TUESDAY 28TH JANUARY 2020

CBN Pumps $9.98bn into Forex Market in Q4 Federally-collected revenue drops to N2.6tn Obinna Chima The Central Bank of Nigeria (CBN) sold a total of $9.98 billion to authorised foreign exchange dealers in the fourth

quarter of 2019. The data, extracted from the central bank’s economic report for the fourth quarter of 2019, obtained on its website yesterday, showed that the

amount represented a decline by 0.4 per cent compared with the $10.020 billion recorded in the third quarter of 2019. The development, relative to the preceding quarter, was

attributed mainly, to the decline in forex sales to the Bureau De Change (BDCS), interbank, swaps transactions and wholesale forwards in the review quarter.

Of the total, foreign exchange sales to BDCs, interbank, swaps, secondary market intervention sales (SMIS) intervention and wholesale forward intervention

fell by 11.2 per cent, 10.1 per cent, eight per cent, 3.5 per cent and 2.3 per cent to $0.40 billion, $1.65 billion, $1.24 Continued on page 8

Again, Buhari Condemns Violence as Gunmen Kill 14 in Plateau... Page 5 Tuesday 28 January, 2020 Vol 25. No 9059. Price: N250

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Oyo LG Crisis Escalates

Police sue for peace

Kemi Olaitan in Ibadan

TEAM LEADER... L-R: Political Officer, South West Region, US Consulate, Ms. Jillian Itharat; former Ogun State governor, Senator Ibikunle Amosun; and Consular General, Ms. Claire Pierangelo, during an interaction with the former governor…recently

The police yesterday called for calm as the crisis over the removal of local government chairmen in Oyo State festered with the council helmsmen’s defiant return to work. The state command Police Commissioner, Mr. Shina Olukolu, appealed to all the stakeholders involved in the Continued on page 8

Nigeria’s Security System Not Working Efficiently, Says Senate President Calls for executive, legislative collaboration to overhaul network Amotekun operatives to enjoy new minimum wage No arms for new security outfit, says DAWN commission Deji Elumoye in Abuja and Ejiofor Alike in Lagos President of the Senate, Dr. Ahmad Lawan, yesterday reviewed the security situation in the country and concluded that the current system had been inefficient and ineffective. He called for collaboration between the executive and the

legislature to rejig the nation’s security architecture to make it more responsive to the needs of Nigerians whose lives and property have become increasingly endangered in recent times. "Apparently, the system has not been working efficiently Continued on page 8

BRAND OF THE DECADE... L-R: Managing Director, Nigerian Ports Authority, Ms. Hadiza Bala Usman (left), and Executive Vice Chairman, Globacom, Mrs. Bella Disu, during the presentation of THISDAY Brand of the Decade award (people’s choice) to the mobile telephone company at the newspaper of record’s Silver Jubilee celebrations in Lagos...recently

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

Again, Buhari Condemns Violence as Gunmen Kill 15 in Plateau

Omololu Ogunmade in Abuja and Seriki Adinoyi in Jos

President Muhammadu Buhari yesterday condemned gunmen attack on a village in Plateau State, where 15 lives were lost. The gunmen, suspected to be herdsmen, attacked Kwatas village in Bokkos Local Government Area of the state. The attack came barely two weeks after a similar incident on Kunben village in Mangu Local Government Area, in which 12 people were killed. The president, in a statement, said terrorism, banditry, kidnapping and associated crimes would be defeated. “In Plateau State, gunmen launched yet another bloody attack, killing innocent citizens. This shocking and sad incident should be condemned by all citizens,’’ he said. Buhari, according to a statement by a presidential spokesman, Malam Garba Shehu, reiterated that “revenge, hatred and violent attacks should have no place in a multi-ethnic, multicultural and multi-religious society as we have in this country.’’ The president appealed to community and religious leaders to counsel the youths on the need

for peaceful co-existence. Buhari sent condolences to families of the victims, government and people of Plateau State, urging security agencies on assignment in the state to rediscover their act and stop, forthwith, the return of the ugly days of tit-for-tat. Giving details of the attack, a resident of Kwatas, who simply identified himself as Mr. Malau, told THISDAY on the phone that the incident, which occurred on Sunday night, claimed 13 lives on the spot while two other persons, who was injured, died at the hospital. He added that scores of other injured persons were in critical conditions in the hospital. Malau called for help for the people who are overwhelmed by calamities. He said while the youths were still protesting the abduction and killings of their kinsmen by Boko Haram, more killings were being perpetrated in the state by suspected herdsmen. Confirming the attack, Police Public Relations Officer (PPRO) in the state, Mr. Ubah Ogaba, said the command received report that unknown gunmen suspected to be herdsmen, attacked Kwatas village.

He added that 15 persons lost their lives while five persons were critically injured and receiving treatment at General Hospital, Bokkos. “Immediately the command received the information, the Commissioner of Police Plateau State command, CP Isaac Akinmoyede, deployed detectives, conventional policemen and PMF (Police Mobile Force) personnel to the area with the directive to restore peace and effect arrest of the perpetrators. “Meanwhile, the command is soliciting for vital information that

will aid the police in arresting whosoever is involved in the attack to face the wrath of the law. The command is urging the good people of Bokkos LGA to remain calm and continue with their lawful businesses as the security men are on the ground to restore peace,� he stated. Condemning the attack, Governor Simon Lalong described it as yet another attempt by criminals who did not mean well for the state to take it back to the dark days of insecurity that it had been substantially overcome.

The governor, while commiserating with victims and their families, directed security agencies to arrest the killers and prosecute them as the state will no longer tolerate such wanton loss of lives. In a statement issued by his Director of Press, Dr. Simon Macham, the governor said: “My heart again bleeds by this tragedy as lives of innocent citizens are cut short for no reason. Security agencies must go after those who are behind these attacks and their sponsors so they can face the law and be taught a lesson. We

do not need another circle of bloodshed in Plateau State as all well-meaning citizens have committed to peaceful coexistence and tolerance. My administration will not allow anyone, no matter how highly placed to jeopardise this peace.� He restated his determination to work with the federal government and other stakeholders in strengthening community policing architecture in the state with robust intelligence gathering and early intervention to forestall re-occurrence.

Court to Decide Adoke’s Bail Application Thursday Alex Enumah in Abuja Justice Abubakar Kutigi of an Abuja High Court, sitting in Gwagwalada area of Abuja, yesterday adjourned till Thursday, January 30, to decide whether or not to grant bail to former Attorney-General of the Federation (AGF) and Minister of Justice, Mr. Mohammed Adoke (SAN), and two others facing corruption charges in the Malabu oil deal. Justice Kutigi fixed the date for ruling shortly after lawyers to parties in the suit addressed him on reasons why bail should or should not be granted the defendants. Adoke and his co-defendants were last Thursday formally arraigned before Justice Kutigi on a 42-count charge of fraud, criminal breach of trust amongst others. In the charge with number CR/151/2020, the federal government is alleging that Adoke and other respondents received gratification to carry out a fraudulent oil deal. The others are: Mr. Aliu Abubakar, Rasky Gbinigie, Malabu Oil and Gas Limited, Nigeria Agip Exploration Limited, Shell Ultra Deep Limited and Shell Nigeria Exploration Production Limited. Adoke was alleged to have in August 2013 in Abuja while serving as a minister knowingly received United State dollars equivalent of N300 million, which is reasonably suspected of having been unlawfully obtained and thereby committed offence punishable under Section 319A of the Penal Code, Cap. 532 Laws of the federation of Nigeria 1990. Another defendant, Mr. Rasky Gbinigie, was accused of conspiring with one Munamuna Seidougha (at large), Amaran Joseph (at large) and Dauzia Etete

(at large), in 2013, in Abuja, to dishonestly use as genuine the forged form CAC 7 and board resolution of Malabu Oil and Gas Limited and the letter of resignation of one Mohammed Sani to open a bank account to receive $401,540,000.00. However, they pleaded not guilty to all the charges. Following their plea of not guilty, prosecution counsel, Mr. Bala Sanga, prayed the court to order the remand of the defendants in a correctional centre, pending the commencement of trial. But counsel to the defendants pleaded with Justice Kutigi to order their remand with the Economic and Financial Crimes Commission (EFCC). The court in granting the request adjourned till yesterday for hearing of the defendants' bail applications. When the matter was called yesterday, counsel to the defendants - Chief Kanu Agabi (SAN), Chief Wole Olanipekun (SAN) and Mr. George Ikoli (SAN), who are counsel to the first, second and third defendants respectively, urged the court to admit their clients to bail because the alleged offences they are accused of are bailable. The defence lawyers, who argued that the defendants are entitled to bail and have also made themselves available to court, however, urged the court to admit the defendants to bail conditions that they would be able to afford. However, Sanga, who is counsel to the EFCC, urged the court to deny the defendants bail because they are all flight risks and it took the prosecution a great deal of time to bring them to court for arraignment. Justice Kutigi, however, said ruling on the bail applications would be delivered on Thursday.

SECOND TERM BEGINS... Kogi State Chief Judge, Justice Nasir Ajanah (left), and Governor Yahaya Bello during the inauguration of Bello for his second term of oďŹƒce in Lokoja...yesterday

PDP to Set up Committee to Review 2019 Elections Urges N’Assembly to amend electoral laws Tambuwal emerges chairman of govs’ forum Chuks Okocha in Abuja The National Executive Committee (NEC) of the Peoples Democratic Party (PDP) is to set up a committee to review the 2019 general election. The review was sequel to a motion by the PDP presidential candidate at the election, Alhaji Atiku Abubakar, at the NEC meeting of the party held yesterday in Abuja. At the meeting, Sokoto State Governor, Alhaji Aminu Tambuwal, was presented as the Chairman of PDP Governors' Forum by the Governor of Oyo State, Mr. Seyi Makinde. Briefing journalists after the meeting, the National Publicity Secretary of party, Mr. Kola Ologbondiyan, said: "A committee has been constituted for the review of 2019 election and what transpired in order to be able to help in the agitation for electoral reforms." According to him, each zone and state will nominate members of the committee that would work with the leadership of the National Working Committee (NWC) of the party for guidance. The PDP spokesperson said the party had also asked its elected lawmakers at the National Assembly to ensure

the amendment to the electoral law in such a way that it will engender free, fair and credible electoral process in the country. He added that the NEC resolved that in line with its guidelines, in all electoral offices whether party offices or electoral offices and in its gender sensitive nature, women should have at least 35 per cent of offices that will be contested for. He said: "The party also expressed concerns about landmines created by the All Progressive Congress to turn our country into a one-party state. Our party also says that no democracy can thrive in a situation where the legislative arm and the judiciary are caged. "Our party believes that there are signs of dictatorship in our nation today and as such, our members in the National Assembly were further charged to ensure that they use their legislative instrument to ensure that our country is not reduced to a dictatorship." He said the PDP had commenced reconciliation of all factions in the party, particularly with Edo State. On the clamour for the party to change its name, the NEC said: "The party insists that the PDP brand is still the best in the

political firmament of our nation and as such, those canvassing for the change of name for our party should forget it because we remain the Peoples Democratic Party." Earlier, the National Chairman of PDP, Prince Uche Secondus, had accused the executive arm of government of pushing Nigeria towards dictatorship with the subdue of both the National Assembly and the judiciary. Meanwhile, Tambuwal has emerged as chairman of PDP Governors' Forum. He succeeds his Bayelsa State counterpart, Mr. Seriake Dickson, whose tenure as governor ends in February. In his acceptance speech, an elated Tambuwal commended his colleagues for the honour done him by unanimously electing him as chairman. He also gave an account of how the various rallies by the party saved the governors at the Supreme Court. "Let me start by thanking God Almighty for not only sparing our lives to witness today's 88th NEC meeting in good health but also for his favour and mercy on all of us and particularly the responsibility vested on me by my colleagues, members of the PDP Governors’ Forum to step

into the shoes of my brother, Governor Seriake Dickson of Bayelsa State, soon after his term of office," he said. He assured his colleagues of transparent leadership, saying, "I assure you my brothers and indeed the party that by the grace of God, we shall work together to continue to strengthen our party and deepen democracy in Nigeria." The former speaker of the House of Representatives, who spoke of the experiences of the PDP governors before the various tribunals and the apex court, said: "Let me thank our party members, especially those at the grassroots level for your support, cooperation and encouragement when last week we went through a very harrowing and challenging experiences at the tribunal and in particular, at the Supreme Court." According to him, some people were hell-bent on making Nigeria a one-party state. "Your support through the press statements, through interventions and the rallies held across the country helped in ensuring that what was masterminded by some losers hell bent on making Nigeria a one-party state was stopped and I assure you that your support will not be in vain," he said.

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Buhari Positioned to Build Stronger Economy, Says Middle East Newspaper Omololu Ogunmade in Abuja A Middle East newspaper’s reviews have said President Muhammadu Buhari is better positioned to build the strongest economy on the

African continent with the ongoing multiple reforms in Nigeria, the Presidency has said. “President Buhari, as head of state, began to rebuild the country’s social, political

Visa Ban will Affect Vulnerable People in Nigeria, FG Tells US The federal government has said the speculated plan by the US to add Nigeria to its existing list of visa travel ban countries is ill-conceived. The Minister of Information and Culture, Alhaji Lai Mohammed, stated this yesterday in London during an interview session with Reuters News Agency. News Agency of Nigeria (NAN) reported that the minister is in London to officially engage with international media and other think tanks. According to Mohammed, although the report is speculative, if it turns out to be true the government will respond comprehensively. “On the issue of the travel ban, our position is that it is still speculative because we are yet to be communicated. When we are communicated we will respond comprehensively.

“However, in our view, it was not well thought out but based largely on negative narratives spread by naysayers. “I know that we are working very well with our neighbours to ensure that terrorism is addressed. We are working with international community including the EU and the US. “Our advice to the US is that it should have a rethink on the issue because any travel ban is bound to affect investment and growth in the country and those who will be affected are the most vulnerable people in Nigeria,� he said. It was recently reported that the Donald Trump’s administration planned to add Belarus, Eritrea, Kyrgyzstan, Myanmar, Nigeria, Sudan and Tanzania to its existing list of US visa travel ban countries.

and economic systems, along with the reality of austerity economic conditions. Reconstruction included the removal or reduction of excesses in national spending, total elimination of corruption resulting from the country’s social ethics, or shift from primarily employing the public sector to self-employment,’’ Amwal, a Qatari business news website said. Presidential spokesman, Malam Garba Shehu, in a statement, said the medium, in an article titled, “During The ‘Buhari’ Era‌Will Nigeria Become the Strongest Economy in Africa?," said the president's “integrity, and discipline, and his fame for strict measures against political corruption within

the armed forces and civil institutions,’’ will fuel the effort to reverse the “oil curse’’, which had pervaded the continent since 1958. According to the review, Buhari had worked to diversify the tributaries of the Nigerian economy, attracted foreign investment, reallocated resources, developed the structure of exports and imports by expanding manufacturing operations and exporting manufactured products, instead of continuing to export cheap materials. It also said by rejecting the proposal of the International Monetary Fund, calling for devaluation of the naira by 60 per cent, the review said the president took a right decision to stimulate

and buoy the economy, including encouraging import substitution with local materials. “Today, Nigeria has a good economic situation. In July 2018, the IMF issued a list of the strongest African economies, in which Nigeria ranked first with a total of 376.3 billion dollars of oil production annually, ahead of Saudi Arabia, whose oil production stands at the index of 349.3 billion dollars,’’ Amwal added. The statement said the review also considered Nigeria’s 1.93 per cent Gross Domestic Product (GDP) growth in 2018, and a 2.28 per cent growth in the fourth quarter of 2019. The presidency also said in another article titled,

“President Buhari‌The Link Between Nigeria and the World,’’ a Bahrain based business news website, Al Watan Al Arabi, claimed that “within 20 months as head of state in the first terms, about 500 politicians, government officials and businessmen were under interrogation for corruption. The detainees were released after government sums were collected back and they agreed to meet Nigerian government terms.’’ It also said the news sites disclosed that the Nigerian president had maintained a balanced foreign policy, especially as he wanted to win the support of the United States of America and the West in general through his objective of defeating Boko Haram.

Court Sentences OLIMPOTIC MERISTEMASIS AT THE VILLA... Sanda to Death for Killing Husband Ayade Disclaims Trial of Jalingo Cross River State Governor, Prof. Ben Ayade (left), and President Muhammadu Buhari during the governor’s visit to the president at the State House, Abuja...yesterday

Alex Enumah in Abuja

Justice Yusuf Halilu of an Abuja High Court yesterday sentenced Mrs. Maryam Sanda to death by hanging for the murder of her husband, Mr. Bilyaminu Bello. Justice Halilu handed down the maximum sentence after he found Sanda guilty of the murder charge filed against her by the federal government. Sanda was alleged to have killed Bello on November 19, 2017, through multiple stabbing and was arraigned alongside three other persons. Delivering judgment in the suit, the trial judge held that there was circumstantial evidence coupled with her testimony and statement to the police that she "fatally" stabbed her husband to death. Justice Halilu, however, held that she should be remanded in Suleja Correctional Centre till she exhausts her right of appeal. The late Bello is said to be a son of a former National Chairman of the Peoples Democratic Party (PDP), Alhaji Haliru Bello. Sanda, a mother of two,

her mother and other relatives broke down in tears immediately the judge pronounced his verdict. Her mother, who was occupying a back seat, sped out of the court as she wept. Sanda, while crying, rushed out of the courtroom, which was next to the dock but the judge ordered that she should be brought back to the courtroom. In the middle of the confusion, the defence lawyer attempted to make a plea for allocutus (plea for mercy) but the judge said he needed to rise for the courtroom to be restored to normalcy. The judge said he would return to deliver the sentence after some minutes. When the judge returned from the break, he said there would be no room for allocutus. He said the offence was based on Section 221 of the Penal Code. "It has been said that thou shall not kill. Whoever kills in cold blood shall die in cold blood," the judge said. "Maryam Sanda should reap what she has sown," he said, adding: "It is blood for blood."

Says FG trying journalist for treason Omololu Ogunmade in Abuja Cross River State Governor, Prof. Ben Ayade, yesterday denied being responsible for the trial of a journalist and activist, Mr. Agba Jalingo. According to him, Jalingo is being tried for treason by the federal government and not the state. Jalingo was arrested in Lagos on August 22, 2019 following an earlier report in his medium, Cross River Watch, on July 12 last year, accusing Ayade of corruption. He was charged to court on August 30, 2019 over "various malicious publications," as well as a two-count charge of terrorism bordering on alleged plans to work with cult members and commit acts of terrorism to unseat Ayade. But speaking with journalists at the State House, Abuja after a

meeting with President Muhammadu Buhari, Ayade said Jalingo as the Chairman of African Action Congress (AAC) in Cross River State, was part of the #RevolutionNow protest called by AAC presidential candidate at the February 23, 2019 presidential election, Omoyele Sowore. Ayade, who described Jalingo as not just a journalist but also his friend and brother whom he had close relationship with and had helped tremendously, added that Jalingo opted to blackmail him with his corruption allegations because he could not accede to his request only once. He said: "On his Facebook page, he sent pictures where he was being teargassed at the revolution march in Lagos. His own pictures, posted by himself and when Sowore was being arrested, he went back to his Facebook to post that 'the revolution has just started.

We will continue this battle until revolution works.' He admitted this in court. "In court, it is federal government versus Agba Jalingo, not Cross River State. The same Agba Jalingo who is in jail, I sent him money. I called my chief press secretary and others and said that journalists will not understand that Agba Jalingo is the state chairman of Sowore's party. From the time he moved into politics, he became a politician. "You are seeing him as a journalist, but he's not. He's the chairman of Sowore's party in Cross River State. So, he's a politician. He has a primary calling, which is journalism. Please ask Agba Jalingo, that Cross River Watch, the first person to give him money to set up the office, was myself.� The governor added: "His official vehicle, it was me. I don't have to list all of these. He knows that I have funded and supported him,

but journalism stops where blackmail becomes part of your strategy. Today, you need something, then Ayade is a good man and you start writing all the good things, but if I take my phone and show you our WhatsApp communication, you will call me a godly man. "Today, I need money to set up a computer school. Tomorrow, I need money to feed my birds. The other day, I need to be INNOSON's sole distributor in Cross River State. I did all that. "But when I don't get a thing right, you go to the social media and write something as careless as 'Governor Ayade has taken N500 million to Russia.' You impugned on my father's name, my character, my family name, for just a personal request that I've not met, out of many that I have met. Please for once, put yourselves in my shoes. All I simply did was to stay out of the issue.�

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PAGE EIGHT NIGERIA’S SECURITY SYSTEM NOT WORKING EFFICIENTLY, SAYS SENATE PRESIDENT and effectively and we have to do something,� he told Senate correspondents in Abuja, adding: “This time around there should not be buck passing, we have to be forthright. We have to say it as it is and we have to do it as it is required." He spoke against the backdrop of the worsening security situation in the country and the rift over the establishment of a regional security initiative, Amotekun, by the six governors in the Southwest states to tackle crime in the geopolitical zone. Lawan’s expression of concern at the wanton bloodletting by non-state actors came as more details emerged on how the South-west governors would run Amotekun. It was learnt yesterday that the regional security operatives would be paid the new minimum wage and would also enjoy life insurance and medical entitlements. However, they will not bear arms because they are just community police. Ahmad told the reporters that the Senate would take a definite step on the urgent need to overhaul the security apparatus by engaging the executive on the issue. He called for cooperation among all stakeholders to improve the security situation in the country. He said: “Presently, the story is not good. In many areas we have so much happening that is destabilising our communities and killing of people. "We believe that we owe Nigerians the responsibility to intervene and work together with the executive arm of government,

actually to work together with other tiers of government the states and even the local governments - to ensure that we change the way we approach the security issues in this country.� According to him, the National Assembly will also be interested to know why the security challenges persisted despite steps taken in the recent past to stem the tide. He said the Senate would involve the security agencies so as to know the problem. The president of the Senate stated: "We should engage with the security agencies to find why the deterioration in security in many parts of the country. We have had series of engagement before but the escalation now has made it mandatory that we have to have a definite position as a government because we just cannot play politics with security issues. Lives are stake. "Therefore, the Senate will take a position on how security in the country should be. We believe that the security architecture should be restructured. The present system does not give us the type of outcome that we need. Whether it is the federal, state or local government; even the traditional rulers or others, the most important thing is to secure the lives and property of Nigerians and we would do that." He also spoke on the Senate’s Ad- hoc Committee on Constitution Review and gave an assurance that the committee, which would be constituted before next week, would be headed by Deputy Senate President, Senator Ovie Omo-Agege. He explained: "The committee will be constituted very soon, either this week or next week by

Meanwhile, the operatives of Amotekun are to be paid the new minimum wage and also enjoy life insurance and medical entitlements. The volunteers will, however,

not bear arms because they would be community police. Director General of Development Agenda for Western Nigeria (DAWN) Commission, Mr. Seye Oyeleye, in an interview with Economic Digest, the in-house journal of the commission driving the security initiative, denied the claims that each operative will be paid N13,500 monthly. “There is no state, I can tell you authoritatively, that said it would pay N13,500 to Amotekun. All I know is that the states are the ones recruiting and there is no state that will pay below the minimum wage. Let me even tell you further that those that will be engaged will also be insured by the states. There will be life insurance for each of them. So, life insurance is one of the benefits. Also, there will be medical insurance. Those are some of the things that personnel of Amotekun will enjoy once they are recruited,� he explained. He described the N13,500 pay rumour as a creation of the social media just like the Amotekun logo in public domain depicting two men wearing hunters’ coats and bearing locally-made guns. “That is not the logo of Amotekun. It is just a creation of someone on social media. All these things, we have tried as much as possible to put out the correct narrative from DAWN Commission. And we tell everybody out there that if they need any information on Amotekun, our phone numbers are there. We put them out all the time. If you have anything to verify, call us, we will give you the right information. You can also call special advisers on security in the six states. So, N13,500 is

not true,� he said. On the modus operandi of Amotekun, Oyeleye said the security outfit would be statebased. He, however, added that as a regional outfit, the operatives would operate inter-state. “There is going to be handshakes across the borders. So, they will be operating across the boundaries of the state. That is all I can put out at the moment on the mode of operation. Yes, they will not be carrying arms. Why? It is because they are just community police. Now that our governors have gone over to Abuja to re-engage with the federal government, we are hopeful that each of our vehicles will also have conventional security men with the Amotekun officers. You will find out that the conventional security officers will be the ones carrying ammunition. So that is how it is going to work. But make no mistake about it; all the vehicles are equipped with the state-of-the-art communication gadget so that from any point, they can easily speak with each other,� Oyeleye stated. Reacting to the allegation that Amotekun was set up to confront herdsmen, he said the security outfit would protect all residents, irrespective their ethnicity. According to him, the Western Nigeria Security Network, known as Amotekun, was set up to protect lives and property of anyone living within the Southwest geographical space. “So, I say it all the time that no matter what tribe you belong to, as long as you live within this space, the government must protect you. Don’t forget that Amotekun cannot go and

operate in Edo State or Kwara, or Kogi; they can’t. Their limit is just the six states,� he said. He accused those he described as mischief-makers of spreading the rumours that the outfit was a Yoruba army. “I say it all the time that when someone is being kidnapped, I am not sure the kidnappers will ask whether you are Yoruba, Efik or Ibibio. What they do is to kidnap. So, Amotekun will be covering everybody living within this geographical space. So, it is not against the Fulani; it is not against the Igbo; it is not against the Ijaw and it is not against anyone, except the criminals. Their primary duty is community policing, protecting lives and property of everyone that lives in this geographical space,� he explained. He also debunked the claim by the leader of the Muslim Rights Concern (MURIC), Prof. Ishaq Akintola, that those to be recruited must present birth certificates issued by churches. He noted that Osun State Governor, Alhaji Gboyega Oyetola, had issued a statement, rebuking and rebutting Akintola, saying his allegation was not true. Oyeleye stated that religious politics was not played in Yoruba land as every household has traditional worshippers, Christians and Muslims. “I know of twins from the same parents, one is a Muslim and one is a Christian. We too read the news on the birth certificates and we quickly put out a disclaimer that it is not true. For want of a better word, that is a blatant lie. No one has said go and bring birth certificate from churches,� he added.

common practice by some state governors in dissolving elected local government councils is unconstitutional, null and void.� The Inspector General of Police, Mr. Mohammed Adamu, also directed Olukolu to ensure the reinstatement of the sacked chairmen and councillors. In a statement signed by the Chief Press Secretary to Makinde, Mr. Taiwo Adisa, the government warned the chairmen, saying its position became imperative following the threats of violence by the sacked chairmen and the stay-at-home order issued to all local government workers in the state by the National Union of Local Government Employees (NULGE). But despite warning from the state government that the controversial chairmen should allow the court to determine the dispute, which is now before the Court of Appeal, they resumed yesterday.

Reports from all the 33 local government areas and 35 Local Council Development Areas showed that majority of the chairmen resumed though there were reports of violence in some of the councils. THISDAY learnt that in Oluyole Local Government Area, the Chairman, Prince Ayodeji Abass-Aleshiloye, resumed in his office and held prayer with some of his followers while the same was recorded in other local government areas such as Ibadan South East where Mr. Bimbo Omiyale resumed work. Also, reports from Ibadan East Local Council Development Area, Ogbomoso Central Local Council Development Area, Iseyin Local Government Area, Itesiwaju Local Government Area and Ibarapa Central, indicated that the controversial chairmen resumed their various offices. However, it was gathered that there were pockets of violence

in Ibadan South East Local Government Area, which made Omiyale to leave immediately. Abass-Aleshiloye, who is the state Chairman of the Association of Local Government of Nigeria (ALGON), said he and other members were ready to cooperate with the governor to move the state forward at the grassroots level. While addressing journalists yesterday at ALGON office in Ibadan, the state capital, he added that he and his members had employed all peaceful and legal options to reclaim their mandate eight months after they were sacked. He said their resolve to resume was premised on the Supreme Court judgment, which declared that no governor has the right to unjustly dissolve elected chairmen. Abass-Aleshiloye, who urged local government workers to return to their various offices, called on the people to remain

law abiding and not to panic. He accused the governor of being intransigent on the issue, stressing that local government chairmen who were illegally sacked in Ogun, Ekiti, and Kwara had been returned. According to him, "We have resumed, though NULGE (local government workers) members did not come today. We talked to the people, we held a prayer and we urged people to be law and abiding. Till the time that I left, there was no problem. "But we just heard that there were some hoodlums that are going around to unleash violence on the people. But we assured people that we will be peaceful. By law, I am the Chairman of Oluyole Local Government Area. "I am still compiling the report. We have majority of our people that resumed today, but there are some elements that want to attack us. We have instances in Ekiti, Kwara, Ogun where the sacked chairmen have been returned. Why will Oyo State be different?

manufactured products and the industrial sector fell by 27.3, 15.6 and 2.8 per cent respectively, below the levels in the preceding quarter to $345.86 million, $108.85 million and $402.73 million respectively. “Receipts from the transport sector increased by 33.3 per cent over the level in the preceding quarter to US$0.08 million. The decrease in the non-oil export receipts was driven, majorly, by minerals (processed and unprocessed) and food products including fish, alcoholic and non-alcoholic drinks and other food items,� it added. Also, aggregate foreign exchange inflow into the CBN during the period under review amounted to $13.29 billion, showing an increase of 6.1 per cent over the level in the third quarter of 2019; but it decreased by 15.9 per cent below the level in the corresponding period of 2018. The development, relative to the preceding quarter reflected, mainly, the rise in non-oil receipts. But aggregate outflow from the CBN during the period, according

to the CBN, was $15.57 billion, indicating decrease of 3.9 per cent and 2.7 per cent below the levels in the preceding quarter of 2019 and the corresponding period of 2018, respectively. “The decline in outflow, relative to the preceding quarter reflect ed, mainly, the decline in third party MDAs transfers and interbank utilisation. Overall, foreign exchange flows, through the bank in the review period resulted in a net outflow of US$2.27 billion compared with net outflow of US$3.67 billion and US$0.19 billion in the preceding quarter and the corresponding period of 2018 respectively,� it added. At N2.602 trillion, federallycollected revenue in the fourth quarter of 2019, was lower than the quarterly budget of N3.759 trillion by 30.8 per cent. It also fell by 10.6 per cent compared with the receipt in the preceding quarter. The decline in federally-collected revenue (gross) relative to the quarterly budget was attributed to shortfalls in oil and non-oil revenue, the report stated.

the grace of God because the time is ripe for us to reconstitute the committee so that the members could start to work immediately. We have referred some bills to them already. "Traditionally, everybody knows that since 1999 when the Constitution Review Committee was formed in the National Assembly, in the Senate, the deputy president of the Senate usually heads the committee. We are going to maintain the tradition in the 9th Senate. We have a deputy Senate president, who is vast and an erudite lawyer, who played an important and significant role in the Eighth Assembly as a member of the committee on INEC and constitution review. So, we are good to go by the grace of God." On the recent hike by the federal government in Value Added Tax ((VAT) from five per cent to 7.5 per cent, Lawan said the hike would not affect the average Nigerian. "The 2.5 per cent increment in VAT does not include items that ordinary Nigerians normally use. Many of the items that would now have additional 2.5 per cent are luxury items that ordinary Nigerians don't use. At this point, we need resources to provide basic social amenities that an average Nigerian need," he said.

Amotekun Operatives to Enjoy New Minimum Wage

OYO LG CRISIS ESCALATES administration of LGAs in the state to be circumspect in managing their differing interests. He warned in a statement that nothing should be done to breach the peace. Some of the local government chairmen, who were sacked by Governor Seyi Makinde, had earlier yesterday made good their threat to resume in their respective councils. THISDAY had reported on Monday that 13 states of the federation, including Oyo, were still running local government administration without elected officials despite a judgment of the Supreme Court, which about four years ago expressly forbade them from doing so. Makinde had shortly after his inauguration in May last year, dissolved the chairmen and asked them to hand over to the most senior career officers in their respective councils. The council chairmen

were elected during the May 10, 2019 local government elections conducted during the administration of former Governor Abiola Ajimobi. But the chairmen, who are largely members of the All Progressives Congress (APC), kicked against their sacking by Makinde, elected on the platform of the Peoples Democratic Party (PDP). The furore generated by Makinde’s action prompted the intervention of the AttorneyGeneral of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN), who directed the governor to reinstate the sacked administrators in compliance with the extant Supreme Court judgment. Malami, in a letter dated January 14, 2020, told the governor that in view of the decision of the Supreme Court on the matter that is binding on all the 36 states of the federation, “the

CBN PUMPS $9.98BN INTO FOREX MARKET IN Q4 billion, $0.31 and $3.34 billion respectively. But sales to I&E window and SME intervention rose above their levels in the preceding quarter by 17.7 per cent and 1.0 per cent to $2.62 billion and $0.43 billion, respectively. The report also showed that foreign exchange forwards disbursed at maturity recorded no transaction during the period under review. It stated: “The CBN sustained its interventions at both the Interbank and the BDC segments of the foreign exchange market in the review quarter. Consequently, average exchange rate of the naira vis-Ă -vis the US dollar at the interbank segment, was N306.95/$, representing a depreciation of 0.01 per cent and 0.08 per cent in the preceding quarter and the corresponding period of 2018, respectively. “Also, at the BDC segment, the average exchange rate, depreciated by 0.08 per cent relative to the level in the preceding quarter to N359.42/$, but appreciated by 0.8 per cent relative to the

corresponding period of 2018. “Similarly, at N362.83/$, the average exchange rate at the Investors and Exporters’ (I&E) window depreciated by 0.2 per cent, relative to the level in the preceding quarter, but appreciated by 0.4 per cent, compared with the level in the corresponding period of 2018. “Consequently, the premium between the average inter-bank and BDC rates widened by 0.1 percentage point to 17.1 per cent, relative to the level in the preceding quarter. The premium between the average exchange rates at the Investors and Exporters’ window and the BDC segment also widened by 0.11 percentage point to 0.96 per cent in the review quarter, from 0.85 per cent at the end of the third quarter of 2019.� According to the report, aggregate sectoral foreign exchange utilisation in the fourth quarter of 2019 stood at $11.43 billion, indicating a decrease of 17.4 per cent, below the level at the end of the third quarter of 2019.

It, however, rose by two per cent above the level in the corresponding period of 2018. The invisible sector accounted for the bulk (64.3%) of total foreign exchange disbursed in the review quarter, followed by the industrial sector (15.1%). Others were: manufactured products, 8.3 per cent; minerals and oil, 6.5 per cent; food products, 3.8 per cent; transport, 1.4 per cent; and agricultural sector, 0.6 per cent. “Total non-oil export earnings received through the banks during the review period amounted to $0.96 billion, representing a decrease of 37.8 per cent and 12.7 per cent relative to the levels at the end of the preceding quarter and corresponding period of 2018, respectively. “The development, relative to the preceding quarter’s level, was attributed, largely, to the 86.2 per cent and 65.7 per cent decline in receipts from minerals sector and food products to $52.26 million and $50.53 million, respectively. “Sectoral analysis showed that proceeds from the agricultural,

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TUESDAY JANUARY 28, 2020 ˾ T H I S D AY

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NEWS

Amotekun Not South-west’s Plan to Secede, Says Fayemi Gani Adams: FG should complement outfit Ekiti State Governor, Dr. Kayode Fayemi, has assured that the South-west geopolitical zone has no plans to secede from Nigeria. He said heated arguments generated by the launch of the Western Nigeria Security Network code-named Operation Amotekun were needless. He said the South-west region remains a part of Nigeria and will continue to be committed to a united and indivisible Nigeria. The governor gave the assurance yesterday when he hosted a pan-Yoruba development interest group, the Oodua Progressive Union (OPU) Worldwide who were led to his office by the Aare Ona Kakanfo of Yorubaland, Chief Gani Adams. Adams was in Ado Ekiti to attend the Annual World Conference of the OPU which

was scheduled for Ekiti State. Represented by the Deputy Governor, Otunba Bisi Egbeyemi, Fayemi said nobody should entertain any fear of secession by the South-west over the launch of Amotekun, which he said was meant to protect all Nigerians resident in the region. Fayemi explained that governors in the South-west decided to establish Amotekun to tackle criminal activities like armed robbery, kidnapping, illegal destruction of lives and property and give assurance of safety to all residents. He said: “Amotekun is not political, it was established for the protection of our people and stem the tide of armed robbery, kidnapping, illegal destruction of lives and property. “This is the first time that the region is united on the need to raise a security platform to

complement the existing security agencies to protect the lives and property of our people which is our constitutional duty. “I also want to say that the Southwest is not seceding from Nigeria. ”The southwest zone remains part of Nigeria and it will remain committed to a united and indivisible Nigerian federation.” Speaking on the Amotekun debate, Adams welcomed the

agreement reached between the federal government and governors in the South-west on the security network saying “it is for the progress of the country.” He said: “It is necessary for our governors to have our own security network code-named Amotekun. Life is precious. You don’t politicise the issue of security “Anything that affects Ekiti State affects the entire country

and if Ekiti State is safe, the entire Nigeria is safe. If the Southwest is safe, the entire Nigeria is safe. “So, I think the initiative of Amotekun by the South-west Governors, the President should complement it. He should even add it to their books so that the economic nerve of the nation can be safe in terms of life and property. “We don’t need to continue to

throwing missiles at ourselves in the media and anybody who stands as an antagonist to Amotekun, I will perceive that person in two forms. “One, he has an agenda to destroy our zone or two, he is an agent of criminals. “Definitely, the agreement between the federal government and South-west governors is a welcome development. It is for the progress of the country.”

Yahaya Bello Takes Oath of Office, Appoints Commissioner-nominees Ibrahim Oyewale in Lokoja As Kogi State Governor, Yahaya Bello, took oath of office for the second term, he called on all and sundry, friends and perceived foes to put aside all differences of politics, ideology or affiliation and joined hands with his administration in order to provide the state good governance in his second term in office. Bello, who made the call yesterday in Lokoja shortly after taking the oath of office administered by the state Chief Judge, Justice Nasiru Ajanah, as the fourth governor of the state, assured the people that his second term would bring a revitalised energy in delivering refocused governance, calling on the people to support the government in achieving its ‘laudable programmes’ for state development.

According to Bello, “My primary allegiance as the state governor will remain to Kogi State and its citizens, not to the party or tribe. Everyone is my citizen, and I owe every one the protections and fidelities inherent in the office. Meanwhile, Bello has announced the names of commissioner-nominees, saying their names would be forwarded to the state House Assembly for screen and subsequent confirmation. The commissioner-nominees are Mohammed Sani, Asiwaju Ashiru, Abubakar Ohere, David Akpeh, Joseph Baron, David Oniye, Idris Musa, Wemi Jones, Kingsley Olorunfemi Fanwo, Ozigi Barrister, Abdulnumini Danga, Saka Haruna, Adewale Victor Omofaye, Hajiya Fatimah Aliyu and Gabriel Yunisa Olofu.

