We have come to discover in stark relief the number of misfits we have leading us. It is also in this time of war that generals are earning their stripes, and by God’s grace the day would soon come when we would celebrate the heroes of this battle and document their roles in serving our common good. As things stand today though, there is still no cure for the virus, and our best efforts to win this war remains to continue to enforce physical distancing, aggressive contacts tracing, and mass enlightenment on the need for everyone to practice personal hygiene and build their immunity. I must add to that the need to improve the morale of our heroic health workers on the frontlines, and incentivise them to continue to put in their best. These are the ones staying the hands of the pandemic within our borders – the ones who are bravely defying the scary projections about the pandemic overrunning our health system. The greatest challenge however is ensuring wilful compliance by the citizenry to physical distancing measures put in place by government, and at the same time maintaining social cohesion and law and order. This is because of the toll the lockdown is taking on the majority of Nigerians, which President Buhari in showing empathy acknowledged in his recent statement, “We realise that today, there will be sons and daughters unable to visit their par¬ents, and elders that are isolated from young ones. And there will be those who live day-to-day, eating as they earn, who face real and present suffering.” It is heart-breaking and worrisome to read of spikes in crime in our urban centres, and the desperation of many Nigerians to do anything at this time for bread. A video that went viral recently shows a septuagenarian woman, confidently saying she would be happy to sleep with anyone for N500 to survive.

The encouraging news is that characteristic of Nigerians being our brothers’ keepers, in addition to efforts of government across all levels, we are seeing humanitarian responses at the level of individuals, families, and clusters of friends crowdsourcing money and food to share with less privileged people. People are cooking meals and distributing to fellow Nigerians on the streets, and distributing stipends to vulnerable families. Citizens’ responses have been commendable and has proven that every single person counts in efforts at nation-building. We must not stop. As I had encouraged in part 1 of this article, when this pestilence passes, we must keep up in this same spirit and hold our leaders accountable to addressing some urgent problems that has compounded the impact of the COVID 19 pandemic in Nigeria. Some of these are as follows. Inequality: Wealthy Nigerians and corporations are falling over themselves to announce huge donations to confront the pandemic in Nigeria. The problem is you don’t prepare for war in times of war, and many Nigerians are beginning to wonder what exactly would be done with all these monies, and how exactly it would tangibly impact their lives. These donations in many cases come from donors who are as complicit as our leaders in the house of cards we have built. Jobless economic growth over the years has enriched a few while others wallow in indigence. This is why we have a severe housing deficit yet empty and overpriced real estate abound in our major cities. We have a broken education system yet Nigerians as international students fund the education systems in other countries. Poverty is one thing in Nigeria, inequality is another. Wherever inequality exists, it is joined by a league of ills. We must not forget the saying attributed to French philosopher Jean-Jacques Rousseau: “Quand les pauvres n’auront plus rien à manger, ils mangeront les riches!” meaning “When the poor have nothing more to eat, they will eat the rich!”. Data Management: For long we have failed to heed the warning of experts that our inefficiencies in managing data would hurt us someday. This is the day. The dearth of veritable data and the lack of integration of the ones we have amongst key government entities is blunting efforts in this war as far as contact tracing and delivery of humanitarian relief is concerned. Assuming we have the infinite resources, we simply lack the data to reach our

most vulnerable citizens with relief in an equitable, efficient, and dignified way. We must however acknowledge that some governments have done well in this regard, a good example being the Government of Ekiti State which have been able to leverage existing databases in the state’s Vulnerable People’s Support Programme to reach vulnerable households with relief in a dignified way. This issue of data goes beyond government. Very few of our social and religious organisations that have for long been sustained by contributions of Nigerians can boast of comprehensive databases with which they can attend to the material, mental health, and spiritual needs of members during this crisis. We can do better. Social Protection: Closely related to the subject of data management is Social Protection. We absolutely need to rethink our strategies on how we cater for the most vulnerable segments of our society. The main purpose of social protection is to reduce poverty, economic shocks and vulnerability, which in turn, helps to determine the countryspecific social protection design requirements (ADB, 2003). The Federal Government’s National Social Investments Programme (N-SIP) is doing very well in the circumstances, but we need to ask what became of social protection initiatives of previous administrations? What are the assurances that the N-SIP would survive beyond the lifetime of this administration? Sadly, social protection programmes in Nigeria have been dogged by lack of continuity and susceptibility to nepotism and partisan manipulations. Instead of strengthening existing programmes, successive administrations choose to truncate them and initiate new ones thereby losing traction. We must build resilient and enduring social protection programmes on the solid foundations of accurate data, transparency, and accountability, and over time deepen its coverage and impact. Functional Federalism: With such a large country in terms of land mass and population, this crisis has brought back to the fore conversations about the nature of the federalism we practice. In the days leading up to President Buhari’s March 29, 2020 national broadcast, there was a hue and cry about the need for him to address the nation, as though his speech was to be a silver bullet to solve all the problems. What we didn’t pay attention to was all the work that was already going on in different

states of the federation – with diverse strategies that best suit their peculiarities. That is the way it should be. As a matter of fact, the president’s actions and policy pronouncements only served, in many instances, to reinforce actions already taken by some state governors. In other jurisdictions we see the beauty of Cooperative Federalism in fighting this ugly situation. We see all levels of governments – federal, state, and municipal – working collaboratively to address the challenges, with each empowered to act in the best interest of their citizens. We must in the principle of subsidiarity urgently seek ways to devolve more power and resources from an unwieldy federal government to the lower levels of government, and encourage them to generate more income within the states. The lower levels of government who are closer to the people and better positioned to respond faster and more appropriately in times like this, should have greater resources and less encumbrances. Special Status for Lagos State: One of the commendable actions by President Buhari recently is providing a grant of N10billion to the government of Lagos State to help them in the fight against COVID 19. This action was not contested by any other state. It is by itself presidential recognition that Lagos is disproportionately affected by this crisis, and carries the weight of the expectations of the entire country to provide the leadership to nip the scourge in the bud, as it did in the past with Ebola. With an estimated population of 20 million, and ranked as the fifth largest economy in Africa, Lagos is undeniably our economic nerve centre, and host to our busiest airport and seaport. When this crisis is over, we must revisit the need to grant special status to Lagos state; a move that has been repeatedly turned down by the Nigerian Senate. The last time the matter was debated on the floor of the senate in 2016 was one of the rowdiest sessions in her history. Senator Olusola Adeyeye making a comparison between Abuja and Lagos in his contribution had declared that “the Federal Capital Territory (FCT) is a rotten and over-pampered child.” The National Assembly is respectfully put on notice, you can see for yourselves, there is no need for long debates after this crisis, Lagos is not the mate of any other state.

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T H I S D AY ˾ TUESDAY, APRIL 21, 2020

EDITORIAL RESTORING DIGNITY TO THE POLICE The police are increasingly diminished by some roles assigned them

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oing by the United Nations estimation, the police force of any country should have no fewer than three personnel for every one thousand citizens. With a total strength of less than 400,000 serving policemen, it is obvious that Nigeria falls far short of this requirement. But the real challenge is not in the number but rather that many of the existing force strength serve just a few people more or less as guardsmen. When this is juxtaposed with inadequate remunerations and low morale which pervade the police force and other agencies that are saddled with keeping the nation safe and secure, it is easy to understand why Nigeria is currently in a security bind. On assuming office in January last year, the Inspector-General of Police (IGP), Mr. Mohammed Adamu raised particular concerns about discipline and professional conduct within the rank and file. While he may have placed emphasis on such issues as extortion of innocent Nigerian road users, extra judicial killings, etc., THE LEVEL OF the deployment of DEGENERATION IS SUCH policemen as guards THAT ALL MANNER OF by private individuals CHARACTERS NOW GOES and corporate bodies ABOUT WITH POLICEMEN across the country is just as deplorable. WHO CARRY BAGS AND From carrying bags UMBRELLA FOR THEM for some political office holders or businessmen to shining their shoes, it is almost as if many of these law enforcement agents have become errand boys. We therefore reiterate our call on the authorities to streamline the list of public officials entitled to such police/security protection as well as come up with a code of conduct for those personnel when at their duty posts. While the Nigeria Police Force is constitutionally charged with the responsibility for internal security, the country has in recent past had to resort to the

deployment of soldiers to restore law and order in majority of the states. But the failure of the police is evident in all ramifications. It is not only that they cannot protect lives and property of citizens, they also lack the capacity to protect themselves. In recent times, for instance, some police officers had been kidnapped and ransom had to be paid for their release. Also, a recent report by a national daily revealed that a total of 101 police officers were killed by gunmen in the course of discharging their responsibilities in 2019.

T 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

o the extent that the very idea of using our security and police personnel as private army undermines their integrity, we need to put an end to the current abuse while restoring some measure of respect and dignity to the institutions concerned. Besides, at a period of national security emergency, such as we have in Nigeria today, this misuse of men and officers of the police and other security outfits should not be allowed to continue. Our policemen—who in the past used to quell civil disturbances while managing emergency situations—should not be reduced to mere personal guards. Statutorily, only the president, vice-president, governors, local council chairmen, legislative principal officers in the states and at federal level, magistrates and judges are entitled to police protection. But for some curious reasons, this privilege has over the years been abused by senior officers in charge of police commands and formations, who assign most of their men to undeserving politicians and businessmen, leaving ever fewer numbers of personnel for real police work. The level of degeneration is such that all manner of characters now goes about with policemen who carry bags and umbrella for them. The Inspector-General of Police must put an end to this glaring abuse that continues to cause image problem for the police and undermines the capacity to perform their constitutional responsibility of maintaining law and order.

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CHINA, WHO, TRUMP AND COVID-19 PANDEMIC

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s nations of the world, global leaders and industry players desperately cling on to a fragile and evolving network of international solidarity and efforts to contain the Covid-19 pandemic, certain developments which seem contractive of this momentum have emerged. Most recent among them are the allegations of China’s weaponization of this pandemic, the alleged 5G complicity and just in, President Donald Trump’s announcement of the decision of his administration to cease funding the World Health Organization. According to President Trump, the body played a pro-China role in China’s ‘mismanaging and covering up of the spread of Coronavirus’. While the first two allegations have been deflated to the tune of being functional only in gossip and unintelligible spots, Mr Trump’s claims and decision remain a subject of growing interests in the circles of policy debate. But then, are these claims true? The answer lies in the comparative analyses and inductive judgements that form the foci of this piece. In 2019, a ‘pneumonia of unknown cause’ broke out in Wuhan and was later dubbed coronavirus disease by the WHO. At the very initial stages of the outbreak, there were sizeable reports of information censorship regarding the disease by the Chinese authorities, but such ‘sledgehammer’ attitude was not unconventional to the Chinese authoritarian system and socio-political conservatism prevalent there. There were, however, no indicting reports to support the claims that this momentary, precautionary skepticism, on the part of the Chinese authorities, resulted in a crisis or triggered a pandemic.

Contrarily, the inspecting WHO delegation that visited China in January, described China’s containment response as eccentrically excellent and it labelled her proactiveness as a model worthy of emulation. This was made possible due to such massive and draconian responsive measures as the not-too-late recognition of the situational severity, strategic ostracizing of the epicenter, Hubei province, the controlled and positively-oriented national consciousness, massive testing, tracing and treatments, record-breaking erection of such response infrastructure as the hospitals built in few days, mass production of kits and masks and so on. The South Korean Ambassador to the UK affirmed the novel effectiveness of these measures in his home country: ‘’Our strategy was test, trace and treat and it worked so far,’’ he said. Reiterating the importance of large-scaling and institutionalizing of responses, he added, ‘’So far we have conducted more than half million tests, so in terms of population per capital, Korea is the highest testing country in the world”. In short, based on the records, countries which combined strong political will and positive national consciousness with effective resources to go all out against the novel coronavirus from the early stages, were sufficiently able to nip the menace in the bud. Can same be said of the United States? With over 500,000 and 30,000 cases and deaths of coronavirus respectively, the US is one of the hardest hit by this pandemic. Juxtaposing the US pandemic response with that of China or Korea, one would find a hug gap of irreconcilable differences.

In its early stage, President Trump declared the coronavirus a hoax at the crucial period when political leadership was most needed to lead this antiviral combat and fill the void. As Mr Trump continued to dish out his empty assurances of safety to Americans, infections and transmissions increased geometrically. When the reality finally dawned on the president and his team, such tackle responses as testing and tracing were begun in a very slow and disproportionate rate. Records show that national testing then stood at about a hundred per day. The high mortality rate in the US is one of the many fallouts of the systemic rot and exclusion of many poor Americans from the ‘luxurious’ national health umbrella. Unlike the two success models, China and the Korea, with nationalized public health systems that have got almost all their peoples covered during this pandemic, many Americans are not subscribers to the Medicaid, Medicare and ACA. As a result, many infected are left to ‘die away’ without access to quality, responsive healthcare. And Obamacare, hitherto positioned to mitigate this, had been rendered unfeasible by this administration. In the end, it follows that President Trump, who had earlier lauded China for its containment efficiency and ingenuity, resorted to a cheap blackmail of the WHO to deflect the attention of the US public from the shortcomings of his administration over the coronavirus pandemic. Indeed, this is not uncharacteristic of Mr Trump’s political idiosyncrasy of blaming his failings on the opposition while riding on populist sensitivities to elicit popular alignments. Olanrewaju A. Olasupo, olanrewajuabiodun4@gmail.com

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TUESDAY APRIL 21, 2020 •T H I S D AY

