NSIA Allocates 50% of Investments to Infrastructure Fund Considers raising fresh capital for sector in 2020
Nume Ekeghe The Nigeria Sovereign Investment Authority (NSIA) has changed its fund allocation strategy such that the Nigeria
Infrastructure Fund (NIF), which used to be allocated 40 per cent of funds under its management, will now get 50 per cent share. The Managing Director/
Chief Executive Officer, NSIA, Mr. Uche Orji, unfolded the new funding pattern yesterday while featuring on the ‘Morning Show,’ a breakfast programme on
Arise Television, the sister broadcast arm of THISDAY Newspapers. However, while the allocation to the NSIA’s Stabilisation Fund remains
unchanged at 20 per cent, allocation to the Future Generation Fund (FGF) was lowered from 40 per cent to 30 per cent. The implication of this
is that 50 per cent of the $250 million the National Economic Council (NEC) recently approved for the Continued on page 8
Again, Buhari Calls for Special Crimes Courts... Page 5 Tuesday 26 November, 2019 Vol 24. No 8996. Price: N250
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Concerns Mount over Constitutionality of Police Command Appointments North-west tops list with 12 CPs, South-east gets one in contravention of federal character principle enshrined in S14 (3) of 1999 Constitution as amended Abia, 13 others have none PSC pushes for implementation of policy on balance, equality of states Kingsley Nwezeh in Abuja There are mounting concerns over the constitutionality of appointment of Commissioners of Police (CPs) to the 36 states of the federation and the Federal Capital Territory (FCT). While some states have more than three CPs heading state police commands, many others
have none contrary to the provision of Section 14 (3) of the Constitution as amended, which forbids domination of one section of the country by the other. It states: “The composition of the Government of the Federation or any of its Continued on page 8
FG Investigating Alleged Turkish Support for Boko Haram, Says DHQ Kingsley Nwezeh in Abuja A report that Turkey is supplying sophisticated weapons to Nigeria’s terror group, Boko Haram, is receiving attention at very high strategic level of the federal government, the Defence Headquarters told THISDAY yesterday. Egyptian Television, Ten.tv,
cited by CBN News Channel, had recently reported that Turkey was a major supplier of arms to Boko Haram even as Turkish Airlines had also been accused in the past of shipping arms to Nigeria. Saying the reported supply of arms to Boko Haram by Turkey was a serious national Continued on page 8
FIFTY HEARTY CHEERS... L-R: President, Dangote Group, Alhaji Aliko Dangote; husband of the celebrant and CEO Skymit Motors, Mr. Tayo Ayeni; celebrant, Mrs. Adetutu Ayeni; Ogun State Governor, Prince Dapo Abiodun; and Speaker, House of Representatives, Hon. Femi Gbajabiamila, at the 50th birthday party for Adetutu in Lagos...recently mubo peters
Six Arrested over Killing of Kogi PDP Women Leader... Page 5
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Group News Editor Ejiofor Alike Email Ejiofor.Alike@thisdaylive.com, 08066066268
Six Arrested over Killing of Kogi PDP Women Leader Ibrahim Oyewale in Lokoja Barely 24 hours after President Muhammadu Buhari ordered the police to arrest the killer of the Women Leader of the Peoples Democratic Party (PDP) at Ochadamu, Ofu Local Government Area (LGA) of Kogi State, Mrs. Salome Abu, the state Police Command has announced the arrest of six suspects in connection with
the murder. Abu was killed by thugs suspected to belong to All Progressives Congress (APC) on November 18, two days after the governorship election, which the party won. The spokesman for the command, Mr. William Aya, a Deputy Superintendent of Police (DSP), told the News Agency of Nigeria (NAN) yesterday in Lokoja that the
suspects were brought in on Friday. Abu, a former councillor, was set ablaze in her husband’s house at Ochadamu, by hoodlums. Aya said the police had started interrogating the suspects to ascertain their level of culpability. He said the outcome of the investigation would be made public as soon as it
was completed. Buhari had on Sunday demanded a thorough investigation of the murder of the woman leader. He said the killers must be brought to justice irrespective of whatever allegiances they held. Buhari had expressed outrage at the murder, while also decrying whatever reason could spur anyone to take the
life of another human being, particularly a woman. In a statement issued by one of his media aides, Mr. Femi Adesina, the president charged all security agencies involved in the investigation to do a thorough and expeditious job on the matter, so that justice could be served without fear or favour. “We must learn to behave decently, whether during elections or at other times. No life should be taken wantonly under any guise, and the fact that this reprehensible
act occurred two days after voting shows primitive behaviour, which should not be accepted in a decent society,� the president had said. He also sympathised with the family of the deceased and vowed that the law would catch up with the malefactors, while assuring Nigerians that justice would be done. According to Buhari, the treatment visited on the PDP leader was pure criminality and bestiality and a descent to barbarism that has gone out of the realm of politics.
Again, Buhari Calls for Special Crimes Courts Olawale Ajimotokan in Abuja
EGGHEADS AT THE VILLA... President Muhammadu Buhari (left) and Director General of National Institute for Policy and Strategic Studies, Prof. Habu Galadima, during the visit of participants of Senior Executives Course 41 of the institute to the Presidential Villa, Abuja ...yesterday godwin omoigui
Party Chairmen Indict Police, Army over Election Violence Iyobosa Uwugiaren, Udora Orizu in Abuja The Forum of Chairmen of Nigeria Political Parties has indicted the army, police and political elite over the violence and other electoral fraud that characterised the Bayelsa and Kogi States governorship elections. The forum also called for an urgent conclusion of the Electoral Act amendment process, which includes the introduction of electronic transmission of results straight from the polling units to a central database and electronic accreditation figures to ensure that magical and humongous figures are not generated, and to also encourage electronic voting. The forum stated these yesterday in Abuja during a press briefing after a review of the conduct of the elections in the two states. Addressing journalists at the event, which had in attendance over 60 party chairmen, the Chairman of the Action Alliance (AA), Mr. Kenneth Udeze, noted that the
political party chairmen after reviewing the Bayelsa and Kogi States governorship elections came to the “emphatic and categorical’’ conclusion that the elections were serious dent on the progress made so far, in enshrining free and fair elections. "The failure of the elections was not caused by administrative lapses or inefficiency of the INEC, but by the treasonable actions of security agencies: Nigerian Army and Nigeria Police, who compromised the process and aided political thugs to disrupt the entire process and cart away electoral materials," he added. Udeze stated that despite the thousands of security personnel deployed in the two states for the elections, thugs had a field day, particularly in Kogi State, where their activities played a major role in determining who eventually won the election. He wondered why there was no arrest on Election Day by the police to stop the gun-wielding thugs who stormed many polling centres. "The collation centres were
made inaccessible to duly accredited observers and agents of other political parties except those that were allowed by the thugs; while over 35,000 policemen watched helplessly and haplessly,� he said. According to him, while the chairmen of the political parties who are the sponsors of the candidates for these elections desire free and fair elections, the security agents did not live up to expectations. "The Forum of Chairmen of Nigerian Political Parties also concludes that the role of security agencies, particularly the Nigeria Police and the Nigerian Army during the November 16 governorship elections in Bayelsa and Kogi States were largely reprehensible. "Men in police uniforms were seen aiding thugs to carry ballot boxes and other materials from the centres and abducting polling staff," he said. He added that the policemen deployed in Kogi State were either standing by, watching or were active participants guarding the thugs to carry
the election materials and disrupt a hitherto peaceful and well organised process. According to him, ‘’It was disheartening to hear the Inspector General of Police announce to journalists that the police got intelligence about the plans of politicians to sew police uniforms but rather than announce what the police did to checkmate these criminals and even arrest them for possible prosecution, he announced that the police made tags for further identification of their officers. ‘’The Inspector General did not announce anything else the police did. He has since not announced the arrest of any of the persons he referred to as fake policemen who were on the rampage and heavily dented the credibility of the election.’’ The forum insisted that the police boss owes Nigerians explanations on why the policemen in Kogi State were helpless and could not stop the thugs, alleging that security agencies colluded with political thugs at the highest levels.
The need for dedicated courts to try graft cases and other special crimes yesterday formed the plank of President Muhammadu Buhari's advocacy for a reform of the judiciary. He urged judicial officers to work towards the creation of special courts to assist in the speedy administration and dispensation of justice. He spoke in Abuja at the opening ceremony of the 2019 biennial All Nigeria Judges' Conference of Superior Courts. He said: “I will advise that the conference should, in its deliberations, consider how to create an efficient structure for the proposed Special Crimes Courts or the urgent designation of existing courts as Special Courts with competent and credible judicial officers in order to remove administrative bottlenecks in the judicial process.� The president said he was not unaware of the challenges facing the judiciary, over which he had had discussions with the Chief Justice of Nigeria, Justice Ibrahim Muhammad. “The government has been committed to a number of justice sector reforms such as review of extant laws and enactment of new laws that will improve the lives of Nigerians. “Additionally, we have worked closely with the Chief Justice of Nigeria to ensure that judicial budgetary allocations are enhanced in view of the needs of the judiciary. I have strongly supported the increase in number of judges at High Courts, Appeal Courts and the Supreme Court in order to reduce the burden of the work placed on judicial officers. I will continue to do so,� he said. According to the president, his administration is committed to the economic revival of the country, especially by attracting foreign investments as well as fighting corruption and insecurity. He, therefore, solicited the support of the judiciary in this regard. “Economic progress can
only be sustained in an atmosphere of the rule of law where justice is guaranteed. I must therefore express my hope that this conference will achieve its objective of articulating interventions by which this administration’s drive to improve transparency, security, and the expeditious adjudication of commercial, corruption related crimes, including economic and financial crimes matters could be enhanced,� he stated. Buhari told the gathering that the constitutional mandate to check and balance governmental powers among the three arms of government creates the environment for continuous constructive engagement and as such, judges should use the opportunity of the conference to reaffirm their constitutional role as the ultimate arbiters on constitutional and social issues. He also lauded the dedication of the judiciary in the timely dispensation of electoral disputes and urged them to do more. Buhari said: “I am proud to observe that the judiciary both before and after the elections has improved in its ability to conclude election matters in a timely manner. There is still room for improvement and I urge the Chief Justice to initiate a study to understand the challenges of adjudicating election matters and to advise me on the steps that the executive can take to address those challenges. “We are committed to strengthening our democracy by honouring the dictates of the separation of powers among the three arms of government. In this regard, Section 124 (3) Constitution of the Federal Republic of Nigeria, 1999 (4th Alteration), the Presidential Implementation Committee on Autonomy of State Legislature and State Judiciary, which I inaugurated last year, has forwarded recommendations that will genuinely empower the legislature and the judiciary to carry out their respective constitutional roles without interference from the executive.�
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FG Orders for New Equipment to Improve Airports’ Security To eject illegal residents around Lagos airport Chinedu Eze As part of efforts to secure Nigeria’s airports, the federal government has ordered for new technology-based security facilities to be installed at major airports nationwide. THISDAY also gathered that in order to curb incursions into the country’s busiest airport in Lagos from surrounding urban areas of Mafoloku, Beesam, Valley Estate at Dopemu, Akowonjo, Shasha, Ejigbo, Ajao Estate and others, the government is also set to eject illegal residents in these areas and also erect new perimeter fences. The Managing Director of the Federal Airports Authority of Nigeria (FAAN), Captain Hamisu Yadudu, who confirmed this development to THISDAY, said the order for the new facilities followed security breaches at the airports, including the recent incident
where a Nigerien jumped on Azman Air flight at the runway of the Lagos airport. Yadudu said apart from placing orders for some of these facilities, the federal government had also procured more sophisticated scanning security equipment with the latest technology capable of detecting all forms of explosives and narcotics. According to him, the modern x-ray equipment also includes passenger cabin baggage scanners, hold baggage scanners, body scanners and walk-through metal detectors in addition to explosive trace detectors. “This is to make sure that every incendiary device, no matter how small and all prohibited items are identified by the devices. “As we speak, production of the equipment has commenced in earnest in the various factories and delivery date set and on
schedule. The five major international airports as well as the major domestic airports and local airports are to be covered in these initiatives. “The perimeter fences are also not being left out, construction of bi-metal security fence with anti-climb and intrusion detection system is also ongoing in airports like Benin, Ilorin, Owerri, Port Harcourt and Kaduna airports. "The upgrade of the CCTV Surveillance Monitoring Systems is also at an advanced stage of completion; that of Murtala Muhammed International Airport (MMIA) and four other international airports is scheduled for hand over in the last quarter of this year; while efforts are on to provide the same level of coverage for the smaller airports,� Yadudu said.
THISDAY gathered that there are different angles of threats, especially at the country’s busiest airport, Lagos, including incursions from surrounding urban areas of Mafoloku, Beesam, Valley Estate at Dopemu, Akowonjo, Shasha, Ejigbo, Ajao Estate and others. However, the FAAN boss told THISDAY that plans have been completed to eject the illegal residents at the aforementioned areas, adding that new perimeter fences would be erected soon at those areas. He said the agency had been carrying out regular profiling of FAAN’s Aviation Security (AVSEC) regularly to forestall insider threat, which has led to tragic terror attacks in some airports like Sham el Sheik in Egypt a few years ago.
FAAN has also introduced expanded and improved close circuit television (CCTV), intelligence and patrol by security operatives at major airports, he said. At MMIA it has deployed CCTV in every part of the airport terminal and it currently extending the facility to the runway, taxiway and all the surroundings of the airport. "To forestall illicit movement at the restricted areas, security operatives escort arriving and departing aircraft from the terminal to the runway and in addition to that; security moles have been deployed at the airside of the airport to monitor illegal movements of people at the airport and to stem possible security breaches," he added. Commenting on the measures
being put in place to improve airport security, an aviation industry security consultant and CEO of Centurion Securities, Group Capt. John Ojikutu (rtd), said no provision was made for the minimum clearance of six meters from the perimeter fence. He added that houses in these areas are using the airport perimeter fence as part of their properties while there have been cases of intrusion from some of these areas into the Lagos airport. Ojikutu said another major potential security challenge was insider threat in which aviation security officials could be recruited to carry out maximum damage at airport facilities. Continued on page 37
NBS: Capital Importation Dropped by $460m in Q3 James Emejo in Abuja The National Bureau of Statistics (NBS) has revealed that the investment inflows into Nigeria declined by $460million from $5.82 billion in the second quarter of this year to $5.36 billion in the third quarter. The NBS said this in its Capital Importation Report, which was released yesterday. The new report stated that the third quarter inflow of $5.36 billion represented a decrease of 7.78 per cent when compared to the
second-quarter figure of $5.82 billion. The report said the largest amount of capital importation was received through portfolio investment, which accounted for $2.99 billion representing 55.88 per cent of total capital importation. This is followed by Other Investment, which accounted for $2.16 billion or 40.39 per cent of total capital, while Foreign Direct Investment accounted for $200.08 million or 3.73 per cent of total capital imported in the third quarter of this year.
SEEKING PORTS’ SAFETY... L-R: Managing Director, Nigerian Ports Authority, Ms. Hadiza Bala Usman, and Inspector General of Police, Mr. Mohammed Adamu, during Usman’s visit to Adamu in Abuja...recently
FG: Benin Plots to Flood Nigeria with $30m Rice Says N3.5bn goods seized Olawale Ajimotokan in Seme The feud between Nigeria and Republic of Benin over border closure degenerated yesterday as the federal government accused its neighbour of planning to flood Nigeria next month with 105,000 metric tonnes of imported rice. Minister of Information and Culture, Alhaji Lai Mohammed, raised the alarm while addressing a press conference along with Minister of Foreign Affairs Geoffrey Onyeama; Minister of Interior, Rauf Aregbesola; Minister of State for Finance, Budget and National Planning, Clement Agba; National Security Adviser (NSA), Maj. Gen. Babagana Monguno (rtd) and the Comptroller General of the Nigerian Immigration Service (NIS), Muhammed Babandede, when they visited the border outpost in Seme. Mohammed said the government had discovered that presently there were ships berthing in Benin waters and loaded with foreign rice, which would be smuggled into Nigeria for the Christmas period.
The minister listed the loaded ships and their contents as MV Africana Jacana , 40,000 mt; MV Zilos, 20,000 mt and MV Sam Jarguar 45,000 mt. He said it was clear that the destination of the rice was Nigeria given that the shipment was beyond what could be consumed by the Benin population of less than 25 million people. The minister excoriated Benin of concluding arrangements to import rice valued at $30 million from Japan. He also said the federal government had discovered that over time both Benin and Niger had been circumventing the ECOWAS protocol on transit, which requires that when a transit container berths at a seaport, the receiving country is mandated to escort same without tampering with the seal to the border of the destination country. “Unfortunately, experience has shown that our neigbours do not comply with this protocol. Rather, they break the seals of containers at their ports and trans-load good meant for Nigeria,� he added.
The minister accused both Niger and Benin Republic of not doing enough to ameliorate the challenges that led to the border closure three months ago. He said the border closure would not have occurred if Nigeria's neighbours had complied with the various MoUs as well as the ECOWAS transit protocols, including the ECOWAS Trade Liberalisation Scheme (ETLS). ''Discussions on doing legitimate trade between Nigeria on one hand and Benin and Niger on the other, started in 2005. The discussions have led to MoUs in 2005, 2014, 2015, 2016, 2017 and 2018, all designed to facilitating free movement of goods manufactured in their respective countries and work out the modalities through the Ministers of Trade of both countries for the realisation of this objectives. ''It worth noting that there has never been legitimate transit trade between Nigeria and the two countries (Benin and Niger). For clarity, the ECOWAS protocol on transit demands that when a transit
container berths at a seaport, the receiving country is mandated to escort same without tampering with the seal to the border of the destination country. Unfortunately, experience has shown that our neighbours do not comply with this protocol," he stated. He defended the closure of the borders, saying terrorists and kidnappers were capitalising on the porous borders to smuggle in arms and illicit drugs into the country. The minister said 95 per cent of the illicit drugs and weapons being used to perpetrate terrorism and kidnapping in Nigeria arrived through its porous borders. He said the ongoing Operation Swift Exercise and border closure effected by government had led to arrests and seizure of goods worth N3.5 billion. He put the number of illegal immigrants that had been arrested at 296 while some items seized included 38,743 bags of parboiled foreign rice; 514 vehicles; 1,012 drums filled with petrol; 5,400 jerrycans of
vegetable oil; 346 motorcycles; 10, 553 jerrycans of petrol and 136 bags of NPK fertiliser used for making explosives. He, however, said since this partial closure, the acts had drastically subsided. “The partial closure has also curbed the smuggling of foreign rice into the country, in addition to other prohibited items. Our series of interactions and engagements with Rice Miller Association of Nigeria since the commencement of this exercise, has shown that the border closure has enhanced more production and milling of Nigerian rice. "Patronage of Nigerian rice has increased and farmers are expanding their farms as well as engaging more hands. "Furthermore, the border closure has impacted positively on revenue generation of the federal government, which in turn will be used to build more infrastructure and develop critical sectors of the nation’s economy. The border exercise has also curbed diversion of petroleum products from Nigeria to neighbouring countries,� Mohammed said.
Meanwhile some Nigerian traders have decried the hardship caused by the closure. The Chairman, Task Force Association of Nigeria Licensed Customs Agents, (ANLCA), Samuel Igbowu, said over 1,000 trucks belonging to the members and carrying goods with duty paid for have been trapped at the border for over three months. He said most of the members took loans from banks to import, lamenting that the goods valued at N5 billion were not allowed to go in, while they could not sell to recoup their investment. “We are pleading with the government to please allow those that have paid duty to go in and deliver to our warehouses. We are losing money day in day out. We don't have contraband goods here. We have goods like electronics, battery and some of the owners of these goods have died. We have lost over four or five members since this crisis. The loan is there and interest is accumulating on a daily basis,� Igbowu explained.
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PAGE EIGHT CONCERNS MOUNT OVER CONSTITUTIONALITY OF POLICE COMMAND APPOINTMENTS agencies and the conduct of its affairs shall be carried out in such a manner to reflect the federal character of Nigeria and the need to promote national unity, and also to command national loyalty thereby ensuring that there shall be no predominance of persons from a few states or from a few ethnic of other sectional groups in that government or in any of its agencies.� Police sources that spoke to THISDAY yesterday said there were concerns in the force that it was in breach of this section of the constitution, contending that it had become necessary for the police authorities to make amends. A breakdown of the list of commissioners of police in state command positions obtained by THISDAY shows that while Katsina has four slots, 14 other states, including Abia, Anambra, Bayelsa, Benue, Delta, Ebonyi, Ekiti, Enugu, Jigawa, Kogi, Nasarawa, Ondo, Oyo and Rivers have none. It also showed that of the six geopolitical zones, the North-west dominated with 12 of its indigenes in such a powerful position. Of the 12, four are from Katsina State, the home state of President Muhammadu
Buhari, while Kebbi has three, Sokoto two, with Zamfara, Kano and Kaduna producing one apiece. However, Jigawa, the seventh state in the zone has no indigene holding any state command. Trailing the North-west is the North-east with eight of its indigenes in command positions. Of the eight, two each are from Adamawa and Taraba States while Borno, Bauchi, Gombe and Yobe have one each. With seven of their indigenes holding command positions, the South-west came third in order of ranking. Osun has three, while Lagos and Ogun States produced two each. The three other states in the zone, Ekiti, Oyo and Ondo, have none. As for the South-south, three of the five CPs are from Cross River, one each from Akwa Ibom and Edo, while Rivers, Delta and Bayelsa have none. The North-central, with four CPs is next to the Southsouth. Niger, Plateau, FCT and Kwara have one each, while Benue, Kogi as well as Nasarawa have no indigene leading any of the 36 state commands and FCT. At the bottom of the ranking is the South-east, which has only one CP from Imo State.
The other four states in the geopolitical zone, Anambra, Abia, Enugu and Ebonyi have none. The situation, analysts say, makes a joke of the Buhari administration's community policing policy, which places emphasis on localization of the police. “The whole idea is that people who are more knowledgeable about an area are better placed to police the community, hence the indigenisation of the police. Asking a Northerner from landlocked Kano State to head the policing of riverine Bayelsa State turns logic on its head,� an analyst said. Indeed there are deafening complaints in police circles, that the entire mobile police squadrons in the South are commanded by Northern officers. “Does that make sense to you?� a serving senior officer asked THISDAY. THISDAY checks have shown that in a bid to ensure adherence to the federal character principle and adequate representation of the 36 states of the federation in the posting of police commissioners, the PSC is pushing for the implementation of its policy that stipulates that each
state of the federation must produce a commissioner of police heading a state police command at any given time. The policy states that each state must produce a commissioner of police, who must serve at least two years in a command before redeployment. If a particular state does not have an officer of the rank of a commissioner, a neighbouring state that satisfies the requirement may take its place. THISDAY gathered that some states produced many commissioners of police, none of whom is heading any state police command. Said a knowledgeable source: "Some states may have let's say four commissioners of police but none of them would be heading any state command. They may just be at the Admin Department of the Force Headquarters. "It is an existing policy which has not been implemented. We are pushing for its implementation." The source said the policy envisaged that a police commissioner should serve at least two years in such a command before redeployment. “The policy states how CPs should be appointed and tenure. That every state
will have a state command CP. I mean it puts to an end to the practice where one state will produce four CPs while some will have their sons and daughters on CP ranks posted to head admin and other redundant offices. “The policy says that command CPs will now have a tenure of not less than two years and should not be removed unless on promotion, disciplinary issues or death,� the source said. THISDAY further learnt that the PSC is expected to post commissioners as required by the constitution but the policy on state command CPs has not been implemented by the IG. It was learnt that the IG is allegedly frustrating the implementation of the policy. “The policy says the commission will now post CPs to commands as it is stated in the constitution that such posting is an appointment and the responsibility of the commission. “This policy came into effect several months ago but has not been respected by the IGP. Currently many states with officers on CP rank don't have state command CP,� the source said. THISDAY also learnt that most of the MOPOL
commanders posted to the Southern part of the country are from the North, a situation that is at variance with the federal character principle. “The issue of Commanders of Police Mobile Force, PMF is terribly lopsided. This is not in the policy but there is need to spread it so that every state, region should be represented. There is need for federal character in these appointments. Presently, MOPOL commanders in squadrons in the South are northerners,� a security source said. When contacted, spokesman of PSC, Ikechukwu Ani, said the commission had since sent the policy document to the IG for implementation. “I am aware there is a policy on that from the commission. We have since sent it to the IGP,� he said. Force Police Public Relations Officer, Mr. Frank Mba, a deputy commissioner, told THISDAY he was attending a retreat when he was contacted for responses to the constitutional and operational issues raised. Answers to THISDAY enquiry, listing the areas of concerns forwarded to his mobile phones yesterday afternoon were still being awaited at press time.
means 'western education is forbidden', (Haram) was basically doing what ISIS was doing and is notorious for – years before ISIS was doing it", he said. He alleged: "One of the things international observers have been noticing, especially increasingly, is that their armaments, their weapons are very sophisticated. "It's even spilled into the Fulani tribesmen in Nigeria and other parts of Africa. For example, in Burkina Faso, also in western Africa, the attacks on Christians have become horrific in just the last few months." It would be recalled that operatives of the Tin-Can Island Command of the Nigeria Customs Service (NCS), had, in 2017, intercepted a syndicate that smuggled over 1,000 weapons into Nigeria. Another container loaded with guns from Turkey was also apprehended. The Customs, in a statement then, said the guns were found in a 20-foot container marked No. CMAU189817/8. Comptroller-General of Customs, Col. Hammed Ali (rtd), had said the terminal
operator quarantined the flagged container for stricter analysis. “It was transferred to the enforcement unit, where 100% examination revealed 470 pump action rifles as against elbow plumbing plastics on its bill of lading,� it said. “Importer of this deadly cargo is Great James Oil and Gas Ltd, while the vessel is MV Arkas Africa owned by Hull Blyth. This discovery brings to a total of 2,671 rifles seized within the last eight months of this year,� he said. Ali had maintained that “since this container belongs to the same importer of the 1,100 rifles, the ongoing investigation will be reinvigorated to fish out all those directly or remotely connected with these dangerous importers". The report noted that it was the fourth time in a year that illegal arms shipments from Turkey were seized by customs officers in Nigeria. Nigeria Customs Service, had stated 2,671 rifles had been imported from Turkey since January 2017.
FG INVESTIGATING ALLEGED TURKISH SUPPORT FOR BOKO HARAM, SAYS DHQ security issue, Defence Headquarters spokesman, Brigadier-General Onyema Nwachukwu, said the matter was receiving attention at a strategic level. He said though the veracity of the report could not be ascertained immediately, it was nevertheless receiving attention. "The veracity of the claims in the video cannot be ascertained immediately. However, it is a serious national security issue and I believe it is receiving the required attention at the national strategic level," he said. On reports that 500 surrendered Boko Haram fighters, who recently graduated from a deradicalisation programme organised by the military authorities in Gombe State, would be absorbed in the military, Nwachukwu said the narrative was unfounded. "I can assure you that this narrative is mere insinuation as no de-radicalised ex-Boko Haram fighter has been recruited into the Armed Forces of Nigeria and there is no such plan,� he said, explaining: "The de-radicalised ex-fighters are usually handed
over to the government for reintegration into the society after successful completion of their de-radicalisation, rehabilitation and reintegration programme." In a tape posted on YouTube, an Assistant Executive of the Turkish airline, Mehmet Karatas, allegedly told Mustafa Varank, an adviser to the Turkish Prime Minister, Recep Tayyip Erdogan, that he felt guilty over the national flag carrier's arms shipment to Nigeria. "I do not know whether these (weapons) will kill Muslims or Christians. I feel sinful," Karatas was allegedly heard saying. Erdogan later dismissed the tapes as "vile." It would be recalled that in May 2017, the Nigerian government told AFP it had intercepted an illegal arms shipment originating from Turkey and containing 440 pump action rifles seized at the Port in Lagos, five months after a similar seizure, when customs officers had stopped a truck carrying 661 illegal pump action rifles after they had been cleared at the port. “Following intelligence reports, our operatives on
inspected a 40-foot container at the Tin Can port in Apapa, Lagos, and found 440 pieces of assorted pump action rifles and other accessories of the guns,� said Nigeria Customs Service spokesman, Mr. Joseph Attah, adding that the consignment was covered with plaster of Paris to avoid detection. Attah then said an investigation was under way to determine the intended recipient of the illegal shipment and that one suspect had been arrested. Ten.tv's host Nasha't al-Deyhi reported a leak confirming an intercepted phone a few years ago that confirmed the arms deals. "Today's leak confirms without a doubt that Erdogan (President of Turkey), his state, his government, and his party are transferring weapons from Turkey to – this is a shock, to where you may ask – to Nigeria; and to whom? – to the Boko Haram organisation," he said. Speaking during the interview on CBN's Newswatch, Raymond Ibrahim, a Shillman Fellow in Journalism at the David Horowitz Freedom Center
and an expert on the Middle East and Islam, said he's not surprised by the Ten.tv report. "The tape was made in 2014 or 15 and it was reported widely in certain areas, in the US and the west not so much and not much came out of it," Ibrahim said. "The reason I think is that (Turkish President Recep Tayyip) Erdogan didn't have his fingers so much in Islamist politics outside of his own nation. "But now that we've seen Abu Bakr al-Baghdadi, the ISIS Islamic state caliph that was killed recently, and he was found just three miles from the Turkish border, which is, in fact, the last bastion of jihadi-so-called 'freedom fighters' attacking the Syrian government," he told CBN News. "It has brought it up again, he (Erdogan) is supporting ISIS," Ibrahim noted. "Now we're remembering and that was I think the point of the Egyptian show, we're bringing back to see that there's some continuity here. He's involved with some of the worst Islamic terror groups. "If you remember, Boko Haram, whose name loosely
NSIA ALLOCATES 50% OF INVESTMENTS TO INFRASTRUCTURE FUND NSIA would be allocated to infrastructural development. Orji also said with the consistent injection of $250 million in the past three years, the NSIA currently has core equity of $1.75 billion. In addition, by next year, the NSIA would be considering raising capital from the market and third parties. He said: “From the beginning, it was an initial $1 billion and in 2016 and 2017, there was an injection of $250 million each, now there is a new injection of another $250 million. “During the NEC meeting, we reported six consecutive years of profitability. And extensively, this year’s meeting was delayed for
many reasons given that we had published our accounts as far back as May, but it was an opportunity to meet with the shareholders and go through the investments made, profit made, plans for the organisation particularly as we start to focus on infrastructure.� Throwing more light on the change in allocation strategy, Orji said: “It used to be 20 per cent of the Stabilisation Fund; 40 per cent for the Future Generations Fund and 40 per cent for the NIF. “What we said to Council was that for new capital now being injected, the allocation from 20 per cent Stabilisation Fund to 30 per cent Future Generation Fund and 50 per cent NIF. This
now reflects the focus on domestic infrastructure investments from the NSIA.� On what prompted the change in investment strategy, he said: “The switch is driven by the fact that we see opportunities to invest in domestic infrastructure and that is widespread in terms of definition. “One of the areas that are referred to is the social infrastructure like healthcare, education, toll roads, power and gas industries. These are the five key areas we are focused on. “The switch is driven by current needs without which you probably would not be in the position to prepare for the future generation. The savings fund is doing
extremely well and that is somewhere we are confident we would continue to generate profits for the future generations but the two cannot be separated if we don’t address the current generation, we would be struggling to invest in the future generations. “In addition to the core capital we are managing, we are managing other pools of capital for the government, including the Presidential Infrastructure Development Fund as well monies we manage for both the Debt Management Office (DMO) and the federal government in other pools of capital.� Commenting on how the NSIA would deploy the newly approved
$250 million, he said: “Half of that would be in infrastructure and in the five areas earlier mentioned. “We are doing preliminary work on the East- West road and Mambilla and those are still in progress as we haven’t disbursed any funds on those yet nor have we taken any responsibility for those projects yet. “The plans for the Presidential Infrastructure Funds are as follows: a little bit of capital from the federal government, some capital from the NSIA and then the NSIA would raise capital from a third party and this is everybody from pension funds, international investors, local investors and anybody who wants to come into those projects.�
TOP GAINERS LAWUNION JAIZBANK PRESCO NEIMETH CADBURY TOP LOSERS OKOMUOIL CUTIX FBNHOLDINGS
NGN NGN 0.06 0.66 0.05 0.56 0.11 1.25 0.04 0.46 0.03 0.36 NGN 0.06 0.63 0.02 0.23 0.02 0.23 CORNERSTONE 0.04 0.71 LIVESTOCK FEEDS 0.09 2.00 HPE Nestle Nig Plc â‚Ś1,300.00 Volume: 230.65 million shares Value: N3.21 billion Deals: 4,254 As at yesterday 25/11/19 See details on Page 33
% 10 9.5 9.6 9.5 9.0 % 8.7 8.0 8.0 5.3 4.3
TUESDAY NOVEMBER 26, 2019 • T H I S D AY
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NEWS
Buhari: I’ll Not Allow Religion to Divide Nigeria Warns on dangers of neglecting IDPs
Olawale Ajimotokan in Abuja President Muhammadu Buhari has vowed not to allow religion to divide the country. The President also expressed the abiding determination of his administration to forge a strong, united nation from the diverse religious and ethnic communities in the country. This is coming as the President yesterday said the rehabilitation of internally displaced persons (IDPs) in the country was imperative and urgent to avert problems in the future. He made the commitment not to allow Nigeria to be divided yesterday when he received the Tijjaniyya Muslim Religious Movement at the State House. In a statement issued by the Senior Special Assistant to the President on Media and Publicity, Mallam Garba Shehu, President Buhari lauded the prevalence of mutual understanding among
the followers of the two major religions in the country, Islam and Christianity. “It is generally said that differences divide people. We in Nigeria understand that there is no way a misunderstanding can cause division among us. We are one people,” he said. He assured the leaders of the delegation, mostly Senegalese, that the Tijjaniyya religious order was not new to him or to Nigerians, citing specific communities around him who practised its ways. He also commended members of the order for being orderly, peaceful and constructive. “The requirements of our people, whatever religion they follow, and to whatever ethnic group they belong in Nigeria is the same. ‘‘They need security, education and participation in an inclusive economy. On this, we are being very fair to all Nigerians,” Buhari said.
He accepted the prayers of the religious group for his wellbeing and for the peace and progress in Nigeria, while also urging them to convey his best wishes to President Macky Sall of Senegal. Buhari said: “I assure you that I am very close to your President. He addresses me as ‘Baba’’. The Tijjaniyya delegation was led by Sheikh Muhammad Lamin
Inyas, who is the son of one of the greatest Muslim religious leaders in West Africa, Sheikh Ibrahim Inyas. Meanwhile, Buhari yesterday said the rehabilitation of IDPs in the country was imperative and urgent to avert problems in the future. He spoke when he received the President of the 74th United
Nations General Assembly (UNGA), Prof. Tijjani MuhammadBande, at the State House, Abuja. A statement by presidential spokesman, Mr. Femi Adesina, quoted Buhari as saying Nigeria is committed to the provision of education and health care to the young and the old, among other welfare policies. “Most of the displaced children
do not know their parents, or where they come from,” he stated, adding: “We have to look at the issue now; properly rehabilitate them, otherwise, we will have a problem on our hands in the future.’’ He commended the UNGA president for his “hard work and competence” so far and urged him to make Nigeria’s challenges glaring to the world.
Yari Appeals to Zamfara Gov to Release N10m Monthly Allowance Davidson Iriekpen Former Governor of Zamfara State, Abdulaziz Yari, has appealed to his successor, Bello Matawalle, to pay his outstanding allowance and pension. In a letter dated October 17, 2019 and addressed to the governor, Yari said he is entitled to N10 million monthly as upkeep allowance, but that he has only been paid twice since he left office. In the letter obtained by THISDAY, Yari said the law which provides for the entitlement of former governors, deputies, speakers and deputy speakers was amended in March and that it should not be truncated. “I wish to humbly draw your attention to the provision of the law on the above subject matter which was amended and assented to on March 23, 2019,” he said. “The law provides, among
other entitlements of the former governor, a monthly upkeep allowance of N10,000,000 only and a pension equivalent to the salary he was receiving while in office. “Accordingly, you may wish to be informed that since the expiration of my tenure on May 29, 2019. I was only paid the upkeep allowance twice - for the month of June and July while my pension for the month of June has not been paid. “As the law provides, the pension and upkeep allowance are not in the category of privileges that can be truncated without any justifiable reason, hence, the need to request you to kindly direct the settlement of the total backlog of the pension and upkeep as provided by the law. “While thanking you most sincerely for the anticipated positive action, please accept my high regards and esteem.”
Lagos to Restrict Movement of Trucks to Ease Traffic The Lagos State Government has unveiled plan to restrict the movement of heavy-duty trucks in the metropolis during the day so as to ease traffic on the roads. Lagos State Governor, Mr. Babajide Sanwo-Olu, made this known yesterday at the Lagos House, Ikeja, when a team from the Nigerian Breweries Plc paid him a courtesy visit. Sanwo-Olu said that the government had been pushing the trailers off that whole corridor of Iganmu area to ensure that the journey towards Apapa continued to remain free. He said that the state would soon come up with comprehensive plan and decisions on traffic management in order to resolve the gridlock. ”New policies are going to come out in the coming days, on some regulations around movement of heavy
duty trucks, just so that we can manage what time of the day they all get to come in on the roads. ”We cannot begin to imagine 30 to 50 trucks competing during work hours, and so we need to plan out the logistics around it, what time of the day they need to move. ”It is more around how do we resolve traffic movement and traffic flow in all of the places and some very hard decision will be taken. ”The issue is not building more roads, the issue is managing the ones that we currently have, and all of us using them efficiently and effectively. ”The things that don’t need to move during the daytime, we can restrict them to night movement, so that they can free up traffic all around the places,” the governor said.
THE POWERS THAT BE...
L-R: Bishop Sunday Onuoha; Managing Director, SUN Newspaper and author of the book, Onuoha Ukeh; book launcher, Obora Okonkwo; Chairman of the occasion, and Minister of Science and Technology, Dr. Ogbonnaya Onu; and former Governor of Anambra State, Peter Obi, at the unveiling and presentation of the book ‘THE POWERS THAT BE,’ in Abuja... yesterday JULIUS ATOI
Gbajabiamila: House Won’t Promote Laws against Freedom of Expression, Media Iyobosa Uwugiaren in Abuja The Speaker, House of Representative, Hon. Femi Gbajabiamila said yesterday that the Ninth House will neither encourage any legislative agenda that will gang the media, nor stiffle the freedom of information of the citizens as guaranteed by the constitution. The speaker who spoke in Abuja at a public presentation of a book titled “The Powers that Be,” authored by the Managing Director of The Sun Newspapers, Mr. Onuoha Ukeh, said that the House under his leadership sees the media as a veritable partner
in nation building and democratic processes. Represented by the House Committe Chairman on Media and Public Affairs, Hon. Benjamin Kalu, the speaker reaffirmed the House’s commitments towards strengthening the nation’s democratic processes. He however, cautioned media, especially those in the social media, to ensure that the freedom of speech, which the constitution guarantees was not abused. “The Ninth House of Representatives under my leadership sees the media as more than a mere source of news, but as an instrument of unity, peace
and national development. “We consider the media to be the fourth Realm of the Estate , or the fourth Arm of the government with a critical role to play that can sometimes be even more important than that of those in government. “Which is why we have stated this in our Section 2.14 of our legislative agenda. We will partner the media in our joint task efforts for nation building; we will ensure that the freedom of information is strengthened, and the media is not gagged,” the speaker added. He said the parliament would take responsibility to ensure
that the media is not used to perpetrate evil but reinforce afro -positive narratives, adding that as partners in nation building, the media must be a tool to showcase the nation’s strength better than the weakness. He called on the leadership of the Nigeria Union of Journalists ( NUJ) to ensure that its members portray the country in a positive light with their reportage. He also advised that social media influencers should be groomed by NUJ to carry out their trade in information management in such a manner that international best practices would not be compromised.
Court Admits Maina to N1bn Bail in Alleged Money Laundering Charge Alex Enumah in Abuja Justice Okon Abang of the Federal High Court, Abuja yesterday admitted a former Chairman of the defunct Pension Reform Task Team (PRTM), Abdulrasheed Maina to bail in the sum of N1 billion. Maina is standing trial on 12-count charge bordering on alleged money laundering to the tune of over N2 billion preferred against him by the Economic and Financial Crimes Commission (EFCC). Maina since his arraignment has been sick and could hardly attend his trial. Delivering ruling in his bail
application, the trial judge held that bail is at the discretion of the court and accordingly admitted Maina to bail in the sum of N1 billion. Maina in addition is to provide two sureties, who must be serving senators with no criminal record or pending charges. The senators, who must show evidence of tax payment in the last three years, must be owners of landed property in the Asokoro or Maitama area of Abuja. The court also ordered Maina to deposit his international passport, including his diplomatic passport of which must be confirmed by the Nigerian Immigration Service (NIS).
Meanwhile, the Deputy Comptroller General of the Nigerian Correctional Service (Prisons) in charge of Welfare and Medical, yesterday told Justice Abang that Maina is medically fit to face trial. The former pension reform boss after his arraignment on October 25, had claimed that he took ill and was unable to attend his trial. His absence in court on November 13 forced the court to adjourn proceedings with an order on the Deputy Comptroller General of the Nigerian Correctional Service (Prisons) in charge of Welfare and Medical to conduct a thorough examination on Maina, in other to ascertain his health status and
report to the court. At yesterday’s trial, the prosecution lawyer, Mohammed Abubakar, informed the court that EFCC had on November 20, 2019 received a comprehensive report on Maina’s medical status from the National Correctional Centre . Reading from the medical report signed by an Assistant Comptroller General (Medical), Dr. Remi Ojo , the lawyer stated that Maina, 45 years, has slight malaria and high blood pressure. The report stated that Maina was suffering from high blood pressure but it has been brought under control . “Maina’s vital organs are working normal. He is fit to stand trial.”
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NEWS
Court Warns DSS on Consequences of Refusal to Release Sowore, Bakare Serves Form 48 on secret police The Federal High Court in Abuja has warned the Director General of the Department of State Services (DSS) on the consequences of the continued detention of the
convener of RevolutionNow, Omoyele Sowore and his associate, Olawale Bakare (Mandate). The court’s warning is contained in a Form 48 issued
Oshiomhole Pleads with APC Govs to Implement N30,000 Minimum Wage
by the Registrar and served on the DSS yesterday. The document read: “Notice of consequences of disobedience to order of court. “Take notice that unless you obey the direction contained in the order of the Federal High Court of Justice, Abuja made on November 6, 2019, which ordered
you to release the defendants/ Applicants in suit no: FHC/ABJ/ CR/235/2019 forthwith, you will be guilty of contempt of court and will be liable to be committed to prison. “A copy of the said order of court earlier served on you is hereby annexed for your on-the-spot reference.
“This court has been informed that even as at today, Tuesday, November 12, 2019 you are yet to comply with the lawful order of the Federal High Court by refusing to release the defendants/applicants namely: Omoyele Stephen Sowore and Olawale Adebayo Bakare
(Mandate) in your custody. “You are hereby directed to comply with the court order forthwith or you will be guilty of contempt of court.” It was gathered that the document was received at the DSS headquarters by one Tina James.
FG committed to improving welfare of Nigerians, Buhari insists The National Chairman of All Progressives Congress (APC) National Chairman, Adams Oshiomhole, has pleaded with all APC state governors to implement the N30,000 minimum wage and the consequential adjustments. This is coming as President Muhammdu Buhari yesterday restated that the federal government was committed to improving the welfare of Nigerians. Oshiomhole made the plea yesterday in Jos at the federal governmentProgressives Governors Forum parley in Jos. “As progressives, let us be the first to pay the new national minimum wage and not just the wage but also the consequential adjustments arising from it. “Already, there are some proactive progressive governors that have taken steps to address this. “I plead that you give this a priority, because when other governors are fighting whether or not to pay, you will say that progressive governors have paid. “Where there is will, there will certainly be a way,” he said. The APC national chairman also called on the APC governors to
support border closure by the federal government. He said that Nigeria’s borders should remain closed until neighboring countries follow the protocols of fair trade. Oshiomhole in an interview with journalists, also lent his support to financial autonomy for local governments in the country. He said that local government autonomy was not negotiable. According him, just as the federal government does not control state governor on how to manage his money, so should the state governors allow the local governments to function. He added that local governments should be allowed to operate the same way states operate with the federal government exercising oversight function. “Local governments should be autonomous, but autonomy doesn’t mean there should not be oversight. “The same way the federal government goes after a state governor that breaks the financial rule, the same way state governor should go after local government that mismanages revenue that accrue to it,” he said.
