TUESDAY 19TH NOVEMBER 2019

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EFCC Collaborates with Interpol to Extradite Adoke Global police acted out of ignorance, says Ozekhome Iyobosa Uwugiaren and Alex Enumah in Abuja The federal government is working with Interpol to extradite the former

Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Bello Adoke (SAN), to face charges filed against him by the Economic and Financial

Crimes Commission (EFCC), THISDAY’s investigation has revealed.

A senior official of EFCC, who spoke with THISDAY in confidence in Abuja, gave an

indication that the Office of the Attorney-General of the Federation (AGF) will fast-track all the necessary legal protocols to extradite him to Nigeria to face trial.

But reacting to Adoke's arrest and detention in Dubai, UAE, in an interview with THISDAY, Chief Mike Ozekhome (SAN), who is counsel to the former AGF, blamed the action of

the Interpol on the failure of government to inform the international security body about Adoke's current status.

Continued on page 38

Nigerian Banks’ N43.7tn Total Assets Low, Says Soludo... Page 6 Tuesday 19 November, 2019 Vol 24. No 8989. Price: N250

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TODAY'S WEATHER

ABUJA 25°C-33°C

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Wada Heads to Tribunal as INEC Declares Bello Kogi Poll Winner Buhari congratulates Lyon, Bello Take your grievances to court, INEC tells complainants Diri asks electoral body to declare him victor in Bayelsa contest Chuks Okocha, Olawale Ajimotokan in Abuja, Emmanuel Addeh in Yenagoa and Ibrahim Oyewale in Lokoja The governorship candidate of the Peoples Democratic Party (PDP) in last Saturday’s election in Kogi State, Mr. Musa Wada, yesterday rejected the declaration of Governor

Yahaya Bello of the All Progressives Congress (APC) as the winner of the contest by the Independent National Electoral Commission (INEC), saying he would seek redress at the election petition tribunal.

The electoral body had earlier in the day, declared Bello as the winner of the tense Continued on page 8

The Rise of Sylva and the Fall of Dickson

Segun James

N E W S A N A LY S I S

Act One, Scene One!

dynamics in Bayelsa State with the defeat of Governor Seriake Dickson’s candidate, Senator Douye Diri, in the just-concluded governorship election in the state.

Former Governor Timipre Sylva’s bet big on President Muhammadu Buhari has paid off big time. His rise and Dickson’s fall is an important lesson for students of power.

More so, it underscores how the unseen hand of fate has intertwined the lives of men

In every religious teaching, there is a firm belief that in the lives of men, an unseen hand called fate directs their affairs.

Success or failure is also largely dependent on the choices we make whether in our daily interactions, in business or in the complex game of politics with all the intrigues and strange alliances that come with it. It is for this reason that it is critical to situate and review the changing political

Continued on page 8

ON PEOPLES’ HEALTH...

L-R: Founder, Bill and Melinda Gates Foundation, Mr. Bill Gates; Lagos State Governor, Mr. Babajide Sanwo-Olu; and President, Dangote Foundation, Alhaji Aliko Dangote, at a round table discussion by the foundations on healthcare interventions in Nigeria in Seattle, the United States…recently

Military Intensifies Capacity Building to Address Manpower Shortage... Page 5

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NEWS

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

Military Intensifies Capacity Building to Address Manpower Shortage

Kingsley Nwezeh in Abuja Following identified shortfall in its manpower requirements, there are moves by the military high command to close the gap, THISDAY checks have revealed.

Investigation had revealed a 20 per cent shortfall in the manpower requirements of the military.

Chairman, Senate Committee on Army, Senator Ali Ndume, had said that the Nigerian Army with 154,000 soldiers and 6,000 officers did not have sufficient personnel to meet its manpower target, especially with the compelling need to win the war against insurgency in addition to other military engagements in internal operations.

However, THISDAY gathered that military authorities have intensified engagement in capacity building programmes, recruitment and training aimed at bringing the three services of the military up-to-date with the requirements of standard and effective military operations and strategies.

A top military source, who spoke anonymously, told THISDAY that in view of the identified shortfall in the manpower requirements of the military establishment, steps have commenced to address the shortage.

The source said: “There is a deliberate strategy to build capacity in the military. There are ongoing programmes and training both foreign and local.

They are designed to improve the efficiency of the military at all times. “We have been recruiting every year since the past four years. These recruitments are equally designed to close the gap. We started promotions from the lower cadre then moved to the senior officers.

The upward movement, therefore, means there are spaces being created and those exiting by way of retirement or disengagement are replaced. “What the military needs in this regard is sufficient funding.

We are all aware of the gap.

You recruit based on availability of resources because training and capacity building in the military is about resources so you operate within the limits of available resources.�

He said capacity building was important in any military setting in order for it to function effectively, recalling that Nigeria had been regarded as a third world country with the challenges of a third world nation.

Ndume, who is from Borno State, had called for improved capacity and manpower enhancement and development of the military if Nigeria was to win the war against insurgency. “Let me say here that you can’t fight a war of this magnitude and this vast land with only 150,000 soldiers.

"Right now, the population of the Nigerian Army is 150,000 with 4,000 recently released, a total of 154,000 soldiers. Also, you can’t fight this war with less than 400,000 policemen’’, he said.

A global military ranking institution, Global Fire Power (GFP), citing United States’ Central Intelligence Agency (CIA) Fact book, ranked Nigeria 43rd in its 2019 global military ranking.

The ranking is based on population of the country, manpower/personnel strength, financial strength and military arsenal.

Nigeria is credited with 181,000 total military personnel, 172,400,000 available manpower while those fit for service stood at 40,710,000 even as citizens

reaching military age stood at 3,456,000.

Out of the total military personnel, 124,000 are active while 57,000 are reserved.

Meanwhile, Human Rights Writers Association of Nigeria (HURIWA) has called for support and solidarity for the military as it battles terrorists in the North-east.

The group said recent exploits and victories against insurgents were worthy of commendation.

HURIWA, in a statement

Fifteen months after the All Progressives Congress (APC) last held its National Executive Committee (NEC), the ruling party’s NEC will meet on Friday to deliberate on internal crisis, suspension of members of the National Working Committee (NWC), as well as filling of vacant NWC positions.

The Director General of Progressives Governors Forum (PGF), Dr. Salihu Lukman, had last week demanded that the National Chairman, Mr. Adams Oshiomhole, should convene the statutory NEC meeting to resolve some of the lingering crises in the party or resign from office.

It was gathered that the NWC meeting held yesterday deliberated on the just-concluded governorship elections held in both Kogi and Bayelsa states, as well as the Kogi West senatorial election rerun.

Though, there was no official statement from the party at the end of the meeting, THISDAY gathered that the party would

to respect the fundamental human rights of citizens as enshrined in the constitution and the Universal Declaration of Human Rights. “We believe that if the Nigerian Army continues to provide succour and relief for the citizens facing the unprecedented security nightmares posed by terrorism and terrorists, then the people will continue to partner with the Nigerian Army to ensure that lasting peace is achieved,� he said.

Bayelsa State governor-elect, Mr. David Lyon (left), and President Muhammadu Buhari, during Lyon’s visit to the Presidential Villa, Abuja‌yesterday

Progressives govs congratulate Bello hold its caucus meeting at the Presidential Villa on Thursday ahead of the NEC meeting on Friday.

According to a source privy to the meeting, the issues that would be discussed on Friday would be how to fill the vacant positions like National Auditor, a position held by Mr. George Moghalu, who was recently appointed as the Managing Director, National Inland Waterways Authority (NIWA); Deputy Vice Chairman, South, a position held by Chief Niyi Adebayo, who was also appointed as the Minister of Industry, Trade and Investment; and the position of National Secretary, which was previously held by Mr. Mai Mala Buni, the Yobe State governor.

Another issue to be discussed is the suspension of the Deputy National Chairman, North, Senator Lawal Shuaibu, who was suspended by NWC for alleged anti-party activities, as well as the suspension of National Vice Chairman, Northwest, Alhaji Inuwa Abdulkadir, for the same offence.

Also, the suspension of

war or hostages by the armed terrorists was the primary reason for the increasing situation of enhanced public confidence and trust reposed in the Nigerian Army by Nigerians residing in the frontline states within the North-east.

"HURIWA commends the army and the Chief of Army Staff, Lt. General Tukur Buratai, for the consistent show of competent and capable leadership of the largest army in the black world and we encourage him to continue

CONGRATULATIONS...

APC Holds NEC Meeting Friday Adedayo Akinwale in Abuja

endorsed by the National Coordinator, Emmanuel Onwubiko and the National Media Affairs Director, Miss Zainab Yusuf, said it was gratifying that the Nigerian Armed Forces had effectively worked out strategic interfaces with good spirited citizens in the North-east leading to several reported victories recorded by troops.

The rights group said the continuous liberation of innocent children and women hitherto kept as prisoners of

former governors, Senator Ibikunle Amosun (Ogun) and Senator Rochas Okorocha (Imo), for alleged anti-party activities is also expected to be discussed.

THISDAY also gathered that the ongoing crisis in Edo State chapter of the party that has pitted Oshiomhole against the governor, Mr. Godwin Obaseki, would equally be discussed.

Meanwhile, the Progressives Governors Forum (PGF) has congratulated Kogi State Governor, Alhaji Yahaya Bello, over his electoral victory at the last Saturday governorship election.

A statement issued yesterday

by Lukman, said Bello's victory at the poll was a testament to his faith and that once more providence has bestowed on him this historic victory as the winner of the November I6 governorship election.

The governors assured their colleague that the PGF secretariat was committed to continue working closely with him and his team as he takes his state to the next level through rapid development and reforms.

NUJ Opposes Death Penalty for Hate Speech FG insists on regulation of social media Olawale Ajimotokan in Abuja The Nigerian Union of Journalists (NUJ) has rejected the Hate Speech Bill before the National Assembly, which prescribes death penalty as punishment for anyone found guilty.