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WEEKLY PULL-OUT

21.04.2020

DR KOLE ABAYOMI, THE QUINTESSENTIAL LAW TEACHER

Dr. Koleade Abayomi, OON, SAN

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21.04.2020

Covid-19, Lockdown and the Courts

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China’s Disgustingly Bad Behaviour efore I go into the word for today, I cannot but make mention of the Chinese people’s bad behaviour and discrimination against Blacks in the face of this Covid-19 pandemic, a global pandemic which they single handedly caused (Wuhan Virus). For a people whose hygiene standards are called into serious question and has resulted in the deaths of thousands of people all over the world, while millions have lost their means of livelihood, instead taking responsibility for their ‘crime against humanity’ (whether it was intentional or not), and being apologetic for the damage they have inflicted upon the world, they are being ‘wrong and strong’, displaying an attitude that is not just disgusting, but reprehensible and unforgivable, to say the least. Maybe it is because the world has not called them out properly, and blamed them sufficiently for the unprecedented damage they have caused. China must not be allowed to get away, with the havoc that they have wreaked upon the world. As far as I’m concerned, there should be a global class action against China for their crime against humanity, for reparations, and cancellation of debts owed to them by the nations affected by the Coronavirus. Consequences of the Lockdown so far Three weeks into the Covid 19 lockdown in Lagos and Ogun States, and Abuja, the infections from the virus are on the rise, albeit for now, not as exponentially as it has been in some other countries in Europe and of course, the USA, but still at an alarming rate. Why is there a constant increase in number of infections? How successful is the lockdown? Is there really a lockdown, since we have seen videos of areas where people seem to be going about their normal movements without restriction? Would the numbers of infection be much more, if there was no semblance of a lockdown? Presently, and if the Government decides to extend the lockdown even further, the issue of the security and welfare of the citizens, especially in the afore-mentioned initial lockdown States, must be taken more seriously by Government, because by virtue of Section 14(2)(b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended)(the Constitution), this is the primary purpose of Government. Stories of a sharp increase in the crime rate in the suburbs of Lagos, oppression of and brutality against the people by law enforcement agents, are rife. Communities have resorted to self-help, as many are complaining that the Police (many of whom are using the lockdown as an illegal money-making scam), have been nowhere to be found when their neighbourhoods have been under siege from armed robbers and other miscreants. I saw a comment of a resident on a television show, where she claimed that while her street was under siege, the DPO could not be reached, as his telephone was switched off! ‘Police is your friend’ indeed! Category X and A For many of us Lawyers, the effect of the lockdown and closure of the courts, has been just as devastating as it has been on other sectors. The question is, does administration of justice have to grind to a complete halt? The answer is a resounding, No! For those Lawyers who are fortunate enough to have corporate clients (let us refer to them as Category ‘X’ Lawyers), it could almost be business as usual. Meetings, whether local or international, can be held virtually, by means of technology - using Skype, Zoom and other types of video conferencing techniques, while documents can be prepared, emailed and scanned. Naturally, legal practitioners in this niche, who have all the modern conveniences to operate from home, may not be in the majority - that is, having a computer and printer/scanner (home office), constant electricity supply, 24 hour internet access, obviously computer literate, and are extremely adept at using the different types of technology available, to carry on their practices (wherever

they may be in the world). For those Lawyers whose practices are involved mainly in litigation, that is another matter - the inequality in our society and the failure of our systems, become glaring. We have different categories of colleagues in this group. We have the Senior Advocates, other seniors and successful Lawyers akin to the Category X Lawyers, that is, they have the same ‘mod-cons’ as those of Category X at home, and are able to carry on litigation remotely from home. However, we also have many of our colleagues in litigation who are either not as privileged, are still upcoming, or are even what some refer to as ‘charge and bail Lawyers’, who hang around the courts waiting to secure clients when the Black Maria which conveys detainees to court, arrives at the court premises. Certainly, this group of legal practitioners do not have all those modern facilities available to them (let us refer to them as Category ‘A’ Lawyers), in that they still have to utilise the services of places like Business Centres to have their correspondence and court processes prepared, they certainly do not have internet access nor do they enjoy constant electricity supply in their homes, neither can they afford to run generators. Additionally, there are many Lawyers who are not even tech savvy/computer literate. While I do concur with Learned Silks Yemi Candide Johnson (and indeed, the Justice Reform Project) and Femi Falana, that ways can be found around this lockdown issue to ensure that the wheels of justice are kept oiled and moving, many Category A Lawyers may be precluded from participating in any kind of technologically enabled remote hearings, due to financial or other impediments, which I previously mentioned. In fact, several Bar branches have been sending funds to indigent members, during this lockdown. How can people who cannot afford to eat, afford to do Skype and Zoom? We must be realistic, about the solutions we proffer during this crisis, as they must be workable for all, and not just the privileged minority.

The CJN’s Directive The CJN, amidst the growing Covid-19 crisis and lockdown, on April 6 ordered the suspension of court hearings, excepting “...... matters that are urgent, essential or time bound according to extant laws”. The CJN certainly did not order, a complete shutdown of the courts. This obviously means that, for starters, matters touching on fundamental rights and pending bail applications, can be heard during this lockdown period. Likewise, by virtue of Section 294(1) of the Constitution, in matters in which evidence has been concluded and final written addresses

have been adopted, judgement must be delivered in not later than 90 days therefrom, and authenticated copies of the decision made available to the parties to the action, within seven days after the delivery of judgement. This is a constitutional provision, which I think can still be met, in spite of the lockdown. Order 39 Rule 1 of the High Court of Lagos State (Civil Procedure Rules) 2019 provides that, judgement must be delivered in open court. To meet this requirement, it could be ordered that, only a court clerk, parties to the matter and their counsel should be present in court to hear the delivery of the judgement in their suit, so that with just a minimum number present in court, social distancing rules can be observed. Practice Directions It is therefore, welcome that, for example, on April 16, the Chief Judge of Ondo State, Honourable Justice Olanrewaju Akeredolu, pursuant to Section 274 of the Constitution, Section 424 of the Ondo State Administration of Criminal Justice Law 2015 and Order 24 of their High Court CPR, issued a Practice Direction that urgent applications by motion ex-parte in civil and criminal matters, bail applications, those touching on enforcement of fundamental rights where the applicant is incarcerated, time bound matters and pre-election matters (since the Ondo State Gubernatorial election is scheduled for later this year), should be given “expeditious attention and determination”. The Chief Judge of the Federal High Court, Honourable Justice John Tsoho, has also directed that three Judges in the Lagos, Abuja and Rivers divisions, hear urgent matters. This is a step in the right direction, and such matters can be heard, applying the social distancing method which I earlier suggested. Other States, should follow suit. Yemi Candide Johnson, SAN pointed out that: “Another big aspect of our work, is motions and applications. In many courts across the world, they are decided without the parties appearing..... that’s about 60% or 70% of the work done by the courts each day.....You don’t need to have court appearances for interlocutory applications”. This is indeed, an opportunity for judicial officers to clear their backlog of applications in which written addresses supporting applications have already been adopted, by writing their rulings and having them emailed to counsel in such matters (though a Judge complained to me that, not all Lawyers even have functioning emails, and even though they have email addresses included in their court processes, they still cannot be contacted through the email addresses they have provided). For the Supreme Court and Court of Appeal however, where most of the adjudication is done by

Chief Justice of Nigeria, Hon. Justice Ibrahim Tanko Muhammad

ONIKEPO BRAITHWAITE

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

“.....OURS IS NOT A SOCIETY THAT IS TECHNOLOGY COMPLIANT, AND CANNOT BECOME SO OVERNIGHT, BECAUSE WE HAVE THIS CRISIS......IT IS TIME FOR OUR JUDICIARY AND LEGAL PROFESSION TO PUT ALL THE NECESSARY MEASURES IN PLACE, TO AVOID THIS KIND OF SYSTEM SHUTDOWN, SHOULD GOD FORBID, THERE BE ANY SIMILAR TYPE OF PANDEMIC OR FORCE MAJEURE, IN FUTURE” means of briefs of argument, they should be able to continue with some of their work. Suggestions The truth of the matter is that, ours is not a society that is technology compliant, and cannot become so overnight, because we have this crisis. However, with the Ebola crisis that occurred in 2014, and now Covid-19, it is time for our Judiciary and legal profession to put all the necessary measures in place, to avoid this kind of system shutdown, should God forbid, there be any similar type of pandemic or force majeure, in future. While it is true that, plenty of the work done by the courts is the determination interlocutory applications, I am not aware that one can file applications or court processes in general from home or the office, that is, E-filing. Obviously, this is the desired objective, but I am uncertain that this goal has been achieved as of today. What I am aware of, is that court processes are filed physically at the court registries, and then uploaded into the system by court staff. To the best of my knowledge, there still has to be a physical visit to the court registry, to file processes. To this end, the courts can rotate the workers. Have a certain number of workers tested for the virus and let them work for 14 days, house them, and then replace them with another set, and do this continually, so that the courts can have skeletal services, where processes can be filed etc, and excepted matters heard. Finally, the Police must be a party to any initiative which permits Lawyers to go to court to attend to their excepted matters, and they must be given firm and clear instructions in this regard, so that Lawyers will not be harassed on the roads, in the line of duty. It could be that Lawyers may have to show proof of hearing notices if stopped by the Police, as we have seen many instances of the Police impounding vehicles and harassing people, even though we are permitted to visit the market, stores, and the Pharmacy to re-stock on essentials, every now and then, between certain hours.

LAW REPORT/3

Service of Statutory Pre-action Notice in Simple Contract Cases

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he Respondent was contracted by the Appellant, to supply Heptane Chemical to it. By a letter dated 30th April, 2014, the Appellant rejected the Heptane Chemical supplied by the Respondent. Consequent upon this, the Respondent took out a writ of summons and statement of claim against the Appellant, claiming inter alia, an order declaring as null and void, the Appellant's letter rejecting the Heptane Chemical supplied; the sum of N20,278,065.00 being the debt owed to the Respondent by the Appellant for supply of Heptane Chemicals; interest on the claimed sum; and general, as well as special damages, against the Appellant. The Appellant filed its statement of defence and a motion on notice, wherein it sought an order setting down for hearing, the points of law raised in its statement of defence. By the points of law, the Appellant challenged the competence of the suit, which it alleged was instituted without service of Pre- action Notice on it, in compliance with Section 12(2) of the Nigerian National Petroleum Corporation Act, (NNPC Act) Cap . N123, Laws of the Federation of Nigeria, 2004, and the jurisdiction of the court to entertain the suit. The Appellant also raised an objection to the jurisdiction of the trial High Court to determine the suit, on the basis that it is a Federal Government Agency. The trial court set down the points of law for hearing, and in a considered ruling, the court found that, from the statement of claim filed by the Respondent, the claim was in respect of breach of a simple contract of supply of chemicals by the Respondent; hence, it could be determined by a court other than the Federal High Court. The trial court also found that, the parties are bound by the terms of their contract, and since there is no provision for Pre-action Notice in their contract, the court can assume jurisdiction to determine the suit. The appeal by the Appellant to the Court of Appeal was unsuccessful; hence, the further appeal to the Supreme Court. Issues for Determination The Respondent raised a preliminary objection to the hearing of the appeal filed by the Appellant, at the Supreme Court. The grounds of the objection, which were considered by the court are: 1. The appeal, being interlocutory, was filed outside the period prescribed by Section 27(2) of the Supreme Court Act, and there was no application made for extension of time to seek leave to appeal. 2. Grounds 1, 2 and 3 of the Notice of Appeal involved questions of mixed law and fact, for which leave ought to have been sought and obtained. 3. Issues A and C formulated in the Appellant’s Brief were distilled from incompetent grounds, and therefore, incompetent. In the main appeal, the court considered the sole issue below: Whether pursuant to Section 12(2) of the NNPC Act, the Appellant was entitled to be served with a Pre-action Notice before the commencement of the suit against it, at the trial court. Arguments Arguing the first ground of the objection, counsel for the Respondent contended that, the decision of the Court of Appeal did not determine the final rights of the parties, and was therefore, interlocutory. He submitted that, by virtue of Section 27(2) of the Supreme Court Act, an appeal from an interlocutory decision ought to be filed within 14 days, even where the appeal is on ground of law alone. This was not complied with by the Appellant, and there is nothing on the record to show that the Appellant sought and obtained leave to file out of time. On the second ground of the objection, counsel contended that Grounds 1, 2 and 3 of the Notice and Grounds of Appeal were of fact, or at best, mixed law and fact, for which the leave of court is required in compliance with Section 233(3) of the Constitution of the Federal Republic of Nigeria, 1999. In relation to the 3rd ground of objection, counsel posited that if Grounds 1, 2 and 3 of the Notice and Grounds of Appeal are found to be incompetent, it follows that the Appellant’s Issues A and C predicated thereon, are also incompetent and should be struck out. Responding to the objections, counsel for the Appellant submitted on the first ground that, the decision of the Court of Appeal is a final decision, albeit arising from an interlocutory decision of a trial court. He relied on SKYMIT MOTORS LTD v U.B.A. PLC (2014) ALL FWLR (PT. 721) 1547 at 1561-1562 to submit that, having pronounced the appeal as dismissed, the rights of parties thereby came to an end as far as the issues canvassed before the court were concerned. Submitting on the competence of Grounds 1, 2 and 3 of its appeal before the Supreme Court, counsel contended that, the three Grounds of Appeal were of pure law which the Appellant can appeal against as of right. On the third ground of the objection, it was his position that the complaint before the Apex Court was that the Court of Appeal failed to pronounce on the issue raised before it as it relates to the content of the

ALL FWLR (Pt. 422) 1052. Responding to the above, counsel for the Respondent reiterated the applicability of the decision in NPA v CONSTRUZIONI GENERALI FARSURA COGEFAR SPA (1974) 12 SC 81 at 200, to the instant case. He distinguished the decision in Amadi’s case (supra), stating that the court held that Section 11(2) of the NNPC Act, 1977 was a condition precedent to instituting an action against NNPC, because the parties had expressly so agreed. The contract between parties was in writing, and the terms agreed upon did not include or incorporate the provisions of the said Section 12(2) of the NNPC Act.

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 John Inyang Okoro Amina Adamu Augie Paul Adamu Galinje Justices, Supreme Court SC.769/2017 Between Adamu Abubakar ... Warri Refining & Petrochemical Co. Ltd ..................Appellant And GECMEP Nigeria Limited............... Respondent (Lead Judgement delivered by Hon. Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC)

reliefs sought by the Respondent, as opposed to the nature of the relationship between parties. As regard the issue about service of Pre-action Notice, Counsel for the Appellant submitted that, service of Pre- action Notice on it by a party before commencement of any action against it, is a mandatory statutory requirement which cannot be subjected to contractual negotiation, or expected to be incorporated as a term of the contract for it to become applicable. He relied on AMADI v N.N.P.C (2000) FWLR (PT. 9) 1527 at 1556 in support of the Appellant’s position that once the statute makes provision for Pre-action Notice, the contracting parties must fully comply thereto, failure of which the proceedings are liable to be nullified. He opined that, the mandatory provisions of Section 12(2) of the NNPC Act cannot be subject of a waiver, as parties are not expected to contract out of it, irrespective of the type or cause of action contemplated, relying on NIGERCARE DEVT. CO. LTD v ADAMAWA STATE WATER BOARD (2008)

“THE TRANSACTION BETWEEN THE PARTIES, BEING ONE OF SIMPLE CONTRACT, AND HAVING NOT EXPRESSLY INCORPORATED THE PROVISIONS OF SECTION 12(2) OF THE NNPC ACT AS TERMS OF THE CONTRACT, IT FOLLOWS THAT THE SAID PROVISIONS ARE NOT APPLICABLE TO THE INSTANT SUIT.....”