61 HEARTY CHEERS...

L-R: Senate Leader, Senator Yahaya Abdullahi, and President of the Senate, Senator Ahmad Lawan, displaying the card presented to the Senate President on his 61st birthday by the Senate Press Corps in Abuja... yesterday JULIUS ATOI./THISDAY IMAGES

Alleged Fraud: Shehu Sani Gets N10m Bail Alex Enumah in Abuja Justice Inyang Ekwo of the Abuja Division of the Federal High Court yesterday admitted former Senator Shehu Sani to bail in the sum of N10 million. Senator Sani who represented Kaduna Central in the last National Assembly was arraigned on a two-count charge bordering on alleged fraud and bribery.

He, however, pleaded not guilty to the charges and his lawyer, Mr. Abdul Ibrahim (SAN), drew the court’s attention to a bail application filed by the defendant. Ruling on the bail, Justice Ekwo held that bail is at the discretion of the court, adding that the prosecution had not provided any strong ground on which the defendant would not be granted bail. He subsequently

admitted the defendant to bail in the sum of N10 million and one surety in like sum. The surety, the court held must have a landed property within the jurisdiction of the court and that the value of the said property must not be less than the bail sum. The registrar of the court, the court held, should inspect the property. The court in addition ordered that Sani should deposit

his international passport with the court and must not travel outside the country without the permission of the court. In the charge filed by the Economic and Financial Crimes Commission (EFCC), the federal government is accusing the former senator of collecting a total of $25,000 from one Sani Dauda on November 20, 2019, under false pretence.

Housewife Stabs Husband to Osinbajo Decries Nigeria’s Failure to Leverage on Biafran Technology Death in Katsina Francis Sardauna in Katsina A 19-year-old housewife, Mrs. Rabi Shamsudeen, has been apprehended by Katsina State Police Command for allegedly stabbing her husband, Shamsudeen, to death at their matrimonial house in Danjanku village of Malumfashi Local Government Area of the state. THISDAY reliably gathered that the wife, who was said to be a businesswoman, stabbed her husband in the stomach, after the duo, had a disagreement at their home yesterday over an unknown issue. This was coming barely 24 hours after Justice Yusufu Halilu of High Court sitting in Abuja sentenced a woman, Maryam Sanda, to death by hanging. She had stabbed her husband, Bilyaminu, to death. A family member, who craved

anonymity, told THISDAY in a telephone interview yesterday that: “We were in the market when somebody called that my brother Shamsudeen has been stabbed to death by his wife. We have never heard of any issue between them.” Confirming the ungodly act to newsmen yesterday, the Public Relations Officer, Katsina State Police Command, SP Gambo Isah, said the suspected has been arrested and investigation was ongoing to ascertain the circumstances surrounding the scenario. He said: “Today (Monday) being the 27 of January, 2020 at about 04:00hrs, we received a report that one Rabi Shamsudeen, female, 19 years from Danjanku village of Malumfashi Local Government Area stabbed with a knife one Shamsudeen Salisu, 25 years of the same address.

Emmanuel Ugwu in Umuahia

Vice President, Prof. Yemi Osinbajo, yesterday lamented the inability of Nigeria to leverage on the engineering and technological ingenuity that emanated from the defunct Republic of Biafra during the civil war. He expressed the regret at a town hall meeting at the National Museum in Umuahia organised by the Ken Nnamani Centre for

Leadership and Development to mark the 50th anniversary of the end of nation’s civil war. The vice president noted that there was an attempt to harness the Biafra technology by establishing the Project Development Agency (PRODA) in Enugu to replicate and improve on the Biafra technological feats exhibited during the war. However, he said, the objective was not achieved, but he did not

explain the reasons why PRODA was allowed to collapse. Osinbajo, who was accompanied to the War Museum by the host governor, Dr Okezie Ikpeazu, Imo State Governor, Senator Hope Uzodinma, and Minister of State for Mines and Steel Development, Mr. Uche Ogah, harped on the need to forge national unity and cohesion. He urged Nigerians “to discard the bitterness of the past

and look forward to a united Nigeria,” adding that “no human relationship is perfect and that the ties that bind us has survived intense disagreements.” In his address, Ikpeazu reminded the federal authorities that many areas in the Southeast zone were subjected to intense bombardments thereby wrecking the infrastructure and caused serious devastation to the environment.

Citing Prevailing Circumstance, Imo PDP Chairman Resigns Amby Uneze inOwerri Imo State Chairman of the Peoples Democratic Party (PDP), Chief Charles Ezekwem, has dumped the party following the controversial Supreme Court judgment which declared Senator Hope Uzodinma of the All Progressives Congress (APC) as the governor of the state.

Recall that earlier, the former National Deputy Auditor of the party, Chief Regis Uwakwe, also from Okigwe had on 14 January, 2020 dumped the party for APC immediately Uzodinma was declared governor by the Supreme Court. Ezekwem cited what he described as prevailing circumstances within the party

as his major reason for quitting the party. In his resignation letter dated January 25, 2020 and personally signed by him and addressed to PDP National Chairman, Uche Secondus, read in part stated: ‘In view of the prevailing circumstances within my party vis-a-vis my present standing as the state

chairman of PDP in Imo State and after due consultation with my family, and with the approval of my supporters, I hereby tender my resignation as Chairman of Imo PDP, also as a member of the party in the ward of Okigwe Local Government Area which has been duly communicated to ward chairman.”

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NEWS

Emefiele: CBN’s Tomato Policy Yielding Positive Results for Economy El-Rufai lauds apex bank’s agric intervention scheme James Emejo in Abuja The Governor of the Central Bank of Nigeria (CBN), Mr. Godwin Emefiele, yesterday said the multi-faceted commodity approach adopted by the bank in its landmark intervention programmes in agriculture, particularly tomato farming had yielded positive outcomes for the growth of the economy. This is coming as Governor of Kaduna State, Mallam Nasir

El-rufai, has also commended the CBN for the various efforts it has so far undertaken to resuscitate key sectors of the economy. He said the commodity champion model introduced in the first quarter of 2019, to stimulate production of tomato and strengthen the end-to-end linkages in the value chain from input supplies to the final consumer, had begun to yield results with the mobilisation

and validation of about 140,848 farmers from various tomato farmers associations across 25 states of the federation. Speaking at the official ground breaking ceremony of Tomato Jos Farming and Processing Limited in Kaduna State, which is owned by a US investor, the CBN governor noted that the

strategy adopted by the apex bank was largely hinged on the twin approaches of out-grower contractual arrangement in the short to medium term, and backward integration in the medium to long term. Nonetheless, the CBN governor, particularly lauded the interest and confidence

which the company’s Managing Director, Mira Mehta had the country, adding that the investment was a testimony of the present administration’s ongoing efforts towards economic transformation as well as ensuring that Nigeria is able to achieve food security. He said the US government

could also be seen as playing a role in Buhari’s quest to ensure that Nigerians produce what they eat. Describing the company as a symbolic project, he praised the ambassador for helping to promote foreign investment in the country by identifying with the company.

Lagos Bans Commercial Motorcyclists in 15 LGs Restricts their operations on 50 highways, bridges The Lagos State Government yesterday wielded the big stick against the menace of commercial motorcycles (Okada) and tricycles (Keke NAPEP), proscribing their operations in six Local Government Areas (LGAs), nine Local Council Development Areas (LCDAs) and 10 major highways across the State with effect from February 1. The state government directed security operatives to embark on a total enforcement of the State’s Transport Sector Reform Law of 2018 to immediately address the chaos and disorderliness created by illegal operations of Okada and tricycle riders in restricted areas. The state government also banned Okada and tricycles from plying 40 bridges and flyovers across the State. The Commissioner for Information and Strategy, Mr. Gbenga Omotoso, who made the announcement at the State House in Alausa, said the measures were taken by the government in

response to “scary figures” of fatal accidents recorded from operations of Okada and tricycles in the state between 2016 and 2019. Omotoso said the lack of regard for the Lagos Traffic Laws by the Okada and tricycle riders had resulted in preventable loss of lives, adding that their impermissible movements on restricted highways had also contributed to traffic jams. He said: “After a robust assessment of the debate on what has been widely referred to as the motorcycle (Okada) and tricycle (Keke) menace, the Lagos State Government and the State Security Council have decided that the security and safety of lives of Lagosians are paramount. “The figures are scary. From 2016 to 2019, there were over 10,000 accidents recorded at the General Hospitals alone. This number excludes unreported cases and those recorded by other hospitals. The total number of deaths from reported cases is over 600 as at date.

Police Arrest Three Herdsmen for Kidnapping in Enugu Three herdsmen said to have been terrorising Enugu State and environs have been arrested by the Enugu State Police Command.The herdsmen were responsible for various high-profile kidnappings in the state. The suspects include Mr. Adamu Mohammed (AKA suleiman) from Taraba State, 25 years; Mr. Musa Ibrahim from Katsina State, 28 years and Mr. Dauda Alhaji from Nasarrawa state, 31 years were arrested on the 18th and 22nd January, this year at their various hideouts in Ebony State. The gang was responsible for the kidnap of a Catholic priest, Rev. Fr. Cyprian Ugwuanyi, the parish priest of St. Paul Catholic Church, Ogbosu Umulokpa in Uzo-Uwani LGA of Enugu State on January 10, 2020 along Ezeagu/Uzo-Uwani road in Olo Village. The kidnap kingpins were also responsible for the kidnap of PDP women leader in Igbo-Etiti LGA,

her son and her driver along Enugu/Ugwogo/Opi/Nsukka road on December 21, 2019 at about 7.30p.m. They were also culpable in the kidnap of Mr. Ejike Ugwuanyi on January 14, 2020 at Obollo Afor and John Okoli, his mother and two sisters at the boundary between Umumba in Ezeagu LGA of Enugu State and Ebenebe village in Anambra State. All their victims have long been rescued and reunited with their families. Parading the suspects at the command’s headquarters in Enugu, the commissioner of police in Enugu State, CP Ahmed Abdurrahman said their arrest was made possible following the veracious pursuit of the suspects. “The command pursued the suspects vigorously to one of their hideouts and recovered a GSM belonging to one of them. We trailed them and arrested them at their various hideouts in Ebonyi State.

WELCOME ON BOARD...

L-R: Head of Service, Lagos State, Mr. Hakeem Muri-Okunola; Deputy Governor of Lagos State, Dr. Obafemi Hamzat; Lagos State Governor, Mr. Babajide Sanwo-Olu; and the new Commissioner for Special Duties, Mr. Paul Bamgbose-Martins, during the swearing in ceremony of the new commissioner at the Lagos House, Ikeja...yesterday KOLA OLASUPO

Police Confirm Abduction of 21 Security Personnel, 25 Corps Members in Akwa Ibom Okon Bassey in Uyo Akwa Ibom State Police Command yesterday confirmed that 21 security personnel and 25 members of the National Youth Service Corps (NYSC) were abducted during the conduct of the January 25 re-run election in Essien Udim Local Government Area of the state. The police, in a statement by its Public Relations Officer,

CSP Nudam Fredric, said 79 suspects have been arrested. He, however, said the police were able to rescue all those abducted and the electoral materials recovered. The public relations officer said the incident happened in ward 10, unit 6 of the local government, adding that the police moved into action following a distress call from the victims.

Fredric alleged that those abducted and the election materials were traced to the residence of Ibanga Akpabio, a cousin to the Minister of the Niger Delta Ministry, Senator Godswill Akpabio. “Acting on a distress call that INEC supervisors and ad-hoc staff, security agents attached to Ward 10, Unit 6 were abducted and the electoral materials seized and diverted

to a premises at Ukana Ikot Ntuen in Essien Udim Local Government Area, later identified as the residence of one Ibanga Akpabio, the DCP in-charge of Operations, Akwa Ibom State Police Command, DCP Auwal Musa Muhammed, swung into action,” he alleged. He said investigations into the matter were in progress and further development would be made public.

Osun Confirms Two Cases of Lassa Fever Yinka Kolawole in Osogbo The Osun State Government has confirmed two cases of Lassa fever in the state. The state Commissioner for Health, Dr. Rafiu Isamotu, and Special Adviser to the Governor on Public Health, Dr. Olasiji Olamiju, made the confirmation yesterday at a press conference held at the state Ministry of Health. Isamotu confirmed that two patients have been affected by the deadly disease.

Those affected, according to the commissioner, are being treated at the Obafemi Awolowo Teaching Hospital, Ile-Ife and Ilesa. He said the issue is being addressed by state government officials. Speaking also, the Adviser to the Governor on Public Health, Olamiju, said despite the confirmed two cases, people of the state should not panic as the state has put protective measures in place to curtain the spread of the deadly disease.

Olasiji said as part of the measures put in place, the state government, through the officials of the ministry of health last Sunday took campaigns to churches in the three senatorial districts of the state, to enlighten the church on its symptoms and how to track the disease. Leading the campaign, the Special Adviser said the sensitisation and awareness campaign was put together to increase the knowledge of members of the public on the scourge of the dreadful disease-

Lassa fever. He urged all the worshippers at Winners Chapel, Christ Apostolic Church, Latona; Celestial Church of Christ in Ayetoro in Osogbo; United Baptist Church in Ede, St Peters Anglican Church, Edunabon; St Paul Anglican Church in Ile-Ife, and some mosques in Osogbo among others to be wary of rats making contacts with raw foodstuff. Olamiju expressed the readiness of the state government to combat the disease.

Three Killed as Fulani, Tiv Farmers Clash in Taraba At least three people were reportedly killed and houses burnt following a bloody clash between Fulani and Tiv farmers in Pangari village of Bali Local Government Area of Taraba State, residents said yesterday. A local resident, Pius Gura, disclosed that a Fulani herder

reportedly invaded a beans farm belonging to a Tiv farmer, Mr. Dooior James, in Pangari village and while the farmer sought compensation, the herder allegedly removed cutlass and killed him. Gura narrated that when the brothers of the Tiv man got

the information, they allegedly mobilised, attacked and killed the Fulani man, which made the situation worse. “On the same day (Sunday), about 6 p.m., the brothers of the Fulani man, who was killed also mobilised and attacked the village of the farmer, killing

one person and setting so many houses ablaze,” Gura said. Confirming the attack, Caretaker Chairman of Bali Local Government Council, Prince Musa Mahmood, said three persons were killed in the unfortunate incident.

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T H I S D AY Ëž Ëœ Í°ÍśËœ Í°ÍŽÍ°ÍŽ

COMMENT

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

BIRTH TOURISM IN UNCLE SAM

Nigeria should take advantage of the ban by making the country habitable, writes Tony Ademiluyi

T

he West has always been very accommodating of Africans. Maybe this is a subtle way of trying to do reparation for the evils of the Trans-Atlantic slave trade and colonialism as well as neo-colonialism which has kept the world’s second largest continent perpetually under developed. The Francophone nations still enjoy cosy relationship with France. Unlike their Asian counterparts, one can become a citizen of any western country either through birth or naturalization which involved long-term residence in the country. The western countries permit dual citizenship and many Africans especially Nigerians find this attractive. The US remains the number one nation where Nigerian women go to for birth tourism because of the fact that it’s the strongest economy in the world. Also it’s the most immigrant friendly nation in the entire globe as she was built on the back of immigrants. Nigerians woke up to the rude shock of the recent cancellation of birth tourism for Nigerian pregnant women. The consular officers abroad were massively empowered to deny these Nigerian women visas. It came as a massive blow as many Nigerians use that route to secure a head start for their newly born babies. Getting the American visa from Nigeria is akin to a camel passing through the eye of a needle and so it is highly advantageous to have your child spared the agony of a visa denial. The passport is also arguably the most powerful in the world as the child when he or she turns 18 can bring his or her entire family to the US even though they didn’t grow up there. Donald Trump has made no pretence about his disdain for uncontrolled immigration and the need to curb both illegal and legal migrations. He once called Nigeria a ‘shit hole’ nation and has raised alarm about the immigrants stealing the jobs meant for the citizens. He has strong allies and supporters from among the conservative white who don’t want the country to turn into a rainbow one anytime soon. The United Kingdom in the 1980’s under the leadership of Margaret Thatcher abolished citizenship at birth and passed a new legislation that the child will have to be resident for at least seven years before he or she can possess the British passport. It is obvious that the next destination will be Canada since the country that is close to the US is in dire need of population as the world’s second largest country by land mass is sparsely populated. They even have a current express entry going on to facilitate the mass movement of people especially those from African and third world nations. Trust Nigerians who can smell opportunity miles away. They will take advantage of the fact that with a Canadian passport, you don’t need a visa to go to over a hundred nations including the US. Were we surprised that even the daughter of

TRUMP’S LATEST ACTION IS A CLEAR TESTIMONY THAT THE WORLD IS GEARING TOWARDS TIGHTER IMMIGRATION CONTROLS

President Buhari, Zahra gave birth to her child in Spain – a country currently going through a serious financial crisis? Anywhere is better than Nigeria seems to be what is resonating on the streets. Nigeria is a clime filled with enormous potential; the only thing that is lacking is good political leadership that can set an agenda for massive development. We badly need local clones of Lee Kuan Yew, Mahathir Mohammed, etc., who can make this sleeping giant leapfrog into the league of advanced nations. The citizens need to be able to effectively hold their leaders to account and should agitate for an effective leadership. The people deserve the kind of leaders they get and it is imperative for them to stop the needless whining and whistling about the good old days which have gone forever and get their hands dirty in ensuring that only the best eleven are allowed into the saddle. This idea of ‘suffer suffer for world enjoy for Heaven’ apologies to Fela Anikulapo-Kuti should stop. We don’t need to die first before enjoying a semblance of Heaven or Paradise. This idea of not wanting to ferociously holding leaders to account even if it means paying the supreme price should stop. What are we afraid of anyway? Won’t we all be lowered six feet below one day? Why the fuss about death if that would bring about the much-needed change that this nation desires? Nations like Singapore, Japan and Malaysia that made great economic developments didn’t get there by their elite fleeing the country on the grounds of birth tourism in Uncle Sam. The citizens got their act together by ensuring that good leadership was allowed to birth and are reaping the fruits now. For how long will we sit aloof and watch our nation being pillaged and destroyed by a ruinous elite? Every disappointment is a blessing and we should take this as a golden opportunity to make our nation more habitable for us. Nigerians have been known to excel all over the globe. The likes of Bayo Ogunlesi, Kase Lawal, Fidelis Oditah, Oba Nsugbe, etc., who were born and bred in Nigeria before their sojourn abroad are clear testimonies to the fact that Nigerians have a lot to offer the world. It is my hope that good leadership would be duly entrenched in my generation so that we would stop being the laughing stock among the comity of nations. Nigeria can be great again if only we can pay the price to make it happens. Trump’s latest action is a clear testimony that the world is gearing towards tighter immigration controls. We have no choice but to make our country work again as this is the only place most of us call home. t"EFNJMVZJ XSPUF GSPN -BHPT BOE FEJUT XXX BGSJDBOCBSE DPN

YEARS AWAY FROM CARAVAN OF GRAINS writes about the death of innocence in the North

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y great-uncle, Ibrahim Dada, whom I grew to know as my paternal grandmother’s oldest brother was already aged, tired, weak and blind in the mid1980s. In 1986/7, he told me he was 16 years blind. He was tall, huge and masculine, even in his old age. I think it was in their family genes because my grandmother was also tall and fair in complexion like her older brother, some even called her Doguwa. During holidays, I would visit him and he regaled me with fascinating tales of his youth, adulthood and even old age. He said in those days, there were neither cars, nor motorcycles or even bicycles. The only means of transportation were donkeys, horses and camels. But donkeys were the most used. His younger brother, Wakili, had many horses and we called him Kaka Mai Doki. After harvest every year, he recounted, they would mount their donkeys with tonnes of grains, millets, maize, groundnuts, beans, sesame seeds, etc., and head west to Kano on a monthlong journey, forming a long caravan of grain merchants. They would spend 14 days from Potiskum to Kano and arrive Kano city on the 14th day where grain dealers were always at hand to receive them. They would sell and use the money to buy clothing and other necessities; it was trade-by-barter. In those days, he told me, there were no armed robberies and violence of whatever form. On their way, wherever the sun sets, they would clear a place and lay their heads for the night. Potiskum is perhaps the only town in Nigeria where five federal roads intersected, to wit: Kano - Potiskum road, Bauchi-Potiskum road, Gombe-Potiskum, Damaturu/Maiduguri-Potiskum road and Gashua-Potiskum road. These roads effectively made it the biggest commercial hub in the entire North east with the largest cattle and

grains markets in West Africa. In Potiskum, we measure wealth by the number of articulated vehicles or trailers that one has. These vehicles transport grains, cows, goats, sheep, etc., to southern Nigeria and the Igbos, in particular, had established flourishing businesses from hotels, bookshops, medical stores, supermarkets, beauty shops and vehicle spare parts. It was a booming town. Sadly, in a blink of an eye, all these were grounded and Potiskum was raped, debased and almost destroyed by the activities of Boko Haram insurgents. The last time I went home was in 2011, the very day the terrorists launched a major and so far deadliest attack on Damaturu, the Yobe State capital, 130 kilometres away, killing over 150 people. The next day, I left and few months after, on a certain Friday afternoon, shortly after the Friday prayers, the insurgents took over major roundabouts, junctions and streets, mounting road blocks and check points. They received applause from ignorant folks who cheered them saying, “Boko Haram, Sai kunyi�, meaning, “Boko Haram, we hail thee�. In return, they responded, “Ku shiga gida zamuyi aikin Allah�, meaning: “Go home we want to do the work of God or Jihad�. These were narrated to me on phone that same day by my uncle, who by a hair’s breadth, survived the massacre of that day. A year later, a senior northern political officer holder who was among leaders that visited former President Goodluck Jonathan specifically to address the insurgency recounted how the former leader accused some northerners of harbouring or supporting Boko Haram and he showed them a security report which captured people jubilating in Potiskum when the terrorists moved in. This, I confirmed to him, truly happened. The rest, they say, is history. From one attack to another, Potiskum became desolate, rendered

barren. People fled for their lives. Those who were lucky escaped while others, including my brother, Ado, some friends and relations were murdered in cold blood through suicide bombings and targeted assassinations. Houses and businesses were destroyed. People were forced to give out their properties, including family and ancestral homes, at give-away prices and those who rushed to buy them thought they had hit jackpots, not knowing that their joy would soon be short-lived as the beasts had no friends or acquaintances -all were and are still enemies so long as you do not subscribe to their perverted and warped version of Islam. Soon, business activities were brought to a halt and poverty conquered the land. The monsters also turned on banks, civil servants, teachers, school children, doctors, nurses, and policemen. Anyone in the military or paramilitary services was an enemy. The rich were targeted and within a while, wealthy people became not only paupers but displaced, some forever. It didn’t take long for those ignorant folks to realise that Boko Haram was and is still nothing but evil. They neither represent Islam nor any of their acts, teachings or doctrines. And soon, mothers would put a call to report their children to the authorities once they suspect and confirm their allegiance and membership of the dreaded sect. This, more than anything, helped in the fight against Boko Haram in our area because the people rejected them and helped the authorities with information. On January 2nd, I once again had a glimpse at Potiskum when I drove through the bypass for a scheduled appointment with His Royal Highness, Mai Tikau, Alhaji Muhammadu Ibn Abubakar Grema Shuwa. I viewed and remembered with nostalgia how peaceful the entire north east was. It made me recall how my great uncle who died in 1999 at over 100 years old, kept recounting how they used to form a large and long caravan whenever they travelled with donkeys to Kano, a distance of 300 kilometres, sleeping in forests and

bushes without losing a needle. As we passed Tike, the largest cattle market in West Africa, which also witnessed horrendous attack by the bloodthirsty terrorists in May 2012, where scores of people were killed, I reminiscenced how in the not distant past, people slept outside in front of their houses with their gates wide open. Sadly, travelling from Maiduguri to Damaturu today is likened to the Liberian jungle during their Civil War or as my brother Bilal described it, “the Gaza Strip, miniature Tora Bora of the post 911 era or a Bermuda Triangle of some sort where people drive in but may not drive out.� Violence has engulfed the entire northern region such that no one and no where is safe. The other day, Mai Potiskum, Alhaji Umaru Bubaram, was attacked in Kaduna, not Potiskum, Damaturu, Maiduguri, Biu or Michika and four of his aides killed. Today, the beautiful history of this place has been shattered and the once peaceful north east and, indeed, the entire north, is the epicentre of mass murder, unprecedented violence and global headquarters of poverty. Destinies have been shattered, families separated, children orphaned, wives widowed, while minors and teenagers are now soldiers of war and executioners of hostages. Sirs Ahmadu Bello, Abubakar Tafawa Balewa and Kashim Ibrahim must be asking, “What has happened to our estate?� These questions would be asked by generations yet unborn. Violent extremism can only be checked if we address its root cause(s). Nowadays, the only regular news in Nigeria is that of abduction, execution and massacres such that life has become so cheap. The horrors we watched in movies or images from the World War II Holocaust, Rwandan genocide, the Liberian and Serra Leone’s civil wars have taken over our land. May the days of our forefathers who ferried grains from Potiskum to Kano return. t)BTTBO XSPUF JO GSPN "CVKB

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T H I S D AY ˾ TUESDAY, JANUARY 28, 2020

EDITORIAL THE ENDLESS INSURGENCY The authorities need to do more to win the war

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he murder last week of a Christian cleric, Rev. Lawan Andimi, by Boko Haram militants is whipping up public outrage and raising serious questions about the counter-insurgency operations. Andimi, chairman of a local chapter of the Christian Association of Nigeria (CAN), was abducted on 3rd January during the attack on Michika local government area in Adamawa State. Three days later, a young man named Ropvil Daciya Dalep, student of University of Maiduguri earlier abducted by the Islamic State West Africa Province, (ISWAP), was executed by a hooded child in a chilling video, the same group that killed 11 Christians on last Christmas day. President Muhammadu Buhari called Andimi’s murder “cruel, inhuman and deliberately provocative.” Indeed, these latest killings have further sowed mistrust and suspicion at all levels, prompting the CAN leadership to declare three days of fasting and prayers for the country in all churches. Rev. Felix Omobude, National President WHY IS OUR MILITARY of the Pentecostal WHICH ENDED THE CIVIL Fellowship of Nigeria WAR IN TWO AND HALF (PFN), said, “We YEARS, ENDED WARS are shocked that the IN LIBERIA AND SIERRA activities of Boko Haram have, of late, LEONE, STRANDED BY A been on the upward RAGTAG COLLECTIVE OF swing, in spite of the UNTRAINED SECTARIAN claims by the federal ZEALOTS? government that the group has been technically defeated.” Similarly, the Muslim Public Affairs Centre (MPAC) has called on the government to intensify efforts and “ensure that our shared future is more positive than our current state.” The worsening state of security was acknowledged last week by the European Parliament which expressed concern that progress had been stalled in the decadelong fight against Boko Haram and its mutant, ISWAP. Many of the roads in Borno, Adamawa and Yobe, even though ringed with military checkpoints, are

Letters to the Editor

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infiltrated by insurgents who kill, maim and abduct at will. On 5th January, the militants with reputation for brutality, blew up Gamboru Ngala bridge in Borno State and killed about 30 people. A few days later, some 17 soldiers were reportedly killed on the Bama-Gwoza highway in two separate confrontations between insurgents and troops. And only last week Wednesday, a terrorist group, Ansaru, attacked the convoy of Emir of Potiskum, Yobe State, Umaru Bubaram, on Kaduna –Zaria road and killed six people. owever, despite their inability to rise to the occasion by containing the violence and mute the growing public disaffection, the army headquarters claimed “tremendous successes across the various theatres of operation.” The Chief of Army Staff, Lt Gen. Tukur Buratai indeed trumpeted “recent decimation of many Boko Haram/ISWAP criminals” and likened their recent “moribund” activities to the kicks of a dying horse. And in apparent response to the EU parliament, the Defence Headquarters said the military had been innovative in handling the security challenges in the country “in the face of conspiracies to deny Nigeria requisite military ware that will enhance the fight against terrorism and insurgency.” We have consistently in this space commended the men and officers of the armed forces for their gallantry and sense of duty, many of whom had made the ultimate sacrifices. But for the military to insist that all is well in the face of the daily carnage in the North east and elsewhere borders on self-deceit. Why are the armed forces asking for and purchasing superior weapons if what they are getting from the battle field are “kicks of a dying horse?” Why should this insurgency last 10 years plus? Even though asymmetrical, why is our military which ended the civil war in two and half years, ended wars in Liberia and Sierra Leone, stranded by a ragtag collective of untrained sectarian zealots? Given what has transpired in recent years in prosecuting the war against Boko Haram and affiliates, something is definitely wrong with our military in terms of doctrine, training, morale and strategic orientation. The earlier they are addressed the better for everyone and the security of the homeland.

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

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

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

THE PINNACLE AND ICPC DEBACLE

anuary 15th, 2020, an invasion was carried out by ICPC through its operators in four pick-up trucks on the headquarters of Pinnacle communications. The operatives were armed and insisted on gaining entry without a valid court order of any kind or a warrant for arrest for anyone. The siege lasted for almost an hour and I was privy to view the CCTV footage of the entire charade. As a Nigerian who believes that we have no other place to call home, incidents such as this truly makes one wonder. How does a law enforcement agency become lawless? How in heavens do we somehow accept that ‘orders from above’ become part of our daily menu of life in a supposed democratic environment? Are we to believe and rightly so that many men and women in positions of serious authority in these organizations are just plain ‘incompetent ‘? I spoke with a lawyer friend who informed me that the present chairman of ICPC is in fact a professor of law. Should this be true, then in a civilized society, one would expect by now, ICPC should have written a letter of apology to the

entire Pinnacle management and staff for this brazen disregard of the law of the land. Several cases are in court as regards the matter between Pinnacle and ICPC, so it smacks of an affront to the justice system when such an offence is committed by either side. Yes I call it an offence because that’s precisely what it is. ICPC can only wash itself clean when an apology is tendered in writing and beyond this, the characters that have the orders to invade be reprimanded seriously within the ranks. It is only then that the chairman will be seen as upright and worthy of his position. People below him just cannot be allowed to operate in this gangster-like manner. Government and or its institutions are not gangs, and not supposed to ever remotely be likened. Under the law, disputes are taken to court and filed as motions for prosecution. Until such cases are determined, nobody, not even the judges in the case can attempt to usurp the law and act outside of its bounds. What was captured on CCTV is exactly what Nigeria doesn’t need for others to see. Just imagine if Pinnacle were at that material time

hosting foreign potential investors to Nigeria? The singular thoughtless and lawless act of some individuals within the ICPC ranks would have put paid to any return of any potential investors. Yet we enact executive orders through the presidency to aid in the easing of business with Nigeria? Someone somewhere within ICPC now carries out all manner of illegal actions to subvert the government’s intentions. What an affront. Nobody is above the law, not Pinnacle or ICPC. Especially ICPC as it is an arm of government and it should be the example of our keeping faith with Nigeria and its institutions. I have chosen to write about this sad and sorry incidence because we must never get tired of helping this nation on the path of truth and justice. For if we are to remain and not flee, then we must be bold enough to call out the less than deserving within our institutions and have them shown the door promptly so that this nation can achieve the growth it dearly needs and deserves. Many of us are watching and seriously so. t:PNJ 4BMBNJ *CBEBO

THE HORSE HAS ALREADY BOLTED

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ihe Chinese have always had a fascination with walls culminating in the ‘Great Wall of China’ to keep the invaders out. They soon realised that walls don’t stop things coming in. Now they have put up another set of walls around a number of cities, initially Wuhan, to stop the disease Coronavirus escaping but again the walls failed. Coronavirus has started to spread, and we see desperate attempts to stop its spread, but the emphasis must be on curing rather than just containing the problem. The modern world moves too fast for walls to work. The real dilemma is to find a solution using the full range of scientific research including vaccinations, often under attack from the ignorant and antibiotics which are starting to fail in many cases because of their overuse. There is a need for massive increases in funding for medical research. Let’s hope there is a solution and that it is found soon. t%FOOJT 'JU[HFSBME .FMCPVSOF "VTUSBMJB

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TUESDAY JANUARY 28, 2020 •T H I S D AY

TUESDAY JANUARY 28, 2020 • T H I S D AY

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T H I S D AY ˾ TUESDAY JANUARY 28, 2020

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POLITICS

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

Imo PDP Sinking Fast in Political Quicksand Nseobong Okon-Ekong and Amby Uneze write that lawmakers in the Imo State House of Assembly may have turned its hallowed chambers to a theatre of comedy by switching political party loyalty at the toss of a coin

Uzodinma

Ihedioha

Nwokeke

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t its inauguration on June 13, 2019, the ninth Imo State House of Assembly (ISHA) had started showing signs that it was in a bad situation. There was a scampering by the lawmakers to the Peoples Democratic Party (PDP), particularly those who did not win their election of the platform of the PDP. The motivation was clearly to identify with the governor of the state, Rt. Hon. Emeka Ihedioha, a member of the PDP. To this end, the original 13 PDP lawmakers were denied some plum position in order to accommodate the interests of those that recently switched political party loyalty and to reflect a zonal spread in the spread of key committee offices in the assembly, along zonal line. The PDP, which won the gubernatorial election, opted to accept as many as were willing to come under its umbrella. With that understanding, Hon. Chiji Collins, who represents Isiala Mbano state constituency who was originally of the All Progressives Grand Alliance (APGA). He defected to the PDP to clinch the speakership which was zoned to his area. Okey Onyekamma, representing Mbatioli state constituency became his deputy. While Ihedioha served as chief executive of the state, PDP had 16 lawmakers, seven members of the ISHA belonged to the Action Alliance (AA) and APGA had two members. The All Progressives Congress (APC) had only one member in the ISHA. However, changing circumstances occasioned by the controversial judgment of the Supreme Court of Nigeria which sacked Ihedioha and installed Senator Hope Uzodinma of the APC as governor of Imo State has given impetus to a new positioning of the political parties in the ISHA. At the resumption of plenary for the year 2020 last Tuesday, some of the legislators, without recourse to their constituents, immediately defected to the APC, apparently to be domiciled in the same political party as the governor. Starting the business on that fateful Tuesday, the Deputy Speaker, Okey Onyekamma representing Mbaitoli State Constituency tendered his resignation as deputy speaker and cited zoning formula as reason for his action. As Speaker Collins Chiji (Isiala Mbano PDP) announced the resignation of his deputy, it was the window of opportunity other lawmakers needed to signify their interest to defect to the ruling party in the state. Reading Onyekamma’s resignation letter dated January 20, 2019, the Speaker disclosed that Onyekamma’s resignation was as a result of convention and zoning which prescribes that the deputy speaker should be from the geo-political zone of the sitting governor. He also announced the defection of nine members of the house from their parties to the APC citing various reasons for their decamping. Four members left the AA; two defected from APGA, while three, who were originally from other parties and came to PDP for convenience also, defected to APC. THISDAY gathered that the reasons for the defection by the lawmakers was not unconnected with the Supreme Court sacking of former governor, Emeka Ihedioha of PDP and replacing him with Hope Uzodinma

Collins

Onyekanma

of APC. Arthur Egwim representing Ideato North defected from the AA, Amarachi Iwuanyanwu from Nwangele defected from the PDP and Chidiebere Ogbunikpa (Okigwe) also from the PDP. The Nkwerre representative, Obinna Okwara defected from the AA, Paul Emeziem from Onuimo left APGA, as well as Ekene Nnodumele of Orsu. Johnson Duru of Ideato South and Ngozi Obiefule of Isu also left the AA while Okoro Syracuse from Ohaji Egbema defected from the PDP. As things stand today, it is difficult to say the exact composition of the ISHA along political party lines. What is clear is that from having just one legislator, the APC is now in contention for the distinction of the party with the majority number of legislators in the 27-member house. The Director General of Imo Liberation Movement, Mr. Emeka Nwokeke, better known as, a leader of one of the groups that championed the election of Ihedioha, would not admit that the wind has been taken out of the sail of the PDP with the defection of legislators elected on its

platform to the APC. He said, “Many things are still hanging. Nothing is certain for now. Anything can still happen. The lawmakers that are purportedly defecting aren’t original PDP members. They were joiners into the party by political exigency when His Excellency, Rt. Hon. Emeka Ihedioha was inaugurated as governor. I am aware that core PDP lawmakers are still in PDP. That’s to say PDP still maintains the majority in the Imo State House of Assembly. Moreover, politics is practice based on freedom of association. It is important to add here that Imo State is a core PDP state since 1998 irrespective of the avoidable incidents that made it lose power in the past. Only defection creates a deficit in the integrity quotient of the politician. For now, though, there’s no cause for alarm or worry yet. From what we hear, those defections were not willful.” The Imo State chapter of the PDP has since described the legislators who left its platform as ‘fair weather members’. The party said that none of the nine lawmakers of the Imo State House of Assembly that changed sides to the APC belonged to the PDP originally.

Arthur Egwim representing Ideato North defected from the AA, Amarachi Iwuanyanwu from Nwangele defected from the PDP and Chidiebere Ogbunikpa (Okigwe) also from the PDP. The Nkwerre representative, Obinna Okwara defected from the AA, Paul Emeziem from Onuimo left APGA, as well as Ekene Nnodumele of Orsu. Johnson Duru of Ideato South and Ngozi Obiefule of Isu also left the AA while Okoro Syracuse from Ohaji Egbema defected from the PDP. As things stand today, it is difficult to say the exact composition of the ISHA along political party lines. What is clear is that from having just one legislator, the APC is now in contention for the distinction of the party with the majority number of legislators in the 27-member house

Anyanwu The state Publicity Secretary of the party, Damian Opara told THISDAY on the phone that all the 13 members that won their elections on the platform of the PDP are intact, including the Deputy Speaker who resigned on the basis that there were plans to impeach him. According to him, “We of the PDP are not surprised that the nine lawmakers who also defected to PDP from their former parties at the beginning of former governor Emeka Ihedioha’s administration last year were the ones that defected to APC.” He said that if at any time PDP members try to defect to another party when the party is not in crisis, the national leadership would come in with the constitution of the party in that regard. Interestingly, none of the deserting lawmakers is from the Owerri zone, where Emeka Ihedioha hails from. The nine constituencies from Owerri zone produced PDP legislators. One of the elders of the APC in Imo State, Chief Longers Anyanwu dismissed the suggestion that money exchanged hands to bring the legislators to the side of the governor. He recounted what happened on the floor of the ISHA on the day the legislators defected. According to him, Uzodinma was simply harvesting his past generosity. “As one of the APC leaders who was on hand to receive the defecting members, I can tell you that the governor never disbursed any fund for that, rather, most of the defecting members openly disclosed to everyone in public how the governor even before he was elected governor used to assist them without expectation and expressed hope that his government will engender an explosion of prosperity in Ìmo state hence their action to defect to the governor’s party, the APC. I look at this allegation that the governor enticed the legislators with money as cheap blackmail and spurious. Money from where? As you may know, the governor has not accessed any official document of the government till date.” Explaining their action, one of the absconding legislators who pleaded anonymity told THISDAY that their action was to restore hope and integrity to the House, adding that there were moves to impeach some officers of the house and in order to assist the new governor, they needed to defect to his party to give him confidence. He also observed that since some of them do not belong to the Speaker’s caucus, as there were two caucuses in the house, they decided to belong to the new governor’s caucus so that they would help him run the state aright. He, however, said that if at any time the Supreme Court reverses itself and brings back Ihedioha, some of them would also go back to their former party. Some pundits who spoke to THISDAY observed that some Nigerian politicians are not worth dying for, as they have a propensity to chase their personal gains instead of representing the best interest of those who elected them to the house. According to them, where lies the tag ‘honourable’, since they cannot stay in the party that elected them for effective representation of their constituents. They urged constituents of the deserting legislators to initiate a process for their recall.