The union warned that the bill, sponsored by Senator Sabi Abdullahi, which has already passed through the first reading, could be used to silence the media and perceived political opponents if ultimately passed.

NUJ President, Mr. Chris Isiguzo, reiterated this stance yesterday during a courtesy visit by the executive members of the union to the Minister of Information and Culture, Alhaji Lai Mohammed.

Isiguzo appealed to the federal government to ensure that the safety of journalists is a priority and that no attempt be made to restrict the freedom of the press.

NUJ expressed worries that recent events were giving it serious cause for concern about the profession and safety of journalists, adding that most

actions taken were targeted to silence journalists. “The safety of journalists is deteriorating. Journalists that are hitherto exposed to more danger in violent armed conflicts than in peace and stable situations, now face greater threats in a democracy like Nigeria. These threats and attacks against the media are aimed at inducing fear and self-censorship and these should not be allowed if our democracy is to flourish,� Isiguzo stated.

While responding, Mohammed said the NUJ as a professional body should allow its code of ethics for journalists to guide its operation, saying that professional journalists could not afford to engage in fake news as it will kill public trust in the media.

The minister said the media should not be a purveyor of hate speech because of its implication for national peace and unity.

He assured the union that the media should nurse no fear, saying the move to regulate the media is not an attempt to gag the media or muzzle

free speech.

He also added that the federal government expected the NUJ or the Nigerian Guild of Editors to reach out or engage it rather than condemning a plan to inject sanity into the social media space and to protect the integrity of the press. “As a matter of fact, the NUJ and other media professional bodies should take the lead in sanitising the social media space, because they will be the first victim when the people lose confidence in the media due to the reckless actions of non-journalists and purveyors of fake news and hate speech,�

Mohammed said.

The minister added that government will press ahead with plans to regulate the social media, saying no responsible government will sit by and allow purveyors of fake news and hate speech a free reign.

He cited the move by France, where the National Assembly last Friday, approved a draft bill that will require social media giants like Facebook, Twitter and others to remove any hateful content within 24 hours.

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Nigerian Banks’ N43.7tn Total Assets Low, Says Soludo Obinna Chima A former Central Bank of Nigeria (CBN) governor, Prof. Chukwuma Soludo, has said that the total size of Nigerian banks’ assets, which was N43.7 trillion as at half-year 2019, was low compared to the banking sector in some other African countries.

Soludo, who is a member of President Muhammadu Buhari’s Economic Advisory Council, said this while speaking at the launch of the 2019 Nigerian Banking Sector Report, titled: 'Beyond the Precipe‌Pulling Back from the Brink,' by Afrinvest West Africa Limited, which held in Lagos.

The CBN Governor, Mr.

Godwin Emefiele, had in his five-year economic blueprint that was unveiled in June this year, disclosed plan to recapitalise the banks within the next five years, to make them contribute significantly to economic growth.

But, while Soludo in his speech, did not state the total value of assets he expected the banks to have, he stressed the need for banks in the country to be able to finance large ticket transactions in the continent. “When we started, it was just about N1 trillion, before the banking consolidation. So, if you look at it from where we were before the consolidation, it was a massive change.

Imo Govt Disowns Ultimatum to Herdsmen

“But the banking total assets and all we say about their size are still too small. Let us look at where we are, in terms of the size, in comparison to African countries, in terms of ranking of banks’ asset size as a percentage of GDP. “I was shocked to find out that our banks are far low, even

by African standard. Countries such as Cape Verde, Mauritius, Kenya, Senegal and Ghana are much higher than us,� Soludo explained.

He added: “So, seeing the banking and financial sector and the kind of economy that we want to be able to have - we have a dream of Nigeria becoming Africa’s financial and banking centre. “Now that we are actually

integrating Africa to have a continental free trade area, what kind of banking and financial system do we really need to be able to move this economy, which is the largest in Africa? “The question is what should be the next level for the banking sector? And what should be the type of disruptive changes that need to occur, to be able to move the sector, to that level that it would be able to power the Nigerian economy and increasingly, the African economy. “So, in this new world that is evolving, what kind of banking sector do we need to see in the five to 10 years?�

Earlier in his presentation, the Managing Director of Afrinvest West Africa Limited, Mr. Ike Chioke, pointed out that in

the area of quality of education, Nigeria ranks lower than its peers in both the years and quality of learning.

Also, in the area of healthcare, he said Nigerians spend more on healthcare out-of-pocket and have the lowest life expectancy, compared with a lot of other African countries, as well as in terms of safety of life and property.

He said: “Nigeria scores low in securing property rights compared to peers.

Unemployment has increased rapidly as job creation has not kept up with the increasing labour force. “Revenue growth has been relatively weak at a compound annual growth rate (CAGR) of 3.9 per cent. Expenditure has risen

at a faster pace of 7.2 per cent CAGR. “Debt has risen faster than revenue and expenditure growth with a 17.8 per cent CAGR. “Our 2019 projected revenues of N4.2 trillion will be 40 per cent short of N7 trillion budget while actual deficit of N3.3 trillion is 74 per cent ahead of N1.9 trillion budgeted deficit. Actual total expenditure will fall by 15 per cent to N7.5 trillion compared to the budget of N8.8 trillion. “Meanwhile, the 2020 budget of N10.3 trillion ($33.7 billion) is projected to be funded by revenues of N7.6 trillion and a deficit of N2.2 trillion. “Based on historical precedents, the 2020 budget is likely to suffer similar implementation challenges.�

Says state hospitable, receptive to visitors Segun James The Imo State Government has disowned an ultimatum issued by a group, under the aegis of Coalition of South-east Youth Leaders, giving herdsmen in the state 24 hours to quit.

According to a statement by the Chief Press Secretary to the Governor, Mr. Chibuike Onyeukwu, the group lacks legitimacy to speak for the state.

Onyeukwu described the report of the ultimatum as an embarrassment to the government and people of the state, urging members of the public to disregard it.

It stated: “The attention of the Government of Imo State has been drawn to a report on some news media, credited to a group, which identified itself as Coalition of South-east Youth Leaders, giving herdsmen in the state 24 hours to quit.� “The group, led by one Goodluck Ibem, relied on an alarm allegedly raised by the management of the Federal University of Technology, Owerri, accusing herdsmen of destroying their farm lands and crops, among other concerns. “The Government of Imo State, under the leadership of

Hon. Emeka Ihedioha, hereby dissociates itself and entire good people of the state from the said ultimatum to herdsmen in the state. “Imo State Government is embarrassed by the development and has taken steps to prevent breakdown of law and order in the state. “While efforts are being made to ensure that concerns raised by the management of the Federal University of Technology, Owerri are addressed, let it be on record that the Governor Emeka Ihedioha - led administration shall not tolerate a situation where individuals take the laws into their hands. “For the avoidance of doubts, citizens of Imo State are very peaceful, hospitable and have always enjoyed cordial relationship with neighbours and strangers in the state. “Imolites are at peace with residents and have no axe to grind with anyone living or doing business in the state, as long as such transactions do not in any way violate the laws of the land or constitute public nuisance.� “The general public is therefore advised to disregard the report and go about their normal businesses without fear or favour.�

DISCUSSING FIGURES...

Speaker of Abia State House of Assembly, Hon. Chinedum Orji (left), and Governor Okezie Ikpeazu, during the presentation of the 2020 Appropriation Bill to the assembly in Umuahia‌ yesterday

NNPC: Crude Oil will Remain Primary Source of Energy Peter Uzoho Despite the predicted global crude oil decline, the Nigerian National Petroleum Corporation (NNPC) has insisted that oil and gas will remain relevant as the primary source of energy for the seven billion people on the earth.

The Chief Operating Officer (COO), Upstream of NNPC, Mr. Roland Ewubare, said there was no magic yet for the replacement of oil and gas as a primary source of energy. “Yes, there will be some regions that will migrate towards renewables. But don’t forget that growth in terms of absolute numbers and economic expansion comes primarily from Asia and Africa. “In the long term, those areas are not where the use of electric vehicles has gotten close to significant levels. “So, I have no worry about the future of oil. It is bright and robust,’’ he said in a paper at

the just-concluded Abu Dhabi International Petroleum Exhibition Conference (ADIPEC) in the United Arab Emirates (UAE).

The News Agency of Nigeria (NAN) quoted him as saying that NNPC’s primary aspiration is to move Nigeria swiftly to full energy security and use energy as a tool to reduce disparity in prosperity.

Ewubare said: “The conversation here was about the transition to a greener future as it were. Nigeria is a country of over 200 million people and whatever we do has an impact in Africa and the rest of the world. “We also realise that we have an economy to grow. This means that while we are mindful of the larger issues of the environment, we have to address issues that concern our immediate development. “NNPC has the renewable energy division. We have all kinds of initiatives in place around solar, ethanol and biomass. Most of the

initiatives are in the incubation type stage. “You cannot be an oil company today and not see yourself as an energy company. Renewables are part of the need.�

Speaking on local content, the NNPC chief promised that it will continue to pursue its local content agenda for the overall development of the nation’s economic growth and the oil and gas sector.

He said NNPC would grow indigenous participation in the sector’s value chain, enhance job creation, revenue generation and development of in-country capacities. “Local content is not a lip service. If you think about the volume of contracting Engineering, Procurement, and Construction (EPC) in Exploration Production, a significant value is lost to the country. “Therefore, the more Nigerians we can bring on board, the more in-country competence will be

harnessed. This will increase talent development, employment, and revenue generation.�

On growing the nation’s oil reserve, Ewubare said NNPC was targeting a 67 per cent in-country support projection on other inland basins after the Egina project.

According to him, further exploration is broad-based and not limited to the Chad Basin or the Benue trough. “As announced, we will migrate towards the Anambra Basin and other inland frontier basins. “This reduces the risk of concentration on the Niger Delta and contributes to energy security because every geographical region has its own repository of hydro carbons under explorations and production. “This sense of ownership helps to build trust and security,� he said.