House to Consider Finance Bill Tomorrow Adedayo AkinwaleínAbuja The House of Representatives has revealed that the Finance Bill would be laid on the floor of the House tomorrow for consideration. It also said the bill would determine the federal government’s ability to fund the 2020 budget. Speaking yesterday at the public hearing of Nigeria Tax and Fiscal Law amendment Bill (the Finance Bill), 2019, the Speaker, Femi Gbajabiamila, said the bill is an important piece of legislation, deserving of thorough consideration and logical debate by the parliament, which is for the best interests of the people. Gbajabiamila, who was represented by the Deputy Majority Leader, Peter Akpatason, said they have a responsibility as legislators to meticulously review and examine every aspect of the bill to ensure that they produce a legislative document that is clear in its objectives, thoughtful in the mandates it imposes and reflective of the best aspirations of all the citizens. He added that the public hearing moved the House closer to such laudable objective by providing an opportunity for citizens and legislators to jointly
consider the contents of the bill. According to the Speaker, “The Tax and Fiscal Law (Amendment) Bill, which we have gathered here to consider and to contribute to, will determine among other things, our ability as a country to fund the 2020 budget; meet the obligations of government and implement policies to build infrastructure, tackle insecurity, grow the economy, and provide jobs that pay a living wage as well as lift families out of poverty.” Gbajabiamila said it was expected that over the course of the public hearing, citizens would advance ideas and make recommendations that would improve the quality of the legislation and ensure that varied interests and considerations of all Nigerians are taken into consideration before final enactment into law of this essential legislation. Earlier, the Chairman of House Committee on Finance, Hon. James Faleke, said the highlights of the bill among others, included excess dividend tax to apply only to untaxed distributions other than the profits specially exempted from tax and franked investment income and small businesses with turnover less than N25 million to be exempted from Companies Income Tax (CIT).
CELEBRATING AFRICAN MUSIC…
L-R: Head of Culture, African Union Commission, Angela Martins; wife of Managing Director, EcoBank, Mrs. Eva Akinwuntan; her husband, Mr. Patrick Akinwuntan; and Minister of Information and Culture, Alhaji Lai Mohammed, at the 6th edition of the All Africa Music Awards, AFRIMA in Lagos…recently
Malabu Oil Deal: I Did Not Demand or Collect Any Bribe, Jonathan Restates Chuks Okocha in Abuja and Dike Onwuamaeze in Lagos Former President Goodluck Jonathan, has restated his innocence regarding the allegation that he betrayed Peoples Democratic Party (PDP) in the recently held governorship election in Bayelsa State in order to cover up his alleged complicity in the controversial Malabu Oil and Gas deal. Jonathan noted that it is important to reiterate that he did nothing wrong as far as the Malabu deal was concerned and “therefore, doesn’t need to cut a deal with anybody within or outside Nigeria.” He made this statement following the allegation by former Governor of Adamawa State, Sule Lamido, that he traded PDP’s victory in the governorship election in Bayelsa State to the All Progressives Congress (APC) in order to escape being investigated in the controversial oil deal.
In a statement issued by Media Adviser to the Former President, Mr. Ikechukwu Eze, Jonathan countered Lamido’s claim thus: “It is important to establish at this point that Mr. Lamido probably knows very little about the Malabu case, for which he was not supposed to have commented blindly. In the first place, the Malabu oil block was not given out by Jonathan. It was a deal that was sealed during the time of late Head of State, Gen. Sani Abacha. “We feel that Mr. Lamido is in a position to know that the business of oil exploration has an international dimension, as such, it is clear that it is not only the Nigerian government that is looking into the Malabu case. If that is the case, he should also have known that there are at least three other countries outside Africa that are investigating the matter. Assuming without conceding that the former President Jonathan is culpable as
Lamido alleged, would a trade-off deal with the Nigerian government also free him from blame in other countries like Italy, United Kingdom and the United States? “His Excellency Goodluck Jonathan is convinced that Mr. Lamido’s awkward intervention in this matter was deliberately designed as a form of blackmail. Having tried many other ways to discredit the former President to no avail, Mr. Lamido is now scheming to project Malabo as Jonathan’s Achilles heel. Here again he has failed because the true story of Malabo is already very well known to Nigerians.” Jonathan argued that Lamido’s comments were grand design to confuse, deceive and cover up the truth. The former President recalled that PDP lost Jigawa State, where Lamido held sway as PDP’s governor for two terms, to APC. “Is he (Lamido) then telling Nigerians that he cut a deal with APC, helped the ruling party to
procure victory at the polls and take over his state?” Eze added: “The fact is that it is not only in Bayelsa State that the country had experienced such a situation where PDP or even APC had lost elections to another party. Holding Jonathan responsible for PDP’s loss in Bayelsa without first investigating the issues that determined the fate suffered by the party in the state is not only disingenuous but also detrimental to the image and aspirations of the party. “It is true that Jonathan who is a former deputy governor and governor of Bayelsa States as well as former vice president and president of this country is well loved and respected by his people. However, it will be tantamount to playing God for anybody to expect that the former President should command a vice-like grip on every Bayelsan in all the local government councils in his state.”
Allen Onyema: Forensic Accountant Cautions against Sensationalism In the wake of allegations against aviation businessman, Allen Onyema, an international forensic accountant, Prof. Emmanuel Emenyonu, has cautioned the public against being swayed by unproven allegations. In a statement issued yesterday to journalists in Lagos, Emenyonu called on the public to follow the matter without emotions, knowing that the accused is innocent
until convicted by a properly constituted court of law. According to him, “Surprisingly, huge outburst have greeted the money laundering accusations against Allen Onyema, Chairman, Air Peace, which is steeped in verbosity and decorated in the garbs of flowery hollowness.” He further posits that “tossing out charges of money laundering, without proof only predicates
crime, which makes it a low hanging fruit for sensation seeking authorities.” He argued that the US Attorney in Atlanta, Georgia is fully aware that prosecution cannot be done in the media. According to him, it is clear that smearing the reputation of an international businessman is cheap. “They should concentrate on convincing the court of law on
the veracity of their allegations instead of mere smear campaign against an illustrious Nigerian,” part of the statement read. He called on Nigerians to demonstrate patriotism, sound scrutiny of issues and commitment to supporting fellow Nigerians. He was optimistic that in the coming days, the innocence of Onyema would be proven with evidence at the court of law.
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COMMENT
Editor, Editorial Page PETER ISHAKA Email peter.ishaka@thisdaylive.com
ECONOMICS, NIM LECTURE AND DISRUPTIVE CHANGE The economy must be such that there are alternatives in both supply and demand, writes Victor C. Ariole
The dilemma of Africa‌ is the incidence of a “premature dis-industrialisation where the path of growth which run from agriculture to industry then to service and ultimately to digitalization seems to have broken down. ‌ Prof. Ezike, Unilag
F
or Ezike, Africa fails to be proactive on quick thinking for alternatives; and Soludo goes to the extreme for his call on disruptive change which is always like breaking from the past like his re-capitalized banks that wrecked down many nominal shareholders and created fictitious rich owners. I have an uncle, first set of University of Nigeria’s Economics graduate where Soludo made first class, who just past on last week, Clement Okpara. The way he presented economics to me as a child still lingers in my mind; viz: When there is no sufficient cassava, cocoa yam is the alternative and when there is no butter, crush groundnut serves as purpose. In effect the language to be spoken to a child was what he used and today I see it as economics being the study of constantly, and proactively, seeking for alternative of any usable or consumable item. And for Finance, Prof. Ezike, occupying the chair of UBA in Unilag in his lecture, on the 19th of November, sees it as ever alternative repackaging of your beauty as a country so as to attract foreign investors who are always looking for alternative ways of making profit, either significant or insignificant profit depending on the beauty, risk wise, of the country that attracts them. On the same day, earlier on, one was at the Nigerian Institute of Management as one of the Fellows invited to listen to the Vice Chancellor of Niger Delta University, Professor Samuel Gowon Edoumiekumo on “59 years of the Nigerian Economy: Matters Arising�. The lecture centered, basically, on missed opportunities from 1960 to date; that is, not knowing the next alternative that could be relatively sustained while visioning for another alternative. According to the lecturer with graphs displayed, it has been all along, in Nigeria, leading on hand-to-mouth visioning. In effect whether comparative advantage or market forces, the lecturer insisted on the fact that functional education that would have prompted the migration for another functional alternative ways of keeping our economy going had always been missing except in cases where the free education introduced by Awo and Jakande anticipated what people like him had enjoyed living in the western part of Nigeria. And it says what constant reform of the curriculum, to anticipate where the world is heading, is important. When the leaders of the leading nations like USA and Russia thought of alternative to energy resource, they moved on to space exploration with the available resources to them as well as remake the education process to accommodate space exploration discoveries like internet, solar energy, etc., and igniting the search for helium which is another new energy but greatly stored in the moon sphere. So, even if you intend to manufacture aeroplane, it is not a specific country located manufacturing activity, like the space exploration is never one-
NIGERIA’S ENORMOUS HUMAN RESOURCE IS NOT TO BE RESTRAINED FROM EFFECTIVE USE OF KNOWLEDGE POWER FOR ALTERNATIVE PURSUITS
country affair. You source the components form different countries and use your knowledge of entrepreneurship to assemble or gather knowledge for it. This is where Nigeria ought to lead in Africa to contain the dilemma Ezike expresses as border closure is inimical to that entrepreneurial spirit. As all around Nigeria, the Francophone African countries see Nigeria as the leader that can move them partially out of euro-dependence if not totally. How would Nigeria be asserting its great human resource if it can’t handle the enormous opportunities that ECOWAS presents? Houphonet-Boigny asserted it when CĂ´te d’Ivoire was in his hand by strengthening UEMOA – Union Economique et Monetaire des Etats de l’Ouest Afrique – as he encouraged free movement of trade and labour upon which he even created a town for cheap workers from Burkina Faso in CĂ´te d’Ivoire. That Union endures informally or unconsciously till today notwithstanding ECOWAS. It is a leverage for the entrepreneurial spirit of Cote d’Ivoire among its francophone peers. Mali, Senegal, Burkina Faso, Benin, Togo, and even closer to Nigeria, Niger adhere to it. When the V.C. of NDU claimed he endorses border closure, I shuddered because it is akin to the analogy he gave of poor Deltans who rejected pipe borne water provided for them because it makes their children always available at home, and negates the elders’ targeting them being far away, fetching water in the streams, so as to allow them mate at such time; as they all, children and parents live in a clustered room. Like Prof. Ake Claude once said, each community must be involved when a given or perceived development plan is supposed to be embarked for them. Functional housing was their immediate need before other needs. Just like “militarilyâ€? closing Nigerian borders when the civilians that see such borders as mere artificial boundaries do not adhere to it. Their need like the anachronistic attitude of the leaders is immediate food; hand-to-mouth economy. Check out Niger Republic and Nigerian side of the border and see whether it is ever working and know also that Niger Republic is part of UEMOA hence a futile exercise. Nigeria’s enormous human resource is not to be restrained from effective use of knowledge power for alternative pursuits. Many Nigerians, especially the educated ones, needed to stray into other African countries and repatriate funds for Nigeria’s development, after providing great knowledge-base service or industry for them. In all, Clement Okpara’s economics remain valid; ever search and constant research on alternatives even re-adapting your brain performance for alternatives like the Nigerians in the Diaspora, doing and repatriating almost what makes those of us in Nigeria look unproductive. I know Nigerians who studied Arts courses in Nigeria and are now Health Services officials out there; they seem more adaptive to Clement Okpara’s economics than to anyone of the brands our leaders are prophesying now. Nigeria’s economy must seek for alternatives in both supply and demand, using brain processes to create them in Africa. Ariole is Professor of French and Francophone Studies, Unilag
SOWORE: SHORT OF SURETIES? Abiodun Gboyega writes that Sowore will be let out if the bail conditions are perfected
“
Considering the pedigree of the first defendant as observed in his application, it is rather unfortunate that no one is willing to stand as his surety on those terms. On the other hand, it creates an assumption that despite the pedigree of the first defendant, none of his best associates is willing to stand for him. This poses a cause for concern.� Those were the candid words of Justice Ijeoma Ojukwu, the judge who presided over the case of Omoyele Sowore, while ruling on the application for variation of conditions for his bail after observing that he had not met the bail conditions granted to him. It is intriguing that this noteworthy comment was not as widely reported in the media as one would expect, especially in the context of the on-going sensationalized coverage of the issue of alleged refusal of the DSS authorities to release Sowore on bail in compliance with court order. Equally remarkable is the loud silence of the usually vociferous lead counsel to Sowore, Femi Falana, on the issue of Sowore’s sureties whose identities and whereabouts remain a mystery to the general public. Even supposedly well-informed commentators and newspaper editorials have continued to denounce the DSS for holding onto Sowore, deliberately ignoring its spokesman’s repeated unequivocal reference to the routine and
logical due process requirement for those who stood as sureties for Sowore to come and be on record to receive him on bail from DSS custody. In the ensuing melodrama that climaxed when a busload of Sowore’s associates attempted to demand his release in a protest at the DSS headquarters in Abuja, Femi Falana consistently evaded the needful role of Sowore’s sureties in taking over responsibility for him on bail from DSS custody. Instead, he resorted to sending lawyers to the DSS and repeating accusations that the DSS was defying court order for release of Sowore on bail in response to which the DSS spokesman retorted: “Sowore was granted bail and we say that he is in our custody. Do we bring Sowore out to the gate and ask him to go?’ What if Sowore was going on the road and he was knocked down by a car? People who should take Sowore and do proper documentation have not come up until now�. Interestingly, the Punch on November 4 quoted Inibehe Effiong, one of Sowore’s lawyers saying “we are in the process of perfecting his bail� in a report that Sowore had rejected an offer by Apostle Johnson Suleman, President Omega Worldwide Fire Ministries to stand surety for him even though Sowore himself, using a phone given him by DSS, told Premium Times from custody, that the demand for his sureties was an attempt to
intimidate them into pulling out, adding “their aim is to intimidate my sureties by subjecting them to undue maltreatment�. From all indications, there is no assurance regarding the status of Sowore’s sureties in the public domain except for the undisputed fact that they have not turned up at the DSS headquarters to receive him on bail. Notwithstanding Femi Falana’s insistence on the supposed legality of DSS handing him over to his lawyers, the precedence set in the case of Nnamdi Kanu of IPOB, who was bailed by his well-known sureties before escaping from the country and jeopardizing his sureties, would definitely serve as a forewarning to the DSS against disregarding the responsibility of the sureties as endorsed by the court. It would also serve the cause of public interest and accountability better if the Sowore sureties would rise to the occasion by speaking out, if not showing up, to explain their hesitation or refusal to do the needful for Sowore in his hour of need, rather than leaving the matter in a contest of convincing contentions that the DSS is clearly on top as long as the sureties remain in the shadows. Merely shifting the arena from the court to the media has not played out as a legal leverage in favour of the main issue of getting Sowore out on bail which should be the ultimate objective of Femi Falana and his learned colleagues. The propaganda dividend
that seems to massage the bloated egos of the human rights and pro-democracy “activists� as they maraud the politicians’ paradise is grossly devalued by lack of grassroots sureties and soon fizzles out as both Sowore and Falana know from aborted presidential and governorship ambitions respectively. Justice Ojukwu’s concerns as to why Sowore was having challenges in getting sureties, either considering or despite his pedigree “as observed in his application for bail� should have been overcome by now especially by “his best associates�, none of whom was willing to stand for him. It is odd for a former presidential candidate who has conjured a larger than life impression of his popularity to be left in the lurch in the manner described by Justice Ojukwu. Mercifully, the DSS custodial hostels are comfort zones and Sowore had been accorded respect and courtesy enjoying access to people and use of facilities like telephones, gymnasium, television, newspapers and medical treatment while his sureties (and lawyers) sort themselves out. Meanwhile, it is no less a matter of concern that even out of circulation, Sowore is stirring the political atmosphere in the country with a make-believe fiasco over sureties that cannot be identified and will not even join in accusing the DSS of defying “lawful order� to let them take him home! Gboyega wrote from Lagos
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T H I S D AY ˾ TUESDAY, NOVEMBER 26, 2019
EDITORIAL THE CHALLENGE OF POLICING NIGERIA The police must be properly equipped for optimal performance
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he pervading bitterness following the bungling of last week’s governorship elections in Kogi and Bayelsa States, no doubt, will further chip away at the image of the country’s foremost internal security organisation – the Nigeria Police Force. The conduct of the police during the elections was so flawed and dishonest, a serious dent on their professionalism. Indeed, the Forum of Chairmen of Nigeria Political Parties condemned the role of security agencies, particularly the police, as reprehensible. “Men in police uniforms were seen aiding thugs to carry ballot boxes and other materials from the centres and abducting polling staff”, the Forum said. “The Collation Centres were made inaccessible to duly accredited observers and agents of other political parties except those that were allowed by the thugs; while over 35,000 policemen watched helplessly.” However, the challenge of policing Nigeria is beyond their periodic roles during elections. Since after the civil war, never had the security THE PRESENT of the nation degenerRECRUITMENT DRIVE ated to the present level. IN THE POLICE IS BUT From armed robberies, A FEEBLE ATTEMPT kidnappings to ritual killings, genTO STRENGTHEN THE CAPACITY OF THE 370,000 eral banditry and other cocktail of criminal OFFICERS AND MEN, activities, Nigeria is MANY OF WHOM ARE SECONDED TO PERFORM a country virtually at HOUSEHOLD DUTIES FOR war with itself. The situation is aggravated THE RICH AND POWERFUL by the decade-long IN SOCIETY brutal Boko Haram insurgency in the North-east resulting in widespread and indiscriminate maiming and killings of many law abiding citizens and the displacement of millions of others. Besides, the frequent clashes between herdsmen and farmers over grazing areas, particularly in the North-central of the country, have further stretched the law enforcement agency. Yet the police whose officers and men are supposed to be at the epicenter of restoring law and order across the country are seriously handicapped and almost incapable
Letters to the Editor
of performing its onerous constitutional responsibility. The police are not only ill-trained and ill-equipped for their onerous duty of fighting crimes and criminality, but are undermanned and indeed, underpaid. The general appearance of the average policeman says much about his welfare. They are not well provided for, a serious handicap which aids corruption. Thus the security of the nation is more or less entrusted in the hands of hungry men. They are easily overwhelmed and outgunned by sophisticated criminals as they lacked modern gadgets and equipment needed to meet the challenge of the present day policing, in addition to conducting diligent investigations that would lead to diligent prosecution and eventual convictions of criminals.
I T H I S DAY EDITOR BOLAJI ADEBIYI DEPUTY EDITOR YEMI AJAYI, DAVIDSON IRIEKPEN, MANAGING DIRECTOR ENIOLA BELLO DEPUTY MANAGING DIRECTOR KAYODE KOMOLAFE CHAIRMAN EDITORIAL BOARD OLUSEGUN ADENIYI EDITOR NATION’S CAPITAL IYOBOSA UWUGIAREN MANAGING EDITOR JOSEPH USHIGIALE
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THE KOGI AND BAYELSA ELECTIONS
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he much-talked November16, Kogi/Bayelsa elections have come and gone. Expectedly, the winners were announced by the Independent National Electoral Commission (INEC) amidst hue and cries. I think the battle will be shifted to the courts. In Kogi State, Governor Yahaya Bello, who wanted a second term, was declared the winner. Although, the candidate of PDP, Mr. Musa Wada and his party are said to have rejected the result of the poll, INEC has since issued the certificate of return to Governor Bello. Notwithstanding the pockets of violence, ballot snatching, votes buying and other malpractices that characterised the polls, President Muhammadu Buhari has congratulated Yahaya Bello and described his re-election as well deserved. In Bayelsa State, the outcome of the election has surprised many Nigerians and even political pundits. In the past 20 years, Bayelsa has remained a PDP state. However, with the emergence of David Lyon of APC as governor-elect, the ruling party has gradually reared its head in South-South states which in the previous elections proved a no-go-area. Now, Bayelsa State has become an APC state. But the outgoing governor, Seriake Dickson, as reported from various quarters, should share the blame for the PDP resounding defeat at the poll. The failure of PDP to win the election was a selfinflicted problem carefully hatched by Dickson. It is reported that he imposed a candidate and failed to carry other party stakeholders along. There are numerous lessons from the just concluded polls. One, election in Nigeria is still a do- or- die affair. Both in Kogi and Bayelsa States, there are reported cases of disruption of elections by
ndeed the present recruitment drive in the police is but a feeble attempt to strengthen the capacity of the 370,000 officers and men, many of whom are seconded to perform household duties for the rich and powerful in society. At recent public lecture titled, “Perspectives on Security Challenges in Nigeria from 1999 to 2019: The Way Forward,” in Lagos, Ekiti State Governor, Dr Kayode Fayemi said that the police, as the traditional and age-long security outfit, were being relegated to the background for lack of necessary tools needed to effectively carry out its duties while the military was being elevated with provision of the state-of- the- art facilities and equipment. “From a strategic point of view,” said Fayemi, “it is necessary that the military’s role as an elite specialist weapon of last resort be fastidiously preserved while we leverage other resources and tools that are part of the security sector’s arsenal. This means re-tooling, re-training and re-arming the police force –much neglected in the scheme of security planning and recognising their premier role in the field of law enforcement and the first line in national security management.” The decentralisation of the police structure will further enhance its effectiveness in performing its constitutional duty of protecting lives and property. The ineffectiveness of the present structure is attributed partly to the long wait for Abuja for clearance on some issues demanding immediate attention. This has prompted many agitations across board for community policing for effective handling of internal security challenges. For now, it seems the best bet as effective policing demands trust and intelligence.
sponsored political thugs. The Centre for Democracy and Development (CDD), in its reports, has put the death toll of over 10 people in Kogi State alone. Even after the election, it was reported that a PDP’s women leader was set ablaze and gruesomely murdered by suspected political thugs. The desperation of our politicians to win election at all costs has continued to pose great challenges for the growth and development of our fledging and nascent democracy. We keep pointing accusing fingers at the umpire for its imperfection or shortcoming, but fail to remind our politicians that election should not be a matter of do- or -die. There is the need to play the game according to the rules. Sadly, in the last elections, our politicians had failed to conduct themselves within the ambit of electoral laws. Second, it seems performances which should serve as a requirement for electing our leaders have been discarded. While in developed democracies, political leaders are elected based on their track record of services delivery, in Nigeria the reverse is the case. It might have surprised or annoyed you to have noticed one particular governor who was the director of campaign kneeling down during campaign and apologising to the electorate on behalf of a candidate. Based on this statement, does it mean the electorate should continue to elect leaders even if they failed to discharge their constitutional responsibilities? With the conduct of Kogi and Bayelsa elections, it appears that our democracy is still in rudimentary stage. With the reported cases of violence and other electoral malpractices that marred the polls, it has shown that unless we change our attitudes, the 2023 elections would be worse than the previous ones. Ibrahim Mustapha, Pambegua, Kaduna State
PROSCRIPTION OF KEKE IN ABUJA
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ithout mincing words, I personally consider the ‘unofficial’ proscription of Keke business in the Federal Capital Territory (FCT) as an afterthought. The ban directive itself, apparently orchestrated by the federal government, is ill-motivated, illogical and grossly absurd. It would be recalled that many Abuja residents penultimate Tuesday woke up to the shocking news that commercial tricycle activities had been “abolished” in some parts of the city. One can safely conclude that with the FCTA authorities’ directive, the Keke ‘guys’ have been declared as persona non grata by those behind the prohibition. Already, FG which (though, openly has not) announced the suspension of Keke business, has maintained that their activities are constituting a nuisance to several parts of the nation’s capital. It further noted that the wave of crimes has surged in Abuja (lately) no thanks to some ‘deviant’ and criminal-minded Keke riders. These Keke riders, the government believes, are the ones perpetrating all sorts of heinous activities: car theft, One-chance operation, robbery, ritual killing. So, the decision to outlaw their activities in major parts of the FCT is justifiable and not tyrannical. But in a swift reaction, Austin Apeh, and Chairman, Welfare Enforcement in FCT, Thomas Danjuma, told journalists in Abuja during a recent protest that they are set to go to court. What for? To know whether FCTA got the legislation from the National Assembly before clamping down on their members. But in the meantime, they are asking the government to disband the FCT Ministerial Joint Taskforce on Keke in the interest of peace. This is the time when FG should devise ways to alleviate the suffering, while also cushioning the hardship of Abuja residents, and other Nigerians. It should not be the time for introducing anti-masses policies, directives or programmes. Is it not the height of ‘cluelessness’ for FG to criminalize Keke business without providing a palliative for the affected youths? Usman Aisha Shuaibu, Mass Comm Dept., Ibrahim Badamasi Babangida University, Lapai, Niger State
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TUESDAY NOVEMBER 26, 2019 •T H I S D AY
TUESDAY NOVEMBER 26, 2019 • T H I S D AY
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TUESDAY, ÍşÍžËœ ͺ͸͚Π˞ T H I S D AY
SPECIAL REPORT ON POLICING
Policing 21st Century Nigeria, Police’s Daunting Challenge Rising violent crimes, including Kidnapping for ransom, cattle rustling, herdsmen attacks on farmers, inter-ethnic and religious strife and armed robbery have combined to beam the searchlight on the police, raising the question of the capacity of the police to secure Nigerians, write Chiemelie Ezeobi and Kingsley Nweze
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he argument has been that with the population of close to 200 million people policed by 371,800 policemen, Nigeria is under-policed. Policing in Nigeria is beset with many challenges. Presently, the crime statistics is frightening. At the last count, at least 10 people are kidnapped daily across Nigeria. Going by police records, 685 kidnap cases occurred in the first quarter of this year, an average of seven per day. Kidnappers demand between $1,000 to $150,000 as ransom. These figures are, however, debatable as media reports of kidnapping on a daily basis indicate that the rate is higher. There are other criminal activities notably, armed robbery, murder and cybercrime. But a recent report by Rita Abrahamsen and Michael Williams of the University of Wales argues that the staff strength of the Nigerian Police more than meets UN’s recommendation with a police-to-citizen ratio of 1 to 400. They contend that Nigeria is “over-policed and undersecured.� The report says police officers are “often unable to enforce law and order.� It says Police are themselves the source of insecurity by engaging in “criminal activities, particularly corruption and extortion.� But many watchers of policing in Nigeria believe that the police are beset with many problems that are hindering its efficiency.
Funding The major challenge facing the law enforcement agency is funding. Generally, the police lack operations vehicles. Most times, state police commands access operational vehicles, other than the few ones provided by police authorities, through donations by state chief executives.
Forensics The core issue in crime detection and prevention is the use of forensics as it concerns data capture and finger print analysis without which crime fighting cannot be effective. Police is still far from accessing this allimportant tool at its full functionality.
Equipment The issue of adequate fire arms and other related equipment is still a far cry. The situation recently led to a call by stakeholders for the implementation of the Police Trust Fund Act assented to by President Mohammadu Buhari six months ago. In a chat with THISDAY, Police spokesman and Deputy Commissioner of Police (DCP), Frank Mba, said: “From the word go, this trust fund is actually designed to advance the interest of the police and by extension the security and safety interest of the nation. When you have an effective and efficient police force, a motivated and well-equipped police force, you bequeath automatically a secured public space, a better placed environment, a more secured atmosphere and these are all the things we are expecting the coming into being of the trust fund to help us in achieving.�
Partisanship Constitutionally, the primary reasons that the police exist are to serve and protect the citizens. But in Nigeria, decades of rot without deep reforms have turned the policing outfit into a bulldog for its master. As cliche as the saying 'he that plays the piper, also dictates it's tune', might sound, it also holds true for the Nigeria Police. For long, the police have been seen as a political tool for the taskmasters to unleash on their perceived enemies. Without gainsaying, the integrity of the Nigeria Police has been eroded by the ineffectiveness and inefficiency in their constitutional responsibilities to the society. This has brought to the fore the danger inherent in centralising operational control of the police in the hands of the president. As rightly pointed out by many security analysts, the only way out is to ensure a clear-cut separation of powers between the government, in this case the president and the police.
Nigeria Police According to Ibrahim Jibrin, director, International Human Rights Law Group in Nigeria, and previously an Associate Professor of Political Science at Ahmadu Bello University, for law enforcement agencies to continue to play their constitutional role, however, it is imperative that they are not used in a partisan manner. He said once they are pushed into partisanship, they lose their neutrality and can easily become actors in the political game. He went on to add that the Nigeria police face a political and constitutional dilemma because of the constitutional provisions, which place the control of the police on the shoulders of an elected executive president who is also the leader of his political party. Quoting Section 215 of the 1999 Constitution, he said it gives powers to the president, acting on the advice of the Nigeria Police Council to appoint the Inspector General of Police. On the flipside, he said under sub-section 3 of section 215 of the same Constitution, the president is also empowered to give lawful directives with respect to the maintenance of law and order to the IG and he shall comply or cause them to be complied with. Harping on the balancing clause that the presidency often neglects, he said there is an equivalent provision in section 215 (4), which creates such relationship between a state governor and a commissioner of police. He noted that in today's order, it's often disregarded, at least for governors that are in the opposition. As unattainable it might seem, the federal government should in the interest of democracy use the police constitutionally and within the ambits of the law. For policemen, their loyalty must first be to the country and not to the president, even though his appointment was sanctioned by the presidency. It's only when these ethos play out that the unwanted and undue partisanship by the police in the political sphere will wane.
Low Morale A poorly motivated force is a ticking time bomb that will explode one day. The police readily fit into this bill. Checks revealed that the low morale of the workforce stems from poor welfare, terrible living conditions (especially those that live in dilapidated police barracks), lack of meaningful insurance (given the risk they take on a daily basis), no provision for work tools ( except for their guns and ammunition, a typical policeman buys his uniforms, shoes, and even writing materials to take statements).
Another issue that has caused disaffection among the force is the issue of promotion. The uneven promotion of officers to the detriment of their course mates has been a fodder for low morale. THISDAY checks revealed that some promotions can skip an officer twice or even thrice, leaving them below as their course mates climb the ladder. Time and time again, the service has been riddled with allegations of selling the promotion to the highest bidder.
Corruption Corruption is another inherent vice that has eaten deep into the fabrics of the Nigeria Police. This has been characterised by lack of accountability as policemen even openly engage in the various forms of extortion and bribery and also demand money for one to secure bail at the police stations.
Indiscipline Arising from their frustration due to the effects of partisanship and corruption, indiscipline has become rife in the force, causing strong adverse effect on the efficiency of the police. This has affected dedication to duty and efficient service delivery so much so that investigation, a key part of fight against crime has become extremely shoddy and unhelpful to ground conviction of criminals.
Lack of Public Trust An obvious consequence of the corruption and inefficiency of the force is the loss of public trust. Years of police brutality, human right abuse and extra-judicial killing are also to blame for this. Although they are generally feared, they are in fact despised. The public is miffed by the failure of the police to protect informants, exposing them to danger from criminals they provide information about.
Way Forward Beyond paying lip service at reforms, for the Nigeria Police to be at par with global standards, there must be a genuine and holistic overhaul of the entire system from tackling corruption, to funding, welfare, training, equipment, manpower, and building public trust again.
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TUESDAY, ÍşÍžËœ ͺ͸͚Π˞ T H I S D AY
SPECIAL REPORT ON POLICING
Who Controls the Police Force? In this analysis, Yemi Ajayi examines the structure of the Nigeria Police Force and concludes that it's not in conformity with the requirements of policing in a federal state.
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n the wake of the rising wave of banditry that had brought Zamfara State to its knees, forcing hundreds of thousands of its residents to flee their homes and farms, the then Governor, Alhaji Abdulaziz Yari, had out of frustration, announced his resignation as the state’s Chief Security Officer (CSO). He had hinged his decision on his inability, as the state’s CSO, to “direct security officers on what to do or sanction them when they erred.� Ordinarily, Yari’s announcement was supposed to be dismissed as a distractive comedy given the fact that it sought to trivialise a serious security crisis in the state and to divert attention from his failure to tackle headlong the banditry, which according to him, led to the death of 3,526 persons in the state between 2014 and April 2019. But his resignation then, which was of no effect, brought to the fore the controversy over who controls the Nigeria Police Force (NPF). Statutorily, the police are under the supervision and control of three major governmental agencies: the Nigerian Police Council, Police Service Commission (PSC), and Ministry of Police Affairs. The PSC is responsible for the recruitment, promotion and discipline of officers and men below the rank of Inspector General of Police (IGP). The constitution saddles the president, who chairs the Nigeria Police Council, with the task of appointing the IG in consultation with the council. The council, through the president, assigns responsibilities to the IG while the Ministry of Police Affairs oversees the welfare of personnel. However, it is ironic that in a federal system of government, the central government has so much control of the policing system, leaving leaders at the subnational level at the mercy of the president and or his aides. As seen in the Yari case, governors are mere figure heads as chief security officers of their respective states. The 1999 Constitution(as amended) that ipso facto made them chief security officers of their respective states, however, took back the little powers bestowed on them in Section 214(4), which entered a caveat that their directives to Commissioner of Police in their respective state commands are subject to ratification by the president or “such Minister of the Government of the Federation as may be authorised in that behalf by the President for his directions.� The caveat in Section 215(4) creates a lacuna that is being exploited over time by the federal government to undermine governors’ control of police apparatus in their domains.
Adamu But while governors have little or no control over the policing system in their domains, they have over the years emerged as the main financiers of police operations in their states due to underfunding by the federal government. Some governors have set up trust funds to generate money to provide basic tools for the police to fight crimes in their states. Lagos State provides a flagship example of such states with the passage into law by the state House of Assembly in 2007 of the Lagos State Security Trust Fund (LSSTF) to tackle logistics problems that impaired the ability of the state police command from tackling the peculiar security challenges in the state. The federal government is replicating this effort at boosting funding of the police with the signing into law of the Police Trust Fund Act, which provides a legal framework for the
management and control of the Police Trust Fund. Governors’ lack of control over the police, largely seen as an aberration in a federal system of government, led to the campaign for the decentralisation of the NPF. The argument is that Nigeria should go the way of other modern nations such as Britain and the United States that have a decentralised police force. For example, there are 43 geographic police forces in England and Wales plus the British Transport Police, Civil Nuclear Police and the Ministry of Defence Police. The Chief Constable/Commissioner of a force is responsible for delivering policing services. On its part, the United States policing is being carried out by close to 18,000 federal, state, local and city departments, all with their own rules. Each of the 50 states has its own nomenclature for its law enforcement agencies, and their powers, responsibilities and funding vary from state to state. The central theme of the campaign is the creation of state police, an advocacy that the federal government has absolutely rejected. Rather, the federal government is proposing the setting up a community police system to strengthen the security in the country. According to the Inspector General of Police (IGP), Mohammed Adamu, unlike the state police under which each state government would create, recruit, train and manage a policing system distinct from the centralised force, community policing involves each community in every policing initiative. Adamu said the federal government would recruit 40,000 community policing officers for the new security architecture. The new personnel are to be sent to their local communities to complement the regular police personnel in performing enforcement functions and to carry out low-risk and nonsensitive duties. Good as the intention may be, the flaw of the community police system lies in the command and control structure. Questions are being raised on how effective such a system would be with the present posting system of the police whereby Commissioners of Police are posted outside their states of origin. To remedy this flaw, there is a need to review the policy so that Commissioners of Police are posted to their states of origin where they are not only familiar with the people and culture, they could easily rally support to enhance the implementation of the community policing system.
10 Steps to Reforming the Police Given the myriad of challenges facing the police force, Yemi Ajayi writes that steps have to be taken to reform the system in order to reposition the force for greater efficiency.
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n the twilight of its tenure, the Eighth Senate passed the Police Reform Bill, 2019 that sought to reposition the Nigeria Police Force (NPF). Although the House of Representatives killed the bill by not giving the passage concurrence, it showed the concerns among stakeholders on the need to reform the NPF. The bill had sought to give Nigeria, among others, serviceoriented and modern police and set up guiding principles on efficiency and effectiveness; accountability, and transparency; protection of human rights and fundamental freedoms; and partnership with other security institutions to ensure effective policing in the country. Notwithstanding the legal setback, the task of reforming the police, given the outcry against the abuse of power by the police personnel that led to the campaign for the abolition of the special anti-robbery squad (SARS) and dismantling of checkpoints, remains urgent. Those pushing for reforms highlight nine areas that could help change the fortunes of policing in the country
crimes. This ancient strategy often makes it difficult to either solve criminal cases or get conviction of suspects in court. Therefore, a reform of the NPF should include provisioning for the adoption of forensic science such as physical matching, fingerprint matching, hair and fibre analysis, DNA analysis etc not only to speed up the conclusion of investigation into crimes but also to enhance the accuracy of outcomes.
conditions, especially in the barracks. This has resulted in the desperation to make money by all other means, largely illegal, to augment their earnings. Therefore, there is an urgent need to reform the system to improve welfare matters and reduce corruption in the police force.
Data Base of Criminals
With a staff strength of about 371,800 to police a population of about 200 million people, the NPF is largely overstretched. Many of its officers and men work unduly long hours and this impair their ability in effective crime investigation. Although there are plans to add 280,000 new hands to the current workforce, thereby boosting the manpower to 650,000, this is still far below the generally accepted police to civilian ratio of about 225 police officers for every 100,000 people. Nigeria therefore needs a reform to sustain an accretion of recruitments that will significantly increase the police workforce.
Funding
The federal government has over the years launched an array of projects aimed at capturing the biometrics of Nigerians. Such projects such as the national identity card, BVN, voter’s card registration entail capturing the face recognition of each person as well as their fingerprints. If properly harnessed, this scheme could be turned into a veritable data base to fight crime. A reform of the police should therefore exploit the opportunity provided by such projects to push for the establishment of a central fingerprint centre were the fingerprints of all participating Nigerians and others to be captured through other means can be stored and retrieve to match fingerprints obtained at crime scenes as a crimefighting tool.
Poor funding has severely hindered the effectiveness of the police and resulted in poor service delivery and bad behaviour by personnel. In most cases, police officers and men lack the basic tools to either fight or deter criminals. The nation, therefore, needs to find a creative way of funding the police beyond the budget. This is why the passage of the Police Trust Fund Bill, which levies the private sector and others to contribute to funding the NPF is a good decision.
Curbing Abuses Despite concerted efforts by the NPF leadership, cases of human rights abuses, such as indiscriminate arrests, intimidation and extortion as well as misuse of firearms are still rife in the police force. Though bail is acclaimed to be free, police officers and men still demand payment from suspects and their families. There is a need for a code of conduct, to be effectively enforced, to make officers and men take responsibility for their actions, especially in the areas of arrest and detention of persons and searches.
Forensics Over the years, the police have relied on the old strategy of extracting confessions from suspects, among others, to solve
Nigeria no doubt needs a data base of criminals to facilitate not only investigation of crimes, but also prevention. Such a data base stores information on suspects and their specialisations so that in case a particular crime is committed in a locality, an analysis of the modus operandi of the crime could provide a lead on possible suspects and enhance the arrest process and investigation.
Central Fingerprint Centre
Training and Promotion There is need to institute a tradition of regular training and merit-based promotion in the force. Currently, one big issue is low morale because many officers and skipped during promotion exercises.
Welfare Matters The poor funding of the NPF has resulted in creating financial crisis that has affected the ability of the police management to attend to the welfare of its personnel. Police personnel are poorly remunerated and many of them live in squalid
Enlarging the Workforce
Ethical Reorientation Even with enough funding and right tools, the NPF might still remain ineffective without a reorientation campaign towards attitudinal change by its workforce. Many police officers and men, especially those on roadblock duty, often display nauseating beggarly attitude towards motorists, a conduct that undermines their authorities and ability to detect suspected criminals. In most cases, when they stop a motorist at a checkpoint, it is more for what monetary gifts they could extract from him than for crime prevention. As law enforcement agents, they need reorientation on how to conduct themselves in such a way that lends dignity and honour to their office.
Setting up an Ombudsman There is a need, under the police reform, for the establishment of an independent complaint authority to receive and investigate and effectively deal with complaints against police officers’ misconduct from the public. This is so because in most cases, the police authorities, except under pressure from the public, tend to sweep under the carpet, allegations of misconducts against their personnel. In some cases where they are forced to probe such claims against their personnel, the investigation is shoddily conducted or dragged on for so long that victims never get justice.
T H I S D AY ˾ TUESDAY NOVEMBER 26, 2019
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POLITICS
Group Politics Editor NSEOBONG OKON-EKONG Email nseobong.okonekong@thisdaylive.com (08114495324 SMS ONLY)
Echoes From Kogi Guber Election Ibrahim Oyewale highlights some of the unfortunate incidents that occurred during the November 16 governorship election in Kogi State
Bello
E
choes from the conduct of the recent November 16 governorship election in Kogi State continues to reverberate round the world as concerned citizens condemn the unfortunate incidents and inadequacies that characterized the election. Many are crying fouls as result of losing the election. In any contest, there is always a winner and loser, but in the Nigerian context the losers are always in the forefront of making noise to show that all was not well, whereas the story would have not changed if they had been on the other side. This is the scenario in Bayelsa and Kogi states in last one week. It has been a litany of accusations and counter accusations from the two major political parties; the ruling All Progressive Congress (APC) and the Peoples Democratic Party (PDP) in Kogi state. Apart from reports of violence in some polling units across the Confluence state, those who have lost their loved ones to use of physical force during the electoral process will continue to remember the unexplainable circumstance through which they died. At the last count, no fewer than five persons were reported killed during the governorship election in the state. These sad occurrences were reported in Abocho community in Dekina local government area and Adankolo community of Lokoja, during the governorship election in Kogi state. The election was characterised by widespread violence, snatching of ballot boxes, intimidation of voters, vote buying and voter inducements across local government areas in the state. While two of the victims were from Abocho in Dekina local government in the eastern flank, three others were killed in Lokoja in the process of ballot box snatching at a polling unit at Adankolo in the capital city. A particularly sad incident was the gruesome murder of a 60 year-old PDP women leader who was allegedly burnt to death in her house at Ochadamu in Ofu Local government area of Kogi State. The winner and the incumbent governor, ,Yahaya Bello has explained that there were pockets of violence, but that these were not enough to call for cancellation of the entire process. While receiving his certificate of return at INEC state headquarters in Lokoja last Thursday, he admitted there some violence during and after election. He pledged that his administration will partner with security agents in the state to fish out all those who perpetrated violence
Akpoti particularly the gruesome murder or the 60 year-old woman leader by unknown assailants in Ochadamu, Ofu Local government with a view to bringing them to book. However, the election has been won and lost, the winner and loser respectively have been decided by the Independent Electoral Commission (INEC). The incumbent Governor and APC candidate Yahaya Adoza Bello, secured the highest number of votes, polling 406, 222 votes to beat his closest rival, the PDP candidate, Musa Wada who scored 189, 704 votes, while the second runner up, the SDP candidate, Natasha Hadiza Akpoti garnered only 9,482 votes. Professor Garba Umar, the Returning Officer for the gubernatorial election stated that, ‘the APC candidate, Yahaya Bello having satisfied the requirement of law and scored the highest number of votes is hereby returned as winner.’ Be that as it may, the candidate of major opposition party, PDP Musa Wada has rejected the outcome of the election. Wada disclosed this at a press conference at the Suitorial Hotel in Lokoja He described the election as day light robbery, a slap on the political will of
A coalition of 16 INEC accredited civil society observer groups that monitored the Kogi gubernatorial and senatorial elections disclosed that though violence occurred during the election, it was not enough to justify calls from some quarters for cancellation of the entire elections
Wada the entire people of the state. “You do not call this an election but a total scam, war and oppression on the innocent people of the state. “It’s just a mere formality to impose their stooge on the people of the state. He condemned the security agents and describe them as a disgrace to the nation’s democratic system.” He vowed to challenge the abnormalities in the court of law and ensure he gets justice. He expressed sadness over the roles the men of the Nigeria Police played during the crisis ridden election “If what happened on Saturday is what we all believe to be an election, our democracy is far from what the world thinks of it ,” he stressed. As if this was not enough, some observers initially called for cancellation of the election where there were proven cases of violence. By the following day, however, they were singing a different tune, calling for total cancellation of the whole exercise. Professor Adele Jinaidu, chairman of Centre Democracy Development Election Centre in Lokoja who addressed the media insisted that CDD observers reported widespread violence, intimidation of voters, vote buying, abductions, gunshots and massive rigging that may undermine integrity of the governorship election in Kogi state. Centre for Democracy and Development described the conduct of the election as falling short of public expectation in spite of the public outcry against electoral violence in the state. He lamented that there was coordinated and systematic use of thugs to intimidate voters, adding that this fell short standard practice. In the their contrary opinion, a coalition of 16 INEC accredited civil society observer groups that monitored the Kogi gubernatorial and senatorial elections disclosed that though violence occurred during the election, it was not enough to justify calls from some quarters for cancellation of the entire elections. The coalition at a press conference in Lokoja stated that they observed the elections in Kogi on November 16, adding that it was observed that the voters came out early in large numbers. The coalition noted that the voters were seen in a good number of instances waiting for electoral officers and materials. “Voters were able to exercise their franchise in an orderly and peaceful manner. The elections were smooth and successful in most areas across the state as observed by our members. “Voting commenced slightly behind
schedule in many places but this lateness was generally offset by hitch-free and speedy conclusion, except in some areas for reasons which we will state later. “Elections in a few polling centres were marred by violence, ballot box snatching and other forms of disruption, by hoodlums, some of them in police uniform, working for unknown principals. The coalition calls on the Nigerian Police and other law enforcement agents to unearth the faceless individuals behind such criminal activities. They were of the view that INEC deployed over 16,000 persons including regular and ad hoc staff for the election. The coalition considered this adequate and reports that observable hitches relate to quality (character and training), rather than adequacy in numbers of electoral officers. “INEC also supplied enough voting materials and the coalition members did not observe shortage of voting materials anywhere, although some materials were sent to the wrong place. “The use of technology, particularly the smart card readers presented minor challenges but the INEC generally resolved this or effected lawful alternatives. Coalition noted the usual problems with some voters not finding their names in the displayed voters registers. In some instances, the affected voters had presented themselves at the wrong polling units and had to be re-directed. They further argued that in other instances, however, it seemed clear that the names of some voters were totally missing, or the list containing their names (alphabets) were not displayed, or were displayed late. Though incidents of this nature were relatively too few to impact the results of the elections, the coalition still advises the commission to do better in future elections. “The Coalition observed incidences of violence which affected a few polling units across the state. The severity of such incidences were more pronounced in certain areas, particularly Lokoja. This is because of the sophistication of the operations in the affected units in the state capital. Coalition however noted that while the worst act of violence disrupted polling in the affected units, the actual damage to the electoral outcomes remained minor overall. The Coalition also in comparison to franchised rigging malpractices such as hijack and unlawful thumb-printing of ballots on a massive scale, ballot box snatching tends to affect much fewer votes and therefore wondered that politicians and their thugs still resort to it.