Court’s Judgement and Rationale Deciding the first ground of objection, Their Lordships relied on the earlier decision of the Apex Court and the principles for determining what constitutes a final decision, as postulated in the decisions of ALOR v NGENE (2007) 17 NWLR (PT. 1062) 1103 at 175-176 and IGUNBOR v AFOLABI (2001) FWLR (PT. 59) 1184, to hold that, though the appeal before the Court of Appeal arose from an interlocutory decision of the trial court, the judgement rendered in respect of the interlocutory decision is a final decision, as the order made finally determined the rights of parties as to the particular issue disputed. And by Section 27 (2) of the Supreme Court Act, the Appellant can appeal against the decision of the lower court within three months of delivery of the judgement, as it did in this instance. Regarding the second ground challenging the competence of Grounds 1, 2 and 3 of the Notice of Appeal, the court reckoned that, it’s not an easy task distinguishing between a Ground of Appeal which is of law alone, and one which is of mixed law and fact. The Supreme Court called in aid various decisions on what to consider, in determining a ground of law and mixed law and facts, in coming to the conclusion that having perused the particulars of the Grounds of Appeal, it was without doubt that the Grounds 1, 2 and 3 of the Notice of Appeal were of mixed law and fact, for which the Appellant required the leave of court in compliance with Section 233(3) of the 1999 Constitution (as amended). The court also found that Issues A and C formulated from incompetent Grounds 1, 2 and 3 of the Notice of Appeal were by implication, rendered incompetent and accordingly, struck out. The preliminary objection thereby, succeeded in part. Coming to the sole surviving issue which dealt with service of Pre-action Notice, the Supreme Court referred to the provisions of Section 12(2) of the NNPC Act, 2004 which provides that “No suit shall be commenced against the authority before the expiration of a period of one month after written notice of intention to commence the suit shall have been served on the Corporation by the intending Plaintiff or his agent ...” Relying on the settled principle of interpretation that statutory provisions should not be considered in isolation but holistically, to ascertain the intention of the legislature, Their Lordships observed that Section 12 of the NNPC Act relates to “Limitation of Suits against the Corporation, etc". By subsection (1) thereof, the Act provides that “Notwithstanding anything in any other enactment, no suit against the Corporation, ... for any act done in pursuance or execution of any enactment or law, or of any public duties or authority, or in alleged neglect or default in the execution of such enactment or law, duties or authority, shall lie or be instituted in any court unless it is commenced within twelve months next after the act, neglect or default complained of ...” The foregoing provision is followed by the referenced Subsection (2), which provides for service of Pre-action Notice. In the decision of NPA v CONSTRUZIONI (supra), the Supreme Court dealt extensively with a similar provision, being Section 97 of the Ports Act and its sub-sections (1) and (2) which are inpari materia with those of Section 12(1) and (2) of the NNPC Act. In that case, the Supreme Court found that, Section 97(1) of the Ports Act applies to everything done or omitted to be done under the Act. Thus, it would be stretching the meaning of the provision too far, if it is extended to specific contracts. Specifically, in WEMA SEC. FIN. PLC v N.A.I.C. (2015) 16 NWLR (Pt. 1484) 93, it was held inter alia, that “It is now settled law that Section 2 of the Public Officers (Protection) Act and all such enactments similarly worded like it ... do not apply to cases of contract. ... To hold otherwise, would be to negate the general principles upon which the law of contract is based.” Based on the foregoing, the Supreme Court held that, the transaction between the parties, being one of simple contract, and having not expressly incorporated the provisions of Section 12(2) of the NNPC Act as terms of the contract, it follows that the said provisions are not applicable to the instant suit, and the Respondent’s suit was properly instituted. Appeal Dismissed. Representation O.A. Okpakpor, Esq. with Dr. Ayodele Gatta and Anita Oteh, Esq. for the Appellant. O.D. Emole, Esq. for the Respondent. Reported by Optimum Publishers Limited (Publisher of the Nigerian Monthly Law Reports)

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Dr Kole Abayomi, the Quintessential Law Teacher Amidst the anxiety and mounting fears of the raging global Covid-19 pandemic, the Nigerian legal community lost one of its most beloved and iconic figures, Dr. Koleade Abayomi, OON, SAN, who succumbed to the dreaded virus in a London hospital, and joined the saints triumphant on April 2, 2020. Dr Abayomi was born on August 20th, 1940. He was called to the Nigerian Bar, in 1966. He taught at the Nigerian Law School for over three decades, and rose to the position of Director-General in 2004, a position which he held until his retirement in 2005, the year in which he was conferred with the rank of Senior Advocate of Nigeria. Dr Abayomi had the rare privilege of tutoring a vast majority of Nigerian Lawyers, including THISDAY LAWYER Editor, Onikepo Braithwaite and Deputy Editor, Jude Igbanoi. Augustine Alegeh, SAN, Richard Akinnola, Alex Muoka, George Etomi, Mia Essien, SAN, Lanre Onadeko, SAN, Afam Osigwe and Ebun-Olu Adegboruwa, SAN, pay tribute to this unforgettable legal personality. May his soul rest in the bosom of the Lord. Amen.

‘A Brilliant Lecturer’

‘M Augustine Alegeh, SAN

y first encounter with Dr. Abayomi was in 1985 at the Nigerian Law School, Lagos. His dressing, diction and friendly mien attracted me, like most of my classmates, to him. He was a brilliant lecturer. His dressing was both inspirational and encouraging. He gave class and prestige to the profession, and I could not wait be become a Lawyer. He was by nature, a mentor, and his position became more enhanced as a mentor after his retirement from the Law school, as he still made out time to visit the Law school with his trademark walking stick.Brilliant Lecturer. Erudite Senior Advocate. Mentor par excellence. Legal icon. The legal profession has lost one of it's best. Adieu, our Teacher and Mentor.’ Augustine Alegeh, SAN, former President, NBA

Dr Kole Abayomi SAN: Ode to an Accomplished Legal Icon

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Richard Akinnola The Stuff Dr Abayomi was made of law student got his final Bar results, and immediately felt something was amiss about his result. He felt sufficiently aggrieved to petition the then Director-General of the Nigerian Law School, Dr Kole Abayomi. Rather than act as an authoritarian alpha and omega bully, Dr Abayomi, putting on the toga of a father figure, did not dismiss the petition as another DG would have acted. He responded to the petition of the aggrieved student, his result was reviewed and the student eventually made a Second Class Upper. This singular act was to pave the way for over 100 other students who similarly, benefited from the review policy. That was the stuff Dr Abayomi was made of, even though the policy was later jettisoned by his successor as the DG of the Nigerian Law School. But, that accommodating policy which saved the career of many students, was not lost on the keen watchers of the laudable legacies of the late DG of the Nigerian Law School, who recently passed on at 79, a victim of the rampaging Coronavirus pandemic.

Dr Abayomi: The Man An urbane, gangling, bow tie-adorned gentleman, with aristocratic sartorial elegance, Dr Abayomi was a father figure, either as a lecturer or DG of Law School, or as a private legal practitioner. The scion of the popular Kofo Abayomi family of Lagos, was a member of the Nigeria Constitution Drafting Committee from 1975-1976, Vice Chairman Nigerian Enterprises Promotion Board 1976-1979; Vice Chairman Lagos State Ibile Property Corporation 1976-1979 and Chairman Lagos State Ibile Holdings 1991-1992. His late father, Sir Kofo Abayomi, was a medical doctor and he wanted the young Kole, the fourth of his six children, and obviously the favourite, to also be a medical doctor. But, the young man demurred. Rather, he wanted to be a Lawyer, a choice that later came in handy, even as a law student, when his father was preparing his Will. In an interview granted to Punch newspaper on July 1, 2017, Dr Abayomi recalled how his father gave him a copy of his Will, when he was just 21 years old. His words: "He relied on me, right from when I was young. When I was about

19, he gave me all his title deeds to keep for him. When I was in England at the age of 21, he had instructed his Lawyers, Thompson and Coker, to prepare his will and he showed me the drafts to criticise, and I scrutinised it very well. I was in my first year in school, as a law student. Right in my presence, my father sent for his Lawyers and chastised them. He queried them for not advising him well, that what he wrote was not correct. They said that he wrote it down for them and that they were only trying to follow his instruction, but my father told them that as a doctor, if someone came to him about an illness, he would use his knowledge to treat the person. The fact that he wrote it down as an instruction, they should have gone through it, and written it in a legal form. He later asked them to change what he had written, based on my correction. These men were very senior Lawyers, Thompson and Coker, but he was chastising them in my presence. "My father and I had a very good rapport. For instance, I was signing his cheques. If I did not sign and he counter-signed, the banks would not honour his cheques, until I had signed. The reason is that, he was going blind, and to ensure that his stewards would not cheat him, he wrote to the bank that he wanted one of his children to be a co- signatory". Richard Akinnola, Legal Historian, Author, Executive Director, Centre for Free Speech

‘His Kindness of Heart’

‘T George Etomi

he late Dr Kole Abayomi, SAN epitomised all that was noble in the legal profession. I first met him, when I attended the Law School in 1976. We were not more than 250 in our set, and fitted into the old auditorium. That meant that our interaction with our lecturers was more intimate than it is these days, given the very large numbers of students today. From his exquisite dressing to his calculated steps when added to his elocution, Dr Abayomi represented everything a budding Lawyer wanted to be. His sense of humour, was unparalleled. Perhaps, what I would personally remember him for, was his kindness of heart. I had a sister who got married in the Law School, in a very private ceremony. I was in charge of the entire arrangements and had no idea where we could hold a small reception, and certainly didn’t have the money for it. I approached Dr Abayomi who promptly offered his sprawling sitting room for the reception, and picked up the bills. Seeing him at the 40th reunion celebration of my Law School set of 1977, was particularly exciting. As with so many other sets, we celebrated a man who was a major influence in our careers. He lived a fulfilled life and was a worthy representative of a fine pedigree, the very noble Kofo- Abayomi lineage.’ George Etomi, Pioneer Chairman, NBA Section on Business Law

‘A Quintessential Lawyer’

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Mrs Mia Essien, SAN r. Abayomi, SAN was a quintessential Lawyer and a gentleman, who took absolute delight in imparting knowledge. I still remember some of his lectures. He will be sorely missed. May his soul rest in peace.’ Mrs Mia Essien, SAN, former Chairperson, NBA Section on Legal Practice

Requiem for Dr Kole Abayomi, SAN!

T Alex Muoka

he news broke on the 2nd of April, 2020. TwentyFour hours before, and it would have entered the realm of fools greetings, ... but it was true – the Iroko had fallen. Dr. Kole Abayomi SAN, OON had breathed his last! It was easy to resist the urge to pen an immediate tribute to him – writing for me is inspirational. It can’t be conjured up or summoned at will, and the writing juices had not started flowing (maybe they were on lockdown, like the rest of me). In any event, I didn’t want my tribute to be lost, in the deluge that was sure to follow his death. And, quite a torrent it turned out to be – everyone had something or the other to say about him. I guess everything that needs to be said about him, has been written over the last few days. Well, almost... I haven’t said my piece, yet. Our First Meeting I met Dr. Kole Abayomi (as he was at the time) for the first time in my life on or about Monday the 22nd of October, 1990 (following resumption at the Nigerian Law School, Victoria Island, Lagos) when he came into the auditorium, strolled leisurely down the aisle and mounted the stage to deliver his first lecture to us. Dr Abayomi: The Person I was impressed. Who wouldn’t be – he was almost fifty (years old) at the time, reasonably good-looking, well heeled, and well dressed. Scratch that...he was extremely well dressed. He seemed to take pains with his appearance – choosing his clothes and adorning them with great care and thought. And he was charming! Genial, soft-spoken (with a well- cultivated lazy drawl), and a manner of caressing his words like he was romancing a woman. And my, did he wow the ladies? He made no pretence of his liking for the fairer sex, and enjoyment of their time and attentions. He flirted good naturedly and openly in class – and left us guys wondering whether it was just harmless chivalry... or if he actually did pursue it further. We had a great crop of teachers, in my time at the Law School. Every one of them stood out one way or the other, and Dr. Abayomi

was way up there at the top of the heap! He was always impeccable in dress, in speech, in manners – he oozed good-breeding, culture and old-school courtesy – like an English Gent. He was a well-loved teacher – connecting with students, understanding our fears, hopes and expectations, and speaking to us in a language we could admire and yet, understand. His Lectures I recall our very first class with him. He was one of two teachers who took us in ‘Legal Drafting and Conveyancing’, and the contrast between the other lecturer (late Mr. Adubi – my pal Gboyega’s father...I wonder where he is now?) and him, couldn’t have been more graphic – the one sombre and regular in his home-spun suits, and the other larger than life in his bespoke suits and hand-turned walking stick! Dr. Abayomi mounted the stage and proceeded to give us an overview of the course, and a detailed reading list. He stated the topics he would be taking – bibliography, basics, elementary rules of drafting, legislative drafting, leases and assignments of leases, and wills and codicils. His first lecture was on ‘Introduction to Drafting’, and he ended it with words which I continue to hold fast: “You have an obligation as a draftsman to go for clarity, go straight to the point, avoid ambiguity, clarify words with technical meaning.” The next day he opened his lecture on Bibliography by hinting us (very helpfully) that, ‘bibliography is a sure examination question.’ Although many of his former students appear to remember his lectures on ‘Wills’ more than the other topics he took, I must say that I most thoroughly enjoyed his expositions on ‘Leases, Subleases and Assignment of Leases’. It is to his credit (and also Mr. Adubi’s), that I had a masterly (and, therefore, life-long) appreciation of legal drafting and conveyancing. His Charm He was a charmer, his entire manner oozed of breeding and privilege. I knew he was the scion of old-money – not the flash of nouveau riche. And, I remember thinking at the time – why work? Why the thankless job of trying to drum legal knowledge into the skulls of plebs...when he could have afforded to spend his days lounging on the beach in the South of France? And, he did give off the impression that he spent his vacations doing exactly that!

He made no pretence about his wealth – he wore it everywhere, but in a manner that was kind and inoffensive. I really liked him back then – of course, with a tinge of envy at his seemingly easy and privileged life. A middle-aged man on top of his game, comfortable in his own skin, appearing unaffected by worldly cares, and able to indulge in the things he fancied! I liked him...and missed him after I finished Law School and was called to the Bar. After Law School In the years after Law School, I didn’t see much of him. I did follow his career, and was thrilled when he became Director-General of the Law School and then took Silk – I do wonder, which gave him the greater pleasure? I remember meeting with him about ten or eleven years ago, when my Branch (the NBA Lagos Branch) invited him to deliver the dinner talk at our annual Year-End Bar Dinner. He gladly accepted and came – impeccably dressed as always. He had aged somewhat, but was his ever charming, genial self. Unfortunately, the rowdy din in the hall drowned out the delivery of his well-thought out dinner speech – given in his well-known soft-spoken precise grammar. And, yes, he did comment on and deprecate the noise. His Passage: Regrets With his passage, comes two deep and abiding regrets. I wish I had known him more closely, had transcended the teacher/ student relationship, and forged a real friendship with him – as a respected much older and senior colleague. I’d always admired his unhurried (very measured) manner of speaking – that soft-spoken modulation that caressed the ear, and wished that I could have emulated it. I also wish he had written his story – left a biography of his life and times. Oh, what a rich tapestry it would have been! May I end by offering condolences to his widow, children, grandchildren and the entire family – your loss can only be imagined. May I also commiserate with the Nigerian Law School, the Council of Legal Education, and the entire legal community – as we mourn an erudite law teacher. I pray that the Greatest Teacher of all – Almighty God – offers his gentle soul sublime repose. His charm and wit will surely be missed – very much! Alex Muoka, Legal Practitioner, Former Chairman, NBA Lagos Branch

Dr. Koleade Abayomi, OON, SAN

‘A Gentleman’ Mr. Olanrewaju Onadeko, SAN ‘My teacher, a gentleman and a great administrator.’ Mr Olanrewaju Onadeko, SAN, former DirectorGeneral, Nigerian Law School

‘A First Class Scholar’

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Ebun-Olu Adegboruwa SAN r Kole Abayomi, SAN, was an erudite scholar, a man of class that distinguished himself both in academics and legal practice. Despite his very noble and comfortable background, he made himself available to be a source of knowledge for all. His days at the Nigerian Law School were very momentous as he was very bold, frank and diligent. He will surely be missed as a first class scholar, mentor and a distinguished Senior Advocate of Nigeria. Ebun-Olu Adegboruwa SAN, Human Rights Lawyer

‘He worked for God and Posterity’