T H I S D AY ˾ TUESDAY JANUARY 28, 2020

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POLITICS

Ayika Continues Quest for Justice Davidson Iriekpen questions the basis on which the Court of Appeal upturned the judgment of the Supreme Court concerning the election of Valentine Ayika, a former member of the House of Representatives representing Njikoka/Dunukofia/Anaocha Federal Constituency of Anambra State

Muhammad

Bulkachuwa

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Court in Appeal No: SC 1330/2018. A few days to general election, precisely on February 11, 2019, the apex court gave its verdict wherein the suit at the trial court, Suit No: FCT/HC/CV/3065/18, was declared incompetent and a nullity for lack of jurisdiction on the part of the trial court. One of the grounds on which the apex court based its decision was that the suit was statue-barred. It also held that since the suit was not filed within the 14 days window required by law, it was incompetent. The verdict of the apex court found further authority in the case of Abubakar V. Nasamu (2012) LPER, 7826, (12) where it defined “nullity in law” as follows: “A nullity in law is a void act, an act which has no legal consequence. A proceeding of which has been declared a nullity is void and without legal effect or consequence whatsoever. It does not confer any legal right whatsoever, or it does not impose any obligation or liability on any one.” The effect of the judgment was that Ayika’s candidature, in law, was not challenged hence it subsisted from the day it was submitted to the INEC to the day the election was conducted. In order words, the apex court affirmed my candidature. In obedience to the apex court’s judgment pursuant to Section 287(1) of the Constitution of the Federal Republic of Nigeria as amended which provides, “The decisions of the Supreme Court shall be enforced in any part of the federation by all authorities and persons, and by courts with subordinate jurisdiction to that of the Supreme Court,” INEC then removed the remark “court order party yet to submit name of candidate” and replaced it with his name. On the list for issuance of certificate of returns, the commission, again, remarked beside his name, “Court Order,” indicating

former member of the House of Representatives representing Njikoka/Dunukofia/Anaocha Federal Constituency of Anambra State, Valentine Ayika, wants to know whether the Court of Appeal can upturn the decision of the Supreme Court? For this reason, he is currently at the Federal High Court in Abuja, to seek an enforcement of the judgment of the apex court in Appeal No: SC 1330/2018 wherein he was declared the candidate of the Peoples Democratic Party (PDP) in the February 23, 2019 general election. He also wants the court to make a declaration that question of his candidacy of the PDP in the election for House of Representatives representing Njikoka/ Dunukofia/Anaocha Federal Constituency of Anambra State has been settled by the Supreme Court in its judgment between the PDP vs Dr. Richard Egenti in Appeal No: SC 1330/2018 delivered on February 11, 2019. Ayika further wants the court to among others, declare that having regards to Section 287(1) of the 1999 Constitution (as amended) which enjoins all persons, authorities, including courts, to obey and enforce the decisions of the Supreme Court that the first respondent (INEC) is bound to enforce the decision of the Supreme Court in Appeal No: SC 1330/2018 delivered on February 11, 2019. The former lawmaker who was sacked from the House of Representatives in controversial circumstances, had contested the primary election for the House to represent Njikoka/Dunukofia/Anaocha Federal Constituency of Anambra State on October 3, 2019. The election was monitored by INEC monitored which issued a report. Further to his victory, his name, together with other candidates for the federal legislature for the 2019 general election, were submitted to the commission on October 18, 2018. One of the aspirants in the primary election, Dr. Richard Egenti, came fourth in the primary. Dissatisfied with the outcome of the primary, the said Egenti sued PDP and INEC at the Federal Capital Territory High Court in Suit No: FCT/HC/CV/3065/18 wherein he claimed to have won the highest number of votes in the primary election. The court ruled in his favour. The PDP then challenged the decision at the Court of Appeal in Abuja in Appeal No: CA/A/1041/2018. The appellate court upheld the judgment of the FCT High Court. When the commission released the names of candidates for the elections on January 17, 2019, no name was published for Njikoka/Dunukofia/Anaocha federal constituency based on the pending suit. It rather remarked “court order party yet to submit name of candidate.” The case finally went to the Supreme

Ayika that his candidature was affirmed by the apex court’s judgment. The commission then proceeded to issuing him with Certificate of Return. Ayika’s victory at the 2019 general election was challenged by the candidate of the All Progressives Grand Alliance (APGA), Ferdinard Dozie Nwankwo, who in the general election, was the first runner-up at the Anambra State Legislative Election Petitions Tribunal sitting in Awka in Petition No: EPT/AN/HR/07/2019 on the same grounds of his candidacy. The APGA candidate contended that he won the election because the PDP did not have a candidate in the election. He added that he won the lawful votes - the same subject matter that the Supreme Court determined before the election. In its judgment, the tribunal ruled in his favour. It held that Ayika was validly nominated and sponsored by his party, the PDP, and that by the Supreme Court judgment in Suit No: SC 1330/2018, the issue of his candidature had been settled finally. Nwankwo then appealed the verdict in Appeal No: CA/E/EAPP/19/2019. But to Ayika’s shock, and against the clear provision of Section 287(1) of the 1999 Constitution as amended, the Court of Appeal in Enugu, with Justice Monica Bongban-Mensem leading Justice Ignatius Igwe Agube and Justice Abubakar Sadiq Umar on November 1, 2019, sacked him from the House of Representatives. They held that the PDP candidate was not a candidate in the election. The justices also referred him to the FCT High Court Suit No: FCT/HC/CV/3065/18, a suit that the Supreme Court had already declared as incompetent and a nullity, hence, had no legal effect whatsoever. They held that he was removed as a candidate by the judgment of the said suit.

Observers are wondering if the Supreme Court having declared the suit at the trial court, Suit No: FCT/HC/CV/3065/18, incompetent and a nullity, if that did not automatically uphold Ayika’s candidacy. They further wondered if the Court of Appeal can come under any guise to nullify his election on the same grounds the Supreme Court based its decision. They equally wondered where the appellate court derives the temerity to detract and deviate from the decision of the Supreme Court?

By the decision of the Court of Appeal in Enugu, INEC is now faced with two conflicting judgments to choose from to wit: the judgment of the Supreme Court affirming his candidature upon which his certificate of return was based or the decision of the Court of Appeal voiding his candidature and demanding the withdrawal of his certificate of return? The decision has therefore raised many eyebrows. Back on the fact in the Nigerian judicial system, the principle of stare decisis, which provides the necessary certainty in the administration of justice has long been established, observers are wondering if the Supreme Court having declared the suit at the trial court, Suit No: FCT/HC/ CV/3065/18, incompetent and a nullity, if that did not automatically uphold Ayika’s candidacy. They further wondered if the Court of Appeal can come under any guise to nullify his election on the same grounds the Supreme Court based its decision. They equally wondered where the appellate court derives the temerity to detract and deviate from the decision of the Supreme Court? The framers of the Constitution, which is over and above all persons and authorities in Nigeria, conscious of the likelihood of conflicting decisions of our courts in the country, granted the power of finality of determination of disputes in the Supreme Court. Section 235 of the Constitution provides that “Without prejudice to the powers of the President or of the Governor of a state with respect to prerogative of mercy, no appeal shall lie to any other body or person from any determination of the Supreme Court.” Observers believe that by the combined effect of the two sections of the Constitution cited above, the issue of Ayika’s candidature at the 2019 general election by the Supreme Court in Suit No: SC 1330/2018 is final. They contended to that effect, the issue cannot be litigated on again or appealed against to any other court in Nigeria. All that is expected of the parties, especially INEC and National Assembly is to enforce the said judgment. This is why the former lawmaker has petitioned to the Speaker of the House of Representatives, Hon. Femi Gbajabiamila. He said it was pertinent to state that his Supreme Court-affirmed candidacy is the authority that his campaign at the general election was founded on. He added that it is also the foundation upon which his Certificate of Return and swearing in as a member of the National Assembly is resting on, stressing that it would amount to outright violation of the provisions of the Constitution, particularly, section 287(1) for anybody or authority to act in any way that is against the effect of the Supreme Court ruling. He further noted that the franchise exercised by the over 55,000 voters that voted for him at the polls should not be wasted.

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TUESDAY JANUARY 28, 2020 •T H I S D AY

TUESDAY JANUARY 28, 2020 • T H I S D AY

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TUESDAY JANUARY 28, 2020 •T H I S D AY

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WEEKLY PULL-OUT

28.01.2020

DID THE SUPREME COURT SHORTCHANGE THE IMO ELECTORATE?

Governor of Imo State, Hope Uzodinma

Chief Justice of Nigeria, Hon. Justice Ibrahim Tanko Muhammad

Former Governor of Imo State, Emeka Ihedioha

2/DASHBOARD

28.01.2020

Unlawful Exclusion of Votes: Documents Required to Establish Same PAGE 4

AFBA President: Government must Shun Selectivity in order to Win Anti-Corruption Fight PAGE 5

Exam Malpractices: Lawyer Asks Court to Stop JAMB, Others, from Probing 20092019 Candidates PAGE 5

QUOTABLES ‘There is no provision in the Constitution, that prohibits the setting up of a security outfit to protect the lives and property of everybody living in Nigeria..... There are Court of Appeal and Supreme Court decisions, that have upheld the right of Governors to maintain law and order in their respective States.’ – Femi Falana, SAN, Human Rights Lawyer and Activist

‘We hope to record more convictions, this year. Last year, the whole of EFCC, we recorded over 1245 or so convictions. That is unprecedented.’ – Ibrahim Magu, Acting Chairman, Economic and Financial Crimes Commission, Nigeria

Lagos Sacks Land Grabbers from Agege Land, Advices Property Owners to Perfect Title Documents PAGE 6

‘Law is 50% Uncommon Common Sense’ PAGE 6

COLUMNISTS 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.

JOY HARRISON-ABIOLA AJoy Harrison-Abiola holds a Bachelor of Arts (BA) degree from Ondo State University and a Master of Business Administration (MBA) from Lagos State University. She is a Fellow of the Institute of Strategic Management Nigeria (ISMN), a member of the Association of Legal Administrators Illinois, and a member of the International Relations Committee (Africa). She is is a leading Legal Management Professional, with over 21 years’ experience as a business professional. She works with Adepetun Caxton- Martins Agbor & Segun- ACAS-Law as the Practice Administrator. “FROM THE BACK OFFICE” explores what law firms need to do, to remain competitive and relevant in today’s business and economic climate, and will also look at ways to re- engineer and awaken the dynamics of the contribution of the Legal Management Professionals; to better position them to provide practical solutions to the challenges facing law business.

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

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Still on Amotekun, et al

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The MACBAN Secretary’s Interview ast Monday, I watched a clip of an interview with the Secretary of the Miyetti Allah Cattle Breeders Association of Nigeria (MACBAN) on Channels Television’s Sunrise Daily, and I was more than disgusted by his utterances. While I’m am ardent believer in freedom of expression as guaranteed by Section 39(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended)(the Constitution), as I listened to him spouting what, sadly, I can only refer to as nonsense, I wondered whether it is wise to give people like him airtime to mislead and inflame the public, especially with the false, baseless, divisive and senseless allegations, which he made against the South West security initiative, Operation Amotekun. The Secretary of MACBAN claimed that, Operation Amotekun is a South West militia, established with the sole purpose of annihilating the Fulani Herdsmen in that territory! So, what should all non- Northern Nigerians say about the Police, Army, Air Force, EFCC, DSS, NSCDC and Ministry of Police Affairs, majority of Nigeria’s security agencies which are headed by Northerners, contrary to Section 14(3) of the Constitution? Should we then conclude that, the Northerners want to annihilate all the other regions in Nigeria? My friend was still re-narrating to me last weekend, her terrible experience on Lagos-Ibadan Expressway, where in broad day light at about 12 noon, Fulani armed men attacked a whole batch of motorists travelling to Ibadan, made them lie down flat on the road, and robbed them. She said one of the robbers threatened to shoot and kill her, if the money he had stolen from her wasn’t the complete amount she had said it was. Should such criminals be left to run amok and terrorise the populace, if the Police is not doing enough to curtail their activities, because the perpetrators may be members of MACBAN or they may be Fulani? Is not offending the sensibilities of MACBAN, more important than the security and lives of the people in the South West? If Mr MACBAN Secretary knows anything about the Yorubas, he should know that they are a very peaceful tribe, even described by the Guinness Book of Records, as the tribe that enjoys partying the most in the world! They must have been pushed to the wall, thereby constraining the South West

Armed Herdsman

Hisbah Police armed with their “Gbongbos”

Governors to launch this initiative. Nigeria is under-policed. In 2017, the former Inspector General of Police, Ibrahim Idris Kpotum, stated that we require an additional 155,000 Police personnel, to meet the desirable ratio of 1 Police man to 400 people. Ignorami While I believe that it is not just demeaning, but a waste of my time and limited space, debating with ignorami who proudly showcase their myopia and tribalism to the world on international media, I am constrained to make a few comments. First is that, the Civilian Joint Task Force (JTF) and (Fulani) Herdsmen bear firearms, while the so-called baton of the Hisbah, can only be referred to as “gbongbos”, which are bigger and more lethal than ordinary batons, as you can see from the photos on this page. To claim that the Operation’s objective is to annihilate Fulani Herdsmen, is rather premature, since we don’t even know what kind of weapons the Amotekun people will bear. If they are hunters, they probably already have dane guns which they use as tools of their trade to hunt animals in the forest, which they didn’t just acquire for the purposes of this Operation. Second, the Constitution which is the grundnorm, provides unequivocally in its preamble and Section 17(2)(a), that all Nigerians are equal/have equal rights. That being so, what is good for the goose is good for the gander or what is sauce for the goose is sauce for the gander, meaning, everyone should be treated the same way, that is, if the JTF, armed Herdsmen, Hisbah et al exist, so must Amotekun. Were the Yorubas or any other tribe consulted, when the Hisbah and JTF were established? Was the permission of the other regions sought, when the Herdsmen started bearing firearms? The Secretary of MACBAN sounded almost like the Americans who possess nuclear weapons, but do not want anybody else to have them! The issue of disarmament must be ‘quid pro quo’ - everybody must destroy their weapons, for there to be effective disarmament. One person cannot keep his, while policing everybody else to destroy theirs. The apprehension that MACBAN has about Amotekun, interestingly, is exactly what is playing out in reality - the Herdsmen are killing villagers and farmers all over the country with gusto and aplomb, destroying their farms in a bid to unlawfully graze their cattle. Until Hisbah, armed Herdsmen and so on are disarmed and disbanded,

Armed Borno State female ‘Youth Vanguard’ JTF Operative

Armed ‘Youth Vanguard’ JTF Operatives

Amotekun must stay. People in the South West, also require protection from their attackers, whoever they may be. From my childhood up to recently, we have always co-habited peacefully with the Herdsmen. Nobody is saying that, all Herdsmen are destructive, violent killers. I even have a friend Yinusa, a Herdsman who also diversified into ‘suya’ selling. Yinusa would never, hurt a fly. However, in recent times, unlike Yinusa, many Herdsmen, have deliberately started to carry firearms, in order to be able to wantonly trespass on people’s farms to graze their cattle without facing any resistance, killing and maiming those who oppose their intrusion and invasion. See the case of The State v Haruna Usman, in which a 17 year old Herdsman stabbed one Happy David to death in Kogi State, when the deceased warned him about grazing his cattle on his parents’ farm, because the crops had been sprayed with insecticide which could be harmful to his livestock. Usman was found guilty of culpable homicide contrary to Section 221 of the Penal Code, and sentenced to death by a Kogi State High Court. I therefore, salute the South West Governors, for standing their ground. Whether it’s Herdsmen, Boko Haram insurgents or plain old criminals, one thing is certain - the people need more protection, as the security and welfare of all the people in Nigeria (not just Fulani Herdsmen and people of the North East), is the primary purpose of Government (Section 14(2)(b) of the Constitution). ‘Kwarrapsion’ So much for the fight against kwarrapsion (corruption)! According to Transparency International (TI), Nigeria’s rating dropped from 144 in 2018 to 146 out of 180 in 2019 on the Corruption Index. According to Presidential spokesperson, Garba Shehu, the TI rating (which was celebrated by Nigeria when she went from 148 in 2017 to 144 in 2018), is now conveniently unreliable, and may even have been contrived/orchestrated by the opposition, since it was gathered from third parties! He stated that, TI/the 2019 Index (I’m not sure which) is also trying to disparage the Government. I think that, this Government is suffering from acute paranoia and persecution syndrome. Don’t you? While Garba Shehu may be stating true facts (I cannot confirm them), that it is no longer business as usual, in that Government officials cannot just brazenly loot the Nigerian treasury and steal billions as they did during previous administrations, it would do the Government good to consider/examine some of the other markers which may have resulted in that worsened TI result, instead of making a mockery of themselves, by running down something that is world acclaimed and accepted, grasping at straws and faulting their methodology etc - markers like gross election malpractice in the 2019 elections, lack of electoral reform, sometimes strange judgements handed down by all levels of the Judiciary, opaque methods of making Government appointments, tribalism and nepotism and so on. Corruption is not just about direct stealing, while the measure of the success of an anti-corruption drive, is not only about the amount of stolen loot that is recovered (as this administration seems to believe). It goes beyond that. Coronavirus Infection I hope that the Minister of Health in conjunction with all State Commissioners for Health, are being proactive and taking measures to ensure that, the deadly Coronavirus Infection does not infiltrate Nigeria from China. Section 17(3)(d) makes it a policy of Government, to ensure that there are adequate health and medical facilities for all persons. Nigerians go to China every second, likewise, there are many Chinese people resident in a Nigeria. People coming into the country from China, must be checked the way it was done during the Ebola epidemic. Exclusive medical facilities to treat infected patients, must be set up and put in place now, while medical personnel should be trained on how to treat patients, and at the same time, protect themselves from contacting the virus which is spread through coughing and sneezing. Symptoms of the virus include, fever, chest pain, headache, sore throat, cough, shortness of

ONIKEPO BRAITHWAITE

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

“....... WHETHER IT’S HERDSMEN, BOKO HARAM INSURGENTS OR PLAIN OLD CRIMINALS, ONE THING IS CERTAIN - THE PEOPLE NEED MORE PROTECTION, AS THE SECURITY AND WELFARE OF ALL THE PEOPLE IN NIGERIA (NOT JUST FULANI HERDSMEN AND PEOPLE OF THE NORTH EAST), IS THE PRIMARY PURPOSE OF GOVERNMENT.......” breath and breathing difficulties, and pneumonia (flu like symptoms). People are enjoined to wash their hands regularly, especially after use of the toilet and coming in from outside, cover their noses and mouths when sneezing and coughing, thoroughly cook meat and eggs, avoid contact with people who exhibit flu like symptoms, and also avoid contact with live animals.

Dear Editor Re: Malami: Attorney-General of Northern Nigeria? Dear Editor, It is really time we all begin to speak up. Babanla nonsense, indeed! YAZ Dear Editor, I have been following your articles....I am very impressed with your candour.....a virtue that is rare in our public space. Please, keep it up. AA Dear Editor, Your write up, is a masterpiece. Please, keep it up. I.A.A. Dear Editor, I wanted to commend you for your well written and courageous article. Regardless of the mess, I’m pro-Amotekun. I had pushed it, for a while. I’m glad that, our Governors have now seen the glaring handwriting. The times are tragic, indeed. But, we must do our respective bits. FF

4/LAW REPORT

28.01.2020

Unlawful Exclusion of Votes: Documents Required to Establish Same

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is on the Appellants. Counsel posited that the Appellants who seek declaratory reliefs must succeed on the strength of their case and not on the weakness of the defence and that the documents relied on by the Appellants were dumped on the Tribunal without linking them to the specific aspects of the Appellant’s case.

Facts

he 1st Appellant and 1st Respondent contested the gubernatorial election conducted in Imo State on 8th March, 2019 under the 2nd Appellant’s and 2nd Respondent’s parties respectively, along with 68 other candidates. At the end of the exercise, the 1st Respondent was returned as the winner of the election. The 1st Appellant thereby, filed a Petition, wherein he contested the result of the election and return of the 1st Respondent, on the grounds that (a) The 1st Respondent was not validly elected by majority of lawful votes cast; and (b) The declaration and return of the 1st Respondent is invalid by reason of non-compliance with the Electoral Act. He sought several reliefs, including the nullification of the return of the 1st Respondent, and declaration that he is the winner of the said election. At the Election Petition Tribunal, the 1st Appellant contended that, election held in 27 Local Government Areas, 305 Electoral Wards and 3,523 Polling Units. He posited that, the 3rd Respondent cancelled election in 252 Polling Units, collated results from 2,883 Polling Units and excluded results from 388 Polling Units, and that he scored an overwhelming majority in the 388 Polling Units that were excluded from the Ward collation result (Forms EC8B). He contended further that, the total number of votes due to him from the unlawfully excluded 388 Polling Units is 213,695 while the 1st Respondent only had 1,903 votes therefrom. The Respondents joined issues with the Appellants, in their responses to the Petition. Parties called witnesses and tendered documents, in support of their respective positions. After concluding trial in the Petition, the Tribunal dismissed the Petition as lacking in merit. Unhappy with the decision, the Appellants appealed to the Court of Appeal, whereat, by a majority decision of 4:1, the appellate court dismissed the appeal. The Appellants further appealed to the Supreme Court. Issues for Determination The Supreme Court determined the appeal on the following issues: (1) Considering the facts of this case and the case law on polling unit results given to Police Officers deployed to polling units, whether the court below was not in grave error when it held that PW54 was not the proper person to tender Exhibits PPP1- PPP366 (Grounds 2, 3, 4 and 5). (2) Given the state of pleadings and the evidence before the lower court, whether the decision of the court below that the Appellants did not “prove their allegation that their scores were excluded from collation” was not wrong as a result of a misconception of the Appellant’s case? (Grounds 6, 7, 8, 9, 11, 13, 15, 16 and 22). Arguments On the first issue, the Appellants contended that, the crux of their case as pleaded in the Petition, was that scores due to them in 388 Polling Units were not collated into Forms EC8B, thereby denying them a total of 213,695 votes. The Respondents on their parts, denied the exclusion of such results, and the 3rd Respondent specifically pleaded in paragraph 14 of its Reply to the Petition, that the authentic results of the election would be tendered at the trial. At the trial, the Respondents extracted evidence from some of Appellant’s witnesses under cross-examination, confirming the presence of Police Officers in their units, thereby illustrating the relevance of the evidence of PW54 (the subpoenaed Deputy Commissioner of Police) who tendered Exhibits PPP1-PPP366. At the Tribunal, the evidence of PW54 was expunged, on the basis that he lacked the competence and authority to testify and tender the said documents. The Court of Appeal however, upheld the appeal of the Appellant against the rejection of the documents, and held that PW54 was properly before the court as a subpoenaed witness, but refused to accord the exhibits, any probative value, relying on extraneous grounds such as certification of the documents and proper custody. Counsel argued that the Exhibits are duplicate originals, and therefore, do not require certification, relying on Section 86(2) of the Evidence Act, 2011 and the case of AJA v ODIN (2011) 5 NWLR (PT. 1241) 509 at 503 C-D. He also submitted that, the evidence of PW54 shows that the documents were in the custody of the Police authorities and released to PW54 on the authority of the Commissioner of Police, in obedience to the subpoena issued by the Tribunal. On admissibility and evidential value of election results given to Policemen, counsel submitted that, the procedure is provided for under Section 63(3) of the Electoral Act, 2010 (as amended) and in Paragraph 22(c) (iv) of INEC Guidelines for 2019 General Elections, and validated in several judicial decisions. He noted also that, the Respondents failed to adduce evidence in support of their allegation that the documents were forged. Counsel urged the court to exercise its powers under Section 22 of the Supreme Court Act, to consider, evaluate and give probative value to the documents. On the second issue, Appellants relied on Sections 133(1) and Section 136(1) of the Evidence Act, 2011 in support of their submission that they discharged the burden of proving exclusion of results, by tendering relevant documents and calling several witnesses and that the burden shifted to the Respondents to disprove the facts alleged by the Appellants, but they failed to tender any result for the election in the 388 Polling Units to contradict the duplicates tendered by the Appellants. Debunking the submissions above, counsel for the Respondents submitted that, in line with the Appellants’ pleadings, they were obliged to prove (i) that elections were conducted in each of the

Hon. Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC

In the Supreme Court of Nigeria Holden at Abuja On Tuesday, the 14th day of January, 2020 Before Their Lordships Ibrahim Tanko Muhammad Nwali Sylvester Ngwuta Olukayode Ariwoola Kudirat Motonmori Olatokunbo Kekere-Ekun Amiru Sanusi Amina Adamu Augie Uwani Musa Abba-Aji Justices, Supreme Court SC.1462/2019 Between 1. Senator Hope Uzodinma 2. All Progressive Congress (APC) ...... Appellants And 1. Rt. Hon. Emeka Ihedioha 2. Peoples Democratic Party (PDP) ....... Respondents 3. Independent National Electoral Commission (Lead Judgement delivered by Hon. Kudirat Motonmori Olatokunbo Kekere- Ekun, JSC) 388 polling units; (ii) that the elections were properly conducted in those units; (iii) that they had agents in each of the polling units; and (iv) that the results of the election in the 388 Polling Units were issued by the Presiding Officers to the Appellants’ agents, who were present when the election took place in the units. He contended that it is the Appellants’ agents, as the makers of the documents, who can speak to the Forms EC8A and EC8B relied upon by the Appellants. Relying on BUHARI v OBASANJO (2005) 13 NWLR (PT. 941) 1 at 315-316, counsel submitted that, the duplicate result sheets tendered were of no evidential value, having not been tendered by their makers and that the Police Officers who were at the specific Polling Units ought to have been called to testify. The Appellants called 28 Polling Unit Agents, leaving 360 unattended to. More so, their evidence were disbelieved by the Tribunal, as it was evident that the results were signed by the Appellants’ agents alone. Further, the tabulation of scores relied upon in the Appellants’ pleadings, showed an inconsistency between the numbers of votes scored vis-à-vis the number of registered voters. Counsel reasoned that the onus was on the Appellants to call the INEC officials and presiding officers, who purportedly made the 388 pink copies of the Polling Unit results to testify and that based on the presumption that the results declared by INEC is correct, the onus of proving that the election results were incorrect,

“......WHERE A PETITIONER CONTESTS THE LEGALITY OF VOTES CAST IN AN ELECTION AND THE SUBSEQUENT RESULT, HE MUST TENDER, NOT ONLY THE FORMS AND OTHER DOCUMENTS USED AT THE ELECTION, HE MUST ALSO CALL WITNESSES TO TESTIFY TO THE ILLEGALITY OR UNLAWFULNESS OF THE VOTES CAST AND PROVE THAT, THE ILLEGALITY SUBSTANTIALLY AFFECTED THE RESULT OF THE ELECTION”

Court’s Judgement and Rationale Deciding the issues, the Supreme Court observed that it is necessary to consider the pleading of parties and issues joined thereon, as those are the issues which bind the court and parties. From the state of pleadings and the findings of the courts below, the main issue joined on the pleadings was the allegation that votes due to the Appellants from 388 Polling Units were excluded from the votes accredited to them at the election, and that if the votes were added to their score, they would have emerged as winners of the election. The question then, is how an allegation of exclusion of votes can be proved. In BUHARI v OBASANJO (supra), the court held that, where a Petitioner contests the legality of votes cast in an election and the subsequent result, he must tender, not only the forms and other documents used at the election, he must also call witnesses to testify to the illegality or unlawfulness of the votes cast and prove that, the illegality substantially affected the result of the election. The contention in this case however, is that at the Ward Collation stage, votes scored by the Appellants were unlawfully excluded. The documents required in proving this allegation would be Form EC8A series, which is the primary evidence of an election (statement of results from Polling Units) and From EC8B, the ward collated results. The Appellants called 54 witnesses and tendered Forms EC8A, EC8B, EC8C, EC8D and EC8E series. The 1st and 2nd Respondents also called witnesses and tendered Certified True Copies of the Form EC8 series, while the 3rd Respondent did not call witnesses or tender documents. The courts below decided that to prove unlawful exclusion of result in the 388 Poling Units, it was required of the Appellants to call the Polling Unit Agents to testify about conduct of elections in the respective units. The Supreme Court observed that from the pleadings, the Appellants did not challenge the holding of the elections in the Poling Units but that their votes were excluded at the collation stage. The authorities requiring the evidence of Polling Unit Agents is inapplicable here, especially as the 3rd Respondent denied excluding the votes scored by the Appellants in the said units. Further, the Respondents pleaded that the documents relied on by the Appellants were false, and that they would tender the genuine results. This is a criminal allegation and they are required to plead the specific elements of fraud, as well as lead evidence showing the genuine results. It is the law that, mere assertion in pleadings does not constitute evidence. Though the Respondents contested the genuineness of Exhibits PPP1 to PPP366, they failed to lead evidence in proof of this assertion beyond reasonable doubt, and failed to produce the “genuine” results as pleaded. On the contention that the Exhibits relied on by the Appellants were not certified, the court relied on Section 86(2) of the Evidence Act, 2011 to hold that, the said Exhibits being duplicates of the original, required no certification – GAMBO IDI v THE STATE (2017) 6 SC (PT. IV) 96. Their Lordships held further that, the lower courts misplaced the burden of proof, as a result of which the bulk of the evidence was disregarded by them. The evidence of the Appellant’s witnesses were rejected, on the ground that they were not able to prove any anomaly in the units, which was not the basis of the Appellants’ Petition. The Supreme Court does not lightly set aside concurrent findings of the courts below, it will however, disturb such findings where it is satisfied that there is an apparent error on the face of the record of proceedings showing that such findings are perverse – AYENI v ADESHINA (2007) ALL FWLR (PT. 370) 1451 at 1557-1458. Given the above, the court held that, consideration of the Appellant’s case on a wrong premise occasioned a miscarriage of justice. Thus, the issues were resolved in favour of the Appellants. The court therefore, set aside the decisions of the courts below and ordered that votes due to the Appellants from the 388 Polling Units were unlawfully excluded, be added to the results declared by the 3rd Respondent. The court held further that, the 1st Respondent was not duly elected by majority of lawful voted cast and that the 1st Appellant is the winner of the said election. A Certificate of Return was ordered to be issued to the 1st Appellant and he should be sworn in as the Governor of Imo State. In view of the decision above, the court considered the Crossappeal spent and struck out same. Appeal Allowed; Cross-Appeal Struck out. Representation D.D. Dodo, SAN with others for the Appellant. Dr. Onyechi Ikpeazu, SAN with others for the 1st Respondent. K.C.O. Njemanze, SAN with others for the 2nd Respondent. Aham Eke Ejelam, SAN with others for the 3rd Respondent. Reported by Optimum Publishers Limited (Publishers of the Nigerian Monthly Law Reports (NMLR))

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MEDIATION CENTRE COMMISSIONING L-R: Director, Citizens Mediation Centre (CMC), Mrs. Omotola Rotimi, Lagos State Chairman House Committee on Judiciary, Hon. Victor Akande also representing Ojo Constituency 1, Lagos State Solicitor General and Permanent Secretary, Ministry of Justice, Ms. Titilayo Shitta-Bey, Lagos State Attorney-General and Commissioner for Justice, Mr. Moyosore Onigbanjo, SAN, Hon. Surajudeen Tijani, representing House of Assembly Ojo II and Hon. Isiaka Yaya, representative of Iba LCDA Chairman at the Official Commissioning of Ojo Citizens Mediation Centre (CMC) at Ojo Local Government, Ojo, recently

GANI FAWEHINMI ANNUAL LECTURE L-R: Former Vice President, NBA and Chairman, Organising Committee of the 16th Chief Gani Fawehinmi Annual Lecture/Symposium, Mr. Monday Ubani, Chairman NBA, Ikeja, Prince Dele Oloke and Mr. Femi Falana, SAN at the 16th Chief Gani Fawehinmi Annual Lecture/Symposium organised by the Nigerian Bar Association (NBA) Ikeja Branch held at the Airport Hotel, Ikeja, Lagos recently

AFBA President: Government must Shun Selectivity in order to Win Anti-Corruption Fight Stories by Akinwale Akintunde The African Bar Association (AFBA) has lent its voice to the anti-corruption fight of the President Muhammadu Buhariled administration, urging the President to shun selectivity, if the fight must be won. The President of the Association, Mr. Hannibal Uwaifo, said even though he can give a good mark to the Government for the anti-corruption fight, there are so many areas where they are failing. In a chat with journalists in Lagos, Uwaifo said it is true that a lot of the members of the ruling All Progressive Congress (APC) have not been touched, adding that the National Chairman of the ruling party, Mr. Adams Oshiomhole, has a mountain of petitions against him. The AFBA President called on the Economic and Financial Crimes Commission (EFCC) not to sweep under the carpet, the corruption allegations against Oshiomhole, if the Government is very serious about winning the fight. “On the anti-corruption

fight, yes, we have seen few Governors go to prison for their past misdeeds, but, the system is too slow. And I want to say is that, Nigerians also encourage it. We need to understand that, corruption is inimical to the development of the country, and if we don’t follow due process, we will never get out of the mess we are in. Is it not too much for the National Assembly to earmark N37 billion for the renovation of the National Assembly, in a country where workers are demanding N30,000 minimum wage and the country says they cannot pay? “Even though I can give a good mark to the Government for the anti-corruption fight, there are so many areas where they are failing. It is true that, a lot of the members of the ruling party have not been touched. The Chairman of the ruling APC, Mr. Adams Oshiomhole, has a mountain of petitions against him. Has he been summoned by EFCC, to answer to the petitions? Is it not a stain on Mr. President, to be harbouring a man who

petitions have been written against? “Those who are accusing the President of being selective, also have a point. The petitions are many. When I visited the EFCC Chairman last time, I mentioned it. If the Buhari Government says they are not selective, let the EFCC start the probe of the petition against Oshiomhole, the Chairman of the ruling party, and then we will know that they are very serious. “We know that there are so many other cases, but this is the Chairman of a ruling party. Mr. Ibrahim Magu is one of the most effective EFCC Chairmen I have seen, in recent times. I give him kudos, but he can no longer continue to keep quiet over the petitions against Oshiomhole”, he said. Also, speaking on Nigeria’s legal system, Uwaifo said the legal profession in Nigeria is passing through its lowest ebb. According to him, the legal profession in Nigeria has not risen up to the challenges of modern day criminality, because a lot of the present

Exam Malpractices: Lawyer Asks Court to Stop JAMB, Others, from Probing 2009-2019 Candidates A Federal High Court sitting in Lagos, has been asked to stop the Joint Admission and Matriculation Board (JAMB) and two others, from going ahead with the proposed plan, to publish the names of candidates alleged to have cheated in the United Tertiary Matriculation Examination (UTME) within 2009 and 2019. A Lagos-based lawyer, Chief Osuala Emmanuel Nwagbara, who filed the suit marked as FHC/L/CS/980/19, wants the court to stop JAMB and others from the planned probe of the credentials of candidates, and declare it unconstitutional, due to their right to fair hearing. Other Respondents in the suit filed by Nwagbara on behalf of UTME candidates of 2009

to 2019 against JAMB, are Federal Minster of Education and the Attorney-General of the Federation (AGF). Nwagbara said the suit before Justice Saliu Saidu was filed pursuant to Sections 36 and 42 of the Constitution of the Federal Republic of Nigeria 1999, Article 2 of the African Charter on Human and Peoples Rights Act and the Fundamental Rights Procedure Rules 2009. The Lawyer, apart from begging the court to declare JAMB's planned move as null and void, illegal, and unconstitutional, is also asking the court to declare that, since JAMB had screened and cleared the candidates who partook in the examinations

over the period 2009 to 2019, for university admission, it cannot now probe their university admission prequalification credentials, and or take any other steps and or actions that may be injurious to the interest of all such persons. He also sought for a declaration that JAMB, having screened and cleared the United Tertiary Matriculation Examination candidates who partook in the examinations over the period 2009 to 2019 for university admission, cannot now publish the names of such persons as person who may have cheated in the university admission

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day Lawyers are not vetted. “The legal profession in Nigeria, is passing through its lowest ebb. We have Lawyers defrauding clients and forging affidavits, taking matters to clog the courts, swearing false affidavits for clients. Even senior advocates and senior Lawyers are involved. “The legal profession has not risen up to the challenges of modern day criminality, because a lot of us who become Lawyers nowadays, are not vetted. We have people who went to night school, motor park touts, people who were bricklayers and drivers, people of shoddy character, all becoming Lawyers. The legal profession ought to raise its bar, with a view of checking these emerging trends. “Of recent, the bad eggs in the judiciary are beginning to buckle up, because they are quite fewer than those who are good. My recommendation is that, the General Bar Council, with a view of arresting the emerging trend, will need to redo our rules of professional conduct, in such a way that it teaches you why you are picking up a case. That

is how it is, in every country. “I can’t see what I’m telling you happen in Zambia, South Africa or Lesotho. But, here, Lawyers commit all kinds of crime everyday, and we are not bothered. So, how do we want to get good Judges, because it is from Lawyers you get the Judges and some Lawyers become politicians?”, he added. On electoral violence on the continent, Uwaifo described Nigeria as a bad example to other African countries. He decried the chaotic nature in which campaigns were carried out; the chaotic nature in which primaries were conducted, adding that, these things put the country in a very bad light, in both the continent and the international community. “Nigeria is not a good example for any country on the continent to follow, in terms of politics. We should be ashamed of ourselves and stop blabbing. “We have not even finished sorting out the issues relating to the 2019 elections, and people already strategising for 2023

elections. Our position and part of our decisions, have been that the Judiciary is not the right place or competent organ to elect leaders for the country. It is the people, who elect their leaders. And therefore, judicial decisions must be done in such a way to reflect what the people want”, he noted. He said AFBA was working on a blueprint to strengthen the judiciary, by ensuring that Judges’ appointments are based on merit. The AFBA President urged the Nigerian government to domesticate the African Continental Free Trade Agreement, saying the continent has a lot to gain from the agreement. “The African Bar is a member of the African Union, where we represent the legal profession in the African Union Trade in Services Council. The African Bar, is fully in support of the African Continental Free Trade Agreement; we believe that, great wealth will be unlocked when African countries trade among themselves. I will urge Nigeria to domesticate the treaty, and implement it. We must support it”, Uwaifo said.