Meanwhile, the Organisation of Petroleum Exporting Countries (OPEC)’s share of India’s oil

imports fell to 73 per cent in October, its lowest monthly share since at least 2011, tanker data from sources showed, as refiners shipped in fuel from the United States and other suppliers.

India, which usually imports about 80 per cent of its needs from members of OPEC has been diversifying its sources of oil as local refiners have upgraded plants to process cheaper crude grades.

India, the world’s third biggest oil importer, shipped in 4.56 million barrels per day (bpd) of oil in October, about 3.3 per cent less compared with a year ago, data showed. Of that, it bought 3.43 million bpd oil from OPEC. OPEC’s share of India’s imports in September was about 81 per cent although total volumes were lower, as the South Asian nation cut imports to a three-year low due to maintenance at some refineries.

In October, Iraq replaced Saudi

Arabia as India’s top oil supplier, tanker arrival data showed, with refiners cutting purchases of the more expensive Saudi oil.

To make up for lower Saudi purchases, India also boosted purchases from Nigeria, the third biggest supplier in October, as well as from Kuwait and Mexico.

Saudi Arabia’s crude oil exports in September fell by three per cent to 6.67 million barrels per day (bpd) from 6.88 million bpd in August, official data showed.

Drone and missile attacks on September 14 on two plants at the heart of Saudi Arabia’s oil industry - Abqaiq and Khurais - temporarily knocked out more than half the Kingdom’s output.

The United States said Iran sponsored the attacks, a claim which Tehran denied.

September crude output fell by 660,000 bpd to 9.129 million bpd, figures from the Joint Organisation's Data Initiative (JODI) showed.

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PAGE EIGHT WADA HEADS TO TRIBUNAL AS INEC DECLARES BELLO KOGI POLL WINNER election, stating he polled 406,222 votes to Wada's 189,704 votes.

In Bayelsa State, the PDP’s candidate in the gubernatorial tussle, Senator Douye Diri, who lost to APC’s David Lyon, also rejected the unfavourable outcome of the poll and asked INEC to declare him winner; otherwise he would challenge the outcome.

Notwithstanding the rejection of the outcomes of the elections, which were marred by widespread irregularities and violence, President Muhammadu Buhari has congratulated his party's candidates on their victories and urged them to partner him to work for the betterment of their states and Nigeria.

Announcing the results of the Kogi governorship election in Lokoja, the Returning Officer, Professor Ibrahim Garba, said Bello, who is the incumbent governor, having satisfied the requirements of the law, was returned as the winner.

The candidate of Social Democratic Party (SDP), Ms. Natasha Akpoti, came a distant third, with a total of 9, 482 votes.

Garba explained that the total number of registered voters in Kogi stood at 1,646,322; total valid votes 610,744; rejected votes 13,770; total votes 624,514 and invalid votes 149, 576.

He said Bello won the following local government areas: Ogori/ Magongo, Ijumu, Adavi, Okene, Kabba/Bunu, Kogi (Koton Karfe ),Okehi, Mopamuro, Ajaokuta , Olamaboro, Ibaji and Lokoja and scored the mandatory 25 per cent of total votes in other seven local government areas.

On his part, Wada won in Omola, Igalamela/Odolu, Yagba East, Idah , Yagba West, Bassa, Ankpa, Ofu and Dekina, where he hails from.

However, there was a mild drama after the announcement of the results as the PDP agent at the collation centre, Mr. Joe Agada, who had earlier raised many objections while the collation was going on that

were ignored, declined signing the final results sheet.

He said he could not sign as the results declared were not the true reflection of what happened on the field on Saturday.

Agada told the gathering that based on the alleged distortions, the PDP would seek redress in the tribunal.

While reacting to his victory, Bello expressed gratitude to the people for re-electing him and described his re-election as a victory for true democracy.

Bello, in a statement by his Director General, Media and Publicity, Mr. Kingsley Fanwo, said he would be spurred to do more.

He said: "This victory is for Kogi people that value true democracy. And we can assure them that Governor Bello will not abandon his campaign slogan, which expresses his desire to do more for Kogi people.

"We thank the people of Kogi State who voted for us. We also thank Kogi people who did not vote for us; they have challenged the governor to do more for them to earn their confidence.

"We urged the Peoples Democratic Party (PDP), to act to exemplify the spirit of sportsmanship by accepting the verdict of Kogi people. We also thank the party hierarchy for throwing their weight behind the governor."

Wada Heads to Tribunal to Challenge Result of Kogi Poll However, Wada has rejected the conduct and outcome of the gubernatorial election, saying he would be approaching the election tribunal to challenge the results.

He told journalists in Abuja that given the widespread irregularities and violence that led to the disenfranchisement of many voters, there was no way he or his party would allow the results go unchallenged.

He said: "It is clear to all there was no election on Saturday,

November 16th, 2019 but a declaration and execution of war against the people.

"What happened in Kogi was an organised war against democracy; coup against the people and seizure of power through brigandage and the barrel of the gun with members of the police and other security agencies coordinating the stealing of the people’s votes.

"The police aided armed APC thugs to invade polling units with impunity, shoot and kill voters and carted away ballot boxes to government facilities where results were written in favour of APC and handed over to INEC to announce against the will of the people."

He also accused the police of providing helicopters used to attack polling units, fire tear gas on voters and provide cover for APC hoodlums and policemen to brutalise the people and steal their mandate.

Diri Urges INEC to Declare Him Winner Also rejecting the election results in Bayelsa State, Diri yesterday pointedly asked INEC to formally declare him the winner of the election.

He said he could not fathom how the INEC got the figures it announced after the poll, adding that he polled 98,582 votes to APC's 55,903, according to the 'situation room' he set up to collate results from all the wards and local government areas.

He wondered why a local government like Nembe could have more voters than Yenagoa, the state capital, arguing that in the only area where the poll took place in Nembe, the entire score was 932 votes for both parties.

He added that the over 80,000 votes the APC got in the area were arbitrarily allotted to the party.

Diri, flanked by the PDP Deputy Chairman, South-south, Mr. Emmanuel Ogidi; his running mate, Senator Lawrence Ewhrujakpo; members of the

Inter Party Advisory Council (IPAC) who also contested the election, said as the rightful winner of the election, he should be immediately declared winner.

He said: “We had a situation room monitoring the exercise across all the local governments and wards. As we speak today, we have the results of that monitoring. In Brass APC had 2,525 and PDP got 4,096.

In Ekeremor, APC got 8,780 and the PDP scored 21,381, while in Kolokuma/Opokuma, the APC had 6,659 to PDP’s 12,110."

According to him, in Nembe, APC had 908 to PDP’s 24 votes while in Ogbia, APC polled 7,976 compared to the PDP's 9,903.

Diri stated that in Sagbama, the APC had 7,831, to the PDP's 60,339 , while in Southern Ijaw, APC got 9,542 and the PDP 12,225. According to him, in Yenagoa, APC scored 15,560 to PDP's 21,165.

Diri said the total APC had was 55,903 while PDP had 98,582. “This is the result. Based on this result, PDP and its candidate are the winners,� he said.

He also accused INEC of being unable to show the court ruling setting aside the judgment of the Federal High Court, which the APC claimed to have secured to allow it run for the election.

He said: “The subsisting court judgments were two and at the time of conducting the election, APC was not by the law on the ballot. We contested the election not with the APC but with other political parties. With the results that INEC has released, which should not comprise the APC candidate in that election, the PDP led in those results. “We urgently call on the INEC to declare me and the PDP as the winners of that election. I am the winner of that election and I am the governor-elect.�

In his comments, Ogidi said that the condemnation that has trailed the violence and other breaches were a shame on INEC. “We told our people don’t carry arms, but the APC wants

to rule, yet they are killing the same people. The observers have condemned the violence even former President Jonathan (Goodluck). INEC can still redeem their image. There are other elections that will come on.

We still prefer our democracy,� he said.

hide-and-seek with Jonathan.

Indeed, this laid the foundation for Jonathan’s subsequent defeat in 2015. Amaechi feared retribution that befell Sylva should Jonathan win a second term. So Amaechi and Sylva joined forces with Bukola Saraki and others to solidify Buhari’s candidacy.

the former president and other important stakeholders was a sure way of emerging as a godfather, he was terribly mistaken as his recalcitrance swelled support for the APC candidate. People in Jonathan’s locality and environs voted massively for the APC candidate.

Things didn’t quite look good for him from inception especially, that his choice of Diri and his deputy, also a senator, was believed to have been conceived to pave the way for Dickson to go to the senate since a bye-election would have been due had his candidates won the election.

But with Jonathan and his wife, Patience, were alleged to have clandestinely thrown their support behind the APC candidate. Lyon. True or false, the outcome of the election was not much of a surprise to close watchers of political developments in the state, a development that has now re-launched Sylva’s political relevance even beyond the borders of Bayelsa State.

The outcome of Saturday’s election was significantly and by all standards, the resurrection of Sylva’s political leadership in the state, even though he might have Jonathan, a former president to contend with at the end of the day as well as Dickson, who might not have given up.

How he plays his game from this juncture going forward would determine how long more orchestra would last and how far he could go leveraging his new status in Bayelsa politics.

It is important, however, that Sylva doesn’t allow himself to be carried away by this victory.

As much as the loss is PDP’s the victory isn’t so much for the APC’s. It is surely a hard

Buhari Congratulates Lyon, Bello However, in his reaction to the outcomes of the elections, Buhari saluted Lyon and Bello on their impressive victories.

In two separate statements issued yesterday by the Special Adviser to the President on Media, Mr. Femi Adesina, the president described the elections and emergence of the APC candidates as “a race well run and a victory well won.�

He also urged Bello to see his renewed mandate as another opportunity to build on the foundations already laid towards improving the lives of the people of Kogi State.