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Afam Osigwe r Kole Abayomi, SAN’s love and zeal for legal education and indeed, the legal profession will forever be fondly remembered. His service at the Nigerian Law School, can never be rewarded by men. He motivated and positively influenced many students who trained under him, or had encounter with him. He was never one to rest on his oars, or leave for tomorrow what could be done now. He was never tired of setting goals for himself, and surpassing them. He was never content with conquered intellectual, and professional territories. Dr Abayomi surmounted life’s challenges. He faced life with strength, intellect, wittiness, honesty and dedication to service. We are very proud of the exemplary life he led. He worked for God and posterity; not for man. He will forever be remembered, for his good deeds. He has toiled, now he rests in the bosom of Almighty God. Mazi Afam Osigwe, former NBA General Secretary

6/NEWS

21.04.2020

Covid-19 Pandemic Exposes Nigerian Judiciary’s Lack of Vision, says Access to Justice Stories by Akinwale Akintunde Human Rights Advocacy Group, Access to Justice (A2J), has decried Nigeria’s Judiciary’s failure to adopt modern technology, saying this has exacted a heavy toll on the delivery of justice, in this period of Covid-19 pandemic. The group noted that, with Covid-19 and its associated effects, including the suspension of judicial proceedings, the Judiciary’s many fault lines are exposed, adding that, it also shows that Nigeria’s courts are unprepared for 21st century exigencies. In a statement signed by its Executive Director of, Mr. Joseph Otteh, and Project Director, ‘Deji Ajare, A2J stated that the Covid-19 pandemic is worsening the situation of a judicial system that was already beleaguered and notorious for its poor performance, brought about by protracted delays and interminable adjournments, poor

management of over-crowded dockets, as well as a steep decline in public perceptions of its transparency and integrity. The group recalled that, on March 23, 2020, the Chief Justice of Nigeria, Hon. Justice Ibrahim Tanko Muhammad, ordered that, as a preventive step to check the spread of the Coronavirus disease (Covid-19), all Heads of Court should suspend Court sittings for a period of two weeks. “In response to this circular, all courts in the country suspended proceedings with considerations made for urgent, essential and time-bound matters. Since that time, most, not all, court operations across the country, have been shuttered. Judicial and non-judicial staff of courts who have to sit at this time are exposed to some level of risks, in the course of hearing cases. Some courts, such as the Court of Appeal, have, in the light of the current situation, introduced modest information technology (IT) tools to the adjudication

process, requiring that electronic channels of communication be now used to communicate with the court, which according to the Acting President of the Court, “reduces the amount of talking and time expended over a matter in court”. Most courts in the country have not instated similar measures, but have simply shut down. The modest IT directions made by the Acting Court of Appeal President in response to the current situation, are worthy of note and emulation”, it added. According to A2J, the failure of successive generations of judicial leaderships to re-organise how justice delivery processes are ordered so as to make them more efficient, timely and effective by leveraging the tools offered by modern information technology for this purpose, is all so clear now. “The Covid-19 pandemic is worsening the situation of a judicial system that was already

Covid-19 Killings: Lawyers flay Police, Task Buhari, Others Otu Oka Iwu (Law Society) has condemned in very strong terms, the killing of two residents of Anambra State by operatives of the Nigeria Police Force, while allegedly enforcing the lockdown order by the Anambra State Governor, Mr. Willie Obiano. The group, in a statement by its President, Chief Chuks Ikokwu, stated that it was informed that that the two youths were shot dead following argument with Police operatives who ordered them to go indoors, notwithstanding that they were within the precincts of their house at Nkpor, near Onitsha, Anambra State. While we encourage all citizens to remain law-abiding and obey all orders aimed at containing the Covid-19 pandemic, Law Society urged President Muhammadu Buhari, to activate an effective framework to contain these grievous human rights violations.

The group also urged the National Assembly to be alert to its duty of safeguarding the rights of Nigerians, as well as demanding that a coroner’s inquest be immediately set up by the Anambra State Government, to unravel the circumstances leading to the death of these youths who have been cut down in their prime. “We ask the Inspector-General of Police, Mr. Mohammed Adamu, and the Minister of Police Affairs, Muhammad Dingyadi, to rein in their men to avoid a repeat of these human rights violations. These violations are a sad commentary on the operations of our law enforcement agencies, including the Army which has also been found culpable in these infractions. “It is noteworthy that these incidences have become a recurring feature, given that the National Human Rights Commission (NHRC)

has particularly accused the Police and other law enforcement agencies, of trampling on the rights of citizens in the guise of enforcing the Covid-19 orders. “Equally instructive, is the fact that the five South East States have once again been turned into a theatre of war, being among the top 10 States where the Police operatives are especially trigger-happy in enforcing the Coronavirus orders. Aside from Anambra State, which has now joined this inglorious list, Abia, Ebonyi, Enugu and Imo, are among the States with the highest recorded cases of human rights violations linked to the enforcement of Coronavirus directives. This is notwithstanding the fact that, the States have very few cases of Covid-19. “Sadly, the security operatives have killed more citizens in the South East States, than the dreaded Coronavirus pandemic”, the group stated.

beleaguered and notorious for its poor performance, brought about by protracted delays and interminable adjournments, poor management of over-crowded dockets, as well as a steep decline in public perceptions of its transparency and integrity. “While it is understandable that a pandemicinduced lockdown will have notable effect on the delivery of justice, there is no reason why it should bring nearly the entire judicial system to a grinding halt. This is true, particularly for appellate courts (mostly Court of Appeal and Supreme Court) where most hearings are conducted on the strength of Briefs filed in court. Technology could enable those courts continue to attend to the thousands of cases in their dockets, not defer them to a later time. This is what has been done in many countries, including developing countries, like India that embraced information technology in its court systems since the seventies”, the group stated. Access to Justice therefore, called on Chief Justice of Nigeria and the National Judicial Council, to immediately instruct heads of court to make immediate provisions and directions enabling the use of electronic tools for trial of cases where possible, particularly appellate cases, and ensure the continuity of court business where possible in the coming weeks, especially for cases involving fundamental rights and the liberty of citizens, cases touching on issues related to the Covid-19 pandemic itself, and other time-sensitive cases. It also wants the Chief Justice of Nigeria to consider a substantial reduction of the annual vacation period of courts for the 2019/2020 legal year, adding that, this is a fair way for the Judiciary to show that it is invested in seeing that justice is timeously delivered to litigants. The group further called on the Attorney- General of the Federation, Federal and State Governments, alongside National and State legislatures, to support any reforms that the Judiciary embarks upon in the use of technology for delivering justice, by appropriating adequate funds for this purpose, and ensuring that those funds are put to effective and prudent use.

Legal Personality of the Week Daniel Ugochukwu Ezumezu

‘Commitment, Passion, Focus and Service to Humanity, are a Lawyer’s Attributes’ that my client’s bail has been revoked, on the ground that she discovered some discrepancies on documentation of the Surety who took my client on bail. All efforts to change the mind of the court proved abortive, and my client who appeared in court from his house was taken into custody, without the Surety being given a chance to correct the purported discrepancies on the documentation done by the court staff and approved by the Magistrate. The mistake of the court staff, was visited on my client.

Please, give a brief introduction of yourself? My name is Daniel Ugochukwu Ezumezu, I am a Legal Practitioner and the Principal Partner of D. U. Ezumezu Legal Consult. I attended Ambrose Alli University, Ekpoma before proceeding to the Nigerian Law School, Abuja Campus, Bwari. I am from Delta State, born into the family of Elder and Deaconess Francis Ifeanyichukwu Ezumezu. I have been in active legal practice since I was called to the Nigerian Bar, I am a member of the Nigerian Bar Association, Warri Branch (The Radioactive Branch). Have you had any challenges in your career as a Lawyer, and if so, what were the main challenges? Being a legal practitioner has not been an easy journey, I have had so many challenges as a legal Practitioner, and some of the major challenges or hurdles are the ones I faced as a young lawyer. As a young Lawyer, getting some briefs which I could handle without stress or the input of anyone else, was difficult. Most clients preferred to give such briefs to a senior Lawyer, even without knowing the ability of such senior Lawyer, thereby depriving me from acquiring more experience from such cases, as well as the financial reward attached to same, and this was one major challenge. Another challenge is the welfare/ remuneration. As a young Lawyer, the welfare was not encouraging, it was very difficult to pay my bills and start a family; it was also very challenging, to get to courts outside jurisdiction. For instance, most times you were not provided with logistics to sleep over in another city, prior to when you have a matter coming up the next day. The effect of such was that, one would likely leave his/her house very early in the morning between 5-5.30am just to get the first bus in the Park, in order get to court before 9am when the court resumes sitting. This also forms part of the job hazard and poor welfare, associated with the profession. I have had colleagues who were robbed of their belongings

Daniel Ugochukwu Ezumezu

by hoodlums and armed robbers, in the course of such early movements to get out of town. Lastly, another major challenge I faced, is the undue antagonism from some law enforcement officers during representation of clients, most times when I showed up at their offices. Immediately I introduced myself as a legal practitioner, it seemed that they felt that I had come to spoil their usual business, and they would want to do everything to delay me in their station without any progress in the matter, just to frustrate me. What do you consider to be your worst day as a Lawyer? My worst day, was when I was a young Lawyer. It happened at a Magistrates Court - it was a Criminal matter, my client was on bail, so we both went to court. When the matter was called, without any communication with me representing my client or any application from the Prosecution, the Magistrate started writing, and when the Magistrate was done writing, read out what was written, which was to the effect

What has been your most memorable experience as a Lawyer, so far? My most memorable experience as a Lawyer, was my first cross-examination in a land matter. Before then, I had always seen land matters as being very technical, especially land that the proof of title are based on traditional evidence. On that fateful day, I was able to elicit much evidence from the witness to support the pleadings of my client, who was the Claimant in the suit. This is a very memorable experience, because since that time, I developed flare for land matters, notwithstanding my earlier reservations. Who has been most influential in your life? My parents, Elder and Deaconess Francis Ifeanyichukwu Ezumezu, their unwavering love and support propelled me to be able to come through as a legal practitioner. My siblings were very instrumental as well, my wife, Mrs Sophia Ezumezu also played a major role all through my university days in encouraging me, and she gave me the courage to take up the offer to practice law when I heard of the stipend I would be paid. I cannot forget the person I consider my father in this profession, Oghenero Okoro, Esq. He is responsible for the formative stage of my career in the legal profession, and because of him, I can boast of having a very solid foundation in the legal profession. Why did you become a Lawyer?

The reasons I became a Lawyer are numerous. Firstly, it was my friends who pointed me to that direction, when they saw some attributes in me. Growing up, I was very analytical about a story. I always pointed out the flaws in a story, and I could never adopt a story without asking questions. I was also never quick to judge another, after hearing from one party. I would always insist on hearing the other party. Secondly, I hate injustice, thus, to protect myself and my immediate environment from injustice, I had to take a decision to equip myself to stand in a vantage position, to resist injustice and oppression. Thirdly, I studied law because it is one of the most respected professions in the world, and it affords persons in the profession to be accorded such respect, and be consulted in most situations in every sphere of life. Lastly, I studied law because the profession is diverse, and at the same time lucrative. What would be your advice to anyone wanting a career in law? Commitment, passion, focus, uprightness and service to humanity, are attributes of a legal practitioner. Thus, anyone wanting a career in the legal profession and wants to attain success, must possess such qualities. If you had not become a Lawyer, what other career would you have chosen? If I had not become a Lawyer, I would have been in the entertainment world as an Actor or a Producer or a Director, or maybe Sports, as a football player or a Coach. I am extremely passionate, about football Where do you see yourself in ten years? Every career driven person would strive to get to the apex of his profession, the Almighty God keeping me alive, in ten years time, I should have attained the rank of Senior Advocate of Nigeria, and going further, hopefully the Attorney-General of the Federation.

21.04.2020

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Covid-19: Voluntary Unpaid Leave and Other Employment Management Options This article by Elvis Asia examines the effect of the Covid-19 pandemic on the Employer/Employee situation, since many companies have been forced to grind to a halt, and are experiencing a huge decline in income. He considers the available options and matters arising, such as unpaid leave, the Emergency Economic Stimulus Bill, 2020 which was passed by the House of Representatives, and concludes that, practical solutions in the interests of both parties, are what are really required, during this difficult time

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Untold Hardship he Covid-19 pandemic has unleashed untold hardship, on many employers of labour. The most affected are employers in the aviation, hospitality and tourism industries. Of course, every employer will be affected one way or the other, as the Government enforces lockdowns to try to curb the outbreak. Even in limited cases where employees can work remotely, there is bound to be a decline in productivity. Generally, restriction on movement and social distancing will affect consumer spending, which will ultimately affect revenue and the capacity of employers to pay salaries and other emoluments. The question therefore, on the lips of many employers, is what they will do with their employees who have now been rendered ‘redundant’ by the pandemic? Employees are also worried about job security, and the ability to weather the storm at this time. An option for consideration by employers, is to ask workers to take voluntary unpaid leave, till when business returns to normal. This will be devastating for employees, who need to survive through the period of the pandemic. The legal question therefore, is to what extent can an employer ask employees to take unpaid leave under Nigerian law? Is an employee on voluntary unpaid leave, entitled to any benefit? What other options, are available to employers and employees? What is Nigeria’s response, to the possibility of loss of jobs? This article addresses these, and other related issues. Unpaid Leave under Nigerian Law There is no express provision on unpaid leave, under Nigerian law. The only section of the Labour Act (LA) relevant to the situation orchestrated by Covid-19, is Section 17(1). The effect of the section is that, an employer is only obligated to pay the worker one day wages where it is unable to provide work, due to a temporary emergency or circumstances beyond the employer’s control. Covid-19 can certainly be classified as a temporary emergency, and other circumstances beyond the employer’s control. This also means that, an employer is not under compulsion to continue with the contract of service in such circumstances. The provision, is a statutory codification of force majeure. The implication is that, voluntary unpaid leave is not outlawed, and in fact, is a gratuitous arrangement by the employer. There are however, issues with this provision. In the first place, the LA applies to a limited number of workers. Many workers in the most affected industries, cannot be considered manual or clerical staff to which the law principally applies. Employers cannot therefore, rely on the provision in many cases. For these categories of employees, the applicable rules will be their terms of employment, and collective agreements applicable to their employment, if any. Secondly, though there is no express provision on unpaid leave under Nigerian law, however, international best practices and labour standards have been directly incorporated into Nigerian law by virtue of Section 254C (1) (f) and (h) of the 1999 Constitution (as amended). This necessarily places a duty on employers to consider these standards, in planning business sustainability as it relates to employees. It is opined that, employers considering placing employees on unpaid leave should

communicate genuinely to the employees to get their buy-ins, and in the first instance, place them on a paid leave for a period of not less than one month. In developed countries, companies are offering at least two weeks paid leave. The employer may also consider giving employees their annual leave during this period of the outbreak, as part of the paid leave period. Unemployment Benefits for Unpaid Leave An employee on voluntary unpaid leave, is for all intent and purpose, unemployed for the period of leave. This raises another question, whether such an employee is entitled to unemployment benefits. There is no statutory unemployment, termination or suspension of employment benefits in Nigeria. This is one of the weakest links, in our employment law. Beyond pension and employee compensation for injuries sustained in the course of employment, there is no provision which obligates an employer to pay a certain benefit to employees. Even where an employment is terminated, the benefits payable are salaries in lieu of notice, accrued salaries, other emoluments and agreed benefits of termination in the terms of employment. In the absence of a provision in the terms of employment which entitles an employee to benefit for suspension of employment, the employee has no claim to any benefit. The point had earlier been made that, unpaid leave of absence in circumstances such as Covid-19 is practically a gift from the employer, because the employer can bring the employment to an end. The closest to statutory benefit is Section 20 of the LA, which provides for a negotiated compensation in the event of termination of employment, due to redundancy. However, redundancy is defined within a narrow compass to mean involuntary loss of job due to excess of manpower, which is not the case here. The danger however, is that an employee placed on unpaid leave may claim constructive dismissal, in respect of which the employee will be entitled to damages. However, the reality of the situation is that, employees are more likely to accept a voluntary unpaid leave, rather than facing the termination of their employment. This is why the process to place an employee on unpaid leave should

be open and transparent, and the employees should be allowed to voluntarily choose to go on unpaid leave. To facilitate the process and given the dire circumstances of the times, the employer should offer a monetary incentive or a period of paid leave, before the unpaid leave period. Sick Leave Apart from cases where the employer is unable to provide work due to Covid-19, there are cases where the employer is opened for business, but a staff is infected by the virus. Nigerian law and practice, recognises sick leave. An employee who is sick, is entitled to twelve working days of paid sick leave in a year. Sick leave is fully paid leave, and is calculated as workers’ monetary wages, excluding overtime and other allowances. In line with international best practices and labour standards, employers are expected to afford the same facilities to employees outside the purview of the LA. Terms of employment often incorporate provisions, in this regard. Employers may also be under obligation to extend the leave period to cover employees who are affected by Covid-19 indirectly, like, having to take care of family infected or children as a result of closure of schools. Public policy also demands that employees in mandatory isolation or quarantine, should be given paid time off for the period. Other Options There are no easy options. Employers may choose to retain employees, but in some cases, they may be unable to afford to pay salaries. It is not in the interest of both parties, for the employment to be terminated. Employers would not want to lose good staff, particularly where there is hope that the pandemic will not last forever. Employees obviously would want to have something to fall back on, after the period of the outbreak. Where the parties cannot agree on a mutually beneficial option, the employer may terminate the employment with requisite notice, or payment in lieu under the terms of employment. Covid-19 and Economic Stimulus by Government The choices before employers and employees, are difficult ones. The Government has to step in, to save jobs. On March 18, 2020, the Central Bank announced a One Trillion Naira