Alleged Human Rights Violation: Businessman files N20m Suit against Police IG, Others The Inspector General of Police, Mohammed Adamu and others, have been dragged to court over an alleged unlawful detention, torture and inhuman treatment. In a fundamental human rights suit filed by a Lagos-based businessman and philanthropist, Akinfolabi Akindele, before a Lagos High Court sitting in Igbosere, the Applicant accused the Inspector General of Police and other Respondents, of violating his fundament human rights by arresting and detaining him in a brutal manner, sometime in February, 2019. Other Respondents in the suit are Assistant Inspector General of Police Force CID, Alagbon, Lagos, Assistant In-

spector General of Police Force, Zone 2, Onikan, Lagos, Lagos State Commissioner of Police, Deputy Commissioner of Police State CID Panti, Lagos, Alhaji Azeez Ashiru, and Sergeant Adeyinka Adekunle. Akindele, who is also the Managing Director of Adamakin Investment, in the suit marked as TEMP/49826/2020 filed through his Lawyer, Idris Mohammed Doko, stated that at the behest of Alhaji Azeez Ashiru (the 6th Respondent), sometime in February, 2019 he was arrested, brutalised, detained, and without being allowed to legal representation, was compelled to make statements on each occasion of his arrest and detention, and without arraignment before

any court of law to date. The Applicant is praying the court, to declare that the humiliating and brutal arrest and detention constitute a violation of his fundamental rights to dignity of the human person, guaranteed under Sections 34 and 35 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Article 3 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap A9 Laws of the Federation of Nigeria 2004. He wants the court to declare that the fresh invitation now sent to him on a matter that has already been investigated and concluded by the 5th

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Lagos Sacks Land Grabbers from Agege Land, Advices Property Owners to Perfect Title Documents Akinwale Akintunde In continuation of the zero tolerance posture of the Governor Babajide SanwoOlu administration against land grabbing in Lagos State, the Lagos State Task Force on Land Grabbers (LSTFLG) has dislodged some unnamed persons suspected to be land grabbers from a portion of land measuring 1339.564 square metres, situated on Iju Road in Agege Local government Area. Lagos State Attorney-General and Commissioner for Justice, Mr. Moyosore Onigbanjo, SAN, who is also Chairman of the Special Task Force on Land Grabbers, disclosed this over the weekend, while reviewing the report of the enforcement exercise carried out on Friday, January 24, by officials of the Land Grabber Taskforce and Police Men attached to State Taskforce on Environment and Special Offences Enforcement Unit. According to a statement signed by Bakare

Bukola, Principal Public Affairs officer of LSTFLG, Mr. Onigbanjo said the suspected land grabbers had forcefully encroached and seized the land belonging to the Estate of one Mr. Moshood Olatokunbo (late) and prevented his widow, Mrs. Olabisi Olatokunbo and other Administrators of the Estate, from taking possession of the land. Onigbanjo explained that Mrs. Olabisi Olatokunbo had petitioned his office through her solicitors, to report the persistent encroachment and disruption of work on the land by land grabbers, demanding justice and the right to take possession of her inheritance. "The dislodgment and enforcement exercise, is as a result of the investigation carried out by the State Land Grabber Taskforce on the petition written against Mr. Fatai Okesiji and Mr. Lai Omotola of Master Reality International Concepts Limited,

the alleged land grabbers", the LSTFLG Chairman said. While explaining the operation protocol of the Taskforce, Onigbanjo stated that, officials of LSTFLG on receiving the petition from Mrs Olatokunbo, swung into action to establish the veracity or otherwise of the petition. "The outcome of the painstaking investigation, showed that the petitioner is the rightful owner of the land having submitted a verified original deed of assignment, composite survey plan and approved building plan, whereas, the Respondents could not come up with any authentic document to back up their claim to the land", he stated. Onigbanjo further explained that, the LSTLG during the dislodgement exercise, pulled down all illegal structures erected by the suspected land grabbers, adding that, the land has since been returned to the rightful owner immediately after the exercise.

EXAM MALPRACTICES: LAWYER ASKS COURT TO STOP JAMB, OTHERS CONTINUED FROM PAGE 5 pre-qualification examinations, and or take any other step and or action that may be injurious to the interest of all such persons. Nwagbara also prayed the court to restrain JAMB and the other Respondents from carrying out their decision or action against the said candidates, by way of probing the credentials of UTME candidates from 2009 to 2019. Furthermore, the Lawyer wants the court to make an order, nullifying any decision or step already taken in execution of the Respondent’s decision and or action, to probe credentials of the UTME candidates from 2009 to 2019 and to publish names of those who may have cheated, as same is discriminatory, unconstitutional, null and void

and an infringement of the constitutional right to fair hearing of the said candidates. However, the third Respondent, the AGF, has asked the court to dismiss the suit against it. The AGF, in urging the court to dismiss the suit against it, contained in a counter-affidavit deposed to by one of its litigation clerks, Friday Zekeri, of the Federal Ministry of Justice, wherein he stated that the Lawyer did not seek its advice or input before instituting the suit. The deponent averred that, he was informed by Elodimuo Ekene, a Lawyer in the AGF's office that, on September 25, 2019 at about 12.00 hours, that the Applicants commenced this suit through an application to enforce

their fundamental human rights dated June 17, 2019 and filed same day. He stated that after a careful perusal of the application and supporting affidavit filed by the Applicants, it shows that there is no substantive claim whatsoever against the third Respondent, and that the averments in the Applicants’ affidavit are denied and unknown to the third Respondent. He also stated that, there was no fact or wrong doing which have been raised against AGF, and that the complaint of the Applicants falls under the Statutory and administrative powers /duties of the JAMB. Meanwhile, Justice Saidu has adjourned till February 12, for hearing of the matter.

He also noted that, the State Taskforce on Land Grabbers has been re-energised, and positioned to swiftly attend to all petitions and conduct proper investigations concerning any case of land grabbing. He added that, taskforce will not condone perpetration of any act inimical to the laws of the State. While urging members of the public to bring to the attention of the Taskforce on Land Grabbers, any issue bordering on land grabbing by addressing such petitions to his office or by calling the listed hotlines 09096667123, 09020085005, he advised residents, especially land and property owners in the State, to perfect their title documents, as well as all other legal documents pertaining to their properties. He noted that, this would help dissuade land grabbers from their illicit trade, and ensure easy administration of justice in the event that such properties are encroached upon. “Undocumented and incomplete transactions, as well as untidy property documentation, make it difficult for encroached property to be retrieved when such becomes a subject of litigation. "The case of Mrs. Olabisi Olatokunbo has proved that, property forcibly and illegally seized by Land Grabbers, can be retrieved with minimal effort when Title documents on such properties are perfected”, Onigbanjo said. He reiterated the commitment and renewed drive of the present administration, to put an end to the illicit activities of land encroachers and grabbers in Lagos State. “I wish to remind residents that, the Lagos State Property Protection Law of 2016 is in full swing. This law which prohibits forceful entry and illegal occupation of landed properties, violent and fraudulent conducts in relation to landed properties in Lagos State, prescribes severe penalties with various prison terms, for different offences”, Onigbanjo stated.

Legal Personality of the Week Elo Othuke Azaino

‘Law is 50% Uncommon Common Sense’ well motivated and find happiness in what they are doing, I need not worry much about the clients, the staff will make your job easy.

Please, give a brief introduction of yourself My name is Elo Othuke Azaino, a Legal Practitioner and the Managing Partner of Rosenut Solicitors; a full service law Firm in Lekki, Lagos. Although Rosenut Solicitors is a full service law firm that prides itself as your “Next Door Law Firm”, I have had the honour and privilege of rendering legal services to both local and international Clients in different matters/transactions across various areas of law such as Dispute Resolution (Core Ligation and ADR) Corporate Commercial, Oil and Gas, Real Estate and Construction, Employment/Labour, Intellectual Property, Maritime, Aviation, Energy, Entertainment, Immigration, Probate/ Matrimonial Law. Have you had any challenges in your career as a Lawyer, and if so, what were the main challenges? I have faced an avalanche of challenges in my career as a Lawyer; may I say I have faced one too many! But, amongst all, the challenges of managing and growing a full service law firm in the heart beat of the country’s commercial centre, are my most daunting challenges. The challenge and ability of being sound legally, morally and mentally, to avoid the weighty managerial hubris of sacrificing Head for Heart and vice versa, is a constant and everlasting challenge for me. Also, some of the other challenges are evident in the areas of sourcing for clients, bearing in mind the conservative and reserved nature of law practice in Nigeria, billing, pricing and payment for legal services by clients and prospective

What has been your most memorable experience as a Lawyer, so far? Thus far, everyday as a legal practitioner, apart from the few worst days, are memorable days. But, my most memorable day is some few years to come; the day I will be honoured with the rank of a Senior Advocate of Nigeria (SAN).

Elo Othuke Azaino

clients, employing the right staff that appreciate and are ready to uphold the values and virtues of the firm, as well as being innovative and remaining relevant/ knowledgeable, in an ever dynamic and ever evolving Lagos. What do you consider to be your worst day as a Lawyer? Any day I fail to put a smile on my staff and clients’ faces, is a sad day for me. To be modest, I have had few of those days. I know you may have expected me to put my clients first, before my staff. Well, my approach to the practice of law, is a bit unconventional. My colleagues (staff) come first, then the clients, almost in the same breath. I believe that if the staff are

Who has been most influential in your life? My late Grandmother, on the family front. Although she went to a deserved rest about a decade ago, her values and unwavering belief in me, even on occasions in which I doubted myself, will always be moments to remember in a savouring fashion. Her favourite pet name for me (in Isoko Language) was the enduring Ubiudodo (Rosenut), my brand. Professionally, I would say Wale Irokosu (the Managing Partner of Probitas Partners, let’s just say the man is a law beast). A stern and unassuming figure. He bestowed on me legal values, that guide me to date. Why did you become a Lawyer? To be sincere, law called and I answered. From my educational and professional formative years, I always knew I would either be a legal practitioner or a legal practitioner. What would be your advice to anyone wanting to become a lawyer? Welcome!!! We do need a few more

hands. However, I have come to the realisation that, law is 50% uncommon common sense; 49% dedication/hard work and 1% luck. One does need grace in the legal professional, but it is not a place for those who believe in luck. I have discovered that most young Lawyers have the mentality that, all they need is just luck, work in some big law firm, get paid well, dress in some fancy clothes, and from nowhere, success and knowledge will find them. I see young Lawyers graduating from the Law School, and without venturing into actual practice, elect to cherry pick areas of practice. Most of them loath advocacy like the plague, not because they tried it and they found out that they do not have the stomach for it, but because they were told that it is stressful. My advice to all young Lawyers is to test the field, be at it, explore, romance, flirt, crush and be in love with the law; only then will you be able to know your actual strength and true area of practice. If you had not become a Lawyer, what other career would you have chosen? Law would have Chosen me (hahahahaha). Perhaps, a Thespian. I actually studied Theatre Arts. But, the desire and temptation of being legal practitioner was too great to ignore, and somehow the law chose me. Where do you see yourself in ten years? On a personal front, it is my utmost desire to have grown my practice and attain my goal of being a Senior Advocate of Nigeria. In general, I hope that Rosenut Solicitors would have grown and become one of the world’s top law firms.

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TALKING CONSTITUTIONAL DEMOCRACY DR. MIKE OZEKHOME, SAN

SMS only to 08098898888

Different People, Different Forms of Government

O

This was offensive, to divine law. Monarchs were therefore, obliged to marry only those of noble birth. This idea of strict biological superiority, later gave way to a more rationalised and accepted justification, that of a superiority based on better opportunities, education, talents, or achievements. A principle known as “noblesse oblige” was designed, to ensure the success and continuity of aristocracies. This literal meaning - “nobility obligates”. It meant “the obligation of honourable, generous, and responsible behaviour associated with high rank or birth”. Because of their assumed “superiority,” those of noble birth, were firmly obligated to serve the needs of other lesser mortals responsibly. This principle was found in such aristocracies as the one in ancient Sparta, whose warriors were obliged to put the interests of others before their own, even in battle fields; and in Japan among the warrior caste, the “Samurai”.

Introduction

n 27th August, 2019, we discussed plutocracy and totalitarianism, as forms of government that run against the grain of democracy. Democracy appears to be the most popular and accepted form of government, across the world. I was compelled by more burning emergent national issues, to suspend my discourse. Readers, globally, have been urging me to continue with this enlightening project. I will therefore, continue our suspended discourse today with Aristocracy. Even then, I will still crave your indulgence to suspend the series whenever more urgent issues that ignite readers’ interest crop up. Aristocracy “Government by the nobility, a privileged minority, or an elite class thought best qualified to rule.” The argument of proponents of this form of government, is that it is logical that the best kind of government would result, if it was composed only of the best people. To this school of thought, the best people are better educated, more qualified, and more competent, and therefore, better able to lead others. Even at that, an aristocratic government headed by such an elite class may still be one of different genre. For example, it could be rule by the wealthy, called a plutocracy. It could be rule by the clergy, known as a theocracy. It may boil down to rule by government officials, called a bureaucracy. In the past, many primitive societies, under the rulership of tribal elders or chiefs, were aristocracies. At one time or another, some countries such as Rome, England, and Japan, to name but three, all had aristocratic governments. In ancient Greece, the word “aristocracy” was used in reference to the city-states, or poleis, in which a small group governed. Often, a number of prominent families shared power amongst themselves. In some cases, however, single families seized power illegally, and set up a more tyrannical type of rule, of other families considered less powerful. Athens, like other Greek city-states, was originally an aristocracy. However, as cultural changes weakened class distinctions and disrupted its unity, the city was forced to take on democratic forms. Sparta, for example, on the other hand, was reputedly founded in the ninth century B.C. It was ruled by, a military oligarchy. The city of Sparta soon rivalled the much older Athens, and both cities fought for supremacy of the Greek world of their time. It was virtually, a “fight-to-finish”. Thus, rule by the many, as in Athens, came into intense conflict with rule by the few, as in Sparta. Of course, their rivalry was quite complex, because it involved more than just a disagreement about government. Why and How a Noble Ideal was Perverted Political differences were often the subject of philosophical arguments, among early Greek philosophers. Plato’s former student, Aristotle, made a distinction between aristocracies and oligarchies. He classified pure aristocracy as a good form of government, a noble ideal that enabled persons with special abilities and high morals, to devote themselves to public service for the benefit of others. He argued however, that, when headed by an oppressive and selfish elite, a pure aristocracy which is ordinarily good, deteriorated into an unjust oligarchy. This, he canvassed, was a perverted form of government having departed from the nobility and morality of pure and ideal aristocracy. While advocating rule by ‘the best,’ Aristotle even admitted that combining aristocracy with democracy would probably produce the desired results, an idea that still appeals to some political thinkers to date. In fact, the ancient Romans actually did combine these two forms of government, with some measure of success. “Politics [in Rome] was everyone’s affair,” says The Collins Atlas of

“CONFUCIUS, THE RENOWNED CHINESE SAGE.......STRESSED THAT, “ABILITY AND MORAL EXCELLENCE, RATHER THAN BIRTH, WERE WHAT FITTED A MAN FOR LEADERSHIP”

President Muhammadu Buhari

World History. Nevertheless, at the same time, “the richest citizens and those who were fortunate enough to be high born formed an oligarchy, which shared out among itself, the offices of magistrate, military commander and priest”. Interestingly, even in late medieval and early modern history, European urban centres combined democratic and aristocratic elements in their government. Says Collier’s Encyclopaedia: “The extremely conservative Venetian Republic, which Napoleon finally overthrew, provides the classic example of such an oligarchy; but the Free Cities of the Holy Roman Empire, the cities of the Hanseatic League, and the chartered towns of England and Western Europe, reveal the same general tendencies toward tight oligarchical control by a relatively small but proud and highly cultured patriciate [aristocracy]”. The argument has been powerfully advanced, and with some strong justification, that all governments are in every case aristocratic in nature, since all of them actually strive to have the best qualified people in charge. The concept of a ruling class, to date, has served to strengthen this view. Some reference work has therefore, posited that, “Ruling class and elite are becoming synonymous terms to describe as actual, what Plato and Aristotle argued for as ideal”. Searching for “The Best” In ancient China under the royal house of Chou, centuries before these Greek philosophers made their appearance on the stage, a feudal society (based on lords and vassals) was already bringing a measure of stability and peace to ancient China. But, after 722 B.C.E, during what is called the “Ch’un Ch’iu period”, the feudal system incrementally weakened. In the last part of this period, a new elite emerged, composed of people regarded as the former “gentlemen”. These people had served in feudal households, ones who were descendants of the old nobility. Members of this new elite, moved into key government positions. Confucius, the renowned Chinese sage, as The New Encyclopaedia Britannica points out, stressed that, “ability and moral excellence, rather than birth, were what fitted a man for leadership”. Confucius’ many words on marble, litter our moral and leadership landscapes. However, over two thousand years later in Europe, the process of picking the elite, those best qualified to rule, had little to do with “ability and moral excellence.” Harvard Professor, Carl J. Friedrich, notes that, “the elite in aristocratic England of the eighteenth century, was an elite based primarily on blood descent and riches. The same thing, was true in Venice”. He adds: “In some countries such as eighteenthcentury Prussia, the elite was based on blood descent and military prowess.” This idea that the good qualities of ‘better people’ were necessarily passed on to their offsprings, accounts for the closely-knit marriage practices of monarchs in the past. During the Middle Ages, the idea of biological superiority prevailed. To marry a commoner was abominable, as it amounted to polluting and diluting the nobleness of the clan.

When Aristocracies were found Wanting and Deficient The imperfection of aristocratic rule, soon manifested. In early Rome, only persons of high birth, known as “Patricians”, were eligible for membership in the Roman Senate. The common people, known as “Plebeians”, were not. But, far from being men of “ability and moral excellence,” as Confucius had demanded of rulers, members of the Senate became increasingly corrupt and oppressive. Civil strife, was the resultant effect. The Plebeians kicked. The nobility or patricianity, was derobed and demystified. For the next 1,200 years or thereabouts, aristocratic governments, even though monarchical in name, were the European norm. As time went on, many political, economic, and cultural changes gradually modified the system. But, during this entire period, European aristocracies remained powerful. They were able to retain their landholdings and their stranglehold on military offices, while becoming ever more parasitic, narcissistic, extravagant, arrogant, and frivolous. In the 1780’s, the aristocracy suffered a severe blow. Louis XVI of France, finding himself in financial straits, pleaded with members of the French aristocracy to forgo some of their fiscal privileges. But, instead of supporting him, they took advantage of his difficulties, hoping to undermine the monarchy and regain some of their own lost power. “Dissatisfied with government of the people, by the king, for the aristocracy, they [the aristocracy] sought government of the people, by the aristocracy, for the aristocracy”, explains Herman Ausubel, Professor of History at Columbia University. This attitude, helped precipitate the French Revolution of 1789. It was Louis the XVI who once stood in front of parliament and declared, “L’etat c’est moi” (I am the State). These events in France, brought about momentous changes that were felt far beyond the boundaries. The aristocracy lost its special privileges. The feudal system, was totally abolished. A Declaration of the Rights of Man and the Citizen was adopted, as was also a Constitution. In addition, the powers of the powerful clergy, were restricted by Decree. Government by the few, even if the few were thought to be the very best had been carefully analysed and weighed in the balances by the many, and had been found wanting and unsatisfactory. Did they finally find “The Best”? The obvious fact that ‘the best’ did not always live up to their name (“best”) points out one of the major weaknesses of ‘government by the best,’ namely, the difficulty in determining who ‘the best’ really were. To meet the requirements for being best qualified to govern, more appeared necessary than just being rich; just being of noble blood; or just being capable of military prowess and exploits. It is not difficult to ascertain who the best doctors, cooks, or shoemakers are. We simply view their work, or their products. “With government, however, the situation is not so easy,” notes Professor Friedrich. The difficulty is that, people disagree as to what a government should be and what it should do. Also, the goals of government are continually changing. Thus, as Friedrich says: “It remains quite uncertain, as to who the elite is”. For a ‘government by the best’ to be really the best, the elite would have to be chosen by someone with superhuman knowledge, and infallibility in judging. The chosen would have to be individuals of unbreakable moral integrity, completely devoted to the immutable goals of their government. Their willingness to put the welfare of others before their own, would have to be beyond doubt. Like Caesar’s wife, they must be above board. (To be continued). THOUGHT FOR THE WEEK “Aristocracy is always cruel.” (Wendell Phillips).

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D I S C O U R S E Did the Supreme Court Shortchange the Imo Electorate? The Supreme Court, even in its imperfections, is the final arbiter. But, there have been a few instances in its history, when the Nigerian Apex Court had to revisit and review their decisions. With the outrage and protests that trailed the recent decision of the court in the Imo State Governorship election petition, many are of the view that, Hon. Emeka Ihedioha should approach the court for a review of the Supreme Court judgement in his case, which has attracted so much outcry, including demonstrations in Abuja and the Imo State capital, Owerri, a step which he consequently took, last week. Should Ihedioha have resigned himself to his fate, or is the chance he has taken, on their Lordships reviewing the decision, the better option? Is Ihedioha’s quest for a review of the decision simply sour grapes, or indeed, are there cogent grounds for seeking the review? Has this judgement made any contributions to our nation’s electoral jurisprudence? Should Lawyers be demonising the Supreme Court Justices, because some of their decisions do not go down well with them? Femi Falana, SAN and Ken Ahia, SAN in this Discourse, shed more light on the controversial decision and proffer solutions

Stopping Courts from Deciding Election Winners

You Can Only Critique a Judgement that You have Read

Femi Falana, SAN

Ken Ahia, SAN

N Background

igeria conducts the worst elections, in Africa. During the 2003 general elections, a number of the candidates who were rejected by the electorate were declared winners by the Independent National Electoral Commission (INEC), with the connivance of the Presidency. Some compromised results of Governorship elections that could not be declared in the States' collation centres, were announced at the headquarters of the INEC at Abuja. To the dismay of the Nigerian people, the results of such controversial elections were upheld by the election petition tribunals and the appellate courts, on technical grounds. It is pertinent to recall that, the anti- democratic officials who manipulated the election results and subverted the democratic process, were not brought to book. Indeed, some of the highly placed criminal suspects, were protected by the immunity clause in the Constitution. Through the application of technical rules, many candidates who did not win elections have been adjudged winners by the courts. In fact, the members of the public who cannot appreciate why results of elections are based on technical justice by the courts, have pointedly accused Judges of promoting electoral malpractice. In Buhari v Obasanjo [2005] 13 NWLR (Pt.941) 1 at 145, Justice PatsAcholonu (of blessed memory) underscored the daunting task faced by a Petitioner in challenging election to the office of President or Governor in Nigeria. According to his Lordship: “The very big obstacle that anyone who seeks to have the election of the President or Governor upturned, is the very large number of witnesses he must call, due to the size of the respective constituency. In a country like our own, he may have to call about 250,000-300,000 witnesses.

By the time the court would have heard from all of them with the way our present law is couched, the incumbent would have long finished and left his office, and even if the Petitioner finally wins, it will be an empty victory bereft of substance”. Regrettably, the observations of Justice Pats-Acholonu and other progressive Judges were ignored by the ruling party, which was a major beneficiary of the subversion of the democratic process. Hence, the official impunity continued and assumed a more dangerous dimension, during the 2007 general election. In line with the declaration of President Obasanjo that the election was a "do or die affair", there was massive violence in several parts of the country, leading to the unlawful killing of hundreds of people by security forces and armed thugs. But, majority of the election petitions which questioned the credibility of the dubious elections were dismissed by the election petition tribunals and the appellate courts, on the grounds that they were not proved beyond reasonable doubt. In Buhari v Yaradua LPELR-S.C 3/2008, the Supreme Court upheld the results of the Presidential election won by the PDP candidate, Alhaji Umaru Yar’adua of the PDP. Out of the seven Justices of the Court who delivered the judgement, three gave a dissenting opinion. In criticising the majority decision, the three Justices said that the election was not conducted in accordance with the Electoral Act, as the ballot papers were counterfeit, as they were neither marked nor serialised. The judgement was lauded by the then ruling party, the People's Democratic Party (PDP). But, the winner of the presidential election, Alhaji Umaru Yar’adua, admitted that the election was highly flawed. So, he set up a Panel headed by the Honourable Justice Mohammed Uwais, former Chief Justice of Nigeria, to investigate the electoral malpractice that marred the nation's elections, and recommend substantial reforms of the electoral process. The Panel carried out its assignment with diligence, and made far reaching recommendations.

Regrettably, the Yar’adua administration turned down the basic recommendations of the Panel, which included the appointment of members of the INEC by advertisement, and trial of electoral offences by an ad-hoc electoral offences tribunal. Similar recommendations of the Ahmed Lemu Panel and Ken Nnamani Panel set up by Presidents Goodluck Jonathan and Mohammadu Buhari respectively, were also ignored. Indeed, the Electoral Bill of 2019 which incorporated many of the recommendations of the electoral reform panels which was passed by the National Assembly, was not assented to by President Buhari. Thus, the courts have been saddled with the responsibility to determine the winners of disputed elections. The Imo State Judgement No doubt, the judgement of the Supreme Court in the recently decided case of Hope Uzondinma & Anor v Rt Hon Emeka Ihediora S.C 1462/2019, was a judicial tsunami in Imo State and beyond. Based on several decisions of the Apex Court, the Imo State election petition tribunal and the Court of Appeal had ruled that, in order to prove the unlawful exclusion of the results in the 388 polling units, the Appellants had to call the polling unit agents to testify to the fact that the Governorship election took place in the said units. In his minority judgement, Oho JCA held that, the onus was on INEC to prove that the results pleaded and tendered by the Appellants were not genuine. In the leading judgement of the Supreme Court read by KekereEkun JSC, the judgement of the tribunal and majority decision of the lower court were set aside, while the minority judgment of Oho JCA was upheld. It was her Ladyship's view that, the failure of the INEC to prove the allegations contained in its pleading that the results in the 388 polling units were fake or forged, was fatal to the case of the Respondents. More so, that INEC had pleaded that the genuine

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hank you for contacting me to shed light on my “Opinion” on the Supreme Court Judgement on the IMO Gubernatorial election Appeal. Unfortunately, the piece you were referring to that was credited to me was not fully authored by me, and circulation was not authorised. I was surprised, when people started sending the opinion to me for elucidation. I quickly disclaimed that on my face book page.

Femi Falana, SAN

results would be produced at the trial, which it never did. Thus, she held that: "The authorities of this court requiring the evidence of polling unit agents, polling unit by polling unit, are therefore not applicable in the circumstances." The Apex Court also faulted the rejection of the evidence of the Deputy Commissioner of Police,

“IN THE LEADING JUDGEMENT OF THE SUPREME COURT READ BY KEKERE- EKUN JSC, THE JUDGEMENT OF THE TRIBUNAL AND MAJORITY DECISION OF THE LOWER COURT WERE SET ASIDE, WHILE THE MINORITY JUDGMENT OF OHO JCA WAS UPHELD”

who tendered the collated results of the 388 polling units that were excluded by INEC. While relying on the authority of Nnadi v Ezike (1999) 10 NWLR (Pt 622) 228, the court said that the police officer was properly summoned by the Court "to show that the scores recorded therein were excluded from the Forms EC8B (ward collation results)". Since the Apex Court adduced reasons for the judgement last week, a number of Lawyers have subjected it to all manners of interpretations, in the social media. As far as I am concerned, the judgement has radically changed the nation's electoral jurisprudence. It has also taken care of Justice Pats-Acholonu's concern, that a Petitioner in a Presidential or Governorship election would need to call 250,000 and 300,000 witnesses CONTINUED ON PAGE 10

Those Criticising the Supreme Court Judgement Are Wrong My view is that, all the criticisms and attack on the personality of the Supreme Court Justices, are absolutely wrong and uncalled for. We must maintain the dignity and majesty of Judges, especially as Lawyers. We must vindicate the authority, and reverence the office. As a Lawyer, you are advised while carrying on cross-examination, not to ask any question that you do not know the answer. It is equally important that, you cannot critique a judgement that you have not read, and do not know the facts. We must isolate the Court, from political influence. Yes, I was a member of the Abia Gubernatorial appeals. Should I have an opinion? Yes. But, can say that after reading the judgement which to date I am yet to read. It is therefore, preposterous, that an opinion that was not authorised by me, is circulating on the Imo Appeals. I do not know the facts, have not seen the reasoning, and therefore, cannot comment on it. So, I advice you to ignore whatever opinions have been credited to me, and widely circulated. It was doctored and perhaps, ascribed to me, to give it relevance. In Abia case on appeal, we were asking for a rerun, while I understand that in Hope Uzodinma’s appeal, he asked for a declaration,

Ken Ahia, SAN

which he got. No two cases, are the same. The facts may seem similar, but it may have distinguishing circumstances. A court can only act on the facts, before it. It cannot go outside the case presented before it. Computation of Results Another issue that some people are making issues out of, is the computation of results. It is not correct to say that the Supreme Court or appellate courts cannot compute/collate results, as some people have argued. Where evidence is evaluated by the appellate courts and it is found that some votes were wrongly excluded or wrongly credited to the Respondent, the Appellants courts have

“INSTEAD OF TEAMING UP WITH POLITICIANS TO DISCREDIT THE COURTS, NIGERIAN LAWYERS OUGHT TO BE WORRIED THAT, OUR COUNTRY RECORDS THE HIGHEST NUMBER OF ELECTION PETITIONS IN THE WORLD” a duty to expunge those offending votes or add those results which were wrongly excluded. If the CONTINUED ON PAGE 10

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STOPPING COURTS FROM DECIDING ELECTION WINNERS

CONTINUED FROM PAGE 9

Governor of Imo State, Hope Uzodinma

Hon. Kudirat Kekere-Ekun, JSC

Former Governor of Imo State, Emeka Ihedioha

to prove the allegations of electoral malpractice. It also means that, an election petition can be proved on the basis of election results tendered properly by one or two witnesses, including police officers. Since election petition tribunals and courts cannot be substituted for the electorate, their decisions which are essentially based on technicalities have exposed the judiciary to unprecedented ridicule. Street protests are now organised, to discredit the decisions of the Supreme Court. However, Lawyers and politicians who are bent on demonising the Supreme Court, are advised to appreciate that the courts exist under a bourgeois democratic dispensation, to resolve conflicts among members of the ruling class. Contrary to the general belief, the court is not the last hope of the common man as he is barred from gaining access to the court, due to lack of financial means. Accordingly, the critics of Nigerian courts want to learn from the Plaintiff in the celebrated case of Gore v Bush 531 U.S. 98 (2000). In a split decision of 5-4, the election of George Bush was upheld by the United States Supreme Court. But, in his powerful dissenting opinion in the case, Justice John Paul Stevens said that, the court's majority decision ''can only lend credence to the most cynical appraisal of the work of Judges throughout the land''. The dissenting opinion which was endorsed by Justices Breyer and Ruth Bader Ginsburg, added:

''It is confidence in the men and women who administer the judicial system, that is the true backbone of the rule of law. Time will one day, heal the wound to that confidence that will be inflicted by today's decision. One thing, however, is certain. Although we may never know with complete certainty the identity of the winner of this year's Presidential election, the identity of the loser is perfectly clear. It is the nation's confidence in the Judge, as an impartial guardian of the rule of law.'' In his reaction to the judgement Mr. Gore said that "I accept the finality of the outcome, which will be ratified next Monday in the Electoral College. And tonight, for the sake of our unity as a people and the strength of our democracy, I offer my concession.” No doubt, Nigerian politicians are not as mature as Mr. Al Gore, to appreciate the role of the courts under a bourgeois democratic dispensation. However, with the increasing involvement of armed troops and thugs in the electoral process, the situation is getting much worse than the days of "do or die" elections. Meanwhile, electoral offenders are sacred cows. Instead of teaming up with politicians to discredit the courts, Nigerian Lawyers ought to be worried that, our country records the highest number of election petitions in the world. But, while the winners of many disputed elections may never be known, the loser which is the judiciary, will always be known. The only way

“WHERE EVIDENCE IS EVALUATED BY THE APPELLATE COURTS AND IT IS FOUND THAT SOME VOTES WERE WRONGLY EXCLUDED OR WRONGLY CREDITED TO THE RESPONDENT, THE APPELLANTS COURTS HAVE A DUTY TO EXPUNGE THOSE OFFENDING VOTES OR ADD THOSE RESULTS WHICH WERE WRONGLY EXCLUDED”

YOU CAN ONLY CRITIQUE A JUDGEMENT THAT YOU HAVE READ adding or subtraction will lead to a declaration of another person as duty elected, they have the powers to do so. Criticism v Critique I am of the firm view that, it is absolutely wrong to criticise the Supreme Court Justices or any Judge at all, over any judgement. It erodes the dignity of the judiciary, and may amount to contempt of court. A critique of judgement is allowed, and most times, leads to reversal of the position whenever the courts have an opportunity in the future to be faced with similar situation. Our society must appreciate, the fine distinction between criticism and critique. Criticism is defined by oxford dictionary as the expression

to prevent tribunals and Judges from deciding the winners of elections, is for INEC and State Independent Electoral Commissions, to conduct credible elections. Femi Falana, SAN, Human Rights Lawyer and Activist, recipient of the prestigious the International Bar Association’s Bennard Simmons Award

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of disapproval of someone or something, on the basis of perceived faults or mistakes. On the other hand, Critique is a detailed analysis of something, especially a literal, philosophical or political theory. It is also said to be a method of disciplined, systematic study of a written or oral discourse. Therefore, in order to critique a work or judgement, you must have the facts and the reasoning, before you can come to an informed decision of the judgement. With respect to the Supreme Court, judgement, people are only criticising and not critiquing, and are therefore, wrong. Finally, let me conclude by saying that, the Supreme Court should not be unfairly vilified - the work load is too much. Too many briefs

“THE SUPREME COURT SHOULD NOT BE UNFAIRLY VILIFIED - THE WORK LOAD IS TOO MUCH. TOO MANY BRIEFS AND RECORDS TO READ. A SITUATION WHERE BRIEFS ARE FILED AND EXCHANGED WITHIN A STIPULATED TIME FRAME, IS WRONG. RECORDS RUNNING INTO SEVERAL THOUSANDS OF PAGES, IN MORE THAN 10 VOLUMES. THERE IS NO WAY A SLIP CANNOT HAPPEN, WHEN 10-13 CASES ARE LISTED FOR HEARING IN A DAY”

and records to read. A situation where briefs are filed and exchanged within a stipulated time frame, is wrong. Records running into several thousands of pages, in more than 10 volumes. There is no way a slip cannot happen, when 10-13 cases are listed for hearing in a day. What time do they have to read those briefs, and relate them to exhibits? The workload is inhuman, and we’re talking about jurists, individually all above 60 years of age. Recommendation I have been a member of an election tribunal as a tribunal member, and I have several years’ experience in election litigation. My recommendation is that, while the time limit remains the same, Gubernatorial election petitions should stop at the Court of Appeal level, with a panel to be headed by a Supreme Court Justice. There are more jurists at the Court of Appeal level, to handle the cases. The Constitution and Electoral Act, should be amended to accommodate a Special Election Petition Final Appeals Panel. This could be hybrid of five man panels, made up of four court of Appeal Justices and one Supreme Court Justice as Chairman, to act as a final appeal in the Gubernatorial election petition. Otherwise, the number of Justices in the Supreme Court, should, as a matter of urgency, be increased by an amendment of the Constitution, to ensure that, at any given time, there are complete three panels with not less than three alternates. Ken Ahia, SAN, Counsel in the Governorship appeal at the Supreme Court

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FROM THE BACK OFFICE JOY HARRISON-ABIOLA

ibejiiya@gmail.com

Any Vision for Your Practice?