He commended APC supporters in particular and Nigerians in general, for exercising their civic rights in a peaceful manner, regardless of electoral violence that was recorded in some locations.

The president also condemned the loss of lives in the two states, particularly prior to the election, while also commiserating with the families and loved ones of those who lost their lives to violence.

According to the president, “All political actors and stakeholders must take deliberate steps to eschew electoral violence as a peaceful and orderly process is vital to our quest for enduring democracy. ‘‘Violence during elections vitiates our commitment to demonstrate to the world and upcoming generation that we are a people capable of electing leaders in a peaceful and orderly manner."

He also lamented that in spite of the efforts of officials of INEC

and other security agencies to ensure within the ambit of the law a free, fair and credible elections, pockets of unrest, mostly sponsored by desperate politicians, were recorded during the poll.

Buhari said he was looking forward to working with the incoming governors to improve the lives of the people of their states, while ensuring the security of lives and property of all citizens.

He also urged the governorselect to run a government that will cater for other divergent interests in the next phase of governance, while he implored those who were dissatisfied with the outcome of the poll to seek redress through the constitutionally established means.

Take Your Grievances to Court, INEC Tells Complainants Meanwhile, amidst complaints of thuggery and violence, INEC yesterday said that all complaints against the conduct of the elections should be channeled to election petition tribunals, stating that the commission had no powers to cancel any election once results had been announced.

INEC national commissioner and chairman of voters information, publicity and public information, Mr. Festus Okoye, said in Abuja that there was nothing the commission would do at the moment as all complaints should be sent to the tribunals.

According to Okoye, "The moment the polling unit has made a declaration, the moment the result has been announced at the polling unit, the commission does not have the power to say cancel this election. So I believe that the state where we are now, the returning officer has made a declaration in relation to Bayelsa, is completely out of the hand of the commission. And it's now within the domain of election tribunal."

THE RISE OF SYLVA AND THE FALL OF DICKSON in the unfolding drama in Bayelsa State - some have lost, others are winning.

Some 20 years ago, a certain Dieprieye Alamieyeseigha was sworn in as the Governor of Bayelsa State, precisely on May 29, 1999. A member of the then ruling Peoples Democratic Party (PDP), he was so popular and huge on the turf that he was fondly referred to as the Governor-general of the Ijaw nation. Elected along with him on the same ticket was a little known Goodluck Jonathan, who thrived in the shadow of the looming Alamieyeseigha.

The 2003 reelection went smoothly for Alamieyeseigha and his deputy before he ran into trouble with the establishment and his political influence started to wane. By September 2005, Alamieyeseigha was detained in London on his way from a medical trip, where he was said to have had a tummy tuck procedure, on charges of money laundering.

At the time of his arrest, Metropolitan Police found about ÂŁ1m in cash at his London home.

Later they reportedly found a total of ÂŁ1.8m ($3.2m) in cash and bank accounts.

He was found to own four homes in London worth an alleged ÂŁ10 million. His state's monthly federal allocation for the last six years that he was in power was said to be in the order of ÂŁ32 million. Realising what had lain in wait for him, he jumped bail in December 2005, from United Kingdom, allegedly disguising as a woman, although he later denied any such thing.

In the end, Alamieyeseigha was impeached on allegations of corruption on December 9 2005, shortly after returning from

London. This naturally opened the door for his deputy, Jonathan, who was sworn in as governor and completed their term.

Act One Scene Two Jonathan had also sought to run again as governor in 2007 when he locked horns with a relatively unpopular Timipre Sylva, who had just joined the party in 2006 and refused to stand down for him in the party primaries.

But Jonathan won the primary election in a landslide and was gearing up for the 2007 election as governor when he was picked as presidential running mate to the late Umaru Musa Yar’Adua.

That, of course, paved the way for the recalcitrant Sylva, who had come second in the primaries to also become the governor of Bayelsa State.

Indeed, Sylva's political career began in 1992, when he won a seat into the House of Assembly, representing Brass constituency in the old Rivers State. He was at the time the youngest lawmaker in the Assembly. His political career took a positive progression when he was appointed Special Adviser to a former Minister of State for Petroleum, Dr. Edmund Dakouru in 2004.

Thus, he was not all that a new comer, when in 2006, he joined the PDP gubernatorial primaries challenging Jonathan. However, after emerging the PDP candidate, he went on to win the election and succeeded Jonathan, who had also become the Vice President.

Unfortunately for Sylva, his opponent in the 2007 election, Ebitimi Amgbare of the defunct Action Congress (AC), challenged his victory. But whilst the Bayelsa State Election Petitions Tribunal upheld Sylva's election, Amgbare took the matter to the Appeal

Court in Port Harcourt, Rivers State, which overturned the Tribunal's decision and nullified Sylva's election on April 15, 2008.

The five justices of the Court of Appeal were unanimous in their decision and ordered that Speaker Werinipre Seibarugo be sworn in to replace Sylva as acting governor, with a new election to be held within 90 days as stated in the Electoral Act. When a new election was held on May 24, 2008, Sylva was again overwhelmingly elected with 588,204 out of about 598,000 votes and was sworn in. But on January 27, 2012, his tenure was terminated by the Supreme Court, with an acting governor appointed to oversee the state until the election of February 2012, won by Seriake Dickson, another fellow in which Jonathan, who had become president following the passing of Yar’Adua, was pleased.

But Jonathan’s disdain for Sylva manifested crystal clearly, when Sylva moved against him emerging acting president in the wake of Yar’Adua’s sickness.

Sylva had openly dismissed the imperative of a written instrument from the president to pave the way for Jonathan. Sylva in other words aligned himself with the then reigning cabal against his own kinsman emerging president.

Jonathan never forgave him for such a betrayal.

After Jonathan had emerged substantive president and Sylva with a former governor of Rivers State, Rotimi Amaechi, allegedly went to seek his forgiveness, the former president declined and gave him no chance of returning to the Government House in the state. However, Sylva took care of Patience Jonathan in the form of political patronage while playing

Act One Scene Three Buhari had won and Jonathan had lost. Sylva’s risky bet had paid off. Big risk, big reward.

Buhari wasted no time restoring his 48 houses seized by the EFCC very early on in his first term.

And he bidded his time to make a comeback. But that Buhari had nominated him as co-chairman of the Transition Council.

Even after the restoration of his houses, he had remained quietly in the background until his recent appointment by President Muhammadu Buhari on Wednesday, August 21, 2019, as the Minister of State, Petroleum.

It was time to make his move. He now has the national platform to project power. And with eyes on the big price, renewed his rivalry with Dickson but this time by proxy. His choice of David Lyon was deliberate, first to decimate his rivals within the APC and also take on the menacing opposition.

Interestingly, on the far end of the PDP was a larger-than-life Dickson, who was practically dishing out orders to party leaders on what he wanted and what he did not want. His insistence on Senator Douye Diri as the PDP candidate had pitted other members of the party, including Jonathan, against him who felt Timi Alaibe was better suited to replace him.

But he scoffed at the idea. If he thought that by alienating

message to Dickson. A bitter one at that.

But it is not yet uhuru even as the champagne corks are popping and songs of victory rend the air. There are two pending court cases that may yet scuttle the making of a new godfather. A federal High Court in Yenagoa, Bayelsa had in a judgment barred the APC from participation in the election because of issues of falsification of documents by the deputy governorship candidate and another judgment secured by Senator Heineken Lokpobiri, one of the contestants nullifying the primaries that produced Lyon.

These two judgments are yet making their way up in the court system.

TOP GAINERS NEIMETH JAIZBANK IKEJHOTEL CUSTODIAN COURTVILLE TOP LOSERS WEMABANK FCMB CAVERTON

NGN NGN 0.04 0.44 0.07 0.78 0.09 1.04 0.50 6.00 0.02 0.25 NGN 0.06 0.70 0.15 1.85 0.20 2.50 ACCESSBANK 0.70 9.80 ETI 0.50 7.00 HPE Nestle Nig Plc â‚Ś1,150.00 Volume: 307.961 million shares Value: N2.538 billion Deals: 4,609 As at yesterday 18/11/19 See details on Page 33

% 10 9.8 9.4 9.0 8.7 % 7.8 7.5 7.4 6.6 6.6

TUESDAY NOVEMBER 19, 2019 ˾ T H I S D AY

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Bandits Kill 14 Persons, Injure 10 in Zamfara Community Zamfara State Police Command yesterday confirmed the killing of 14 persons and injuring of 10 others by bandits in Karaye village of Gummi Local Government Area.

The News Agency of Nigeria (NAN) reported that the attack is the first major breach of the peace agreement between the state government and the bandits initiated by Governor Bello Matawalle.

A statement issued to journalists in Gusau by the command’s Public Relations Officer, Muhammad Shehu, said the attack occurred on Sunday.

According to him, a total of 14 persons were killed, 10 others sustained gunshot injuries while some houses were set ablaze.

Shehu recalled that on November 3, some members of local vigilantes, known as

“Yan sakai in Bardoki village, attacked and killed nine Fulanis under the suspicion that they were bandits.

He said on receiving the report, the command arrested 11 members of the vigilantes suspected of actively participating in the killing of the fulanis.

The command’s spokesman said Sunday’s attack might have been a reprisal of the November 3 incident.

“The incident is being investigated by the State CID Gusau and all the suspects will be charged to court for prosecution in order to serve as deterrent to others.

“However, combined teams attached to Operation puff Adder, men of Operation Hadarin-Daji and vigilantes led by the DPO Gummi mobilised to the scene and embarked on

LASG Evacuates Lion from Private Residence in Lagos Sunday Ehigiator The operatives of the Lagos State Task Force (LASG) has succeeded in moving a lion found at a private home around Victoria Island to a zoo at Omu Resorts, Lekki, Lagos.