“IN DEVELOPED COUNTRIES, COMPANIES ARE OFFERING AT LEAST TWO WEEKS PAID LEAVE. THE EMPLOYER MAY ALSO CONSIDER GIVING EMPLOYEES THEIR ANNUAL LEAVE DURING THIS PERIOD OF THE OUTBREAK, AS PART OF THE PAID LEAVE PERIOD”

intervention fund, in critical sectors of the economy. This was followed by the House of Representatives’ Emergency Economic Stimulus Bill, 2020 passed on March 26, 2020. The Bill provides, amongst other things, that any employer duly registered under the Companies and Allied Matters Act Cap C20 LFN 2004 which maintains the same employees status without retrenching workers as at March 1, 2020 till December 31, 2020, shall be entitled to 50% income tax rebate on the total amount due or paid as PAYE under the Personal Income Tax Act Cap C8 LFN 2004 (as amended). The Bill also grants import duty rebate on medical equipment, medicines, personal protection equipment and other medical necessities required for the treatment and management of Covid-19 disease in Nigeria. Also mortgage obligations on residential properties obtained by individual contributors to the National Housing Fund are deferred for a period of 180 days, effective from March 1, 2020. The December 2020 timeline, may be extended by the President. It is doubtful whether the incentive conceived in the Emergency Economic Stimulus Bill will sufficiently motivate employers to retain workers, particularly in the most affected sectors like aviation and related businesses, leisure, tourism and entertainment. 50% of the total amount due or paid on PAYE is insignificant, compared to the cost of maintaining workers in such sectors. Oil and Gas companies subject to the Petroleum Profit Tax Act, are also excluded from the application of the Bill. This appears surprising, because the industry lubricates other sectors of the economy and is already hit by low crude oil prices. From the way the Bill is currently framed, no employer is likely going to retain workers because of the tax rebate provided in it. Secondly, the Bill fails to make provision for a mandatory paid leave period, and does not consider the possibility of unpaid leave periods. There is also complete silence on how unemployed persons, gig workers, self-employed individuals and generally, the players in the informal sector of the economy, can survive the period of lockdowns and restriction on movements. Conclusion Covid-19 has thrown the world into unchartered territories, in many respects. For employers and employees, this is no time for undue legalism, but realism and practical solutions that will reasonably serve the interest of both parties. Some employers would be justified to call for a temporary review of terms of employment, during the period of the outbreak of the virus. This review may call for unpaid leave of absence, but not after a period of paid leave is given and with compassionate incentives to assist employees survive economic lockdown. Unpaid leave or any other available options should not be arbitrary, as many employees can work from home and not all employers are impacted to the point of inability to maintain the workforce. Overall, responsible governments across the globe are already putting measures in place to cushion the effect of the global pandemic, with a view to protecting workers. While attempts are being made in this direction by Nigeria, the Emergency Economic Stimulus Bill does not appear to appreciate the relevant issues for employers, employees and self- employed individuals. We need to do more, if we want to help companies retain workers. Elvis E. Asia, Senior Counsel, Chief Rotimi Williams’ Chambers, Lagos

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21.04.2020

TALKING CONSTITUTIONAL DEMOCRACY DR. MIKE OZEKHOME, SAN

SMS only to 08098898888

President Buhari’s Shutdown of FCT, Lagos and Ogun States: The Legal and Constitutional Issues Arising Therefrom (Part 1)

I

Introduction have so far, resisted the urge to comment on President Muhammadu Buhari’s shutdown of the Federal Capital Territory (FCT), Lagos and Ogun States, to stem the corrosive compass and circuit of the Coronavirus (permit the pun). My stance was deliberate and circumspect, because everyone knows my strong and unapologetic views about the Buhari Government – colourless, rudderless, visionless, clueless, lawless, directionless, unemphatic, insensate, insensitive, opaque, corrupt, cronyistic, sectional, prebendalistic, vindictive and anti-people. I have never shied away from expressing these strong opinions in my frequent national discourse, press releases, interview interventions and my three weekly columns. President Buhari may easily be faulted for breaching, in his shut down order, the provisions of Section 17(2)(c) (“government actions shall be humane”)’ and Section 17(3)(g) (“provision is made for public assistance in deserving cases or other conditions of need”) of the Constitution. This ‘Baba Go-slow’ government did not act timeously when Covid-19 broke out, to pro-actively make “provision for public assistance” when the shut- down order took effect. Why this Write-Up? However, it is better late than never, to protect the same people. This is one step taken by President Buhari (the shutdown of the FCT, Lagos and Ogun States), which I humbly, cannot fault. He also notified the States, and got their full co-operation. My present write-up (I hope it is not belated though), is dictated by numerous calls and messages by many, to hear my views as a Constitutional Lawyer, on this vexed issue that has caused so much ruckus. I have read several views on it. I have therefore, decided to break my silence, lest the general public takes in, hook, line and sinker, the various views of the protagonists of the alleged illegality and unconstitutionality of Buhari’s action. Professor Wole Soyinka’s Views I was particularly touched by Professor Wole Soyinka’s humility (our only Nobel Laureate), who, after disagreeing with President Buhari’s lockdown of the States and FCT, however, implored “Constitutional Lawyers and our elected representatives to kindly step into this and educate us, mere lay minds”. I also agree with him that “this is a time for unity of purpose, not nit-picking dissensions”. I again wholly support him, when he wondered why “a President who has been conspicuously AWOL, the Rip Van Winkle of Nigerian history, was now alleged to have woken up after a prolonged siesta, and begun to issue orders”, wondering aloud, “who actually instigates these orders anyway? From where do they really emerge? What happens when the orders conflict with State measures, the product of a systematic contained strategy – ‘including even trial-and- error and hiccups – undertaken without let or leave of the Centre”. Finally, I agree with the literary colossus that: “the universal imperative and urgency of this affliction should not become an opportunistic launch pad for a sneak Re-Centralisation, no matter how seemingly insignificant its appearance. I urge Governors and Legislators, to be especially watchful. No epidemic is ever cured, with constitutional piracy. It only lays down new political viruses, for the future”. That is as far as my agreement with Soyinka goes. First, let us hear from other Nigerians, whose views, though in tandem with Soyinka’s, were however, more caustic in their reaction, without Soyinka’s well known literary embellishment and ornamentation. Some of those Nigerians were the same ones (except few of them), who had applauded President Buhari in February, 2018, for ordering soldiers to shoot at sight, any one found snatching a ballot box during the Presidential and NASS elections. They have justified it – killing of human beings at point blank range, for allegedly snatching ballot boxes. They are now crying over a mere lock down of two States and the FCT, to avoid massive death of the majority through unnecessary contacts. So much for historical revisionism. I will serialise my intervention into two parts, to take on the many issues raised by the critics of President Buhari’s action. So, kindly bear with me. The ‘Crucify-him’ Arguments I have read all the attacks on President Buhari, on this issue. Let us start, by looking at the Antagonists’ arguments. They argue that the President has no powers to restrict the movement of persons, without recourse to the National Assembly (NASS)

“THIS IS ONE STEP TAKEN BY PRESIDENT BUHARI (THE SHUTDOWN OF THE FCT, LAGOS AND OGUN STATES), WHICH I HUMBLY, CANNOT FAULT. HE ALSO NOTIFIED THE STATES, AND GOT THEIR FULL CO-OPERATION”

President Muhammadu Buhari

in a constitutional democracy such as we operate. They argue the President cannot legally take over the affairs of any State of the Federation without the express consent of the States, since it is only the Governor of a State that is legally permitted to make such a declaration concerning his State. They did not explain how the President can, in the same constitutional democracy, order back (like a Headmaster to school pupils), the Senate and House of Representatives that had already adjourned sessions, because of the same COVID-19. Their further argument is that, the President cannot hide under the Quarantine Act to make Covid-19 Regulations, 2020. I roundly disagree with these views. Let me be very clear, that my disagreement with these people is based solely on the Covid-19 pandemic, and not on President Buhari’s now well-known infamous imperial carriage and dictatorial rule by dicta and fiat. I detest them. Such views did not also take notice of the NCDC Act 2018 and the Public Health Act, all of which also gave the President powers to do what he did. That he consulted the States must not be lost on us, leading Ogun State to request for extension! The Constitution as the Fons et origo The 1999 Constitution, is the supreme law of the land. All other laws and acts must derive legitimacy from it. It is the fons et origo, the nucleus and very birth certificate of Nigeria. Section 1(1) of the 1999 Constitution provides: “This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria”. Section 1(3) nails it with, “if any other provisions of law is inconsistent with the provisions of this Constitution, the Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void”. This undoubted supremacy of the Constitution and voidance of any Act or law that is inconsistent with it, was emphasised with admirable lucidity in the case of FRN v OMOLOJU OKUNOMO (2010) LPELR-4154 (CA), where the intermediate court told us: “From the wordings of the section, the supremacy of the Constitution above all other laws in the country, is not in doubt. The Constitution of the Federal Republic of Nigeria is therefore, the grundnorm, and all other legislations are subsequent to it”. The late Justice Nike Tobi, JSC put it in flowery poetic words when he declared in AG, ABIA STATE v AG, FEDERATION (2006) 16 NWLR (Part 1005) 265 at 381 as follows: “The Constitution of a nation is the fons et origo, not only of the jurisprudence, but also of the legal system. In Greek language, it is the alpha and omega. It is the barometer with which all statutes are measured. In line with the kingly position of the Constitution, all the three arms of government are slaves of the Constitution; not in the sense of servitude or bondage, but in the sense of total obeisance and loyalty to it. This is in recognition of the supremacy of the Constitution over and above every statute, be it an Act of the National Assembly or a Law of the House of Assembly of a State”. See also INEC v MUSA (2003) 3 NWLR (Pt. 806) 72; ABACHA v FAWEHINMI (2000) 4 SC (Pt. 11) 1; AG, ONDO v AG, FEDERATION (2002) 1 NWLR (Pt. 772) 222; BALONWU v GOV. ANAMBRA STATE (2009) 18 NWLR (Pt. 1172) 13; PDP v CPC (2011) 17 NWLR (Pt. 1277) 485, 511. Are President Buhari’s Directives to Lockdown FCT, Lagos and Ogun States Unconstitutional? Background to the Lockdown by Buhari We cannot discuss this issue meaningfully, without a contextual discussion of the prevailing hazardous environment in which it was done. When Franklin Roosevelt gave his inaugural speech on March 4, 1933, he addressed a nation weakened and demoralised

by economic depression. Major General Muhammadu Buhari (Rtd) is not a Roosevelt, by any stretch of the imagination. He, with his foibles and infamous imperfections, was acting at a time of global pandemic that has literally shut down the whole world. A pandemic that made great nations lie prostrate, shut their borders, ground aircrafts, halt commerce and industry. The greatest need, has become human wellness and oxygen. Just to live. Fear of death. Fear of fear. Fear of the unknown. Across the world, billions of people were quarantined (they still are) in iron-cast lockdowns, as health services struggled to cope. Since its inception in late 2019 in Wuhan, China, Coronavirus (Covid-19), which was later christened a pandemic by the World Health Organisation (WHO), quickly spread like wildfire in the harmattan, across the entire face of the earth, threatening complete extinction of mankind. By early 2020, USA and EU countries, particularly Italy and Spain, became severely hit. It was only a matter of time before Africa, ever vulnerable, was hit. And hit, it was. South Africa, today, takes the lead in Africa (statistics as at 10th April, 2020) with 1505 cases; followed by Algeria (986); Egypt (865); Morocco (735); Tunisia (455). Mercifully, Nigeria follows a distant casualty with nearly 300 confirmed cases, 7 deaths and 51 recovered. Hippocrates (the father of Medicine and the famous ancient Greek physician) once theorised in his work, Amorphisms, that “for extreme deceases, extreme methods of cure, as to restriction, are most suitable”. In modern parlance we say, “desperate times call for desperate measures”. Humanity Humbled Should Buhari, already famed (or rather, infamous for his taciturnity or inactivity in the face of dire national challenges) have kept quiet and done nothing? I think not. The world has been in a spin, upside down. God showed His sovereignty. Some say, God has been angry with the Sodomic and Gomorrahic sins and iniquities of the world. Worldwide, over 1,631,310 of confirmed Covid-19 cases, have been reported. 98,401 people have died. Only a mere 365,722 have recovered (subject of course, to possible fresh infection). Powerful nations, some very loud, narcissistic and chest-beating, suffered most deaths. Human beings are perishing, like helpless flies. However, space billionaire dissident, Guo Wengui, says Beijing’s communist party is burning and cremating an average of 1,200 corpses per day; that is those who died in Wuhan alone. How true this is, I can not confirm from a second source. Covid-19 has since humbled man and humanity; sent nearly the entire human race into voluntary and forced quarantine; crippled great nations; and completely grounded commerce, industry, law, science and technology. Religious merchants now realise that physical attendance at Churches and Mosques, does not equate to knowing God. There is the sudden realisation that, “almighty” money could be useless in the hands of the wealthy and aristocrats. They now have money, they cannot spend. Private jets and their owners, are grounded. Limousines, Rolls Royce, Mercedes, Maybach Exelero, and such incredibly expensive cars that once dotted our government-neglected roads, have since vanished into thin air. They are gathering dust and rust, in quarantined hovels. Pastors, Imams and other Religionists’ imposing and imperious mansions and bespoke edifices, have been deserted. Gullible congregationists, are suddenly resting from the non-ceasing demands for tithes and “seed- sowing”. Academic activities are in limbo, with degree-hawking professors grounded with their certificates and degrees which have become mere papers in their hands. Students are quarantined at home. Suddenly, husbands and wives of over 15-20 years’ wedlock are just discovering themselves. Children now pay attention to their parents; and parents, their children. Bars, restaurants, hotels, brothels, strip clubs, night clubbing, party orgies, weddings, funerals, “owambes”, containers importation, vacations, spraying at parties etc., have suddenly become anathema. Different nations and organisations, have taken different tough measures to contain Covid-19. America closed its borders with Canada. Delta, British Airways and other major airlines grounded their entire fleet. President Yoweri Museveni of Uganda wrote to all landlords and landladies on 18th March, 2020, “not to collect rent money from your tenants for the next 90 days. Failure to comply to this, the Government will take over your apartment(s) or you will be sentenced to jail for 7 years or both actions will be taken”. This is obviously an extreme measure, the same way the Philippine President, Rodrigo Duterte, told Police and the Military to shoot down any of the about half of the 10 million Filipinos who are currently quarantined, if such a person violates the lockdown. God, “how Excellent is thy name in all the earth!” (Psalm 8:1-3). “Oh Lord, there is none like You. Nor is there any God besides You, according to all that we have heard with our ears” (1 Chronicles 17:20). “Who will not fear you, O King of the nations? Indeed, it is Your due! For among all the wise men of the nations and in all their Kingdoms, there is none like You” (Jeremiah 10: 7). (To be continued next week).