T H I S D AY Ëž Í°Í´Ëœ Ͱ͎ͯ͡
FEATURES
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Group Features Editor: Chiemelie Ezeobi Email chiemelie.ezeobi@thisdaylive.com, 08038901925
Tackling the Menace of Baby Factories, Abortion Sunday Ehigiator writes that in commemoration of the recently held ‘World Orphans Day’, the Association of Orphanages and Homes Operators in Nigeria has called for the establishment of unwanted baby departments to end the menace of baby factories and abortion
Cross section of participants at the commemoration of the '2019 World Orphans Day' in Lagos State, organised by ASHON
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n commemoration of the ‘World Orphans Day’ usually observed on November 11 of every year, the Association of Orphanages and Homes Operators in Nigeria (ASHON) has made a call to the federal government to establish ‘Unwanted Baby Departments’, with a view to end the menace of baby factories, and growing rate of abortions in Nigeria. The call was made recently, during a two days program themed, ‘The World without Orphans; Challenges and Prospects; Lagos as a Case Study’, organised by ASHON in Lagos state, to commemorate the ‘2019 World Orphans Day’. Speaking on some of the challenges faced by orphanages, and by extension orphans, the National Secretary, ASHON, Reverend Gabriel Oyedeji enumerated the scourge of baby factories, lack of effective support from the government, and lack of health insurance and scholarship to orphans as major, among other challenges. According to him, “the biggest challenge of orphanage homes is the challenge of baby factories, because they seem to be giving us name damage, and we are out against them. We were in South-east last year to challenge it. We searched where they are, and then notified the task force committee whom we worked with, the area commander of the police and the police authority in general. Now our men are going everywhere and exposing them. “The problem is the government working with us. If we have the trust of the government; because we are the one that can police ourselves, and we are saying that the government should give us more relational attention, so that they can use us to challenge those improper things in the society. “This case is becoming more perpetuating, because as we are curbing them, they are relocating to another state, so we need to move round all the states in Nigeria and reinforce a process of intervention to abate the incidences ;of baby factories. But let me also say this of a fact, we need to go to the grassroots. For every problem, we see, there are three factors; the predisposing factors, the precipitating factors, and the perpetuating factor. Without tackling these
ASHON National Secretary, Reverend Gabriel Oyedeji (standing), during his presentation at the '2019 World Orphans Day' in Lagos three P’s, we aren’t there. “Some of the predisposing factors to the emergence and spread of baby factory is baby scarcity, and infertility growth. And whatever is scarce, people would look for it criminally, hence baby factories provides that criminal option. Government has to come in. They have to ensure that fertility clinics are cheap and affordable to the common man. In America and Great Britain, we have several palliative measures such as surrogacy, and legal acquisition of children. “However, in Nigeria, we are sensational and don’t address this issue appropriately. And quite unfortunately, this same country where thousands of people are looking for children, there is a growing rate of abortion. We should be talking of adoption and not abortion. “Federal government should also look into creating an ‘Unwanted Baby Department’, where mothers would be counseled, properly guided, helped and encouraged. So that instead of these mothers abandoning the children in the streets or aborting, they can use the option of the department, this would
reduce abortion drastically, and automatically end the scourge of baby factories. This is the only solution. “We as a body handle 90 per cent of orphans in Nigeria; we should be involved in policy making. They should carry us along; we would tell them the facts of the matter, instead of just making enforcement without enlightenment. “Enlightenment is better than enforcement. Enforcement wouldn’t work if there is poor enlightenment. There is poor enlightenment in Nigeria from the angle of the government, pregnant mothers, adopters, and the public, hence the escalation of crime. It is not easy to be a orphan; the burden is greater than anyone can imagine. One way government can help is by ensuring they get free education across all levels of education. And also ensure they have health insurance. “This would not only reduce crime rate, but at the longer run improve the economy of the country, and life expectancy of orphans. As you know, orphans in Nigeria have the lowest life expectancy rate.�
Oyedeji concluded by harping on the need for the federal government to also forge a unified adoption policy, recognised all over the states. He lamented that adoption policies vary from state to state, and it affects the processes of adoption in the country, hence the need of a unified law. On his part, the Lagos State Coordinator, ASHON, Alhaji Ganiu Olayiwole, spoke on the need for cooperate bodies, private individuals and philanthropists to support government recognised orphanage homes only. According to him, “there are several fabricators who operate illegal homes with the sole aim of diverting assistance for personal gains. Organisations and well meaning Nigerians should ensure they confirm that a home is government recognised before making any donations to them. “This way, we can get rid of fake orphanages whose only interest is to deny other genuine homes, help by bringing their names to disrepute. Every homes under ASHON are government recognised and we have presence in major states all over Nigeria.�
A
WEEKLY PULL-OUT
26.11.2019
ELECTIONS OR WAR IN KOGI AND BAYELSA STATES?
Bayelsa State GovernorElect, Chief David Lyon
Bayelsa State PDP Governorship Candidate, Senator Douye Diri
Kogi State Governor, Yahaya Bello
Kogi PDP Governorship Candidate, Musa Wada
INEC Chairman, Prof. Mahmood Yakubu
2/DASHBOARD
26.11.2019
Admissibility of a Retracted Statement of an Accused Person PAGE 4
Alliance Law Firm Holds Lecture on ‘Leveraging Technology to Develop, Rebrand Nigeria’, Today PAGE 4
Human Rights Advocacy Group Mentors Youths on how to become Better Citizens PAGE 5
‘A Lawyer Must Embrace Integrity, Loyalty, Discipline and Hard Work’ PAGE 4
COLUMNISTS
QUOTABLES
DR. MIKE OZEKHOME, SAN, OFR, FCIARB, PH.D, LL.D Constitutional Democracy, means a system of government, in which political and governmental power, is defined, limited and shared by a grundnorm called the Constitution, which provides inbuilt checks and balances. This column seeks to fiercely discuss constitutional, legal and political issues, with a view to strengthening, deepening and widening the plenitude and amplitude of democracy and good governance, without fear or favour. The writer of this column, Dr. Mike Ozekhome, SAN, is a Constitutional Lawyer, Human Rights Activist, Pro-Democracy Campaigner, Notary Public and Motivational Speaker. He co-founded the Civil Liberties Organisation (CLO), Nigeria's pioneer human rights league, on October 15,1987, the Universal Defenders of Democracy (UDD), in 1992, and with Chief Gani Fawehinmi and others in 1998, the Joint Action Committee of Nigeria (JACON), to push out the military. In his early days, he lectured at the University of Ife. Dr. Ozekhome is an author of many books. He is also a Special Counsel at the International Criminal Court (ICC), at The Hague.
ABUBAKAR D. SANI Abubakar D. Sani holds a Bachelors degree from the University of Maiduguri, and has been in active private legal practice since he was called to the Nigerian Bar in 1987.He is the Principal of Abubakar D. Sani & Co., which has offices in Abuja and Kano. " INSIGHT" aims to unravel, analyse and proffer solutions to numerous anomalies in Nigerian law and practice, particularly statutes, vis-a-vis the Constitution, International Treaties and Conventions to which Nigeria is a signatory, Judicial Precedent and other relevant statutes and issues.
‘I feel it is okay to use the National Assembly, as a weeping boy. But, let it be based on facts, and not on alternative facts. Even the ICPC that made the report, I don’t think they will appreciate it, if the House of Representatives, in exercise of its constitutional responsibility, did an oversight on ICPC, based on the money that was budgeted, as opposed to what was released to them.’ – Rt. Honourable Hakeem Olufemi Gbajabiamila, Lawyer, Speaker, House of Representatives, Federal Republic of Nigeria ‘When Nigerians pretend and say: “oh, what is the difference that this Government has brought into the fight against corruption, what has been achieved? There’s no difference”. It amazes me. For me, it is a sign of patent bad faith.’ – Professor Itse Sagay, SAN, Professor of Law, Chairman, Presidential Advisory Committee Against Corruption (PACAC)
DR. KUBI UDOFIA Dr. Kubi Udofia holds a Doctorate degree in Law from the University of Nottingham, a Certificate in International Risk Management from the Institute of Risk Management, London, a Masters degree in Corporate Law from University College London, and a Bachelors degree from University of Uyo, in Nigeria. Called to the Nigerian Bar in 2007, Dr. Udofia is a scholar-practitioner, and routinely provides a wide range of contentious and non-contentious legal services, to both local and foreign firms. Dr. Udofia is an acknowledged expert, in Insolvency and Restructuring law in Nigeria
ADERINSOLA FAGBURE Aderinsola Fagbure is a keen writer having written her first article which was published by the junior section of a national daily, at the age of five. She is a graduate of Igbinedion University Okada and has just completed a Master’s degree in Corporate Law at the University College London. Her column, “In black and white” discusses the need for innovation on the Nigerian legal scene particularly in the fields of Mergers and Acquisitions, Corporate Finance, Corporate Governance and Energy Law.
ONIKEPO BRAITHWAITE EDITOR JUDE IGBANOI DEPUTY EDITOR AKINWALE AKINTUNDE REPORTER TUNDE BUSARI GROUP HEAD OCHI OGBUAKU II ART DIRECTOR
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The Three Faces of Third Term
T Lamentation
hese days, most people are only interested in lamenting about the state of the nation, and how they are suffering in this ‘next level’ (myself included). Since I returned from the UK and USA 36 years ago upon completing my studies, the ululation has never been this thunderous and deafening. Even during the dark days of the Abacha military regime, the wailing was more about the lack of respect for fundamental human rights, now guaranteed in Chapter 4 of the 1999 Constitution of the Federal Republic of Nigeria (as amended)(the Constitution), that is, lack of freedom of speech and the like, more so than about the present unprecedented financial hardship and insecurity that Nigerians are experiencing, combined with Government’s quest to suppress any form of dissent, in this democratic setting. ‘Third Term’: Option 1 Beyond the weeping and gnashing of teeth, I have noticed that the cry about yet another third term agenda (a la the ‘Kampe’ administration), also seems to be reaching a crescendo. President Buhari (Baba) however, made an attempt to put that speculation to rest, when he stated categorically last week at an APC meeting, that he has no intention of seeking a third term. But, rightly or wrongly, some still remain sceptical, especially considering the fact that before he became President, Baba had said that he would only do one term, and not seek a second term. It is therefore, apposite for me to discuss the issue of third term. I do agree that, some of the actions of the Government today are outrightly anti-democratic dictatorship material, and we all know that dictators have a sit-tight attitude, never planning on leaving office until they die. But, as I
President Muhammadu Buhari
said on this page last month, Sections 135(2) and 137(1)(b) of the Constitution, provide for a four year term and a maximum of two four-year terms for the President of Nigeria, respectively, and Baba in his statement, said he would be guided by the Constitution. These provisions can only be amended by virtue of Section 9(2), which makes it extremely difficult for the Constitution to be amended; and, since the buy-in of all the Houses of Assembly in Nigeria is required for any such amendment, it is highly unlikely that the third term agenda can be pursued, via this means. For those who believe that the Independent National Electoral Commission (INEC) can be used to further the third term agenda, again, that position may not be tenable. While INEC can obviously manipulate results and declare all the elections inconclusive, in terms of elongating anyone’s term, it cannot. INEC can only postpone elections, and even this power to postpone elections is not unlimited, as Sections 132(2) and 178(2) of the Constitution confine' any such postponement to within a maximum of 150 and a minimum of 30 days time period, to the expiration of the term of office of the President and a Governor, respectively. This means that, any postponement of election by INEC, can only be done before, at worst, 31 days to the expiration of the tenure, and certainly not beyond that time frame. Actualisation of the ‘Third Term’ Agenda: Option 2 However, all is not lost! For those who want to push this sinister agenda, it can still be achieved, constitutionally. Between the President and the National Assembly (NASS), Section 64(2) gives the President the power to decide whether it is practicable to hold elections, if the Federation is at war in which a territory in Nigeria is physically involved. Once this deci-
sion is passed on to NASS, NASS is empowered to pass a resolution to extend the four year tenure by a period not exceeding six months “at any one time”. The purport of this provision is that, as long as the President considers this war situation to persist, NASS can continue to renew the six months elongation, time after time - ‘ad infinitum’ (forevermore)! They just cannot extend it for more than six months, at one time. With what many Nigerians have referred to as a ‘rubber stamp’ NASS, this will be a ‘fait accompli’ for the third term agenda-ists, since NASS as it stands presently, is one that seems as if it will only ask the President how high, when asked to jump! Option 3 Section 305(3) of the Constitution also gives the President the power of proclamation of a state of emergency. Again, Section 305(6)(c) allows NASS by means of a resolution, to extend the period of the state of emergency for a period of six months, while a Governor can also declare a state of emergency in his/her own State, with a sanction of a two-thirds majority of the House of Assembly (Section 305(4) of the Constitution). A state of emergency is defined by the Oxford Dictionary, as “a situation of national danger or disaster, in which Government suspends normal constitutional procedures in order to regain control”. Even though Section 305 is silent on elections, it is apparent that, suspension of normal constitutional procedures, includes suspending elections. With this provision, I’m not sure that it is even necessary to read Section 64(2) of the Constitution into Section 305, in order to postpone elections, because it would be impossible to hold a national election, if, for example, the States in the North East cannot vote, as a result of declarations of states of emergency. The whole world is aware that there is insurgency in the North East, with the incessant Boko Haram attacks. Some have even started to refer to it, as a war. In fact, we have all argued that, the Army has not ‘technically defeated’ anyone, and contrary to the Army’s claim, Boko Haram has not been vanquished or annihilated. During the recent February 23 Presidential election, many accused APC and INEC of writing the results of Borno and Yobe States. In Maiduguri, there was a Boko Haram attack the morning of the election, and people wondered how the voter turnout there, could still be higher than that of Lagos, in the face of life threatening danger! Self-preservation is the first law of nature, and naturally, most right thinking people would rather have kept themselves safe, indoors, than endangering their lives by coming out to vote. However, APC and Government were desperate for a second term, and nothing would have halted that election. Now that the second term is in the bag, the insurgency/war situation can once again be used to Government’s advantage, this time by simply declaring that certain areas are too volatile and insecure to hold elections, and thereby, postpone the elections in 2023. Shi ke nan! Nigerians have been so cowed into submission and poverty, that if Government decided to walk down this path, they will able to do so, unhindered. Hopefully, as the Pentecostal Christians like to say, “this is not our portion”.
ONIKEPO BRAITHWAITE
THE ADVOCATE onikepo.braithwaite@thisdaylive.com onikepob@yahoo.com Twitter: @TheAdvocateTD
“BEYOND THE WEEPING AND GNASHING OF TEETH, I HAVE NOTICED THAT THE CRY ABOUT YET ANOTHER THIRD TERM AGENDA (A LA THE ‘KAMPE’ ADMINISTRATION), ALSO SEEMS TO BE REACHING A CRESCENDO. PRESIDENT BUHARI (BABA) HOWEVER, MADE AN ATTEMPT TO PUT THAT SPECULATION TO REST, WHEN HE STATED CATEGORICALLY LAST WEEK AT AN APC MEETING, THAT HE HAS NO INTENTION OF SEEKING A THIRD TERM”
Although, in Nigeria, one has learnt not to rule anything out, no matter how far-fetched and outlandish it may seem to be. As long as it is an outcome desired by those in power in presentday Nigeria, it is mostly, doable. The difference between this administration and that of the ‘Kampe’ administration is that, the latter tried to achieve this objective with a measure of subtlety, with speculation, testing the waters and sampling opinions, possibly trying to use economic inducements with the mind of utilising the amendment of Section 137(1)(b) option, which did not work out. Some members of this administration and the APC, on the other hand, will do anything to hang on to power, and additionally, they are anything but subtle. However, the good thing about the latter options, is that they need the input of Baba, and, they do not have it; at least, as far as we know, they do not have his acquiescence for now. Only time will tell.
4/LAW REPORT
26.11.2019
Admissibility of a Retracted Statement of an Accused Person
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facts in respect of the plans of the accused persons to kill the deceased, killing and decapitation of the deceased and the Appellant’s confessional statement, are all established and affirmed by the Court of Appeal. He contended that the defence of alibi relied on by the Appellant must be raised timeously and extra judicially, not during the defence at the trial. He argued that, the Appellant had not shown reasonable grounds to warrant overturning the concurrent findings of the lower courts.
Facts
ometime in 2002, the Appellant and three other accused persons, killed a certain Sunday Usue (deceased), severing his head and some body organs. When one of the accused persons was arrested with the human head, he informed the Police that four of them, including the Appellant, killed the deceased for money- making rituals. The headless body of the deceased was later found without a heart and genitals, at the River Benue Bank, Guma Local Government Area, Benue State. Three of the accused persons were consequently, arraigned before the High Court of Benue State, and charged with the offences of conspiracy and culpable homicide punishable with death. During the trial, the Prosecution called four witnesses, including PW3, who recorded the statement made by the Appellant to the Police. The Prosecution sought to tender the Appellant’s statement through PW3, but the Appellant’s counsel objected on the ground that the statement was not made voluntarily. The trial court ordered trial-within-trial, and overruled the objection. In his defence, the Appellant testified that, as at March 2002, he was living at Lado in Cameroon and that he only returned to Nigeria in the year 2005, when he was arrested by the Police. The Appellant called a certain Isa Ajidokun (DW6) who testified that the Appellant stayed with him at Lado in Cameroon, but the trial court did not believe him. The court held that, the accused persons, including the Appellant, in their confessional statements all presented similar account of how they planned, killed and decapitated the deceased. They were, therefore, sentenced to death by hanging. The Appellant’s appeal against the decision to the Court of Appeal was unsuccessful, leading to the further appeal to the Supreme Court. Issues for Determination The Supreme Court considered the following issues for the determination: (i) Whether the Court of Appeal was right to have affirmed the decision of the trial court admitting the extra judicial statements of the Appellant - Exhibit 2 - as evidence, and regarding same as confessional statements in spite of the retraction by the Appellant; (ii) Whether the Court of Appeal was right to have affirmed the decision of the trial court, that the prosecution proved its case beyond reasonable doubt against the Appellant as to warrant his conviction for the offences charged, having regard to the totality of evidence before the Court. Arguments In arguing the first issue, the Appellant’s counsel stated that, Exhibit 2 was not corroborated. He argued that, the admissibility of a confessional statement does not mean automatic ascription of weight or probative value to it, as it must pass the tests stated in R v SYKES (13) 18 Cr. App. 233. He cited the case of OGUNYE v STATE (1999) 5 NWLR (Pt. 604) 548 on the importance of determining the actual maker of the confessional statement when the issue is raised, and submitted that, confessional statements without corroboration should be taken with a pinch of salt. He also contended that, the Court of Appeal should have been more cautious since the Appellant denied the truth of several statements in Exhibit 2, and the Prosecution failed to discredit or contradict him. Further, he argued that, the courts cannot convict on speculation, however strong, and certain conditions must be in place, for any evidence to be considered corroborative of an admitted confessional statement - ORISA v STATE (2018) LPELR-43896 (SC). He stated that, none of the evidence of the Prosecution’s witnesses could be deemed to be corroborative of his alleged confessional statement and sufficient to secure a conviction, relying on the decision in AFOLABI v C.O.P (1961) SCNLR 307 in contending that Exhibit 2 is not a confessional statement, as the Appellant denied committing the offences alleged against him therein. The Respondent, on the other hand, argued that the court can convict an accused person even upon a retracted confessional statement, if there are other independent corroborative evidence to give credence to the retracted confessional statement. The Respondent’s counsel cited EJINIMA v STATE (1991) LPELR-1067 (SC). He argued further that, Exhibit 2 was admitted after a trial–within–trial and that the decision of the trial court, which was not challenged on appeal, remains binding. He also argued that, the Appellant did not challenge other aspects of PW3’s evidence at trial. He stated that even if Exhibit 2 was expunged from the records, the unchallenged evidence of PW3 can ground the Appellant’s conviction. Citing OBINECHE & ORS v AKUSOBI & ORS (2010) LPELR-2178 (SC), counsel contended that the unchallenged evidence of PW3 corroborates the confession, and the trial court was thereby right, to rely on Exhibit 2 in convicting the Appellant. On the second issue, the Appellant argued that, in respect
Hon. Amina Adamu Augie, JSC
In the Supreme Court of Nigeria Holden at Abuja On Friday, the 5th day of July, 2019 Before Their Lordships Olabode Rhodes-Vivour Mary Ukaego Peter-Odili Olukayode Ariwoola Chima Centus Nweze Amina Adamu Augie Justices, Supreme Court SC.635/2016 Between Joseph Akenkule Sale......... Appellant And The State.......... Respondent (Lead Judgement delivered by Hon. Amina Adamu Augie, JSC)
of the offence of culpable homicide punishable with death, the lower courts ought to have considered all the defences raised by the Appellant, however illogical - C- DUCHECHI ORISA v STATE (2018) 11 NWLR (Pt. 1631) 453. Counsel posited that the trial court made allusions to a medical report (Exhibit 3) which is corroborated by Exhibit 2, and submitted that, an alleged confessional statement whose validity is in contention, cannot corroborate a medical report, especially when the medical doctor who issued the medical report is not called as a witness. He further argued that the decomposed body was not positively identified, since the person who identified it was not called as a witness, despite being a vital witness. On the other hand, the Respondent submitted that, the
“RETRACTION OF A CONFESSIONAL STATEMENT, HAS NOTHING TO DO WITH ITS ADMISSIBILITY.....WHERE AN ACCUSED PERSON SAYS HE DID NOT MAKE THE CONFESSION, A TRIAL COURT IS ENTITLED TO ADMIT IT IN EVIDENCE, AND DECIDE AT THE CONCLUSION OF THE TRIAL, WHETHER OR NOT HE HAD MADE IT”
Court’s Judgement and Rationale Determining the first issue, the learned Justices held that, although a free, voluntary, direct and positive confession if duly made and satisfactorily proved is sufficient to warrant conviction, a more abiding principle of law is that, it is better to find some evidence outside the confession, however slight, of circumstances that make it probable that the confession is true. The court relied on QUEEN v ITULE (1996) 2 SCNLR 183, R v SKYES (supra) amongst other cases. An objection to a confessional statement on the ground of involuntariness, is not the same thing as a retraction of same, on the ground that the statement was never made in the first place. Retraction of a confessional statement, has nothing to do with its admissibility. It stated that, when an Appellant enters the witness box and retracts his statement, he raises the issue as to the weight to be attached to the statement thereby. Thus, the law is settled that, where an accused person says he did not make the confession, a trial court is entitled to admit it in evidence, and decide at the conclusion of the trial, whether or not he had made it. But, where he agrees that he made the confession, but that he was forced or tortured to make it, he attacks the admissibility and so, trial-within-trial must be held, to determine its voluntariness. In this case, the trial court took the right step by conducting a trial-within-trial to determine the voluntariness of Exhibit 2, which was found to be purely a confessional statement, sufficient to support a conviction, though the court still relied on other corroborative evidence before it. Confessional statements of the accused persons only binds the makers, and each of the three confessional statements linked the accused persons with the agreement to kill and the unlawful killing of Sunday Usue. On the second issue, it was held that once the defence of alibi is properly raised by an accused person during investigation, it is the duty of the Police to investigate the defence, and for the prosecution to disprove same. Nonetheless, for a defence of alibi to be worthy of investigation, it must be precise and specific in terms of the place that the accused was and the person(s) he was with, and possibly what he was doing there at the material time - OCHEMAJE v STATE (2008) 15 NWLR (Pt. 1109) 57. The Appellant here did not inform the Police at the earliest opportunity, that he was elsewhere when the deceased was killed, to enable the Police investigate the said alibi, and the trial court did not believe the Appellant and DW6 that the Appellant was at Lado, Cameroon when the deceased was killed. It follows that, the defence of alibi was not properly raised by the Appellant and the suggestion about failure of the lower courts to consider other defences raised by the Appellant, was without merit. Further, on proof of the crime by the Prosecution, the Supreme Court held that, failure to call the brother of the deceased who identified the body and the medical doctor who issued Exhibit 3, was not fatal to the Prosecution’s case, as the identity of the body examined by the medical doctor was not in doubt. Where the totality of the Prosecution’s evidence showed unmistakably that the body on whom a doctor performed a post-mortem examination was that of the deceased, a separate witness, though desirable, is not a necessity - ENEWOH v STATE (1990) 4 NWLR (Pt. 145) 469. Where the identity of the deceased can be inferred from the circumstances of the case, then direct evidence is not essential. In this case, there was overwhelming evidence indicating that the headless body recovered from the River bank and properly identified before taken for post mortem examination, was that of the deceased, and the cause of death as stated in the medical report, was consistent with the Appellant’s confession. Based on the foregoing, the Supreme Court affirmed the judgement of the Court of Appeal, including the conviction and death sentence. Appeal Dismissed. Representation Dr. Agada Elachi, Esq. with Johnson Ochai, Esq. for the Appellant. Eko Ejembi Eko, Esq. for the Respondent. Reported by Optimum Publishers Limited (Publishers of the Nigerian Monthly Law Reports (NMLR))
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Law School Class of 1989 Celebrates 30th Anniversary
APPRECIATION PROGRAMME L-R: FIDA Lagos Chairperson, Mrs. Phil Nneji, Recipient and Chairperson, FIDA Law Week 2017 Planning Committee, Mrs. Adero Fadahunsi and Mrs. Titi AkInlawon, SAN during the Appreciation Programme for all former heads of committees generously sponsored by Mrs. Nnaji last week
NHRC Investigation Panel on Sexual, Gender Based Violence, Calls for More Complaints from Victims Stories by Akinwale Akintunde Victims of sexual and gender based violence all over Nigeria, have been urged to forward their complaints of any of such violation against them to the Special Investigation Panel on Sexual and Gender Based Violence, set up by the National Human Rights Commission (NHRC). The Executive Secretary of NHRC, Mr. Tony Ojukwu, who is also the Chairman of the Special Investigation Panel on Sexual and Gender Based Violence, made the call last week at the public hearing of the Panel for the South-West
Geo-Political Zone, held in Lagos. Speaking at the two-day hearing, which held between November 20 and 22 at the Pearlwort Hotel, Alausa, Ikeja, Ojukwu said the Panel has, so far, received 93 Complaints/ Memo across the six geopolitical zones, with the South East accounting for the highest number of 35 representing 37% of total complaints received. While calling on more victims to forward their complaints, he said North Central accounts for 19, North West has 12, South South 11, South West 15 and North East 4.
Ojukwu in his Welcome government compliance with Address at the hearing, said its international and human the core mandate of the NHRC rights obligations. is to promote, protect and According to the NHRC enforce the human rights of Executive Secretary, the panel, Nigerians and all living within which had conducted sitting in the country, adding that in Abuja, was constituted following realising this mandate, the the complaint received on April Commission can investigate 26, 2019 in respect of raids of all alleged cases of human night clubs and streets of Abuja, rights violations, as well as by armed security personnel. monitoring developments He said the armed security in various thematic areas of personnel were led by the Abuja human rights, assisting victims Environmental Protection Board of human rights violations (AEPB), under the auspices of the through appropriate awards FCT Joint Task Force, claiming and compensation, bringing that the raids were intended to its findings to the attention of government, to ensure CONTINUED ON PAGE 6
Alliance Law Firm Holds Lecture on ‘Leveraging Technology to Develop, Rebrand Nigeria’, Today A Lagos-based Law Firm, Alliance Law Firm, will today, Tuesday, November 26, hold its Annual Lecture Series and Business Luncheon at Four Points by Sheraton, Victoria Island, Lagos. The theme of the Lecture, which is 2nd in the series, is ‘Leveraging Technology to Develop and Rebrand Nigeria’. Speaking last Thursday, at a press briefing to herald the Lecture, the Managing Partner of the Firm, Mr. Uche Val Obi, SAN, said the Lecture series is part of the Firm’s Corporate Social Responsibility programmes, aimed at giving back to society. According to Obi, the event brings together key stakeholders from across the world, to discuss critical and topical themes central to the socio-economic development and industrial growth of Nigeria. “The maiden edition held in 2018, which discussed the emerging trends in corporate governance, featured Mr. Dotun Suleiman, Chairman of FRCN, as key speaker, and was chaired by Prof. Pat Utomi, supported by an eminent panel of experts drawn
from multiple sectors of the economy and regulatory institutions, to enrich deliberations. “The panel paraded Mr. Austin Avuru, the MD/CEO of Seplat Petroleum Development Plc; Ms. Mary Uduk, the Director General of the Securities & Exchange Commission (SEC); Oscar Onyema, the CEO of the Nigeria Stock Exchange (NSE); Mr. Ben Akabueze, the Director-General of the Debt Management Office of the Federation; Prof. Fabian Ajogwu, SAN and Mrs. Toyin Sanni, the CEO of United Capital Plc. “The highpoint of the event was the presentation of a pioneering book titled ‘Class Actions in Nigeria’ authored by Uche Val Obi, SAN, by Hon. Justice Ejembi Eko, J.S.C. on behalf of the Chief Justice of Nigeria (CJN), supported by other dignitaries present. The book is presently the only standard local text book, on class action in Nigeria. We are presently working with some heads of Court in Nigeria, on developing practice directions
that will facilitate the development of class suits in the country”, he said. According to the Senior Advocate, Sir Leo Stan Ekeh, the Founder/Chairman of Zinox Technologies Limited and Konga.com, is the Keynote Speaker for this year’s Lecture, while Dr. Ernest Ndukwe, the Chairman of MTN Nigeria Plc, will be the Chairman of the occasion. “The panel of discussants includes: Mr. Patrick Akinwutan, MD/CEO of Ecobank; Ms. Chantelle Abdul, GMD Mojec International Holdings; Dr. Andrew Nevin, the Chief Economist and Partner, Deal Advisory at PWC; Dr. Segun Aina, President Fintech NGR; Ms. Linda Ikeji, a leading Blogger in Africa; and Dr. Umar B. Bindir, the former Director General and Chief Executive Officer of NOTAP. “The theme is considered topical, considering the disruptive and pivotal place of technology in Nigeria’s quest for economic advancement,
nation building and positive image profiling. We have gone to great lengths to assemble a stellar faculty and top executive audience in order to do justice to the theme. “The Firm will also use the occasion to unveil its Doing Business in Nigeria Guide Manual, which has been described as the most friendly handbook for start ups, foreign and established businesses wishing to operate seamlessly in Nigeria. In doing this, the Firm leveraged its advisory experiences, and role as notable contributor to the IMF/World Bank Doing Business publications. “I also wish to state that, this event doubles as a Business Luncheon, which allows participants to meet friends and associates, and network, as we approach the end of year. “Expected invitees include top executives of Telecoms, Technology, Banks, Oil and Gas, Maritime, Hospitality, Exchanges, Issuing Houses, Conglomerates, Business leaders, Entrepreneurs and Policy makers”, Obi stated.
The Nigerian Law School Alumni Class of 1989, is set to celebrate its 30th Anniversary of Call to Bar in Abuja, between November 29 and 30, 2019. According to a statement by the Class Chairman, Mr. Emeka Albert, the event of the 29th will feature an Anniversary Lecture, titled “Legal Education in the 21st Century”, to be held at the Nigerian Law School, Bwari, Abuja. Albert said the Anniversary Lecturer is a member of the Class, Professor Ezenwa Ngwakwe, a Professor of Law at Abia State University. "This event of the 29th, under the Chairmanship of the Chairman, Council of Legal Education, Chief Emeka Ngige, SAN, will witness the launching of an E-Learning/EMentoring/E- Continuing Legal Education (CLE) Portal set up by the Class of 1989, to support
quality training and retraining of Nigerian Law School students and Lawyers, especially young Lawyers", he added. Other activities scheduled to commemorate the 30th Anniversary ceremonies, according to Albert, include charity walk, prison visit, black tie dinner and award ceremony on the 30th of November, at the NAF Event Centre, Kado, Abuja. He confirmed that the event promises to be a fun-filled reunion, that will attract members from all over the world to reconnect after so many years. He stated that, the e-platform to be launched is a first in Africa, and will transform legal education and legal practice in Nigeria, within a short period. Many of the members expected to attend and receive the merit award include, Justices of the Court of Appeal, High Court Judges, Learned SANs, and Professors of Law.
Society of Construction Law Nigeria Holds Inaugural Conference The Society of Construction Law Nigeria, in collaboration with the Construction and Infrastructure Law Committee of the Section on Business Law of the Nigerian Bar Association (SBL-NBA), will on Thursday, December 5, 2019 hold its Inaugural Conference. The theme of the Conference which will hold at the Eko Hotel & Suites, Victoria Island, Lagos is "Construction and Infrastructure in Nigeria: Current Challenges and future opportunities". A stament by the Chairman of Society, Mr. Emmanuel Dike stated that, the body seeks to promote study and research in the field of construction law and related subjects.
According to Dike, the landmark event which will hold between 9.00am and 2.00pm, will feature two technical sessions namely: (a) Understanding Construction Contracts: From Procurement to Completion, and (b) Latent Opportunities in the Nigerian Construction Landscape. He said Guest Speakers at the Conference include, Dr. Olawale Babalakin, SAN, Mr. Oloyede Delano, SAN, Director-General, COREN Nigeria, Engr. Ali Alimasuya, and Managing Director, Broll Nig. Ltd, Mr. Bolaji Edu. Other prominent players in the construction industry like, Julius Berger, and the general public, are expected to attend the Conference, Dike added.
Court Dismisses Assault Suit against Lawyer A Lagos High Court sitting in Igbosere, has absolved a Lagos-based Lawyer, Oluyomi Olawore, of the alleged assault charged filed a against him by his former employee, Olakunle Karimu. Justice Adeniyi Onigbanjo dismissed the suit in which the Claimant, Karimu, was demanding N13 million as compensation for his alleged assault, for lack of evidence to support his case. Karimu had filed the suit, to challenge the alleged violation
of his fundamental rights. He claimed, Olawore, his former boss had sponsored police brutality against him, over the opening of a crossed cheque, meant to serve as his severance package. The video of the incident went viral, last year. However, in dismissing the suit, the court held that there is “no merit in the Applicant’s claims against the Respondent, for alleged breach of his fundamental rights in the manner complained about in this. suit.”
Human Rights Advocacy Group Mentors Youths on how to become Better Citizens The watch word should always be, ask ‘not what your country can do for you, but what you can do for your country’. Only by this selfless act of relentless giving, can we hope for a new dawn of national revival in Nigeria. These were the charges of a Lawyer and the Executive
Director of Human Rights and Empowerment Project LTD/GTE (HREP), Mr. Francis Moneke, at a one-day Youth Mentoring/ Empowerment Seminar, which took place at the City Mall, Onikan, Lagos last week. The theme of the Seminar,
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20th Anniversary: ICCN Honours Law Firms, Others, at its 2019 Annual Dinner and Dance Akinwale Akintunde Four law firms were among the organisations drawn from various sectors of the economy, and honoured by the International Chamber of Commerce Nigeria (ICCN) last Friday, at its 2019 Annual Dinner and Dance. The 2019 edition of the Annual Dinner and Dance was, in particular, organised to mark the 20th Anniversary of the ICCN and to celebrate the achievements and milestone of the Chamber, in her 20 years of reorganisation. The law firms, which were presented with meritorious awards, having joined the membership of the Chamber since her reorganisation 20 years ago are, Ajumogobia & Okeke, Dorothy Ufot & Co., Olawoyin & Olawoyin and Sofunde, Osakwe, Ogundipe & Belgore. Other organisations honoured at the event, held at the Civic Centre, Victoria Island, Lagos, include Deloitte & Touche, First Bank of Nigeria Ltd, Guarantee Trust Bank Plc, Guinness Nigeria Plc, JOF Nigeria Plc, Lafarge Africa Plc, WAPCO Nigeria Plc, and Lagos Chamber of Commerce & Industry.
Others are Nestle Nigeria Plc, Nigerian Breweries Plc, Pilot Securities Ltd, Seven Up Bottling Company Plc, and WEMA Bank Plc. According to ICCN Secretary General, Mrs. Olubunmi Osuntuyi, the honoured organisations have contributed immensely to the growth of the Chamber, and have been part of the process that has seen the Chamber rise from a membership of 10 organisations, to over 120 members in the last 20 years. The theme of this year’s Dinner and Dance, which had the Founder/Managing Director, Interswitch Group, Mr. Mitchell Elegbe deliver the Keynote address, was ‘Make Technology Work for All’. Mrs. Osuntuyi said the theme for the 2019 Dinner and Dance, is one of the five topics ICCN had chosen to focus on, for her Centenary anniversary. In his welcome Address, Chairman, ICC Nigeria and Regional Coordinator, Sub Saharan Africa, Mr. Babatunde Savage, FCA, said ICC Nigeria’s focus is on technology, because it is crucial to the success of any economic sector or business venture. Savage noted that, every leap forward in
technology can be a leap forward in human benefit, if managed properly. “ICC Nigeria’s focus on ‘Make Technology Work For All’ presenting the successful experience of a highly innovative business like Interswitch Limited, is most appropriate. Applied technology for the consumer; Technology for greater transparency in business and public management; Technology for education; Artificial intelligence and protection, to mention a few. The growth of this company and the planned move to the capital market, is phenomenal. “Technological progress has led to immense productivity gains. This was the case during the first industrial revolution—and is still the case today. You will agree with me that, technology is a critical resource on which business, governments and society-at-large, hinge. Leveraging insights from artificial intelligence, big data and mobile technology, stakeholders in the industry noted that, this Dinner would focus on encouraging the dissemination of technical knowledge and technologies related to the sustainability of the country. Every leap forward in technology, can be a leap forward in human benefit, if managed
NHRC INVESTIGATION PANEL ON SEXUAL, GENDER BASED VIOLENCE CONTINUED FROM PAGE 5 arrest prostitutes. He said that victims of the raids, mostly women, had made serious allegations of rape, sexual harassment and cruel, inhuman and degrading treatment. “In these raids, none, or very few men, were arrested. Victims of the raids made serious allegations of rape, sexual harassment, cruel, inhuman and degrading treatment. This was one of many raids purportedly carried out by AEPB and the FCT Joint Task Force, regularly. Other notable cases of sexual and gender based violence include, the BBC documentary on ‘Sex for Grades’ in the University of Lagos, and its counterpart in Ghana. This has now raised a recent outcry on the Sexual and Gender Based Violence menace in the homes, work places, church places, and other places of worship. The case of little Ochanya in Benue State, can also not be overemphasised. “Pursuant to the above, the Office of the Vice President requested the Commission to take immediate steps to arrest this scourge in the society, and make appropriate recommendations
to the Government”, he explained. Ojukwu said the members of the Panel, which comprises people from the Academia, Gender Experts, Civil Society and Professional Groups, were carefully selected to represent diverse interests of the society, adding that, the Commission is the Chair and Secretariat. According to him, the specific Terms of Reference of the Panel includes, to review extant laws and regulations applicable to Joint Task Forces in the country, and FCT in particular; Hear complaints and investigate alleged acts of violation of human rights under the 1999 Constitution of Nigeria and other laws; Develop clear guidelines for inspections and raids in the country by task forces that can serve as good practices, against the backdrop of reported cases of abuse overreached by State agents; and proffer recommendations to appropriate authorities on the terms of references, and/ or any other issues related thereto within four months. The Investigation Panel Chairman said the Commission has completed its sitting in Abua with a huge success recorded, as victims of Sexual and Gender Based Violence and other members
of the public who submitted memorandum and complaints were heard in closed chambers. “Also, during the sitting, the Panel made a visit to Locus in Quo, where Sexual and Gender Based Violence survivors were kept. The Commission after sitting in Lagos, will replicate this sitting in South South, South East, North West and North East. This is to enable all victims of Sexual and Gender Based Violence all over the Federation, to be heard”, Ojukwu noted. While commending the complainants for the courage to lodge their complaints and submit memorandum, he assured the victims of protection of their identities. He also commended the Government for its support in setting up the Panel and the partnering agencies including, Open Society Initiative for West Africa (OSIWA), the Rule of Law Initiative (aka Partners West Africa-Nigeria), the Ford Foundation, the Nigerian Policing Programme, Rule of law and Anti-Corruption (RoLAC), UN Spotlight Initiative, and Amnesty International Nigeria, for their continuous support and partnership.
properly. “Technology is crucial to the success of any economic sector, or business venture. However, to tackle the menace of corruption in Nigeria, experts have advised on the use of technology. Adopting and harnessing technology would reduce the opportunities for corruption, ensure transparency, accountability, and promote ethical practices. They stressed that, irrespective of the organisation, products or services, there is a technology solution that suits your need”, ICCN Chairman added. Savage commended Chief Olusegun Osunkeye, ICCN Chairman Emeritus, for his pioneering role of restructuring the Chamber 20 years ago. He also applauded the contributions of the ICCN Commission on Arbitration under the Chairmanship of Prof. Gabriel Olawoyin, SAN, for successfully hosting the ICC Africa Regional Conference on International Arbitration in Nigeria in four years consecutively. “In partnership with the International Court of Arbitration, in four years consecutively, ICC Africa Regional Conference on International Arbitration took place in Lagos, Nigeria. We are delighted to have impacted on over 1,000 Arbitrators, business leaders from different parts of the world. Let me at this juncture, applaud the contributions of the ICCN Commission on Arbitration under the Chairmanship of Prof. Gabriel Olawoyin,SAN. I thank the Planning Committee, the Speakers, Sponsors and Partners for the Conference, while hoping for a greater outing in 2020. I also commend other members serving in different capacities, and for the financial commitments to attend international assignments. “Let me at this juncture acknowledge that, as the Chairman of the Board of ICC Nigeria, I am proud of the achievements of our Chamber in the year under review and the pioneering role of Chief Olusegun Osunkeye, ICCN Chairman Emeritus. I wish to sieze this opportunity, to congratulate Members and Management. It is increasingly important for the private sector to position itself, as a constructive partner. We plan to collaborate with like minds, to further make our world a better place for all. “As we look to the future with great optimism, it is my fervent hope that we will continue to work harder, to lift ICC Nigeria to loftier and enviable heights. Our calendar of activities and events, will be supported by a comprehensive social media and web campaign”, Mr. Savage stated.