Confirming the incident, which happened yesterday, the Chairman of the Agency, CSP Olayinka Egbeyemi, disclosed that the exercise was carried out in conjunction with officials of the Lagos State Ministry of Agriculture and medical personnel from the Faculty of Veterinary Medicine, University of Ibadan.

Egbeyemi, in the statement made available to THISDAY, said Dr. Ogunmo Bamidele, who led the medical team from the University of Ibadan, tranquilised the lion thrice before it could be evacuated.

According to him, “immediately I got the petition, I deployed my officers to the house at Muri-Okunola Street,

in Victoria Island, Lagos, where they kept a close watch for more than 72 hours before the lion was finally removed today.”

The chairman assured residents that “the owner of the lion will face the full wrath of the law,” and warned residents to abstain from harbouring wild animals that could endanger the lives of others.

“In as much as we appreciate residents around Victoria Island for their quick action, we urge every member of the public to be observant in their immediate environment and report any strange or unusual activity to appropriate government authority for prompt action,” he stated.

The Director, Veterinary Services, Lagos State Ministry of Agriculture, Dr. Macaulay Rasheed, also advised members of the public to stop rearing wild animals at private homes in order to avoid unnecessary attack and contagious animal diseases.

Eight Die, Seven Sustain Injuries in Kogi Auto Crash Ibrahim Oyewale in Lokoja No fewer than eight persons have lost their lives, while seven sustained various degrees of injuries as a trailer loaded with petrol lost control when it had a brake failure at Felele area along Lokoja-Abuja Highway at about 8.30 a. m. and rammed into four tricycles, two motorcycles, three cars and a bus.

An eye witness account, who identified himself as Moses Johnson, told journalists yesterday that the auto crash occurred around 8.45 a. m., adding that the trailer was coming from Lagos with petrol when it lost control as a result of brake failure leading to the killing of innocent citizens who left their houses in search of their daily bread.

THISDAY saw the trailer

burning in flame, while the Federal Fire Service drafted to Lokoja for the governorship election were making concerted effort to quench the fire that has taken over one lane of the highway.

Officials of the Federal Road Safety Corps (FRSC) were also on ground to evacuate corpses and other victims of the accident that sustained injuries.

One of the FRSC officials, who declined to mention his name while speaking to newsmen, attributed the accident to a brake failure and identified the trailer as a white colour petrol-laden tanker with registration number: JEG141XA, saying 17 people were involved in the accident.

He noted that the victims have been taken to the Federal Medical Centre and Specialist Hospital both in Lokoja.

extensive bush combing with a view to trailing and arresting the perpetrators.

“Corpses and injured victims were conveyed to the General

Hospital Gummi for autopsy and treatment, ” he explained.

He added that discreet investigation into the incident was ongoing and whoever was

involved will be prosecuted.

“The command calls on members of the public to desist from taking laws into their hands as it will not hesitate to deal

decisively with any person or group of person that tries to sabotage the relative peace currently being enjoyed in the state,” he said.

ALL EYES ON HIGHER RETURNS…

L-R: Managing Director, Caverton Helicopter Limited, Capt. Josiah Choms; Head, Primary Markets/Listings Business Division, Nigerian Stock Exchange(NSE), Mr. Tony Ibeziako; Chief Executive Officer, Caverton Offshore Support Group Plc, Mr. Bode Makanjuola; Chief Operating Officer, Caverton Offshore Support Group Plc, Mr. Rotimi Makanjuola; Head, Listings Regulation Department, NSE, Mr. Godstime Iwenekhai; and Company Secretary, Caverton Offshore Support Group Plc, Ms Amaka Obiora, during the company’s Fact Behind the Figures/Closing Gong ceremony at the NSE in Lagos... yesterday ETOP UKUTT

Kebbi, Jigawa Govs, Oshiomhole, Present Lyon to Buhari Defected senators have been punished by Nigerians, says Oshiomhole Presidency advises PDP to be gracious in defeat

Olawale Ajimotokan in Abuja

Bayelsa State Governor-elect, David Lyon was yesterday presented to President Muhammadu Buhari at the Presidential Villa by the Chairman of All Progressives Congress (APC) Adams Oshiomhole; Kebbi State Governor, Atiku Abubakar; Jigawa State Governor, Badaru Abubakar; and the Minister of State for Petroleum Resources, Timipriye Sylva.

This is coming as Oshiomhole, yesterday commended Nigerians for punishing all 16 senators that defected from the APC in July last year.

The meeting with Buhari was held behind closed-door.

Lyon described his victory as one of his greatest moments in his life.

He told State House correspondents that the people

of Bayelsa State had decided by voting for the APC. He also said security and development will be the core priority of his administration.

“It is indeed a welcome development because at our campaigns, we promised that when elected and sworn in, security and development will be our key agenda and with the support of Bayelsans they have made this possible.

I am sincerely grateful and to the president, for his fatherly advice. We promise that we Bayelsans will not disappoint APC. We will consult with our leaders, traditional rulers and I believe there will be a serious positive change in Bayelsa State.

I thank the President for having me here today as governor-elect of Bayelsa State,” Lyon said.

Oshiomhole, who led the team, likened the Bayelsa governor- elect to a “brand

new baby” that will be sworn in February 14, 2020, which incidentally is on Valentine Day. He also thanked the former President Goodluck Jonathan for the warm reception he accorded Lyon.

He said: “But of course, we also know that there was an election in Kogi but that is a matter for another day when we present the governor are-elected.

“But we do realise that all the 16 senators who decamped along with Senator Bukola Saraki from APC to PDP, hard as they have tried to come back the Nigerian people in their respective constituencies, have insisted on punishing them for being disloyal and refusing to monetizing their mandates.

“I think the only that is still struggling now is Dino Melaye but as you can see from the result so car, Senator Smart Adeyemi is leading by over

20,000 votes even though INEC insists we must have a re-run for the remaining areas we are confident that there is no way he can make up for 20,000 vote deficit.

“I think the lesson for us to be learnt as a party is rather clear, that when politicians go to the polls to collect mandate on a particular political platform and then they dumped the party for another party, the electorate will always be waiting for them”.

Meanwhile, the presidency has advised the PDP to be gracious by accepting in good faith the outcome of Saturday’s election where APC candidates emerged winners in Bayelsa and Kogi States governorship election.

Presidential spokesman, Garba Shehu, in a statement, yesterday derided the PDP for always challenging any poll that does not return its candidates.

Appeal Court Upholds Re-election of Ishaku as Taraba Gov Alex Enumah in Abuja The Court of Appeal sitting in Abuja yesterday upheld the return of Darius Ishaku as Governor of Taraba State.

The court which upheld his reelection in a judgment delivered, also dismissed the appeal by the All Progressives Congress (APC) for being incompetent and lacking in merit.

The APC had approached the appellate court to set aside the judgment of theTaraba State Governorship Election Petition Tribunal, which upheld the declaration of Ishaku as winner of the March 9, governorship election.

The Independent National

Electoral Commission (INEC) had declared, Ishaku, candidate ofhe Peoples Democratic Party (PDP) winner of the March 9, 2019 governorship election in the state having won majority of the lawful votes cast at the election. The three-man panel of the tribunal led by Justice MO Adewara, had in a unanimous judgment delivered on September 20, 2019, dismissed the petition by the APC on grounds that it had no lawful candidate in the governorship election that handed out a second term ticket to Ishaku. The Federal High Court sitting in Jalingo, Taraba State, had before the governorship election, nullified the candidacy of Abubakar Danladi and equally

restrained his party, the APC from fielding him as a governorship candidate.

Attempts by Danladi to overturn the order of the Federal High Court that disqualified him were unsuccessful at Court of Appeal and Supreme Court respectively. The tribunal further held that Danladi was not qualified to contest the March 9 governorship election, having been disqualified by the apex court in the country.

However, dissatisfied with the judgment of the tribunal, the APC, without its candidate, Danladi, approached the Court of Appeal marked CA/A/ EPT/934/2019, on October 3, 2019, in petition No: EPT/

TR/GOV/01/2019, for an order setting aside the decision of the tribunal. The APC had among other things claimed that Ishaku did not win majority of votes cast at the election on account of alleged irregularities that marred the governorship poll.

The party therefore prayed the appellate court to set aside the judgment of the tribunal and ordered the INEC to conduct a fresh election.

Delivering judgment in the appeal, the five-man panel of the court in a unanimous decision upheld the judgment of the Taraba State Governorship Election Petition Tribunal, which also dismissed the APC’s petition for being unmeritorious.

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NEWS

Perm Sec, Wife, Two Children Killed in Benue Fire George Okoh in Makurdi A family of four has been burnt to death in Makurdi,

the Benue State capital.

A substantive Director and Acting Permanent Secretary, Benue State Ministry of

AMCON Takes Possession of Ex-minister’s Assets over N1bn Debt The Asset Management Corporation of Nigeria (AMCON) has taken over some assets belonging to a former Minister of State for Defence, Demola Seriki for debts amounting to N1 billion.

The affected assets it was gathered, include those located at No. 1a & 1b, Jalupon Close, Surulere, Lagos and another at No. 4, Djibouti Crescent, a high-brow area of Wuse 2, Abuja.

Justice Chuka Austine Obiozor of the Federal High Court in Lagos, delivered the judgment that empowered AMCON to seize the property in Lagos and Abuja.

AMCON said the nonperforming loans of Seriki was sold to AMCON by the now-defunct Oceanic Bank and Skye Bank.

AMCON’s Head of Corporate Communications, Jude Nwauzor, said the agency carried out the court order yesterday.

“The case between AMCON and Seriki, who was a former minister of state for defence as well as a former supervising minister for mines and steel development have been lingering for a while now.

“Ideally, AMCON does not

in the first instance resort to the courts except when the obligor defiles all overtures from the corporation for a peaceful resolution of an obligation. But the case between AMCON vs Ademola Seriki eventually ended up in court because all efforts made by AMCON to have the issue resolved peacefully did not yield the desired result.