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BUSINESSWORLD

Group Business Editor Obinna Chima

Email obinna.chima@thisdaylive.com 08152447875

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1.75 5.50 5.63

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Quick Takes Olam Supports Households

TRADE CONFERENCE

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OPEC: Oil Prices Lost Two-third of Value in First Quarter of 2020 Chineme Okafor in Abuja The Organisation of Petroleum Exporting Countries (OPEC) has disclosed that up to two-third of the value of oil prices were wiped out by the novel Covid-19 in the first quarter of 2020. The OPEC also said that the current situation in the oil industry will affect the global economy which is expected to record a decline in growth rate. It thus called for concerted efforts to ensure that the industry does not further deteriorate. OPEC’s latest position on the oil market was contained in a statement it presented at the recently concluded International Monetary Fund (IMF) and World Bank Spring Meetings. The meetings were done virtually. In the statement, OPEC’s Secretary General, Dr. Mohammed Barkindo stated that OPEC was ready to, “spearhead the joint efforts in re-establishing healthy oil market fundamentals and restoring balance to the oil market in support of the global economy.� Barkindo noted that the

ENERGY impacts of the Covid-19 on the oil industry saw to prices significantly dropping in late March 2020 to reach the lowest levels in nearly 18 years. According to him, OPEC estimates that around $15 trillion, or about 17 per cent of global Gross Domestic Product (GDP) have been spent by countries across the world on fiscal and monetary stimulus, including guarantees to keep their economies afloat. This, he added constituted the largest stimulus efforts ever undertaken by countries of the world. Barkindo, explained that while the global oil market showed some relative stability and ended 2019 on a positive note, despite economic headwinds and high uncertainties regarding ongoing trade disputes, Brexit and geopolitical developments throughout the year, the expected pickup in 2020 was cut short by Covid-19. “At the beginning of 2020, there were signals that the economy would rebound from

the slowdown in the second half of the previous year, with global economic activity, including global trade and industrial production, expected to pick up. “However, instead of the expected pick-up in activity in 2020, the global economy and, consequently, the global oil market are experiencing one of the most severe crises in recent history, caused by the Covid-19 pandemic,� Barkindo said. He said countries around the world have virtually shut down, imposing travel restrictions and mandating social-distancing measures in an effort to contain the pandemic and that these measures have, “not only severely affected global economic growth, they have also caused a historic demand shock in the oil market, which has led to extreme volatility in oil prices.� “Concerns about this grave oil market imbalance, which could lead to a large build in global oil stocks in coming months, led to oil prices dropping significantly in late March to reach the lowest levels in nearly 18 years. Oil

prices lost about two-thirds of their value over 1Q20,� he noted. Barkindo, explained that with the market conditions and massive oil demand destruction so far, “comprehensive international cooperation is called for to stabilise the global oil market and prevent extensive and lasting damage to the oil industry.� He noted that the world’s economy is forecast to face a severe recession in 2020, declining by 1.1 per cent. “The underlying key assumption for the 2020 GDP growth forecast is that the impact of Covid-19 related developments outside China will continue well into 2Q20. Therefore, most regions are forecast to see a slowdown through 2Q20, recovering only towards the second half of 3Q20,� he further explained, while stating that the tremendous imbalance in oil markets has taken a significant toll on global economic growth. According to him, a recovery in the oil sector may provide further support to global economic Continued on page 24

NCDMB Slashes Interest Rate on $200bn NCI Fund Emmanuel Addeh in Abuja The Nigerian Content Development and Monitoring Board (NCDMB) has slashed the interest rate on the Nigerian Content Intervention (NCI) Fund from eight to six per cent per annum for beneficiaries. In a statement by the Executive Secretary of the NCDMB, Mr Simbi Wabote, the organisation also announced an extension of the moratorium and tenor with effect from April 01, 2020. The release added that the move was to spur business activities, particularly in the oil and gas sector for beneficiaries of loans under the pool of funds

ENERGY which was launched to provide loans to Nigerian companies involved in manufacturing in the oil and gas industry as well as firms seeking to acquire assets, especially rigs and marine vessels. It also covers contract financing for Nigerian oil service providers, contract financing for oil and gas community contractors as well as contract and loan refinancing for service companies that already have facilities with Nigerian banks. Wabote explained that the palliatives sought to reinforce the various economic stimulus

packages by the federal government to support businesses to overcome the difficulties created by the coronavirus outbreak in Nigeria. He reaffirmed the board’s commitment to continue to provide impetus to businesses in the oil and gas industry to surmount emerging operating difficulties in line with the federal government’s policy direction. “Under this palliative regime, all running loans with outstanding tenor within three years will be extended by six months, while all running loan facilities with a tenor above three years will get extra 12 months tenor. “Similarly, there will be

moratorium extension on all running loan facilities under manufacturing, asset acquisition and contract finance with outstanding tenor not exceeding 3 years by 6 months and by 12 months for all applicable running loan facilities, effective April 01, 2020� the NCDMB said. It added that the five loan products under the NCI Fund are manufacturing, asset acquisition, contract finance, loan refinancing and community contractor financing, but noted that there have been no disbursements yet under community contractor financing to date. Continued on page 24

Olam Nigeria in collaboration with Crown Flour Mills, OK Foods, Caraway has supplied households with food items as part of its support in the ďŹ ght against the COVID-19. The Country Head, Olam Nigeria, Mukul Mathur, in a statement, explained that the eects of the pandemic necessitated the intervention. It is targeted at vulnerable persons in the society. Mathur noted that the states to beneďŹ t included Lagos, Kaduna, Rivers, Ogun, Kano, Delta, Kwara, Nasarawa, Ekiti, Cross River States and, Abuja. “We realised the eect this will have on Nigerians, especially the vulnerable in the society, many of whom earn daily wages, and whose incomes are closely tied to ongoing economic activities, which for now have been halted. “In addition to the food items, the company recognises the urgent need to support all health workers on the frontline with medical supplies and kits which will include thermometers, masks, hoods, goggles, medical overalls and rapid test kits. “This is to be donated to NCDC. It is our belief that our humble contribution will support the overall eort in combating the pandemic as we continue to hope life returns to normalcy as soon as possible,â€? the company added.

AA Supports COVID-19 Fight

African Alliance Insurance Plc said it has made ďŹ nancial contributions to support the Nigerian Insurers Association (NIA) ‘s Covid-19 support fund. The NIA Covid-19 support fund is an initiative of all insurance and reinsurance underwriters aimed at mitigating the further spread of the virus in Nigeria. The funds raised are to be used in acquiring and distributing protective gears to the public as well as to the healthcare workers who are at the frontline ďŹ ghting against the Covid-19. African Alliance Insurance said it was pleased to support the NIA’s eort through cash and material donations. The company had earlier supported a food outreach to residents of Ikoyi-Obalende LCDA, its immediate community, in conjunction with Megalectrics Ltd, a media company based in Ikoyi and the LCDA. “We believe the government cannot do it alone, therefore it is our corporate responsibility to offer support and provide for the needs of those around us in these trying times. After all, we promised to be with them for life and that means through thick and thin,â€? Bankole Banjo, the firm’s Brand, Media and Communications Manager said.

Dufil Donates to State Govts

DuďŹ l Prima Foods, makers of Indomie instant noodles, has donated thousands of cartons of Indomie noodles as well as other food items to Nigerians through dierent state governments. The donation was to alleviate the challenges faced by many households in the wake of the coronavirus outbreak and to help solve the hunger induced problems occasioned by the lockdown. Speaking at the presentation of 10,000 cartons of Indomie noodles to Ogun State Government, the Group Public Relations and Event Manager, DuďŹ l Prima Foods, Mr.Tope Ashiwaju, said the donation was to support the eorts of government at various levels during these challenging times. The donation to the Ogun State government covered distribution in Abeokuta, Ado Odo Ota local government, Ota and the isolation center in Ikenne. This gesture was in addition to the 1,000 cartons of Indomie and 500 cartons of power pasta already delivered to the River State Government in Port Harcourt last week. According to Ashiwaju, “We understand the challenges faced by governments in providing support to dierent households at this diďŹƒcult time. Therefore, we thought it imperative for us as a brand to collaborate with government to lighten the burden faced by families in the wake of the coronavirus pandemic. “We hope to help minimise the impact of the lockdown instituted to curb the spread of the virus and provide emergency food solutions to dierent households.â€?

“This coalition is not only involved in medical intervention; we are involved in food distributions to Nigerians. We are buying N23 billion worth of food items to be distributed during this lockdown� President of Dangote Group,

Alhaji Aliko Dangote

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BUSINESSWORLD OPEC: OIL PRICES LOST TWO-THIRD OF VALUE IN FIRST QUARTER OF 2020 development, hence the need for concerted support for the industry. “For 2020, Covid-19, the ensuing global economic recession and oil demand destruction are forecast to impact world oil supply. Oil companies announced reductions in planned capital expenditure amid sharp declines in oil price levels. “Global E&P spending for 2020 is now estimated at $450 billion, the lowest level in 13 years. Before the Covid-19 pandemic, upstream investment was expected to remain flat year-on-year. “OPEC would like to take this opportunity to reaffirm its long- standing commitment to supporting oil market stability for the mutual benefit of consuming and producing nations, thus contributing significantly to the health of the global economy. “The historic success of the Declaration of Cooperation has underscored the organisation’s leadership in ensuring a stable and constructive environment in which future energy requirements can be met. NCDMB SLASHES INTEREST RATE ON $200BN NCI FUND The board also confirmed that about 91 per cent of the $200 million NCI Fund had been disbursed to 26 beneficiaries and many of the borrowers had started repaying, stressing that the current success rate of the intervention fund is above 95 percent. Meanwhile, Wabote has asked the Nigeria LNG Ltd (NLNG) to evaluate the capabilities of the beneficiaries of Project 100 programme and engage them in the execution of its Train 7 project and other related services. In a recent letter, he urged the Managing Director of NLNG, Mr. Tony Attah, to support the start-ups through special interventions to facilitate their incubation, maturation and growth into world class service companies. He said the programme was introduced as part of the board’s mandate to develop the capacity of the local supply chain for effective and efficient service delivery in the oil and gas industry.

NEWS

Group Seeks Clarity on Petrol Subsidy Removal Chineme Okafor in Abuja The Nigeria Natural Resource Charter (NNRC) has said that the recent decision by the federal government to take off subsidy on petrol was unclear. It explained that with the announcement, it could not ascertain if the government was ready to or already pursuing liberalisation or deregulation of the downstream petroleum sector. Therefore, the group called for clarify on the situation. Despite the Group Managing Director of the Nigerian National Petroleum Corporation (NNPC), Mallam Mele Kyari reportedly stating that the practice of subsidising petrol consumption in Nigeria was over and that government would no longer fund such, the NNRC said that the government’s position remained ambiguous. It explained that no clear policy statement on the situation has been made so far by the government, adding that such declaration did not indicate if the government was in it for a long-term or momentarily on the back of the impacts of Covid-19 on global oil prices. Speaking during a virtual workshop with journalists, a member of NNRC’s Expert Advisory Panel (EAP), Ms. Ronke Onadeko, stated that it was important to consider the

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Capital Market Editor

Goddy Egene

She also noted that oil marketing firms would likely consider the risk of resuming petrol importation if they have no sufficient assurance that, “the government is serious this time and will not go back,” to subsidising petrol when oil prices go up again. “What regulations and road map would make a successful liberalisation and eventual deregulation,” Onadeko asked while insisting that clarity on the

roles of the NNPC, Petroleum Products Pricing Regulatory Agency (PPPRA), marketers and consumers would need to be made in the process. She also stated that the cost of foreign exchange (forex) which oil marketers often require to import petrol, cost of funds, and bridging claims often administered by the Petroleum Equalisation Fund (PEF) would also need to be addressed to ascertain the true

intentions of the government in this regards, in addition to potential traditional opposition to the policy. “If prices rise back because the naira is further devalued and there is civil unrest what could be the governments reaction or response?”, Onadeko asked while stating that these are some of the challenges and open questions about the subsidy removal that the government needed to clarify.

ANNIVERSARY CELEBRATION

L-R:Head,BrandStrategy,GDMGroup,AdemolaOshunniyi;GeneralManager,MarketingOperations,BukolaBodunyefa;founder,VictorAfolabi;Chief OperatingOfficer,LabakeYussuff,andamember,AdvisoryBoard,EkoInnovationCentre,DojaEkeruche,duringtheGDMClients’appreciationpartyto markthe10thanniversaryofthecompany,heldinLagos...recently ETOPUKUT

Gencos Advocate Inclusion of Off-Grid Users in Proposed Free Electricity Package Peter Uzoho The Executive Secretary of the Association of Power Generation Companies (APGC), Mrs Joy Ogaji, has canvassed for the inclusion of Nigerians not connected to the national grid but use renewable energy sources or power generating sets, in the proposed free two-month electricity supply package. The two-month free power supply proposed by the National Assembly and the federal government was another measure to cushion the effect of the COVID-19 pandemic on the citizens.

Ogaji in a telephone chat with THISDAY, said the planned free power package should not be for only Nigerians using on-Grid electricity. She argued that since the National Assembly in their statement talked about free two months electricity for Nigerians, therefore other Nigerians using off-grid sources of electricity should equally be captured. “First and foremost, you need to check the press statement of the National Assembly. What they wrote there is free power for all Nigerians. “So what to do is to calculate by our population. Our population is about 200 million people.

To be on the safe side, let’s just use 190 million people. “So if you now say for all Nigerians you need to calculate those that are using generator, those that are off--grid, like private solar arrangement, before you will be able to get the aggregate. “Because you cannot calculate only those on the grid, because on the grid, with the Discos’ record, it’s just about nine million,” Ogaji said. She, however, stated that the federal government would spend about N150 billion to provide the free two--months electricity supply to nine million customers allegedly registered with the 11 distribution companies (Discos).