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he age-old dispute whether law is a noble profession or a business, has been long laid to rest. Law firms are set up for the practice of law and to render legal services, just as hospitals are set up to render medical services. However, highlighting the importance of the administrative and business aspects of the law profession, does not diminish its nobility. There are the professional aspects, and the business aspects of the law. Only a well-run business, can be an efficient and successful professional firm. Law is both a noble profession and a multi billion Dollar business. The Financial reports (2018 gross revenue) of a few law firms sufficiently attest to this fact -Kirkland & Ellis USD 3.76 billion, Latham & Watkins USD 3.39 billion, Baker & McKenzie USD 2.9 billion; DLA Piper USD 2.84 billion, Dentons USD 2.42 billion. Wachtell, Lipton, Rosen & Katzs’ turnover in 2018 -USD 763 million; $6.530,000 in profits per equity partner. Kirkland & Ellis profits per partner $5,037,000; Latham & Watkins $3,452,000, DLA Piper $1,757,000 The sizes and corporate structures of these firms, also underscores the importance of the business and administrative aspects of law practice. In the UK, despite the uncertainties of Brexit and the much touted impending recession, The Lawyer (a UK based legal research magazine) – reported that, well-managed law firms continue to thrive in their practices and benefit from new opportunities in the UK. The research magazine published the 2019 gross revenue of 200 top UK law firms - DLA Piper was at the top of the list, with a revenue of £1.946 billion, followed by Clifford Chance £1.693 billion, Linklaters £1.628 billion, Allen & Overy £1.627 billion, etc. Coming home to Nigeria, though we are bereft of statistics on law firms, the financial value of a few reported legal transactions sufficiently proves that, law is both a profession and a business. The Business of Law From the business of law perspective, a law firm is made up of a group of people working together to deliver legal services for profit. A law firm is a vehicle formed to earn profits that will increase the wealth of its owners, all stakeholders and the community in which it operates. A law firm is an organised effort or activities by Lawyers working together to provide legal solutions, with the intention of building a going concern, an enduring entity. From the business of law perspective, a law firm is a professional service that must be taken to the market (consumers); therefore, it is subject to the market forces of supply and demand. Consequently sound technical knowledge alone – howbeit in Latin and English (Certiorari, Ad litem, Habeas corpus etc.), legalese, wig and gown, the gavel, and other sacred ornaments of the legal profession alone, do not guarantee the success of a law firm. A Law firm should be run on sound business skills, knowledge and practices, to ensure its financial sustainability. No law firm can survive and thrive, without the combination of multi- disciplinary skills and professionals, which the changing aspects of

which is essential for business sustainability. From the Back Office From the Back Office, will be focused on Law as a business. My name is Joy Harrison-Abiola, I have spent 21 years at the backend of law offices, and have made some very interesting observations. Also, through the years, I have had the privilege of interacting with non-Lawyer (some Lawyers) colleagues both in Nigeria and abroad, who, like me, have spent years at the backend of law offices. These very seasoned business support professionals have shared their frustrations, observations and war stories, that have helped in my journey. So, I will be showing on this page, what constitutes the back office of a law firm and how it can be effectively harnessed, to make a law firm successful and sustainable. law practice today demands. Front or Backend? Every business has a frontend, and a backend. Law is no exception. There are the professional aspects and the business aspects, of the law practice. The professional aspects – constitute the frontend, and the business aspects constitute the backend. Is the frontend of a business more important, than its backend? Can the backend be overlooked or compromised, without consequences? In business, the quality of the backend heavily impacts the frontend. What constitutes the backend of a law firm? The “messy little details” like human resources, people or talent management, recruitment, retention, training and development, welfare, compensation, performance management, career progression and development, succession planning. Office Acquisition, facilities management, space planning and ergonomics. Strategy, visioning, policy formulation, goal setting, mission and objective. Procurement, Logistics, operations, file management. Library and knowledge management. Business/client development, value proposition, branding, website, social media, market collateral – brochures and newsletters. Finance – budgeting, profit drivers, pricing, fee setting, billing and collection, cashflow management, tax, insurance, cost control and internal audit. Governance and structure. Information technology Practice support systems; Computer hardware and software systems, Electronic privacy issues, Disaster management and Business Continuity Processes, Document and Knowledge Management Systems, Artificial Intelligence, disruptive innovation like the commoditisation of legal services etc. The Balancing Act Many law firms struggle with,

balancing the professional and business aspects of running their practice. Law practice have some inherent peculiarities that may pose as road-blocks to running a successful business. For instance, law firms are usually populated with very intelligent, opinionated and individualistic professionals. Independence is highly prized by Lawyers. This is not a bad thing in itself, but it can make governance a nightmare. Also, law firms can have highly politicised internal structures and decisions are usually consensus driven, which again, can make governance a nightmare. After “all said and done”, nothing is usually done, because Lawyers can have a particular strong aversion to taking directions – and management and administration is usually about directing, planning, innovating. Law firms can be individual client focused, with power usually based on client/revenue generation, which is dangerous for firm cohesion. Another threat to law firm cohesion, is the argumentative, competitive. adversarial and even sometimes combative tendencies of Lawyers. Further, law firms usually are shortterm focused, bottom-line focused and with a poor investment mindset. In addition, it has been observed that, Lawyers are usually risk averse. Another peculiarity is that, most law firms have few role boundaries. It is typical to find Lawyers in firms who want to be the accountant, admin manager and human resources manager at the same time. Even some partnerships do not have and respect, clearly defined roles. Unclear roles is the recipe for confusion, in business. Importantly, running a successful business, requires a lot of creativity and nimbleness. Law firms however, are usually bound by precedents, are conservative, intolerant of mistakes - are trained to detect mistakes, impatient and pressurised because of deadlines. All these stifle creativity,

“A LAW FIRM SHOULD BE RUN ON SOUND BUSINESS SKILLS, KNOWLEDGE AND PRACTICES, TO ENSURE ITS FINANCIAL SUSTAINABILITY. NO LAW FIRM CAN SURVIVE AND THRIVE, WITHOUT THE COMBINATION OF MULTIDISCIPLINARY SKILLS AND PROFESSIONALS, WHICH THE CHANGING ASPECTS OF LAW PRACTICE TODAY DEMANDS”

The Trouble with Vision A few years ago, I visited the back office of the 11th largest law firm in Boston USA – Burns & Levinson, at the invitation of its CEO. I spent a couple of days there. So, I had the privilege of sitting down with one of its founders, and of course, my question was about Vision. What inspired the setting up of the firm, in 1960? The “old man” gave me some very interesting perspectives, on how they have navigated the very rocky American law business terrain for 50 years holding unto their vision. What is vision? Is there a relationship between vision and law practice? Does a vision drive a law firm or not? Is vision essential to the survival of a law firm? Who gets the vision? Is it essential that the vision is written and documented somewhere for easy reference? Who drives the vision? How is a vision communicated? Is it possible for a law firm to operate without a vision? What is the vision of your law firm? Where is your law firm going? How far do you want to take your law firm? What will the destination look like? How will you know when you get there? A vision is an inspirational and aspirational destination, on the horizon. The trouble with vision is that, it is the thing Lawyers typically omit to do, when opening their law practice. Law firms ignore the articulation of a vision, for their firm. You find vision in very few law firm websites, or marketing collaterals. Meanwhile, Vision, if well crafted, contributes to your brand – it has a way of carving out an identity for a firm – what it does, what it wants to become, and what it believes in. Another trouble with vision I have observed from the back office, is that even when a law firm articulates a vision, the vision is not translated to a shared corporate vision. Most Lawyers lack the skill or the will, to do this. Why is vision, mission, values and a strategy document vital in business? The short answer is that, without these, there is no direction, or there are several directions and confusion and wastage of resources follows. A good vision articulate’s the firm’s ultimate goals and objectives, in a way that inspires and moves the firm in a specific direction. Any law firm that ignores this, will do so at its detriment. A law firm that is serious about growth and success, will pay attention to corporate visioning.

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Minimum Wage: The Debt – Revenue Question This allocution by Dr Kayode Ajulo, seeks to appreciate the imperative of reviewing the sharing formula of revenue accruing to various States vis-a-vis the autonomy of local government administration in Nigeria, and the position of relevant laws on the sharing formula, with regard to revenue accruable to the three tiers of government from the Federation Account

I

t’s a known fact that Nigeria operates a federal system of government, with each federal unit enjoying some form of autonomy as provided for by the 1999 Constitution of the Federal Republic of Nigeria (as amended)(“the Constitution”).

Background Recently, there were hues and cries by the Nigerian Governors Forum and some concerned citizens, on the need to review the sharing formula of revenue accruing to the various States vis-a-vis the autonomy of the third tier of government (Local Government), especially as it relates to revenue accruable to it from the Federation Account. It is pertinent to recall that, the renewed agitation and clamour by the Nigerian Governors Forum for the review of sharing formula of revenue accruing to various States, is not far from the statements by some State Governors of their inability to pay the N30,000.00 minimum wage to their State workers, in the light of the looming economic downturn and realties. Recently, in an interview, Governor Seriake Dickson of Bayelsa State lamented that the minimum wage is a serious issue in the country. According to him, some States cannot pay the 18 percent minimum wage, because of the existing revenue sharing formula between the federal and other tiers of government. As a result of the above, various States have resorted to debt financing, to implement various projects and pay workers’ salaries. This has resulted in an increase in the debt ratio of various States across the Federation. According to the World Bank, 40 per cent of low income developing countries are either in debt distress, or at high risk of default. The Debt Load of the Nigerian States It is quite apparent that, most States in Nigeria have huge debt loads, with very low revenue generation. While debt is soaring, most States apparently depend on more debt to execute any meaningful developmental projects. (Top 10 States debt ratio according to NairaMetrics.com). Lagos State: As of 2019, the total debt portfolio of Lagos State stood at N980 billion. Data from sources have shown that, the domestic debt of Lagos at the end of March 2019 was estimated at N542 billion. Without doubt, the State is Nigeria’s trade centre with the Apapa seaport that controls almost 90 per cent of goods that flow in and out of the country. However, on the revenue side, the recent Internally Generated Revenue (IGR) data from the National Bureau of Statistics (NBS) showed that, Lagos State generated the sum of N382 billion in 2018. This is the biggest across the States, but it only covered 70 per cent of domestic debt. Rivers State, is Nigeria’s second most indebted State. The State is one of Nigeria’s major oil-producing States, and scoops monthly 13 per cent derivation from the Federal Government. Rivers State’s total debt stands at N249 billion, while domestic debt is biggest at N225.5 billion. On the other hand, the State generated N112 billion IGR in 2018. Measuring its debt against revenue, it means that the State’s revenue can only pay 49.9 per cent of the huge domestic debt, while the external debt is hanging. Delta is third on the list, with an estimated N242 billion, out of which domestic debt gulps N223 billion. Delta is equally an oil-producing State with 13 per cent monthly derivation allocation, and several international oil corporations. More worrying statistics are derived, when comparing the State’s debt stock to its IGR. Basically, Delta State’s reported IGR in the year 2018 was put at N58 billion. This means that the State’s IGR represents only 26 per cent of its domestic debt. Cross River State’s debt was estimated at N225 billion, in March 2019. It generated N17 billion IGR in 2018, and this put the State’s revenue at 10 per cent of N167 billion domestic debt. For Akwa-Ibom State, the total domestic debt owed as of March 2019, was N199 billion. In total, Akwa- Ibom owes N213 billion. This is another oil-producing State, with billions received monthly from the Federal Government. Comparing the State’s total debt stock against its IGR of N24 billion, its annual IGR is just 12 per cent of domestic debt accrued. Osun State’s total domestic debt as of March 2019, was estimated at N147 billion. When compared with the State’s IGR of N10 billion, it means that Osun State’s IGR only covers 7 per cent of the domestic debt owed. In total, Osun owes N178 billion debt to rank 6th on the list. Federal Capital Territory (FCT), is the 7th most indebted State in Nigeria. The domestic debt accruable to it as of the end of March 2019, was estimated at N193 billion. On the other hand,

Chairman, Nigeria Governors' Forum, Dr Kayode Fayemi

IGR generated in the year 2018, was N65 billion. This implies that, FCT’s revenue covers just 40 per cent of its domestic debt. The total domestic and external debt owed by FCT, stands at N173 billion. Edo is the 8th in Nigeria, with the biggest debt accumulated in the country. Edo’s domestic debt stands at N88.3 billion, with IGR put at N28.4 billion. This means that the State IGR, covers only 32 per cent of its domestic debt. In total, Edo owes N171.2 billion. Kaduna is one of the main commercial cities, in Northern Nigeria. According to the debt statistics, the State’s domestic debt profile was estimated at N121 billion, with IGR estimated at N44 billion. This means that the State’s IGR can only offset 36 per cent of the debt. In total, the State’s debt stands at N162.9 billion. Bayelsa and Ekiti States, owe N150 billion each; thereby making the 10th on the list. Bayelsa is also one of Nigeria’s oil-producing States. Reports show that, as of the end of March 2019, the State’s domestic debt stock was N147 billion, while IGR in 2018 stood at N13 billion. This means that the State’s IGR, only covers 10 per cent of the huge debt profile. In total, Bayelsa owes N150 billion. According to DMO’s report, Ekiti’s debt was also put at N150 billion in March 2019, with IGR estimated at N6.6 billion only, in 2018. This means that its IGR can only offset 5 per cent of its domestic debt of N118 billion. According to the data above, Lagos recorded the largest IGR, and simultaneously accumulated the biggest debt. Asides Lagos, most States depend on either more borrowing or monthly allocations from the Federal Government, to even pay workers’ salaries. Debt-Revenue Issue Recently, in order to ease off the debt-revenue issue, States began to push for a review of the revenue sharing formula that would improve their share of monthly allocation. Apparently, the States and the Federal Government, now largely depend on borrowing. This is appalling, as some States have plunged into huge debt, without major infrastructural face-lifting. Also, most of the debts acquired by these States, are from external sources. Hence, from the monthly Federal allocation to the States, a portion of it is always deducted to service the acquired debt, while the huge debt remains. It is, therefore, imperative to review the revenue sharing formula, in order to minimise States’ debt ratio, and maximise revenue accruing to each State.

“ACCORDING TO THE WORLD BANK, 40 PER CENT OF LOW INCOME DEVELOPING COUNTRIES ARE EITHER IN DEBT DISTRESS, OR AT HIGH RISK OF DEFAULT”

Laws on Revenue Sharing Formula The Constitution provides that, the Federal Government shall maintain a special account to be called “The Federation Account”, into which shall be paid, all revenues collected by the Government of the Federation, except the proceeds from personal income tax of the personnel of the armed forces of the Federation, the Nigeria Police, the Ministry or Department of Government charged with responsibility for Foreign Affairs and the residents of the Federal Capital Territory, Abuja. See Section 162(1) of the Constitution. It is imperative to note that, all monies standing to the credit of the Federal Government of Nigeria in the Federation Account, belong to the three tiers of Government – Federal Government, State Governments and Local Government Councils – and, as such, are to be shared between these three tiers of government, with an additional 13 per cent for oil- producing States as derivative revenue. Nigeria’s revenue-sharing formula is as follows: every month, the Federal Government takes the lion share of 52.68 per cent from the Federation Account. The 36 States take 26.72 per cent, while the balance of 20.60 per cent is handed to the 774 local governments in the country. See Allocation of Revenue (Federation Account) Act 2003. It suffices to add that, since independence, the revenue sharing formula can neither be said to be equitable nor efficient, as the internal revenues generated by each State are largely dependent on civilisation, population, infrastructural development and number of foreign investments in the State. According to data from the Nigerian Bureau of Statistics, in the first half of 2019, Lagos State led the collection table with N263.25 billion, while Rivers collected N151.8 billion. FCT generated N72.8 billion, Bayelsa N71.6 billion, Kano N58.5 billion, Kaduna N54.7 billion and Ogun N48 billion. Edo State generated N47.3 billion, Ondo N47.2 billion, Oyo N42.1 billion, Sokoto N38.8 billion, Benue N38.1 billion, Imo N37.4 Billion and Kwara N36.6 billion. At the lowest rung of the ladder are Ekiti with N25 billion, Gombe N21.7 billion and Osun N20.2 billion. It is, therefore, apparent that, the ability of various States to pay the N30,000 minimum wage, would only depend on the revenue generated by it. It is also clear that, some States, especially the ones on the lowest rung of the ladder of IGR, may find it difficult to implement the payment of the minimum wage. Hence, there is a need to review the sharing formula, in order to make room for equal distribution of wealth among the various States of the Federation. Autonomy As stated above, in a Federation, there exist elements of autonomy among the three tiers of government, namely – Federal, State and local government. The Constitution recognises the autonomy of the local government, which means that States should have no business with the coffers of the local governments, and the Federal Government should have nothing to do with how States allocate their resources for developmental or infrastructural projects. More importantly, in recognition of the distinction between the State governments and local government councils and their respective funds, the Constitution provides in Section 162(6) thereof that: “Each State shall maintain a special account to be called “State Joint Local Government Account”, into which shall be paid all allocations to the local government councils of the State, from the Federation Account and from the Government of the State. It is a general principle of the law of great antiquity that, where the words of the Constitution or statute are not ambiguous, they are to be given their literal interpretations. Upon a community reading and interpretation of the provisions of Section 162(5) and (6) of the Constitution, it suffices to state that, even though the State government is constitutionally empowered to collect the funds due to local government councils within their area of jurisdiction, such funds are not to be paid into the account of the State Government or to any other account whatsoever; rather such funds are to be paid into the “State Joint Local Government Account”. See 162(5) and (6) of the Constitution. The said provision of Section 162(5) and (6) of the Constitution is mandatory, and must be complied with, and the operative word in the aforementioned section is, “shall” and the word “shall” is carefully chosen by the draftsmen. It is trite that, where the provision of a statute is garbed with the word “shall”, it connotes that it is imperative that the provision is mandatory, and must be obeyed. This is so because the word “shall”. is a word of command. It imposes a duty, and makes the provision mandatory. Dr Kayode Ajulo, Principal Partner, Castle Chambers, Abuja

28.01.2020

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COMMUNIQUE ISSUED AT THE END OF THE MAIDEN NATIONAL WORKSHOP ON THE EFFECTIVE IMPLEMENTATION OF THE NIGERIAN CORRECTIONAL SERVICE ACT, 2019, HELD FROM 25TH - 27TH NOVEMBER, 2019 AT FRASER SUITES, ABUJA 1. PREAMBLE Following the enactment and signing into law of the Nigerian Correctional Service Act (NCSA) 2019, the Federal Ministry of Justice in collaboration with the Presidential Committee on Correctional Service Reform and Decongestion, the Ministry of Interior and the Nigerian Correctional Service convened a 3-day workshop for the sensitization of critical stakeholders on the provisions of the Act. The NCSA, 2019 replaces the Prison Act (PA) Cap. P29, Laws of the Federation of Nigeria, 2004 and addressed the shortcomings of the Prison Act. This Communiqué was issued by Participants at the end of the Workshop 2. OBJECTIVES OF THE WORKSHOP The aim of the workshop was to sensitize critical stakeholders on the provisions of the Act and to develop a Strategic Action Plan (SAP) for the implementation of the Act setting out immediate, short, medium and long term measures required for the implementation of the Act especially with regards to Non - Custodial Measures across the country. 3. PARTICIPATION The workshop brought together relevant stakeholders in the administration of criminal justice from the Federal and State levels including Judges, Magistrates, Attorneys-General, Federal Ministry of Justice, Ministry of Interior, Nigerian Correctional Service Officials, Law Enforcement Agencies, Rule of Law Experts, Civil Society Organisations. Other stakeholders at the event include the European Union, the United Nations Specialized Agencies and Development partners. The workshop was supported by the European Union, United Nations Office of the High Commissioner for Human Rights (OHCHR), and the Bureau of international Narcotics and Law Enforcement, United States Embassy. 4. THE THEME OF THE WORKSHOP AND DELIBERATIONS The Workshop had the central theme, “Towards Effective Implementation of the Correctional Service Act, 2019”. There were deliberations on a good number of issues and sub - themes including the following (1) Overview of the Correctional Service Act, 2019 (2) Non-custodial Measures (Restorative Justice, Community Service, Administration of Juvenile Justice and Women Prisoners, Rehabilitation and Re-integration) (3) International Best Practices in Non-Custodial Measures (4) The Canadian Model, etc (5) Understanding Custodial Service: Legal and Institutional Framework under the Nigerian Correctional Service Act, 2019 (6) Gender Specific Issues for Women in Detention (7) Juvenile Offenders Under the Nigerian Correctional Service Act, 2019 in comparison with the Child Rights Act, 2003 and the Administration of Criminal Justice Act (ACJA), 2015 (8) The Detention of Awaiting Trial Persons: The Nigerian Correctional Service Act, 2019 as a Tool for Decongestion – Challenges and Prospects The Workshop was anchored by notable speakers including Prof. Muhammad Tawfiq Ladan (DG NIALS), Prof Yemi Akinseye-George SAN, Prof. Muhammad Tabi’u SAN, Prof. Etannibi Alemika, Mr. Olawale Fapohunda (Honourable Attorney General, Ekiti State), Dr. Martin Ejidike (Senior Human Rights Adviser to the UN Resident Coordinator and UN Country Team in Nigeria), Leticia Ayoola-Daniels (Head, Correctional & Reform Unit and Secretary Presidential Committee on Correctional Service Reform and Decongestion), P.C.Okorie of the Nigerian Law School, Bwari, Abuja, Dr. Uju Agomoh (PRAWA),Dr. Ifediorah W. Orakwe, Controller of Prisons (Rtd.), Dr. Agada Elachi, Fr. Ambrose Ekeroku, Mr. Godwin Iheabunike (FMOJ), and Mr. Sylvester Uhaa (CURE-Nigeria). 5. OBSERVATIONS The Workshop observed inter - alia that (a) there is the urgent need for the development of Implementation Strategies for the NCSA, 2019; (b) the State Governments should be involved in the implementation of the Act; (c) the implementation of the Act requires sufficient funding; (d) the Roles of Non-Custodial Officers in Parole, Community Service, Probation, Restorative Justice etc are not clearly defined; (e) there is the need for continuous synergy and collaboration amongst the Nigerian Correctional Service, the Presidential Committee on Correctional Service Reform and Decongestion and other stakeholders towards effective implementation of the Act; (f) currently, Correctional Service Officers do not have the requisite training and on-the-job experience to cope with the enormous responsibilities bestowed on them in the Act in the area of Non-Custodial Measures hence the need for in-depth training;. (g) the Nigerian Correctional Service currently houses male and female inmates in the same facility in separate Units, hence the need to revisit issues bordering on classification of Correctional Centers and inmates. (h) there is no existing forum or platform that would ensure the implementation of the recommendations from this workshop; (i) the Prisons remaining on the exclusive list may not serve the best interest of the Country; (j) there is no up-to-date central database on persons in various detention centres in Nigeria; (k) there is the need for a new Sentencing Guidelines on Non-Custodial Measures in line

(l)

with the provisions of the Act; and Certificate of good behavior should amount to ‘something’.

6. RECOMMENDATIONS The Participants recommends as follows (a) there should be an Implementation Strategy and Action Plan for the effective implementation of the Nigerian Correctional Service Act, 2019; (b) the National and State Committees on Non-Custodial Measures should be constituted by the Executive and Legislative Arms of Government without further delay; (c) there should be periodic interface amongst the Honourable Attorney-General of the Federation and Minister of Justice, Minister of Interior, the Controller-General of the Nigerian Correctional Service as well as other critical stakeholders at the Federal and State levels towards the implementation of the non-custodial measures under the Act; (d) the Correctional Service may consider and appoint a Change Consultant to guide on appropriate infrastructural, human resource and operational plans as well as monitor the activities of the Correctional Service to give feedback to Government for necessary evaluation with regard to the implementation of Non-Custodial Measures; (e) a blueprint for proper funding through a special intervention take – off fund should be initiated by the Change Consultant for the Ministers of Interior and Federal Ministry of Justice to place before the government which should identify tools required by judicial and correctional service officers to implement the Act; (f) the Non-Custodial Service Officers should be present and have an office in every court to report on potential cases for pre-trial, probation and parole for Judges to decide and the officers should liaise with Police and community component to ensure the execution of Non-custodial Sentences passed by the Judge; (g) the Controller-General of the Correctional Service should work out modalities for collaborating with the Presidential Committee on Correctional Service Reform and Decongestion of Correctional Centres, the Bank of Industry, Ministries of Industry Trade and Investment, Agriculture, the Central Bank etc under the leadership of the Ministry of Interior to attract top international investors to tap from opportunities in Correctional Service Agricultural Farms and Correctional Service Cottage Industries for the production and Processing of Agro products, textiles, military uniforms etc as a platform to support community service and other non-custodial measures; (h) the Controller-General should establish more modern skills acquisition centers, Borstal institutions, Correctional farms and Correctional industries in every state of the Federation in collaboration with other stakeholders; (i) there is the immediate need for the intensive training and capacity building of the Correctional Service Personnel and improving their conditions of service including the payment of special allowances to boost their capacity, productivity and morale; (j) the time has come for a conversation or objective assessment on whether the Nigerian Correctional Service should remain under the Ministry of Interior, have its own Ministry, moved to the Ministry of Justice or under the Presidency; (k) the Controller-General of the Nigerian Correctional Service should, as a matter of urgency, properly designate separate male and female borstal training institutions for Juvenile offenders; (l) Social media platforms should be set up for the Monitoring and Evaluation (M&E) of the implementation of the recommendations made by Participants at the Workshop; (m) Prisons (Correctional Services) should be moved from the exclusive to the concurrent list to enhance the participation of State Governments in Correctional services; (n) there is an urgent need to generate data and keep on persons in detention facilities all over Nigeria; (o) New Sentencing Guidelines for Non-Custodial Measures should be issues starting from the Federal Capital Territory as a pilot scheme and later extended to other States; (p) there is the need for International Agencies, especially the United Nations to support the capacity building of Correctional Officers including the use of UN experts in the implementation process for comparative experience; (q) ‘Certificate of Good Behavior’ should translate into recommendation for ‘pardon’ or ‘clemency’; and (r) there is the need for the harmonization of the Child Rights Act, 2003, the Administration of Criminal Justice Act, 2015 with the provisions of the NCSA, 2019 with respect to issues bordering on the rights of the child. MADE AT ABUJA THIS 27TH DAY OF NOVEMBER, 2019.

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28.01.2020

The 0.005% Nigeria Police Trust Fund Levy: Legal Issues on Compliance and Enforcement This article by Dr. Jerome Okoro, discusses the Nigeria Police Trust Fund (Establishment) Act, which was signed into law on June 24, 2019, with the key objective of establishing a fund, to cater for the training and provision of security equipment and related facilities, for the Nigeria Police Force. He identifies and discusses some of the provisions of the law, which he considers to be vague

T

he Nigeria Police Trust Fund (Establishment) Act (the Act), was signed into law on June 24, 2019. Its key objective, is the establishment of a fund to cater for the training and provision of security equipment and related facilities for the Nigeria Police Force. Section 4(1) of the Act creates seven sources of funds for this purpose, but the trending and controversial aspect of the fund is the “levy of 0.005% of the net profit of companies operating business in Nigeria” as provided in Section 4(1)(b). While the introduction of this levy has been roundly criticised for heightening the tax burden of doing business in Nigeria, the major pitfall of the enabling law, lies in the vagueness of its key terms, which may greatly impede enforcement of the levy. This piece identifies and discusses, some of the vague provisions of the law. Who is Liable to Pay: The Scope of “Companies Operating Business in Nigeria” By Section 4(1) (b) of the Act, the 0.005% levy shall apply to “companies operating business in Nigeria”. The Act failed to define this expression, and hence created the question: Which companies are in the purview of those “operating business in Nigeria”; or when can a company be said to be “operating business in Nigeria”? By virtue of the Companies and Allied Matters Act (CAMA), only companies incorporated in Nigeria and those expressly exempted from such incorporation, can legitimately operate business in Nigeria. Section 54 of CAMA forbids a foreign company to carry on business in Nigeria until it is registered in Nigeria, with the exception of foreign companies in certain categories who obtain Presidential exemption from the requirement of incorporation under Section 56 of CAMA. Section 60 (a) of CAMA however, emphasises that the companies so exempted from incorporation, are not by that reason, further exempted from other enactments or rule of law. Section 60(a) implies that foreign companies operating in Nigeria with exemption from incorporation under CAMA, just like all companies incorporated in Nigeria, are subject to other Nigerian laws besides CAMA, which include the Police Trust Fund Act. But, it is not only the two categories of companies captured above, that derive business profits from Nigeria. Tax law, precisely the Companies Income Tax Act (CITA) identifies and subjects to tax, non-resident companies which, though not by themselves operating in Nigeria, nonetheless derive profits from Nigeria through their related entities that are resident in Nigeria. CITA in its Section 9, taxes the profits of any company accruing in, derived from, brought into, or received in Nigeria, while its Sections 13 and 30 rope

While it may be convenient to place management of a trust fund on an ad hoc body, assessment and collection of taxes and levies can only be efficiently discharged by an agency of professionals, with the requisite technical competence. This necessity becomes emphatic in the case of the Police Trust Fund Levy, when the nebulous term, “net profit” which is key to the levy as discussed above, is considered. Only a specialised body like the Federal Inland Revenue Service (FIRS), can properly assess 0.005% of the net profit of companies for collection. It was for such consideration, that the Tertiary Education Trust Fund Act set up an ad hoc body to administer the fund, but still vested the assessment and collection of Education Tax under that Act in the hands of FIRS. That should have been the direction, of the Police Trust Fund Act.

Inspector General of Police, Mohammed Abubakar Adamu

into tax the profits of non-resident companies earning profits in Nigeria through fixed bases or dependent agents, or executing turnkey projects. Would the Police Trust Fund Levy, also apply to such non- resident companies earning profits in Nigeria? There are two reasons, why it may not. Firstly, while CITA subjects the nonresident companies to tax, and sets out clear modalities for the assessment of the tax, the Police Trust Fund Act does neither. CAMA’s Section 54 clearly delimits the scope of companies operating business in Nigeria, while its Section 60(a) subjects the companies so-defined, to the effect of other laws. Therefore, any other law that intends to create an additional category of companies to the range set by CAMA, must expressly state the new category. CITA expressly added a new category by capturing non- resident companies deriving profits from Nigeria, through resident entities. The Police Fund Act expressed no such intention,, and so the Nigerian profits of non-resident companies cannot be subjected to the Police Trust Fund Levy by mere assumption. Secondly, taxation of the global profits of Nigerian companies and the Nigerian profits of non-resident companies under CITA, is palliated by several measures. One is the Double Taxation (Avoidance) Treaties, which guard against multiple taxation of the same

“......THE POLICE TRUST FUND ACT SETS NO PARAMETERS FOR DETERMINING THE “NET PROFIT” OF THE COMPANY, UPON WHICH THE 0.05% WOULD BE COMPUTED; NEITHER DOES IT STIPULATE, WHEN THE LEVY WOULD BE DUE AND PAYABLE..... THE ENABLING LAW OF THE POLICE TRUST FUND LEVY, IS YET ANOTHER STATUTORY HAZE AROUND NIGERIAN TAXES AND LEVIES”

profit across tax jurisdictions. There are no such palliatives in the Police Trust Fund Act, if the Police levy is to transcend national boundaries. What is to be Paid: The Scope of “Net Profit” If the ambit of companies liable to the levy is resolved, a knottier complexity still lies in determining what is to be paid as the levy. Section 4(1) (b) of the Act subjects the “net profit” of companies to the 0.005% levy, without defining the term “net profit.” Net profit could be profit before tax, with the deductibles that are allowed for income tax computation. Contrariwise, it could be profit after tax. The Act also failed to specify the sources of profits, liable to the levy. It sets no parameters for the determination of net profit for the purpose of the levy, without which, the levy cannot be enforced. No specific deductions are required, before net profit is arrived at. CITA elaborately states the sources of the profits that it taxes, and provides the modes of computation, with the allowable deductions that precede taxation. With this silence of the Police Trust Fund Act on the scope of “net profit”, grave challenges would be encountered in assessing companies to the levy. The foreseeable contentions would be: what is the net profit of which 0.005% should be paid? which deductions would result in the net profit to be taxed? and what computation would yield the net profit for the purpose of the levy? Technical Competence to Assess and Collect the Levy The Act creates yet another hitch to its objectives, by only setting up a body that would manage the fund. This body, designated the Nigerian Police Trust Fund is empowered by Section 6(1)(a) of the Act, to receive all moneys accruing to the fund, and by implication, to assess and collect the Police Trust Fund Levy.

Enforcement Provision The efficacy of a law, is mostly founded on its sanctions. What are the consequences of non- compliance with the Police Trust Fund Act? The Act is silent on mode of enforcement of the levy, and consequences of non-compliance. The effect of these omissions, is far-reaching. Criminal and civil liability for breach of a law, more so, a revenue-based law, must be expressly provided for, and never implied. That is why tax law makes elaborate provisions on enforcement mechanisms, and also creates specific offences and punishments. Section 36(11) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the famous case of Aoko v Fagbemi (1961), I All N.L.R. 400 remain bases for the principle that, no one can be punished for an offence unless the offence and its attendant penalty are spelt out in the law. The ambiguities on “net profit” and companies liable to the levy, worsen the enforcement obstacles in the case of this levy. As highlighted earlier, the Police Trust Fund Act sets no parameters for determining the “net profit” of the company, upon which the 0.05% would be computed; neither does it stipulate, when the levy would be due and payable. In comparison, Companies Income Tax becomes due and payable, after laid down preliminaries under CITA. Even when the tax is so due and payable, FIRS must still resort to statutory procedures in moving against a company that fails to comply voluntarily. Conclusion Added to the financial burden posed by taxes and levies on individuals and businesses in Nigeria, is the equally onerous task of unravelling ambiguities of the enabling laws. The enabling law of the Police Trust Fund Levy, is yet another statutory haze around Nigerian taxes and levies. By judicial standpoint, a revenue law, in order to yield revenue, must be explicit and precise on the liability it intends to impose. Hence, it is trite that, ambiguities in taxing legislations are resolved in favour of the taxpayer. In Authority v. Regional Tax Board (1970) NCLR 276 at 286, Lewis JSC did not mince words to state that: “No tax can be imposed on the subject, without words in an Act of Parliament clearly showing an intention to lay a burden on him.” Judicial treatment of the ambiguities encircling the Police Trust Fund Levy, will unfold with time. Dr. Jerome Okoro, Partner in charge of Litigation, Tax and Energy Law, Hermon Legal Practitioners, Lagos

28.01.2020

THE LIGHTER SIDE/15

LEGAL HUMOUR What do dinosaurs and decent Lawyers have in common? They're both extinct. ˾˾˾

We Hold Your Brief JUDE IGBANOI jude.igbanoi@thisdaylive.com Dear Counsel, My niece who lives with me, has just been discharged from the hospital after three days of treatment of injuries she sustained, after repeated beatings from her boyfriend with whom she went to spend the weekend. It was so bad that, the Police had to come and record her statement from her hospital bed. It was while listening to her, that I discovered that this had happened before and she had kept me in the dark. However, my worry is the way the Police are handling the matter. I don’t know what the boyfriend told them, but they seem to have concluded that it’s a minor disagreement between lovers, and this is quite painful and annoying. At the hospital, someone who had a similar experience told my wife that, the Lagos State Government has a new law against these kind of offences, yet the Police is pretending not to be aware of the seriousness of the offence. Please, advice. S.O., Agege, Lagos. Dear S.O., Indeed, the Lagos State Government out of exigency, enacted the PROTECTION AGAINST DOMESTIC

VIOLENCE LAW (2007) which was passed into law on May 8, 2017. This law prohibits all forms of Domestic violence, especially those perpetrated by partners or persons who cohabit. Its provides specifically for this in Sections 3,4 and 5. It also empowers the courts to make protective orders, to ensure the safety of the victim. Interestingly, this law contemplates domestic violence in all forms, including physical abuse, sexual abuse, starvation, emotional, verbal and psychological abuse; economic abuse and exploitation, intimidation, harassment amongst others. Consequent upon this law, a Domestic and Sexual Violence Response Team (DSVRT) was set up, to help actualise the objective of the Law. The prevalence of these acts within our society cannot be overlooked, and Lagos records an average of 210 of such cases every month. This might actually be under-reported. The Team also provides professional Psycho Social Therapy for rape and domestic violence survivors respectively, as well as survivors of Intimate Partner Violence. The Domestic and Sexual Violence Response Team (DSVRT) has a number to alert and report to anonymously, when domestic violence occurs. They are: 112 or 0813-796-0048.

A local United Way office realised one day that, the organisation had never received a single donation from the town's most successful lawyer. So, the person in charge of contributions called the Lawyer to persuade him to contribute. "Our research shows that out of a yearly income of at least $500,000, you did not give a penny to charity. Wouldn't you like to give back to the community in some way?" The Lawyer mulled this over for a moment and replied, "First, did your research also show that my mother is dying after a long illness, and has medical bills that are several times her annual income?" Embarrassed, the United Way rep mumbled, "Um ... no." TheLawyerinterrupts,"Orthatmybrother,adisabled veteran, is blind and confined to a wheelchair?" The stricken United Way rep began to stammer out an apology, but was interrupted again. "Or that my sister's husband died in a traffic accident," the Lawyer's voice rising in indignation, "leaving her penniless with three children?" The humiliated United Way rep, completely beaten, said simply, "Sorry... I had no idea..." On a roll, the Lawyer cut him off once again, "So if I don't give any money to them, why should I give any to you?" ˾˾˾ What do you call 25 Attorneys buried up to their chins in cement? Not enough cement. ˾˾˾ I wanted to sue the airline, because they damaged my luggage. So, I showed the badly damaged remains to my Lawyer. He said, "You don't have much of a case". ˾˾˾ What do you call 25 skydiving Lawyers? Skeet ˾˾˾ What do you call a Lawyer gone bad? Senator.

ALLEGED HUMAN RIGHTS VIOLATION: BUSINESSMAN FILES N20M SUIT AGAINST POLICE IG, OTHERS CONTINUED FROM PAGE 5 Respondent (Deputy Commissioner of Police State CID Panti) for the purpose of restricting his movement, personal liberty and freedom, constitute violation of his rights under Sections 34, 35, 36 and 41 of the 1999 Constitution. Amongst other reliefs, Akindele is asking the court for an order of perpetual injunction restraining the Respondents whether by themselves or their officers, agents or representatives, from further harassing, intimidating, and or arresting him, or interfering in respect of the facts or transactions in the case, or any fact relating to the management of Estate of Madam Iyabode Efunroye Tinubu, for which the Respondents have been harassing, arresting and detaining him. He also prayed the court for an order directing the Respondents to jointly and severally pay him the sum of N20 million, as damages for violation of his fundamental rights. According to the affidavit in support of the motion, the Applicant stated that on August 27, 2012, the head of Tinubu family, other accredited representatives of the family, as well as the Trustee of the Estate of Madam Iyalode Efunroye Tinubu, gave him the Power of attorney dated August 27, 2012. “By virtue of the said power of attorney, I was saddled with responsibility of managing or administering the entire Estate of Madam Iyalode Efunnroye Tinubu as Chairman and Managing Director of the company, which comprises of vast expanses of land across Lagos and Ogun State known as Ewe-Agbibo and Iwaya Farm Land, covered by the survey plan drawn by late Herbert Macaulay with registered title No. 45 at page 45 in volume 2212, comprising about 4.5 miles as delineated in the upgraded survey plan. Attached and marked Exhibit AD2, is the copy of the survey plan. “That the various portions of the said expanse of land is occupied by known and unknown persons, as delineated in several survey diagrams exhibited in this affidavit and marked Exhibit AD3. “On becoming aware of the illegal or unauthorised occupation of the lands, I instituted an action against unknown persons in this court, in Suit No. LD/1604LM/17 currently pending before

Hon. Justice Pedro sitting at Tafawa Balewa Square, Lagos, challenging the adverse claim of the ownership of any potion of land belonging or forming part of Madam Iyalode Estate. “Since my interface with 6th Respondent, he has been threatening me and Alhaji Gambo, by sending armed thugs onto the land who have been causing mayhem unabated, with the clear intention of preventing Alhaji Gambo from taking possession of the land, in that I was selling lands in the estate and not remitting the proceeds to the trustees of the estate and family. “Alhaji Adio Lumosa is currently in Court in respect of same issues reported above, and had also earlier reported the same matter to Efcc for investigation, where it was established that the allegations were not only baseless, but false. “Notwithstanding the fact that the matter had already been investigated by the EFCC, they did not bother to get in touch with the EFCC for the outcome of the investigation, nor confirmed from the court in Lagos and Ogun State, where the matter was instituted by Alhaji Lumosa in suit no Temp/41292/2018, Alhaji Adio Kazeem Lumosa & 2 Ors v Akinfolabi Akindele, Suit No. AB/243/52019 High Court Abeokuta, Suit No. ID/6319GCM/2019 at the High Court Ikeja, but kept me in detention for well over one week. In fact, they transferred me from their cells at Obalende to the Anti-cult unit of the Police at Gbagada, Lagos, where I was put in the cell with some hardened criminals who continued to beat me mercilessly, until I was later separated by the station officer, upon my cry for help. “In order to break my spirit, they made a manhunt for my Lawyers who are representing me in the defence and prosecution of this matters, at various courts in Lagos and Ogn State. In fact, Mr Kunle Awoma Esq, my Lawyer, who was invited to come for my bail at their office in Obalende, Lagos, was also arrested and detained with me till we were moved to the office of the 1st Respondent at Abuja, before we were granted bail. “Prior to the incident above, and when the menace of the intruders and illegal occupants was becoming unbearable, I also

initiated a complaint to the Police, and same was investigated, and in their report, it was confirmed or established that the company is the lawful attorney to the Estate of Madam Iyabode Tinubu. “Notwithstanding, sometime in the month of February at about 8am, several Police officers from 4th Respondent’s office stormed my house and arrested me and took me to their office at Panti, where I was confronted with the petition written on behalf of the 6th Respondent, accusing me of criminal trespass to land, selling and threat to life among other sundry allegations. I was compelled to write a statement without a Lawyer, although I requested to call my Lawyer before writing any statement. Though the 7th Respondent showed the petition to me, but my request to have a copy was refused. “That sometime on the 27th December, 2019 several Police officers led by one Inspector John Adudu from 1st Respondent’s Monitoring team, waylaid me on Herbert Macaulay Road Yaba, in Lagos, arrested me at gun point, notwithstanding that I made no attempt to resist arrest. They took me and two of my staff, Mr. Kazeem Seminu and Isyaka Salawu, to their Lagos office at Kam Salem House, Obalende, Lagos, and put me in detention without telling me my offence, for which I was being detained. It was later they confronted me with the petition written on behalf one Alhaji Adio Lumosa, accusing me of criminal breach of trust. "However on 13th January, 2020, Police officers from the office of 2nd Respondent led by one officer who introduced himself to one of my staff Mr. Isyaka Salawu as Inspector Emmanuel from General Investigation Department Admin, stormed my house in a commando-like style, to effect my arrest. Fortunately, I was not around, and was out of Lagos State. Inspector Emmanuel thereafter, informed Mr. Isyaka, that the 6th Respondent had written another petition to 2nd Respondent for a fresh investigation of the case, and I should report to 2nd Respondent’s office on Monday the 20th January, 2020, failing which they shall unleash their mayhem on me, any day they get hold of me”, he averred.