Legal Personality of the Week Omosefe Ogheneovo Erhurhu
‘A Lawyer Must Embrace Integrity, Loyalty, Discipline and Hard Work’ Please, give a brief introduction of yourself My name is Omosefe Ogheneovo Erhurhu, an indigene of Ovwor- Olomu, in Ughelli South Local Government Area of Delta State. I am the Head of Chambers at Ayo Asala (SAN) & Associates. I am a graduate of Madonna University, Okija in Anambra State, where I obtained my LL.B Degree in 2007. I attended the Nigerian Law School, Lagos Campus, after which I was enrolled to practice Law as a Barrister and Solicitor of the Supreme of Nigeria in November, 2008. I started my legal career in Lokoja, Kogi State, where I did my National Youth Service Corps (NYSC) with the law firm of A.O. Musa Esq., immediately after my call to Bar. I was sworn in as a Notary Public of the Federal Republic of Nigeria by the Chief Justice of Nigeria, in 2018. I am an Associate member of the Institute of Professional Manager and Administrators of Nigeria (IPMA). I am a member of the Chartered Institute of Taxation of Nigeria (CITN). I am the present General Secretary of the Nigerian Bar Association, Udu Branch, and a statutory member of the National Executive Committee of the Nigerian Bar Association 2018-2020. I am currently a Doctorial (Ph.D) student at the Delta State University, Oleh Campus. I am married with two children. Have you had any challenges in your career as a Lawyer, and if so, what were the main challenges? As a Lawyer, I have been faced with various challenges, but the most striking which I will mention, has to do with the challenge of “charging my fees as a young Lawyer”. I recall an incident where a client came into my office, and after taking
the way they feel it should be done. When such situations rise, I recall the advice I received from my boss, late Ballantyrne Ugege Esq (may his soul continue to rest in peace) that: “A Lawyer should never allow a client dictate to him how to conduct his case, no matter who the client is; as a Lawyer is the master of his case”.
Omosefe Ogheneovo Erhurhu
her brief, I charged her N150,000 which was 10% of the consideration for the property. She looked at me and said, “you this small Lawyer you de charge 10%, senior Lawyers never charge me 10% since I de do Deed”. At this point, I politely asked her to leave my office. I had three of this type of incidents at regular intervals, and on each of these instances, I turned down the brief, since these clients seem to have pegged the cost of drafting a title document to N 20,000.00, until I sought for advice from a very senior Lawyer on how to deal with such clients. I lost a number of clients, at that stage of my practice, but it was an experience I do not regret, to date. Again, there was the challenge of dealing with clients, who consider themselves to be professional litigants. They always want you to do their cases,
What do you consider to be, your worst day as a Lawyer? My worst day as a Lawyer, was a day that I made the mistake of taking a fellow colleague, to see the Vendor of a property. My colleague asked me if I knew the owner of a particular property, that his client was interested in. Since I was dealing with a colleague uberima fides; I felt we could handle the deal together. Unfortunately, since the day I introduced my colleague to the Vendor, he seldom takes my calls and when he does, he would tell me that, he is protecting my interest. After a long while, my colleague told me his client didn’t go for the property again. I finally contacted the Vendor, who informed me that my client had concluded the transaction with him, and the property had been sold. My colleague sidelined me from the transaction, and I felt really terrible. What has been your most memorable experience as a Lawyer, so far? I have had couple of memorable experiences as a Lawyer to date, but permit me to make reference to my experience as a corps member once again. I like sharing those experiences because they were my foundation, and like the Bible says “Do not despise the days of your little beginning”. I appeared before the Chief Judge of
Kogi State, Hon. Justice Ajanah, during my time as a young Lawyer, in a criminal matter. The Director of Public Prosecution was the opposing party, in the matter. After the Court session, I went back to the office, and even before I could tell my boss how the case went, he started praising me. He told me that, the Chief Judge had called him to tell him how brilliant I performed. I had triple of my appearance fees from my boss, that day. Who has been most influential in your life? Permit me to make a divide in my response to this; as a lawyer and as an individual. As a lawyer, I have few persons who has influenced in my life; Hon. Justice Kueju- Bola, Hon. Justice C.E. Achilefu, His Excellency Prof. A.A. Utuama SAN, Ayo Asala SAN, O.I. Mowoe Esq. Ballantyrne Ugege of Blessed memory and M.T. Musa Esq. Why did you become a Lawyer? I became a Lawyer, as a result of my distaste for oppression. What would be your advice to anyone wanting a career in law? A career in law is rewarding in all its ramifications, but you must first embrace integrity, loyalty, discipline and hard work, to succeed. If you had not become a Lawyer, what other career would you have chosen? If I had not become a Lawyer, I would have become an Administrator. Where do you see yourself in ten years? In ten years, I should be a Professor of Law and a Senior Advocate of Nigeria.
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TALKING CONSTITUTIONAL DEMOCRACY DR. MIKE OZEKHOME, SAN
SMS only to 08098898888
Hate Speech Bill: The Final Padlock on Nigerians’ Lips (Part 2)
L Introduction
ast week, we started this vexed and thought-provoking issue on the hate speech bill, which recently scaled through the first reading at the NASS. If this bill is to become an Act eventually, part of the bizarre provisions in the said bill, contains prescription of the death penalty for makers of hate speech. So far, we have looked at the first aborted journey of the bill, in the 8th NASS; the firm position of the then acting President, Yemi Osinbajo, calling it an act of terrorism; the evils of hate speech; the views of Nigerians as regard hate speech, and the exact meaning of hate speech? Today, we shall continue our discourse, starting with hate speech legislation and categories of hate speech. Hate Speech Legislation and Categorisation Laws against hate speech may be divided into two types: those intended to preserve public order and public morality, and those intended to protect human dignity. Those designed to protect public order and public morality, require a higher proof. They are therefore, not enforced frequently. For example, in Northern Ireland, as of 1992, only one person was prosecuted for violating the regulation in twenty-one years. Those meant to protect human dignity, have a much lower threshold for violation. This is why those in Canada, Denmark, France, Germany and the Netherlands, tend to be more frequently enforced. It is axiomatic that, the global capacity and reach of the internet make it extremely difficult to set limits or boundaries to cyberspace and its contents. Hatred therefore, literally crawls on all fours over the cyberspace. The International Covenant on Civil and Political Rights (ICCPR) states that: “any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, shall be prohibited by law”. The Convention on the Elimination of All Forms of Racial Discrimination (ICERD), prohibits all incitement of racism. There are different categories of arguments, by protagonists and antagonists of hate speech. There are the “Direct harm argument”, the “indirect harm argument”, the “antiabsolutist”, the “civility or decorum”, the “positive law”, the “disproportionate impact” and the “majoritarian” arguments. We also have the “morals or symbols”, the “hate crime”, the “globalisation”, “balance of interests”, “incitement”, and the “regulated media” arguments. It depends on whose interest is at stake, and who is the violator or violated. Hate Speech Bill: A Recreation of Buhari’s Decree 4 of 1984 It seems to me that, the present hate speech bill is virtually a reincarnation of the then General Muhammadu Buhari’s Decree No. 4 of 1984, which criminalised any speech that embarrassed the then military government. It did not matter, that the contents of the speech were correct and factual. It was under this draconian Decree that Tunde Thompson, Diplomatic Correspondent of the Guardian, and Nduka Irabor, also of the Guardian at the time, were imprisoned. Under the Decree which was made retroactive, the government was given power to imprison any journalist who embarrassed the country’s military
Belgium The Belgian Anti-Racism Law, in full, the Law of 30 July, 1981 on the Punishment of Certain Acts inspired by Racism or Xenophobia, is a law against hate speech and discrimination, that the Federal Parliament of Belgium passed in 1981. It made certain acts motivated by racism or xenophobia, illegal. It is also known as, the Moureaux Law. Brazil In Brazil, according to the 1988 Brazilian Constitution, racism is an “Offence with no statute of limitations, and no right to bail for the Defendant.”
President Muhammadu Buhari
Senate President, Ahmed Lawan
dictators. The hazy and nebulous law effectively muzzled the press and civil society, for the 18 months Buhari governed, between December 31, 1983 and August 27, 1985. The “offence” of the journalists, was publishing a story about diplomatic postings. Though the story was correct and factual, the Buhari military junta used it to incarcerate Thompson and Irabor for eight months, from February 1984. We appear to be back to that era, with media houses and critics being hounded all over the place.
warrants for money, register, marriage certificate, documents without authority, uttering, forged documents, counterfeiting, impersonation, etc. So, why the new bill?
Hate Speech Bill is an Overbearing Duplication of Existing Laws Although the hate speech bill is a duplication of existing laws, it is clear that its main focus is to bamboozle, gag, intimidate and castrate the press, civil society, critics of government and the opposition, by introducing the death penalty. The Cybercrimes (Prohibition, Prevention, Etc), Act, 2015, has ampfully made provisions for any form of obscene, indecent or menacing message or act that causes annoyance, inconvenience, enmity, insult, injury, harassment, hatred, ill will, anxiety, or even fear of death, violence, or bodily harm, on another person. The offences carry punishments ranging from 3 years imprisonment, monetary fine, to 10 years imprisonment. No death sentence. This is clear, from the provisions of Section 24 of the Act. Even Section 26 that criminalises racist and xenophobic offences, genocide, or crimes against humanity, only carry imprisonment term of 5 years, or a fine of not more than N10 Million, or both. So, why the death penalty in the mulled bill? The Penal Code which operates in the Northern parts of Nigeria, already has Sections 391 – 400, which provide for offences and punishment concerning criminal intimidation by persons, and by anonymous communication; intentional insult with intent to provoke breach of the peace, word, gesture, or act intended to insult the modesty of women, etc. Similarly Sections 59 -60 and 373 – 436 of the Criminal Code, operate in the Southern States of Nigeria. These sections prohibit and punish people who publish or reproduce statements, rumours or reports likely to cause fear and alarm to the public, or to disturb the public peace; or publishes any material tending to expose hatred or contempt for any person, including those exercising sovereignty authority over the State. The punishment ranges from, 2 to 3 years imprisonment. Sections 373 – 381 deal with various types of falsifications – bank notes,
“IT SEEMS TO ME THAT, THE PRESENT HATE SPEECH BILL IS VIRTUALLY A REINCARNATION OF THE THEN GENERAL MUHAMMADU BUHARI’S DECREE NO. 4 OF 1984, WHICH CRIMINALISED ANY SPEECH THAT EMBARRASSED THE THEN MILITARY GOVERNMENT”
Hate Speech in other Jurisdictions No one is saying Nigeria is the first country, to legislate on hate speech. No. Many other countries have legislation, dealing with hate speech. But, none of them has the death penalty attached to it. Indeed, the US Constitution (First Amendment), forbids it totally. USA The first Amendment of the United States Constitution declares, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. It is part of the US Bill of Rights. In Brandenburg v Ohio 395 U.S. 444 (1969), a landmark US Supreme Court case, interpreting the First Amendment to the US Constitution. The Court held that, government cannot punish inflammatory speech unless that speech is “directed to inciting or producing imminent lawless action, and is likely to incite or produce such action”. Specifically, the Court struck down Ohio’s criminal syndicalism statute, because that statute broadly prohibited the mere advocacy of violence. In the process, Whitney v California (1927) was explicitly overruled, and doubt was cast on Schenck v United States (1919), Abrams v United States (1919), Gitlow v New York (1925) and Dennis v United States (1951). See also Debs v US (1919); NAACP v. Alabama (1958); etc. Does the First Amendment Protect Inciting Violence? What are Considered “Fighting Words”? The “fighting words” doctrine, in US constitutional law, is a limitation of freedom of speech, as protected by the First Amendment to the US Constitution. In 1942, the US Supreme Court established the doctrine by a nine decision in Chaplinsky v New Hampshire. See also Terminiello v Chicago 337 US 1 (1949); Feiner v People of State of New York 30 US 315 (1951); R.A.V. v City of St. Paul 505 US 377 (1992); e.t.c. Is Hate Speech Allowed in USA? Hate speech in the United States is thus, not regulated, in contrast to that of most liberal democracies. The U.S. Supreme Court has repeatedly ruled that, hate speech is legally protected free speech under the First Amendment. Australia Australia’s hate speech laws vary by jurisdiction, and seek especially to prevent victimisation on account of race.
Canada In Canada, advocating genocide against any "identifiable group", is an indictable offence under the Criminal Code, and it carries a maximum sentence of five years' imprisonment. There is no minimum sentence. Chile Article 31 of the "Ley sobre Libertades de Opinión e Información y Ejercicio del Periodismo" (statute on freedom of opinion and information and the performance of journalism), punishes with a large fine, those who “through any means of social communication, make publications or transmissions intended to promote hatred or hostility towards persons or a group of persons due to their race, sex, religion or nationality”. Croatia The Croatian Constitution guarantees freedom of speech, but the Croatian Penal Code prohibits discrimination and punishes anyone “who based on differences of race, religion, language, political or other belief, wealth, birth, education, social status or other properties, gender, skin colour, nationality or ethnicity, violates basic human rights and freedoms recognised by the international community.” Denmark Denmark prohibits hate speech. It defines it, as publicly making statements which a group is threatened, insulted or degraded due to race, skin colour, national or ethnic origin, faith or sexual orientation. Finland There has been considerable debate over the definition of "hate speech" (vihapuhe), in the Finnish language. If "hate speech" is taken to mean ethnic agitation, it is prohibited in Finland and defined in Section 11 of the Penal Code, War crimes and Crimes against Humanity, as published information or as an opinion or other statement that threatens or insults a group because of nationality, ethnicity, religion or conviction, sexual orientation, disability, or a comparable basis. Ethnic agitation is punishable with a fine or up to 2 years in prison, or 4 months to 4 years if aggravated (such as incitement to genocide). France France's Penal Code and Press laws, prohibit public and private communication that is defamatory or insulting, or that incites discrimination, hatred, or violence against a person or group,w on account of place of origin, ethnicity or lack thereof, nationality, race, specific religion, sex, sexual orientation, or handicap. The law prohibits declarations that justify or deny crimes against humanity—for example, the Holocaust (Gayssot Act). Germany In Germany, Volksverhetzung ("incitement to hatred") is a punishable offence under Section 130
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Elections or War in Kogi and Bayelsa States? After two decades of Democracy, Nigeria is yet to overcome electoral violence, rigging, vote buying and manipulation of electoral processes. Given what some Observers have called the farce that transpired in Kogi and Bayelsa States, instead of peaceful, free and fair elections, there is no iota of doubt that, the nation has not advanced, but has actually descended and regressed deeper into all manner of electoral vices. Jide Ojo submits that, what happened in the recently concluded Gubernatorial elections in Kogi and Bayelsa States, was nothing but war against the people of those States, as the processes were marred with loss of human lives and property, as well as an erosion of the confidence of the people, in electing their political office holders
Kogi State Governor, Yahaya Bello
A
Electoral War in Kogi and Bayelsa States Background and Preparation head of the November 16, 2019 offcycle governorship elections in Kogi and Bayelsa States, the Independent National Electoral Commission (INEC) had assured and reassured the voting populace and the Nigerian public, about its readiness to conduct credible and peaceful elections. The Commission’s optimism stemmed from the fact that, it had done all it needed to do in preparation for the four elections holding in the two States, namely the Kogi Governorship election, the Kogi West court-ordered Senatorial election rerun, the Bayelsa State Governorship election, as well as the Brass 1 State Constituency poll. In preparation for the elections, INEC hatched an Election Project Plan (EPP), published Timetable and Schedule of Activities, set up the Election Management System (EMS), activated its Inter-Agency Consultative Committee on Election Security (ICCES), distributed Permanent Voter Cards for those who were yet to collect their PVCs from September 2-30, 2019, deployed its Election Risk Management Tool, and held two stakeholders meetings in Kogi and Bayelsa, where Peace Accords were signed by the contesting political parties and their candidates. The Commission also held Policy dialogues and Quarterly Meetings, focusing on the elections with key stakeholders, like the political parties, media, and Civil Society Organisations (CSOs) in the last week of October, conducted voter and peace education including, ‘Vote Not Fight’ campus outreaches in the two States, as well as attended many of the CSO initiated programmes, such as the one organised by Nigeria Civil
Bayelsa State Governor-Elect, Chief David Lyon
Society Situation Room on October 31, 2019. I, personally, attended many of the meetings. With all these high level preparations, one had expected a seamless exercise, peaceful and credible elections. Unfortunately, this was not to be. Nigeria experienced on Saturday, November 16, one of the worst electoral heists since the commencement of elections in 1923. Yes, unlike in 2015 when the governorship elections in both States were declared inconclusive, this time around, the governorship elections produced outright winners on the first ballot, with the exception of Kogi West Senatorial election rerun, which was declared inconclusive due to the massive cancellations of results (over 43,000 votes). In the two States, INEC declared the All Progressives Congress candidates (APC) – Yahaya Bello in Kogi and David Lyon in Bayelsa, as the winners. Quite unfortunately for INEC, many CSOs who were accredited to observe the elections, thumbed down the process and outcome of the polls. In fact, YIAGA Africa and Nigeria Civil Society Situation Room, called for the outright cancellation of the entire Kogi election results.
“NIGERIA EXPERIENCED ON SATURDAY, NOVEMBER 16, ONE OF THE WORST ELECTORAL HEISTS SINCE THE COMMENCEMENT OF ELECTIONS IN 1923”
Accredited CSOs’ Poor Rating of the November 16 Polls Centre for Democracy and Development (CDD) said Nigeria witnessed a gunpoint democracy, during the off-cycle Kogi and Bayelsa elections. A November 18, 2019 press statement released by CDD Election Analysis Centre said: “Our Observer reports from Kogi State have, so far, recorded the deaths of 10 people in various shooting incidents and attacks. Furthermore, EAC accredited non-partisan Observers, including trained roving journalists, reported over 79 critical incidents across the Kogi State off-cycle Governorship, and the rerun Senatorial elections. Incidents ranged from the hijack of electoral materials by thugs, the kidnap of INEC ad- hoc staff, vote buying, attacks on Observers, intimidation of voters, under-aged voting, widespread stuffing of ballot boxes, ballot snatching and multiple voting.” “In Bayelsa, CDD EAC Observers reported over 50 critical incidents, which directly impacted on the credibility of the election. Violence in form of thuggery, ballot box snatching and destruction of voting materials constituted 66.7% of the total reported incidents. These incidents predominantly occurred in Yenagoa, Ekeremor and Sagbama LGAs of Bayelsa State. In Southern Ijaw and Nembe, they had no access.” YIAGA Africa in a statement released on Monday, November 18, 2019 observed thus: “The WTV (Watching the Votes) data shows that, election was not conducted in 24% (61 of 250) of YIAGA AFRICA’s WTV sampled polling units. This incident was more prevalent in 28 polling units in Southern Ijaw LGA, 11 polling units in Ogbia LGA, 9 polling units in Ekeremor LGA, 7 polling units in Nembe LGA, 5 in Sagbama LGA and 1 in Yenagoa LGA of the PVT sampled polling units. Statewide, this data suggests that elections may not have been held in several hundred polling units, thereby seriously compromising the rights of people of Bayelsa to freely determine for themselves their
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Bayelsa State PDP Governorship Candidate, Senator Douye Diri
Inspector General of Police, Mohammed Adamu
Kogi PDP Governorship Candidate, Musa Wada
elected Governor”. YIAGA went further to say that “The political class have perfected their act of undermining the process, and is consistently making it difficult for INEC to conduct the elections across board. Beyond the parties, are also the security agencies who are failing in their critical role of supporting the work of INEC for the safe, effective and successful deployment of materials and safeguarding the process. This failure remains a factor enabling the late commencement of polls, breach of the electoral laws and the wilful commission of electoral offences.” The Nigeria Civil Society Situation Room in a statement issued on November 21 observed thus: “Incidents of violence that occurred in the course of the Kogi and Bayelsa Governorship elections, have raised alarm nationwide about the nature of elections in Nigeria. Unprecedented levels of violence resulting in multiple deaths across both States, is raising questions about the future of Nigeria’s electoral process. National and international Observers are worried that political party thugs and supporters aided by uniformed persons, unleashed massive violence on voters seeking to exercise their franchise. Nigerians question the spree of violence that characterised the elections, despite the heavy deployment of security personnel to the States for the elections. In its interim statement on the Kogi election, Situation Room decried the incidences of attack on some election Observers, vote trading and the presence and free movement of thugs across the State, instigating and perpetrating violence. Situation Room and other Civil Society groups called for the cancellation of the election, in Kogi State.”
“QUITE UNFORTUNATELY FOR INEC, MANY CSOS WHO WERE ACCREDITED TO OBSERVE THE ELECTIONS, THUMBED DOWN THE PROCESS AND OUTCOME OF THE POLLS”
the minimum of 25 per cent of votes needed in the LGAs in the Senatorial district. Fifth, APC did not want to lose any more States after losing Sokoto, Adamawa, Bauchi, Oyo, and Zamfara during the 2019 Governorship elections. Six, something akin to community voting took place in Kogi Central where Yahaya Bello comes from, as he overwhelmingly thrashed his closest rival in all the five LGAs making up the Senatorial district vis- Okene, Adavi, Ajaokuta, Ogori, Magongo, and Okehi. The seventh factor, is the protracted dispute over the outcome of the PDP primaries held in September, where a number of the candidates that lost to Musa Wada were disenchanted, and could possibly have worked against the interest of the party in the election. The last factor that may have assisted APC, is the fact that the Kogi people may not want to be in opposition to the party at the centre, which is APC.
Violence It should be observed that, ahead of the elections, concerns were raised by INEC and some CSOs, about the possibility of a blowout in the two States. Recall that, before the elections the following incidences had been reported in the media: On Wednesday, November 13, there was violence in Ogbolomabiri, Nembe Local Government area of Bayelsa, where Simon Onu, an Outside Broadcast van driver with Radio Bayelsa was killed at the Peoples Democratic Party Governorship campaign rally. The shooting was blamed on APC youths, who resisted PDP from coming to campaign in their area. In Kogi, a man named Yusuf Seidu Uhiene was allegedly killed, after hoodlums attacked the convoy of Governorship candidate of the Peoples Democratic, Engineer Musa Wada, on Saturday, October 19, 2019. Also, Policemen from Abuja, on Saturday, November 2, 2019 arrested a retired Assistant Commissioner of Police, Suleiman Ejeh Abutu, and six others, in Dekina Local Government Area of Kogi State, over alleged illegal possession of firearms and ammunition. Abutu is said to be the Chairman of the security committee for the Wada/Aro PDP campaign organisation in Dekina LGA. Suspected political thugs during the early hours of Monday, November 11, 2019 burnt the Lokoja, Kogi State Secretariat of the Social Democratic Party. On November 12, 2019, the SDP candidate, Natasha Akpoti was attacked by suspected hoodlums at the INEC organised Stakeholders Meeting in the State. The meeting, had in attendance the Inspector General of Police, Mr. Mohammed Adamu, as well as INEC Chairman, Professor Mahmood Yakubu. Even when the elections have been won and lost, violence did not abate. On Monday, November 18, 2019, Mrs Salome Abuh, the Women Leader of the Peoples Democratic Party (PDP) in Ochadamu, Ofu LGA of Kogi State, was burnt alive with her house by suspected political thugs. Four other houses were also reportedly torched, in the community. All the aforementioned electoral violence was why the Transition Monitoring Group and several women’s groups including the Nigerian Women Trust Fund, had said they would write the International Criminal Court in The Hague, The Netherlands and other organs of the United Nations, to protest against the violence which characterised the elections in Kogi State. Defence from the Nigerian Police To demonstrate the ineffectiveness of Nigerian Police to deal with the situation, despite the widespread violence experienced in the two States, especially Kogi State, only 11 arrests have been made. The Inspector-General of Police,
Mr Mohammed Adamu, on Tuesday, November 19 said that ‘Policemen’ alleged to have disrupted Saturday’s Governorship polls in parts of Bayelsa and Kogi States, were “fake” and not the personnel officially deployed for election duties. Adamu stated that, all security personnel, who worked during the poll had “special identification tags”, adding that anyone without the tags was on illegal duty. He spoke with State House Correspondents, after President Muhammadu Buhari and security chiefs held a meeting at the Presidential Villa, Abuja. However, he said an investigation was ongoing, while 11 arrests had been made. The big question is, how can fake policemen and hoodlums overrun over 60,000 security personnel deployed to provide election security in the two States? Recall that, before the elections, Deputy Inspector General of Police AbdulMajid Ali, in charge of Kogi and Bayelsa States, had disclosed that 66,241 personnel would be deployed: 35,200 to Kogi and 31,041 to Bayelsa. How Appropriate is the Call for Cancellation of Kogi Polls? Apart from CSOs who have called for the cancellation of the Kogi elections, many PDP chieftains have echoed similar sentiments. Among them were the PDP candidate in Kogi Governorship election, Engineer Musa Wada, the PDP candidate in Kogi West Senatorial rerun, Senator Dino Melaye, and PDP National Chairman, Uche Secondus, among others. However, what these people and organisations do not know or choose to ignore, is that Section 68 (1)(c) of Electoral Act 2010, as amended says: “The decision of the Returning Officer on any question arising from or related to declaration of scores of candidates and return of a candidate shall be final, subject to review by a Tribunal or Court in an election petition proceedings under this Act”. Thus, the appropriate place to ventilate the call for cancellation, is at the election petition tribunal. Aside Violence, what other Factors may have aided APC Victories in Kogi and Bayelsa? Kogi There were 45 and 25 candidates in the Bayelsa and Kogi 2019 off-cycle elections, respectively. However, it was a two horse race in both States. It was a straight contest, between APC and PDP. These two parties, are most likely to have been the purveyors of violence on November 16. However, some factors may have aided APC to clinch the two States. In Kogi, all the 25 State House of Assembly members, five out of seven House of Representatives members, and two out of three senators belong to APC. The advantage here is that, these elected representatives are likely to have vigorously campaigned for their party. Secondly, the APC candidate, Yahaya Bello, is an incumbent seeking reelection. Thus, he may have maximally used the State Administrative Resources to his advantage. Thirdly, he allegedly reached out to the Yoruba speaking people of Kogi West (the Okun) to support his second term bid, while he would, after his maximum two terms in 2023, support power shift to Kogi West. Fourth, his Deputy Governor and running mate, Edward Onoja is from Kogi East, and was able to win
Bayelsa In Bayelsa, some of the factors that may have worked in APC’s favour, include the fallout of the PDP party primary in September, where a lot of the contestants such as Timi Alaibe felt the exercise was skewed in favour of Senator Douye Diri, the anointed aspirant of the incumbent Governor, Henry Seriake Dickson. Secondly, many notable politicians in PDP, decamped to APC ahead of the election. Thirdly, APC wanted an oil-producing State in addition to Edo State, and wanted to give the party a national clout of being capable of winning elections in all the six geo-political zones. The choice of APC candidate, David Lyon, who hails from the local government with highest number of votes – Southern Ijaw, was also strategic. Bayelsans also do not want to continue to be in opposition party to the one at the centre, which has been the situation in the State since APC came to power in 2015. Lastly, the influence of Gov. Dickson has considerably waned as he is an outgoing Governor, having become a “lame duck” in the twilight of his second and final term. Negative Impact of the Creeping ‘Gunpoint Democracy’ in Nigeria With the heightened deployment of violence to win elections in Nigeria, many critical stakeholders may gradually be disengaging from the electoral process. It was learnt that, arising from the violence in Nembe on Wednesday preceding the Bayelsa Governorship election, some already trained ad-hoc staff withdrew from the conduct of the election, and INEC had to mobilise from the reserves. It is being predicted that, if the orgy of electoral violence is not checkmated, INEC may not be able to have a full complement of credible people to work with it, to conduct elections. Also, due to perpetual violence, the voter turnout will continue to be low. Also, many female politicians will be scared to contest elections, while the vulnerable voters such as Persons with Disability and women will rather stay off the voting centres. On the whole, electoral violence will lead to voluntary disengagement of key stakeholders, such as voters, poll workers, observers, and even journalists, from the electoral process, thereby enabling desperate politicians to have a field day, perpetrating electoral malpractices and sharp practices. Ultimately, there is democratic reversal going on in Nigeria, at present. The Way Forward A number of people have called for electoral reform, to allow INEC use electronic voting and electronic transmission of results. Others have called for the establishment of an Electoral Offences Commission and Tribunal. While I fully endorse these noble ideas, I believe that extant laws can help reduce incidences of violence considerably, if the electoral offences laws and regulations are fully applied, to deal with offenders. Unfortunately, these laws are currently observed in breach, hence, the thriving of a culture of impunity. Jide Ojo, Development Consultant, Author and Public Affairs Analyst
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26.11.2019
The Memorial Book Launch of 'Sasegbon’s Judicial Dictionary of Nigerian Law', a publication conceived and authored by late Deji Sasegbon, SAN, was held at the Agip Hall, Muson Centre, Onikan, Lagos, on Thursday, November 14, 2019. Here are some of the personalities who attended the event.....
Vice President, Professor Yemi Osinbajo, SAN, unveiling Sasegbon’s Judicial Dictionary of Nigerian Law flanked by Mrs. Oge Sasegbon, Chief Wole Olanipekun, SAN and Justice Bode Rhodes-Vivour, JSC
L-R: Chief Wole Olanipekun, SAN, Vice President, Professor Yemi Osinbajo, SAN, Mrs. Oge Sasegbon and Chief Emeka Ngige, SAN
L-R: Mr. Dele Adesina, SAN, Mr. Femi Falana, SAN, Chief Wole Olanipekun, SAN, Mrs Oge Sasegbon, Lagos State Attorney General, Mr. Moyosore Onigbanjo, SAN and Chief Emeka Ngige, SAN
L-R: Chief Emeka Ngige, SAN, Hon. Justice Mrs. Osat Osaghae, Mr. Ehi Esoimeme, Mrs. Oge Sasegbon, Vice President, Professor Yemi Osinbajo, SAN, Chief Wole Olanipekun, SAN, Hon. Justice Bode RhodesVivour, JSC and Mr. Moyosore Onigbanjo, SAN
L-R: Hon. Justice Bode Rhodes Vivour, Mrs. Oge Sasegbon, Mrs. Doyin Rhodes Vivour, SAN and Capt. Dele Sasegbon
Mr. and Mrs. Alban Ofili-Okonkwo
L-R: Mr. Alex Muoka, Mrs. Oge Sasegbon and Mr. Ehi Esoimeme
Some members of the Alumni of Deji Sasegbon & Co with Mrs. Oge Sasegbon
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INSIGHT ABUBAKAR D. SANI
xL4sure@yahoo.com
08034533892
On Open Defecation, Special Courts and Hate Speech
R Introduction
arely has the nation witnessed such a flurry of policy initiatives by two arms of government – the Executive and the Legislature – with break- neck speed (two weeks to be exact), as those recently announced by President Buhari and the Senate, in respect of open defecation, special crimes courts and hate speech, respectively. The first two were made in the midst of public disquiet over the on-going debate by the Senate to control so-called ‘hate speech’, particularly the proposal to prescribe the death penalty for those found guilty of violating the law, when (or if) passed. While it must be said that none of these initiatives, on its face, is objectionable in and of itself, it does appear that the concerns expressed over them, have somewhat tended to overlook deeper issues surrounding their legality. Open Defecation
The Hate Speech Bill Informed public commentary (the legal community), appears to be unanimous about the unconstitutionality of this bill. Is that really the case? What are the parameters for determining the constitutionality or otherwise of any proposed law? Lawyers know that, among such factors it is the extent, or otherwise, to which it is within the legislative competence of the specific lawmaking body which purports to enact it. In the case of the hate speech bill, it was proposed by a Senator, and is presently undergoing debate therein. Accordingly, the question is whether regulation of hate speech, is within the remit of the National Assembly. As correctly opined by eminent senior counsel, Femi Falana, SAN, this question is answered by reference to the provisions of Section 4(3) and the Exclusive/Concurrent Legislative Lists of the 1999 Constitution: the National Assembly can only legislate on a matter contained in either of these Lists. Hate speech, per se, is not contained in any of them. Case closed, right? Unfortunately, it is not that simple. This is because, historically, despite the absence of corruption, economic and financial crimes from both the Exclusive and Concurrent Legislative Lists of the Constitution, the National Assembly enacted the Independent Corrupt Practices and Other Related Offences Commission Act, 2000 and the Economic and Financial Crimes Commission (Establishment) Act, 2003. Both statutes were subsequently validated, by the Apex Court and the Court of Appeal in ATT-GEN. OF ONDO STATE v ATT-GEN. OF THE FEDERATION (2002) 9 NWLR pt. 722, pg. 222, OLAFISOYE v F.R.N. (2004) 4 NWLR pt. 864 pg. 580 and AKINGBOLA v F.R.N (2012) 9 NWLR pt. 1306 pg. 511, respectively. In all these instances, what saved the affected laws, was the fact that, they established specific structures and institutions (the ICPC and the EFCC, respectively) whose mandates,
inter alia, were the promotion and observance of the Fundamental Objectives and Directive Principles contained in Chapter II (Sections 13 to 24) of the 1999 Constitution, within the contemplation of Item 60(a) of the Exclusive Legislative List of the Constitution. In this regard, in ATT-GEN. OF ONDO STATE v ATT-GEN. OF THE FEDERATION, supra, the Apex Court (per Uwaifo, JSC), opined that, “the said Item 60(1) under the Exclusive Legislative List gives the power to the National Assembly to legislate for the establishment and regulation of authorities for the Federation or any part thereof to promote and enforce the observance of the Fundamental Objectives and Directive Principles contained in the Constitution”. Applying this to the anti-Hate Speech Bill, the question is whether its provisions can be related to any Fundamental Objective and Directive Principle of State Policy contained in the Constitution; secondly, and more importantly, whether the bill seeks to establish and regulate an authority to promote such objectives/principles. The answer to both questions appears to be an unequivocal ‘yes’. This is because, in the case of the first question, Section 24(c) of the Constitution clearly provides that: “It shall be the duty of every citizen to respect the dignity of other citizens and the rights and legitimate interests of others and live in unity and harmony and in the spirit of common brotherhood”. As for the second question, the bill reportedly seeks the establishment of an “Independent National Commission for Hate Speech”, which shall enforce hate speech laws across the country. To that extent, it would be a stretch to insist that the bill, in its present form, is ultra vires the National Assembly. I don’t think it is. In my view, what ought to agitate informed opinion, is whether the small print of the law, when passed, is precise enough to pass the ambiguity test contemplated by Section 36(12)
HATE SPEECH BILL: THE FINAL PADLOCK ON NIGERIANS’ LIPS (PART 2) of the Strafgesetzbuch (Germany's Criminal Code), and can lead to up to five years' imprisonment. Section 130 makes it a crime to publicly incite hatred against parts of the population, or to call for violent or arbitrary measures against them or to insult, maliciously slur or defame them, in a manner violating their (constitutionally protected) human dignity. Thus, for instance, it is illegal to publicly call certain ethnic groups "maggots" or "freeloaders". On June 30, 2017, Germany approved a bill criminalising hate speech on social media sites.
“PERHAPS, A SIMILAR INSTITUTION TO THE ONE ENVISAGED BY THE BILL, WILL MAKE THE DIFFERENCE. IN OTHER WORDS, A NATIONAL COMMISSION FOR ERADICATING OPEN DEFECATION.....THIS IS NEITHER SARCASTIC, NOR FANCIFUL, AS IT HAS SUPPORT IN SECTION 20 OF THE CONSTITUTION.....” of the Constitution which provides that “a person shall not be convicted of a criminal offence unless that offence is defined and the penalty therefor is prescribed in a written law”. So, what, exactly, is ‘hate speech’? According to the Oxford Online Dictionary, “hate speech is speech that attacks a person or a group on the basis of protected attributes, such a race, religion, ethnic origin, national origin, sex, disability, sexual orientation or gender identity”. According to Brittanica.com, another online data source, “typical hate speech involves epithets and slurs, statements that promote malicious stereotypes, and speech intended to incite hatred or violence against a group. Hate speech can also include non-verbal depictions and symbols, for example the Nazi Swastika, the Confederate Battle Flag (in the U.S.) and (even) pornography: these have all been considered hate speech by a variety of people
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Among criminalising hate speech, the law states that, social networking sites may be fined up to €w50 million (US$56 million), if they persistently fail to remove illegal content within a week, including defamatory "fake news".
of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence". (To be continued)
India Freedom of speech and expression is protected by Article 19 (1) of the Constitution of India, but under Article 19(2) "reasonable restrictions" can be imposed on freedom of speech and expression, in the interest of "the sovereignty and integrity
THOUGHT FOR THE WEEK “Laws on hate speech and hate crimes, do important work in a world that has been rooted in racism and bigotry since the inception of this country, which was not founded on ideals of justice.” (DeRay Mckesson).
and groups”. To this, one might add the sort of inter- ethnic statements, which directly fuelled the Rwandan Genocide of 1994. Subject to the foregoing limitations, it is clear that, given the widely- acknowledged dangers of hate speech, an unrestrained and unchecked right to freedom of speech and expression, will lead, not only its abuse, but the endangerment of vulnerable groups and minorities. According to William Curtis, the proponents of such curbs or controls argue that, hate speech is not merely the expression of ideas, but rather, an effective means of socially subordinating its victims. Hence, in his opinion, the ongoing debate in liberal democracies, over whether and how hate speech should be regulated or censored. With the notable exception of the United States (courtesy of the First Amendment to its Constitution), liberal democracies such as France, Germany, Canada and New Zealand, all have laws designed to curtail hate speech. Accordingly, the proposed anti-hate speech bill would not be bucking the trend worldwide, but would rather be consistent with it. What seems harder to justify is the death penalty prescribed for its violation, if such speech is proved to lead to death. This might seem harsh or extreme, but is not altogether unprecedented, as it is already prescribed in anti- kidnapping laws in certain jurisdictions, where kidnapping leads to the death of the victim or anyone else. Open Defecation and Special Courts Apparently not to be outdone by the Senate in this seeming competition to be perceived as responsive, if not proactive, the Executive has declared a war on open defecation across Nigeria. This was done through an Executive Order, which President Buhari issued last week. Hopefully, it is the magic wand which will rid us all of the putrid stench of that all-too common habit. Unfortunately, public reaction to this otherwise commendable initiative has been rather muted, apparently drowned-out by the seemingly far more odious hate speech bill, as aforesaid. Perhaps, a similar institution to the one envisaged by the bill, will make the difference. In other words, a National Commission for Eradicating Open Defecation . . . This is neither sarcastic nor fanciful, as it has support in Section 20 of the Constitution which enjoins the State to inter alia, “protect and improve the environment and safeguard the water, air and land of Nigeria”. Indeed, the President’s advisers appear to have anticipated the need for such an institution, as the Order establishes a so-called Clean Nigeria Secretariat, within the Federal Ministry of Water Resources, which is mandated to ensure that all public places have accessible toilets. The ultimate goal of the initiative, according to the Order, is to ensure that Nigeria is open defecation-free by 2025. The problem with this, is that, it is doubtful if a mere Ministerial body, such as the Clean Nigeria Secretariat, is the appropriate means of giving effect to the said Fundamental Social Objective (i.e.Section 20 of the Constitution). I doubt that such an ad-hoc body (it will terminate when Nigeria is declared Open Defecation-Free), was contemplated by the framers of the Constitution. At any rate, by virtue of Section 60(a) of the Constitution, as previously submitted, only the National Assembly is competent to establish such an institution. Be that as it may, if these proposals fail to do the trick, perhaps, open defecation should be included in the remit of the Special Courts which the President also proposed last week, at an anti-corruption summit. Surely, the indiscipline or indiscretion displayed by those who persist in polluting our environment through this practice, is a form of corruption, deserving of special judicial intervention in the form of a separate court system. Who, but the most nasally tone-deaf, can argue with this prescription?
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26.11.2019
IN BLACK AND WHITE ADERINSOLA FAGBURE
afagbure@yahoo.com
Legal Regulations Amidst the Social Media Brouhaha
I
Introduction was opportune to attend the 2019 Annual General Conference of the Nigerian Bar Association (NBA AGC 2019), a sitting which was described by the Chairman of the Local Planning Committee as, “the largest gathering of Lawyers in Africa”, and by the President of the International Bar Association (IBA) as, “a combination of two IBAs in one”, and more. By whatever description used, the NBA AGC 2019 was truly educating and enlightening, characterised by progressive discussions in consonance with the Conference theme of “Facing the Future”. Of all the activities I engaged in, including commuting between the far-flung Conference venues, navigating through the “Whova” technological application on my phone screen, listening to the robust array of speakers cum panelists, and trying my hands at networking; the discussions emanating from the session themed “Social Media: Culture, Liability and Professional Ethics” were most remarkable, as will be examined in subsequent paragraphs. Taking a cursory look at the NBA AGC programme, I made a mental note to attend the session on social media. This decision, though beneficial, is not unusual, considering the fact that I am a student of Roscoe Pound, and a fervent advocate of the responsible use of social media as a tool for social engineering. Social Media and Legal Matters Arising Certainly, social media has influenced the way we live, and, consequently, the way law is practiced. The proliferation of social media networks and users, has also initiated discussions on legal reforms and regulation on the subject. The subject of social media usually raises two primary issues of interest to Lawyers, irrespective of their specialisation. The first relates to how Lawyers can conservatively engage on various social media platforms, without breaching the Rules of Professional Conduct (RPC), while the second centres around the need for improved regulation of social media activities, bearing in mind the legal impact of social media on businesses, as well as the continuous struggle to stay abreast of related improvements. Of particular interest, are the privacy cum security, intellectual property, employment and defamation concerns, relating to social media, globally. It must be stressed that, in spite of the call for the enactment of social media specific regulations, the basic rights and responsibilities attaching to traditional relationships equally apply to the social media world. The United States Court of Appeal for the Fourth District of Texas, recently decided Hosseni v Hansen, a case that reinforces the principle that, social media activity can satisfy the long established principle of “publication” and the related requirement for defamation, and that courts should continue to apply legal principles created in a pre-digital age to the changing technological landscape. Social Media and the Rules of Professional Conduct (RPC)
media influencers die, I wonder what would happen with their accounts, posthumously. Issues surrounding the transmission after death of content created on social networks (Instagram, Twitter, Facebook and the likes), have become of interest to succession law practitioners in particular. A recognition of the fact that content is king, and a valuable form of digital asset could provide a basis for the initiation of conversation pushing for the reform of legal provisions to allow a deceased user’s family or successors the right to acquire intellectual property rights to unpublished content, without necessarily allowing such successors access to the actual account. It has also been argued that, the law should prevent the deceased’s successors from controlling his/her account and personal data, for reasons relating to post-mortem privacy. A great deal of the conversation at the NBA AGC, was on the limitations posed by the RPC to advertisement. The RPC provisions which restrict Lawyers from soliciting for briefs, were drafted with the intention of protecting and preserving the nobility of the profession. It must be admitted that, a situation where Lawyers are unrestrained and allowed to haggle, hassle and scramble for briefs, could cheapen and demean the practice of law. However, this provision does not preclude Lawyers from being active on social media, albeit while exercising some degree of caution. For example, advancements in technology cannot be an excuse to divulge confidential information relating to clients, and to “adjudicate or pronounce verdicts” on matters that are sub judice. The IBA recognises the significance of social media on legal practice, and has articulated a number of rules relating to the use of social media by Lawyers, in its guidelines titled “IBA International Principles on Social Media Conduct for the Legal Profession.” The guidelines acknowledge that, social media provides a platform for legal professionals to promote the administration of justice, by engaging the public in legal practice and debate. A proposal was therefore, made for the amendment of the RPC to allow for the use of social media by Lawyers. In the interim, however, it was suggested that the NBA should take a cue from the IBA, by putting together an indigenous guideline, to regulate social media conduct for Lawyers called to the Nigerian Bar. The contents of the suggested NBA guidelines should be of interest to every Lawyer practicing in Nigeria, because extreme harshness or undue
leniency could adversely affect the profession, in the digital age. Social Media Law- A Specialisation in Itself As mentioned earlier, technological advancements and the addictive nature of social media, is characterised by abuse and breaches. The constant abuse of the use of social media and the persistent clamour for privacy, give rise to a number of legal questions which ultimately create a unique practice area for pro-active Lawyers. Certainly, social media gives individuals access to vehicles for self-expression, and to an audience unrestricted by geography, such that users contend that these platforms are the equivalent of engaging in a conversation, and, as such, discern no potential for legal repercussions for what they put up in this space. It is pertinent to mention, however, that technology is no excuse for breaching another person’s rights. Therefore, responses to social media abuse, are either private or public. In the private realm, regulation of online speech can be carried out through the law, via industry measures, or the use of voluntary policies by the providers. The ‘Report’ function which allows users to report abusive comments and inappropriate content, is available on all social media platforms, and supported by the user terms and conditions of these platforms. However, these may not be sufficient safety measures to protect vulnerable users. The legislators therefore, have a responsibility to enact legislation to protect the rights of their citizens. Lawyers have a role to play, in ensuring that the relevant bills are drafted, taking existing legislation and treaties into consideration. Each time prominent social
“CERTAINLY, SOCIAL MEDIA HAS INFLUENCED THE WAY WE LIVE, AND, CONSEQUENTLY, THE WAY LAW IS PRACTICED. THE PROLIFERATION OF SOCIAL MEDIA NETWORKS AND USERS, HAS ALSO INITIATED DISCUSSIONS ON LEGAL REFORMS AND REGULATION ON THE SUBJECT”
Employee/ Employer Concerns in relation to Privacy The use of social media can be said to have blurred the line between person and private life, particularly with employees struggling to create their personal brands within the existing organisational structure. Many employers are beginning to put in place employee privacy laws, which are expected to define the boundaries between an employee’s rights to personal privacy, while balancing the rights of an employer to protect itself from risks or harm that may result from an employee’s activities. These rules are evolving and vary from industry to industry, and even differ across jurisdictions. In the interest of protecting themselves, employers often create social media policies that are broad and sweeping. However, many of these omnibus provisions and regulations have been criticised, based on the argument that every citizen has a right to free speech as guaranteed by the Constitution of almost every nation. The question, “should working in an organisation interfere with an individual’s fundamental human rights?” leaves room for research and reactions from labour Lawyers. Conclusion Discussions relating to social media and the law are most timely, with Twitter and Facebook making headlines in recent weeks, following their announcement of new policies concerning political advertising on their platforms. These policies have sparked controversy, with Twitter's ban also affecting adverts relating to advocacy for legislative issues of national importance. It is however, safe, to defer analysis of the new regulations until Twitter releases its full policy on 15 November, 2019. While we wait for the full insights into these regulations, I believe Lawyers should take advantage of the benefits of social media, within the ambits of true professionalism. The definition of professionalism, will however, need to be regulated by the Nigerian Bar Association, with a view to preserving the tenets of the noble profession. It will not be out of place, to have this indigenous social media regulation cum guidelines unveiled at the NBA AGC 2020.