“Therefore, the corporation pursued justice in court and in compliance to the order of the court of competent jurisdiction, AMCON on Monday through Oak Partners, who works for the corporation as one of the asset management partners (AMPs) having also received protective orders from the court, took possession of the said properties belonging to the former minister.

“When all efforts to amicably resolve the loan was frustrated by the former minister and a prominent member of the ruling All Progressives Congress (APC), the corporation was left with no other choice than to defer the matter to court. Having looked at the case over time, the court ordered AMCON to take over the assets of the APC chieftain.”

APC Vows to Reclaim Stolen Mandate in Kogi West Adedayo Akinwale in Abuja Despite the declaration of Kogi West Senatorial district election inconclusive by the Independent National Electoral Commission (INEC), the All Progressives Congress (APC) has vowed to retrieve its mandate when the supplementary election is held.

APC, in a statement by its National Publicity Secretary, Mallam Lanre Issa-Onilu, expressed gratitude to the people of Kogi and Bayelsa states for supporting the party to record resounding victories in the governorship elections held in the two states.

In Kogi State, the ruling party said it was delighted that the people of the state ignored the propaganda and campaigns of calumny by the opposition party but re-elected its candidate, Governor Yahaya Bello.

“Although INEC has declared the senatorial election in Kogi West district inconclusive, we are confident that when the supplementary election is held, our candidate, Senator Smart Adeyemi will reclaim his earlier stolen mandate,” APC alleged.

The statement added that the party’s victory in Bayelsa State was even more of a landmark, noting that against all odds and in defiance of the established but retrogressive political order since 1999, Bayelsans decided through their votes to overwhelmingly elect the party’s governorship candidate,

David Lyon.

The party alleged that Bayelsans decided to ditch the disastrous regime of the Peoples Democratic Party (PDP) and pitch their tent with a progressive platform, noting that this is a sacred trust its candidate and party would not take for granted.

The party expressed profound appreciations to President Muhammadu Buhari for his moral support for its candidates; the Vice President, Prof. Yemi Osinbajo, governors and other party leaders for their support and distinguished presence at rallies in Kogi and Bayelsa states.

APC also expressed appreciation to the First Lady, Hajia Aisha Muhammadu Buhari; Wife of the Vice President, Mrs. Dolapo Osinbajo, for rallying massive support during the final rally in Lokoja, Kogi State.

The statement noted that there remains much to be done in ensuring the sanctity of the country’s electioneering process, particularly partisan approach to elections.

It added that the PDP must begin to address itself to the new reality that votes are beginning to count, alleging that the PDP’s retrogressive tactics of massive thumbprinting, ballot box snatching, vote-buying, thuggery, violence and other illegal schemes would no longer win elections for them.

Science and Technology, Mr. Sekegh Akaa, his wife and two children were killed by the inferno on Sunday night.

Channels TV reported that the fire, which spread to three other apartments,

caused massive destruction running into millions of naira.

Meanwhile, the state Deputy Governor, Mr. Benson Abounu, has expressed sadness over the incident, describing it as a black day

for Benue State.

Abounu visited the scene of the tragic incident, accompanied by the Chief of Staff to the Governor, Terwase Orbunde; the state Head of Service, Veronica Onyeke

and Special Adviser to the Governor on Security, Colonel Paul Hemba (rtd).

He lamented the death of Akaa and his family and prayed for the repose of their souls.

TEN HEARTY CHEERS…

L-R: Chairman, Ajesola Solarin Majekodunmi Foundation [ASMAF] Board of trustees, Prof. Soga Sofola; Chairman, Ecobank, John Aboh; Emir of Kano, His Royal Majesty, Sanusi Lamido Sanusi; founder of the Foundation, Prof. Ajesola Majekodunmi; and former Nigeria’s High Commissioner to United Kingdom , Dr. Christopher Kolade during the Foundation’s 10th year anniversary celebrations in Lagos…recently

Caverton Grows Profit by 50%, Promises Robust Returns for Shareholders Caverton Offshore Support Group Plc, a leading aviation and marine services company, presented its facts behind the figures yesterday at the Nigerian Stock Exchange. The exercise was done to intimate the market of the company’s ongoing activities and future business plans.

The Chief Financial Officer, Caverton Offshore, Mrs. Titi Adigun, while speaking during the company’s facts behind the figures at the event on yesterday, said the company recorded a total increase of N2.6bn in its revenue for the nine month period that ended on September 30, 2019.

Mrs. Adigun said the company’s revenue for the

period stood at N25.8 billion against the N23.3 billion, which was recorded in the same period of 2018.

According to her, revenue growth was boosted by the increase of Helicopter/Airplane contracts and agency service income.

The company also grew its profit before tax for the period to N3.9 billion from N2.6 billion in 2018 despite a seven per cent increase in direct operating costs.

She noted that the administration expenses also increased by N850m on the back of increased employee benefits of N735.5m and increase in salaries of ground staff.

The Chief Executive Officer,

Caverton Offshore, Mr. Bode Makanjuola, said: “We are determined to end 2019 on a strong note by continuing to provide the quality of service our clients have become accustomed to.

“Our clients are our topmost priority and our performance reflects this commitment, which hopefully translates into positive financial returns for our shareholders.”

Makanjuola stated that the company was committed to improving cost efficiencies with scope for enhanced performance.

He added that the company was able to improve on its cost to income ratio and operating expenses despite the inflationary

environment and maintained a stable capital adequacy ratio, which balanced the support for growth initiatives.

According to him, with a positive outlook for the global Gross Domestic Product, trade and oil demand, Caverton Offshore Support Group is well positioned to extend its service value to major crude oil exporters as a leading provider of marine and aviation logistics.

Makanjuola said the company’s direct involvement in the crude oil production value chain through service provision placed it in an advantageous position to optimise its business capabilities through a unique market access.

Building Collapse: Lagos Seals Buildings in Ikoyi, Lekki Segun James The Lagos State Building Control Agency (LASBCA) has sealed up 10 buildings in Ikoyi and Lekki areas it suspected to be structurally defective and violated the state’s building control laws.

Construction activities in five of the buildings were stopped at Osborne Foreshore Estate Phase II, Ikoyi, for not having building permits and other necessary documents while

works on the other sites were stopped in Lekki for the same reasons.

The General Manager of LASBCA, Ms. Abiola Kosegbe, who led some officials of the agency to carry out the action over the weekend, said the government has zero tolerance to building collapse.

She said the buildings contravened the urban and regional planning laws of the state and warned that works

would not continue at the sites until the owners buildings perfect their documents and meet all structural and environmental requirements of the state.

According to her, the agency would be monitoring for compliance during working days, weekends and public holidays as recalcitrant developers and defaulters use such days to carry out illegal construction activities on their property.

Kosegbe warned that it was

no longer business as usual as the agency would prosecute any worker found working on a building that has been sealed up in the court of law.

She also appealed to the public, especially the developers, to support the agency in achieving the policy thrust of the present administration of Governor Babajide Sanwo-Olu, which is aimed at reducing the incidences of building collapse in the state.

N’Assembly Yet to Receive Documents on AfCFTA, Says Committee Chairman Adedayo Akinwale ín Abuja The National Assembly has said that it was yet to receive any communication relating to the African Continental Free Trade Agreement (AfCFTA) from the executive, despite having constitutional mandate to domesticate government treaties, protocols and agreement.

The Chairman, House Committee on Treaties, Protocols and Agreements, Hon. Nicholas Ossai, disclosed this yesterday in Abuja while delivering a

goodwill message at public lecture series on “African Continental Free Trade Agreement (AfCFTA): Issues and Implication for Nigeria,” organised by the National Institute for Legislative and Democratic Studies (NILDS).

He revealed that in the coming weeks, his committee would host a special public hearing on review of all Nigeria’s treaties, protocols and agreements and a roundtable to initiate a National Policy on Arbitration to enable

Nigerians benefit optimally from government bilateral engagements.

Ossai stated: “Of greater concern is the fact that the National Assembly whose constitutional mandate in line with section 12(1) of the Constitution of the Federal Republic of Nigeria is to ratify/ domesticate government treaties, protocols and agreements, are usually completely sidelined by the executive in the processes leading to negotiations, consultations and signing of

some of these agreements.

“As I speak now, the National Assembly is yet to receive any official documents or communication relating to the AFCTA. The implication is that Nigeria will be expending tax payers money on issues that doesn’t have force of law in the country, especially with the full knowledge that under the international law, Nigeria cannot renege on her state obligation on account of none ratification of her treaties/agreements by the National Parliament.”

TUESDAY NOVEMBER 19, 2019 ˾ T H I S D AY

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NEWS

Analysts Seek Boost in Food Production as Inflation Rises from 11.2% to 11.6% James Emejo in Abuja and Nume Ekeghe in Lagos Analysts yesterday urged the federal government to ramp up support for local agricultural production across the value chain as the Consumer Price Index (CPI), which measures inflation again rose to 11.61 per cent (year-on-year) in October, occasioned mainly by increase in the food index.

The experts called on the government to make fundamental interventions aimed at redirecting the energy and resources of the country, particularly human resources and drive output, as a way of responding to current inflationary pressures.

They further attributed the rising inflationary pressures to the continued border closure, which had resulted in demandpush inflation as products from neighbouring countries could no longer reach the Nigerian markets, thereby leading to scarcity.

The headline index rose to 11.61 per cent (year-on-year) in October 2019, compared to 11.24 per cent in the preceding month, according to the National Bureau of Statistics (NBS) data released yesterday.

Food inflation increased to 14.09 per cent in the month under review compared to 13.51 per cent in September.

The NBS stated that the rise in the food index was caused by increases in the prices of meat, oils and fats, bread and cereals, potatoes, yam and other tubers, fish and vegetables.

Also, core inflation, which excludes the prices of volatile agricultural produce, however, slowed to 8.88 per cent (yearon-year) in October, compared to 8.94 per cent recorded in the preceding year.