She said the current market invoice for energy, excluding capacity, was about N60 billion, explaining that for the two months, including administrative charges by the Market Operator, the Nigerian Electricity Regulatory Commission (NERC) and the Transmission Company of Nigeria (TCN), everything would come to about N150 billion. Ogaji explained: “Now, currently, the Discos have customer number of about nine million --they said electricity customers in the 11 Discos are about nine million people. And the current market invoice is about N60 billion per month, that is only

energy without capacity; because if you calculate capacity, it’s more than that. “So for the two months, for only the nine million people, plus administrative charge, because you know we have to pay the Market Operator, TCN, NERC. “So if you put all of them together we are looking at about N150 billion for the two months. That is for the nine million people that are registered with the Discos.” THISDAY reported recently that the proposed free two--month power supply would cost the federal government an average of N109.83 billion.

Emirates May Evacuate Stranded Nigerians in Dubai Chinedu Eze

Obinna Chima

likely scenarios that could play out after the world and global oil industry is over with the impacts of Covid-19 and oil prices begin to go up. Onadeko, explained that other aspects of the supposed removal of petrol subsidy that the government has not clarified included the potential impacts of the devaluation of the naira on pump price of petrol; that is if the global economic recession forces the country to devalue the naira.

The federal government is making plans to ensure that stranded Nigerians who want to return back to the country are airlifted by Emirates Airlines. The date for the evacuation is tentatively slated for April 26, 2020, according to Nigeria’s Embassy in the United Arab Emirates (UAE).

In a letter dated April 17, titled, “COVID-19 Travel AdisoryUpdate” signed by the Consular and Immigration Section of the Embassy, it informed members of the Nigerian community in the United Arab Emirates requiring emergency evacuation during this challenging period of coronavirus pandemic that Emirates Airlines was making arrangements to operate a special

flight to repatriate Nigerians from Dubai to Lagos only tentatively on April 26, 2020. The Embassy noted that this would be subject to obtaining necessary clearance from the relevant Nigerian authorities. The embassy disclosed that the fare for the evacuation would range from AED 2,500 ($650.00) for economy class one way and AED 5, 000 ($1,360) for business

class while passengers with existing Emirates tickets would have to pay the fare difference based on the current value of their tickets. It noted that the airline would operate the flight subject to available number of interested passengers, stressing that enquiries can be made directly to the airline call centre by calling 600 555555. In addition, passengers would be required to undergo COVID-19

test at Dubai International Airport and on arrival in Nigeria. The Embassy expressed readiness to respond to further enquiries, adding that information earlier received were compiled and forwarded to the Nigerian government for appropriate action. According to them, “As soon as firm arrangement has been made, all concerned persons will be notified accordingly.”

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)

NAHCO Donates Medical Equipment to Lagos State Chinedu Eze As parts of its corporate social responsibility (CSR), the Nigerian Aviation Handling Company (NAHCO) has donated various medical items to the Lagos State Government. The equipment are to aid the fight against the ravaging Covid-19 virus pandemic.

This is as the company lamented that the pandemic had impacted negatively on its finances. It, however assured its stakeholders that the country would overcome the pandemic with the cooperation of the citizenry. Speaking at the Lagos State Ministry, Alausa, Ikeja, the Group Executive Director, Commercial

and Business Development, NAHCO, Mr. Saheed Lasisi, said that the ground handling company supported the government because of its attempt at curbing the spread of the deadly virus in the state and the country. Lasisi, also lauded the federal government for being proactive in combating the pandemic in

the country, noting that the steps so far taken by the government had help to reduce its havoc in Nigeria. He emphasised that the proactive stance of the government was responsible for the low number of cases recorded in the country. He said: “As a corporate responsible company, we saw

what is happening around the country, we are amazed. And we think we needed to support the Lagos State Government, which has really done well to tackle the pandemic. “In our own little token to support the fight against the pandemic, we decided to give the state government the little that we can.

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BUSINESSWORLD

ANALYSIS

FIRS: Enhancing Tax Revenue with Renewed Vigor Hamid Ayodeji writes on efforts by the Mr. Muhammad Nami-led Federal Inland Revenue Service to boost tax revenue in the country

W

ith a tax to Gross Domestic Product (GDP) ratio of about six per cent, which is one of the lowest in the world, the federal government more than ever before, needs to take concerted steps towards aggressively raising non-oil revenue in the country. This is even more so with the negative impact the slump in global crude oil prices and the ravaging effects of the COVID-19 pandemic has had the country’s revenue. This therefore places more burden on the government as it strives to implement policies that would improve the lives of the citizens. That is why experts have continued to stress the need for the federal government to broaden the tax base as well as build tax payers’ trust, increase awareness, simplifying the tax system and improving tax administration and legislation. These have been the focus of the Executive Chairman of the Federal Inland Revenue Service (FIRS), Mr. Muhammad Nami, since he assumed office. “Nigeria’s economy has been in dire straits with attendant socio-economic challenges. It is as a result of these challenges that the present administration of President Muhammadu Buhari has been making strident efforts towards putting the economy back on the track. “Part of these efforts is the administration’s attempt towards making tax revenue generation and collection the cornerstone of its economic recovery efforts. This task, as enormous as it is, requires masterstroke measures, resilience in policy implementation and foresight to evolve novel ideas,” Nami had assured Nigerians immediately he was appointed. Expressing believe in the ability of the Nami-led FIRS to deliver on its mandate, the Secretary of the Government of the Federation (SGF), Mr. Boss Mustapha, recently said the administration of President Buhari needs all the required funds to enable it deliver on his mandate to Nigerians. Mustapha, expressed optimism that the board would under his watch meet and exceed government’s revenue targets from taxation. Specifically, the SGF urged the executive chairman to be proactive in his tax collection drive. He added that if more revenue could be generated from taxation, there would be less need for government to borrow. He further stressed that as a cost-cutting measure, the federal government recently directed its officials, particularly ministers, to reduce the number of aides who travel with them. Improved Revenue Collection As a reflection of his capacity, the FIRS under Nami, in the first quarter of 2020, generated a total of N1.11 trillion as tax revenue. This represented a 10.4 per cent increase compared to the N1.04 trillion recorded in the corresponding quarter of 2019. This has since been revised with total collections for the first quarter of 2020 now revised from N1.11 trillion to N1.20 trillion, representing 15 per cent increase or N156 billion higher than the N1.04 trillion recorded in the corresponding quarter of 2019. The FIRS in a statement by its Director, Communications and Liaison Department, Mr. Abdullahi Ahmad, attributed the improvement in revenue generation to widespread policy reforms and institutional reorganisation initiated by the agency’s Executive Chairman, Mr. Muhammad Nami, since assuming office in December 2019. “Traditionally, Q1 collection results have been notoriously low as a result of limited economic activities within the period, which business analysts trace to the festive hangover of the New Year celebrations, delay in budget presentation, which was a New Year ritual in the country for decades under the military, limited clarity about government

Nami policy directions after the budget had been presented and consumer spending caution and limited liquidity following lavish festivities of preceding December month and January 1 New Year celebrations,” he said. He, however, said the historic final performance in Q1, 2020 was particularly remarkable as the period coincided with two adverse global developments on individuals, businesses, and nations - a global fall in the price of crude oil price, which is the country’s foremost cash cow, and the shutdown of the global economy by the COVID-19 pandemic. However, performance in the review period showed an astronomical increase in collection trends as Capital Gains Tax (CGT) recorded a 568 per cent increase to N643,935,849.06 compared to N96,408,740.90 in the corresponding quarter of last year. Also, Gas Income Tax rose by 420 per cent from N2,977,345,332.31 in Q1,2019 to N15,489,264,736.92 in Q1,2020 as Petroleum Income Tax (PPT) further increased by nine

Effective communication promotes voluntary compliance. By communicating specific tax initiatives even to residents who weren’t necessarily affected by them, one country more than doubled their impact because the general population felt obliged to comply with broader tax rules

per cent. Other taxes, including Companies Income Tax (CIT), increased by 152 per cent to N102,610,369,777.73 in Q1 compared to N40,696,980,658.52 in the preceding quarter of 2019, while the Value Added Tax (VAT) increased by 27 per cent at the customs level and 13 per cent at the non-import level. Stamp Duty tax increased by 40 per cent from N3,386,648,663.85 in Q1 2019 to N4,750,893,578.48 in Q1, 2020. The statement, however, added that the passage of Finance Act 2019 led to a drop in Withholding Tax rate from five per cent to 2.5 per cent in some sectors. “The Act also tinkered with pre-operational levy (levy paid by taxpayers to obtain TCC) thereby resulting in a five per cent collection in Q1, 2020, a drop from seven per cent in Q1, 2019. “With the full takeover of PAYE and PIT in the FCT by FCT-IRS, the FIRS lost all FCT collection, which led to the fall in both Pay As You Earned (PAYE) and Personal Income Tax (PIT) for Q1, 2020,” it added. In addition, the FIRS is also working closely with Ministries, Departments, and Agencies (MDAs) to increase the rate of compliance with the remittance of Pay-As-You-Earn (PAYE) tax. Nami said this was necessary to block loopholes being exploited by the MDAs to pay lesser tax than they should pay under the Progressive Tax System being operated in the country. He disclosed that there were some MDA workers who had not migrated to the Integrated Payroll and Personnel Information (IPPIS) platform. He said such workers were exploiting the inadequacies of the old salary system to dodge tax, adding this was unacceptable as the service was moving fast to address it. Enhancing Revenue Collection Nevertheless, in order for Nigeria and other developing countries to unlock their tax-revenue collection and achieve their higher revenue targets, analysts at Mckinsey, a global

management consulting company, in a report stressed the importance of reforms. According to the report, while auditing would not only detect and penalise evasion attempts, it would also signal a tax administration’s intention to prioritise more aggressive enforcement. “Most rapidly developing economies lack the advanced analytic tools and databases necessary to flag and follow up on suspicious taxpayer behavior automatically. Nonetheless, simply segmenting taxpayers according to attributes such as size, sector, and past behavior can help tax authorities quickly perform a risk analysis identifying discrepancies between an individual taxpayer’s behavior or payments and that of his or her cohort. “In many emerging markets, tax collection is neither automated nor centralized. Collection rates are often low, and there is little awareness of how much is truly owed. In response to this challenge, one customs authority identified the importing businesses that owed the most in back taxes and put in place a technical team to negotiate payment terms directly with debtors. “The program helped minimise opportunities for importers to accumulate more debt and also served to publicize the customs authority’s intention to act against evaders. Within three months of launch, the initiative helped collect approximately 15 percent of the customs department’s outstanding debt—corresponding to some two per cent of its yearly revenue—and reduced the rate of new-debt formation by more than half,” it added. Furthermore, the report pointed out that in many growing markets, it could be difficult to maintain an accurate central taxpayer registry, as much of the economies are made up of “informal” and small-scale businesses, and tax authorities lack the external controls necessary to ensure that such entities stay within the system. To counteract this, it advised that registration should be made more rigorous and feedback systems introduced to ensure that taxpayers regularly update their information. “Additionally, quick and simple controls can be put in place to raise the alarm if taxpayers fail to comply with their obligations. One tax administration in Africa, for example, launched an aggressive two-week effort to improve its registry. “During this period, the authority closed selected branches and sent their officials into the field to identify and register informal businesses in specific areas. Taxpayer registry entries increased by 20 to 30 percent in the targeted districts,” it added. According to Mckinsey, tax administrations can introduce electronic channels such as internet portals, mobile-payment options, and ATMs to also enhance tax collection. The firm explained that by using these channels for simple taxpayer transactions (such as declarations and payments), a tax administration would increase the level of voluntary payments while conveying a strong sense of its public purpose. Such approaches reduce the length of queues at tax offices while also removing a barrier to compliance. “Communication about tax programs should address three areas: promoting the benefits of paying taxes, educating taxpayers about how to comply, and increasing the perception of risk for non-compliance. The communication plan should include both institutional and initiative-specific messages. It can incorporate appeals that have an emotional element—for example, linking the use of tax revenue to the funding of schools or highlighting sanctions for failure to comply. Other messages, such as explaining changes to tax laws or procedures, can be purely informative. “Effective communication promotes voluntary compliance. By communicating specific tax initiatives even to residents who weren’t necessarily affected by them, one country more than doubled their impact because the general population felt obliged to comply with broader tax rules,” it added.

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BUSINESS/MONEYGUIDE

ABCON Offers Recipe to Enhance Forex Inflow Obinna Chima The Association of Bureaux De Operators of Nigeria (ABCON) has advised the Central Bank of Nigeria (CBN) to establish a Voluntary Offshore Asset Repatriation Window to allow more foreign capital inflows into the economy. ABCON President, Ahaji Aminu Gwadabe, who disclosed this in a statement yesterday, said the proposed policy plan should be a monetary instrument of the CBN backed by an Act of the National Assembly for non-disclosure of the sources or basis of proceeds of the funds to be repatriated. The ABCON boss said there was need for tougher measures to keep the forex market and economy going considering the present difficulty that was occasioned by the COVID-19 pandemic. He said the pandemic has led to drop in crude oil prices and drastic cut in Nigeria’s foreign exchange earnings. According to him, the proposed window would boost

liquidity in the Bureaux De Change (BDCs) sub-sector, the investors and exporters’ (I&E) forex window and help the CBN sustain stability of the exchange rate. According to him, the forex window, which differs from the previous Voluntary Offshore Asset Regularisation Scheme backed by executive order 008 and tied to taxation, would be an incentive for owners of stashed funds abroad to be given an amnesty to repatriate their foreign cash holding into the window and to be traded at the prevailing rates in those windows. “Besides, owners of such funds should have one-year amnesty to participate in the market and should be liable to pay a reduced corporate income tax of 20 per cent,� the statement added. Gwadabe also advised that naira proceeds from the transactions in that window should be invested in the economy for a maximum of 10 years before it would be allowed to be repatriated back if the need arises. According to him, the window would boost foreign exchange

liquidity and stem the volatility in the market. “It will also help in diversifying Nigeria’s foreign exchange earnings, support national planning, enhance backward integration and import substitution policies,� he added. Continuing, Gwadabe said it would lead to reduction in the size of black and informal economy, boost sovereign credit ratings, improve living standards for the people and promote good corporate governance in institutions. “Going by the dire consequences of COVID-19 on our economic indicators- decline in oil revenue, low tax to Gross Domestic Product (GDP) ratio, increasing budget deficit, declining fiscal buffers and debt servicing challenges, among others, poor revenue problem and falling oil prices despite OPEC oil supply cut and debt rescheduling. “These will trigger other macro-economic challenges such as high interest rate, low level of investors’ confidence, shrinking Diaspora remittances inflows and increasing livelihood agitations,� he said.