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INSOLVENCY DISCOURSE DR. KUBI UDOFIA
info@kubiudofia.com
The New Credit Risk Protection Clause for Nigerian Commercial Banks: Efficacy and Limitations
A Exordium
major challenge which has continuously bedevilled Nigerian banks, is the burden of non-performing loans (NPLs). Data from the Nigerian Bureau of Statistics reveal that, NPLs stood at N1.44 trillion at the end of the second quarter of 2019. This was about 9.3% of total loans in the banking sector, and the first time in 40 months that NPL ratio would be in single digit. Despite rising NPLs, lack of access to credit has remained the bane of most businesses in Nigeria. In recent times, the Central Bank of Nigeria (CBN) has initiated measures aimed at improving credit culture, as well as credit risk management. One of such initiatives was the resolve of CBN and Bankers’ Committee at the Committee’s 345th meeting, to introduce a credit risk protection clause in loan agreements. This discourse examines the efficacy and limitations of this initiative. The Credit Risk Protection Clause First, the obligor covenants to repay the loan when due, in the event of a default. Last August, CBN issued an Implementation Guideline, in relation to the credit risk protection clause. CBN’s sample clause encapsulates two covenants, and a waiver. The obligor acknowledges the lending bank’s right to request CBN to direct other banks to set-off the obligor’s indebtedness from any money or financial asset held by the banks, for the obligor’s benefit. Second, the obligor covenants and “warrants” that the lending bank shall have the power to set-off its indebtedness from financial assets and monies standing to the obligor’s benefit/credit, in other banks. Third, the obligor waives its/his right of confidentiality, and irrevocably agrees not to argue to the contrary before a court or any judicial or quasi-judicial authority. Loan agreements are henceforth, required to contain bank verification and/or tax identification numbers of obligors. This is for ease of identification of other deposits of the obligors, across the banking industry. The clause is prima facie enforceable, and may provide succour to lending banks in some instances. The enforceability of the clause, may be hinged on at least two legal principles. First, on banker/customer relationship. Second, on the law of assignment. In a banker/customer contractual relationship, the banker has an obligation not to pay out money in the customer’s account, except to the customer’s order or by his instructions: FBN Ltd v African Petroleum Ltd (1996) 4 NWLR (Pt. 443) 438 at 444H, 445E. The credit protection clause, may be viewed as a customer/obligor’s order to its banker to pay money held to the customer’s credit, to a lending bank. Alternatively, it is settled law that, money deposited in a bank by its customer, is a loan to the banker: Joachimson v Swiss Bank Corporation (1921) 3 KB 110 at 127. Consequently, a banker/customer relationship, is that of debtor and creditor: UBN Plc v Ifeoluwa (Nigeria) Ltd [2007] 7 NWLR (Pt 1032) 71 at 83C-D. The credit risk protection clause, thus, constitutes an assignment by the customer/obligor to the lending bank of a debt owed by the customer/obligor’s banker. The clause may not, and is certainly not meant to provide foolproof protection. First, the clause will be unhelpful, where the obligor has no deposits in other banks. Second, the clause will be of limited help, where the obligor does not have substantial deposits in other banks. Third, its enforceability may be impaired, by a number of factors. This poses the biggest threat, to the efficacy of the credit risk protection clause. A Banker’s Set-off Right A banker’s right to set-off or combine accounts is a well-established legal principle, which is generally implied in banker/customer relationships. In the absence of an express agreement to the contrary, a banker is entitled to combine accounts of a customer, who has two or more accounts with the bank: National Westminster Bank Ltd v Halesowen Presswork & Assemblies Ltd [1972] AC 785 at 819F. A banker may use money paid into one current account, to cover missed payments on other accounts: FBN Ltd v Osunsedo [1997] 11 NWLR (Pt 527) 132 at142F-G. A banker’s right to combine accounts, will have priority over a credit risk protection clause. A banker would logically ensure that a customer’s accounts are properly settled, before making any payment to another
“LOAN AGREEMENTS ARE HENCEFORTH, REQUIRED TO CONTAIN BANK VERIFICATION AND/ OR TAX IDENTIFICATION NUMBERS OF OBLIGORS. THIS IS FOR EASE OF IDENTIFICATION OF OTHER DEPOSITS OF THE OBLIGORS, ACROSS THE BANKING INDUSTRY”
tion, the security interest in such deposits/monies, will be automatically perfected: Section 9(1)(b) STMAA.
bank pursuant to a credit risk protection clause. Fidelity Bank Plc v Okwuowulu (2012) LPELR-8497 which relates to garnishee proceedings, illustrates this point. In that case, the court held that, the garnishee/banker had properly merged the customer/judgement-debtor’s accounts for the purpose of “settling accounts” between the customer/judgement-debtor and the garnishee/ banker. The court stated that, the garnishee order nisi was subordinate to the garnishee/banker’s interest in the merged accounts by operation of law and equity, and the garnishee/banker was “perfectly right” to protect its right to sums in the customer/judgement-debtor’s account, which was in credit.
Accounts not in Obligor’s own right The credit risk protection clause may only be enforced against accounts in other banks, with monies standing to the obligor’s benefit/credit. It may not be enforced against deposits held in trust, joint accounts, business accounts etc. In relation to a banker’s right to set-off or combine accounts, it is trite law that, when a banker opens two accounts for a customer, one in the customer’s name and the other in a business name, in the absence of any express agreement to the contrary, there is an implied agreement that the accounts are to be kept separate: Asman Mechanical Ltd v Spring Bank Ltd [2012] All FWLR (Pt 613) 1824 at 1864. In British & French Bank Ltd v Opaleye [1962] 1 All NLR 26, the Respondent had two bank accounts with the bank. One was in his name (Opaleye Rafiu Afolabi Bello), and the other was in the name of his business (Fekemo Brothers). Money was paid into the personal account which was in credit, while the business account was overdrawn. The bank, without the Respondent’s notice or consent, used the personal account’s credit to reduce the overdraft in the business account, and prevented the Respondent from drawing on the personal account. Bairamian FJJ held that, in the absence of any express agreement to the contrary, there was an implied agreement that the accounts were to be kept distinct and separate. This decision was followed in Adejuwon v Co-op Bank Ltd [1992] 3 NWLR (Pt 228) 251 where the name of one account was “Ositelu Brothers Ltd”, while the second account was named after the first Appellant, “Oloyede Adejuwon”. Where a debtor maintains a joint account in a bank, the credit risk protection clause may not be used in clawing deposits from such jointly-held account. This is plainly due to the third party interest. Monies which are subject to trust, cannot be claimed pursuant to a credit risk protection clause. In FBN Ltd v Osunsedo [1997] 11 NWLR (Pt 527) 132 at 142E which was in relation to a banker’s right to combine accounts, the customer’s contention that an account was a trust account was discountenanced, based on the peculiar facts of that case. The court found that, the customers had not informed the banker at the time of opening the account, that the deposit was remittance to the children of the account holders for studying abroad.
Bank Accounts Subject to Security Interests Where a debtor’s bank account is subject to a security interest, a credit risk protection clause may be incapable of enforcement, in relation to that account. The credit protection clause, does not confer any security interest on the lending bank. It is simply, a contractual right. Security interest over bank accounts and deposits may now be created and perfected, by virtue of the Secured Transactions in Moveable Assets Act 2017 (STMAA). Assuming lending banks sought for additional layer of protection by ingeniously procuring obligors to pledge not to encumber their accounts in other banks, such “negative pledge” will not affect the validity/effectiveness of a subsequent security interest, created over the bank accounts: Section 4(3) STMAA. Further, assuming lending banks were to create (and perfect) security over such bank accounts, a banker’s right to set-off will still have priority over such perfected security interest: Section 29(1) STMAA. A security agreement may be expressed to cover all monies, subsequently deposited in an account. In such a case, monies paid by the obligor into the account would be subject to the security, without the obligor’s consent or any further security agreement: Section 3(2) STMAA. A perfected security interest has the same priority in relation to all secured obligations, whether present or future: Section 24(2) STMAA. Where deposits in bank accounts are traceable proceeds of the sale of a moveable asset which was subject to a perfected security interest, the security interest continues to such monies/deposits: Section 7(1) STMAA. In addi-
Formal Insolvency Proceedings Upon commencement of formal insolvency proceedings for an obligor, a lending bank with a credit risk protection clause would be a mere unsecured creditor. Taking the deposit of the insolvent obligor from another bank after the commencement of formal insolvency proceedings will be void, unless a court orders otherwise: Section 213 of Companies and Allied Matters Act, 1990 (CAMA). Where the deposit is taken within three months prior to the commencement of formal insolvency proceedings, an officeholder may challenge same as constituting a fraudulent preference: Section 495 of CAMA and Section 46 of the Bankruptcy Act, 1979.
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26.11.2019
Arbitration Regulatory Framework and the Role of Government Excerpts of the Keynote Address delivered by Senator Michael Opeyemi Bamidele, Chairman, Senate Committee on Judiciary, Human Rights and Legal Matters, at the Nigerian Institute of Chartered Arbitrators 2019 Annual Conference, in commemoration of its 40th Anniversary
A
Definition of Arbitration rbitration, is an alternative means of resolving disputes. It comes under one of the classes of alternative dispute resolution (ADR) mechanisms, such as Conciliation, Mediation etc. In Nigeria, Section 57 (1) of the Arbitration and Conciliation Act, provides that: “Arbitration means a commercial arbitration whether or not administered by a permanent arbitral institution”; the Act made emphasis on the commercial nature of arbitration, and further defined the term as follows: “commercial means all relationship of a commercial nature, including any trade transaction for the supply or exchange of goods or services, distribution agreement, commercial representation or agency, factoring, leasing, construction works, consulting, engineering, licensing, investment, financing, banking, insurance, exploitation agreement or concession, joint venture and other forms of industrial or business co-operation, carriage of goods or passengers by air, sea, rail, or road”. Though, the aforementioned legislation attempted to do a list of commercial and trade transactions, they can never be exhaustive without the inclusion or introduction of a general term, to cover the field, and to duly capture the intentions of the Legislature. These are also part of the roles of the Government, in creating an enabling environment, which as much as possible, would prevent approach to the regular courts. There are also several judicial interpretations of Arbitration, and I make reference to the Supreme Court decision in NNPC v Lutin Invest. Ltd, where Hon. Justice Ogbuagu, JSC, defined Arbitration in the following manner: “... an arbitration is the reference of a dispute or difference between not less than two parties for determination, after hearing both sides in a judicial manner by a person or persons other than a court of competent jurisdiction. The Arbitrator, who is not an umpire, has the jurisdiction to decide only what has been submitted to him by the parties for determination...”. Regulatory Framework First and foremost, as a thriving society, we need laws to regulate the conduct of our affairs. Therefore, there is no gainsaying the fact that, the need for regulatory frameworks in arbitration cannot be overstated, and the groundswell of a variety opinions lend credence to this fact. Thus, Arbitration is conducted based on existing laws, conventions and Rules, which regulate the Arbitral Tribunal’s existence/appointment, composition, proceedings, award and enforcement of same. Obviously, there cannot be conduct of arbitration, without the regulatory framework upon which the Tribunal or Institute can exercise jurisdiction or powers to act. This is similar to the establishment of the regular courts by laws, and the conduct of its proceedings by Rules established pursuant to powers given to the various heads of the Court by Law or the Constitution. Reference is made to Sections 230 to 284 of the Constitution of the Federal Republic of Nigeria 1999 (as amended). When we talk about Arbitration, we must basically make reference to three main regulatory frameworks to wit: UNCITRAL Model Law on International Commercial Arbitration of 1985 (amended in 2006), UNCITRAL Arbitra-
tion Rules of 1976 (revised in 2010), and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. It is important to note that, there are other Arbitration conventions like the Geneva Conventions 1923 and 1927, Washington Convention on Settlement of Investment Disputes between States and Nationals of other States of 1965, European Convention on International Commercial Arbitration 1961, the Convention on Settlement by Arbitration of Civil Law Disputes resulting from economic scientific and technical cooperation of 1972, the Moscow Convention of 1972, the Ohada Treaty of 1993, amongst others. Suffice to also state that, various States enact national laws, which regulate conduct of arbitral proceedings, but in West Africa, Nigeria is the only country taking the leading role with the enactment of the Arbitration and Conciliation Act, which is modelled according to the UNCITRAL Model Law, Lagos State Arbitration Law 2009, Lagos Court of Arbitration Law 2009, establishment of various institutions, such as the Lagos Court of Arbitration (LCA), Lagos Multi-Door Court House, etc; you would now agree with me when I said in the beginning of this address, that Lagos is considered first. It is important to state that, reports have shown that Ghana has also established the Alternative Dispute Resolution Act 2010, and the Ghana Arbitration Centre. Role of Government The role of the Government is essential, in the strengthening of the arbitral legal frameworks. It has earlier been mentioned that Arbitration is anchored on the law, notwithstanding the role played by parties in the appointment and conduct of the arbitral proceedings. One of the essences of governance, is to ensure peaceful co- existence amongst individuals. While arbitration is fast growing in the private sector, it is pertinent to encourage Government support. In this connection, it is inherent on the Government to participate as a stakeholder in the development of the process, by enacting necessary laws, which would go a long way in reducing the hardship and challenges facing Arbitration. Even though, law making is the exclusive preserve of the Legislature, the process of enacting laws, as adopted by the 9th Senate in its Legislative Agenda, has made it open and an all-inclusive affair. In this regard, we would enjoin you to participate in all the law making processes, to enable us pass laws that will stand the test of time, and are in line with best practices. According to African Legal Solutions publication of 17th April, 2019, there are not less than 72 Arbitration Institutions in Africa, though mostly private. This is a wakeup call for the Government to get more involved in
Senator Michael Opeyemi Bamidele
Arbitration, to enable it achieve the desired legal framework, and to gradually reduce the need to approach the regular courts for one reason or the other. And in some instances, cases stay in court for many years only to achieve a particular purpose, for instance, an application for grant of stay of proceedings and to refer parties to arbitration (Section 4 (1) and (2)) of the Arbitration and Conciliation Act; appointment of Arbitrators where the parties are unable to do so (Section 7 of the Act); during the conduct of the proceedings (Section 23 of the Act) and the recognition and enforcement of awards, (Sections 31, 32, 51, 52, 29 (2), 30 and 48 of the Act). It is reported that in Egypt, there is a Government supported arbitral institution known as, the Cairo Regional Centre for International Commercial Arbitration (CRCICA). Upon its establishment, it was made independent, and given all privileges to ensure its smooth running. It is therefore, necessary for the Government to make efforts to support arbitration, as this will, in the long run, assist in the de-clogging of the dockets of the regular courts, thereby also giving the public a sense of confidence in the Arbitral process. It is recommended for the judiciary, to accord a sense of dispatch to all arbitral related matters, in order not to defeat the essence of opting for Arbitration. The Government can be more supportive, by providing necessary facilities for Arbitral Proceedings in the same manner facilities are provided for the Courts in Nigeria, but with some minimal cost, payable to Government, for the management and running of the facility. In the end, this would reduce the cost of Arbitration, which requires the parties to also pay cost for the venue other than the Arbitrators fees for the conduct of the proceedings. Though, I am not unmindful of the fact that Arbitration is privately driven
“......IN WEST AFRICA, NIGERIA IS THE ONLY COUNTRY TAKING THE LEADING ROLE WITH THE ENACTMENT OF THE ARBITRATION AND CONCILIATION ACT, WHICH IS MODELLED ACCORDING TO THE UNCITRAL MODEL LAW, LAGOS STATE ARBITRATION LAW 2009, LAGOS COURT OF ARBITRATION LAW 2009, ESTABLISHMENT OF VARIOUS INSTITUTIONS, SUCH AS THE LAGOS COURT OF ARBITRATION (LCA), LAGOS MULTI-DOOR COURT HOUSE”
and its proceedings, confidential. It is a common saying that, the cost of getting justice through regular courts is quite expensive, and one of the advantages of arbitration to litigation is reduced cost, but it would be a misgiving if at the end of the day, parties are made to part with so much cost as fees in Arbitration. Therefore, the Government would in turn have reduced the work load on our Judges, when the enabling environment is created for Arbitration. There is also the need for proper sensitisation of the public, as to the advantages of Arbitration as a means of resolving disputes. If we are to carry out statistics of public awareness, we may be shocked to know that 70% of the public who are into commercial transactions, know little or nothing about Arbitration. This, certainly does not augur well. for the desire to tilt towards arbitration. I would commend Lagos State Government again, for its leading role and being at the forefront in fostering the growth of Arbitration. The enactment of the Lagos Court of Arbitration Law No. 8 of 2009 led to the building of the Lagos Court of Arbitration (LCA), and this has enhanced Arbitration in the State. Because of these commendable feats, hearings and other activities are now conducted in the various hearing rooms of the LCA, as against the norm of using hotels and private offices for arbitral proceedings. This has given Arbitration a face in the State which is worthy of emulation, and we shall encourage such growth in other States across the country, and indeed, the West African sub-region. While it is a welcome development for the Government to support the growth of Arbitration, it is also a known concern that Arbitral Institutions are wary about interference of the Government one way or the other, especially, when the Government is a party to an Arbitral proceeding. In my view, this concern should be secondary, while we achieve the primary purpose of developing Arbitration in West Africa, and ensuring its acceptability to the larger society. I believe this is where we are heading to, in the nearest future. Therefore, we, in the legislative arm of the Government, will continue to strive to see to it that we have an Arbitration friendly environment, and to ultimately make west Africa, an Arbitration Hub. In this vein, inclusion of Arbitration clauses in contracts signed on behalf of the Government and the submission to Arbitration, would play a key role in giving Arbitration a sense of belonging in the scheme of things. It is however, advised that where the Government is a party to Arbitration Agreement, it should choose Africa as the seat of the Arbitration and Africans as Arbitrators, rather than an inclination or preference for Europe. Recently, the Nigerian Government had tried to negotiate the Final Award against the Federal Republic of Nigeria and the Ministry of Petroleum Resources issued in London, England on the 31st of January, 2017 between P & ID v FRN & Anor, wherein the Claimant approached the United States District Court to enforce the award. In the contract entered between the parties, the venue of the Arbitration was London, England or as otherwise agreed by the parties. It was very easy for the Claimant to approach the District Court in the United States, relying inter alia on the New York Convention for its recognition and enforcement. Due to the English Court’s supervi-
CONTINUED ON PAGE 15
26.11.2019
THE LIGHTER SIDE/15
LEGAL HUMOUR
We Hold Your Brief JUDE IGBANOI jude.igbanoi@thisdaylive.com Dear Counsel, As a Medical Lab Technician, I was on duty one night when a patient was rushed into the hospital where I worked at about 2.15am. He had lost quite a lot of blood, and needed to be transfused immediately. Initially, we thought it was an accident, but later, we were informed as we were attending to the patient, that he was a bus driver who was attacked by armed robbers, and his bleeding was from gunshot wounds he sustained, during the attack. The two nurses on duty and I, did our best to stabilise the patient until the morning. But, to our greatest surprise we were summoned by the Medical Director, and on getting there, we met two Policemen waiting in his office. We were queried on why we had to treat someone with wounds sustained from gunshots, when we didn’t know whether or not he was an armed robber. The Police invited us to their station to write a statement, and I was queried at the hospital, and warned against attending to such a patient in future. If we didn’t give prompt medical attention to the driver, he would certainly have died. Although the Police didn’t detain me, I voluntarily resigned from the hospital, because I felt I didn’t deserve the query. My nephew who is a final year law student, later told me that unlike in the past, it is against the law not to attend to a patient with gunshot wounds. Kindly, enlighten us on this. P.I., Markudi, Benue State.
Dear P.I., Your nephew is absolutely right, about the position of the law on the treatment of gunshot victims. Indeed, the position hitherto was that, to treat a patient with gunshot wounds, a medical attendant or the hospital must request for a written note from the Police. But, as innocent victims of gunshot attacks were dying in droves, there was a need to reverse this. So, 10 years ago, the National Assembly passed the Treatment and Care for Victims of Gunshot Bill 2009. Under the law, it is now a serious offence for any medical personnel, to refuse to treat a victim of gunshot. The Act specifically provides in Section 12 that: ‘It shall be the duty of the hospital that receives any person with gunshot wounds, to notify the family members or relations of the victim, as far as they may ascertain within twenty- four hours of becoming aware of the victim’s identity. Section 13: ‘Any person or authority including any Police officer or other security agents or hospital, who stands by or omits to do his bit which results in the unnecessary death of any person with bullet wounds, commits an offence and shall on conviction, be liable to 5 years imprisonment a fine of N50,000 or both. Section 14 further provides however, that: ‘Every hospital or facility that takes or receives for treatment any person with bullet wounds, shall keep adequate record of the treatment’. Though your resignation, in my view, was hasty, because you did no wrong in the circumstances, you are correct to feel that you didn’t deserve a query.
ARBITRATION REGULATORY FRAMEWORK AND THE ROLE OF GOVERNMENT sory jurisdiction over the UK seated arbitration by virtue of the United Kingdom’s Arbitration Act 1996, Nigeria had to file the application to set aside the liability award in the UK, and which application was refused. Other attempts to get the Federal High Court in Nigeria to set aside the liability award by contending that the seat was Nigeria, though granted by the Court in Nigeria, was overruled by the Tribunal, in London. These issues would have been better handled, if we encourage African participation, and pay less attention to the European patronage. Is Regulation the Way Forward? Ladies and Gentlemen, the answer is YES, Regulation is the way forward. I say this without equivocation that man’s continued co-existence in life is regulated by law, therefore, Arbitration without regulations would lead to stagnation, and hinder the needed impetus that would propel development in the sector. There is the need for contemporary Arbitration laws, which would meet the current needs of the African society and our foreign counterparts. The erstwhile proposed repeal to the Arbitration and Conciliation Act CAP A18 LFN 2004 Bill 2017, was passed at the Senate and transmitted to the House of Representatives for concurrence, but, unfortunately, legislative action was not concluded before the dissolution of the 8th Assembly, whereby it lapsed and therefore, by the rules of the Senate, it has to be
NASA was interviewing professionals to be sent on a mission to Mars. Only one could go, and they wouldn't return to Earth. The first applicant, an Engineer, was asked how much he wanted to be paid for going. "A million dollars", he answered, "because I want to donate it to M.I.T". The next applicant, a Doctor, was asked the same question. He asked for $2 million. "I want to give a million to my family", he explained, "and leave the other million for the advancement of medical research". The last applicant was a Lawyer, and when he was asked how much money he wanted, he whispered in the interviewer’s ear, "Three million dollars". The interviewer asked, "Why so much more than the others?" The Lawyer replied, "If you give me $3 million, I’ll give you $1 million, I’ll keep $1 million, and we’ll send the Engineer to Mars". ˾˾˾ What's the difference between a female lawyer and a pit bull? Lipstick. ˾˾˾ What do you call a Lawyer with an IQ of 100? Your ÙØÙßܲ ˾˾˾ What do you call a Lawyer with an IQ of 50? Senator. ˾˾˾ What's the difference between an Accountant and a Lawyer? Accountants know they're boring ˾˾˾ A young Lawyer died and went to heaven (unbelievable we know!). When he got to there, the Lawyer started protesting that it was way too early for him to die. He was only 32 years old, and there must be some mistake. The Angel listened to his protests, and agreed that perhaps it was a mistake and went away to look into it. After a few minutes the Angel came back and said, "I'm sorry sir, but I'm afraid there is no mistake. We calculated your age by how many hours you billed your clients, and you are at least 96".
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re-presented again in the 9th Assembly for consideration. However, that should not deter efforts to achieve the proposed repeal to the Act, as the comprehensive repeal Bill had a lot of good provisions, that would address some of the seeming challenges in arbitral proceedings. It is important to note that, the present Act was based on the 1985 UNCITRAL Model Law and the 1976 Arbitration Rules, whereas there is in existence, the 2006 UNCITRAL Model Law and the 2010 UNCITRAL Arbitration Rules which is most recent. We commend Lagos State for already styling its Arbitration law, according to the 2006 UNCITRAL Model law. The situation is not different with some other West African Countries, for instance, in Benin, Burkina Faso, Cameroon, Chad, Guinea, Guinea Bissau, Ivory Coast, Mali, Niger, Senegal and Togo where the applicable legislation is the Ohada Uniform Act on Arbitration of 11th March, 1999, though they have adopted the New York Convention, but there are no domestic legislations styled according to the UNCITRAL Model law. For the likes of Cape Verde, there is the Arbitration Law No. 76/VI/2005, of 16th August, 2005, Gambia enacted the 005 Alternative Dispute Resolution Act Chapter 6.08 Laws of Gambia Volume 2, Ghana enacted the Alternative Dispute Resolution Act, 2010 ACT 798, Liberia enacted the Liberia Commercial Code Title 7 Ch 7 (2010), Sao Tome and Principe enacted Arbitration Law No. 9/2006
of 6 November 2006, and Sierra Leone enacted Arbitration Act, Chapter 25 of the Laws of Sierra Leone 1960 (CAP 25). It is important to note that, the aforementioned West African States failed to subscribe to the UNCITRAL Model law save for Cameroon and Ghana, with partial recognition of same. However, it is commendable to note that, Nigeria has adopted both the Model Law and is also a party to the New York Convention. As Africans, the way forward is the enactment of contemporary legislative frameworks of international standards, in order to bring in investors and boost confidence in the system. By building and establishing institutions, such as the London Court of International Arbitration (LCIA), International Chamber of Commerce (ICC), International Centre for Dispute Resolution (ICDR), and the London Maritime Arbitrators Association etc. It is not enough to chant the need for Africans to resolve their disputes within the African shores and also to patronise African Arbitrators, without taking proactive steps in championing the desired amendments to existing legislation, in order to develop the Arbitral Institutions in the West Africa region. We are all stakeholders, and we must collectively bring growth in this evolving area of alternative dispute resolution. Senator Opeyemi Bamidele, Chairman, Senate Committee on Judiciary, Human Rights and Legal Matters, Federal Republic of Nigeria
HUMAN RIGHTS ADVOCACY GROUP MENTORS YOUTHS ON HOW TO BECOME BETTER CITIZENS CONTINUED FROM PAGE 5 which had a large turnout of youths, including National Youth Service Corps (NYSC) members, undergraduates and students, was ‘New Orientation for Self-development and Service to the Nation’. According to Moneke, the Seminar was aimed at building a critical mass of Nigerian youths who will transform the country, which is in dire need of a new breed of progressive, honest and patriotic leaders. The Seminar, which is second in the series, had the maiden edition held in Awka Anambra State in 2017, with over 300 youths in attendance. He said service to the country, is a call to patriotism, adding that, patriotism is the love of country and compatriots, and that affection must be expressed and given unconditionally. “Effective service and success in any legitimate endeavour, would be impossible without competence and capacity; hence,
the need for constant capacity building and self development. Now, without self-discipline and enthusiasm, nothing meaningful can ever be achieved or accomplished”, he stated. The Lawyer urged the youths to discover their innate potential, and work hard to achieve it, if they are to contribute to national development. Also speaking at the Seminar, Prof. Pat Utomi, founder of Centre for Values in Leadership (CVL), said cooperation is essential for social development. Utomi, who is a Professor of Political Economy, noted that capitalism does not define cooperation, as it encourages, pursuant of self-interest and competition. “In Nigeria, we are busy killing one another, thus, not moving forward. It is easy to assume self-interest, but the end is detrimental to the nation. “Development will begin when thoughts of Nigerians are for
the country, rather than for personal gain”, Utomi lamented. On her part, the Managing Partner, Kevin Martin Ogwemoh Legal, Mrs. Priscilla Ogwemoh, urged the youths to set career objectives and milestones – short, medium and long-term goals. “You must determine, the path you choose. Take courses, and obtain qualifications that will enhance your opportunities. Ensure you develop skills. “To grow in your career, you need to meet as many people as possible, so networking is important”, she advised. For Prof. Joy Eyisi, the quality education and good reading culture, were the tools for success. She noted that education is the key to development, and its quality the determinant of growth. Also speaking, Founder of Development Dynamics, Dr. Jude Ohanele, described a leader as one who creates more leaders than followers gathered.
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26.11.2019
WORDS OF WISDOM
(Culled from the Internet)
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TUESDAY NOVEMBER 26, 2019 •T H I S D AY
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BUSINESSWORLD R A T E S MONEY MARKET OVERNIGHT OBB
A S
A T N O V E M B E R
REPO 4.43 3.71
CALL 1-MONTH 3-MONTH
4.25 8 8.25
S & P INDEX INDEX LEVEL 1-DAY MONTH-TO-DATE
452.18% 0.03% 2.19%
Group Business Editor Obinna Chima
Email obinna.chima@thisdaylive.com 08152447875
2 2 , S & P INDEX 1/4 TO DATE YEAR TO DATE
2 0 1 9 9.67% 26.67%
EXCHANGE RATE N306.90/1US DOLLAR* *AS AT LAST FRIDAY
Quick Takes Stanbic IBTC Wins Social Media Award
10TH ANNIVERSARY CELEBRATION
L-R: General Manager, Southern Sun Ikoyi, Mark Loxley; Operations and Finance Director Offshore, Tsogo Sun, Lynton Delaney, and Chief Souhail T. Sarieddine of Imo Concorde Hotel, at Southern Sun Ikoyi 10th Anniversary Cocktail event held in Lagos...recently
Report Reveals How Discos Can Save $60m Yearly with Mini Grid Solutions Stories by Chineme Okafor in Abuja A new report has stated that electricity distribution companies (Discos) in Nigeria can make annual savings of between $30 and $60 million by using mini grid solutions to supply electricity to consumers within their networks. Titled ‘Electrifying the Underserved: Collaborative Business Models for Developing Mini grids Under the Grid’ the report was funded by Shell seeded investor - All On and produced by Rocky Mountain Institute (RMI), Clean Tech Hub and Energy Market and Rates Consultants (EMRC). The report made available to THISDAY, described the four business models that are
ECONOMY practical solutions to guide stakeholders through the process of implementing under-grid mini grids in Nigeria. According to the report, these solutions were pathway to implementing under-grid mini grids that have the potential to save Discos and communities millions of dollars while dramatically expanding the market for distributed energy resources in Nigeria. It stated that communities under the grid were either unserved or underserved by their electric utility and are then forced to supplement with expensive diesel or petrol generator sets instead of grid power. The report equally explained
that under-grid mini grids up to one megawatt (MW) in size can solve this challenge, adding that the complex decisions that make up under-grid mini grid business models were looked into in the study with the goal of accelerating the market and enabling the many interested stakeholders to act. “In Nigeria alone, thousands of rural communities could be best served by under-grid mini grids. Implementing 4,000 under-grid mini grid projects has the potential to save Nigerian distribution companies $30 - $60 million annually while offering mini grid owners $1 billion in annual revenue and saving communities $170 million in yearly energy expenditures. “The opportunity continues
to scale to Nigerian peri-urban communities - where higher loads strengthen the business case for mini grids - and underserved communities throughout subSaharan Africa and the world,� it explained. It quoted the said Chief Executive Officer (CEO) of Clean Technology Hub, Ifeoma Malo, to have said that: “The growth of the energy access sector in Nigeria is evident in the growing interest of distribution companies in increasingly exploring ways to grow their market base and meet underserved needs. This report will be a pivotal guide for mini grid developers, investors, and distribution companies in deciding the best business Continued on page 24
NEITI, EFFC Move against Criminality in Extractive Sector The Nigeria Extractive Industries Transparency Initiative (NEITI) has agreed to work with the Economic and Financial Crimes Commission (EFCC) to curb instances of criminality in Nigeria’s extractive industries. NEITI and EFCC, according to a statement signed by NEITI’s Director of Communications, Dr. Orji Ogbonanya Orji, would in this regard sign a Memorandum of Understanding (MoU) through which the new partnership against criminals in Nigeria’s oil, gas and solid minerals sectors would be sought and prosecuted. In its several reports of operations in Nigeria’s extractive sectors, the NEITI had
ECONOMY repeatedly highlighted cases of criminality in the mining and sales of Nigeria’s minerals. It also includes actions that should be taken by the country to remedy the situations highlighted. The statement, however, noted that the MoU with EFCC wouls focus more on identified financial crimes disclosed by the NEITI reports in the oil, gas and mining industries. “It will also specify how NEITI and the EFFCC will deal with such crimes expeditiously through information and intelligence sharing as well as human capacity mobilization,� it added.
According to the statement, the decision to set up such partnership was reached at a high-level meeting between the Executive Secretary of NEITI, Mr. Waziri Adio and the Chairman of the EFCC, Mr. Ibrahim Magu. Both principals of the agencies met with top management teams of the two agencies. Adio, according to the statement drew the attention of the EFCC to other emerging issues in the implementation of the Extractive Industries Transparency Initiative (EITI) principles in Nigeria which would require its attention and support to implement effectively in the best interest of the Nigerian economy. He listed the emerging issues to
include, the beneficial ownership disclosure, contract transparency, commodity trading and oil theft. Adio, explained that the beneficial ownership disclosure sought to provide information to the public on the real owners of businesses in Nigeria’s oil, gas and mining industries. The NEITI, he informed would require the support of the EFCC towards its implementation. This, he explained was in view of the strong connection between disclosure of the beneficial owners of companies and financial crimes such as money laundering, tax evasion and terrorism financing. He equally called on Magu Continued on page 24
StanbicIBTCBankPlc,asubsidiaryofStanbicIBTCHoldingsPlc,has been named amongst theTop 100 banks utilising social media globally. A statement explained that theTop 100 list recently released byThe Financial Brand, reected that Stanbic IBTC Bank emerged number 55 on the list of global social media savvy banks for the third quarter of 2019. It further stated that the Top 100 list was made up of banks and credit unions who were considered adept at using major social media channels.The criteria which was adopted in adjudging Stanbic IBTC Bank as the 55th in the list of global banks included Facebook ‘Likes’, Twitter followers, most tweets sent, most Twitter accounts followed, most YouTube video views and most YouTube subscribers. It noted that Stanbic IBTC Bank’s social media statistics reected that the ďŹ nancial institution had 593,055 Facebook ‘Likes’, 240,555 Twitter followers and 8,676,407 YouTube videos, as at the period the third quarter report was released. Speaking on the feat, the Chief Executive, Stanbic IBTC Bank Plc, Dr. Demola Sogunle, described the feat as a result of the bank’s agility and continuous innovative exercises. He added: “I am delighted that Stanbic IBTC Bank emerged as one of the top banks eectively utilising social media, globally. “It is proof that even though we are a Nigerian bank, we are taking giant strides globally in the social media space.This is also a reection that our digitisation agenda is producing results.â€? Sogunlefurtherstatedthatthebank’spresenceonsocialmediawas part of an innovative outline geared towards ensuring that it provides unparalleled levels of services to its customers.
REDTV to Host Party
REDTV,thefast-pacedlifestylechannelthatputsAfricaontheglobal stage is about to host the fourth edition of its annual party known as, ‘The Redtv Rave’ this Friday. Powered by the United Bank for Africa (UBA), this year’s rave has the theme ‘The shutdown.’ FromthecrèmedelacrèmeofentertainmenttohighproďŹ lebusiness moguls, the premium entertainment brand would host creatives and guests to an unforgettable night on November 30th, 2019, kicking o the ‘Dirty December’ party season. The Executive Producer of REDTV, Bola Atta, who spoke excitedly about the rave, stated that a lot had gone into the preparation of this party, where over 5,000 guests are expected. “The REDTV rave is an expression of the fact that REDTV is more than just an entertainment platform, it is a lifestyle and an expression of our language and culture as we constantly connect with members of the creative industry who have been changing the narrative across music, ďŹ lm, fashion and the Arts on the African continent. “It is a way to say thank you to all our fans who have followed closely, thesuccessesofsomeofourshowslikeTheMen’sClub,BoutiqueHotel, Our Best Friend’s Wedding and Inspector K, amongst many others.â€?
LCCI Holds Annual Symposium
The Small and Medium Enterprises Group of the Lagos Chamber of Commerce and Industry (LCCI) is set to hold its annual symposium for the year. The theme of the symposium is “Africa Continental Free Trade Agreement: Realities for the Nigerian SMEs.â€? The symposium, according to LCCI, is scheduled to hold tomorrow, in Lagos.The Director General of the LCCI, Muda Yusuf, said: “following the oďŹƒcial signing of the agreement by majority of African countries, it has become necessary to identify new opportunities and challenges that may be associated with the new economic realities in the region.â€? This according to him was essential to ensure sustainability of SME investmentsandassessthecompetitivenessthatmayariseasresultof the trade agreement.The thrust of the symposium is to create avenue for opinion sharing on the AfCFTA and the attendant beneďŹ ts and challenges it may impact on businesses in Nigeria, particularly SMEs.â€? Yusuf further stressed that, “The Small and Medium Enterprises Group is a very active arm of the Chamber known for its constructive engagement on critical issues aecting investment and investors in various sectors of the economy where its members operate.
“The Senate is expected to be the conscience of the nation as they are representatives of the people. It is worrisome that the Senate will treat Nigerians and the business community with contempt by not taking into consideration their views and concerns as regards the Finance Bill, even when the Senate itself called for memoranda� DG, NECA,
Mr. Timothy Olawale,
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BUSINESSWORLD REPORT REVEALS HOW DISCOS CAN SAVE $60M YEARLY WITH MINI GRID SOLUTIONS
models for a ready market of energy-hungry consumers.� Similarly, James Sherwood, who is a principal at RMI, and coauthor of the study stated that: “Under-grid mini grids are a promising and commercially viable solution that can deliver reliable electricity to hundreds of thousands of Nigerians today.� Sherwood, added that: “The business models outlined in this report can kickstart the under-grid mini grid industry in Nigeria by providing guidance on how to start projects, which will provide a precedent for private sector, community and utility collaboration that is applicable across many other countries in sub-Saharan Africa and around the world.� According to the CEO of All On, Dr. Wiebe Boer, “the under-grid mini grid business models introduced through this research provide a framework for mini grid developers, distribution companies and communities to collaborate to provide reliable, affordable and sustainable power at scale to millions of underserved, lowincome households and SME customers across Nigeria. We need collaborative approaches like these to address Nigeria’s energy access gap and improve livelihoods nationwide.� NEITI, EFFC MOVE AGAINST CRIMINALITY IN EXTRACTIVE SECTOR to work with the NEITI as the agency’s legitimate interest in deepening transparency in these areas stemmed from the strong linkages between corruption in Nigeria’s extractive sector and sabotage of the economy. Adio, reportedly commended Magu and his team for their hard work, courage and commitments which he noted has resulted in the visible achievements so far recorded by the EFCC in the discharge of its assignments. Magu, on his part described NEITI and the EFCC as key partners in progress, and said it was important for both to strengthen their partnership. He also described the extractive industries as the main source of revenues to the Nigerian economy as well as a source of corruption and financial crimes.
Group Business Editor
Obinna Chima
NEWS
Buhari Seeks Autonomous Regulators to Improve ECOWAS Power Output Chineme Okafor in Abuja
According to him, ECOWAS countries must also harness, develop and share energy resources within the region with the primary objectives of improving access to steady and affordable electricity for the people living within the region. He explained that: “The huge potential for electricity generation within the region still remains underdeveloped, thereby slowing the economic development of the countries and productivity.� The president stated that these are clearly indicated by the human development indices in the region, adding that it was
President Muhammadu Buhari has called for a strong, effective and proactive regulation of the electricity market across member states of Economic Community of West African States (ECOWAS) by their respective power sector regulatory agencies. He said independent power sector regulators were necessary to ensure quality performance from electricity service providers within the ECOWAS countries. A statement from the ministry of power quoted Buhari to have said this in his address at the 14th Session of the General Assembly of the West African Power Pool (WAPP). The meeting had as its central focus the future prospects in the ECOWAS power market. He was represented at the occasion by the Secretary to the Government of the Federation (SGF), Mr. Boss Mustapha, and explained that for the electricity industry to be taken seriously, regulatory penalties must be applied when necessary to instill discipline in the market. “One major area I would also want to highlight regarding electricity and going forward is regulation. Local and regional regulators in the industry must be strong. It must be firm, effective, proactive, technology and knowledge driven. This is the sure way of deriving quality performance from service providers. Regulation must be taken seriously, and penalties applied when necessary to instill discipline in the entire market,� Buhari said.
equally important that WAPP progresses in the direction of incorporating countries within its framework and developing the energy resources available across the region to realise the objectives of reliable and affordable electricity for all the region’s citizens. He also charged countries in the region to focus on current realities and bridge the electricity supply gap in the region with renewable energy sources which he noted would help it mitigate the impacts of climate change on the region. According to him, Africa must strive to produce clean energy
as seen in developed nations. Buhari, who commended the WAPP for its launch of the North Core Project which is a 876 kilometers – 330 kilovolt (kV) transmission line from Nigeria through the Republics of Niger, Benin and Togo and terminating in the Republic of Burkina Faso, said: “It will facilitate a huge power exchange in the sub region. This and all the other projects in the WAPP master plan should be vigorously pursued by all stakeholders.� He further appealed to investors and multilateral donor agencies in the region’s electricity
market, as well as international finance organisations, to avoid instances of corrupt practices in the sector, adding that it was detrimental to development and productivity. Similarly, in his remarks, the Minister of Power, Mr. Sale Mamman, said he was impressed with WAPP’s role of interconnecting the 14 member-countries of ECOWAS. He added that Nigeria was making progress on projects that would increase regional electricity market integration and trade with the 3,050 megawatts (MW) Mambilla hydro power plant as one of such projects.