According to the NBS in its CPI report for the month under review, the highest increases were recorded in prices of cleaning, repair and hire of clothing, hospital services, major household appliances, repair of household appliances, glassware, tableware and household utensils, and garments.

The urban inflation rate stood at 12.20 per cent (year-on-year) in October from 11.78 per cent recorded in September, while the rural index stood at 11.07 per cent in the from 10.77 per cent in the preceding month.

On a month-on-month basis, the urban index rose by 1.15 per cent, up by 0.02 percentage points from 1.13 per cent in September, while the rural index rose by 0.99 per cent in October, up by 0.03 percentage points from the rate recorded in the previous month.

The rebound in headline trajectory is a setback for monetary and fiscal authorities, which had been able to curtail an upward trajectory in recent months.

The rise further dampens the prospects for interest rate cut as well as reduction in the cost of borrowing.

Central Bank of Nigeria (CBN) Governor, Mr. Godwin Emefiele, had said recently that the apex bank was not in a hurry to lower the official lending rate known as the Monetary Policy Rate (MPR), until inflation moderates to single digit.

The MPR, which is the rate at which the apex bank lends to commercial banks, is currently at 13.5 per cent.

Inflation had assumed a downward direction in recent consecutive months when it dropped in January to 11.37 per cent from 11.44 per cent

in December 2018.

The headline index further reduced to 11.31 per cent in February and 11.25 per cent in March but resorted to the upward trajectory in April when it climbed to 11.37 per cent- and further to 11.40 per cent in May- before falling to 11.22 per cent in June, 11.08 per cent in July, 11.02 per cent in August before returning to 11.24 per cent in September- and now 11.61 per cent.

However, speaking in an interview with THISDAY, yesterday, while responding to the new inflation data, an economist, Dr. Muhammad Rislanudeen, said the upward trend of the index did not come as a surprise as it was largely driven by food inflation as a result of border closure.

This, he said, led to excess demand, “even as the food importation via our neighboring countries fell outside the ECOWAS treaty on rules of origin.”

He said: “If the government ramps up its support for local agricultural production across the value chain, inflation, and specifically food inflation, will be subdued over time with positive impact of supporting local job creation, reducing unemployment as well as poverty.”

He said the banking sector liquidity might also help to cut

interest rate with positive impact on GDP that had experienced “crawling, epileptic growth since exit from 2016 recession.”

Also, an economist and former Director General, Abuja Chamber of Commerce and Industry, Dr. Chijioke Ekechukwu, recommended the streamlining of cost of governance and lowering of MPR as part of measures to curtail the challenges posed by rising inflation.

According to him, the rise of inflation to 11.61 per cent does not really constitute a problem, noting that, “this is a seasonal price hike arising from the Christmas season.

Demand and stocking for the season have led to an increase in some consumer products.”

He said: “The closure of the land borders will in the short run, cause an increase in certain food items and other items.

The supply is under pressure to meet the demand of goods and services. Products that used to pass through the borders to increase supply are no longer coming into the country. This has increased the prices.”

He also linked inflationary pressure to the insecurity in the farmlands which had reduced agricultural produce available for consumption as many farmers had also abandoned their farmlands and settlements.

He said flooding of many

farmlands had also affected agricultural output adversely, stressing that by the first quarter of 2020 however, prices are expected to slightly drop, a situation that could also push down the rate of inflation.

Also, Chief Executive, Global Analytics Company, Mr. Tope Fasua, told THISDAY that the government would have to do something fundamental to reset the economy.

He said: “What we are missing direly is growth and development. Inflation at 11 per cent for an economy like ours could be permissible if we are growing the economy at double digit. But at 1.9 per cent growth rate we are digging a grave for this country.

“The inflation rate is being driven by food component. We have seen how the price of rice has continued to rise in spite of government investment.

“Urban inflation was 17 per cent, meaning that the stress is being borne by people living in our increasingly overcrowded cities with implications for security, the environment and investments.”

Similarly, the Head of Research at the United Capital, Mr. Wale Olusi, attributed the trend to the closure of the border.

He said: “The closure of the border is having a full impact.

Core inflation remains on the

down trend but what we see as far as food inflation is concerned is a very aggressive jump.

“In the month of November, we think the month-on-month is likely to do another 1.1 percent - which would mean that we are likely to see 11.9 percent or thereabout growth in the month of November.

“We believe inflation rate is going to go higher because there is going to be stocking up for December festivities so the trajectory is northward.”

He added that as long as the borders are closed, inflation would continue to go higher.

On his part, the Head Research Agusto & Co, Mr. Jimi Ogbobine, said: “What we are going to see is that eventually yields on government securities would rise because it cannot be below inflation for so long.

Inflation is getting higher and yields are dropping, which is against the norm.”

A Senior Lecturer, Department of Economics and Business Intelligence, Lagos Business School (LBS), Dr. Bongo Adi, also attributed the development to border closure.

“I don’t think it is something to worry about because it a short-term thing. Among all policies we have seen, I think the border closure is the one that seriously addresses some of the structural imbalances in the system.”

Senate: Hate Speech Bill is Abdullahi’s Idea Deji Elumoye in Abuja The Senate yesterday distanced itself from the Anti-Hate Speech Bill by declaring it as a private member bill and Senator Sabi Abdullahi’s idea.

But Abdullahi, the sponsor of the bill, which passed through the first reading at the Senate plenary last week, has insisted on pursuing the bill to a logical conclusion.

Abdullahi, who is the Senate Deputy Whip, told reporters yesterday that he is poised to ensuring that the bill passes through all the stages in the upper chamber before passage as well as concurrence by the House of Representatives.

Also speaking, Senate Spokesman, Senator Godiya Akwashiki, said the bill at the stage it is now, solely belongs to Abdullahi .

According to him, the merit or otherwise of its intendment, will be decided by the Senate during the second reading.

He also clarified that the bill has nothing to do with the executive or any hidden agenda.

“The anti-Hate Speech bill before the Senate is a private member bill from Senator

Aliyu Sabi Abdullahi . It has nothing to do with any hidden agenda from the executive and the Senate will apply all its legislative mechanism on it in deciding its usefulness for Nigerians or not”.

On his part, Abdullahi said the bill which he earlier sponsored during the 8th Senate but couldn’t push it further after first reading due to political exigencies of the time, is aimed at stopping the blood-letting promoted by hate speech in the land.

“The intendment of the bill is to provide a platform for dealing with those exploiting the two fault lines in the country , that is, religion and ethnicity , to cause crisis, which often leads to loss of innocent lives.

“Available records clearly show that largest percentage of ethno- religious crisis in the country within the last 15 to 20 years was caused by hate speech with attendant loss of hundreds of innocent lives. This to me as a federal lawmaker , should not be allowed to continue and the best way of doing this is to come up with appropriate law to arrest the ugly trend which the AntiHate Speech Bill is proposed to address “, he said.

HOMAGE TO THE LEADER…

L-R: Governor-elect of Bayelsa State, Mr. David Lyon; National Leader of All Progressives Congress (APC), Bola Tinubu; and Minister of State for Petroleum, Mr. Timipre Sylva, during a courtesy visit to the former Lagos State governor in Abuja…yesterday

Arthur Eze Presents, Fayemi Chairs The Sun MD’s Book Launch Dickson to deliver keynote address Business mogul and Chairman of Atlas Oronto Petroleum, Prince Arthur Eze and Ekiti State Governor and Chairman of the Nigerian Governors’ Forum, Dr. Kayode Fayemi, will serve as chief presenter and chairman of the occasion respectively at the formal public presentation of The Powers That Be (Thoughts and Reflections on People, Power & Politics), a book written by Onuoha Ukeh, MD/Editor-in-Chief, The Sun Publishing Limited, in Abuja.

The book launch holding next Monday, November 25, 2019, at Niger/Plateau Hall, Transcorp Hilton Hotel, Abuja, will also

have Bayelsa State Governor, Hon. Seriake Dickson, delivering the keynote address.

According to a statement by the organising committee of the book presentation, Senate Chief Whip, Senator Orji Uzor Kalu, is chief host of the event, while those expected in attendance are movers and shakers in the society, including governors, National Assembly members, ministers, government officials, members of the diplomatic community, politicians, captains of industry, boardroom gurus, business persons and others.

Divided into sections and chapters, The Powers That

Be (Thoughts And Reflections on People, Power & Politics), offers insightful analysis of developments in the public sphere in Nigeria and across the world.

While reflecting on the people, power and politics that define the country and elsewhere, the author expresses his opinions on critical issues, from the fringe of the Sahara to the Atlantic coastline.

The book has such chapters, such as: Theatre of the Absurd, People who can’t be ignored, Economic Equilibrium, The Obasanjo Years, From Yar’Adua to Jonathan, Unforgettable

Experiences and The 2015 Election. Others are, APC and the Buhari Government; The 2019 Election, Security Challenges, The Igbo and Biafra and Hitting the Bull’s Eye. Speaking on the book, the author, Ukeh, said it was his views on socio-political and economic development.

“The book is simply the story of Nigeria and the world written over the years as they happened. It is the view of a critical journalists/columnist who is both disappointed and satisfied with the conducts of people in government and corridors of power.”

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COMMENT

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

OPEN THE DOOR AND LET THEM OUT Tony Ademiluyi writes that the DSS should not insult the intelligence of Nigerians

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any Nigerians and activists are evidently sad at the continued detention of Col. Sambo Dasuki, the former National Security Adviser to ex-President Goodluck Jonathan, Ibrahim El-Zazaky, the leader of the Shiites movement in Nigeria as well as the Islamic Movement in Nigeria (IMN) and Omoyele Sowore, a human rights and anti-corruption activist and Publisher of Sahara Reporters.