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28.01.2020

WORDS OF WISDOM

(Culled from the Internet)

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BUSINESSWORLD R A T E S MONEY MARKET OVERNIGHT OBB

A S

A T J A N U A R Y

REPO 4.33 3.67

CALL 1-MONTH 3-MONTH

3.50 Íś 9.75

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

Group Business Editor Obinna Chima

Email obinna.chima@thisdaylive.com 08152447875

2 4 ,

493.67% 0.60% 2.60%

2 0 1 9

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

2.60% 2.60%

EXCHANGE RATE N307/1US DOLLAR* *AS AT LAST FRIDAY

Quick Takes Stanbic Introduces Zero Balance Account

BREAKFASTMEETING

L-R: Patron, Nigerian-British Chamber of Commerce (NBCC), Mr. Akinola Akintunde; MD/CEO Financial Derivatives Company Limited, Mr. Bismarck Rewane; Deputy President, NBCC, Mrs. Bisi Adeyemi; Patron, Dapo Adelegan; British Deputy High Commissioner, Ms. Harriet Thompson; Principal Analyst, Dbrownconsulting, Mr. David Brown, and Deputy President, NBCC, Mr Alan Davies, at the Chamber’s 2020 Economic Outlook Breakfast Meeting, held in Lagos‌recently

Survey Reveals Drop in Economic Confidence Peter Uzoho The latest Global Economic Conditions Survey (GECS), by the Association of Chartered Certified Accountants(ACCA) and the Institute of Management Accountants (IMA) has revealed that economic confidence in Nigeria in the fourth quarter of 2019, below its long run average over the year. However, the report stated that orders remain comfortably above both recent and long run averages. Commenting on the report, Head of ACCA Nigeria, Thomas

ECONOMY Isibor, said: “The World Bank expects Nigeria’s GDP growth to be maintained at around two per cent in 2020. The economy remains heavily dependent on oil where neither prices nor output look likely to boost the economy this year. In addition, the closure of Nigeria’s land borders last year to reduce smuggling has pushed up inflation, especially in the food category. “Doubledigit inflation means that tight monetary policy will continue to act as a moderating influence on economic growth, which will

remain below the rate needed to increase GDP per capita.� Isibor added: “What our GECS Q4 2019 emphasises is the fact that individual country’s economies are hyper-connected. Social, political or fiscal movements in one country affect another, sometimes very powerfully. There are risks ahead which need to be managed very carefully, such as debt levels which are elevated and increasing in many emerging markets.� The report showed that global economic confidence bounced back in Q4 2019, to around its level in mid-2019. The global poll of 2,560 accountants showed

that all key regions reported a bounce in confidence and the most confident part of the global economy was again South Asia and the Middle East. In the review period, GECS’s inflation measure fell to the lowest level in three years at 42 per cent, while inflation in developed and many developing economies was running at low levels. Furthermore, the report stated that in some cases, there were concerns that inflation was too low such that deflation could not be ruled out. Continued on page 24

‘Succession Management Crucial for Business Continuity in MFBs’ Without careful management of the leadership succession process, Microfinance Banks (MFBs) may face power tussles with consequences such as sudden exits across different grades and functions, loss of ‘tribal knowledge’, costs of abrupt hiring, uncertainty, chaos, damage to the company’s culture, reduced performance and may witness business failure in an extreme case Phillips Consulting has said. These exertions were made by Associate Partner at Phillips Consulting Limited (pcl.), Foyinsola Akinjayeju, while delivering a presentation titled: “Steps for Effective Succession Management,� at a recent conference organised by the Lagos State Chapter of the National Association of

ECONOMY Microfinance Banks. In her presentation, Akinjayeju said: “Preparing the next generation of leaders has become more imperative than ever. Some companies meticulously follow procedures of next-in-line for leadership roles yet their new leaders are ill-prepared for the role and end up as corporate placeholders, at the centre of chaos.� She advised business leaders not to plan for the present alone, but rather to ask themselves if their people were the best talent for the future, a situation which could be influenced through effective succession management.

She went on to distinguish between succession management and more common practices of succession planning and replacement planning, citing their areas of differences around focus, successors and time investment required. “While replacement planning focuses only on managerial positions and identifying talent to replace individuals who leave such positions, succession management, on the other hand, is concerned with corporate-critical positions across grades, profiling the talent (mix of job skills and unique competencies) required for such positions, identification of the suitable talent, deliberate development of the identified talent, and regular monitoring of

the process to measure its effectiveness in respect of the strategic objectives of the organisation. Organisations who seek long-term sustainability must adopt a robust succession management system while focusing on talents who demonstrate high potential,� she added. The Managing Director of pcl, Rob Taiwo, also shared his experience taking over the management of the company from the founder. He highlighted the importance of character, which he indicated was a better determinant of performance over competence when hiring a leader. In his words, “challenges often Continued on page 24

Stanbic IBTC has introduced the Blue Edge Savings Account. It is product that allows customers open an account with zero balance. According to the bank, customers don’t need any money to open the account. “You can always fund the account at any time to grow your savings. With the Blue Edge Account the minimum account balance is also zero naira, this means that you will not be charged for having zero balance on the account,â€? a statement from the bank explained. ItaddedthattheBluEdgeSavingsAccountgivesstudentsandyoung NigerianscurrentlyenrolledintheNationalYouthServiceCorps(NYSC) the edge they need to experience ďŹ nancial conďŹ dence and freedom. It also takes away the pressure of starting an account with huge funds as it enables them to start with zero naira while earning an interest on the savings every month. “The BluEdge Savings Account can be operated with ease and accessedwithaVervecardonInternetBanking,MobileBanking,ATM,and via USSD. Account owners can also withdraw cash from the nearest Stanbic IBTC Bank branch. “The requirements for opening a BluEdge Savings Account are: a BluEdgeSavingsAccountform,passportphotograph,BVNandstudent ID card,â€? it added. According to Deputy Chief Executive, Stanbic IBTC Bank Plc,Wole Adeniyi, was quoted to have said: “The BluEdge Savings Account is a great opportunity for young people to maintain a savings account conveniently. It proers solutions to the hassle of savings among youths, and the various beneďŹ ts are deliberately aimed at encouraging and promoting a savings culture. It can also serve as an avenue for them to pursue their dreams.â€?

Zimbabwe Freezes Firm’s Account

Zimbabwe’s central bank has frozen an account of a Chinese company it accused of manipulating the local currency. The southern African nation reintroduced the Zimbabwe dollar last June, ending a decade of dollarisation, but this resulted in runaway ination, which economists say reached 520 per cent in December. Reserve Bank of Zimbabwe (RBZ) governor John Mangudya, in a statement on Friday, singled out unlisted China Nanchang as a currency manipulator. MangudyasaidtheRBZďŹ nancialintelligenceunit(FIU)hadidentiďŹ ed Nanchang as a company that had used millions of Zimbabwe dollars to buy greenbacks on the black market, weakening the local unit. Nanchang is the major contractor for the construction of a dam that is set to supply water to Zimbabwe’s drought-hit second biggest city Bulawayo, among other government contracts. “The FIU has ordered the freezing of the identiďŹ ed account pending further analysis and is undertaking ongoing surveillance to identify more culprits involved in the parallel market transactions,â€? Reuters quoted Mangudya to have said.

IMF Holds Aid to Congo Republic

Talks to salvage a tentative $1.7 billion debt restructuring between Congo Republic and energy traders Glencore andTraďŹ gura are stuck, sourcessaid,jeopardisinganInternationalMonetaryFund(IMF)bailout for the debt-hobbled nation. The IMF signed o in July on a $449 million, three-year lending programme to help the central African nation’s ailing economy - but only $45 million has been disbursed with other funds subject to semi-annual reviews. Those hinge on restructuring the oil-backed loans to the Swiss traders as money the state saves on reduced debt servicing would ďŹ ll a gap in an overall $2 billion national rescueplan.MoreIMFdisbursementscouldhelpunlockanothernearly $900 million in ďŹ nancing from the World Bank, African Development Bank and France who are all backing the rescue programme. But the IMF said it has held o on submitting a 2019 year-end review to its executive board as it waits for Congo to ďŹ nalise a deal with the traders. AnIMFspokesmantoldReutersthatCongoleseauthoritieshad indicated to the institution that they expect restructuring negotiations with the oil traders to be done this quarter. However, two banking and commodities industry sources familiar with the talks told Reuters an agreement in principle reached over the summer had fallen apart with both sides entrenched in their positions despite ongoing sporadic contact.

“Today all banks are required to have a chief information security officer and security operations center which we have. We have also gone over and above that to build a world class security operations center with well trained personnel who man our perimeters 24/7 and it is something we are very proud of� MD/CEO, FirstBank Nigeria Limited

Dr. Adesola Adeduntan

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BUSINESSWORLD

NEWS

SURVEY REVEALS DROP IN ECONOMIC CONFIDENCE

Looking ahead, the GECS report took a look at the prospects and risks facing the global economy in 2020, predicting that after slowing in 2019 the global economy was likely to expand at a modest rate this year, at about three per cent. It also said the risks of 2019, would mainly persist into 2020, including a re-escalation of trade tensions, geopolitical risks especially in the Middle East, high levels of emerging market debt and the UK-EU trading relationship post-Brexit. Speaking of the global picture, ACCA’s chief economist, Michael Taylor, added: “Many risks to the global economy in 2020 are the same as in 2019, including trade tensions between the US and China, which were a major cause of slowing global growth. Recent developments in this area have been positive, but risks of a re-escalation with renewed tariff increases remain. The Middle East is the current focus of geopolitical risk although the potential for conflict here to hurt the global economy through a surge in oil prices is much reduced.� ‘SUCCESSION MANAGEMENT CRUCIAL FOR BUSINESS CONTINUITY IN MFBS’ arise in the seemingly small areas like stakeholder engagement, culture, or perception and the one thing leaders need to keep going is grit.� He also stated the need for a shared purpose between the CEO, chairman, and the board. He stressed the importance of appropriate timing and extolled authentic leadership as a key success ingredient, admonishing CEOs to give guidelines only and not impose their methods on their successors. The Central Bank of Nigeria (CBN) released a circular in 2018, on the review of the minimum capital requirements for MFBs in Nigeria, with phased implementation to commence this year. According to the CBN, the revision had become necessary because a large proportion of the MFBs was contending with inadequate capital base, among other challenges, and the sector needed to be strengthened so it could effectively cater to the financial needs of the unbanked or under-banked.

Group Business Editor

Obinna Chima

Capital Market Editor

Goddy Egene

Comms/e-Business Editor

Emma Okonji

Senior Correspondent

Raheem Akingbolu (Advertising) Correspondents

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

Nume Ekeghe (Money Market) Nosa Alekhuogie (ICT)

‘Heavy Tax Burden Kills SMEs’ Dike Onwuamaeze

ity of the SMEs in Nigeria. These questions, according to him, are: “Does the tax policy encourage investment by SMEs; How well can the current tax policy encourage successful transition from informal to formal sector and are basic public services such as healthcare, security infrastructure, etc., provided to these SMEs and their employees despite the taxes collected from them?� He added that these questions would be answered adequately by recognising that, “there is a need for special and preferential tax regimes for the SMEs in view of the difficulties in raising finance, inherent disadvantaged tax system and high cost of tax and regulatory compliance.� He added: “Tax policies

should be designed in such a way that they do not only directly affect SMEs but also indirectly pushes them to grow. For instance, provisions of finance to SMEs may be encouraged by granting exemptions from business tax for financial institutions that provide guarantee for loans to SMEs.� According to Partner, Highnet Resources Limited, Vivian Ani, SMEs would still be brought into the tax net via payment of 7.5 per cent VAT on imported goods even though businesses with turnover of less than N25 million were exempted from tax payment in the Finance Act. “The number of SMEs that would be exempted from income tax would not be

as many as we will think. Moreover, every Nigerian consumer will pay more tax indirectly due to the 50 percent increase in VAT,� Ani said. Similarly, the Managing Director, Mayflora Consulting Limited, Henry Akwara, observed that the cost of compliance to the new Finance Act would be an issue for SMEs, due to the high cost of hiring tax consultants. He suggested that the government or the NGOs should reduce the high cost of compliance by providing a pool of consultants that are readily available that the SMEs will have access to at reduced cost. On his part, the Chairman, Proshare Nigeria Limited,

Femi Awoyemi, said government might not make much money from tax because of low productivity in the economy. Awoyemi, advised government to focus on manpower development, which would enable Nigerians to earn more and pay more income tax. He said one of the reasons for low tax revenue in Nigeria was government’s preoccupation with tax collection rather than tax administration. The people who earn the most pay the least in tax, he said. Also, an Assistant Director, Personal Income Tax of the Lagos Internal Revenue Service, Igho Otejiri Orinru, enjoined tax payers to pay their tax as and when due, in order to enable governments, fulfill their obligations.

The Oba Alara-Elect of Ilara Kingdom, Epe, and former Chairman of Lagos Inland Revenue Services (LIRS), Prince Olufolarin Ogunsanwo, has linked the high mortality rate of start-ups to heavy tax burden. Ogunsanwo, said this recently in Lagos State, while presenting the keynote address at symposium organised by the January 9 Collective (J9C). According to him, “in the case of SMEs, tax must be imposed in such a way that put their income and need for survival into consideration.â€? He added: “According to the Small and Medium Scale Enterprises Development Agency (SMEDAN), 80 per cent of the SMEs die before their fifth anniversary. Among the factors responsible for these untimely close-ups are tax related issues ranging from multiple taxations to enormous tax burdens among other issues.â€? The former LIRS boss recalled that one of the objectives of the new National Tax Policy (NTP) was to reduce the tax burden on the SMEs. He, however, noted that heavy tax burden still appeared to be a major constraint to the development of SMEs in the country. “More notably, it discourages investment and increases the risk of failure for companies in periods of little or no profitability in the case of SMEs. “In the same vein, a good number of the SMEs are not able to adequately benefit from tax incentives due to the small size of their operations,â€? Ogunsanwo said. He noted that these challenges raised some important L-R: Representative of IFC, Simbarashe Mabhena; Managing Director, Mainstreet Micro Finance Bank, Adegoke Adegbami, and Managing Director/ questions about the policy CEO, Accion Microfinance Bank,Taiwo Joda, at the National Association of Microfinance Banks’ Lagos Chapter Capacity Building Seminar for Chief direction vis-Ă -vis the real- Executive Officers/Managing Directors and deputy CEOs held in Lagos... recently

CAPACITYBUILDING

Expert Seeks Establishment of More Research Institutes Sylvester Idowu in Warri A Niger Delta-based expert, Chief Sunny Onuesoke has stressed the need for the establishment of more research institutions to tackle the avalanche of socio- economic problems confronting the nation. He said this on the sidelines of a one-day workshop on policy and strategy for sustainable economic growth. According to him, the country needed more research institutes

than new universities being established by both private, federal and state governments. Onuesoke, argued that research institutes were critical enabler to economic growth and development with its relevance cutting across the policy process. He said, the role of research institute, as development driver, could not be overemphasised, arguing that the growing number of universities was not what was needed now to tackle the

reality of underdevelopment currently confronting the country. Onuesoke, who is the Chairman of DAS Energy Services Limited, further said, despite having bulk of universities across the nation, “the apparent gap and weakness in our social-economic life are left wide open and this is due to absence of research institutes that would have been able to proffer solutions to fill these gaps.�

He called on government, stakeholders and lawmakers to begin to look at the plethora of benefits that would come from having more research institutes than new universities. “It has become imperative for us as a nation to set our gaze on the future while we confront the myriads of problems bedeviling us currently. “Also if Nigeria must take her place in the global scheme of things as a world player,

all hand must be on deck to encourage research that would proffer first hand solution to world problems like epidemic and diseases, space technology, agriculture and information technology. “This can only be achieved with a complete presence of a clear cut philosophy of national development, a philosophy which should spell out the direction in which Nigeria wants to channel its development efforts�, he stated.

LASACO Upbeat about Scaling Industry Recapitalisation Huddle Ebere Nwoji LASACO Assurance Plc has expressed confidence in its ability to cross the recapitalisation huddle, saying it has perfected plans to upgrade its capital from present level of N4.6 billion to N18 billion. Also, the underwriting firm said it has confidence in its shareholders’ ability and willingness to raise N13.4 billion that would be added to its existing N4.6 billion to meet the N18 billion mark as

stipulated by the regulator, the National Insurance Commission(NAICOM). LASACO Assurance Managing Director, Mr Segun Balogun, said this at a recent press briefing to announce the 40th anniversary of the company in Lagos, adding that the insurer has 18 billion shares to issue. He said the company would first approach its top 10 shareholders through private placement then would take the rest to public.

According to him, the shareholders were already waiting for the company to come to the public and have given their assurance of bringing money into the company. He said in addition to this, the company’s board and management, have put up a clear contingency plan that would enable the company stand firm in the face of the recapitalisation in case of failure to raise the required capital from

the shareholders. “There are other plans on ground that in case of failure to raise money from the public. We have over N4 billion, we are going to raise N13.4 billion and we have assurance that 70 per cent is coming from major investors, 30 per cent will be done privately. There is an extension, we are still working against June and by April, we will be done with our recapitalisation plans. Balogun, speaking on future plan of LASACO

especially after 40 years of existence as a corporate entity, noted that all over the world, insurance firms that are making waves engage in diversification. He said LASACO Assurance, wants to toe this line by diversifying into hospitality and real estate sectors. According to him, the company has floated a real estate firm called LASACO Property. He said revenue from these businesses would augment income from its insurance business to make the company stand tall.

TUESDAY JANUARY 28, 2020 • T H I S D AY

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Adeseyoju: Data Protection Regulation Can Address Cybercrime AstheworldcelebratethePrivacyDaytoday,theManagingDirector,DataProLimited,alicensedData Protection Compliance Organisation,AbimbolaAdeseyoju, in this interview speaks on the essence of data protection and privacy in combating cybercrime. Adedayo Adejobi brings the excerpts What is the Privacy Day all about? The day was first celebrated in Europe in 2007. By 2009, the United States started recognising the day as Privacy Day. And since then it has assumed global recognition and celebration. The day is set aside to raise awareness and promote privacy and data protection best practices. We are now in a digitised, globalised and technologically driven world. So, the day is also set aside to remind all operators and players within the digitalised world about their obligations on data privacy and protection and the need to avoid data breaches, abuse, and misuse. The day is particularly significant in Nigeria. We are happy that Nigeria has joined the rest of the developed world in recognising data privacy and protection as part of the fundamental rights of all Nigerians. The importance of having the Nigeria Data Protection Regulation (NDPR) issued by the National Information Technology Development Agency (NITDA) on 28th of January, 2019, is that every citizen of Nigeria irrespective of wherever they reside all over the world is now guaranteed, data privacy as part of their fundamental human rights and can demand for justice any time this right is breached, abused or misused. So it is quite significant that Nigeria is joining the rest of the world to celebrate the occasion and awaken the sensibilities of all Nigerian on what the federal government has done to protect their rights. This is indeed a plus on the part of the government, and it again, calls for a pat on the back. They have done well in this regard. What is the role of DataPro Limited as a DPCO? The National Information Technology Development Agency (NITDA) in 2019 licensed Data Protection Compliance Organisation (DPCOs), of which DataPro Limited is one, to among other deliverables, evaluate the level of compliance to the NDPR by accountable institutions such as data controllers, data processors and some government agencies. The Data Protection Compliance Organisations are also expected to render services such as training and awareness

programs, Data Protection Impact Assessment (DPIA), Audit exercise, contents drafting and advisory. At DataPro, our core competence includes guidance service on data protection, privacy policy formulation and communication, sensitisation and capacity building programs, Data Protection Impact Assessment (DPIA) and annual Audit.

dealing with more than 10,000 Data subject (such as IT companies, payment companies, fintechs, banks, insurance companies, etc), payments of fine of two per cent of Annual Gross Reverence of the preceding year or payment of the sum of N10 million, whichever is greater; (b) in the case of a Data Controller/ Data Processor dealing with more than 10,000 Data subject payment of the fine of one per cent of the annual gross reverence of the preceding year or payment of the sum of N2 million whichever is greater. According to the NDPR, 2019, data Controller/processor means a legal person who either alone, jointly with other entities or in common with others or as a statutory body determines the purpose data is processed or is to be processed. What constitutes infringement under the regulation including accidental or unlawful destruction of personal data, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or other prevent personal data. NITDA as the enforcer of the regulation also has right to set up administration – panel to investigate allegations of breaches and issuance of administrative orders to protect the privacy rights of all Nigeria. So, every Nigerian is free to report any infringement of their privacy rights to NITDA for necessary remediation and action.

Can the Nigeria Data Protection Regulation (NDPR) be used to ďŹ ght cybercrime? The answer is yes. The NDPR (2019) is complimentary to the Nigeria Cybercrime Act of 2019. One sure way of combating and crime is by appointing effective, proportionate, dissuasive and commensurate punishment for offenders and those who go against the provisions of the regulations. The NDPR imposes both civil and administrative sanctions on violators and offenders. According to the provisions of the regulation, any person subject to the regulation found to be in breach of the data privacy rights of Nigerians shall be liable in addition to any other criminal liable to: (a) In the case of Data Controllers/Data Process

How do you see technology companies evolve on the issue of data privacy and protection? We need to go down memory lane to really capture the impact technology companies have had on the issue of personal data privacy and protection. Despite the long agitation for the right to respect of individual personal data, it took the young in age of the computer world and the accompanying digitisation and globalisation of business and personal data to drive the awareness and put everything on the front burner. The tipping point seems to be the Facebook-Cambridge Analytical data scandal of 2018, when it was revealed that Cambridge

Adeseyoju

Analytical had harvested the personal data of millions of people’s Facebook profiles without their consent and used it for political advertising purposes. This has been described by many as the watershed moment in the public understanding of personal data, especially with the clarion call for tighter regulations of technology companies use of personal data. So you are right. The tech companies are at the centre of the data protection and privacy regulation. What the NDPR (2019) has done is to provide clarity and consistency in the roles of data processors such as tech companies. They now have to provide transparent and easily accessible polices regarding notice of collection of personal data, notice of processing of personal data and the level of processing that will be entailed, and respect the rights of the data subject regarding to data retention and deletion. Under the NDPR, data subjects have rights to have access to the data you have on them. They have the right to have inaccuracies corrected, the right to have the information or data you have on them as an IT processing company completely erased from your system. They have the right to prevent you from using their personal data for direct marketing purposes without first seeking their consent, they have the right to prevent you from automated decision making and profiling them without their consent and they have the right to data portability. The NDPR also protects children and other vulnerable members of the society. So, if you collect information about children under the age of 13, you will need parent/guardian consent to process this data lawfully. So, IT companies managing personal information must focus on their data storage infrastructure, identify where personal data is located and try and build a consistent architecture to be able to track and monitor what becomes of the data. So, the point is as soon as IT companies process personal data, they will be held accountable for the use they make out of it. So, they are expected to have data breach notification templates.

Ijezie: VAT Increase Will Support Minimum Wage Payment The Managing Partner at Okwudili Ijezie and Co. CharteredAccountants, Mr. Blakey Ijezie, who is also a tax consultant, in this interview says the recent increase in the Value Added Tax will heighten inflationary pressure. Dike Onwuamaeze provides the excerpts: the state and local governments fund the new minimum wage, but it is neither here nor there. The Ministry of Finance ought to have thought outside the box and increased the tax net by getting more people into the tax base rather than increasing VAT by 50 per cent. I wholly disagree that we have to live with the new Finance Act. It has to be amended. It is only death that is irreversible. I am still calling on the government to stomach its pride and reduce this tax by retaining it at five per cent. They should look at the suffering faces of the citizens and do the needful by reducing it. If not, my prediction is higher inflationary trend of 15 to 20 per cent.

You recently said Nigeria does not practice pure Value Added Tax (VAT) system. What is pure VAT? When we set out in 1993, the committee headed by Mr. Emmanuel Ijewere, former ICAN President, recommended that Nigeria should toe the Modified Value Added System (MVAT) system. By the time the decree came out in 1993 for implementation in 1994, the M was dropped. That was how we ended up with VAT. Why I said that it is not pure VAT is that there are some input VAT that were not allowable, which would have meant that you should deduct the input VAT before you pay the balance to the government. But the inputted VAT is not deductable and what you pay is the entire output VAT that makes our own to be higher. When people says that our VAT rate is five per cent and starts to compare it with Ghana’s 12.5 per cent, they fail to compare apple with apple because Ghana is practicing pure VAT, while we are practicing a modified version of VAT system. ijezie So, why do you believe the time was not ripe for the recent VAT hike? Nigeria became the poverty capital of the whole world in 2019. So, the time is not ripe. What government should have done was to reduce the cost of governance and wasteful

expenses. Why renovate the National Assembly with N37 billion? The money should be used for more productive activity. We are made to understand that the tax increase is to enable

But don’t you think attaching TIN to bank accounts will help to widen the tax base? It is so on paper, but going by policy implementation in Nigeria it will be a problem. I thank government for linking bank accounts with Tax Identification Number (TIN) and advise them to focus on that so that we will not need this VAT increase. They should focus on using BVN, TIN to get a lot of artisans that are not on in the PAYE category into the tax net. That, to my mind will be the focus and not increasing the rate of VAT.

So, what were the loopholes you identiďŹ ed in the Finance Act? There are a lot of them but I will limit myself to two. One, exempting businesses that are below the threshold of N25 million from paying Company’s Income Tax (CIT) and registering for VAT is a major loophole. How will you verify a business that is not more than N25 million turnover threshold? Now, most medium size businesses will claim to be below that threshold. And some imaginative accountants will assist them to achieve that. But the good thing is that with the BVN and TIN as well as by utilisation of technology, the FIRS will be able to tell who is below or above the thresholds. However, it will be complicated going after tens of millions of small enterprises. It will be like using N50 to chase an income of N5. It is most likely that the government will ignore them to focus on large firms that will yield appreciable income. The second threshold is about the expansion of the exemption list. It is like government was under pressure to show that they care for the poor masses. But increased consumption of these exempted items will lower the revenue accruable to the government. From another perspective you can say that it is a good one for the poor so that they will not be under VAT pressure.

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Restructuring of ALSCON and Unending Legal Tango

Tentative Stabilisation, Sluggish Recovery?

Georgieva

Gita Gopinath Okoh

Ayo Abelegbe It was Aeschylus, the ancient Greek tragic dramatist who said ‘in war, truth is the first casualty’. To paraphrase the words in line with the tragic drama playing out in the attempt to restructure the Aluminum Smelter Company of Nigeria (ALSCON) today, one would say ‘in a precariously desperate move by a supposedly core investor to grab a state enterprise at all cost, objectivity is the first casualty’. It is so bad that all the efforts of an aspiring (foreign investor) could muster is nothing other than poising for legal technicalities that stand the factual tenets of the restructuring process (of ALSCON) on the head. An ordinary commercial investment process is being twisted to blackmail the agency of the federal government that midwives the process – the Bureau of Public Enterprises (BPE). There seems to be a dearth of objectivity and moderation as the aspiring core investor for ALSCON seems poised to turn a commercial project to a criminal-laden court process. It is important to take a snappy review of the privatisation of ALSCON. At about 2004, ALSCON shareholding had been 97.5 per cent owned by FGN and 7.5 per cent by Ferrostaal. The Core investor sale of ALSCON (the second in the series) took off in 2004 and crystalised into actual bidding in 2006. At the end of the bid pre-qualification process, BFI Group emerged the Preferred Bidder with a bid price of $410 million. However, through a letter dated 17th June, 2006, BFIG Group indicated its inability to meet a crucial threshold of the transaction as it could not pay the required 10 per cent of the bid price within 15 days as required by the guidelines of the bidding process. BFI Group, had through a court action, countermanded an attempt by BPE to subsequently sign a Share Purchase Agreement (SPA) with RUSAL, the runners-up in the pre-qualification for the financial bidding stage. The suit sought to prevent BPE from negotiating the sale of ALSCON with any other entity. After losing at the Federal High Court and the Court of Appeal, BFI Group got a reprieve at the Supreme Court. The apex court had, in a judgment of 6th July, 2012 ordered the BPE to provide the earlier SPA with the BFI Group for execution. BFI Group was required to pay 10 per cent of the bid price within 15 days and the 90 per cent balance within 90 calendar days. Through a letter dated 7th September, 2012; BPE affirmed BFI Group as the Preferred Bidder for ALSCON in strict compliance with the Supreme Court decision. The process as ordered by the Supreme Court subsequently became ill-fated and could not be consummated as BFI Group

insisted on new terms that were not part of the original SPA on which the judgment of the Apex Court was hinged. An application by the BFI Group to get the Supreme Court to compel the BPE to accept BFI Group’s unilateral position was struck out on 3rd December, 2013. At that juncture, one would have thought that the BFI Group would respect the sacrosanct subsisting decision of the Supreme Court. Rather, it instituted a fresh suit at the Federal High Court holden at Abuja. The decision of the Court in suit No. FHC/ABJ/CS/901/2013 as held by Hon. Justice Abdu-Kafarati was inconsistent with the subsisting decision of the Supreme Court on the matter. A subsequent appeal by BPE was upheld in January, 2019 and the earlier Order of Justice Abdu-Kafarati was set aside. The Appellate Court ordered the execution of the May, 2004 SPA as earlier ordered by the Supreme Court of Nigeria. Surprisingly, once again, the BFI Group bungled the consummation of the bidding process by insisting on fresh terms that were not part of the original SPA. The BPE, however, insisted on perfecting the transaction strictly on the premise that is consistent with the subsisting decision of the Supreme Court. BFI Group would not accept anything of such. It once again approached the Federal High Court. In its latest legal gymnastics, the BFI Group filed a contempt process seeking the committal of the Director-General of the BPE, Mr. Alex Okoh to prison. The BPE had filed a preliminary objection to the process on the legal premise (which include but not limited to the fact) that there was no leave of Court to commence the process thus making same grossly incompetent. Surprisingly, the presiding Judge – Justice Chikere, in his considered decision of 17th December, 2019; upheld BFI Group’s submissions and held that Mr. Alex Okoh as DG, BPE was guilty of contempt of the Orders of the Court of Appeal and the Supreme Court and thus liable to be committed to prison for a period of one month. The BPE had promptly filed a stay of execution of the said committal order of Court and had filed a Notice of Appeal to challenge the decision. From an objective bystander point of view, it is hoped that the due process of law would be allowed to prevail in the circumstance. It is equally hoped that the BFI Group would genuinely and objectively seek the consummation of the core investor transaction in a commercial manner instead of engaging in a barrage of quasi-criminal proceedings that have no direct intrinsic value on the transaction at stake.

In the October World Economic Outlook, we described the global economy as in a synchronized slowdown, with escalating downside risks that could further derail growth. Since then, some risks have partially receded with the announcement of a US-China Phase I trade deal and lower likelihood of a no-deal Brexit. Monetary policy has continued to support growth and buoyant financial conditions. With these developments, there are now tentative signs that global growth may be stabilizing, though at subdued levels. In this update to the World Economic Outlook, we project global growth to increase modestly from 2.9 percent in 2019 to 3.3 percent in 2020 and 3.4 percent in 2021. The slight downward revision of 0.1 percent for 2019 and 2020, and 0.2 percent for 2021, is owed largely to downward revisions for India. The projected recovery for global growth remains uncertain. It continues to rely on recoveries in stressed and underperforming emerging market economies, as growth in advanced economies stabilizes at close to current levels. There are preliminary signs that the decline in manufacturing and trade may be bottoming out. This is partly from an improvement in the auto sector as disruptions from new emission standards start to fade. A US-China Phase I deal, if durable, is expected to reduce the cumulative negative impact of trade tensions on global GDP by end 2020—from 0.8 percent to 0.5 percent.

The projected recovery remains uncertain. The service sector remains in expansionary territory, with resilient consumer spending supported by sustained wage growth. The almost synchronised monetary easing across major economies has supported demand and contributed an estimated 0.5 percentage point to global growth in both 2019 and 2020. In advanced economies, growth is projected to slow slightly from 1.7 percent in 2019 to 1.6 percent in 2020 and 2021. Export dependent economies like Germany should benefit from improvements in external demand, while US growth is forecast to slow as fiscal stimulus fades. For emerging market and developing economies, we forecast a pickup in growth from 3.7 percent in 2019 to 4.4 percent in 2020 and 4.6 percent in 2021, a downward revision of 0.2 percent for all years. The biggest contributor to the revision is India, where growth slowed sharply owing to stress in the nonbank financial sector and weak rural income growth. China’s growth has been revised upward by 0.2 percent to 6 percent for 2020, reflecting the trade deal with the United States. The pickup in global growth for 2020 remains highly uncertain as it relies on improved growth outcomes for stressed economies like Argentina, Iran, and Turkey and for t"CFMFHCF JT B QVCMJD BGGBJST BOBMZTU underperforming emerging and developing economies such as Brazil, India, and Mexico. and wrote from Ekiti State

Risks retreating but still prominent Overall, the risks to the global economy remain on the downside, despite positive news on trade and diminishing concerns of a no-deal Brexit. New trade tensions could emerge between the United States and the European Union, and US-China trade tensions could return. Such events alongside rising geopolitical risks and intensifying social unrest could reverse easy financing conditions, expose financial vulnerabilities, and severely disrupt growth. Importantly, even if downside risks appear to be somewhat less salient than in 2019, policy space to respond to them is also more limited. It is therefore essential that policymakers do no harm and further reduce policy uncertainty, both domestic and international. This will help to revive investment, which remains weak. Policy priorities Monetary policy should remain accommodative where inflation is still muted. With interest rates expected to stay low for long, macro-prudential tools should be proactively used to prevent the build-up of financial risks. Given historically low interest rates alongside weak productivity growth, countries with fiscal space should invest in human capital and climate-friendly infrastructure to raise potential output. Economies with unsustainable debt levels will need to consolidate, including through effective revenue mobilization. To ensure a timely fiscal response if growth were to slow sharply, countries should prepare contingent measures in advance and enhance automatic stabilizers. A coordinated fiscal response may be needed to improve the effectiveness of individual measures. Across all economies, a key imperative is to undertake structural reforms, enhance inclusiveness, and ensure that safety nets protect the vulnerable. Countries need to cooperate on multiple fronts to lift growth and spread prosperity. They need to reverse protectionist trade barriers and resolve the impasse over the World Trade Organization’s appellate court. They must adopt strategies to limit the rise in global temperatures and the severe consequences of weather-related natural disasters. A new international taxation regime is needed to adapt to the growing digital economy and to curtail tax avoidance and evasion, while ensuring that all countries receive their fair share of tax revenues. To conclude, while there are signs of stabilisation, the global outlook remains sluggish and there are no clear signs of a turning point. There is simply no room for complacency, and the world needs stronger multilateral cooperation and national-level policies to support a sustained recovery that benefits all. –Gopinath, is of the International Monetary Fund

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IMAGES

L-R: M&E OďŹƒcer, Akin Fadeyi Foundation, Osemudiame Enaholo, Accounts OďŹƒcer, Akin Fadeyi Fadeyi Foundation, Ernest Momoh, Corp Marshal, FRSC. Dr. Boboye Oyeyemi, Head of Programs, Akin Fadeyi Foundation, Ekenem Ugede, Corp Public Education OďŹƒcer, FRSC. Bisi Kazeem, Programs OďŹƒcer, Akin Fadeyi Foundation, Simon Adole at a review report meeting on FlagIt App, FRSC headquarters, Abuja...recently

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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×

L-R: Dr. Ebiehany Azinge; Site Contractor, Adeleke Olarewaju; Delta State Governor, Senator Ifeanyi Okowa; Attorney-General and Commissioner for Justice, Barr. Peter Mrakpo; and Secretary to State Government, Mr. Chiedu Ebie, during Inspection of the On-going work, at the Court of Appeal Complex along Marian Babangida Road, Asaba ... recently

L-R: Associate with America to Africa consulting, Ms. Hope Egwu; Principal, America to Africa consulting, Ms. Jeannine Scott; Director & Senior Legal Counsel, Sub-Saharan Africa,Mrs Tayo Fagbamigbe; President, Manufacturers Association of Nigeria (MAN), Engr. Ahmed Mansur; Former Minister of Industry & A consultant to Kimberly Clark, Chief ( Mrs) Nike Akande; Director General, Manufacturers Association of Nigeria (MAN), Mr Segun Ajayi-Kadir and Head of Government Relations, Kimberly Clark, Miss Zainab Obagun, during a courtesy visit by Kimberly Clark (Makers of Huggies) to MAN Head OďŹƒce in Ikeja, Lagos...recently

L–R: Business Continuity Manager, Information Security, The Nigerian Stock Exchange (NSE), Oluyemi Obadare; Founder, Women at Risk International Foundation (WARIF), Kemi DaSilva-Ibru; and Head, Corporate Communications, NSE, Olumide Orojimi, during the presentation of the proceeds from the NSE Employee Giveback Initiative at the WARIF Centre, Lagos...recently

Secretary to the Government of the Federation, Boss Mustapha; Ekiti State Governor, Dr. Kayode Fayemi and Permanent Secretary, General Services, oďŹƒce of SGF, Adekunle Olusegun; during the Governor’s visit to the SGF’s oďŹƒce in Abuja‌recently

Director-General of Lagos State Emergency Management Agency (LASEMA), Dr. Femi Oke-Osanyintolu (right) and Lagos State Governor, Mr. Babajide Sanwo-Olu (left) during an interaction with victims of the Abule-Egba pipeline explosion at the Igando Relief Camp, Lagos...recently

Police Parade Suspects Armed robber, kidnappers by the Force PRO, Frank Mba; along Kaduna/Abuja road.... recently PHOTO: KINGSLEY ADEBOYE

TUESDAY JANUARY 28, 2020 • T H I S D AY

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T H I S D AY ˾ TUESDAY JANUARY 28, 2020

PROPERTY & ENVIRONMENT FG Needs to Engage 50% of Nigerians Practising Open Defecation Stakeholders in Nigeria’s energy sector have validated a draft report of consultants designed to remove barriers/risks affecting the broadening of renewable energy investment in the country. The overall objective of the project is to assist the Federal Government in achieving a transformation in the electricity mix such that at least 20GW of Nigeria’s electricity is generated from solar PV by 2030. Bennett Oghifo reports

N

igeria and India have common detonators like huge population and large expanse of land, which naturally come with some challenges, particularly in the sector of water, sanitation and hygiene (WASH)

When in 2019, India declared itself open defecation free, it was with a deep sense of pride because it was seen as victory for everybody that heeded the call by the Prime Minister Narendra Modi-led government to shun the shameful act of defecating in the open not only because of its health hazard,

but also because of insecurity issues, particularly for women and girls who become rape victims. Nigeria is still saddled with this burden of open defecation, in spite of the fact that in 2018, the federal government declared a state of emergency in the WASH sector.