SPECIAL RECOGNITION
L-R: Senior Business Development Consultant, Jobberman, David Mbelu; Media Relation Adviser, Shell, Anthony Ogedengbe; CEO, Jobberman, Hilde Kabushenga Kragha; Human Resources Manager, Shell Petroleum Development Company, Nigeria, Esohe Adetola; Lead Human Resources Adviser, Isima Coker; and Lead Media Relation Manager, Shell, Michael Adande, at the presentation of award to Shell in the Jobberman’s Best 100 Companies toWorks for 2019, held in Lagos‌.recently SUNDAYADIGUN
Total Restates Commitment to Nigeria’s Gas Master Plan Peter Uzoho The Managing Director, Total E&P Nigeria/ Country Chair, Total Companies in Nigeria, Mr. Mike Sangster, has stated that the oil major is deeply committed to the Nigerian Gas Master Plan, which centres around reducing gas flaring and monetisation. Sangster stated this in Lagos while delivering the sponsor’s remark at a management session of the 2019 conference and exhibition of the Nigerian Association of Petroleum Explorationists (NAPE) held recently. Speaking on the topic, ‘Gas Monetisation in Nigeria- Need for Concise Strategy’’, he said, ‘’Our partnership with the NLNG is well known. We are an NLNG partner with 15 per cent stake
in the company, which has a liquefaction capacity (Trains 1- 6): 22 MT/Y of LNG. But the planned Train 7 will increase NLNG capacity from 22 to 30 MTPA. “Total is committed to the Nigerian Gas Master Plan - reducing flaring and monetising gas. We are also committed to the supply of additional gas to NLNG train 7 for increase of NLNG capacity. We have signed three Gas Supply Aggregation Agreements (GSAA) and we take our domestic gas supply obligations under these agreements quite seriously. ‘’However, we are aware that challenges remain in the areas of infrastructure; legal and regulatory framework; commercial framework (pricing policy) via the National Domestic Gas Supply &
Pricing Regulations of 2008 vis-Ă -vis the new National Gas Policy approved by the Federal Executive Council (FEC) in 2017.’’ He added that there was also the question of funding mechanisms for the sector because, “as we all know, investments in PSC oil projects are recovered from oil but no mechanism is currently agreed for cost recovery or profit sharing for investments in gas projects.â€? Sangster further said the ambition of the company was to become the responsible energy major, pointing out that ‘’this is the meaning of our motto: ‘Committed to Better Energy’. “This ambition challenges us to provide more reliable, affordable and clean energy to the world’s growing population’’. According to him, ‘’Nigeria
is Africa’s top oil producer and when industry experts assemble in Nigeria to discuss any aspect of the oil and gas business, it’s definitely a very good idea to join that conversation. That is evident in the quality of industry leaders and experts assembled in this hall this morning. ‘’The Total Group has been present in Africa for more than 80 years and has been involved in exploration activities in Nigeria for 57 years. We have a broad and diversified portfolio in Nigeria, with activities spanning onshore, conventional offshore, deep water and LNG. Total has developed a strong partnership with the Nigerian National Petroleum Corporation (NNPC) and other partners. ‘’Total’s upstream branch plays a significant economic and social
role in Nigeria, operating nearly 15 per cent of the country’s production. Nigeria, as one of our core areas of activities, is also crucial to the Total Group, accounting for 12 per cent of its equity production. In the last five years, Total has invested approximately $10 billion in the country. ‘’Total is proud to be associated with Nigerian Association of Petroleum Explorationists (NAPE), which is the largest professional association of petroleum geologists and related disciplines in Nigeria and indeed Africa. NAPE is a very important part of Total. “Our staff have occupied very senior positions of responsibility in NAPE and continue to do so because we identify with the ideals and objectives of this important and strategic professional association.
Capital Market Editor
Goddy Egene
Nnaji Harps on Unbundling National Grid
Comms/e-Business Editor
Emma Okonji
Senior Correspondent
Raheem Akingbolu (Advertising)
Peter Uzoho
Correspondents
Chinedu Eze (Aviation) Eromosele Abiodun (Maritime) James Emejo (Finance) Ebere Nwoji (Insurance) Chineme Okafor ((Energy) Reporters
Nume Ekeghe (Money Market) Nosa Alekhuogie (ICT)
A former Minister of Power and Chairman of Geometric Power Limited, Prof. Bat Nnaji, has called on the federal government to decentralise the nation’s national grid to address inadequate power supply in the country. Nnaji, made the call in Ibadan recently, at the Second
Distinguished Guest Lecture of Dominican University. He said a decentralised system would help to address the frequent collapse of the national grid and improve electricity supply in Nigeria. The lecture was entitled: “Let There Be Light: Solving Nigeria’s Electricity Puzzle for Sustainability.’’ The former minister
specifically suggested that the national grid should be made into smaller chops for regional supply of electricity. “Each one must be autonomous for better control and invested in by different groups and not one national grid, although there will still be national control that aggregates power and gets power supply from one end of the country
to another. “With this, each grid will be able to control itself and there will not be system collapse as we always have it now,� he said. Nnaji, added that operating the national grid from the centre could limit the ability of the country to address the problem of power supply. According to him, gas supply and transmission infrastructure
challenges are also hindering adequate supply of electricity in Nigeria. He further said government was doing its best, but needed to do more in order to have adequate supply of electricity in the country. He noted that there was prospect in power investment in Nigeria, if the country rigorously followed the power roadmap.
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BUSINESSWORLD
ENERGY
Collaboration Key to Success in Nigeria, Says Samsung Heavy Industries MD Stories by Peter Uzoho The Managing Director of shipbuilder, Samsung Heavy Industries Nigeria (SHIN), Mr. Jejin Jeon, has extolled the virtues of working together to achieve success, as he shared Samsung’s success story of sustainable business engagement in Nigeria. Jeon made this revelation in Lagos at the Nigeria-South Korea Business Forum held recently, to promote business links between Nigeria and South Korea. The event was hosted by the Korea Trade-Investment Promotion Agency (KOTAR), the official trade and investment promotion agency of the Korean government. Samsung has been deeply involved in Nigerian development since it entered the country in 2014. The construction of its SHI-MCI fabrication and integration yard in Lagos allowed the construction of the Egina floating production storage and offloading (FPSO). The Egina is a flagship offshore oil and gas project for French oil major, Total, which is producing close over 200,000 barrels of crude oil per day, close to 10 per cent of Nigeria’s total oil production and is adding considerable revenue to the Nigerian economy. Jeon, who was invited to speak on: “Sustainable business
for economic development,� gave an overview of oil and gas industry in Nigeria, followed by a detailed explanation of how Samsung successfully completed the Egina FPSO project for its client Total. “Samsung and its partners are dedicated to meeting Nigeria’s local content laws which stimulate local development. This is reflected in significant investments in human capacity development to meet the high demands of constructing the Egina including more than 560,000 man hours of training provided to local Nigerians who never had training in the shipbuilding or welding industries and 9.7 million man hours of labour which were carried out on Nigerian soil,� he explained. The audience included industry stakeholders and delegates from Korean companies who were interested in hearing Jeon’s perspective on how international companies looking for investment and business opportunities can succeed in Nigeria. Jeon emphasised that any international company considering entering the thriving Nigerian economy should consider three words: ‘Environment, regulation and partnering.’ “Before considering operating a business or exploring the opportunities in Nigeria, you should thoroughly research the business environment, regulatory landscape and
relevant statutory requirements. Finally you should partner with a local company to develop a mutually beneficial relationship based on trust,� he added. He stated his belief that the business opportunities and potential in Nigeria were significant and urged Korean companies to strongly consider investing in the future of Nigeria. He noted that doing business in Nigeria was not without its challenges, stressing that the key to Samsung’s success had been its focus on job creation and human capacity development ,coupled with the continuous drive and support of the Nigerian government and relevant authorities to transform and sustain Nigeria into an investor friendly business nation. Jeon shared Samsung’s vision for a future where the combination of Korean capital, technology and expertise, combined with Nigerian talent and energy, presents a mutually beneficial future for both countries. According to him, the Egina project has proved that Nigeria’s local content rules work. “They are not an obstacle to overcome: they are a platform from which to deliver shared economic success for ordinary Nigerians, for the country as a whole, and for international companies who believe in the potential of this incredible nation,� he said.
‘Deregulation Needed to Sustain Petroleum Industry’ OVH Energy Marketing Limited and the Major Oil Marketers Association of Nigeria (MOMAN) have reiterated the need for the deregulation of the nation’s petroleum industry, saying it remains the best way to sustain the industry for the future. The Managing Director/Chief Executive Officer of OVH Energy, Mr. Huub Stokman and the Executive Secretary of MOMAN, Mr. Clement Isong, jointly made the call at a media parley with energy correspondents in Lagos, recently. Stokman said the challenges facing the nation’s downstream sector would be nipped in the bud if the federal government completely adopts deregulation. He, however, revealed that the company has made impressive showing in the country’s downstream sub-sector, adding that despite the challenges in the sub-sector, OVH Energy has been able to acquire two new aviation bowsers to deepen its market penetration in the aviation sector. He said in the course of the year, the company has invested significantly in upgrading its existing retail stations to better serve and create the right experience for its customers. Stokman said: ‘’We have included stand-alone Oleum Service Centre with two bays complete with lifting equipment in some of our stations in addition to our traditional single pit lube bay within the station building. Our Lube bay offerings include car servicing, oil change, car diagnosis, tyre change and air alignment and
wheel balancing, and a 36-point car check. “We know the sort of care an average car owner places on his vehicle, so we added car wash service that includes interior detailing and shampooing. We just concluded the Oleum Awoof promo where we gave out a brand new Toyota Yaris and over 4,000 gift items including tricycles, motorbikes, TVs,generators and tool boxes. “We are expanding our LPG footprint. At the moment, we have installed over 38 skid tanks, our Pay-As-You-Gas (PAUG) plants, to provide a much easier access to gas refills for our customers. We have also added 6KG 3in-1 cooking bundle to our O-Gas offerings (3KG,6KG,12.5KG and 50KG and Pay-As-U-Gas-our spot buying option.� He further said his company recorded a significant milestone recently when it upgraded its ASPM jetty to receive both fuel and diesel, adding that OVH celebrated 100 vessel berths without any Lost Time Injury earlier in the year. On the company’s corporate social responsibility, Stokman disclosed that 4, 800 mechanics have graduated from Oleum Academy, and that OVH is currently training additional 300 mechanics. “This is especially satisfying to us because we have achieved our target. In 2014 when we inaugurated this Academy, we said we would have trained 5000 mechanics in five years. We have simply achieved that
feat,� he said. He also disclosed that OVH Energy has partnered with Global Shapers to distribute 100 units of O-gas to pregnant woman with the aim of reducing the risk of birth defects. According to him, the company also partnered with Oando Foundation to upgrade One school infrastructure and provide learning materials. “All of these and more are what OVH Energy is doing to ensure that we deliver on our promise to our customers’ work using trusted petroleum products,� he added. On his part, Isong, expressed concerns over challenges facing the downstream sector, adding that marketers have not received all pending outstanding debts payments owed by government on subsidy. He said the huge debts have affected marketers from getting loans from banks, adding that issue of margins remains imperative. According him, ‘’we still need margins for sustainability of our business. It does not make sense to import because it’s not profitable. Total deregulation of the sector remains the best option for the downstream sub sector of the oil and gas industry.’’ He, however, reiterated the association’s commitment towards ensuring safety compliance within the petroleum tanker drivers. He said that MOMAN was collaborating with the Federal Road Safety Corps (FRSC) on safety code system for checking of trucks from loading point to distribution.
MAKE WEALTH LAST
Grace Omenyo Agada
Secrets of Generational Wealth from John D. Rockefeller When you want to preserve wealth for many generations one of the icons to ÖÙÙÕ Ă&#x;Ăš ÞÙ Ă“Ă? Ă™Ă’Ă˜ Ë› Ă™Ă?Ă•Ă?Ă?Ă?Ă–Ă–Ă?ĂœË› ÖÞÒÙĂ&#x;Ă‘Ă’ John D. Rockefeller is dead and died in ÍŻÍˇÍąÍˇËœ Ă’Ă“Ă? ĂĄĂ?ËÖÞÒ Ă‹Ă˜ĂŽ Ă˜Ă‹Ă—Ă? Ă?ÞÓÖÖ Ă–Ă“Ă Ă?Ă? Ă™Ă˜Ë› Ă?Ă?Ă™ĂœĂŽĂ“Ă˜Ă‘ ÞÙ Ă™ĂœĂŒĂ?Ă?Ëœ ÞÒĂ? Ă™Ă?Ă•Ă?Ă?Ă?Ă–Ă–Ă?Ăœ Ă?Ă‹Ă—Ă“Ă–ĂŁ Ă’Ă‹Ă? Ă?Ă&#x;ĂŒĂ?ĂžĂ‹Ă˜ĂžĂ“Ă‹Ă– ĂĄĂ?ËÖÞÒ ĂĄĂ™ĂœĂžĂ’ ÍœÍŻÍŻ ĂŒĂ“Ă–Ă–Ă“Ă™Ă˜ Ă“Ă˜ Í°ÍŽÍŻÍ´Ë› Ă’Ă‹Ăž Ă“Ă? Ă—Ă™ĂœĂ? ĂžĂ’Ă‹Ă˜ ÍŻÍŽÍŽ ĂŁĂ?Ă‹ĂœĂ? Ă‹Ę°Ă?Ăœ Ă™Ă?Ă•Ă?Ă?Ă?Ă–Ă–Ă?Ăœ ĂŒĂ?Ă?Ă‹Ă—Ă? Ă—Ă?ĂœĂ“Ă?Ă‹ËŞĂ? Ę¨ĂœĂ?Ăž ĂŒĂ“Ă–Ă–Ă“Ă™Ă˜Ă‹Ă“ĂœĂ? Ă‹Ă˜ĂŽ Ă?Ă™Ă&#x;Ă˜ĂŽĂ?Ăœ Ă™Ă? ÞÒĂ? ĂžĂ‹Ă˜ĂŽĂ‹ĂœĂŽ Ă“Ă– Ă™Ă—ĂšĂ‹Ă˜ĂŁ Ă“Ă˜ ÞÒĂ? Ă–Ă‹ĂžĂ? ͯ͡ÞÒ Ă?Ă?Ă˜ĂžĂ&#x;ĂœĂŁË› ÙÎËã Ă™Ă?Ă•Ă?Ă?Ă?Ă–Ă–Ă?ĂœËŞĂ? ĂĄĂ?ËÖÞÒ Ă“Ă? Ă‹Ă–ĂœĂ?Ă‹ĂŽĂŁ in its seventh generation with as many Ă‹Ă? ͯ;͎ Ă’Ă?Ă“ĂœĂ?Ë› Ă’Ă“Ă? Ă—Ă‹Ă•Ă?Ă? Ă™Ă?Ă•Ă?Ă?Ă?Ă–Ă–Ă?Ăœ Ă‹ Ă›Ă&#x;ËÖÓʨĂ?ĂŽ ĂšĂ?ĂœĂ?Ă™Ă˜ ÞÙ Ă‹ĂŽĂ Ă“Ă?Ă? ĂŁĂ™Ă&#x; Ă™Ă˜ ĂĄĂ?ËÖÞÒ preservation. His undying legacy proves that he knew how to conquer the evils that Ă•Ă“Ă–Ă– ĂĄĂ?ËÖÞÒ Ă“Ă˜ ÞÒĂ? Ę¨ĂœĂ?Ăž ĂžĂ’ĂœĂ?Ă? Ă‘Ă?Ă˜Ă?ĂœĂ‹ĂžĂ“Ă™Ă˜Ë› Ă™Ă?Ă•Ă?Ă?Ă?Ă–Ă–Ă?Ăœ Ă—Ă‹ĂŁ Ă˜Ă™ Ă–Ă™Ă˜Ă‘Ă?Ăœ ĂŒĂ? Ă’Ă?ĂœĂ? ĂŒĂ&#x;Ăž Ă’Ă“Ă? name is engraved in our heads forever. His name is so prominent that your children Ă•Ă˜Ă™ĂĄ Ă™Ă’Ă˜ Ë› Ă™Ă?Ă•Ă?Ă?Ă?Ă–Ă–Ă?Ăœ ĂĄĂ’Ă™ ĂŽĂ“Ă?ĂŽ Ă“Ă˜ ͯ͡͹͡˛ If you desire to create this kind of legacy you must do the things Rockefeller did to preserve his wealth and empower his Ă?Ă’Ă“Ă–ĂŽĂœĂ?Ă˜Ë› Ă’Ă?Ă?Ă? ĂžĂ’Ă“Ă˜Ă‘Ă? Ă‹ĂœĂ? Ă?ĘĽĂ?Ă?ÞÓà Ă? Ă‹Ă˜ĂŽ Ă?ÞÓÖÖ ËÚÚÖã ÞÙÎËã˛ Ă™Ëœ ĂĄĂ’Ă‹Ăž ĂŽĂ“ĂŽ Ă™Ă?Ă•Ă?Ă?Ă?Ă–Ă–Ă?Ăœ ĂŽĂ™ and how can wealth empower rather than destroy your children? Ă™Ă?Ă•Ă?Ă?Ă?Ă–Ă–Ă?Ăœ ĂŽĂ“ĂŽ Ă—Ă‹Ă˜ĂŁ ĂžĂ’Ă“Ă˜Ă‘Ă? ĂŒĂ&#x;Ăž ÞÒĂ?Ă?Ă? ʨà Ă? ĂžĂ’Ă“Ă˜Ă‘Ă? Ă?ÞÙÙÎ Ă™Ă&#x;Ăž Ă?Ă™Ăœ Ă—Ă?Ë› Ă?ÖÙå Ă‹ĂœĂ? ÞÒĂ? ʨà Ă? things. Ă’Ă? Ă“ĂœĂ?Ăž ĂžĂ’Ă“Ă˜Ă‘ Ă™Ă?Ă•Ă?Ă?Ă?Ă–Ă–Ă?Ăœ ĂŽĂ“ĂŽ ĂĄĂ‹Ă? ĂœĂ?Ă?Ă“Ă?Ăž the temptation to divide his wealth. He ĂŽĂ“ĂŽ ÞÒÓĂ? Ă?Ă™Ăœ ÞåÙ ĂœĂ?Ă‹Ă?Ă™Ă˜Ă?Ë› Ă“ĂœĂ?Ăž Ă™Ă?Ă•Ă?Ă?Ă?Ă–Ă–Ă?Ăœ ĂŒĂ?Ă–Ă“Ă?Ă Ă?ĂŽ ÞÒËÞ ĂŽĂ“Ă Ă“ĂŽĂ“Ă˜Ă‘ Ă’Ă“Ă? ĂĄĂ?ËÖÞÒ Ă‹Ă—Ă™Ă˜Ă‘ his children meant he dumped a large sum of money on them at death. Children who had nothing suddenly woke up to a pile of money that has the power to destroy them. Ă“Ă Ă“ĂŽĂ“Ă˜Ă‘ ĂĄĂ?ËÖÞÒ ÞÒÓĂ? ĂĄĂ‹ĂŁ Ă’Ă‹Ă? Ă˜Ă?ÑËÞÓà Ă? Ă?ĘĽĂ?Ă?Ăž Ă™Ă˜ Ă?Ă’Ă“Ă–ĂŽĂœĂ?Ă˜Ë› Ăž Ă?Ó×ÚÖã Ă?Ă‹ĂŁĂ?Ë› ËŤ Ă? ĂŽĂ“Ă?Ëœ Ă’Ă?ĂœĂ?ËŞĂ? Ă‹ åÒÙÖĂ? ĂŒĂ&#x;Ă˜Ă?Ă’ Ă™Ă? Ă—Ă™Ă˜Ă?ĂŁËœ Ă‘Ă™ ĂŽĂ™ ĂĄĂ’Ă‹ĂžĂ?Ă Ă?Ăœ you want with itâ€?. If you would not give your Ă?Ă’Ă“Ă–ĂŽ ÍŻÍŽÍŽ ĂŒĂ“Ă–Ă–Ă“Ă™Ă˜ Ă˜Ă™ĂĄ ÞÒËÞ ĂŁĂ™Ă&#x; Ă‹ĂœĂ? Ă‹Ă–Ă“Ă Ă?Ëœ why dump it on him when you die? Leaving ĂŒĂ?Ă’Ă“Ă˜ĂŽ ÚÓÖĂ?Ă? Ă™Ă? Ă—Ă™Ă˜Ă?ĂŁ Ă“Ă? Ă–Ă“Ă•Ă? Ă‘Ă“Ă Ă“Ă˜Ă‘ Ă‹ ÖÙËÎĂ?ĂŽ gun to a child and praying he does not pull ÞÒĂ? ĂžĂœĂ“Ă‘Ă‘Ă?ĂœË› Ă’Ă“Ă? Ă“Ă? Ă˜Ă™Ăž ÞÒĂ? ĂĄĂ‹ĂŁ ÞÙ ĂšĂœĂ?Ă?Ă?ĂœĂ Ă? wealth. In fact it is the way to destroy ĂĄĂ?ËÖÞÒ˛ Ă’Ă? Ă?Ă?Ă?Ă™Ă˜ĂŽ ĂœĂ?Ă‹Ă?Ă™Ă˜ Ă™Ă?Ă•Ă?Ă?Ă?Ă–Ă–Ă?Ăœ ĂŽĂ“ĂŽ Ă˜Ă™Ăž ĂŽĂ“Ă Ă“ĂŽĂ? Ă’Ă“Ă? ĂĄĂ?ËÖÞÒ ĂĄĂ‹Ă? ĂŒĂ?Ă?Ă‹Ă&#x;Ă?Ă? ĂŽĂ“Ă Ă“ĂŽĂ“Ă˜Ă‘ ĂĄĂ?ËÖÞÒ Ă•Ă“Ă–Ă–Ă? Ă“ĂžĂ? ÚÙåĂ?ĂœË› Ă™Ă?Ă•Ă?Ă?Ă?Ă–Ă–Ă?Ăœ ĂŒĂ?Ă–Ă“Ă?Ă Ă?ĂŽ that dividing wealth dilutes the power of ĂĄĂ?ËÖÞÒ˛ Ă’Ă?Ă˜ ĂĄĂ?ËÖÞÒ Ă“Ă? ĂŽĂ“Ă–Ă&#x;ĂžĂ?ĂŽËœ Ă“ĂžĂ? ĂœĂ‹ĂžĂ? Ă™Ă? dissipation increases. Rather than divide ĂĄĂ?Ă‹Ă–ĂžĂ’Ëœ Ă™Ă?Ă•Ă?Ă?Ă?Ă–Ă–Ă?Ăœ ĂšĂ&#x;Ăž ÞÒĂ? Ă?Ă‹Ă—Ă“Ă–ĂŁËŞĂ? ĂĄĂ?ËÖÞÒ ÞÙÑĂ?ÞÒĂ?ĂœËœ Ă&#x;Ă?Ă“Ă˜Ă‘ Ă‹ ĂœĂ&#x;Ă?Ăž Ă Ă?Ă’Ă“Ă?Ă–Ă? Ă‹Ă? ÞÒĂ? legal tool. Putting wealth together in one place directed how money is spent. It also ĂšĂœĂ™ĂžĂ?Ă?ĂžĂ?ĂŽ Ă—Ă™Ă˜Ă?ĂŁ Ă?ĂœĂ™Ă— ÞËâĂ?Ă?Ëœ Ă–Ă‹ĂĄĂ?Ă&#x;Ă“ĂžĂ? Ă‹Ă˜ĂŽ spendthrift heirs. Ă’Ă? Ă?Ă?Ă?Ă™Ă˜ĂŽ ĂžĂ’Ă“Ă˜Ă‘ Ă™Ă?Ă•Ă?Ă?Ă?Ă–Ă–Ă?Ăœ ĂŽĂ“ĂŽ ĂĄĂ‹Ă? ÞÙ Ă&#x;Ă?Ă? Ă’Ă“Ă? ĂĄĂ?ËÖÞÒ Ă‹Ă? Ă‹ Ă–Ă‹Ă&#x;Ă˜Ă?Ă’ ÚËÎ Ă?Ă™Ăœ ÞÒĂ? Ă?Ă&#x;ÖʨÖÖ×Ă?Ă˜Ăž of dreams and not to fund the lives of his children. Having a clear purpose for wealth is critical if you must preserve wealth for many generations. Rockefeller had a ĂšĂœĂ“Ă˜Ă?ÓÚÖĂ? ÞÒËÞ ĂŽĂ?Ę¨Ă˜Ă?ĂŽ ĂĄĂ’Ă‹Ăž Ă’Ă“Ă? ĂĄĂ?ËÖÞÒ ĂĄĂ‹Ă? Ă&#x;Ă?Ă?ĂŽ Ă?Ă™ĂœË› Ă’Ă“Ă? ĂšĂœĂ“Ă˜Ă?ÓÚÖĂ? Ă?ÞËÞĂ?Ă? ÞÒËÞ Ă?Ă Ă?ĂœĂŁĂ™Ă˜Ă? has the capacity to succeed on their own. Ă’Ă?ĂŁ Ă™Ă˜Ă–ĂŁ Ă˜Ă?Ă?ĂŽ Ă‹ Ă?Ă—Ă‹Ă–Ă– ĂšĂ&#x;Ă?Ă’ Ă‹Ă˜ĂŽ Ă“Ă˜Ă“ĂžĂ“Ă‹Ă– Ă‹Ă?Ă?Ă“Ă?ĂžĂ‹Ă˜Ă?Ă?Ë› Ă’Ă“Ă? ĂšĂœĂ“Ă˜Ă?ÓÚÖĂ? ĂĄĂ‹Ă? ÞÒĂ? ĂœĂ?Ă‹Ă?Ă™Ă˜ Ă’Ă? Ă•Ă?ÚÞ Ă’Ă“Ă? Ă—Ă™Ă˜Ă?ĂŁ Ă&#x;Ă˜ĂŽĂ?Ăœ Ă‹ ĂžĂœĂ&#x;Ă?ĂžËœ ĂŒĂ?Ă?Ă‹Ă&#x;Ă?Ă? Ă&#x;Ă˜ĂŽĂ?Ăœ Ă‹ ĂžĂœĂ&#x;Ă?Ăž Ă‹Ă?Ă?Ă?Ă?Ă? Ă?Ă‹Ă˜ ĂŒĂ? Ă?Ă™Ă˜ĂžĂœĂ™Ă–Ă–Ă?ĂŽË› Ă™ĂŽĂ‹ĂŁËœ Ă™Ă?Ă•Ă?Ă?Ă?Ă–Ă–Ă?ĂœËŞĂ? ĂĄĂ?ËÖÞÒ Ă“Ă? Ă—Ă‹Ă˜Ă‹Ă‘Ă?ĂŽ ĂŒĂŁ Ă‹ ĂžĂ?Ă‹Ă— Ă™Ă? Ă?âÚĂ?ĂœĂžĂ?Ëœ ĂĄĂ’Ă™ ĂĄĂ™ĂœĂ• Ă’Ă‹ĂœĂŽ ÞÙ ĂšĂœĂ?Ă?Ă?ĂœĂ Ă? ÞÒĂ? ĂŽĂ?Ă‹ĂŽ Ă—Ă‹Ă˜ËŞĂ? Ă—Ă™Ă˜Ă?ĂŁË› Ă’Ă?ĂŁ ĂĄĂ™ĂœĂ• Ă’Ă‹ĂœĂŽ to grow his wealth under the Rockefeller Ă‹Ă—Ă“Ă–ĂŁ ĘŠĂ?Ă?Ëœ ĂĄĂ’Ă“Ă?Ă’ Ă“Ă? Ă?ÞÓÖÖ Ă?ĂžĂ‹Ă˜ĂŽĂ“Ă˜Ă‘ ÞËÖÖ today. Ă’Ă? Ă’Ă“ĂœĂŽ ĂžĂ’Ă“Ă˜Ă‘ Ă™Ă?Ă•Ă?Ă?Ă?Ă–Ă–Ă?Ăœ ĂŽĂ“ĂŽ ĂĄĂ‹Ă? ÞÙ Ă?ĂœĂ?Ă‹ĂžĂ? Ă‹ ĂœĂ“Ă Ă‹ĂžĂ? Ă‹Ă—Ă“Ă–ĂŁ Ă‹Ă˜Ă• Ă?Ă™Ăœ Ă’Ă“Ă? Ă?Ă‹Ă—Ă“Ă–ĂŁË› Ă’Ă? Ă™Ă?Ă•Ă?Ă?Ă?Ă–Ă–Ă?Ăœ Ă?Ă‹Ă—Ă“Ă–ĂŁ ĂŒĂ‹Ă˜Ă• ĂĄĂ‹Ă? Ă?ĂœĂ?Ă‹ĂžĂ?ĂŽ
to give interest loans to his children. Ă’Ă“Ă? Ă–Ă™Ă‹Ă˜ Ă“Ă? Ă‘Ă“Ă Ă?Ă˜ ĂĄĂ’Ă?Ă˜ Ă‹ Ă™Ă?Ă•Ă?Ă?Ă?Ă–Ă–Ă?Ăœ descendant secure an approval from the ĂŒĂ™Ă‹ĂœĂŽ Ă™Ă? ÞÒĂ? Ă?Ă‹Ă—Ă“Ă–ĂŁ ÙʊĂ?Ă? Ă?Ă™Ăœ Ă‹ ĂŒĂ&#x;Ă?Ă“Ă˜Ă?Ă?Ă? Ă?Ă˜ĂŽĂ?Ă‹Ă Ă™Ăœ Ă’Ă? ĂĄĂ‹Ă˜Ăž ÞÙ ĂšĂ&#x;ĂœĂ?Ă&#x;Ă?Ë› Ă™Ăœ Ă?âË×ÚÖĂ?Ëœ Ă“Ă? Ă‹ Ă™Ă?Ă•Ă?Ă?Ă?Ă–Ă–Ă?ĂœËŞĂ? Ă?Ă™Ă˜ ĂĄĂ‹Ă˜Ăž ÞÙ Ă?ĂžĂ‹ĂœĂž Ă‹ ĂŒĂ&#x;Ă?Ă“Ă˜Ă?Ă?Ă? Ă‹Ă˜ĂŽ Ă˜Ă?Ă?ĂŽĂ?ĂŽ Ă—Ă™Ă˜Ă?ĂŁËœ Ă’Ă? Ă?Ó×ÚÖã ËÚÚÖã ÞÙ ÞÒĂ? Ă?Ă‹Ă—Ă“Ă–ĂŁ ÙʊĂ?Ă? ĂŒĂ™Ă‹ĂœĂŽ ĂœĂ?Ă›Ă&#x;Ă?Ă?ĂžĂ“Ă˜Ă‘ for an interest loan from the pool of his Ă?ËÞÒĂ?ĂœËŞĂ? ĂĄĂ?ËÖÞÒ˛ Ă“Ă? Ă–Ă™Ă‹Ă˜ Ă“Ă? Ă‹ĂšĂšĂœĂ™Ă Ă?ĂŽ Ă‹Ę°Ă?Ăœ Ă‹ ĂžĂ’Ă™ĂœĂ™Ă&#x;Ă‘Ă’ Ă‹Ă?Ă?Ă?Ă?Ă?Ă—Ă?Ă˜Ăž ĂŒĂŁ ÞÒĂ? ĂŒĂ™Ă‹ĂœĂŽË› Ă™ĂœĂ? ĂžĂ’Ă‹Ă˜ ͯͳ͎ Ă™Ă?Ă•Ă?Ă?Ă?Ă–Ă–Ă?Ăœ Ă’Ă?Ă“ĂœĂ? Ă?Ă&#x;ĂœĂœĂ?Ă˜ĂžĂ–ĂŁ receive interest loans this way and each Ă’Ă?Ă“Ăœ Ă“Ă? Ă?âÚĂ?Ă?ĂžĂ?ĂŽ ÞÙ ÚËã ĂŒĂ‹Ă?Ă•Ëœ Ă?ĂœĂ?Ă‹ĂžĂ“Ă˜Ă‘ Ă‹ revolving pool of funds for the family. Ă’Ă? Ă™Ă&#x;ĂœĂžĂ’ ĂžĂ’Ă“Ă˜Ă‘ Ă™Ă?Ă•Ă?Ă?Ă?Ă–Ă–Ă?Ăœ ĂŽĂ“ĂŽ ĂĄĂ‹Ă? ÞÙ allow his children pursue their individual ĂŽĂœĂ?Ă‹Ă—Ă?Ë› Ă™Ă?Ă•Ă?Ă?Ă?Ă–Ă–Ă?Ăœ ĂŒĂ?Ă–Ă“Ă?Ă Ă?ĂŽ ÞÒËÞ ÞÒĂ? ÚËÞÒ a child takes is his own private destiny. Rather than force a child to take his own path. Rockefeller focused on helping the Ă?Ă’Ă“Ă–ĂŽ ĂŽĂ?Ă Ă?ÖÙÚ ÞÒĂ? Ă‹ĂŒĂ“Ă–Ă“ĂžĂŁ ÞÙ Ă?Ă&#x;Ă?Ă?Ă?Ă?ĂŽ Ă“Ă˜ Ă’Ă“Ă? ÚËÞÒ˛ Ă‹Ă˜ĂŁ ĂĄĂ?ËÖÞÒ Ă?ĂœĂ?Ă‹ĂžĂ™ĂœĂ? Ă?ÞÓÖÖ Ă?ĂžĂœĂ&#x;Ă‘Ă‘Ă–Ă? åÓÞÒ ÞÒÓĂ? ÞÙÎËã˛ Ă’Ă?ĂŁ ĂĄĂ‹Ă˜Ăž ÞÒĂ?Ă“Ăœ Ă?Ă’Ă“Ă–ĂŽĂœĂ?Ă˜ ÞÙ ĂŒĂ? Ă–Ă“Ă•Ă? ÞÒĂ?Ă— ĂœĂ‹ĂžĂ’Ă?Ăœ ĂžĂ’Ă‹Ă˜ ĂŒĂ? ĂĄĂ’Ă™ ÞÒĂ?ĂŁ Ă‹ĂœĂ? ĂŽĂ?Ă?Ă“Ă‘Ă˜Ă?ĂŽ ÞÙ ĂŒĂ?Ë› Ă’Ă?ĂŁ ĂšĂ‹Ă˜Ă“Ă? ĂĄĂ’Ă?Ă˜ ÞÒĂ?Ă“Ăœ children choose professions in careers like ĂŒĂ?Ă‹Ă&#x;ĂžĂŁËœ Ă—Ă&#x;Ă?Ă“Ă?Ëœ Ă?ĂšĂ™ĂœĂžĂ?Ëœ Ă™Ăœ Ă?Ă‹Ă?Ă’Ă“Ă™Ă˜ Ă“Ă˜ĂŽĂ&#x;Ă?ĂžĂœĂŁË› Ă? Ă—Ă&#x;Ă?Ă’ Ă‹Ă? ÞÒĂ?Ă“Ăœ Ă?Ă™Ă˜Ă?Ă?ĂœĂ˜Ă? Ă‹ĂœĂ? Ă Ă‹Ă–Ă“ĂŽËœ Ă“Ăž Ă“Ă? Ă?Ă?Ă‹Ăœ ĂŒĂ‹Ă?Ă?ĂŽË› Ă’Ă? ÚËÞÒ Ă‹ Ă?Ă’Ă“Ă–ĂŽ ÞËÕĂ?Ă? Ă“Ă? Ă˜Ă™Ăž ÞÒĂ? ĂšĂœĂ™ĂŒĂ–Ă?Ă—Ë› Ăž Ă“Ă? ÞÒĂ? Ă‹ĂŒĂ“Ă–Ă“ĂžĂŁ Ă™Ă? ÞÒĂ? Ă?Ă’Ă“Ă–ĂŽ ÞÙ succeed in that path that matters. Rather ĂžĂ’Ă‹Ă˜ Ă?Ă™ĂœĂ?Ă? Ă‹ Ă?Ă’Ă“Ă–ĂŽ ÞÙ ÞËÕĂ? ÞÒĂ?Ă“Ăœ Ă™ĂĄĂ˜ ĂšĂ‹ĂžĂ’Ëœ wealth creators should focus on helping ÞÒĂ?Ă“Ăœ Ă?Ă’Ă“Ă–ĂŽĂœĂ?Ă˜ Ă™ĂŒĂ”Ă?Ă?ÞÓà Ă?Ă–ĂŁ ĂžĂ?Ă?Ăž Ă‹ Ă?Ă’Ă™Ă?Ă?Ă˜ ÚËÞÒ Ă?Ă™Ăœ Ă Ă“Ă‹ĂŒĂ“Ă–Ă“ĂžĂŁË› Ă? Ă‹ ÚËÞÒ Ă“Ă? Ă Ă“Ă‹ĂŒĂ–Ă? ÞÒĂ?ĂŁ Ă?Ă’Ă™Ă&#x;Ă–ĂŽ ËÖÖÙå Ă‹ Ă?Ă’Ă“Ă–ĂŽ ÞËÕĂ? ÞÒĂ? ÚËÞÒ˛ Ă? ÓÞ˪Ă? Ă˜Ă™ĂžËœ ÞÒĂ?Ă˜ ÞÒĂ? Ă?Ă’Ă“Ă–ĂŽ ĂĄĂ“Ă–Ă– ĂŽĂ“Ă?Ă?Ùà Ă?Ăœ Ă“Ăž Ă?Ă™Ăœ themselves. If children are helped to go through an organized career testing or Ă&#x;Ă?Ă“Ă˜Ă?Ă?Ă? Ă Ă“Ă‹ĂŒĂ“Ă–Ă“ĂžĂŁ ĂžĂ?Ă?ĂžĂ“Ă˜Ă‘ ĂšĂœĂ™Ă‘ĂœĂ‹Ă—Ëœ ÞÒĂ?ĂŁ ĂĄĂ“Ă–Ă– Ă?Ă?Ă? Ă?Ă™Ăœ ÞÒĂ?Ă—Ă?Ă?Ă–Ă Ă?Ă? Ă“Ă? Ă‹ ÚËÞÒ Ă“Ă? Ă Ă“Ă‹ĂŒĂ–Ă? Ă™Ăœ Ă˜Ă™ĂžË› Ă’Ă“Ă? Ă“Ă? ÞÒĂ? ĂŒĂ?Ă?Ăž ĂĄĂ‹ĂŁ ÞÙ Ă’Ă?Ă–Ăš Ă‹ Ă?Ă’Ă“Ă–ĂŽĂœĂ?Ă˜ develop conviction or make them change their minds. Ă’Ă? Ă“Ę°Ă’ ĂžĂ’Ă“Ă˜Ă‘ Ă™Ă?Ă•Ă?Ă?Ă?Ă–Ă–Ă?Ăœ ĂŽĂ“ĂŽ ĂĄĂ‹Ă? perhaps the most important thing. Rockefeller passed on his wealth with the Ă?Ă?Ă˜Ă?Ă? ÞÒËÞ Ă?Ă‹Ă—Ă? åÓÞÒ ÓÞ˛ Ă’Ă“Ă? Ă—Ă?Ă‹Ă˜Ă? ÞÒËÞ he prepared his children and equipped them with the wisdom and values from his Ă™ĂĄĂ˜ Ă–Ă“Ă?Ă?ËŞĂ? ÔÙĂ&#x;ĂœĂ˜Ă?ĂŁË› Ă™Ă?Ă•Ă?Ă?Ă?Ă–Ă–Ă?Ăœ Ă&#x;Ă˜ĂŽĂ?ĂœĂ?ÞÙÙÎ that the way a person comes into wealth Ă‹ĘĽĂ?Ă?ĂžĂ? ÒÙå Ă’Ă? ĂœĂ?Ă–Ă‹ĂžĂ?Ă? åÓÞÒ ĂĄĂ?ËÖÞÒ˛ Ă‹Ă?ĂŁ ĂĄĂ?ËÖÞÒ Ă‹ĘĽĂ?Ă?ĂžĂ? Ă‹ ĂšĂ?ĂœĂ?Ă™Ă˜ËŞĂ? ĂŽĂœĂ“Ă Ă?Ëœ Ă‹Ă—ĂŒĂ“ĂžĂ“Ă™Ă˜ and character except otherwise directed. So he made it a duty to pass on the wisdom that came with wealth. He also prioritized early childhood grooming and found ways to involve his son earlier on in the family ĂŒĂ&#x;Ă?Ă“Ă˜Ă?Ă?Ă?Ë› Ă? Ă—Ă‹ĂŽĂ? Ă?Ă&#x;ĂœĂ? Ă’Ă? ĂŒĂœĂ“ĂŽĂ‘Ă?ĂŽ Ă‹Ă˜ĂŁ Ă‘Ă‹ĂšĂ? ĂœĂ?Ă?Ă&#x;Ă–ĂžĂ“Ă˜Ă‘ Ă?ĂœĂ™Ă— ÞÒĂ? Ă?Ă‹Ă?Ă? Ă™Ă? ĂŒĂ?Ă“Ă˜Ă‘ ĂŒĂ™ĂœĂ˜ Ă“Ă˜ĂžĂ™ ĂĄĂ?ËÖÞÒ˛ Ă™ĂŽĂ‹ĂŁËœ ÞÒĂ? ĂŽĂ?Ă?Ă?Ă?Ă˜ĂŽĂ‹Ă˜ĂžĂ? Ă™Ă? Ă™Ă?Ă•Ă?Ă?Ă?Ă–Ă–Ă?Ăœ Ă?ÞÓÖÖ Ă–Ă?Ă‹ĂœĂ˜ Ă‹ĂŒĂ™Ă&#x;Ăž ÞÒĂ? Ă?Ă‹Ă—Ă“Ă–ĂŁ ĂŒĂ&#x;Ă?Ă“Ă˜Ă?Ă?Ă?Ëœ ÞÒĂ? Ă?Ă‹Ă—Ă“Ă–ĂŁ ĂĄĂ?ËÖÞÒ Ă’Ă“Ă?ĂžĂ™ĂœĂŁËœ the family philosophy and the family ĂžĂœĂ‹ĂŽĂ“ĂžĂ“Ă™Ă˜Ë› Ă’Ă?ĂŁ Ă?Ă?ĂœĂ Ă? Ă™Ă˜ ÞÒĂ? ĂŒĂ™Ă‹ĂœĂŽĂ? Ă™Ă? ÞÒĂ? family philanthropic endeavors and are encouraged to actively participate in the annual family meeting and interact with other heirs. Ă’Ă?Ă?Ă? Ă‹ĂœĂ? ʨà Ă? ĂžĂ’Ă“Ă˜Ă‘Ă? Ă™Ă?Ă•Ă?Ă?Ă?Ă–Ă–Ă?Ăœ ĂŽĂ“ĂŽ ÞÙ still live on today. What are you doing to make your wealth last? .Grace Agada is a Generational Wealth Advisor, Legacy Expert and Author of the popular Solid Wealth Book. She is a Consultant and Coach to an exclusive list of top executives and entrepreneurial clients running Businesses from $1-million to $1 billion in size. She help Auent clients prepare and execute a Ten Generation Wealth Legacy, Diagnostic Family meetings, Family Business Succession, Family Bank Systems, Sudden death contingency plans, Next generation grooming, and second opinion review of existing Trust and Estate Plans to support generational wealth goals. Email: info@createsolidwealth.com
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Okeke: Power Reform Not Operating Optimally The Chief Executive Officer ofAzura-Edo Power Genco, Edu Okeke, in this interview, says it is important for Nigeria to realise that its power sector requires an end-to-end solution to its many challenges which currently impact its productivity. Chineme Okafor brings the excerpts: What is the update on Azura’s investment in Nigeria? Earlier this year we marked our 10-year anniversary from project conception, and we are conscious that our strong performance today rests on the foundational work laid down during the past decade. The market and feasibility studies for Azura Edo were commissioned in February 2009. Over the subsequent five years, we secured the land for the project in Edo state, completed an environmental and social impact assessment, commissioned the engineering designs, hired financial advisors and initiated conversations with all the various regulators that need to be involved in a major power project. It wasn’t until April 2013 that we had a power purchase agreement in place - after our 11th meeting with the NBET, July 2015 until we had final federal government’s approval for the contractual structures and January 2016 when we reached financial close with our lenders. That was when the contractors - Siemens and Julius Berger, mobilised to the site to begin construction, and 28 months later – eight months faster than scheduled, the power plant was commissioned. Since the plant was commissioned, Azura-Edo has provided eight per cent of the electricity that has been sent to the national grid. Our operational performance is best in class, not just in Nigeria but globally, with 97.3 per cent uptime and that performance is completely transparent. Anyone is able to access our website or application and see in real-time how the plant is doing. I think it’s important to be clear at this point, that when we started this process, there was no blueprint for it in Nigeria. It had not been done before. As a result, the Azura process has been the model for the formulation of the bulk of the contractual boiler plate which reside in the power purchase agreements, gas supply agreements, gas transportation agreements, and grid connection agreements that are now market standard in the Nigerian on-grid electricity supply industry. So, in summary, Azura-Edo is performing very well operationally, well within the targets we set ourselves and we are very proud of the engineering standards we have set and the processes that we have helped create. Currently, who are the people behind Azura and where are they from? The majority and controlling shareholder in Azura is Actis LLP, a specialist emerging markets growth capital investor headquartered in London. Actis’ origin started in 1948 as the CDC development finance arm of the UK government, and in 2003 a restructuring created Actis as today’s commercial investor separate to the ongoing role of CDC within the UK government. Actis has had an office and team based in Nigeria since 2004, part of a global network of 16 offices and 120 investment professionals spanning Asia, Africa and Latin America. In the power sector, Actis’ investments globally account for around 20 gigawatts (GW) of electricity generating and distribution capacity delivered to over 88 million customers worldwide. In addition to Actis, there are also four minority shareholders in the project, consisting of the ARMHarith Infrastructure Fund; Aldwych International; Amaya Capital; and the Edo state government. Moreover, because Azura is a project financed by IPP, 70 per cent of its capital is provided through debt finance; and hence ultimate control of the project rests with the banking consortium that provided the debt capital. This consortium comprises 16 banks, of whom the majority are sovereign development finance institutions (DFIs). These DFIs include OPIC - US government DFI; CDC - UK government DFI; Proparco - French government DFI; DEG - German government DFI; KfW - another German government DFI; FMO - Dutch government DFI; Swedfund - Swedish government DFI; IFC - part of the World Bank Group; ICF Debt Pool – a multilateral DFI; and EAIF – a multi-country DFI. And on the commercial bank side, the lender consortium also comprises Standard Chartered Bank; Rand Merchant Bank; Standard Bank; Mauritius Commercial Bank; FCMB; and Siemens Bank.