COVID-19: Report Predicts Job Losses, Decline in Trade Ugo Aliogo Nigeria might go into economic recession if the COVID-19 pandemic persists for months and with the potential loss of N2.27 trillion worth of trade and significant job losses across sectors, a Verraki partners report has stated. The report stated that the social, economic and financial challenges of the COVID-19 would lead to a global economic recession in 2020 and potential lost output of $2.7 trillion. It anticipated difficult days ahead for over 100 million Nigerians living on N700 daily, and the 78 million Nigerians without savings who rely on daily wage, monthly salary, and support from family members for survival. It predicted that employee productivity was expected to drop especially for companies that were not designed for and have not made remote working a part of their processes

The firm said business leaders should expect different recovery speeds for different sectors and different locations. It stated that it would be crucial for business leaders to distinguish between hard facts, soft facts, and speculation and to make fact-based decisions by probing situations and responding by creating environments and experiments that allow for patterns to evolve. In addition, it maintained that leaders must also be flexible to spot and pursue the opportunities presented by the COVID-19 including reserving 90 minutes (10% of 15-hour day) per day for work focused on preparing the organisation for the future. It stressed that African was not immune from the economic shock caused by the coronavirus outbreak, adding that renaissance capital, in its analysis had revised down the growth forecast for Sub-Sahara Africa from 3.5 per cent to 1.3 per cent. According to the report, “A reduction in global

economic activity has lowered the demand for oil, taking oil prices to a multi-year low. “In March of 2020, the price of Brent crude averaged $34.27 per barrel in the month (spot price FOB was $23.55 on March 26), while the price was $56.21 per barrel in February of 2020. “This is a 65.25 per cent reduction in price since the beginning of 2020 and 48.19 per cent reduction over the last twelve months, with an obvious negative impact on the FGN 2020 budget as about 60 per cent of the federal government’s revenue and 95 per cent of export revenue comes from oil and gas. “As at April 3, the Brent Oil Price fell to as low as $19.125 per barrel. As it stands, monthly Federation Account Allocation Committee disbursement to federal and state government is expected to drop below N400 billion over the next three to six months from projected N888.5 billion, a shortfall of 55 per cent.

Asharami Synergy Faults Report Asharami Synergy Limited, Kenya, said its attention was recently drawn to, “an inaccurate� report published by Kenya’s Daily Nation, recently. Reacting to the report in a statement, Asharami Synergy stated that the product on PMS K07/2020 MT Ocean Tiara was sourced from the Saudi Arabian Oil Company, one of the world’s foremost Oil and Gas Trading companies with an acclaimed reputation for quality and global standards, thus lending credence to Asharami Synergy’s unwavering commitment to impeccable standards in all aspects of its operations. “We note that the product is on-specification for all parameters right from the loading port where the test by Bureau Veritas recorded a Final Boiling Point (FBP) of 199 degrees Celsius. “In addition, reputable surveyors in Kenya have also confirmed

that the Cargo is on-specification for all parameters. These include tests by Intertek Group Plc, one of the world’s leading Total Quality Assurance Companies, (returning FBP of 200 degrees Celsius) and the Kenya Petroleum Refineries Limited (KPRL), returning FBP parameter of 199 degree Celsiusm,� it added. It pointed out that as an affiliate of Sahara Group, an international energy conglomerate with footprint across Africa, Asia, Europe and the Middle East, Asharami Synergy Limited Kenya operates within a track record of over 20 years of globally acclaimed best practice that has qualified Sahara Group as a member of the World Economic Forum Partnering Against Corruption Initiative (PACI). It added: “In a bid to ensure the process is seamlessly concluded, Asharami Synergy has requested a re-test in an independent ISO certified

facility that is accredited for gasoline testing as this should provide an outcome that will be acceptable to all parties. “Asharami Synergy Limited has imported 7 PMS cargos, 3 co-loaded cargos of both AGO and PMS, and 1 AGO cargo delivering the products within the Kenya Specification in line with the company’s commitment to safety, professionalism and service excellence. “The company continues to contribute to the growth and development of Kenya’s economy through the provision of top quality petroleum products with a distinctive mark of safety and reliability. “Asharami Synergy remains committed to the above stated principles of excellence and is grateful to the good people of the Republic of Kenya and the regulatory authorities for the opportunity to serve.�

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 ͯͲ Í°ÍŽÍ°ÍŽ

The price of OPEC basket of thirteen crudes stood at $19.70 a barrel on Tuesday, compared with $21.18 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), 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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MARKET NEWS

FBN Holdings Grows Q1 Profit After Tax by 62% to N26 Billion Goddy Egene FBN Holdings Plc yesterday announced an improved results for the first quarter ended March 31, 2020. The unaudited results showed a jump of 62 per cent in profit after tax in Q1 of 2020, compared to the corresponding period in 2019. Details of the performance showed that FBN Holdings posted net interest income of N60.253 billion, compared with N71.662 billion. Fee and

commission income rose from N23 billion to N25.8 billion. Impairment charges fell from N13.847 billion in 2019, to N9.7 billion in the period under review, making the group to end the quarter with a profit before tax of N28.68 billion as against N17.764 billion. PAT grew by 62 per cent to N25.7 billion, from N15.8 billion. The improved performance was in line with the assurance given by the Group Chief Executive Officer of FBN Holdings Plc, Mr. UK Eke when the company an-

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nounced its 2019 full year results. Eke had said 2020 would be a challenging year, noting however, that FBN Holdings was working hard to minimise the impact on its businesses by activating its business continuity plans thereby preserving the well-being of its employees and other stakeholders. According to him, the bank successfully overhauled our risk management architecture, strengthened its processes by leveraging technology and institutionalising a strong credit

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culture across the lending entities. “These deliberate steps have seen the non-performing loans(NPL) ratio of our vintage book remained below one per cent. In the same vein, we have made significant improvement in our revenue generation capacity with non-interest income benefiting from our market leadership in electronic banking channels. It is also noteworthy to highlight that our investments aimed at improving operational efficiencies and enhancing revenue accretion

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have resulted in higher cost-toincome ratio. The benefits of these investments will be realised in subsequent periods,” he said. Also, the Chief Executive Officer of FirstBank, Dr. Adesola Adeduntan had said as they commenced the execution of a new 2020 – 2022 strategic plan and in line with the realities of providing innovative customer service excellence and generating expected shareholder returns, they reviewed their vision to be Africa’s bank of First Choice

O F

to align with their ambition to optimise returns through customer led innovation and discipline execution. “Within this context, aggressive customer acquisition and excellence across products/ channels/geographies is a priority to enhance revenue streams while we accelerate the drive to reduce overall cost to serve, improve employee productivity, enhance customer experience and maximise operational efficiency,” he said.

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TUESDAY APRIL 21, 2020 •T H I S D AY

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TUESDAYSPORTS

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

Eagles Job: Rohr Confirms Receiving Fresh Offer from NFF Duro Ikhazuagbe With barely two months to the end of the two-year contract terminating on June 30, Super Eagles Technical Adviser, Gernot Rohr, has been offered another fresh two-year deal. Rohr is on a $45,000 monthly salary as Eagles coach. The 66-year old German gaffer confirmed receiving the contract details to a French website girondis4ever.com yesterday. “I just received a proposal for an extension. I will also have to look at it,” Rohr said without elaborating.

The former Girondis Bordeaux coach in the French League was first appointed Nigeria Manager in August 2016. He won his first gamein charge of the three-time African champions against Tanzania in Uyo. Rohr successfully led Nigeria as the first African side to qualify for the 2018 FIFA World Cup in Russia even with a game to spare. He similarly qualified Nigeria for AFCON 2019 in Egypt after Eagles had missed the previous two editions. Super Eagles finished the tournament in Egypt with the

bronze. Although several Nigerians had called for the sacking of the German following the inability of the Super Eagles to qualify for the knockout round from the group stage of Russia 2018, the NFF insisted that the coach was on track and satisfied with the reforms he has brought to

the team. Others sources had told THISDAY that NFF could not afford to sack Rohr as a result of the $1million (about N382million) release clause in his contract. However, it is not yet certain if the federation has again encumbered itself with such a clause in the new deal offered

the German. President of the NFF, Amaju Pinnick had said on Arise TV Morning Show programme recently that Rohr now will need to stay longer in the country and also be paid his wages in Nigeria’s currency, the Naira. He also listed other conditions to include monitoring the

domestic league for fresh talents for the senior national team. It is these new conditions that have created speculations of a frosty relationship between both parties and that, NFF perhaps, was looking for a way to ease the former Burkina Faso coach out of the job.

AFCON 2021 May be Shifted Due to COVID-19 Duro Ikhazuagbe with agency report Super Eagles and other teams playing to qualify for the 2021 Africa Cup of Nations (AFCON 2021) have been told that unless the qualifiers are completed as scheduled, the tournament faces risk of been postponed due to the COVID-19 pandemic. There are still four rounds of group matches to be played in qualifying for the 2021 Africa Cup of Nations, which is set to take place in Cameroon from 9 January to 6 February 2021. Just last month, Super Eagles qualifying match with Sierra Leone scheduled for the Stephen Keshi Stadium in Asaba was postponed along with other games planned for that weekend due to the pandemic which has led to total lockdown in most cities of the world including Nigeria. But President of Senegal’s football federation, Augustin Senghor, told BBC World Service’s Newsday programme yesterday that it will be “impossible” for the 2021 Africa Cup of Nations to take place if qualifying cannot be completed. Senghor said he is “very concerned for the future” and has called for a “world plan” to help reorganise the global football calendar in the wake of the coronavirus pandemic. “We need many FIFA

windows to complete the qualifiers. And if we don’t play in June or in August I think it will be impossible to play the AFCON in January,” Senghor told the BBC. He stressed that the executive committee of the Confederation of African Football (CAF) would need to take a on wether to postpone the tournament. “The executive committee of CAF will have to take a decision which would almost certainly be to postpone. Nobody can do anything if the conditions are not fulfilled. “Nobody in the world can say that in September or November we’ll have won the battle against coronavirus which is why it’s very difficult to give a serious opinion on this matter. But what is important is that in this time we see if we can finalise the qualifiers.” The postponement of football across the globe has also left domestic football in a state of limbo. Senegal’s local competitions just like in Nigeria still need to be completed and Senghor says a joint effort is now needed to help get schedules back on track. “It’s not something only we can decide - we need to have consultation with UEFA and FIFA to know what’s best for football in the world. We have to organise a world plan to postpone or reorganise the football calendar agenda for the next months or the next years.

FIBA Technical Training Postponed Indefinitely The Nigerian Basketball Federation (NBBF), has announced the indefinite postponement of the 2020 FIBA Certification Course for its Table Officials earlier slated to commence on the 27th of April. This is due to the coronavirus pandemic and the resultant restrictions of movements all over the world targeted at stemming its spread. Announcing this on Monday, the NBBF Secretary General, Afolabi-Oluwayemi Olabisi said it was imperative to officially inform all stakeholders about the latest development. “Since the Federal Government has announced suspension of non-essential flights in and out of the country as well as total lockdown in Lagos, Ogun State

and the Federal Capital Territory, it will be next to impossible and socially irresponsible to still go ahead with the training.” Afolabi-Oluwayemi said staying alive is the primary focus for all while other activities have taken the back seat for now until the world gets out of the conundrum. A new date will be announced once there is a clear signal from relevant authorities saddled with combating the novel Covid-19. “For now, we all need to maintain social-distancing. Those having symptoms should be socially responsible and quarantine themselves while they get in touch with the National Centre for Disease Control (NCDC) as we all adhere to the safety health tips”, she said.

Coach Gernot Rohr (right) and his players celebrating the bronze medal at AFCON 2019 in Egypt last summer

Asante Kotoko Facing Relegation over Inability to Pay Fine Ghana’s most successful club, Asante Kotoko are appealing for fans to help with paying a $240,000 fine - one that, if not paid, puts them at risk of relegation. The Porcupine Warriors have been told they have until 10 May to hand over the money for the fine, which followed FIFA’s final verdict on a legal battle with Tunisian giants Esperance over the transfer of striker Emmanuel Clottey in 2015 and midfielder Kwame Bonsu in 2019. If this is not done, Kotoko face relegation to Ghana’s second tier. But with coronavirus having

dramatically reduced the amount of money in football at the present moment, the club are reaching out to supporters to ask for help in making the payment. ‘’Kotoko supporters have always been there for the club in good times and bad time - it is something the supporters have always been doing for the club,” Kennedy Boakye Ansah, Communications Director of Asante Kotoko, told BBC Sport Africa. “The supporters’ leadership have started to mobilise support for the club.” Kotoko were sanctioned by Fifa for breach of contract,

although Ansah claimed that the breach was actually between Esperance and Emmanuel Cottey, with Kotoko as an intervening party. Nevertheless the fine has been placed on the club. ‘It is either Kotoko pays the $240,000 or the player in question pays. As we speak, the player can’t afford that kind of money,’’ said Ansah. The history of the legal battle over Clottey’s move goes back five years, to when FIFA initially fined them $180,000 after the player joined Kotoko ‘’as a free agent’’ while having

an existing contract with Esperance. The Kumasi giants did pay the FIFA fine at the time, defending themselves on the grounds that they were not aware Clottey had a contract with Esperance. So when Esperance signed Kwame Bonsu for $150,000 in 2019, they deliberately failed to pay his transfer fee. Kotoko wrote to Esperance for the transfer fee of Bonsu but the Tunisian side instead referred the matter to FIFA and appealed to the world football body to re-open Emmanuel Clottey’s transfer saga.

Barca, Madrid Set to Shutdown Stadiums to Fight COVID-19 FC Barcelonaand Real Madrid FC are considering closing their respective mega stadiums and opt for mini grounds to complete the rest of the season’s matches and possibly early part of next season. Reports in Spain yesterday indicate that the Catalan side could shut the Nou Camp to spectators for a further 10 months and not open its gates again until February 2021, according to an internal report drawn up by the club. The revelation has been made by Catalan paper La Vanguardia, who have seen documents outlining two possible scenarios for the development of the

financial crisis engulfing football because of the coronavirus shutdown. In the more pessimistic of the two, the current season does not get completed; the transfer window is put back until August 15 and then shuts on September 15 when the 2020-21 season begins. This is the doomsday scenario that LaLiga President Javier Tebas says will cost Spanish football €1billion (£882million). Most alarmingly for Barcelona, in this first possible future, the Nou Camp remains shut to the public until February of 2021. The internal club report also outlines a more optimistic

second scenario, with the season restarting on June 15 and finishing in the second week of August. But even in the second scenario, with football returning earlier and the season being completed, Barcelona are still not planning for fans being back in the Nou Camp before November 15, according to the La Vanguardia report. The coronavirus outbreak has hit Spain particularly badly, with almost 200,000 confirmed cases and over 20,000 deaths recorded so far. It has also contributed to turmoil at the LaLiga giants, with Lionel Messi and his team-mates

being forced into a 70 per cent pay cut and some non-playing staff being put on the Spanish government’s equivalent of furlough. Last week the club announced the restructuring of their board after the resignations of six directors plunged them into crisis. The Catalan giants were thrown into off-field disarray following the mass exodus, which was confirmed in a strongly-worded statement. Club President Josep Bartomeu has been forced to reshuffle the figures at boardroom level while battling against claims from those wanting to replace him in the top job.

Tuesday April 21, 2020

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MISSILE Wike to Security Agencies “We suspect there will be sabotage on the part of the security agencies. That is why we are appointing a task force to man our borders. We owe our people a duty to protect them. There is likely to be sabotage. Our task force will be at the borders to protect our people� –Rivers State Governor, Chief Nyesom Wike, passing a vote of no confidence on security agencies in the state in the fight against COVID-19.

TUESDAY WITH REUBENABATI abati1990@gmail.com

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Abba Kyari: A Death

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