Building toilets and persuading people to use them will prevent open defecation

Reports say not less than 47 million people still defecate in the open and that 100,000 children under the age of five years die annually on account of unsafe water supply and sanitation in the country. This is in addition to the nation’s loss of about N455 billion yearly because of unimproved sanitation. According to a report, ‘Nigeria: Improving the State of Sanitation’, published in 2019 by the Centre for Science and Environment (CSE), a public interest research and advocacy organisation based in New Delhi, the poor are the worst sufferers. The report says “Undigested faecal sludge emptied from pit and septic tanks is mostly buried or dumped, and wastewater flows through villages freely, contaminating soil and groundwater.” CSE, which researches into, lobbies for and communicates the urgency of development that is both sustainable and equitable, said “In spite of Nigeria’s

progress in sanitation, it needs to work on safe containment, emptying, transportation, treatment, and disposal or reuse of faecal sludge and wastewater.” They recommended that, ultimately, the federal government should frame effective guidelines and bylaws aligned to the problem. The situation According to the CSE report, “Nigeria, with a population of 191 million, was ranked with the second-highest number of open defecators after India in the world till 2 October 2019, when India declared itself open-defecation free.” The report says 50 per cent of Nigeria’s population is poor, and that the government is now fighting to pull the country out of poverty and poor water, sanitation and hygiene (WASH) conditions. “With the aim of achieving the United Nations Sustainable Development Goal 6 of ensuring availability and sustainable management of water and

sanitation and hygiene for all, the Federal Ministry of Water Resources (FMoWR) and National Bureau of Statistics of Nigeria, along with a few international organisations—which collected data on WASH from the Federal Capital Territory of Nigeria and its 36 states— published the WASH National Outcome Routine Mapping (WASH-NORM) Survey report in 2018 to generate data for decision makers. The report says that only one-third of the country has access to basic WASH services and that the poorest are ten times more likely to lack basic WASH services than the richest population across all the six geopolitical zones of the country (the 36 states and the FCT are divided into six geopolitical zones). “Almost 67 per cent of Nigeria’s households live in rural areas, and research data from several studies indicate that basic water and sanitation services are very poor in its rural areas.”

Lagos, ARCON Raise Committee on Project Registration Number Bennett Oghifo Lagos State government and the Architects Registration Council of Nigeria (RCON) have set up a joint committee on the modality and possible implementation of Architects’ Project Registration Number in the state. The issue of a joint committee was raised when a team of ARCON members, led by its president, Arc. Dipo Ajayi visited the Lagos State Ministry of Physical Planning and Urban Development, recently. Presenting various issues to the ministry on moving the state’s built sector and architecture forward, Ajayi said, it was necessary for the state to critically look at the initiative and adopt it as one of the conditions to be met before any real estate project, is done. At the meeting from ARCON were, Arc. Umar Murnai,

Registrar of the Council; other members are Architects Kayode Anibaba, Ladi Lewis and Tiwalola Fadeyibi, those on the side of state government are Engr. Abiola Koseegbe, Tpl Funmi Osifuye, General Manager, Lagos State Physical Planning Permit Authority (LASPPA); Tpl. Aliu and a lady architect. Ajayi said the Council had put in place ARCON Projects Registration Number (APRN) that will among other things tackle the menace of building collapse and quackery, plaguing the construction industry. He said the initiative had since been adopted by the Federal Capital Territory (FCT), adding that, if Lagos state adopts the policy, it would have done itself greater good because the initiative would be additional internally generated revenue to the state.

In his presentation, Murnai said that, this measure was to complement the content and spirit of the National Building Codes, which are to ensure that only professionals with the requisite knowledge and expertise of the building process are engaged to carry out building projects and are duly governed by the various Acts in our statute books. According to the Registrar, APRN is a mandatory registration number issued to all architects practicing in Nigeria for each of their projects. He said, this is to certify that these projects are being executed by Nigerian citizens, who are fully registered with the professional body. Murnai added that, the project registration number serves as a layer of quality assurance regarding the quality of the built environment.

L-R: Special Adviser to Lagos State Governor on Urban Development, Mr. Kabiru Ahmed; Deputy Governor, representing the governor, Dr. Obafemi Hamzat; and Commissioner for Physical Planning & Urban Development, Dr. Idris Salako, during a symposium to mark 2019 World Habitat Day, at Alausa Ikeja… recently KOLA OLASUPO

He said with that initiative, only fully registered and financially current architects and firms are eligible to prepare, produce and submit architectural building plans for approvals/ implementation and to receive those approvals when they are given. Specifically, the Registrar said the Council had observed that certain regulation in the state’s planning law empowers

draftsmen to design, urging the state to remove that provision, as it runs against the federal government’s provision and courts’ pronouncement. While a few clarifications were raised by the officials of the state, the Ministry’s PS said the government had noted the Council’s grouse, assuring them, that the offending section may soon be removed through government’s policy.

However, some of the staff in the ministry expressed fear, saying that, adoption of APRN may further delay the planning process in the state. Responding, Murnai said, the process was automated, hence, it would not delay the planning process, rather, it will make help the state to ensure standardization, which will also help the state to increase its internally generated revenue.

Zambia, CSE Release Reports of Prioritised NAP on AMR Framework Bennett Oghifo Centre for Science and Environment (CSE), a India-based think tank, and the Antimicrobial Resistance Coordinating Committee of Zambia (AMRCC), led by the Zambia National Public Health Institute (ZNPHI), the disease intelligence arm of Zambia’s Ministry of Health, have released four reports that reflect Zambia’s prioritised National Action Plan on AMR framework for integrated AMR surveillance, baseline information for AMR surveillance and a roadmap to phase out non-therapeutic use and critically important antibiotics in food-animals. These reports were developed by the Antimicrobial Resistance Coordination Committee (AMRCC) and CSE through a consultative process with stakeholders, according to a statement by CSE, recently. The inaugural session of the jointly organised pan-Africa workshop on antimicrobial

resistance (AMR), witnessed the release of the four major reports from Zambia, and of a special story on AMR in India and Africa published in Down To Earth magazine. Zambia is implementing its National Action Plan (NAP) on AMR that was launched in 2017, and these reports are aimed at guiding the implementation of the NAP-AMR. Zambia, with this, shows leadership in Africa in containing Antimicrobial Resistance, says CSE. The event was inaugurated by Dr. Chitalu Chilufya, the Minister of Health of Zambia. It was attended by other dignitaries, including Mr. N J Gangte, the Indian High Commissioner to Zambia; Dr. Benson Mwenya, the Permanent Secretary-Ministry of Fisheries and Livestock of Zambia; Dr. Nathan Bakyaita, Country Representative of WHO in Zambia; Dr George Okech, Country Representative of FAO

in Zambia; Dr. Victor Mukonka, Director of ZNPHI; and Bernice Mwale, Director General of the Zambia Medicines Regulatory Authority. At the workshop, the government of Zambia showcased its progress and commitment towards implementation of its NAP-AMR. In his opening address, Dr Chilufya said: “Zambia prioritizes health security as an important national agenda and AMR should be considered as an important part of public health security. It will challenge the aspirations of Universal Health Coverage.” He urged all the countries represented at the workshop to complete their National Action Plans and implement them. Referring to the key causes of AMR being abuse and misuse of antibiotics, the Minister called on everyone to move forward in the spirit of one health and mitigate the wrong use of antibiotics.

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T H I S D AY ˾ TUESDAY JANUARY 28, 2020

PROPERTY & ENVIRONMENT

Despite Huge Land, Labour Capacity, Nigeria’s Growth Rate is still about 2%, Says Panaritis Fadekemi Ajakaiye

F

ormer World Bank economist, Ms. Elena Panaritis, has stated that despite Nigeria’s huge capacity of land and labour, the nation’s growth rate was still about 2%. She stated this at the 5th edition of FIABCI Business Forum and Dinner 2020, held in Victoria Island Lagos, recently. Panaritis said land and labour were two important tools for economic development, as real estate was a key indicator for growth in the economy. “When a country has a successful labour trade, this brings about evolution of the economy, then it can be referred to as a developed economy. The establishment of these two tools, land and labour, will bring about economic evolution,” she said. She expressed concern on the population growth of Nigeria at about 206 million, and a disturbing 2% growth, which is not sustainable. “With this huge number, Nigeria should be an engine for growth and as a result, a leading economy in Africa,” she said.

Panaritis, the founder, Thought for Action stated that the lack of secured property right, lack of data as a result of poor secured registration system will hinder the growth of such economy. Technology and innovation can only work on the existence of the two key factors of production. Real estate is therefore paramount to a nation’s growth and development as it focus on land and labour, she said. She stated that Nigeria has already moved 39 places on the advancement in the ease of doing business, but this needs to shrink in order to attract huge investment. Panaritis advised the authorities in charge of reforms to generate adequate development trust which will attract major investors and boost the Nigerian economy. This is the only way to sustain the robustness of economic growth, she said. The FIABCI World President, Mr Walid Moussa stated that Nigerians accommodate foreigners in their country to share in their wealth. What impress me about Nigeria is their ability to accept foreigners to come to their

country, make money and share wealth with them, not what you find everywhere, he said. Moussa stated that an event like this helps to provide access and opportunities for members to gain knowledge, share information and conduct business internationally among themselves - hub for investors both local and international. The President FIABCI-Nigeria, Mr Adeniji Adele stated that their vision for converging government, major players of various industries and International Guests annually is to create a platform for addressing the issues and challenges affecting the Real Estate space in Nigeria with the sole aim of providing viable solutions that will improve the Real Estate Sector and attract International investors for a mutually beneficial business relationship for International and Institutional Private Investors. “This we have carried out not just in our annual events for the past four years but also in our activities as a chapter,” he said. He stated that “the 5th edition is a continuation of our theme for 2019, which is a deliberate intent for us a chapter to measure the

progress of our journey in our pursuit to make a significant impact in the built industry and in Nigeria.” The event has been put together having all the key

players in all sectors in mind and we believe that it will be as instructive and insightful as possible, he said. The Special Adviser to President Muhammadu Buhari

on Ease of Doing Business, Dr. Jumoke Oduwole, stated that one of the government measures of providing ease to doing business is to rectify the issue of double taxation.

L-R: Special Adviser to Lagos State Governor on Urban Development, Mr. Kabiru Ahmed; Deputy Governor, representing the governor, Dr. Obafemi Hamzat; and Commissioner for Physical Planning & Urban Development, Dr. Idris Salako, during a symposium to mark 2019 World Habitat Day, at Alausa Ikeja… recently PHOTO: KOLA OLASUPO

Awosika Tasks Women Engineers on Creativity, Innovation Funmi Ogundare Chairman, First Bank of Nigeria, Mrs. Ibukun Awosika has called on women engineers in the country to combine their skills and passion into ensuring that they create value that will make the profession more exciting for the next generation to come into. The move, she said would make the next generation innovative and better exposed to the right knowledge. Awosika, who made this known, recently at the investiture ceremony of the 16th president of the Association of Professional Women

Engineers of Nigeria (APWEN), Mrs. Funmilola Ojelade, in Lagos, enjoined them to use their engineering training to rebuild the society in a way that would ensure continuity. According to her, “What is important is how the women who are into engineering should understand that their education only affect certain ways of doing thing as they are trained for the rigours and their approach to life and work. But it is about how they are able to combine their skills with their passion to change the world and do something great.You need to open your eyes to see how else to create

value and make engineering more simpler for the next generation to understand that it is not as difficult as it seems. “The entrepreneur and public speaker however expressed concern about the shortage of women in the area of science and engineering saying that in order for success to be achieved in such area, the diverse views of gender are needed.” In her inaugural address, the President of the association, Mrs. Funmilola Ojelade promised their readiness to exploit opportunities that are reserved exclusively for women

Preparations Underway for Africa Climate Week 2020 in Kampala Preparations are underway for Africa Climate Week 2020, which will be convened in Kampala, Uganda, 9-13 March 2020. The overview programme and further details have been published recently. According to a statement by the United Nations Framework Convention on Climate Change (UNFCCC), he event in Kampala, at the Speke Conference Centre, will be the first Regional Climate Week to be hosted this year and will be followed by Climate Weeks in the Asia-Pacific (AP), Latin America and Caribbean (LAC), and Middle East and North Africa (MENA) regions. The world is in a climate emergency. 2020 is a key year in which the international community must complete the unfinished tasks from 2019 at a government level and mobilize far more action from non-State actors. The climate emergency is a growing threat particularly

to the most vulnerable, and a particular threat to the long-term health, safety and prosperity of people in Africa. Africa Climate Week will bring together diverse actors from the public and private sectors and will be instrumental in building support for increased regional climate action, helping to put Africa on a path to low-carbon and resilience to the inevitable impacts of climate change. Africa Climate Week is about managing climate risks and seizing transformation opportunities The central objective of Africa Climate Week is to share ways for governments to implement the Paris Agreement in Africa, making use of all the planning tools and support available, and to serve as a platform for national governments and non-Party stakeholders to engage, build partnerships and explore solutions that can deliver climate

action and support at scale. In addition to discussions on how to regionally implement the Paris Agreement and related climate strategies and plans, a special focus will be on the sectors of energy security and access; food and water security; and urban infrastructure and mobility. Africa Climate Week 2020 will be wholly inclusive and open to all stakeholders, as a ‘go-to’ hub to build partnerships and to showcase groundbreaking action in the region. There are several ways organizations can get involved in and be part of the regional climate weeks: The meeting is being hosted by the Republic of Uganda. Key partners are the UNFCCC secretariat, the World Bank Group, the UN Development Programme, UN Environment, the UN Economic Commission for Africa, the African Union and the African Development Bank.

saying, “Multinationals seeking to increase the percentage of female engineers in their employ; we will help our women develop the required skills to take up those vacancies, funding for academic fellowships, apointments, among others. It then becomes a case of what a man can do, a man can do really well. But what a woman can do, a man cannot do.” She added that the association will take steps to obtain a national secretariat building to further strengthen it as an organisation. “This will be in Abuja or Lagos. We are declaring this today because we will need help from from some of the people here. There are those in position to get us the land, even the building preferably.

We need all the support we can get.” She emphasised some of the programmes APWEN had embarked on in the last two years which included the ‘Invent it, Build it’, for girls in the primary school and ‘Introduce a girl to Engineering’ programme for girls in secondary schools, adding that it will intensify its work on engineering students and young engineers. “We are introducing the Town and Gown mentoring programme for this group to help them develop the skills required in the industry and make them employable,” Ojelade said, adding that such town and gown programme, supports SDGs four, five, eight and 10 of the UNDP which

include quality education, gender equality, decent work and economic growth; as well as reduced inequalities. In her valedictory remarks, the immediate past President of the association, Dr. Felicia Agubata recalled all the activities carried out by her administration saying that the association is driven by energy, enthusiasm and willingness to go the extra mills in difficult and demanding circumstances in pursuit of its set objectives. “In APWEN, we do not get tired, we do not give up and we do not give or accept excuses. This is an attribute that kept us going the entire two years of my watch. We inspire each other and also stand in the gap for each other,” she said.

After 20 Years, Ondo Workers Return to NHF James Sowole in Akure Twenty years after pulling out of the National Housing Fund (NHF), Ondo State workers have returned to the scheme with the signing of Memorandum of Understanding (MoU) between the organised labour and the Federal Mortgage Bank of Nigeria (FMBN). The organised labour pulled out of the scheme in Year 2000 sequel to the failure of the FMBN to refund contributors who at the time of retirement did not borrow any money from the bank. Under the new MoU, contributors who never borrow money up the time of retirement would get refund of their contributions with percentage interest. Equally, it was agreed that each contributors would get alert any time their salary was deducted into the scheme account. The tripartite MoU was signed by the State Government, the FMBN and the organised

labour led by the Nigeria Labour Congress (NLC). Presenting the MoU to the State Head of Service, Mr Dare Aragbaiye in his office in Akure, the state capital, State Chairman of the NLC Comrade Sunday Adeleye said all the Trade Unions in the state represented by Joint National Public Service Negotiating Council (JNC), Nigeria Labour Congress (NLC) and Trade Union Congress (TUC) are committed to promoting the welfare of Workers and more importantly accessibility to the basic needs of life with a view to achieving better living conditions for them. Adeleye, who commended Governor Oluwatotimi Akeredolu’s administration for prioritizing the welfare of both the serving workers and pensioners, said government alone could not be left with all the needs of the orkers, hence the need to involve the organised private sector to complement the efforts of the state government. In his remarks, the Head of

Service, Mr Dare Aragbaiye lauded the initiative of the leaders of the Labour Unions for mobilising Public Servants in the state to contribute to the National Housing Fund scheme being managed by FMBN for them to purchase, renovate or construct their own respective residential buildings. The Head of Service, who would represent and execute all documents of the agreement on behalf of the state government, noted that the step taken by the leadership of the trade unions would alleviate the problem of accommodation for a greater number of the state government workers. He added that the government owned residential buildings could no longer meet the increasing demand of the public servants in the state. Aragbaye added that the administration would continue to embrace genuine efforts aimed at collaborating with the state government to improve the welfare of its workforce to enhance better service delivery to the people of the state.

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T H I S D AY Ëž Í°ÍśËœ 2020

BUSINESS/MONEYGUIDE

FMBN Seeks Stronger Partnership with States on Affordable Housing Oluchi Chibuzor In a bid to deepen the impact of its affordable housing delivery programs to a greater number of Nigerian workers within the low and mediumincome bracket nationwide, the Federal Mortgage Bank of Nigeria (FMBN) has solicited for a more robust collaboration with state governments. This includes stronger support and participation of states in the National Housing Fund (NHF) Scheme, provision of unencumbered land for the execution of strategic FMBN affordable collaborative housing schemes as well as support for the elimination of high costs and systemic bottlenecks to title perfection and governors’ consent to mortgage transactions at the state level amongst others. A statement signed by the Group Head, Corporate Communications, FMBN, Ahmed Abubakar, quoted the Managing Director/Chief Executive Officer, FMBN, Arc. Ahmed Dangiwa, to have made the case for improved affordable housing partnership with state governors during his briefing to the Nigerian Governors Forum (NGF) on the activities, programs of the bank in Abuja recently.

Dangiwa stated that FMBN was strategically positioned to energise state governments’ efforts to deliver affordable housing to their citizens in a sustainable and cost-effective manner on the back of its wide portfolio of affordable housing products. He said these include the NHF housing loan of up to N15 million payable over a 30-year period at best market interest rate of six per cent per annum; and NHF individual construction loan at nine per cent interest rate per annum with a 15-year tenor. Other convenient housing loan products include rentto-own scheme which allows beneficiaries to move into FMBN owned houses and payback in monthly instalments over a 15year period at single-digit interest rates with no equity requirement and the home renovation loans where up to N1M is given to NHF contributors who already own their homes to carry out necessary improvements and payback over five years. “Additional unique FMBN partnership advantages include the provision for zero equity contributions for housing loans below N5 million and a maximum of 10 per cent for loans from N5 million to N15 million,� he added.

The FMBN boss also said the partnership would enable state governments to better take advantage of its strategic financing windows for real estate construction and decades-old institutional experience in social housing provisioning. Some of the affordable real estate financing windows Dangiwa listed included Estate Development Loans and the Cooperative Housing Development Loans both available at rates of 10 per cent interest rates and the Off-taker Guarantee Scheme at 0.5 per cent per annum. The FMBN MD/CEO, in soliciting the support and partnership of the state governors informed them that the current executive management has set the FMBN on a new path of reform, innovation, accountability, efficiency and high performance. He noted that within the last three years, they have recorded major milestones with the notable ones being: increased public sensitisation that has led to a spike in registered contributors to the National Housing Fund (NHF) Scheme to 5,026,777; increased NHF collections totalling N134 billion to bring the cumulative collections on NHF since inception 26 years ago to N366 billion.

Zenith Bank Partners Facebook on SME Empowerment Zenith Bank Plc in collaboration with Facebook is organising a free one-day workshop for operators of small and medium scale enterprises (SMEs). The capacity building programme is focused on how Facebook, Instagram, WhatApp and other digital channels could be used to engage potential prospects, market offerings and grow business volumes. According to a publication in THISDAY, the workshop is

scheduled to hold on Wednesday, January 29th and Thursday, January 30th, 2020 by 08:30 a.m. at Zenith Bank branches at 23, Oba Akran Avenue, Ikeja, Lagos; 201, Ikorodu Road, Obanikoro, Ilupeju, Lagos; and 2, Aromire Road, Ikoyi, Lagos. “The workshop is open to customers and non-customers of the bank. To register attendance, please send an e-mail titled: Zenith Bank SME Digital Workshop to smepartners@zenithbank.com.

The e-mail should contain the following information: Name of participant, preferred venue of attendance and date,� the bank stated. Zenith Bank last month supported and sponsored various technology start-ups and innovative ideas at its Tech fair. Speaking at the event, the MD/ CEO, Zenith Bank, Ebenezer Onyeagwu, pledged the bank’s continuous support for small businesses.

GDM Supports Secondary School Students Hamid Ayodeji The GDM Group, as part of its tenth anniversary has empowered students of Gbagada Junior Comprehensive Secondary School with educational materials. The organisation also renovated the Junior Secondary School’s multipurpose hall and presented 21 new white marker boards for classrooms, among other educational items. This, they explained, would enhance the capacity of the students to learn whilst harnessing their creativity and encouraging innovation. The Founder, GDM Group, Victor Afolabi, while speaking at the event, disclosed that the

effort was also driven by the idea of giving back to the society. According to him, “The wealth of this nation is in its people which is one of the reasons we decided to take our quota of corporate social responsibility to a secondary school. Where we can directly reach and impact the future of our nation.� Afolabi added: “This is the beginning of what would be a prosperous partnership between our organisation; the Lagos State Government and the society, as we intend to continue to do more of these development driven initiatives. “This is the perfect season for such collaboration as the GDM Group marks 10 years of

positively disrupting the ecosystem in which it operates; whilst evolving into more innovative and dynamic modules.� In his remarks at the event, the Executive Assistant on New Media and Public Relations, to the Lagos State Governor, Mr. Olusegun Fafore, said “this initiative by GDM shows that the world is aware that education should be driven by technology so as to harness the enormous potential of our youths. “Owing to this, the administration of the current Lagos state government has launched a new initiative called, Eko EXCEL, which means Excellence in Child Education and Learning.�

Brooks and Blake Appoints Onajide Chairman The Board of Brooks and Blake Nigeria Limited, a perception and marketing communications consulting firm, has announced the elevation of Ms. Olufunmilayo Onajide to the position of the Chairman of the Board of Directors, as the company consolidates on its growth and achievements over the past ten years. Speaking on the development, Principal Partner, Brooks and Blake, Mr. Sola Fijabi expressed confidence in the appointment, saying Onajide has an incredible and diverse record of accomplish-

ment in senior leadership roles. “We strongly believe that she will provide the required leadership and direction to take Brooks and Blake to its next growth phase,� Fijabi said. Onajide has served as a Director at Brooks and Blake for three years and has brought her 30 years corporate experience to use on its board. She also sits on the board of a number of other companies including Union Capital Markets Limited and the Advisory Board of Bridge International Academies (Nigeria),

an integral arm of the world’s largest social enterprise targeted at low fee private education in Africa and India. Onajide earned degrees in Politics and Economics from the University of Wales, Aberystwyth (1986) and an LLB (1988) from the University of Wales, Cardiff. She was called to the Nigerian Bar in 1989. Her experience over the years spans senior management positions in core banking and in Corporate Communications and Reputation Management.

L-R: Group Executive, Treasury and Financial Institutions, First Bank of Nigeria, Mr. Ini Ebong; Managing Director/ CEO, Financial Institutions Training Centre (FITC), Mrs. Chizor Malize; Central Bank of Nigeria (CBN) Deputy Governor, Financial System Stability and Chairman, FITC Board, Mrs. Aishah Ahmad; Director, Special Insured Institutions Department, Nigeria Deposit Insurance Corporation (NDIC) , Mr Etopidiok Joshua James, and Head, Human Capital Services, Stanbic IBTC, Mr. Adewale Aina at the FITC 2020 Board Strategy retreat, held in Lagos‌recently

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 ͰͲ Í°ÍŽÍ°ÍŽ

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

33

T H I S D AY Ëž Í°ÍśËœ Í°ÍŽÍ°ÍŽ

MARKET NEWS

All-Share Index Sheds 0.3% as Equities Market Opens on Negative Note Goddy Egene The Nigerian equities market opened trading for the week on a bearish note as losses by Zenith Bank Plc, FBN Holdings Plc and Unilever Nigeria Plc, among 10 other stocks pushed the Nigerian Stock Exchange (NSE) All-Share Index (ASI) down by 0.30 per cent to close at 29,552.99. Similarly, market capitalisation shed N39.1 billion to be at 15.2 trillion. Unilever Nigeria Plc led

the price losers with 9.9 per cent as investors reacted to the poor results reported for the year ended December 31, 2019. The performance showed a loss after tax of N4.22 billion for the year ended December 2019, compared with a profit after tax of N10.148 billion posted in 2018. Details of the performance showed that revenue fell 34 per cent to N60.758 billion, from N92.023 billion, while gross profit fell faster by 75 per cent

P R I C E S MAIN BOARD

F O R DEALS

from N27.42 billion to N6.67 billion. Financing cost rose by 82 per cent to N824 million from N452 million in 2018. Loss before tax stood at N8.322 billion in 2019, compared with a profit before tax of N13.56 billion. Unilever Nigeria Plc posted a loss after tax of N4.224 billion as against a profit after tax of N10.1 billion in 2018. According to analysts at Greenwich Trust Limited, in line their forecast, they noted a drastic slowdown in topline to

S E C U R I T I E S

MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N )

settle at N60.76 billion against N92.03 billion recorded in 2018. “Furthermore, Cost of sales (COS) dipped to print N54.09 billion against N64.60 billion recorded in 2018, however, COS declined at a slower pace than top-line, hence, we witnessed gross profit thin-out by 75.67 per cent to record N6.672 billion vs N27.427 billion recorded in the corresponding period of 2018,� they said. Eterna Plc closed as the

T R A D E D MAIN BOARD

A S

second highest price loser. Shedding 9.5 per cent, just as Royal Exchange Plc and Julius Berger Nigeria Plc went down by Sterling Bank Plc 5.1 per cent. On the positive side, NAHCO Plc led the price gainers, trailed by NPF Microfinance Plc with 9.7 per cent, while Neimeth International Pharmaceuticals Plc appreciated by 8.5 per cent. Linkage Assurance Plc chalked up 8.5 per cent. Vitafoam Nigeria Plc garnered

O F

6.0 per cent as investors reacted to the first quarter results of the company. Meanwhile, activity level was mixed as volume traded rose 140.6 per cent to 444 million shares while value traded declined 9.8 per cent to N3.3bn. The top traded stocks by volume were Veristas Kapital Assurance Plc (225.6 million shares), Zenith Bank Plc (45.4 million shares) and Guaranty Trust Bank Plc (26.7 million shares).

2 7 / 0 1 / 2 0 2 0 DEALS

MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N)

34

TUESDAY, JANUARY 28, 2020 ˾ T H I S D AY

MARKET NEWS

Nigerian Stock Exchange Employees Supports WARIF Foundation Goddy Egene The employees of the Nigerian Stock Exchange (NSE) have donated funds to support the initiatives of the Women at Risk International Foundation (WARIF) in Lagos as part of its Employee Give-back Initiative(EGI).

The NSE said in a statement that EGI is one of various employee engagement initiatives instituted to encourage employees to make a positive impact in their communities whilst providing them with hands-on experience and learning opportunities on issues that plague the society. WARIF is a non-profit organisation

A Mutual fund (Unit Trust) is an investment vehicle managed by a SEC (Securities and Exchange Commission) registered Fund Manager. Investors with similar objectives buy units of the Fund so that the Fund Manager can buy securities that willl generate their desired return. An ETF (Exchange Traded Fund) is a type of fund which owns the assets (shares of stock, bonds, oil futures, gold bars, foreign currency, etc.) and divides ownership of those assets into shares. Investors can buy these ‘shares’ on the

founded in 2016 in response to the high incidence of sexual assault, rape and human trafficking occurring amongst young girls and women across Nigeria. While presenting the donation to WARIF, Head, Corporate Communications, NSE said, Mr. Olumide Orojimi: “Giving back

floor of the Nigerian Stock Exchange. A REIT (Real Estate Investment Trust) is an investment vehicle that allows both small and large investors to part-own real estate ventures (eg. Offices, Houses, Hospitals) in proportion to their investments. The assets are divided into shares that are traded on the Nigerian Stock Exchange. GUIDE TO DATA: Date: All fund prices are quoted in Naira as at 24Jan-2020, unless otherwise stated.

by volunteering our time, donating money and other essentials is at the core of our culture at the NSE. In addition, we believe that promoting gender equality and diversity is a critical success factor for global economic prosperity. At the exchange, we champion an organisational culture that promotes

diversity and inclusion as well as the well being and development of all employees through the implementation of gender friendly policies”. According to the exchange, the donation to WARIF builds on the longstanding tradition of donating money, food items and volunteering

time by NSE employees in their bid to make a positive impact in the society. “Over the years, NSE employees have raised funds for worthy causes. During the 2018 Easter celebrations, NSE employees donated money to fund medical bills for 10 children in SOS Children’s Village, Lagos.

Offer price: The price at which units of a trust or ETF are bought by investors. Bid Price: The price at which Investors redeem (sell) units of a trust or ETF. Yield/Total Return: Denotes the total return an investor would have earned on his investment. Money Market Funds report Yield while others report Year- to-date Total Return. NAV: Is value per share of the real estate assets held by a REIT on a specific date.

DAILY PRICE LIST FOR MUTUAL FUNDS, REITS and ETFS MUTUAL FUNDS / UNIT TRUSTS AFRINVEST ASSET MANAGEMENT LTD aaml@afrinvest.com Web: www.afrinvest.com; Tel: +234 818 885 6757 Fund Name Bid Price Offer Price Yield / T-Rtn Afrinvest Equity Fund N/A N/A N/A Afrinvest Plutus Fund N/A N/A N/A Nigeria International Debt Fund N/A N/A N/A 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 0.91 0.91 7.72% ACAP Income Funds 0.76 0.76 33.75% 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 8.03% AIICO Balanced Fund 2.49 2.53 0.90% info@anchoriaam.com ANCHORIA ASSET MANAGEMENT LIMITED Web:www.anchoriaam.com, Tel: 08166830267; 08036814510; 08028419180 Fund Name Bid Price Offer Price Yield / T-Rtn Anchoria Money Market 100.00 100.00 6.21% Anchoria Equity Fund 109.89 110.30 7.80% Anchoria Fixed Income Fund 1.17 1.17 2.56% 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 16.65 17.16 8.72% ARM Discovery Fund 367.74 378.83 6.45% ARM Ethical Fund 30.71 31.64 5.59% ARM Money Market Fund 1.00 1.00 8.14% 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 103.38 104.11 7.60% AXA Mansard Money Market Fund 1.00 1.00 6.17% CAPITAL EXPRESS ASSET AND TRUST LIMITED info@capitalexpressassetandtrust.com Web: www.capitalexpressassetandtrust.com ; Tel: +234 803 307 5048 Fund Name Bid Price Offer Price Yield / T-Rtn CEAT Fixed Income Fund 1.96 1.96 19.98% CHAPELHILL DENHAM MANAGEMENT LTD investmentmanagement@chapelhilldenham.com Web: www.chapelhilldenham.com, Tel: +234 461 0691 Fund Name Bid Price Offer Price Yield / T-Rtn Chapelhill Denham Money Market Fund 100.00 100.00 8.75% Paramount Equity Fund 13.13 13.29 4.59% Women's Investment Fund 116.17 117.25 5.24% 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 8.85% Cordros Milestone Fund 2023 107.61 108.25 Cordros Milestone Fund 2028 118.14 118.93 CORONATION ASSEST MANAGEMENT investment@coronationam.com Web:www.coronationam.com , Tel: 012366215 Fund Name Bid Price Offer Price Yield / T-Rtn Coronation Money Market Fund 1.00 1.00 7.48% Coronation Balanced Fund 0.96 0.97 3.90% Coronation Fixed Income Fund 1.36 1.36 2.21% 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 6.00% EDC Nigeria Money Market Fund Class B 1,000,000.00 1,000,000.00 6.16% EDC Nigeria Fixed Income Fund 1,179.06 1,180.64 1.44% 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 N/A N/A N/A FBN Balanced Fund N/A N/A N/A FBN Money Market Fund N/A N/A N/A FBN Nigeria Eurobond (USD) Fund - Institutional N/A N/A N/A FBN Nigeria Eurobond (USD) Fund - Retail N/A N/A N/A FBN Nigeria Smart Beta Equity Fund N/A N/A N/A 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 9.63% Legacy Debt Fund 3.67 3.67 0.52% Legacy Equity Fund 1.20 1.22 5.79% Legacy USD Bond Fund 1.08 1.08 0.29% 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 3,183.75 3,222.64 6.78% Coral Income Fund 3,099.04 3,099.04 13.06% FSDH Treasury Bills Fund 100.00 100.00 8.51% GREENWICH ASSET MANAGEMENT LIMITED assetmanagement@gtlgroup.com Web: www.gtlgroup.com ; Tel: +234 1 4619261-2 Fund Name Bid Price Offer Price Yield / T-Rtn Greenwich Plus Money Market Fund 100.00 100.00 5.25% Nigeria Entertainment Fund 120.29 120.70 12.05%

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 7.11% Vantage Balanced Fund 2.28 2.31 5.68% Vantage Guaranteed Income Fund 1.00 1.00 11.63% Kedari Investment Fund (KIF) 145.57 146.07 16.64% 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 1.23 1.25 5.61% Lotus Halal Fixed Income Fund 1,107.03 1,107.03 0.80% MERISTEM WEALTH MANAGEMENT LTD info@meristemwealth.com Web: http://www.meristemwealth.com/funds/ ; Tel: +234 1-4488260 Fund Name Bid Price Offer Price Yield / T-Rtn Meristem Equity Market Fund 10.41 10.51 13.80% Meristem Money Market Fund 10.00 10.00 6.81% 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 1.42 1.44 15.98% PACAM Fixed Income Fund 12.33 12.42 9.25% PACAM Money Market Fund 10.00 10.00 10.50% PACAM Equity Fund 1.20 1.21 PACAM EuroBond Fund 108.34 110.22 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 135.36 137.40 13.02% 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 1.00 1.00 0.07% 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 2,521.35 2,532.80 4.18% Stanbic IBTC Bond Fund 210.33 210.33 0.45% Stanbic IBTC Ethical Fund 0.88 0.89 7.30% Stanbic IBTC Guaranteed Investment Fund 273.87 273.95 0.94% Stanbic IBTC Iman Fund 154.92 156.64 5.40% Stanbic IBTC Money Market Fund 100.00 100.00 6.76% Stanbic IBTC Nigerian Equity Fund 7,674.15 7,756.30 7.11% Stanbic IBTC Dollar Fund (USD) 1.16 1.16 0.44% Stanbic IBTC Shariah Fixed Income Fund 118.18 118.18 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 1.25 1.27 4.04% United Capital Bond Fund 1.75 1.75 0.91% United Capital Equity Fund 0.74 0.76 4.77% United Capital Money Market Fund 1.00 1.00 7.44% United Capital Eurobond Fund 112.27 112.27 0.34% United Capital Wealth for Women Fund 1.11 1.11 1.51% 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 10.93 11.11 6.60% Zenith Ethical Fund 12.13 12.29 4.62% Zenith Income Fund 22.98 22.98 3.42% Zenith Money Market Fund 1.00 1.00 5.59%

REITS NAV Per Share

Yield / T-Rtn

3.40 118.84 52.31

-64.85% -0.08% 0.50%

Bid Price

Offer Price

Yield / T-Rtn

10.00 104.00 80.15

10.10 106.23 81.63

14.78% 12.47% 8.71%

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

3.92 5.54 13.85 12.56 171.73

3.96 5.62 13.95 12.76 173.73

10.41% -6.21% 13.84% 20.70% -8.29%

NAV Per Share

Yield / T-Rtn

108.69

17.60%

INFRASTRUCTURE FUND Fund Name Chapel Hill Denham Nigeria Infrastructure Debt Fund

The value of investments and the income from them may fall as well as rise. Past performance is a guide and not an indication of future returns. Fund prices published in this edition are also available on each fund manager’s website and FMAN’s website at www.fman.com.ng. Fund prices are supplied by the operator of the relevant fund and are published for information purposes only.