On the back of this, does this PRG exempt Azura from taxes to Nigeria in a way that is negative for the country? Absolutely not, the PRG has no connection whatsoever to Azura’s tax status in Nigeria. Azura pays taxes in Nigeria, like any other Nigerian company.
Okeke The NERC recently approved a retail tariff and equally set a minimum remittance threshold for the power Discos, does this have any impact on your operation? The tariff and remittance regulations govern the ‘lifeblood’ of the entire electricity value chain in Nigeria, as they are the basis on which the transmission company, the generating companies and ultimately the gas producers and providers are paid for the services that they provide. If the Discos are able to generate sufficient cash through the sale of electricity to their customers, then the rest of the value chain will benefit and the government in particular, will no longer have to underwrite some of the payments made in that value chain.
which has brought the 115 megawatts (MW) Tobene power plant into the Azura family. We are also making major new investments in East Africa; and in Kenya and Mozambique in particular. These undertakings support our strategic objective of building a generation portfolio of 3,000MW of installed and operational capacity. This is driven by both our original vision as a company, and by the influx of capital from Actis which is now the majority controlling shareholder in the business. Actis currently manages $12 billion of capital for some 330 investor institutions across the world that themselves together manage over $5 trillion. And this depth and strength of institutional funding is one of the key success factors behind the growth of the Azura platform.
Obviously, you’ve completed the ďŹ rst phase of the IPP. When do you expect to begin the second? Nigeria’s electricity market is in a state of transition at the moment. It is well known that, for a mix of commercial, regulatory and technical reasons, the electricity distribution companies are unable and/or unwilling to offtake all of the power generation capacity that is currently available in the country. As a result, at this stage, the second phase of development at Azura is on hold. As the market evolves, and the various interventions taking place in the distribution and transmission segments of the market deliver results, it will be important to make early investment decisions about the expansion of generation, because as you have heard, these projects are not ones that happen over-night. We have to plan for both future demand, and future ability to absorb the power and so we are constantly assessing the evolution and state of the wider value chain to make sure we make an investment decision at the right time for us, and for Nigeria.
There has been some debate about the Azura Partial Risk Guarantee and whether it is a good deal for Nigeria, what is your response to this? I think it is important to understand what the PRG is, and why it is in place, in order to respond to this. A partial risk guarantee is a mechanism that provides investors with comfort that in the event that the power value chain is unable to pay for power that is generated and provided to the grid, the PRG provider will step in and cover some of those costs. It’s also important to recognise that it doesn’t cover all of the costs. The investor retains a significant proportion of the risk. The PRG is only activated in the event that the government of the country in question also fails to activate its own guarantee of payment, which is also included within the financing processes. The PRG is a last resort that is only activated in the event of a complete breakdown in the system and, as a result, using it has some consequences for the country in question. International ratings agencies regard it negatively, for example, and it becomes more difficult and more expensive for the country, and project developers in it, to secure funds in the future. Because the Azura -Edo project was a first of its kind in Nigeria, and investors were stepping into unknown territory, the PRG was an essential part of the financing process and to be absolutely clear, without it, the investors would not have proceeded to financial close.
But you recently announced an investment in Senegal. Does this mean you are no longer exclusively focused on Nigeria? While Azura’s initial focus was on Nigeria and we continue to pursue opportunities here, we have a much broader focus today. Azura-Edo is our flagship project, but in conjunction with Africa50 - a multi-country investment vehicle seeded by the African Development Bank, we have recently made a major investment in Senegal
With regards to payment for your output to the national grid, do you foresee any challenges, how’s your transactional relationship with the NBET? One of the clear challenges in the system is that the remittances from the distribution companies to NBET are insufficient to cover the cost of the power that is being generated by Nigeria’s power generating companies. NBET, as the market maker in the middle, is currently supported by bridge financing mechanisms, typically provided by the Central Bank of Nigeria. However, these support measures are, and were always intended to be, interim measures, that is, over time the tariff and market shortfalls are supposed to reduce such that the remittances from the electricity distribution companies can support the entire value chain. NBET, along with NERC and other key agencies of government are working hard to move the industry in the right direction. NBET is a key stakeholder in the Azura project, it’s the one government agency that we have the most contact with. But it’s not the only government stakeholder. For example, the fuel-gas that we use in our turbines is purchased from a joint venture company in which the majority partner is the government owned Nigerian Petroleum Development Company. In addition, we purchase all our gas transportation services from the government owned Nigerian Gas Company. And the largest single lender to the project is the Central Bank of Nigeria - through its Power and Aviation Infrastructure Fund. And, of course, the other major government stakeholder in the project is the ministry of finance which stands behind the project’s payment securitisation. How do you think the power sector reform process is going? I think it is common knowledge that the reform process is facing some challenges and that different parts of the power value chain are evolving at different rates, which means that the entire system is not operating optimally. If we look back to when the Azura Edo project was conceived, the main focus of the government and international partners, was on Nigeria’s lack of generation capacity. Today, that capacity challenge has been mitigated to a certain extent and generation capability has been enhanced. This was initially a challenge for the transmission company which remains government owned, and which has slowly expanded its own ability to transmit the power that is now being produced, but this leaves the problem at the distribution end of the value chain, which is where the funding for it originates. The distribution companies have not been able to drive collections and enhance services for consumers to a level where they are generating enough funds to pay for the power that is transmitted to them. This means that the government has had to step in as a bridge financier to provide liquidity to the system. There is now a significant level of focus on addressing the Disco challenges, and we know that solutions including re-capitalisation of the distribution companies, mini-grids, off-grid structures and enhanced metering are all underway. However, the most important thing to consider when looking at the Nigerian power sector, is the need to think holistically. It is not possible to solve the sector’s challenges without covering it from end to end. While the current focus on addressing distribution challenges is commendable, we must not lose sight of the need to consistently build and improve gas production and distribution, as well as generation capacity so that as transmission and distribution capacity increases, the power is there to be provided to the consumer.
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Photo Editor ĂŒĂ“Ă™ĂŽĂ&#x;Ă˜ ÔËÖË Email Ă‹ĂŒĂ“Ă™ĂŽĂ&#x;Ă˜Ë›Ă‹Ă”Ă‹Ă–Ă‹ĚśĂžĂ’Ă“Ă?ĂŽĂ‹ĂŁĂ–Ă“Ă Ă?Ë›Ă?Ù×
Former President of Nigeria, Goodluck Jonathan, GCFR (left) and Former. Governor of Anambra State, Peter Obi at the 6th and 7th Convocation ceremony of Godfrey Okoye University Ugwuomu Campus, Enugu State... recently
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L-R: Kwara State Director of Sports, Mr. Tunde Kazim; Mrs Victoria Babalola; Donor and Ex Student of St. Anthony’s Secondary School, Babalola Opeyemi; and Kwara State Deputy Governor, Mr. Kayode Alabi; during the opening ceremony of newly built Basketball Court/Launching of new team Jersey at St. Anthony’s Secondary School Ilorin, Kwara State...recently
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PROPERTY & ENVIRONMENT Integrity Blends RevolutionPlus Property, Omoni Oboli, to Produce 10,000 Homes Bennett Oghifo
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he nation’s housing stock is expected to grow significantly if RevolutionPlus Property, a real estate company, is able to deliver on its promise to deliver 10,000 homes in the next five years. The promise looks more credible with the signing on of a renowned actress and movie producer, Omoni Oboli as the Brand Ambassador of RevolutionPlus Property, which already has strong presence in the nation’s real estate market. Chief Executive Officer, RevolutionPlus Property, Mr. Bamidele Onalaja spoke of the future addition in the company’s portfolio at the unveiling of the A-list artiste in Lagos recently. Onalaja said the company aims to provide homes for more Nigerians, particularly those in the Diaspora, adding that they had a flexible payment structure and free/ interest-free mortgage for use
in all their estates. He said, “Funding is a major problem for developers because interest rates from banks are killing. But we have been able to avoid fast loans; we do not owe any bank, we work within our means.” He said they had built 5,000 housing units in the last five years to Nigerians at home and in the Diaspora, adding that the three major things for everyone are shelter, food and clothing but that shelter was more important. He said the company always had promos during festive periods and that “Our Christmas and new year promo which is running from November 15 to January 15 is to help more people become homeowners with reduced prices and other gifts. We also unveiled our brand ambassador, Omoni Oboli, who will be joining our other Brand Ambassadors to create a niche for the company.” He said the firm chose Oboli because she was scandal-free and that she had a track record
of integrity. On what she would bring to the table, Omoni Oboli said “One of the things we are looking at is to get more people in the Diaspora to work with our brand. We know that over the years, people in the Diaspora have been duped by family, friends; you think they are building a mansion for you in Nigeria, yet they’re sending their children to school or building their own house, and then you come home one Christmas and ask for your house and there is no house or it’s only foundation you’d see.” Oboli said people trust her brand and that they are partnering to tell prospective homeowners that they could be trusted to deliver homes to them, adding that they intended to visit those in the Diaspora, at some point, to tell them what is available and to ask what they want built for them. She said her partnership with the property company was based on trust and excel-
lence. “You have to believe in something to sell it. The fact that they have trust and excellence as their watchword; those are the things that I have as well. I look out for
things like that and for me it is perfect.” On the choice of Oboli as a Brand Ambassador to move their building products in the market, the Executive Director,
RevolutionPlus, Mrs. Tolu Onalaja, said Omoni readily came to their mind. “I know strongly that this relationship is going to go very far because we have similar values.”
L-R: Chief Executive Officer, RevolutionPlus Property Ltd, Bamidele Onalaja; star actress, Omoni Oboli; and Executive Director, RevolutionPlus Property, Mrs. Tolu Onalaja, during the unveiling of Omoni Oboli as the company’s brand ambassador, and their Chrismas promo in Lagos… recently
Integrate Nigerian Engineers into National Development, Says Rafindadi Bennett Oghifo Managing Director/CEO, Federal Roads Maintenance Agency (FERMA), Engr. Nurudeen Rafindadi has urged the inclusion of the Nigeria’s engineers in the nation’s socio-economic development. Rafindadi, who made the call as the keynote speaker at the 41st Association of Consulting Engineers of Nigeria (ACEN) Annual Conference/AGM in Lagos, recently, noted that “Engineering and technology are crucial to the creation of social amenities like healthcare, quality education and support infrastructure such as transport, power, water supply, agriculture, among others. Engineering activities revolve around technical, social and economic systems providing a crucial impact on all identified development indexes.” Discussing the topic, ‘Integrating Nigerian Engineers Into National Development’, Rafindadi said “Engineers are at the core of national development
as no nation can develop in the absence of a flourishing practice of engineering and technology. Integrating the Nigeria engineer into the development process is, therefore, a starting point to the development of our nation.” He said Nigeria is expected to witness stability in the exchange rate and the entire macroeconomic environment. The country should also witness a major improvement in economic performance which should result among others, in a reduction of the importation of food items and refined petroleum products; improved power supply; improved transport infrastructure; expanded industrial production; improved competitiveness; greater availability of foreign exchange; improved job creation; reduction in poverty and greater inclusiveness in the spread of the benefits of economic growth. He said there are three potential pathways to integrating Nigerian Engineers into national development, broadly classified as policy formulation,
programme development, and project implementation. “A significant milestone was recently accomplished. The enactment of the COREN Amendment Act 2019 represents a landmark in our quest to ensure that engineering regulation acquires the required teeth in the enforcement of policies favourable to the development of engineering in Nigeria. “As a matter of policy, the Nigerian Government should address one factor that has continued to limit Nigerian engineering firms from competing effectively with offshore counterparts: the high cost of fund/ capital in establishing engineering practice and companies, and in the conception and pioneering of projects generally. Our offshore counterparts and competitors have access to much lower cost of capital and sometimes actually get financial/moral support from their home countries in the form of assistance in negotiating contract terms and conditions. The Nigerian government must
consider encouraging Engineering based MDAs to create commercial subsidiaries /enterprises that can bid and execute jobs using the local workforce. He further explained, “Government should consider the idea of establishing an infrastructure bank or credit agency that will lend at a concessionary rate
to empower local engineering firms. This will raise their level of participation and enable acquisition of requisite experience that would engender technology transfer. The Government should stimulate growth in the local manufacturing industry through developing our local production of industrial raw materials (steel,
chemicals, production plants and spare parts) where these are available and supportive fiscal policies such as reduction on import duties where they are not locally available. In general, I will say our problem is indeed not policy formulation but full implementation which has been lacking over the years.”
Sustainable Management of Biodiversity will Boost Enterprises, Says Ikeazor Fadekemi Ajakaiye Minister (State), Federal Ministry of Environment, Chief Sharon Ikeazor stated that sustainable management and use of biological diversity will boost enterprises. She stated this at the just concluded Nigerian Businesses for Nature Forum, which is a collaboration between Nigerian Conservation Foundation and the Federal Ministry of Environment. This first of its kind event was supported by the World Wide Fund for Nature (WWF), and BirdLife International. Ikeazor stated that biodiversity will ensure availability of raw materials for micro, small, and medium-scale enterprises to flourish. Despite their buff, the foreign exchange earning capacity for biological diversity, especially
when linked with tourism needs no further emphasises for this informed gathering, she said. She stated “Our renewed desire is to catch up with lost opportunities in ensuring sustainable socio-economic development for the citizenry of Nigeria.” We must take advantage and optimally utilise our God-given resources, without compromising both our existence and the ability of our next generation to meet their own needs, she said. Ikeazor stated that the theme for the forum, New Deal for Nature and People presupposes that we need to adopt new measures, processes and interactions to improve our current interface as a people with nature and apply our desires to re-engineer how we individually and collectively relate with nature. She stated that there is need
to find means of improving what we are currently doing to produce a result that engenders a win-win for the country. She urged the forum to come up with insightful and realistic recommendations for businesses that could fill into Nigeria’s preparation for the 15th meeting of the Conference of Parties to the United Nations Convention of Biological Diversity, and also, to agree on a post 2020 Global framework for biological diversity. I thus want to charge you to come up with practical solutions that will engender a new deal for Nigeria and its people, she said. This event and forum is important to the President, Mohammadu Buhari, and us, as it provides opportunities for linkages with the job creation pillar of the next level agenda of the current government, she said
Bode Adediji Partnerships Facilitates Free Medicals in Ada L-R: Managing Director, Federal Roads Maintenance Agency, Engr. Nurudeen Rafindadi; President, Association for Consulting Engineering in Nigeria, Engr. Charles ‘Yele Akindayomi; Permanent Secretary, Lagos State Ministry of Works and Infrastructure, Engr. Olujimi Hotonou; President, Nigerian Society of Engineers, Engr. Adekunle Mokuolu; President, Council for the Regulation of Engineering in Nigeria (COREN), Engr. Ali Rabiu, at the 41st ACEN Annual Conference in Lagos… recently
One of the leading firms of Estate Surveyors and Valuers in the country, Messrs Bode Adediji Partnership, is sponsoring and facilitating a free medical outreach organised by medical experts from Obafemi Awolowo University Teaching Hospital (OAU/OAUTHC), Ile-Ife, as part of activities marking
the 2019 Faculty of Clinical Sciences week. A statement by the firm notified the general public, “especially the great people of Ada, Osun State and its environ that there would be screening for surgical cases such as hernia, breast lump, swelling in other parts of the body, cataract and
other causes of blindness on Thursday, 28th November, 2019. The statement said “Medical and Surgical treatment will be offered on Monday, 2nd December, 2019,” at Mount Davis Hospital, Ibokun Road, Ada, and that all medications shall also be free.
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T H I S D AY ˾ TUESDAY NOVEMBER 26, 2019
PROPERTY & ENVIRONMENT
FG, Lagos Assure Apongbon Bridge Rehabilitation Will Be Completed in December Fadekemi Ajakaiye
F
ederal Controller of Works, in Lagos, Engr. Adaramola Kuti has assured Lagosians of the speedy completion of the rehabilitation work on the failed portions on both sides of Eko Bridge. He revealed that work has started at the Apongbon end. Kuti stated this at a joint press conference he addressed along with the Lagos State governor’s Special Adviser, Works and Infrastructure, Engr. Aramide Adeyoye and the state’s Commissioner for Transportation, Dr. Fredrick Oladeinde. They assured Lagosians that the rehabilitation works on the bridge would end on December 14, 2019 with minimal effect on traffic. The Lagos State Controller of Works allayed the fear of residents that the Eko Bridge would be shut down as a result of the on -going rehabilitation work, noting that the rehabilitation work was meant to replace the flexible pavement of about
150 meter failed portion with rigid pavement to put the incessant failure of the portions to an end. Kuti while dismissing the rumour that the bridge would be permanently shut down while the rehabilitation lasts, explained that the portion was divided into two and would be worked upon alternately. He explained that the rehabilitation work was delayed till now as a result of the heavy rains. Commenting on the video trending on the failure of the third mainland bridge, he dismissed the video as old and urged Lagosians to ignore it. He explained that the bridge was not meant to be static and that is why it has expansion joints will be replaced at the appropriate time. He revealed that all the expansion joints on the Durmerlong Bridge had been replaced and the bridge pavement resurfaced without shutting it down. The FG, he said had no plan to shut down the 3rd Mainland bridge for rehabilitation before the end of
this year, and assured that the bridge was very strong and safe. “We want to assure Lagosians that the 3rd Mainland Bridge is free, it is safe and we are not unmindful of the pains that Lagosians are currently going through with the rehabilitation works going on Lagos/ Ibadan Exp. Way and Lagos-Badgry Expressway. So, there is no way we will close the 3rd Mainland bridge at this critical period,” he said. On the Lagos-Ibadan Expressway, the Federal Controller of Works disclosed that the construction work on the Kara to Berger portion of the road would be completed and that the entire bridge would be reopened to traffic on December 15 this year, regretting that heavy downpours this year slowed down the pace of work on the ever busy expressway. He said, “Though the rains did not allow us to work at a planned speed, but once we finish the construction work inbound Lagos from Kara, we will not close the other end
L-R: Commissioner for Transportation, Dr. Fredrick Oladehinde; Federal Controller of Works, Lagos, Adedamola Kuti and SA to Gov. Sanwo-Olu on Works and Infrastructure, Aramide Adeyoye, at a press briefing on rehabilitation of Eko Bridge by Apongbon, at the Secretariat, Alausa, Ikeja… recently
of the road as planned before, we will open both sides of the road by December 15 this year so that people can enjoy free flow of traffic especially, during the yuletide, we will resume work on the other side in January.” The Commissioner for
Transportation, Dr. Fredrick Oladeinde, urged road users to obey traffic rules, as officials of the Lagos State Traffic Management Authority, LASTMA, Special Task Force and other security agencies have been mobilised to enforce the law.
Special Adviser, Works and Infrastrure, Engr. Aramide Adeyoye said the whole of Lagos State would soon become one huge construction yard, as the state was set to battle the road challenges, now that the rain seems to be abating.
Lagos Increases Road Construction Works as Weather Improves Fadekemi Ajakaiye As the rains are gradually subsiding, Lagos State Government has disclosed plans to turn the entire State into a construction village going by the number of road projects that have been awarded by the state government for rehabilitation, construction, reconstruction and regular maintenance when rain finally subsides. Special Adviser to Governor Sanwo Olu on Works and Infrastructure, Engr. Aramide Adeyoye,
who disclosed this in a chat with journalists in her office, stated that with the improvement in the weather, Lagosians would witness massive road construction and rehabilitation in a couple of weeks to come. She explained further that, contractors handling road projects at Ikorodu, Ijede, Agric/ Ishawo, Igbogbo, Bab Animasahun, Ojokoro Phase I & ii , Command / Ejigbo NNPC ,Pen Cinema Fly over have been fully mobilized to move back to sites as soon as rains
finally subsides. She commended Lagosians for their patience and understanding of the situation during the heavy downpours and its attendant effects on the road conditions. “We commend Lagosians for their patience and understanding, we are on top of the situation now, rain is gradually subsiding and there is an improvement in the weather, with the volume of construction works on ground now, Lagos is just like a construction village now, you are going to wit-
ICPC Raises Group to Prevent Diversion of Funds for Constituency Projects Bennett Oghifo The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has commenced a special initiative to ensure proper implementation of constituency projects funded by the Federal Government to ensure that the people get value for money spent on these projects. According to a statement by the Spokesperson for the Commission, Mrs. Rasheedat A. Okoduwa, the initiative tagged, Constituency Projects Tracking Group (CPTG), which also involves other stakeholders in the anti-corruption fight, is to help the Commission to proactively prevent the diversion of funds by any public officer or elected representatives and their collaborators. The Commission has already made appreciable gains just weeks after the start of CPTG. Notably, officers in the field tracking
the execution of projects have uncovered plenty malfeasances in the execution of constituency projects, the statement said. “A case in point was the diversion of a generator and equipment meant for a cottage hospital in Ukana, a community in Akwa Ibom State, by a private company in charge of delivering the equipment to the hospital. But for the intervention of ICPC through the CPTG, the people of Ukana and its environs would have lost the use of the equipment.” The ICPC said the birth of the Fourth Republic in Nigeria in 1999 pushed forward the ever increasing need for government to be closer to the people. It also opened up the door for inclusive government where the citizenry would directly participate in the governance process. Such participations are not limited to casting of votes for representatives of choice in election circles only, but
also benefiting from the direct essence of governance as can be interpreted in the provision of infrastructures for even development. Thus, constituency projects became one of the viable ways through which government can directly provide broad base infrastructures across the country. This is because it includes seeking the opinions of elected representatives from the constituencies on what projects most suit the needs of the people and funding same. However, the executions of constituency projects have been shrouded in secrecy and lots of controversies over the years, despite huge federal government funding. There have been increased complaints by citizens on the shoddy completion, non-completion or outright non-existence of these projects in their locale even where they were huge releases from the government.
ness a lot of transformation in road infrastructure in the next few months, as this administration is poised to take governance to the next level,” Adeyoye said. On the on-going Apapa/ Oshodi Expressway project, the Special Adviser expressed satisfaction that the State Government is enjoying good collaboration with the Federal Ministry of Works which is handling the portion of the project belonging to the Federal Government. She added that both the Lagos State Government and her Federal counterpart were using the same contractor for the project, which she noted has created good synergy in terms of materials testing, designs, outfalls, sizing, median, barriers and other technical areas. “We cannot have it better than now on Apapa/ Oshodi Express Way, there is no reason we should not get it right, the contractor
on the Federal Government side is also the contractor on the Lagos State Government side, so we don’t have any problem on the issue of designs, outfall, medians, barriers, sizing because we are perfectly collaborating and complementing each other, using the same contractor made it easier,” Adeyoye explained. While assuring Lagosians that road conditions under this administration would be better next year no matter the intensity of the rains, Adeyoye disclosed that the state government was putting a lot of measures in place to ensure that scientific methods are adopted in the construction of projects to avert a recurrence of the ugly experience next year. According to her, the State Government in all the on- going projects especially in the coastal regions was conscious of the choice of materials to use, while it has also reviewed its method
on road construction to meet international best standard. This effort according to her is aimed at delivering a road infrastructure that can withstand any condition and stand the test of time. “In all our new projects, we considered the topography of the state as a coastal state with low lying and constant rising water table, this has influenced our choice of materials; while we may consider hot patch asphalts in some areas, we may go for cold patch asphalt in other areas, depending on the topography of each area, we will use flexible pavements where necessary but we will always consider rigid and semi rigid pavement to achieve durability. By the time we follow the international best way standard practice, I assure you, we will have better experience next year, no matter the intensity of the rains,” the Special adviser said.
WTD: 673 Million People Practise Open Defecation, Say WHO, UNICEF Fadekemi Ajakaiye As humanity marks World Toilet Day (WTD) today, data by WHO/UNICEF, released this year, states that “Today, 4.2 billion people live without safely managed sanitation and 673 million people still practise open defecation worldwide (WHO/UNICEF 2019).” This year’s World Toilet Day (WTD) theme, “Leaving No One Behind,” emphasises the importance of making sure that access to sanitation is expanded to include
everyone, giving special attention to those who are most vulnerable. The world is still significantly off track to meet Sustainable Development Goal (SDG) 6 to ensure sanitation and water for all by 2030. A statement by the Water, Supply and Sanitation Collaborative Council (WSSCC) says “two billion people lack basic sanitation and 72 per cent of them live in rural areas. At the current pace, universal access to safely managed sanitation will not
become a reality until the 22nd century. “Rural areas are home to 91% of the 673 million people who continue to defecate in the open, and to 72% of the 2 billion people without basic sanitation services. “We call for the use of the following five principles to underpin rural sanitation programs: government leadership, stakeholder alignment, area-wide programming, inclusive solutions and evidence-based and adaptive implementation.”
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T H I S D AY ˞ ˜ Ͱʹ˜ 2019
BUSINESS/MONEYGUIDE
Eland Acquisition: Seplat Moves to Consummate Deal as Parties Resolve Dispute Chika Amanze-Nwachuku Seplat Petroleum Development Plc is set to consummate its deal to acquire Eland Oil and Gas Plc following the amicable resolution of issues raised by Starcrest Nigeria Energy Limited, a key stakeholder in Eland. Starcrest, a member of the Chrome Group of companies, had on November, 13, issued caution on the proposed acquisition of Eland Oil and Gas by Seplat , which was announced on October 15, on the Nigerian Stock Exchange (NSE) . According to Starcrest, there were fundamental misrepresentations, or material omissions in representation made by Eland and Seplat to NSE and the respective shareholders. Among the issues raised in the warning notice by Starcrest Counsel, Ogochukwu Ifeoma Aniekwe, was that the acquisition, which was based on Seplat Petroleum owning a 45 per cent stake in an oil mining lease held by Eland Oil and Gas, “is not true as Eland is not the operator of the license as portrayed to the general public.� However, sources familiar with the deal hinted yesterday that the Chairman of Starcrest, Sir Emeka Offor, met in London recently with the CEO of Eland, George Maxwell and Chairman of Seplat,
Bryant Orjiako, where the trio resolved the impasse, resulting in a favorable outcome for all parties. The meeting, according to the sources might have prompted Eland Oil & Gas shareholders to give overwhelming backing to the takeover of the Aberdeen-based firm. Also, in continuation of the deal, the Boards of Eland and Seplat stated that at the court approved meeting and the general meeting held last week, which was convened in relation to the proposed scheme, all the proposed resolutions for the take-over were duly passed by the requisite majorities. Eland, whose main asset is the OML 40 license in the Niger Delta, was founded in 2009 and listed on AIM, the London Stock Exchange’s growth market. Expectedly, the acquisition will boost Seplat’s production to 64,000 barrels of oil equivalent a day and propel it to becoming Nigeria’s biggest oil exploration and production company. Seplat said its half-year 2019 profit rose 152.6 per cent to N37.5 billion. The deal, according to industry sources, represents a big boost to the Nigerian Local Content Act which stipulates that Nigerian operators and indigenous service companies shall be given first
consideration in award of oil blocks, licences and works in the sector. “Eland has contributed greatly to helping the federal government achieve its mission of growing local participation in the sector. This is reflected in our choice of Seplat to acquire Eland,� Maxwell said. According to the terms of the agreement, Seplat will pay 166 pence a share for Eland in a purchase valuing the Londontraded company at about $484 million. Eland’s directors will recommend that shareholders vote in favor of the deal, which represents a premium of 33 per cent to the six-month average share price. It was also stated that any shareholder of Eland Oil & Gas whose name appears on the register as at close of business on Friday, October 18th, will stand a chance of receiving and retaining the interim dividend which the company had planned to pay on October 31st, 2019. “We are glad to have contributed immensely to the growth of the Nigerian oil and gas industry. Eland has, in a period which has seen a significant cyclical downturn in our industry, outperformed most of its peers on the AIM Oil & Gas Index,� Maxwell added.
Union Bank Opens New Branch Union Bank of Nigeria Plc has opened a new branch along Admiralty Way in Lekki, Lagos. The bank in a statement said the modern solar-powered branch was equipped with an innovative drive-through ATM facility. It stated that the new structure portrays Union Bank’s innovative outlook to banking. The branch, it added, was formally declared open by the Commissioner for Science and Technology in Lagos State, Mr. Hakeem Fahm, in the presence of Union Bank customers, guests, senior management and staff. Commenting on the achievement, Chief Executive of Union Bank, Emeka Emuwa said the new branch would give more of the bank’s customers increased access to the reliable and efficient banking experience that Union Bank was known for. According to him, “We are proud to unveil our flagship branch right here in the heart
of Lekki; one that speaks to our rich heritage while staying true to our simpler, smarter proposition. “At Union Bank, we believe banking should be simple, smart and tailored to the needs of the customer. It is this customercentric outlook that underpins our goal to continuously innovate and improve on our products and services across all our touchpoints.� While declaring the branch open, Fahm praised Union Bank’s focus on ensuring excellent service delivery. He said: “I congratulate Union Bank on the establishment of this new branch and applaud the management and staff for leveraging such innovative technologies in a bid to satisfy their customers.� The bank’s statement added, “The new branch is equipped to cater to the banking needs of all categories of customers including individuals, small businesses and larger organisations.
“Some major features of the branch include a fully equipped and accessible ATM gallery, the drive-through ATM facility and an Elite Lounge where customers can carry out their transactions in a premium environment. “The establishment of the new flagship branch reiterates Union Bank’s commitment to providing its valued customers across the country with excellent banking services that enable their success.� It added, “The bank currently offers a variety of banking services to both individual and corporate clients including current, savings and deposit account services, funds transfer, foreign currency domiciliation, loans, overdrafts, equipment leasing and trade finance. “The bank also offers its customers convenient electronic banking channels and products including online banking, mobile banking, debit cards, ATMs and PoS Systems.�
Dons Proffer Solutions to Africa’s Challenges at UBA Professorial Lecture Some university lecturers have suggested the adoption of strategic policy actions drive economic prosperity in Africa. The academics who spoke during the first Lecture Series of the UBA Professorial Chair in Finance at the University of Lagos (UNILAG) recently, listed other policy measures and strategies that could bring about far reaching results. These include instituting stable macro-economic policies, the adoption of supply-side strategies, capital market development, enhancement of banking and financial system, liberalisation of the economy, privatisation and reduced government dominance of eco-
nomic management, democracy and good governance, human capital development, policy co-ordination and enabling the multilateral environment. According to them, these polices are capable of creating a sustainable path towards the socio-cultural, economic and political development of the continent. The Professor of Finance and Chairman, UBA Professorial Chair, UNILAG, Prof. John Ezike was joined by the Head of Department, Economics, UNILAG, Prof. Risikat Dauda and Senior Lecturer, Finance Department UNILAG, Dr Olalekan Obademi, as they took turns in making contributions on the theme: ‘The Dynamic Structure of World
Economy from Globalisation to Slowbalisation: The African Dilemma.’ Ezike, who led the discourse, explained that the global economy, “is currently witnessing the fourth wave of revolution in civilisation, which is the movement towards deglobalisation or Slobalisation, adding that countries that have not benefitted from globalisation are those that fail to implement sound macroeconomic measures to maintain financial and exchange stability.� He said, “It behoves countries in sub Saharan –Africa, therefore, to strive to adopt policies that are in consonance with the realities of the rapid integration of world economies.
L-R: Director General, Lagos State Safety Commission, Lanre Mojola; Country Director, Development Alternatives Incorporated, Dr Joe Abah; Head, Sponsorship, Events & Content Management, FirstBank, Oze K. Oze; Real Estate Services Manager, Moradeyo Odubiyi; Medical Adviser, FirstBank, Dr Segun Oghuan, after the emergence of FirstBank as the winner of AfriSAFE Financial Sector Award 2019 for exemplary contribution to the improvement of health, safety, environment and well-being in Africa at the Africa Safety Award, held in Lagos‌ recently
MARKET INDICATORS MONEY AND CREDIT STATISTICS
(MILLION NAIRA)
SEPTEMBER 2019 Money Supply (M3)
35,029,779.72
-- CBN Bills Held by Money Holding Sectors
7,374,356.91
Money Supply (M2)
27,655,422.82
-- Quasi Money
116,533,891.21
-- Narrow Money (M1)
11,121,531.60
---- Currency Outside Banks
1,625,047.69
---- Demand Deposits
9,496,483.91
Net Foreign Assets (NFA)
13,911,335.83
Net Domestic Assets(NDA)
21,118,443.89
-- Net Domestic Credit (NDC)
35,918,179.45
---- Credit to Government (Net)
10,452,199.38
---- Memo: Credit to Govt. (Net) less FMA
11,007,422.79
---- Memo: Fed. and Mirror Accounts (FMA)
25,465,980.07
---- Credit to Private Sector (CPS)
-14,799,735.56
--Other Assets Net
7,000,253.07
Reserve Money (Base Money
2,005,600.83
--Currency in Circulation
4,677,530.81
--Banks Reserves
317,121.43
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Money Market Indicators (in Percentage) Month
March 2018
Inter-Bank Call Rate
15.16
Minimum Rediscount Rate (MRR) Monetary Policy Rate (MPR)
14.00
Treasury Bill Rate
11.84
Savings Deposit Rate
4.07
1 Month Deposit Rate
8.82
3 Months Deposit Rate
9.72
6 Months Deposit Rate
10.93
12 Months Deposit Rate
10.21
Prime Lending rate
17.35
Maximum Lending Rate
31.55
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OPEC DAILY BASKET PRICE Ëœ Í°Í° Ͱ͎ͯ͡
The price of OPEC basket of fourteen crudes stood at $64.56 a barrel on Friday, compared with $63.68 the previous day, according to OPEC Secretariat calculations. The OPEC Reference Basket of Crudes (ORB) is made up of the following: Saharan Blend (Algeria), Girassol (Angola), Djeno (Congo), Oriente (Ecuador), ZaďŹ ro (Equatorial Guinea), Rabi Light (Gabon), Iran Heavy (Islamic Republic of Iran), Basra Light (Iraq), Kuwait Export (Kuwait), Es Sider (Libya), Bonny Light (Nigeria), Arab Light (Saudi Arabia), Murban (UAE) and Merey (Venezuela). SOURCE: OPEC headquarters, Vienna
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T H I S D AY Ëž Ëœ Í°Í´Ëœ Ͱ͎ͯ͡
MARKET NEWS
Gains by Nestle, GTBank, 18 Others Sustain Bull Run Goddy Egene The stock market maintained its positive performance yesterday as price gains posted by 20 stocks lifted the Nigerian Stock Exchange (NSE) All-Share Index (ASI) by 0.16 per cent to close at 27,035.78. Nestle Nigeria Plc, Guaranty Trust Bank Plc, Stanbic IBTC Holdings Plc and Dangote Sugar Refinery Plc were among gainers that boosted the performance.
However, Law Union & Rock Insurance Plc led the gainers’ table, rising by 10 per cent, trailed by Jaiz Bank Plc with 9.5 per cent. Presco Plc chalked up 9.3 per cent. Neimeth International Pharmaceuticals Plc and Cadbury Nigeria Plc went up by 8.9 per cent and 8.8 per cent respectively. Other top price gainers included: LASACO Assurance Plc (8.7 per cent); AIICO Insurance Plc (8.4 per cent); Chams Plc (8.3 per cent); Dangote Sugar Refinery
P R I C E S MAIN BOARD
F O R
DEALS
Plc (8.2 per cent); Transcorp Plc (6.8 per cent); Nestle Nigeria Plc (6.1 per cent); GTBank Plc (0.68 per cent). Conversely, Okomu Oil Palm Plc led the price losers with 9.7 per cent, trailed by Cutix Plc with 9.5 per cent. FBN Holdings Plc shed 7.3 per cent, just as Cornerstone Insurance Plc and Livestock Feeds Plc went down by 7.1 per cent and 5.6 per cent in that order. Other top price losers are: NAHCO Plc (4.3 per cent); FCMB Holdings Plc (3.3 per
S E C U R I T I E S
MARKET PRICE
QUANTITY TRADED
VALUE TRADED ( N )
cent); Continental Reinsurance Plc (2.6 per cent); Access Bank Plc (2.4 per cent); Lafarge Africa Plc (2.1 per cent). In terms of sectoral performance, the NSE Consumer Goods Index and NSE Banking Index appreciated by 2.7 per cent apiece, trailed by the NSE Insurance Index, which rose 0.4 per cent. On the contrary, the NSE Industrial Goods Index and NSE Oil & Gas Index shed 0.5 per cent and 0.1 per cent in that order.
T R A D E D MAIN BOARD
A S
Meanwhile, activity level improved as volume and value traded increased 11.3 per cent and 13.1 per cent to 230.7 million shares and N3.2 billion respectively. The most active stocks by volume were Zenith Bank Plc (42.3 million shares) GTBank Plc(26.0 million shares), and FBN Holdings(19.7 million shares) while Zenith Bank Plc (N798.2 million),GTBank (N775.7 million) and Nestle Nigeria (N623.1 million) led by value.
O F
Analysts at Cordros Capital Limited had the market the stock market would continue to benefit, especially as fixed income yields remained on the downtrend. “In our view, the still compelling valuations and attractive dividends yields have driven market performance over the past few weeks, a reaction to a limited outlet for investments given recent policy directives limiting domestic participation in the FI market.
2 2 / 1 1 / 2 0 1 9 DEALS
MARKET PRICE
QUANTITY TRADED
VALUE TRADED ( N)
34
TUESDAY, NOVEMBER 26, 2019 ˾ T H I S D AY
MARKET NEWS
SEC Restates Commitment to Developing Commodities Ecosystem Goddy Egene
stated this at the opening of will aid diversification from oil a two-day capacity building to non-oil sectors and boost the The Securities and Exchange programme on commodities nation’s revenues and foreign Commission, SEC has restated trading ecosystem for staff of exchange (forex) earnings. According to her, the its commitment in ensuring that some federal ministries in Abuja. Uduk, who was represented commission is collaborating the commodities ecosystem in Head, Registration, with relevant stakeholders to the country becomes vibrant by so as to contribute to economic Exchanges, Market Infrastructure implement the 10-year capital and Innovation, SEC, Mr. market master plan and make development. Acting Director General Emomotimi Agama, said a Nigeria one of the world’s most of the SEC, Mary Uduk, vibrant commodities ecosystem liquid and Africa’s largest A Mutual fund (Unit Trust) is an investment floor of the Nigerian Stock Exchange. vehicle managed by a SEC (Securities and A REIT (Real Estate Investment Trust) is an Exchange Commission) registered Fund Manager. investment vehicle that allows both small and Investors with similar objectives buy units of the large investors to part-own real estate ventures (eg. Fund so that the Fund Manager can buy securities Offices, Houses, Hospitals) in proportion to their that willl generate their desired return. investments. The assets are divided into shares that An ETF (Exchange Traded Fund) is a type are traded on the Nigerian Stock Exchange. of fund which owns the assets (shares of stock, bonds, oil futures, gold bars, foreign currency, GUIDE TO DATA: etc.) and divides ownership of those assets into Date: All fund prices are quoted in Naira as at 22shares. Investors can buy these ‘shares’ on the Nov-2019, unless otherwise stated.
economy by 2025. and low contribution of “One of the crucial initiatives foreign exchange affecting of the plan was to develop a our commodities sub-sector,” thriving commodities trading she said. ecosystem and fully utilise the Uduk said Nigeria was nation’s potentials. We believe still challenged in the area of that if we can develop a vibrant transiting from an informal commodities trading ecosystem commodity trading system in Nigeria, we can substantially to one consummated on address lack of storage, poor the platforms of commodity pricing, non-standardisation exchanges. Offer price: The price at which units of a trust or ETF are bought by investors. Bid Price: The price at which Investors redeem (sell) units of a trust or ETF. Yield/Total Return: Denotes the total return an investor would have earned on his investment. Money Market Funds report Yield while others report Year- to-date Total Return. NAV: Is value per share of the real estate assets held by a REIT on a specific date.
She said if the country paid adequate attention to agriculture, it would boost food security, enhance job creation and facilitate production of raw materials for agro-processing, pointing out that the capital market must operate at optimum level, even as the implementation of its 10-year master plan remains a priority.