TUESDAY JANUARY 28, 2020 • T H I S D AY

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TUESDAY JANUARY 28, 2020 ˾ T H I S D AY

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Four Persons Die of Lassa Fever in Taraba Four persons have been confirmed dead in Taraba State following the outbreak of Lassa fever. The state Commissioner for Health, Dr. Innocent Vakkai, disclosed this to reporters yesterday in Jalingo, the state capital.

He explained that the ministry has recorded 15 suspected cases of Lassa fever, with only five found to be positive. Vakkai said the four people said to have died were among the five patients tested positive. He added that most of the cases came from six local

government areas of Bali, Gashaka, Gassol, Ardo-Kola, Jalingo and Ibi. According to the commissioner, the state government has

activated its surveillance system for more case detection and proper treatment. He noted that efforts were ongoing to create awareness for

residents of the state to enlighten them about the symptoms of the disease. Vakkai regretted that challenges such as late reporting

of patients to hospitals and difficult terrains of the state have remained major banes to the management of the disease in Taraba.

Bauchi Chief of Staff Resigns Segun Awofadeji in Bauchi Bauchi State Governor, Senator Bala Abdulkadir Mohammed has approved the voluntary resignation of Alhaji Abubakar Kari as Chief of Staff, Government House. According to a Press Statement signed by the Secretary to the State Government (SSG), Mr. Mohammed Sabi’u Baba, the governor thanked him for the selfless service rendered

during his tenure of office as Chief of Staff and wished him Allah’s guidance in his future endeavours. Accordingly, the Governor has also approved with immediate effect the appointment of Dr. Ladan Salihu as the new Chief of Staff, Government House, Bauchi. Until his appointment, Salihu was the Commissioner for Information and Communication.

Imo PDP Chairman Resigns Amby Uneze in Owerri Imo State Chairman of the Peoples Democratic Party (PDP), Chief Charles Ezekwem, has dumped the party following the controversial Supreme Court judgment which declared Senator Hope Uzodinma of the All Progressives Congress (APC) as the governor of the state. Recall that earlier, the former National Deputy Auditor of the party, Chief Regis Uwakwe, also from

Okigwe had on 14 January, 2020 dumped the party for APC immediately Uzodinma was declared governor by the Supreme Court. Ezekwem cited what he described as prevailing circumstances within the party as his major reason for quitting the party. His resignation letter was dated January 25, 2020 and personally signed by him. The letter was addressed to PDP National Chairman, Uche Secondus.

OYO LG CRISIS ESCALATES

“This is a self-inflicted pain on the people of Oyo State. For almost eight months, we have not been in the office; we waited and we are law-abiding people. Makinde has never called us. We must finish our tenures. We have spent one year in the office before he came and we must finish our tenures,” he stated.

Oyo Govt Warns Council Chairmen The state government, however, described the action of the sacked chairmen as criminal and vowed to bring the full weight of the law to bear on them for their alleged violent takeover of the councils. The state government, in a statement by the Special Adviser on Strategy and Political Matters to the governor, Hon. Babatunde Oduyoye, condemned what it called the unwarranted lawlessness and motor-park-like brigandage perpetrated by the sacked chairmen. It accused them of breaking into council offices, vandalising gates, doors, windows and other property at the respective council secretariats. The government, however, appealed to the people to remain calm, law-abiding and patient, pending the decision of the Court of Appeal on the matter slated for hearing on February 19. 2020. It promised that “a drastic measure” would be taken on the reports of destruction and violence which characterised the takeover. Police Appeal to Stakeholders to be Circumspect But police in the state, in a statement, said their

role should not be seen as a face-off but as part of the professional efforts geared towards the performance of their constitutional responsibilities. In the statement entitled: “The re-instatement of erstwhile Local Governments/ LCDAs Chairmen in Oyo,” which was released by the state Police Public Relations Officer (PPRO), Mr. Gbenga Fadeyi, the CP noted that it was the constitutional responsibilities of the police to protect lives and property in accordance with the 1999 Constitution (as amended) and the Police Acts and Regulations. “As the police continue to strive to provide adequate security at the respective local government offices; nonetheless, the stakeholders are enjoined to refrain from any act(s) or cause of action that may lead to breakdown of laws and order, lawlessness, and subsequent avoidable shedding of blood, injuries or damage to property. “It is our hope that the issues at stake/unintended logjam will eventually be addressed to the satisfaction of all the groups concerned and in the best interest of the entire people of Oyo State who have no other state that they can call their own. “In conclusion, social miscreants/criminal minded individuals/groups are hereby warned to stay clear from the premises of the Local Governments and LCDAs as the Police will not allow any such developments,” he warned.

IN VICTORY MOOD...

L-R: Ondo State Governor, Mr. Rotimi Akeredolu; and National Chairman of All Progressives Congress (APC), Mr. Adams Oshiomhole at the inauguration of Kogi State Governor, Alhaji Yahaya Bello for second term in Lokoja… yesterday

NECO Confirms Ifeanyi Uba’s Certificate HURIWA berates judiciary for sacking senator Deji Elumoye, Kingsley Nwezeh in Abuja and Esther Oluku in Lagos The National Examinations Council (NECO) has written the Young Progressives Party (YPP) to authenticate the NECO result of Senator Ifeanyi Uba which debunked claims that he forged his school certificate result which was presented to the Independent National Electoral Commission (INEC) for his senatorial election. This is coming as a civil society group, Human Rights Writers Association of Nigeria (HURIWA) has called the integrity of the judiciary to question following a High Court ruling in Abuja which annulled the senatorial ticket of Senator Ubah of Anambra South Senatorial District on the

grounds of certificate forgery. A High court sitting in Kubwa area of the Federal Capital Territory had on January 17, declined to set aside its judgment on the nullification of the election of the candidate of YPP, Ubah, for allegedly using a forged NECO certificate to contest the senatorial election that held in the state on February 23, 2019. But Uba at a press briefing in Abuja presented a letter from NECO, which was a response to an application for the authentication of NECO certificate and result of the Senator. He said that in the result of the examination which he sat for in 2003, he obtained seven credits with a failure in biology. The letter signed by the Head of Legal and Board Affairs, Comfort Kolo, who signed on

behalf of the registrar, confirmed the candidate’s number 31474672FC and examination number 303865920. In a letter with reference number NECO/R/LGS/20/003, dated January 23, 2020 and addressed to YPP, the examination body affirmed that Senator Uba sat for the examination. “In all, we state with every sense of duty and responsibility that both the certificate and the statement of result and confirmation of result are genuine”, NECO said. Uba said his opponents maligned him and attempted to destroy his reputation. He said the judgment against him did not take cognisance of the difference between a certificate and a statement of result.

“I wrote to NECO and they have replied me. I had credits in seven subjects and failed biology. What I submitted to INEC was the certificate as required. They have tried to confuse the judge and malign me and I want to set the record straight”, he said. Speaking earlier, Head of the Human Rights Writers Association of Nigeria (HURIWA), Emmanuel Onwubiko, said the judgment of the FCT High Court made factual errors notably the date the election took place and the reference to statement of result instead of certificate. Onwubiko maintained that the said certificate is in no way forged, adding that the judge may have been deceived or was not given access to the right information before executing judgment.

NIS Intercepts Seven Trafficked Girls at Lagos Airport Chinedu Eze The Nigeria Immigration Service (NIS), Airport Command has intercepted seven girls who were being trafficked to Dubai in United Arab Emirates, Cairo

in Egypt and Oman. The victims were stopped at the Murtala Muhammed International Airport, Lagos, as they made to depart the country on Emirates and Egypt Airlines.

Three girls were scheduled to fly to Dubai while the other four were billed for Cairo. The NIS spokesman, Mr. Sunday James explained in a statement yesterday that the Comptroller-General of NIS,

Burna Boy Loses Grammy Awards to Angelique Kidjo Beninese singer-songwriter, Angelique Kidjo, was declared the winner of the Best World Music Album at the 62nd Grammy Awards. She beats Nigeria’s Burna Boy and three other nominees to win the Grammy on Sunday at the Staples Centre, Los Angeles. Angélique Kpasseloko Hinto Hounsinou Kandjo Manta Zogbin Kidjo, known as Angélique Kidjo, is a Beninese singer-songwriter, actress, and activist who is noted for her diverse musical influences and creative music videos. In

2007, Time magazine called her “Africa’s premier diva”. The Grammy Award nominees are albums containing at least 51 per cent playing time of new vocal or instrumental World Music recordings. Kidjo, 59, now with her fourth Grammy win overall in the category, is known for her hit songs “Agolo”, “We We”, “Adouma”, “Wombo Lombo”, “Afirika”, “Batonga” and “Celia”. Others nominated in the category alongside Burna Boy are Altin Gun, “Gece”, Bokante

& Metropole Orkest conducted by Jules Buckley, “What Heat”, Nathalie Joachim with Spektral Quartet, “Fanm D’Ayiti”, and Angelique Kidjo, “Celia”. With his 2020 nomination, Burna Boy joins the likes of Seun Kuti, Femi Kuti and King Sunny Ade in getting listed in that category at the Grammy Awards. Other Nigerian Grammy nominees include Babatune Olatunji, Wizkid, Timaya, and Kah Lo. Sikiru Adepoju won the Grammy Awards in 1991 and 2009.

Mr. Muhammad Babandede, had assured Nigerians that the NIS would not relent in its effort to keep Nigerians safe. “The Comptroller in charge of the Airport Command of NIS, Mr. Usman Abdullahi was commended alongside his dutiful officers and enjoined not to relent as the activities of human traffickers and smugglers must be discouraged and halted through aggressive intelligence -gathering and proactive operations and surveillance.”

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FCTA Declares 53.55% of Inspected Vehicles Not Roadworthy Olawale Ajimotokan in Abuja Federal Capital Territory Administration (FCTA) has announced that 55,545 vehicles in Abuja, representing 53.55 per cent of the vehicles inspected in 2019 failed the road worthiness test. The Acting Secretary, Directorate of Road and Transportation Secretariat (DRTS) in FCTA, Mrs. Alice Odey-Achu, made the revelation yesterday, while reviewing the activities of the secretariat in the past one year. Odey-Achu said 103,919 vehicles were inspected, while of the figures 48,274 vehicles, representing 46.45 per cent of the total value passed the test. Available statistics revealed that the highest number of road unworthiness was recorded in April 2019, when 7,221 of the 12,948 vehicles that were inspected failed the assessment test. She noted the poor vehicle maintenance culture of most

drivers and bad road network in the suburbs of the FCT as causative agents of the defection in some vehicle components. She also noted that the percentage of the vehicles that failed the road worthiness test was higher, because most of the imported fairly used vehicles (Tokunbo) showed more defects that were detected during computerised inspections, which ordinarily could not be detected during physical inspection. Some of the defects were steering alignments, defective suspension and defective lightening system, among others. The acting secretary said the DRTS had now made it mandatory for vehicle owners wishing to renew their vehicle licence papers to undergo the computerise inspection in order to ensure safer road in the territory. The DRTS also noted that 104,969 vehicles presented form registrations and document

NLNG Signs Sales Agreement with Eni Peter Uzoho Nigeria Liquefied Natural Gas (NLNG) Limited and Eni have signed LNG Sale and Purchase Agreement (SPA) for some of the remarketed volumes from NLNG’s Trains one, two and three. The agreement is for the supply of 1.5 million tonnes per annul (mtpa) for a 10-year term on a Delivered Ex-ship (DES) and Free on Board (FOB) basis. NLNG announced this yesterday in a statement signed by its General Manager, External Relations, Mrs Eyono Fatayi-Williams. The company had signed similar deal with Total Gas and Power (TGP) last week. It explained that the

agreement with Eni signifies customers’ confidence in NLNG as a trusted, safe and reliable LNG supplier in the world. The company added that it was primed for taking up a position in the ranks of top LNG companies with plans to grow its market share, adding that the SPA with Eni advances the ongoing plans by NLNG to remarket volumes from the three trains. NLNG is an incorporated Joint-Venture owned by four shareholders, namely, the federal government, represented by the Nigerian National Petroleum Corporation (NNPC) with (49) per cent, Shell Gas B.V. (25.6) per cent, Total Gaz Electricite Holdings France (15) per cent, and Eni International N.A. N. V. S.àr.l (10.4) per cent.

Crisis Hits Ekiti PDP as Party Sacks LG Chair for Anti-party Activity Victor Ogunje in Ado Ekiti As crisis of confidence is now brewing in the Peoples Democratic Party (PDP) in Ekiti State, the State Working Committee (SWC) of the party has booted out the acting Chairman of Ado Ekiti Local Government Area of the party, Mr. Dare Olomofe, from office. Olomofe, according to a statement issued by the party, was removed for engaging in alleged anti-party activity capable of destroying PDP and receive its popularity. The statement signed by the party’s Publicity Secretary, Jackson Adebayo, said Olomofe was appointed by the SWC led by its state Chairman, Gbogega Oguntuase, to act in place of former chairman of the party, Mr. Akintunde Osadeyi, who had earlier been suspended from the party. Adebayo added: “The State Executive Committee, after

considering the report of the committee set up to review the suspension of Osadeyi, reinstated him to office as the substantive chairman of PDP in Ado Ekiti LGA.” The party also suspended two ward Chairmen, Remigious Ogunmoriye and Tope Makanjuola, for allegedly conducting elections to fill vacancies in their wards without authorisation from SWC. The duo, according to Adebayo, were slammed with three months suspension orders in line with section 58(1) of the constitution of the party, while their vice chairmen would act in acting capacity pending the expiration of the punishment. Adebayo appealed to members of the party to respect the constitution of the PDP and the leaders for internal cohesion that would reposition the party in order to reclaim Ekiti State in 2023.

renewals while 1,356 drivers were prosecuted for various

traffic offences. The secretariat similarly said

N3.4 billion was generated in 2019, indicating a 22.46 per cent

increment on the N2.6 billion generated in 2018.

CELEBRATING VICTORY...

L-R: Member representing Esan West, Esan Central and Igueben Federal Constituency at the National Assembly, Hon. Joe Edionwere; Chairman, Edo State Chapter of the All Progressives Congress, Mr. Anselm Ojezua; Speaker, state House of Assembly, Hon Frank Okiye; Deputy Governor of Edo State, Hon. Philip Shaibu; and Edo State Governor, Mr. Godwin Obaseki, during Hon. Marcus Onobun’s election victory thanksgiving, in Ekpoma, Esan West Local Government Area…recently

High Interest Rate will Hurt Economy, Says LCCI Dike Onwuamaeze The Lagos Chamber of Commerce (LCCI) has commended the Central Bank of Nigeria’s (CBN) Monetary Policy Committee (MPC) decisions of Friday, January 24, 2020, which expressed concerns on Nigeria’s rising debt profile and the associated sustainability concerns and warned that the tightening of the Cash Reserve Ratio (CRR) would spike inflation. The MPC were worried about the use of Debt-to-GDP ratio as a measure of debt sustainability; the vulnerability of the country’s

economy to external shocks and the imperatives of building buffers and the risk of excess liquidity from maturing OMO bills. Other areas of concern were on the need to rationalise fiscal expenditure and reduce cost of governance as well as the need for government to address structural and security issues in order to strengthen domestic productivity. However, the LCCI also warned that the monetary tightening position that resulted in the upward review of the Cash Reserve Requirement (CRR) from 22.5 per cent to 27.5 per cent would have negative impacts

on the country’s economy. These impacts, according to the Director General of LCCI, Dr. Muda Yusuf, include the “reversal of the current downward trend in interest rate, which has begun to impact positively on the economy, especially the real sector.” In addition, the chamber noted that the monetary tightening could have adverse effect on deposit mobilization, which could impact negatively on the financial intermediation role of deposit money banks. “A high interest trajectory (which the tightening policy portends) will impact negatively

on investment growth especially in the real economy. The prospects for increased job creation may be further dimmed. “The recent rebound in the stock market would suffer a reversal as interest rate increases and money market instruments become more attractive to investors. “We believe that what the economy needs at this time are policy actions aimed at stimulating investment to boost output, create jobs and ultimately moderate inflation. Monetary policy tightening will negate the realization of these objectives,” Yusuf said.

Alleged Fraud: FG’s Case against Former Employee of Eunisel Resumes Jan 29 Hearing in the fraud case between the federal government and Kenneth Amadi, a former employee of Eunisell Limited, resumes on January 29, 2020. The case was to have begun on January 8, but was shifted because courts were on break. Amadi is alleged to have obtained the sum of N2.9 billion belonging to his former employer, Eunisell Ltd under false pretences with intent to defraud. The offences are contrary to Section 1(1)(a) of the Advance Fee Fraud and other fraudrelated offences Act, CapA6, laws of the Federation of Nigeria, 2004 and punishable

under section 1(3) of the same Act. When the matter was called for hearing on November 27, 2019, the 1st defendant was absent, while the 2nd defendant, IDID Nigeria Ltd. was represented by an employee. Chief State Counsel from the Department of Public Prosecutions of the Federation, A.K Aliyu had informed the court that attempts were made to serve the charge on the 1st Defendant through his counsel but the lawyer from the office of the learned silk declined to accept service. However, the defendant’s counsel, Mr.

Emeka Etiaba (SAN) told the court that they were not opposing arraignment and trial, adding it was an error of communication on the part of the junior colleague regarding the issue of acceptance of service. He then accepted the charge and court summons of behalf of the 1st Defendant The charges against the Defendants include receiving and obtaining by false pretence, with intent to defraud, the sum of N2, 900, 000, 000 belonging to Eunisell Ltd, omitting to make full and true entry thereof in the books and accounts; suppression of data in respect of the financial

transfer to Eunisell Ltd, and converting same without authority to create sufficient deposits to promote the credibility of his own company (IDID Nigeria Limited). Meanwhile, an Abuja High Court recently dismissed a libel case filed by Kenneth Amadi, against Eunisell Limited and two others. Justice Jude Okeke, of The High Court of Justice, held that the libel or the publications having not been made out the other reliefs predicated on the defamation by way of general and special damages as claimed have no basis to stand.

Ibadan Disco to Implement New VAT Rate Feb 1 Ibadan Electricity Distribution Company (IBEDC) has announced that from February 1, 2020, there will be an upward review in the prices of Meters sold to customers under the Meter Asset Provider scheme (MAP) introduced in 2019. The company said in a

statement that the increase is necessitated by the federal government’s increase in the value added tax (VAT) from five per cent to 7.5 per cent. In the light of the above, a single -phase Meter which used to cost N38,325 (VAT inclusive) will now cost N39,237.50( VAT inclusive), while the three-

phase Meter, which used to cost N70,350.00(VAT inclusive) will now costs N72, 025.00(VAT inclusive) . Subsequently, the meter service charge on MAP payment by installments will also be reviewed to accommodate the new VAT charge.

IBEDC pointed out that, similarly the VAT on tariff has been adjusted to accommodate the new 7.5 per cent rate. The company appealed to its esteemed customers to take note, as this will be reflected during bill payment and vending for postpaid and pre-paid customers respectively.

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Ëœ ÍşÎ€Ëœ ͺ͸ͺ͸ Ëž T H I S D AY

TUESDAYSPORTS

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

T R I B U T E S . . .T R I B U T E S . . . .T R I B U T E S . . . . .

Trump, Obama, O’Neal, Abdul-Jabbar, Jordan, LeBron, Others Eulogise Bryant Kobe Bryant, 41, who along with his daughter Gianna and and seven other persons died in a helicopter crashin California on Sunday morning has been described as one of the most extraordinary players� in the history of basketball who “inspired people around the world� to play the game. Bryant, who retired in 2016 after a 20-year career with the LA Lakers, was a five-time NBA champion and was named an NBA All-Star 18 times. He and his wife, Vanessa, have three other daughters - Natalia, Bianca and Capri. NBA Commissioner, Adam Smith, insisted yesterday that “the NBA family is devastated by the tragic passing of Kobe Bryant and his daughter, Gianna.� “For 20 seasons, Kobe showed us what is possible when remarkable talent blends with an absolute devotion to winning. He was one of the most extraordinary players in the history of our game with accomplishments that are legendary. “But he will be remembered most for inspiring people around the world to pick up a basketball and compete to the very best of their ability. “He was generous with the wisdom he acquired and saw it as his mission to share it with future generations of players, taking special delight in passing down his love of the game to Gianna.� Also speaking on Kobe’s death, Shaquille O’Neal, who won three NBA titles alongside Bryant for the LA Lakers, said: “There’s no words to express the pain I’m going through with this tragedy of losing my niece Gigi & my brother, my partner in winning championships, my dude and my homie. “I love you and you will be missed. My condolences goes out to the Bryant family and the families of the other passengers

on board. I’m sick right now.� The NBA’s all-time leading scorer Kareem Abdul-Jabbar, who played for the Lakers from 1975-1989, said: “It’s very difficult for me to put in words how I feel. Kobe was an incredible family man, he loved his wife and daughters, he was an incredible athlete, he inspired a whole generation. This loss is hard to comprehend.� Former US President Barack Obama wrote on Twitter: “Kobe was a legend on the court and just getting started in what would have been just as meaningful a second act. To lose Gianna is even more heartbreaking to us as parents. Michelle and I send love and prayers to Vanessa and the entire Bryant family on an unthinkable day.� US President Donald Trump said: “Kobe Bryant, despite being one of the truly great basketball players of all time, was just getting started in life. He loved his family so much, and had such strong passion for the future. The loss of his beautiful daughter, Gianna, makes this moment even more devastating.� Former LA Lakers president Magic Johnson, a five-time NBA champion in the 1980s, tweeted: “Kobe was a leader of our game, a mentor to both male and female players. Words can’t express the impact that he had on the game of basketball.� Six-time NBA champion Michael Jordan added: “I loved Kobe - he was like a little brother to me. We used to talk often, and I will miss those conversations very much.“He was a fierce competitor, one of the greats of the game and a creative force. Kobe was also an amazing dad who loved his family deeply - and took great pride in his daughter’s love for the game of basketball.� LeBron James surpassed Bryant to become the NBA’s

Nigerian Basketball Community in Shock, Mourning The leadership of the Nigeria Basketball Federation (NBBF) is in shock following the death of basketball legend and multiple NBA winner, Kobe Bryant. The NBBF board reacting to the sad news that filtered in on Sunday nightdescribed the death as shocking which has thrown the global basketball family into mourning. Speaking through it’s President, Musa Kida described Kobe Bryant as not just a basketball legend but a global icon who took the world by storm and left his mark on the sand of time. He described the unfortunate incident involving the basketball star alongside his daughter Gianna and seven others who died in the fatal

helicopter crash as one that will leave a dent on the sporting community for ever. We join the world to mourn a man that has given everything to entertain the world through basketball. “We commiserate with his immediate family, the Los Angeles Lakers franchise where he played his entire NBA career, the entire NBA management and people all over the world who has been affected by this unfortunate incident.� Speaking further, Kida described Kobe Bryant as an inspiration to many kids in Nigeria who wanted to take up basketball as a profession. “We are going to miss him. We pray that his soul and the eight others find eternal rest.�

third-highest scorer of all time on Saturday.

Speaking after the game, which was the day before

Bryant’s death, he said: “I’m happy just to be in

any conversation with Kobe Bryan.

Here are all the kids that were waiting for Kobe to arrive at this basketball camp with his daughter Gianna. They were told to kneel and pray when the unexpected happed on Sunday morning. Now, tributes are pouring in for the departed basketball legend, his daughter and all the other seven persons that died in that ill fated crash.

C A F C O N F E D E R AT I O N C U P

Agadir Hossania President Thumbs up Monimichelle over Aba Pitch President of top Moroccan club Hossania Agadir, Habib Sidinou was full of praise for Monimichelle the firm that constructed the Enyimba Stadium turf on Sunday when his club played out a 1-1 draw with Enyimba in the CAF Confederation Cup. Sidinou who was impressed with the Enyimba Stadium pitch said he was happy to see a Nigerian surface that supported good football declaring that it is good for African football. He noted that they knew the

field won’t be a problem when they trained at the Enyimba Stadium on the eve of the match. “We trained at the stadium on Saturday and we were impressed with what we saw. Good turf that supports good football. The ball behavior on the Enyimba turf was just like that of natural turf. Back home in Agadir we play on natural turf, but here in Aba, the turf is artificial but very good artificial. The important thing is if you have natural turf let it be excellent and if it artificial let it be the best like what you have

here in Aba. We need something like this every where in Africa for African football to grow.� Sidinou was also full of praise for the chairman of Enyimba, Felix Anyansi Agwu thumbing him up for ensuring that his club enjoyed the best of hospitality in Aba. “We are leaving Aba very happy. We were well received...the people are friendly and Enyimba boss Anyansi is a nice gentleman. I wish his club well. Hopefully both of us will progress from the group and possibly meet again in the final,�

Sidinou said. Enyimba are second in the group with seven points behind Agadir who are on top with 11 points. Enyimba would in their last match of the group face Ivorian side San Pedro away in Abdijan while Agadir play host to Paradou of Algeria. Paradou are third with five points, while San Pedro are at the bottom of the group with three points. Enyimba would need only a draw in Abdijan to join Agadir in the quarterfinals.

NOC to Inaugurate Commissions Today The Nigeria Olympic Committee (NOC) has concluded plans to formally inaugurate it’s various Commissions on Wednesday in Lagos. The composition of the commissions in line with the provisions of the International Olympic Charter and NOC Statutes. Also, these subsidiary governing bodies are not only advisory, but equally essential in

the promotion of Olympic values President of the Nigeria Olympic Committee, Habu Gumel, stated that the formal inauguration is in line with the vision of the current board. Gumel stating further, that the NOC administration has adopted a broad-based approach in the appointment of these Commissions, in line with the vision of expanding the scope

of our operations to cover vital departments of Olympism. Hon Gbenga Elegbeleye, former Director General, National Sports Commission chairs the Ethics and Good Governance Commission. The Marketing and Sponsorship Commission is headed by Mr. Wahid Enitan Oshodi while Hon Mohammed Bello Suleiman is the Chairman of Sport and Environment

Commission. Also, the Liaison Commission have Gumel as Chairman with Chief Solomon Ogba as the Vice Chairman. Mrs. Margaret Binga, Phemmy Adetula and Alh. Sani Ndanusa as members. Mr. Olabanji Oladapo is the Secretary amongst other commissions. The inauguration continues on Thursday.

NOGIG 2020: ExxonMobil, NNPC, PTI Begin on Winning Note The defending champions, ExxonMobil, NNPC and PTI football teams recorded impressive wins yesterday in the opening day matches of the preliminaries of the Nigeria Oil and Gas Industry Games being played at the Legacy Pitch, National Stadium, Lagos. In the opening match, the defending champions ExxonMobil dismissed NLNG

2-0, hanks to Tayo Akande’s brace. The second match saw PTI beat SEPLAT 2-1 in a pulsating encounter that was nearly marred by the centre referee who made some controversial calls. A highly contested penalty call against SEPLAT saw their players stop play temporarily. However, their decision to stage a walk out was later rescinded after appeals

from officials of both sides. The resultant penlty was expertly converted by Shetima Bukar to give PTI the victory. PTI took the lead midway into the first half through the individual brilliance of Asogbon Seyifunmi who tore the SEPLAT defence to shreds before slotting the ball home. The first half ended with PTI maintaining their slim 1-0 lead.

On resumption for the second half, the two sides intensified their efforts, taking the battle to each other’s territory. It was SEPLAT that were soon rewarded for their industry as one of their midfeilders was brought down just outside the third half. Captain Nwulu Daniel stepped up to take responsibility and he did it so well.

TUESDAY JANUARY 28, 2020 • T H I S D AY

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Tuesday January 28, 2020

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Price: N250

MISSILE Yakasai to South-east

“The North, West have had it. It will not make sense to deny the South-east. But then, the Igbos have to work hard for power and convince people because it is a matter of numbers” – Elder statesman, Alhaji Tanko Yakasai, calling on South-east to work hard and convince other parts of the country to accept its candidate for the presidency come 2023.

TUESDAY WITH REUBENABATI abati1990@gmail.com

Kobe Bryant and Other Stories “Y ou look so downcast. Everything okay? Cheer up, man. This one that you are looking as if a trailer just crushed your legs.” “I won’t deceive you. I am not happy at all. I am sad. Heart-broken.” “What happened? You lost a contract, or someone swindled you? Whatever it is, just cheer up. When there is life, there is hope” “I just look around and I wonder why this world is the way it is.” “Don’t’ sound like that. The world has always been the way it is, and it will always be as it is, life without end.” “So is that why bad things should always happen?” “Good things happen too. Everyday. Life is a terrible mixture of good and bad. Be philosophical my brother. Without philosophy, we would all be sad and depressed and waiting to die.” “So is that why Kobe Bryant should die in a helicopter crash, along with his 13-year old daughter, and seven others?” “Very sad. Tragic. In that helicopter crash, a dream died. The future was erased.” “He was just 41. He had to die at a time he should be enjoying his retirement. He had great hopes that his daughter would step into his shoes and become a great basketball athlete, the same way he too took over from his Dad, who was a basketball player. And just like that, the helicopter burst into flames putting an end to it all.” “I am not a basket ball fan but from the little I have read in the news; he must have been one legend of a guy on the basketball court.” “You don’t know Kobe Bryant? What are you? An alien?” “Football is my game. I am a football person.” “Kobe was one of the greatest human beings that ever played basket ball. He spent 20 seasons with the LA Lakers and made history with his talent. He is in the class of Michael Jordan. Off the basketball court, he was a humanist. We have lost a gem and a hero. He was NBA champion for a record five times. Most Valuable Player. NBA scoring champion. Olympic Champion. O ye Hills of Calabasas! May whatever demons that live therein remain cursed.” “From what I read, it looked like the crash was caused by weather problem. I understand the weather was so foggy even the police grounded all their helicopters.” “Kobe always shuttled around in his helicopter to avoid busy traffic. That was not the first time he would use his helicopter.” “Accidents happen.” “I know. But this one should not have happened.” “There were other people in the helicopter.” “I know. Their death is also tragic. John Altobelli, the coach of the Orange Coast College baseball team, his wife, Keri, their daughter Alyssa and Christina Mauser, a basketball coach at the Mamba Sports Academy.” “Take heart. His legacy will no doubt endure. The way people have been reporting the incident, I am beginning to show interest in basketball. You are not alone. I have seen many Nigerians who have expressed so much sadness.” “People are mourning all over the world, from the US to Italy to the Philippines.” “I hope someday Nigeria will produce such a great athlete too, in any of the sports, who will capture the public imagination and evoke empathy in life and in death, not because of where he or she comes from, but on account of the quality of his or her contributions and achievement.” “Do we value anything here? In a country where people are beheaded or killed in cold blood, and there is just no outrage? Isaac Promise, who distinguished himself representing Nigeria in U-20,

Bryant and U-23 football died the other day, nobody from the Nigeria Football Federation attended his funeral. A Christian leader in Adamawa was abducted by the Boko Haram. He was later beheaded. Did anybody consider that unusual? We don’t care enough. Human lives mean nothing in Nigeria not to talk of the lives of accomplished persons who inspire others to greatness” “By the way, I understand that one Prophet in Ghana has said that he can raise Kobe Bryant from the dead if 10% of his net worth is given to him.” “Please. I am not in the mood for that. Too many charlatans parading as prophets. I am talking about death, you are quoting an idiot.” “Talking about human lives, I have just read the story of the conviction of that lady who killed her husband in Abuja, because the man was seeing another woman.” “Maryam Sanda. That is another tragic story. I understand after the judge read out his ruling, and pronounced death by hanging, she ran out of the court.” “That was a tragic moment, with the judge reminding everyone in court that “Thou shall not kill. Whoever kills in cold blood shall die in cold blood.” “You know these days when I attend a wedding, my prayer for the couple is that may they find everlasting love in each other’s company. Too many cases of domestic violence these days. Husbands killing their wives. Wives killing their husbands. Where then is love?” “You know as I was going through the Maryam Sanda story, I saw another story, about how a 19-year old housewife in Malumfashi in Katsina also killed her husband yesterday. And somewhere in Abia State, one Mr. Kalu also shot his wife citing infidelity. Angry youths in the community captured the man and killed him.” “When we have this kind of incident, so much is affected. Families are thrown into grief. The children in the marriage become orphans. It is one tragedy after another. Take the case of one 29-year old lady in Umuahia. She caught her husband in bed with their housemaid. She was so enraged she poisoned herself and her two children. “What nonsense is that?” “It is called the Medea Complex” “Who is Medea?” “I don’t want to bore you with Greek mythology. But if you have the time, try and read the ancient Greek play, Medea by Euripides.” “Must you always quote a book? Look, I don’t have time for any ancient story. And I don’t need to read a book to know that there is depression in the land and that many couples are just tolerating each other. Why would a man shoot his wife? Why would a wife kill herself and her children because of a man? Because of infidelity? Well may be with the Maryam Sanda case, people will learn some lessons. You can’t just get angry and kill another person.”

“But do you think she stands any chance of winning at the Appeal Court? She has two children. Who will look after her children?” “In this country, anything can happen. After that Supreme Court ruling on the Imo State Gubernatorial election, I concluded that anything can indeed happen in our courts. But talking seriously, a miracle may happen in the Maryam Sanda case. Afterall when one lady, Yewande, killed her husband in Ibadan in 2016, she was sentenced to only seven years imprisonment. She was later granted state pardon by the state government. Today, she is free. She will marry another man and move on.” “The facts of the case may not be exactly the same. But murder is murder. Jealousy kills. Anger destroys. Hopefully, her lawyers will pursue the case all the way to the Supreme Court. Who knows?” “Supreme Court. That reminds me. Emeka Ihedioha who was removed as Governor of Imo State, is going back to the Supreme Court to ask for a review of that controversial judgement?” “I am aware of that. It is like giving the Supreme Court a second chance to correct its own mistakes. I hope their Lordships will find the courage to do the right thing. And I hope no ambulance lawyer will come up with the inane argument that the referee’s decision is final. Even in football these days, there is something called VAR. The Supreme Court needs to take a second look at the Imo case.” “Are you optimistic that the Supreme Court will reverse itself? I don’t see that happening. There must be an end to litigation.” “Still, justice must be done. Justice, not law.” “What if the Court insists that it has done justice?” “And what if the Court reverses itself and returns Ihedioha as Governor?” “So that people like you can abuse their Lordships” “Nobody will abuse them. Just answer my question, what if…?” “I don’t think we can comfortably comment on something that may or may not happen.” “Let us just assume” “I don’t know. I don’t know. But if that happens, I would like to see the reaction of all the members of the Peoples Democratic Party (PDP) in Imo state who immediately defected to the All Progressives Congress (APC), the moment Ihedioha was removed by court order and Senator Hope Uzodinma was installed as Governor.” “Those ones? They will simply abandon the APC and return to the PDP. They will do so with straight faces and justify their conduct.” “No ideology” “There is nothing called ideology in Nigerian politics. There are only stomachs. And some stomachs are bigger than other stomachs.” “My belle oh.. my stomach oh.” “Even the people are interested in their own stomachs too. That is why they sell their votes to the highest bidder.” “Our democracy is in trouble.” “You can say that again.” “Hen hen. How far with this their Operation Amotekun thing in the South West, now that the Federal Government says the security network as proposed is no longer illegal? Have you seen any of the Amotekun officials on the streets of the South West?” “I have seen pictures of Amotekun vehicles on social media. I have seen pictures of hunters wearing charms and amulets. I have also seen pictures of some pretty ladies wearing Amotekun fabric, each one of them with “come and do” eyes. I tell you, if those are the kind of ladies that will be recruited into the Amotekun squad, I may consider a change of vocation and join the Amotekun” “Very good. I will be the first to let your wife

know your plans. Whatever happens to you, you are on your own. Of all the things that have been said and written about Amotekun, the only thing that you are excited about is the images of women, who have nothing to do with the security outfit by the way, but who are just part of the dark humour that the Amotekun has generated on social media.” “We joke too much in this country. That is part of our problem. But did you see the T-shirts that some people have made with Amotekun labels, and which they are now selling online?” “That’s called enterprise. I have no problem with that. It is certainly better than what one Pastor is trying to do in Abuja.” “Which Pastor is that?” “I don’t know his name. I only know that he is now selling what he calls “miracle pants and bras” specially designed for single ladies who are looking for husbands. It is said that the miracle pants and bras will attract men. And you know some desperate girls will actually patronize the Pastor.” “These Pastors! Where in the Bible do you have miracle pants and bras? He is actually promoting promiscuity and pre-marital sex. Too many people hiding under religion to mislead people in this country.” “It is terrible. It is just like one Muslim group which has been quoted as saying Muslims in the South West should reject the Amotekun because it has Biblical origin.” “How? Amotekun is just a Yorba word for the Leopard. Amotekun also has symbolic meanings in Yoruba cosmogony as a totem.” “The Muslim Rights Concern (MURIC) is complaining that there is a reference to the leopard in the Bible. Specifically, Jeremiah 5: 6 which says “A leopard shall guard over their city.” The group claims that Amotekun is meant to be a Christian outfit, that will parade pastors, bishops and archbishops alone”. “What is wrong with some people, though? Why do we have so many idle people in this country?” “It beats me.” “Please let me come and start going. I’ll need to take an Okada back to the office. I didn’t come with my car. I don’t like driving up and down during office hours. I left my car in the office.” “Okada? Have you not heard that the Lagos State Government has banned motorcycles and tricycles on the streets of Lagos?” “That wont be until February 1. And in any case, it is not an outright ban, it is more like a restriction of movement. The state government merely wants to enforce an existing law. I only hope they will insist on certain regulations such as the use of helmets and ankle guards particularly by the motorcyclists and their passengers, and penalties for overloading.” “They should ban all motorcycles and tricycles. They are a nuisance. I detest them.” “And what jobs will you create to absorb the motorcyclists and tri-cyclists? You want to create an army of armed robbers and petty thieves? The poor should also be allowed to live. We only need to enforce the laws to save them from themselves.” “E-eee-hei-shun!!!” “What’s that? Did you just sneeze?” “What does it look like to you?” “Please come and be going before you come and give someone Corona Virus. Ha. Ha. Have you not been reading the public health advisory issued by the Nigeria Centre for Disease Control and the Federal Ministry of Health?” “There is no Corona Virus in Nigeria” “Who says? For your information, it is already in Ivory Coast. It is on its way. Please, I beg, don’t sneeze again anyhow. And don’t make the mistake of shaking my hand… Bye!.”

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