DAILY PRICE LIST FOR MUTUAL FUNDS, REITS and ETFS MUTUAL FUNDS / UNIT TRUSTS AFRINVEST ASSET MANAGEMENT LTD aaml@afrinvest.com Web: www.afrinvest.com; Tel: +234 818 885 6757 Fund Name Bid Price Offer Price Yield / T-Rtn Afrinvest Equity Fund 147.12 149.72 -6.29% Afrinvest Plutus Fund 100.00 100.00 14.62% Nigeria International Debt Fund 298.07 298.07 10.49% ALTERNATIVE CAPITAL PARTNERS LTD info@acapng.com Web: www.acapng.com, Tel: +234 1 291 2406, +234 1 291 2868 Fund Name Bid Price Offer Price Yield / T-Rtn ACAP Canary Growth Fund 0.89 0.90 6.05% ACAP Income Funds 0.76 0.76 34.33% AIICO CAPITAL LTD ammf@aiicocapital.com Web: www.aiicocapital.com, Tel: +234-1-2792974 Fund Name Bid Price Offer Price Yield / T-Rtn AIICO Money Market Fund 100.00 100.00 11.51% AIICO Balanced Fund 2.42 2.46 9.21% ARM INVESTMENT MANAGERS LTD enquiries@arminvestmentcenter.com Web: www.arm.com.ng; Tel: 0700 CALLARM (0700 225 5276) Fund Name Bid Price Offer Price Yield / T-Rtn ARM Aggressive Growth Fund N/A N/A N/A ARM Discovery Fund N/A N/A N/A ARM Ethical Fund N/A N/A N/A ARM Money Market Fund N/A N/A N/A AXA MANSARD INVESTMENTS LIMITED investmentcare@axamansard.com Web: www.axamansard.com; Tel: +2341-4488482 Fund Name Bid Price Offer Price Yield / T-Rtn AXA Mansard Equity Income Fund N/A N/A N/A AXA Mansard Money Market Fund N/A N/A N/A CAPITAL EXPRESS ASSET AND TRUST LIMITED info@capitalexpressassetandtrust.com Web: www.capitalexpressassetandtrust.com ; Tel: +234 803 307 5048 Fund Name Bid Price Offer Price Yield / T-Rtn CEAT Fixed Income Fund N/A N/A N/A CHAPELHILL DENHAM MANAGEMENT LTD investmentmanagement@chapelhilldenham.com Web: www.chapelhilldenham.com, Tel: +234 461 0691 Fund Name Bid Price Offer Price Yield / T-Rtn Chapelhill Denham Money Market Fund N/A N/A N/A Paramount Equity Fund N/A N/A N/A Women's Investment Fund N/A N/A N/A CORDROS ASSET MANAGEMENT LIMITED assetmgtteam@cordros.com Web: www.cordros.com, Tel: 019036947 Fund Name Bid Price Offer Price Yield / T-Rtn Cordros Money Market Fund 100.00 100.00 10.60% Cordros Milestone Fund 2023 98.09 98.80 Cordros Milestone Fund 2028 100.13 101.00 CORONATION ASSEST MANAGEMENT investment@coronationam.com Web:www.coronationam.com , Tel: 012366215 Fund Name Bid Price Offer Price Yield / T-Rtn Coronation Money Market Fund N/A N/A N/A Coronation Balanced Fund N/A N/A N/A Coronation Fixed Income Fund N/A N/A N/A EDC FUNDS MANAGEMENT LIMITED mutualfundng@ecobank.com Web: www.ecobank.com Tel: 012265281 Fund Name Bid Price Offer Price Yield / T-Rtn EDC Nigeria Money Market Fund Class A 100.00 100.00 11.20% EDC Nigeria Money Market Fund Class B 1,000,000.00 1,000,000.00 10.72% EDC Nigeria Fixed Income Fund 1,175.51 1,181.14 17.88% FBNQUEST ASSET MANAGEMENT LTD invest@fbnquest.com Web: www.fbnquest.com/asset-management; Tel: +234-81 0082 0082 Fund Name Bid Price Offer Price Yield / T-Rtn FBN Fixed Income Fund 1,247.57 1,249.12 16.94% FBN Balanced Fund 142.73 143.70 -0.04% FBN Money Market Fund 100.00 100.00 11.54% FBN Nigeria Eurobond (USD) Fund - Institutional 118.54 118.85 8.95% FBN Nigeria Eurobond (USD) Fund - Retail 119.08 119.40 9.69% FBN Nigeria Smart Beta Equity Fund 128.69 130.36 -14.21% FCMB ASSET MANAGEMENT LIMITED fcmbamhelpdesk@fcmb.com Web: www.fcmbassetmanagement.com; Tel: +234 1 462 2596 Fund Name Bid Price Offer Price Yield / T-Rtn Legacy Money Market Fund 1.00 1.00 11.05% Legacy Debt Fund 3.62 3.62 11.48% Legacy Equity Fund 1.09 1.11 -10.56% Legacy USD Bond Fund 1.08 1.08 4.53% FSDH ASSET MANAGEMENT LTD coralfunds@fsdhgroup.com Web: www.fsdhaml.com; Tel: 01-270 4884-5; 01-280 9740-1 Fund Name Bid Price Offer Price Yield / T-Rtn Coral Growth Fund 3,047.38 3,080.57 2.15% Coral Income Fund 3,061.84 3,061.84 11.72% FSDH Treasury Bills Fund 100.00 100.00 12.37% GREENWICH ASSET MANAGEMENT LIMITED assetmanagement@gtlgroup.com Web: www.gtlgroup.com ; Tel: +234 1 4619261-2 Fund Name Bid Price Offer Price Yield / T-Rtn Greenwich Plus Money Market Fund N/A N/A N/A Nigeria Entertainment Fund N/A N/A N/A GROWTH & DEVELOPMENT ASSET MANAGEMENT LIMITED assetmanagement@gdl.com.ng Web: www.gdl.com.ng ; Tel: +234 9055691122 Fund Name Bid Price Offer Price Yield / T-Rtn GDL Money Market Fund N/A N/A N/A
INVESTMENT ONE FUNDS MANAGEMENT LTD enquiries@investment-one.com Web: www.investment-one.com; Tel: +234 812 992 1045,+234 1 448 8888 Fund Name Bid Price Offer Price Yield / T-Rtn Abacus Money Market Fund 100.00 100.00 11.24% Vantage Balanced Fund 2.18 2.21 1.20% Vantage Guaranteed Income Fund 1.00 1.00 13.46% Kedari Investment Fund (KIF) 141.30 141.45 13.08% LOTUS CAPITAL LTD fincon@lotuscapitallimited.com Web: www.lotuscapitallimited.com; Tel: +234 1-291 4626 / +234 1-291 4624 Fund Name Bid Price Offer Price Yield / T-Rtn Lotus Halal Investment Fund 1.16 1.18 5.42% Lotus Halal Fixed Income Fund 1,112.65 1,112.65 11.68% MERISTEM WEALTH MANAGEMENT LTD info@meristemwealth.com Web: http://www.meristemwealth.com/funds/ ; Tel: +234 1-4488260 Fund Name Bid Price Offer Price Yield / T-Rtn Meristem Equity Market Fund N/A N/A N/A Meristem Money Market Fund N/A N/A N/A PAC ASSET MANAGEMENT LTD info@pacassetmanagement.com Web: www.pacassetmanagement.com/mutualfunds; Tel: +234 1 271 8632 Fund Name Bid Price Offer Price Yield / T-Rtn PACAM Balanced Fund 1.36 1.38 9.83% PACAM Fixed Income Fund 12.27 12.33 9.61% PACAM Money Market Fund 10.00 10.00 12.07% PACAM Equity Fund 1.06 1.06 PACAM EuroBond Fund 102.45 104.48 SCM CAPITAL LIMITED info@scmcapitalng.com Web: www.scmcapitalng.com; Tel: +234 1-280 2226,+234 1- 280 2227 Fund Name Bid Price Offer Price Yield / T-Rtn SCM Capital Frontier Fund 128.27 129.60 6.55% SFS CAPITAL NIGERIA LTD investments@sfsnigeria.com Web: www.sfsnigeria.com, Tel: +234 (01) 2801400 Fund Name Bid Price Offer Price Yield / T-Rtn SFS Fixed Income Fund 1.02 1.02 12.55% STANBIC IBTC ASSET MANAGEMENT LTD assetmanagement@stanbicibtc.com Web: www.stanbicibtcassetmanagement.com; Tel: +234 1 280 1266; 0700 MUTUALFUNDS Fund Name Bid Price Offer Price Yield / T-Rtn Stanbic IBTC Balanced Fund 2,453.45 2,464.68 5.96% Stanbic IBTC Bond Fund 209.25 209.25 12.42% Stanbic IBTC Ethical Fund 0.84 0.85 -11.05% Stanbic IBTC Guaranteed Investment Fund 271.85 271.94 12.02% Stanbic IBTC Iman Fund 146.42 147.93 -10.29% Stanbic IBTC Money Market Fund 100.00 100.00 10.96% Stanbic IBTC Nigerian Equity Fund 7,507.79 7,587.91 -11.62% Stanbic IBTC Dollar Fund (USD) 1.15 1.15 6.46% Stanbic IBTC Shariah Fixed Income Fund 101.63 101.63 0.00% UNITED CAPITAL ASSET MANAGEMENT LTD Web: www.unitedcapitalplcgroup.com; Tel: +234 803 306 2887 Fund Name Bid Price Offer Price Yield / T-Rtn United Capital Balanced Fund 1.17 1.18 1.07% United Capital Bond Fund 1.72 1.72 16.28% United Capital Equity Fund 0.65 0.66 -9.09% United Capital Money Market Fund 1.00 1.00 11.29% United Capital Eurobond Fund 111.05 111.05 8.22% United Capital Wealth for Women Fund 1.06 1.07 6.15% QUANTUM ZENITH ASSET MANAGEMENT & INVESTMENTS LTD service@quantumzenithasset.com.ng Web: www.quantumzenith.com.ng; Tel: +234 1-2784219 Fund Name Bid Price Offer Price Yield / T-Rtn Zenith Equity Fund 10.15 10.30 -10.03% Zenith Ethical Fund 11.49 11.64 -8.30% Zenith Income Fund 22.70 22.70 12.27% Zenith Money Market Fund 1.00 1.00 9.76%
REITS NAV Per Share
Yield / T-Rtn
5.40 118.34 53.38
-44.85% 6.46% 3.17%
Bid Price
Offer Price
Yield / T-Rtn
8.11 90.49 71.75
8.21 92.45 73.11
-18.30% -20.08% -16.43%
Fund Name FSDH UPDC Real Estate Investment Fund SFS Skye Shelter Fund Union Homes REIT
EXCHANGE TRADED FUNDS Fund Name Lotus Halal Equity Exchange Traded Fund SIAML Pension ETF 40 Stanbic IBTC ETF 30 Fund
VETIVA FUND MANAGERS LTD Web: www.vetiva.com; Tel: +234 1 453 0697 Fund Name Vetiva Banking Exchange Traded Fund Vetiva Consumer Goods Exchange Traded Fund Vetiva Griffin 30 Exchange Traded Fund Vetiva Industrial Goods Exchange Traded Fund Vetiva S&P Nigeria Sovereign Bond Exchange Traded Fund
funds@vetiva.com Bid Price
Offer Price
Yield / T-Rtn
3.62 5.13 12.06 10.69 161.32
3.66 5.21 12.16 10.89 163.32
-9.55% -32.45% -17.44% -13.40% 21.30%
NAV Per Share
Yield / T-Rtn
108.40
17.40%
INFRASTRUCTURE FUND Fund Name Chapel Hill Denham Nigeria Infrastructure Debt Fund
The value of investments and the income from them may fall as well as rise. Past performance is a guide and not an indication of future returns. Fund prices published in this edition are also available on each fund manager’s website and FMAN’s website at www.fman.com.ng. Fund prices are supplied by the operator of the relevant fund and are published for information purposes only.
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TUESDAY NOVEMBER 26, 2019 ˾ T H I S D AY
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AGF: Correctional Centres Can Reject Persons Awaiting Trial Alex Enumah in Abuja The Attorney General of the Federation and Minister of Justice, Abubakar Malami yesterday told officials of the Correctional Services (Prisons) that they have powers
to refuse to keep in their custody persons awaiting trial, if relevant agencies of government failed to address the issues of such inmates within a period of three months. Malami, who made the disclosure while declaring open
Court Bars EFCC from Prosecuting Ex-Customs CG, Dikko over AGF’s Agreement The Federal High Court in Abuja yesterday barred the Economic and Financial Crimes Commission (EFCC) from prosecuting a former Comptroller-General of the Nigeria Customs Service (NCS), Abdullahi Dikko. Delivering judgment on the suit instituted by Dikko, Justice Nnamdi Dimgba held that the non-prosecution agreement entered into between the Attorney-General of the Federation and Minister of Minister, Abubakar Malami,
and the plaintiff, was binding on EFCC. The agreement was said to have been based on the return of N1.5 billion proceeds of alleged crimes he committed while in the office to the coffers of the federal government. Justice Dimgba held that by virtue of the provisions of Section 174 of the Constitution, the AGF being the chief law officer of the federation, was imbued with wide powers and discretion on prosecution matters.
the first “National Workshop on the Effective Implementation of the Nigerian Correctional Service Act,” said the move is aimed at tackling the issue of overcrowding in the prisons. Report had it that 70 per cent of inmates across correctional centres in the country are persons awaiting trial with some of them in detention for more than 10 years. The Correctional Service Act which according to the AGF, is a fallout of ongoing reform, is aimed at decongesting prisons as well as equipping inmates for a better life after prison.
President Muhammadu Buhari has said his administration is giving prominence to agriculture because it remains the nation’s veritable tool for economic recovery. Buhari stated that Nigeria had neglected agriculture, adding that the federal government was now wiser to make investments in the sector. Buhari spoke at the 23rd Farmers’ Day Celebration tagged: ‘Farm and Fortune’
at the Nigerian Agip Oil Company, NAOC-Green River Project (GRP) Plant Propagation Centre(PPC) Obie, in Ogba/Ebema/Ndoni Local Government Area of Rivers State through a video recording played at the venue. He said the federal government realised that the future of the nation depends on agriculture and decided to make necessary investment in that sector as farmers are the true heroes of the land. “As at 2015, our economy was in such a perilous state
Nneka Emeghara and Henry Onyeka The Central Bank of Nigeria (CBN) and the Bankers’ Committee of Nigeria, recently joined the rest of the world to commemorate the World Savings Day. The 2019 Savings Day with the
with oil prices crashing internationally and so many challenges nationally and locally. In fact, our country was in a desperate state. “We tried to put our modest resources where our mouth was. We focused on agriculture and God heard our prayers, and we got good returns for our investments. “We are putting ideas together to change the land and take our farming seriously again. They (the farmers) heeded our call and have not regretted it since then.”
PDP Salutes Atiku at 73 Chuks Okocha in Abuja
The Peoples Democratic Party (PDP) yesterday congratulated its presidential candidate in the 2019 general election and former Vice President, Atiku Abubakar, as he reaches the age of 73. PDP in a statement by its National Publicity Secretary, Kola Ologbondiyan, described Atiku is an exceptional patriot, quintessential democrat, leading light and incontrovertible symbol of the collective quest by Nigerians for a united, peaceful, secure, democratic and prosperous country governed
by the rule of law, equity and justice for all. According to PDP, “Atiku leads the trail in the hope for a much-desired national rebirth, anchored on purposeful leadership where the overall interest of the people is over and above selfish personal interests.” The party said it is therefore lamentable that at the time Nigeria would have been enjoying the dividends of Atiku’s blueprint for economic recovery and political stability, “Nigerians are rather groaning under prevailing harsh economic
policies, excruciating multiple taxes, worsened security situation and degenerated poverty in the land.” Ologbondiyan, stated that PDP holds as unarguable that the nation, by now, would have been enjoying a breath of fresh air had the February presidential election had gone its way. Ologbondiyan noted that this is so because Atiku has demonstrated in all spheres of life that the true worth of leadership is in applying the powers therein for the collective good of the people rather than that of a group or self.
Tallen, Fayemi, Ezekwesili for 2019 National Women’s Dialogue The Minister for Women Affairs, Paulen Tallen; First Lady of Ekiti State, Erelu Bisi Fayemi; and former Vice-President of the World Bank, Dr. Obiageli Ezekwesili, are among the keynote speakers for the 2019 National Women’s Dialogue (NWD). This was contained in a press statement issued yesterday by the organisers of the event. The NWD, themed “The Nigeria We Want: Nigerian Women-A National Conversation”, is expected to have no fewer than 5,000 participants. According to them, the 2019
NWD will tackle challenges of out of school girl-child; early marriage; effect of insurgency on women and children; among others. The statement read in part, “Over 5, 000 women from different walks of life will grace the upcoming National Women’s Dialogue 2019. “The three-day dialogue is scheduled to hold at the National Centre for Women Development (NCWD), Abuja from November 27 to 29. “The conference, tagged WOMANIFESTO ‘19, is to bring women together to dialogue and
cannot but give credit to Mr. President for his demonstrable commitment towards the speedy decongestion of Nigerian prisons, now Correctional Centres”. Among some of the innovations in the new Act, the Minister cited include section 18(2) which empowers prison officials to reject inmates suspected to have undergone torture or other inhumane treatment in the hands of relevant agencies. “By virtue of section 18 (2) of the Act, Upon the delivery of the notification under section 18 (I) (d), the State Controller shall cause
to be activated, the procedure for refusal to admit awaiting trial persons to his custodial centre, where the heads of the relevant agencies notified fails to take necessary steps to address the situation within a reasonable time not exceeding three months. “A Superintendent shall refuse to admit any person brought in with severe bodily injury, mentally unstable or underage provided that the Superintendent shall ensure due documentation of the name, date and other particulars relating to the person that was refused admission”,
CBN, Bankers’ Committee Take Financial Inclusion Campaign to Schools
Buhari: Agriculture is Nigeria’sVeritable Tool for Economic Recovery Ernest Chinwo in Port Harcourt
“We consider the Nigerian Correctional Service Act, 20l9 very critical to the administration of Criminal Justice in Nigeria for quite a number of reasons. “In the first place, it is our much-awaited legislative wand for bringing to an end the hydro headed problems associated with overcrowding and prisons congestions in the Country. “With this Act in place, we now have the much needed legislative backbone for the comprehensive implementation of the national policies and strategies for prisons decongestion in Nigeria and I
come up with a charter of demand on issues affecting women and children in the country. “The three-day event will feature presentations and discussions in areas of health care, women participation in politics,businessandothergender-related issuessuchas,percentageofoutofschool girl-child; early marriage; maternal death rate; effect of insurgency on women and children; among others. “Delegates will be drawn from women groups, collectives, civil societies, entrepreneurs,professionals,socialmedia influencers and women within the labour work force.”
theme “Savings Give Life a Lift,” was marked in 565 local government areas and reached over 80,809 students in 642 schools in a bid to increase public awareness on the importance of building a good savings culture for their financial future. It would also encourage a sense of discipline and planning. Chief Executive Officers of Nigerian commercial banks and their employees visited schools across the country to tutor and mentor students and youths on the transformative power of imbibing a good savings culture as part of activities marking the 2019 World Savings Day. This initiative is in line with the
CBN and the Bankers’ Committee’s drive to bridge financial literacy and enhance the inclusion youths and children into the Nigerian financial system. Speaking on the event, the Chairman of Financial Literacy and Public Enlightenment SubCommittee (FLPE), Mr. Emeka Emuwa, said the importance of educating young Nigerians on the benefits of a good savings culture cannot be overemphasised. “We are proud to see the financial institutions in Nigeria take up the task of mentoring, educating and empowering young Nigerians with critical information on building a savings culture and increasing
awareness on the importance of earning, managing and saving money in order to have a secure future. “Many of these students are our future bankers and as such we will continue to develop programmes and activities that will further empower them.” The World Savings Day is observed annually across the globe to raise awareness on the importance of building a good savings culture. It is aimed at ensuring that the next generation is empowered with important financial awareness and literacy needed to enhance economic prosperity.
36 ADVERTORIAL
TUESDAY NOVEMBER 26, 2019 •T H I S D AY
TUESDAY NOVEMBER 26, 2019 ˾ T H I S D AY
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Okowa Decries Tax Evasion by Rich People in Delta Omon-Julius Onabu in Asaba Delta State Governor, Dr. Ifeanyi Okowa, yesterday in Asaba inaugurated the new Delta State Board of Internal Revenue (DBIR), lamenting that too many affluent people in the state are evading tax payment, thereby denying the government of vital source of funds for various development programmes. Okowa, however, harped on the importance of internally generated revenue (IGR), and charged members of the new board to step up their activities with effective reforms in order to meet set targets, which the DBIR had regrettably been unable to do during his first tenure. The DBIR members inaugurated are Mr. Monday Onyeme as
Chairman; Mr. Mike Edegware as Secretary; Mr. Kelly Edegwhenerue and Mr. Godday Daniel. A fifth member, Mr. Austine Igbine, is expected to be inaugurated later after due screening by the state legislature. The governor said an increased IGR remains the most reliable means of bridging “the funds gap arising from the challenges and dwindling revenue from the Federal Accounts Allocation Committee (FAAC).’’ Okowa cautioned the board against overburdening the poor citizens who are trying to eke out daily living but to go after the rich people who are often unwilling or reluctant to pay their taxes. He, however, noted that the critical rich class could be made to pay tax without necessarily overcharging them, saying the tax
net must incorporate this class of citizens through reform strategies to ensure increased IGR in the state through an expanded revenue base. While explaining that he state needs additional funds to finance its technical education, health, infrastructure (roads) among others, Okowa added that DBIR collaboration with other agencies of the government must be improved for success in the revenue drive even as he pledged his administration continuous support for the board. Responding on behalf of other members, Onyeme (chairman) thanked the governor for finding them worthy to be reappointed for a second term, and pleaded for accelerated passage of the DBIR autonomy and professionalism bill at the state House of Assembly.
At 6th AFRIMA, Africans Unite to Celebrate Excellence On Saturday, November 23, 2019 before a huge gathering of expectant guests at Eko HotelAnd Suites, Lagos, Nigerians, who turned up in elegant dresses and wearing panache on their faces and carriage, the continent of Africa united in celebrating the very best of its illustrious creative children in the field of music. In a single night of glamour and spectacle, the massive stage of the All Africa Music Award, AFRIMAat the Eko Convention Centre in Victoria Island, Lagos, presented artistes of varied cultural backgrounds. It was indeed a moment of glory for the peoples of a continent, who aside being harangued by challenges in almost all the countries. On parade at Eko hotel, were Sauti Sol (Kenya); Amiinux (Morroco);
Stonebwoy- (Ghana); and Kanvee Adams (Liberia). The natural resouce-rich Democratic Republic of Congo had two artists, Awilo Logomnba and Ferre Gola, just as South Africa had three Nadia Nakai, Tellaman and Master KG. The Eastern Africa was not left out as talk of the biggest music night in Africa was Nikita karren, a 17 year old from Kenya whose performance blown many away with a standing ovation. from the full capacity of Eko Convnetion Centre,Eko Hotel,lagos. Nigeria, being the host country and perhaps because of its sheer size and cultural credo on the continent, had five slots -- Teni Apata; Skibi; Praiz; JoeBoy, and the legend of the hip hop generation, Innocent Idibia, aka 2Baba.In all, 29 artistes
performed at the biggest nigh of Music in Africa in a medley that showed collaboration and unity of the continent through music and culture. The celebration last Saturday, witnessed by hundreds of guests from across the continent, also enthroned some of the creatives as the very best across musical genres and countries of the continent. The regional category conferred status on artists from as many as 20 countries of the continent. These are: Best Male Artist in Central Africa -- Salatiel (Cameroon) with his work, ‘Anita; ‘ Best Female Artist in Central Africa -- Shan’L (Gabon) – ‘Ces’t Pas Les Gbes’
FG ORDERS FOR NEW EQUIPMENT TO IMPROVE AIRPORTS’ SECURITY “Insiders threats from airport staff when and where there is no sufficient background checks on them before employment; there are others who have been disengaged but whose ID cards and IDC have not been retrieved but somehow gained access to the security controlled areas; there are issues of workers of contractors who are not adequately processed for access into to security controlled areas, etc,” he added. There are many access into the security controlled areas that need to be fortified, outside the 23 kilometres perimeter fence, especially around the cargo terminals, the general aviation operation terminals,” Ojikutu said. In his contribution, security expert and Chairman of Scope Centre Limited, Bayo Babatunde, told THISDAY that there are new security threats in air transport that could be combated with advanced technology system and urged the federal government to ensure that airports are protected with these modern security system. “The threats to international aviation continue to evolve as the perpetrators devise methods to contravene procedures and improved counter measure technologies. “It’s a case of both parties not resting on their oars. While the global governing body, the International Civil Aviation Organisation (ICAO) continues its global oversights and regulations through the ICAO Annex 17, which details the standards and recommended procedures for members contracting bodies,
the local regulatory Civil Aviation Authority is responsible for domesticating the international rules in line with the National Security Programme through the National Aviation Security Programme / standards which must adopt the ICAO Standards as minimum standards. In all of these, the safety and continued security of international aviation is the sole objective. It is also important to note here that international aviation is global and the same standards are applicable all over the world. “There are no local standards . In Nigeria, the Nigerian Civil Aviation Authority (NCAA) has over the years responded to the global security threats, working with the ICAO and the National Security Office to develop procedures for enhancing the security procedures and technological requirements. A critical element of the NCAA post-911 is the creation of the AVSEC department that is specifically designated for the direct oversights and monitoring/ regulations. This has enhanced the professional practice of AVSEC at the various Nigerian airports. Over the last decades, the evolution of threats has been rapid and the authorities have worked very hard to ensure unbroken traveling experience. Steps have been taken to improve access controls without sacrificing quality of facilitations and security. A critical element is the continued advancement of science and technology in airport scanners. Now, there are proficient technologies to detect all levels of threats, from drugs and explosives concealed on the body, improved
scanners for detecting metals, IEDs and narcotics in hand held and checked in luggage,” Babatunde said. According to him, the concealment of threats have extended to the deep and light cargoes, pointing out that there are ways to detect all identifiable threats. He noted that there are human factors in aviation security challenges. “Contracting states are advised to adopt a most stringent background checks to ensure compromised individuals are not employed as AVSEC operatives. In line with the ICAO standards, AVSEC operatives are expected to undergo continued trainings and evaluation. It is a requirement that operatives must not be colour blind, therefore good vision is critical to the successful scanning operations. “A colour blind operator will fail in the interpretation of the colour algorithms of the scanning machines. In general, the prosperity of a nation is tied to the safety and security of its aviation sector. “In conclusion, the improved regulations and oversights by the NCAA, through the special vehicle, AVSEC Regulatory Department, has generally enhanced security of international aviation. Additional investment in modern equipment and technology is required to ensure the airports are up to date with their international counterparts and maintain the category one status with the US Federal Aviation Administration (FAA),” Babatunde explained.
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TUESDAY NOVEMBER 26, 2019 ˾ T H I S D AY
TUESDAYSPORTS
Group Sports Editor Duro Ikhazuagbe Email duro.ikhazuagbe@thisdaylive.com 0811 181 3083 SMS ONLY
AT TA C K S O N R E F E R E E S
NPFL Goes Tough on Players, Bans Nasarawa Utd’s Komolafe for One Year The Nigeria Professional Football League (NPFL) has given a one-year ban to Nasarawa United’s Paul Seun Komolafe for assaulting match officials during a top-flight game against Plateau United. Komolafe was also found guilty of inciting the club’s supporters to commit violence against match officials. The team’s Equipment Manager, Aliyu Mohammed Hamzat, has also been banned for life from all NPFL match venues and activities for same offence. The north central region club will also have to play their
games behind closed doors for an indefinite period and given 10 days to pay a fine of N4,250,000 for breaches of league rules. The fine includes N1,250,000 compensation for the match officials. The club’s spokesman Eche Moses, was also fined $300 and cautioned for ‘releasing or causing to be released, a written press statement unfairly criticising match officials, a conduct deemed capable of bringing the League to disrepute’. Several attempts to curb violence in the nation’s domestic leagues in the past have failed.
The League Management Company (LMC), who organises the NPFL, said it hopes that severe punishments such as these
for clubs will serve as deterrent to protect match officials and the country’s domestic football. The LMC was set up in 2012
in an attempt to revive the troubled top-flight of Nigerian football blighted by leadership problems to TV rights and
sponsorship disagreements, violence on the pitch, corruption off it and a badly organised calendar.
U E FA C H A M P I O N S L E A G U E
Zidane Dismisses Real’s Revenge Agenda against PSG Real Madrid Head Coach, Zinedine Zidane, has said that the former European champions are “not looking to get revenge” when they host Paris Saint-Germain in the UEFA Champions League tonight after a 3-0 defeat in France earlier in the group stage. Pressure mounted on Zidane after that loss at the Parc des Princes in September, but the 13-time European champions have since enjoyed an upturn in fortunes and sit behind leaders Barcelona only on goal difference in La Liga. Real can join PSG in securing a last-16 place with victory at the Santiago Bernabeu, or if Club Brugge fail to win at Galatasaray in the other Group A match. “We aren’t looking to get revenge after what happened earlier in the group,” Zidane said yesterday. “But we want to play a good game of course and maintain our form. “It’s the kind of game where you can confirm you’re on a good run. We want to win because we’re at home and we want to play good football. “I want to see my side play 90 minutes at their best.” Frenchman Zidane was rebuked by PSG Sporting Director Leonardo earlier this month for comments about a possible move for his compatriot Kylian Mbappe, when he said the Paris forward’s “dream is to play for Real Madrid”.
The 47-year-old made clear again his admiration for Mbappe ahead of Tuesday’s encounter. “You know that I’ve known Mbappe for a long time and that I’m in love with him as a person because of when he came here on trial a long time ago,” said Zidane. “Having said that, he’s our opponent and there’s no more to it.” Real have recovered in the Champions League after also being held to a 2-2 home draw by Brugge in their second game, beating Galatasaray home and away including a 6-0 thrashing in Madrid last time out. Goalkeeper Thibaut Courtois is hoping the Spanish giants can show how far they have come since the loss in Paris. “The first meeting with them helped us learn a lot – it wasn’t a good game but we’ve improved a lot lately,” said the Belgian. “It’s not revenge, more wanting to get one over on another big team who have aspirations to win the Champions League and we need to show how good we are.” PSG lead Real by five points with two matches remaining and can secure top spot in the group by avoiding defeat.
TONIGHT’S FIXTURES Galatasaray Vs Brugge Real Madrid Vs PSG Zvezda Vs Bayern Spurs Vs Olympiacos Atalanta Vs Zagreb Man City Vs Shakhtar Lokomotiv Vs Leverkussen Juventus Vs Atletico
Real Madrid players at training yesterday ahead of tonight’s clash with PSG at the Santiago Bernabeu
Our Players Are well-motivated to Win the Zenith/Delta Principals’ Cup, Says Useh The Principal of School of Commerce, Warri, Felix Useh, has expressed high hopes about his wards’ ability to win the 2019 Principals’ Cup trophy. School of Commerce has Zappa Mixed College, Asaba to contend with in the final of the developmental competition sponsored by Zenith Bank Plc and organized for all secondary schools in Delta State. About 850 private and public secondary schools began the
journey on September 30. Useh, Principal of School of Commerce, said the players have been well-motivated to win the trophy. Useh said: “We have been trying to get this far in the past but this year, we made it due to motivation. The players are working hard and they are in high spirits for the final. “I joined the school in 2016 and we played in the semis that year but in the past two
editions, we lost in the prelims. On Thursday, we will be all out to win. “In this event we have beated teams 7-0, 6-1 and just in the semis, we won 5-0. We expect the final to be tough but we will overcome to lift the trophy.” Also, School of Commerce’s Kingsley Emarievwe, at the weekend told reporters that his team had all it takes to clinch the trophy. However, Coach of the Zappa
Mixed School, Dare Ajayi, has allayed fears over the good run of the Warri team. Ajayi said: “We are very focused and will approach the match like that to get the trophy. We are not intimidated.” Delta’s Commissioner for Basic and Secondary School Education, Chief Patrick Ukah, said all arrangements were in top gear for the state to stage an interesting final match on Thursday at the Stephen Keshi Stadium in Asaba.
Basketball: Gidi Giants Win First Temple Jam Trophy Nigeria’s newest basketball club, Gidi Giants defeated Gombe Bulls 58-51 on Sunday night to lift the maiden Temple Jam Basketball Tournament. It turned out a game of fireworks, drama and entertainment. The Giants got off to the first shot and maintained the lead at 18-16 at the end of the first quarter. The Bulls soon recovered in the second quarter that saw the two sides scoring so lowly. Scores therefore stood at 23-23 at the end of the second quarter.
The third quarter ended 42-39 in favour of the Giants but the fourth quarter took a while to resume as the Bulls protested what they termed poor officiating against them. The organizers intervened the disagreements over the technical issues were settled. When the match resumed it became fresh battle but the younger and more athletic Giants held their ground to win the match. Wisdom Anyaocha shot 17 points and grabbed four rebounds for
the Bulls. Owen Oriakhu hit 13 points and six rebounds for the Gidi Giants while his teammate Victor Komonibo added 12 points. Owen Oriakhu of Gidi Giants was named the Most Valuable Player of the tournament. The Highest Rebounder trophy went to Lucky Subel of Nigeria Potters; Joel Okpoku of Tema Youth, Ghana got the award for the Highest Assists while Ifeanyi Okoro of Oluyole Warriors won for the Highest Blocks.
The Top players were listed as Ibeabuchi Agu (Gombe Bulls); Komonibo Victor (Gidi Giants); Okiki Afoape (Gidi Giants) and Toani Buhari (Anambra Flames). The jam-packed Teslim Balogun Stadium sports hall had the Speaker of House of Representatives, Femi Gbajabiamila and Nigeria’s business mogul, Tunde Folawiyo who is the Chairman of the Temple Management Company in attendance.
sports emphasizing that “you are the people that showcase to the world whatever is happening in the sporting world; your role in sports development is therefore very crucial and cannot be wished away.” While calling on the SWAN President to carry everyone along, the veteran badminton, tennis and football player whose fraternity with SWAN dates over a decade stressed the need for members to
work as a team for the Association to forge ahead. “You can only achieve your set goals in this Association if you are united. Without unity, you cannot make headway; I, therefore, urge you to be united in one voice to move the Association forward. On my part, I will be available to support you within my capacity any time you knock on my door.” Emir Suleiman declared.
Record Entries at Asoju-Oba Table Tennis Tourney I Will Support Sports Till My Last Breath, Says Emir of Bade From the 310 participants that featured in the 2018 edition, the 51st Asoju Oba Molade OkoyaThomas Tournament witnessed record entries as over 365 players have been listed for the five-day event. From the turnout on the opening day yesterday at the Molade Okoya-Thomas Hall of Teslim Balogun Stadium, it was clear that the competition has continued to attract more players annually.
According to the Secretary General of the Lagos State Table Tennis Association (LSTTA), Ayobami Morakinyo, participants from schools and clubs have also identified with the longest running table tennis tournament in Africa. “We are excited with the huge turnout because registering the players was stressful but this has gone to show that the tournament has become a household name in Lagos and Nigeria.
Backs SWAN’s drive for sports devt. The Emir of Bade, Alhaji Abubakar Suleiman II has said that he will continue to support sports development in Nigeria until his last breath; just as he assured members of SWAN of his commitment to the association. These positions according to him stemmed from the fact that sports remain a unifying factor across the world; and need the support of sports journalists to
effectively manifest its potentials. Alhaji Suleiman, who is also the Deputy Chairman of Yobe Council of Chiefs stated this while playing host to the President, Sports Writers Association of Nigeria (SWAN), Honour Sirawoo who led a delegation of members of the association on a courtesy visit to his Palace in Gashua, Yobe State. The monarch underlined the role of SWAN in the development of
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MISSILE ASUU to FG
“We will destroy Nigerian universities with IPPIS if government should go ahead and force people to enroll. You can’t bring lecturers from all over the world and ask them to go and register in Abuja in the ministry. It is ridiculous. We have gone beyond that. They are taking us many decades back. It is sad” – ASUU directing its members to disregard a circular from the Office of the Accountant General of the Federation to enroll academic staff on IPPIS.
TUESDAY WITH REUBENABATI abati1990@gmail.com
Oyetola and Osun Investment Summit: Before and After
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omorrow, November 27, 2019, it would be exactly one year since the Governor of Osun State, Adegboyega Oyetola was sworn in as Governor of Osun State. The circumstances of his emergence as Governor were quite controversial at the time, especially as the Osun Gubernatorial election was analyzed in the context of the then forthcoming general elections in February/ March 2019. The election in Osun, and the one that came earlier in July 2018 in Ekiti state were both seen as dress rehearsals, and indeed a test for the Independent National Electoral Commission (INEC), the security agencies and all the institutions and stakeholders involved in the election management process. The Osun Gubernatorial election was held on September 22, 2018. The Electoral Commission declared the election inconclusive in seven polling units across four council areas in the state, and a re-run in those areas was scheduled for September 27, 2018: one polling unit in Oyere in Ife-North, one polling unit in Olode in Ife-South, one polling unit in Osi, Ife South, three polling units in Orolu, Kajola LGA, and one polling unit in Osogbo. After the re-run, Oyetola was declared winner with a total number of 255, 505 votes while Senator Ademola Adeleke of the Peoples Democratic Party (PDP) got 255, 023 votes. There were protests. The Peoples Democratic Party kicked. The Coalition of Political Parties (CUPP) cried blue murder. Local and international observers reported that there had been a foul play. This was for a reason: in the original election of September 22, 2018, Ademola Adeleke of the PDP had won the election with 353 votes: 254, 698 votes against Oyetola’s 254, 345 votes. The total vote in the seven polling units that decided the final outcome in the re-run was a mere 2, 637 votes. The PDP therefore insisted that its candidate had been robbed, and that the election had been manipulated to favour the candidate of the All Progressives Congress (APC). Many observers focused on the role of Senator Iyiola Omisore, former chieftain of the PDP who became gubernatorial candidate of the Social Democratic Party (SDP). He came third in the September 22 election. He was accused of selling out to the All Progressives Congress (APC) whose chieftains visited him and reportedly cut a deal with him ahead of the September 27 re-run. For record purposes, PDP leaders led by Senator Bukola Saraki also visited Omisore. Three of the contested polling units were in Omisore’s constituency: Ife North and Ife South. Omisore became the beautiful bride of the re-run, and with him leaning t6owards the APC, the calculations favoured the APC. The PDP lost out. In the end, the PDP dismissed the Osun election and its outcome as “a black day” for Nigeria. The party went to the Election Petition Tribunal. Its candidate also insisted before the Tribunal that he was the rightful winner of the Gubernatorial election in Osun State. He dismissed the result announced by INEC as a “419 result” that should not be allowed to stand. The APC through its spokespersons enjoined the people of Osun State to ignore the ranting of losers. The dispute went from the Tribunal, to the Appeal Court, all the way to the Supreme Court. At the level of the Election Petitions Tribunal, Ademola Adeleke of the PDP was declared winner. The three-man panel voted 2-1, to dismiss the September 27, 2018 re-run, supplementary, election as illegal. The Tribunal ruled that Adeleke won the election at the first ballot on September 22, 2018, and hence, the declaration of Oyetola as winner was “null and void.” Oyetola and the APC naturally appealed the Tribunal’s judgement. What followed was tha the Appeal Court ruled in their favour resolving 10 out of the 12 issues
Oyetola raised on appeal, in favour of Oyetola. The five-man panel voted 4-1 with Justice George Ita Mbaba dissenting. The legal contestation did not end here. It continued at the Supreme Court. On Friday, July 5, 2019, the Supreme Court ruled in a split decision of 5-2 that the proceedings and the majority judgment of the Osun State Election Petition Tribunal could not stand. Thus, five Justices of the Supreme Court affirmed the decision of the Appeal Court in the matter and nullified the decision of the Tribunal. Oyetola’s election was thus validated. Aggrieved PDP politicians argued that Gboyega Oyetola was helped by the power of APC incumbency at both state and Federal levels, and that the Osun election had been manipulated from the polls to the courts. There were also two other theories: one, that Oyetola was chosen as Rauf Aregbesola’s successor based on an internal arrangement between him and APC leader, Bola Tinubu and two, that Oyetola is Tinubu’s relation who was installed to sustain and re-affirm Tinubu’s influence in his “alleged original homestead”. In politics, there is never a shortage of conspiracy theories. But in an unusual show of magnanimity, Senator Ademola Adeleke, the PDP Gubernatorial candidate, promptly congratulated Governor Gboyega Oyetola on his victory at the Supreme Court. He said he accepted the ruling of the Supreme Court, “no matter his misgivings” because for him, the election was “never a do-or-die affair”. Good point. While the litigation lasted, Governor Gboyega Oyetola ran what could at best be described as an “interim government.” He was Governor of Osun state for 10 months with just a handful of supervisors – seven actually- and a few aides. It was only on September 24, 2019, two months after the validation of his mandate by the Supreme Court that he sent a list of commissioner-designates and special advisers to the Osun State House of Assembly as Governor. My preliminary comment is that there are many lessons to be learnt from the debacle of the Osun State Gubernatorial election of 2018 and the emergence of Governor Oyetola as de facto and de jure Governor of the State. Osun State was meant to be the dress and technical rehearsal for the 2019 general elections in Nigeria, but ironically, it is from this same Osun State that we have seen the most notable demonstration of civility, common sense and maturity in the management of electoral crisis. The leadership of the two major political parties in the state - APC and PDP, against local and external promptings, refused the temptation to escalate the political differences in the state. Adeleke displayed maturity. Oyetola of the APC has been calm and level headed through the
storm. They have both shown us that whereas elections may lead to a storm, it is the survival of the state and the people’s welfare that is supreme. Other elections have been held since the Osun election of 2018 and we have all seen on graphic display, the greed and madness of the political elite. Osun despite all negative predictions, remains stable and peaceful. As Gboyega Oyetola celebrates his one year in office tomorrow, and his survival of the travails of his emergence, it seems to me that he deserves a round of applause. Let me state that I don’t have a dog in Osun politics, what the people of Osun state do to themselves cannot in any way affect the price of a cup of garri (cassava flakes) in my own state of origin. I am a completely neutral observer, taking us back to the roots of the 2019 electoral process and what became of our expectations in the case of Osun under review, for us to look back, remember, reflect and ask the question: how far? When political gladiators fight, it is the people that suffer. Whatever happened in Osun state in 2018, is not even anything close to what we have witnessed in the Gubernatorial elections in Rivers, Zamfara, Kano, Kogi and Bayelsa states and it is the people who are waiting to suffer. What I see in Osun is the attempt by the Governor to make up for the delay and the crisis that attended the process of his emergence. From functioning as an interim, cautious leader, he has since the Supreme Court verdict crawled out of his shell. The appointment of Commissioners and Special advisers is one indication of his determination to set sail. But perhaps the biggest and loudest demonstration of his vision, ambition and focus is the Osun Economic and Investment Summit, 2019, which held in Osogbo, the state capital, November 19 -21, 2019, that is last week, and just a week ahead of Oyetola’s one year in office. The event was originally scheduled for June 25 to 27, 2019 to be declared open by the Vice President of Nigeria, Professor Yemi Osinbajo, but it was then postponed, I guess understandably. At the originally scheduled time, Oyetola had unresolved matters before the court, challenging his status. As at July 5 2019, his position as de jure Governor had already been confirmed. His decision to hold the Osun Economic Investment Summit, November 19 – 21, was in a sense an affirmation of his confidence in his status. If anyone was in any doubt about Oyetola’s mission, he has now made it very clear what that mission is. The Osun Economic Investment Summit is meant “to promote investment in identified sectors to guarantee continuous growth of the state’s economy: youth employment, food security, agricultural development, tourism, and the state’s mining prospects.” The theme of the summit is “pathway to economic growth for the state of Osun 2019.” It was a well attended Summit and by all accounts, it was successful. But note this: Osun state is one of the poorest states in Nigeria. Its close to five million people are mired in poverty because over the years, let’s say since 1999, successive administrations have taken advantage of the people. They reduced Osun state to a civil servant state, relying on hand-outs from the Federation Account. Oyetola is the fourth civilian Governor of the state since 1999. Before him, Chief Bisi Akande ran the state with moral authority. Olagunsoye Oyinlola had the right connections and influence. Comrade Rauf Aregbesola brought into play a socialist philosophy but he ended up being the most anti-worker Governor in Osun State since inception. Oyetola served as Aregbesola’s Chief of Staff. With his Economic and Investment Summit and road map, he asserts his independent economic philosophy. Nonetheless, he has to manage it carefully.
Osun is one of the most resourced states in the South West. It is an agro-based economy turned into a civil servant state. It is also the foremost cultural hub in the South West region of Nigeria. Osun State is the home of the cultural majesty of the Ooni of Ife, the Alaafin of Oyo and some of the foremost Obas in Yorubaland. A substantial heritage of the Yoruba Empire sits in Osun State. It is the cradle of the Yorubas. Osun State is also the home of the University of Ife, later named after the Yoruba icon, legend and spirit, Chief Obafemi Awolowo. Most Yoruba communities, local and diaspora, also trace their ancestry and roots to Osun State. The most significant tourism sites in the South West are situated in Osun State. Osun state alone boasts of 78 annual festivals and 65 tourism sites. Osun is better resourced culturally and tourism-wise than Dubai, Hong Kong and Seychelles. It has a population of close to five million. But unlike Dubai, Osun State till date has not explored its potentials. Everyone knows about the Osun Oshogbo festival and the cultural strength of Osun State. But Osun state’s tourism potential has so far been organized as events, not as economic opportunities. In fact, some of the leading artistes in Nigeria are from Osun State: Nike, Duro Ladipo, and Wale Ogunyemi of blessed memory, Muraina Oyelami, and a long list of actors and artistes. Osun state is the cultural epicenter of Yorubaland. Ironically, it is also the crossroads of tradition and modernity: Osun State has the largest collection of pastors, prophets and prophetesses in Nigeria. Osun state is also agro-based. Its people are primarily farmers and they are hard-working and productive. But the obsession with petro-dollar by the 70s made every Nigerian lazy. By the late 70s, the people of Osun State, like others in the Western region who used to survive and progress on the basis of the wealth and sweat of their own region in the 60s, began to depend on the extractive products of the Niger Delta region. They stopped farming. They abandoned their comparative advantage. Oyetola wants to change that. He wants to turn around the economy of Osun State. Osun State has gold deposits and an overlooked mining economy. The Odutola Brothers of Ijebu Ode started their business empire as gold miners in Ilesa which is part of the present Osun state. As the biographer of one (opportunity provided by Baba Obasanjo) and “son/friend of the other”, I am in a positon to say that Osun state had been a viable state long before Oyetola was born. His attempt to revive the state’ s potential through economy and investment deserves support and encouragement. His focus on tourism and agriculture is brilliant. As he celebrates his one year in office tomorrow, he should move beyond the politics of his emergence, and focus on making life better for the people of Osun State. So far, he has put his hands on a good thing. He must realize however that there are other issues of urgent consideration. He must work with the Federal Government to ensure the right enabling environment. The road to Osun state, from every direction, is in very bad shape. Whoever wants to invest in Osun State should have stress-free access. The roads, in and out, must be motorable. The security of lives must also be guaranteed. Late-coming to events in Osun State must be abolished as state policy. He is allowed to dance and wine tomorrow, but the morning after, let him remember his many promises to the people who earnestly hope that he would do better than those who came before him. The Osun Economic Investment Summit should not be a jamboree or another event: it should be a new beginning for Osun state in all the identified sectors: from mining to agriculture to ICT and tourism, and if I may add- governance!
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