The Directorate of Security Services’ (DSS) spokesman Peter Afunnaya in a hilarious twist revealed that these three detainees opted to be held there out of their own personal volition and the DSS shouldn’t be seen as violating or disobeying court orders. In his words: “There has been outcry about alleged illegal detention of some notable persons undergoing trials at the courts and disobedience to court orders by the service. “To put the records straight, the service wishes to draw public attention to the circumstances that warranted the custody of Col. Sambo Dasuki (rtd.) and Sheik Ibrahim El-Zakzaky in its facility,� it said. “For the avoidance of doubt, the duo had appealed to the courts to be left in the custody of the service instead of being taken to the correctional centres. “Well-meaning Nigerians are equally witnesses to the case of Omoleye Sowore, who, on a similar order of the court, was to be remanded at the Kuje or Suleja Centre, but preferred to be kept at the DSS.�

The secret police noted that “everyone, also, saw what eventually played out with El-Zakzaky, when he opted to be returned to the custody of the service even as the court had granted him leave to seek medical care in India. “These were choices these personalities made on their own volition. Since their stay, the service has continued to extend the best courtesies to them.�

Afunanya said the detainees were allowed access to people and use of other facilities like telephones, gymnasium, TV, newspapers and medical facilities. He said their families and trusted persons bring them food of their choices on daily basis. “There could not have been better treatments than these.

Against the wrong perception that the service held these persons in defiance to court orders, it is obvious, by the above explanations, that they rather chose be looked after by the DSS. The reason for such choice is not farfetched. It is simply because the service’s holding facilities are good and within acceptable

KEEPING THEM IN DETENTION LONGER THAN NECESSARY IS A GROSS VIOLATION OF THEIR FUNDAMENTAL HUMAN RIGHTS TO FREEDOM OF MOVEMENT

international standards.�

The DSS spokesman executed a successful coup here as he tried to become the clone of the German Joseph Goebbels in his information dissemination. Why would anyone chose to be in the DSS custody rather than reunite with their kith and kin?

The spokesman mentioned nothing of the court orders that mandated the government agency funded by taxpayers’ money to release these three gentlemen on bail as they had met all the conditions. We recall that the lead counsel to Sowore and human rights activist, Chief Femi Falana, SAN, cried out a few weeks ago at the game the DSS was playing in refusing to release his client to him after the stringent bail conditions had been met. The DSS spokesman latest release didn’t address the cry by Falana.

The history of the creation of secret service agencies dates back to the defunct Soviet Union era where the then dictator, Josef Stalin set up the KGB to arrest dissidents of his collectivization policy which seized the farmlands owned by the people and handed it over to the government. Stalin felt private ownership of land will be inimical to his agenda of food sufficiency for the union and preferred it to be government controlled. Opponents of this policy were rounded up, detained without trial and in many cases killed and buried in unmarked graves. It was the activities of the agency that led British writer, George Orwell to write his award winning book, ‘1984’ where the concept of the Big Brother state was espoused.

Nigeria seems to have returned to the dark days of the Big Brother state which held sway during the military rule.

The lack of respect for court orders by this administration is alarming and smirks of a return to the gory days of dictatorship. I honestly doubt if President Buhari is truly a repented democrat as he once touted himself to be. You cannot be a democrat when you routinely flout court orders, make a huge mockery of the judiciary and disregard the rule of law.

We call on the DSS to unconditionally release the aforementioned three as they have long met their bail conditions.

Keeping them in detention longer than necessary is a gross violation of their fundamental human rights to freedom of movement which the 1999 Constitution and the various human rights charters by the United Nations and African Union in which Nigeria is a signatory forbids.

Enough of executive impunity and lawlessness!

Ademiluyi wrote from Lagos

FARMING PRACTICES AND CLIMATE EMERGENCY Agroecology principles should be used as guideline to transform the production system, writes Judith Uord

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hen 196 countries negotiated the Paris Agreement with a commitment to take steps to limit the increase in global average temperature this century to well below two degrees Celsius or 1.5 to be exact, there was hope for the Earth.

Under the agreement, each signatory submits its own national plan setting targets for emissions reduction and specifying pathways by which it aims to meet these targets.

Despite the 2015 agreement, global carbon emissions increased to 1.7 per cent in 2017 and a further 2.7 per cent in 2018.

In 2019, carbon emissions peaked at 414.9 parts part million (ppm). This was not just the highest figure recorded in 61 years of observation, but the highest level in human history, higher than at any point in million of years.

An average of about 2.57 million pounds of Carbon Dioxide (CO2) is emitted into the air every second as a result of industrial activities, transportation, heating and power generating systems. This has resulted in global warming. But global warming is just an aspect of climate change. The side effects of warming are melting glaciers, heavier rainstorms, or more frequent droughts.

China leads the world in CO2 emissions followed by the United States of America.

So when the United States’ President, Donald Trump, announced last week that the US was backing out of the Paris Agreement, the climate change agenda suffered a setback, thus setting the stage for an emergency in the world’s climate situation. But how did the world get to this critical junction? CO2 has contributed more than any driver to climate change between 1750 and 2011 because it remains in the atmosphere longer than other major heat trapping gases emitted as a result of human activities. It takes about a decade for methane (CH4) emissions to leave the

atmosphere (it converts to CO2), about a century for Nitrous Oxide (N2O).

After a pulse of CO2 is emitted into the atmosphere, 40 per cent remains in the atmosphere for 100 years and 20 per cent resides for 100 years, while 10 per cent takes 10,000 years to turn over. This literally means that the heat- trapping emissions released today from cars, power plants (generators) are setting the climate our children, grand and great grandchildren will inherit.

In 2013, atmospheric CO2 surpassed 400 ppm for the first time in human history. Half of human related CO2 emissions occurred only in the last 40 years.

Global carbon emissions reached an all-time high in 2018. A report released by Global Carbon Project, a consortium of researchers showed that CO2 emissions from burning fossil fuels are likely to have increased from 2.7 per cent in 2018 after a 1.6 per cent increase in 2017. The scientists project that fossil fuel related CO2 emissions will hit a record high of 37.1 billion metric tons by the end of 2019, estimating that total CO2 concentrations in the atmosphere will also hit highest level ever at 407ppm, about 45 per cent higher than their pre-industrial levels.

According to Glen Peters, research director at the Center for International Climate research in Norway and a co- author of a new report, “there is no other alternative but to ramp up policies, otherwise emissions will keep rising.�

In October this year, the Intergovernmental Panel on Climate change released a special report on the action that would be required to keep global temperatures within a 1.5 degrees Celsius target. The report noted that global CO2 emissions would need to fall 50 per cent by 2030 and reach net zero by 2050.

The rate which nations would need to reduce their emission each year in order to reach these targets becomes steeper, and less

attainable every year such that emissions continue to rise.

The recent United Nations report on the ‘emissions gap’ showed the mismatch between the Paris Climate targets and the actions nations are actually taking to reach them. By walking away from the Paris deal, America has confirmed that the climate action pledged by nations is “inadequate to bridge the emissions gap� and that if actions are not strengthened before 2030, the 1.5 target will slip out of reach. A worsened climate situation spells more hunger and poverty for Africa.

It is against this backdrop that Alliance for Food Sovereignty in Africa (AFSA)’s agroecology push for food systems in Africa becomes instructive.

Agroecology, AFSA agrees, is not a new invention because it has been in scientific literature since 1920s. However, it has found expression in family farmers’ practices, in grassroot social invention for sustainability and public policies of various countries around the world.

The high statistics of food insecurity in Africa is evidence of the failure of industrial neo-liberal policies.

Fundamental to agroecology discourse is the human rights approach to food and this should be supported through food policies and legal frameworks. For AFSA, one method of ensuring food security is through the Right to Food, defined by the United Nations as “the right of every individual, alone or community with others, to have physical and economic access at all times to sufficient, adequate and culturally acceptable food that is produced and consumed sustainably, preserving access to food for future generations.�

In AFSA’s thinking therefore, as an alternative legal order, food sovereignty can thus be an engine to achieve sustainable food systems and protect the environment upon which the

food systems depend upon.

The United Nations Conference on Trade and Development (UNCTAD) has set out that fundamental transformation of agriculture may well turn out to be one of the greatest challenges, including for international security of the 21st century. The UNCTAD recommends that the world needs a paradigm shift from conventional monoculture- based and high external input dependent agriculture to a sustainable regenerative production system, which is holistic and recognises that farmers are more than just producers, but are also managers of an agro-ecological system which provides a number of public goods including water, energy, soil and biodiversity.

For Africa food systems, business as usual is thus no longer an option.

Professor Robert Watson, director of the International Knowledge, Science and Technology for Development (IAASTD) said: “If we do persist with business as usual, the world’s people cannot be fed over the next half- century. It will mean more environmental degradation, and the gap between the haves and have-nots will expand. We have an opportunity now to marshal our intellectual resources to avoid that sort of future.

Otherwise, we face a world nobody would want to inhabit.�

The IAASTD had assessed the impact of past, present and future agricultural knowledge, science and technology on the reduction of hunger and poverty, improvement of rural livelihoods and human health and equitable, socially, environmentally and economically sustainable development.

Agroecology principles should therefore be formulated and used as the principal guideline to transform and improve the current system, putting food producers at the centre.

Ufford wrote from Addis Ababa, Ethiopia

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EDITORIAL PDP SHOULD PUT HOUSE IN ORDER The main opposition party should forge unity of purpose

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othing advertises the lack of seriousness in the main opposition Peoples Democratic Party (PDP) than its inability to resolve the crisis over minority leadership positions in the House of Representatives.

While the question as to whether the occupants should be appointed by their parties or elected by the entire membership is already answered by provisions of Section 60 of the 1999 Constitution (as amended), some misguided PDP leaders are still issuing threats on a matter that ordinarily should be resolved through dialogue.

The House Standing Rule clearly provides that “members of the minority parties in the House shall nominate from among them, the minority leader, minority whip, deputy minority leader, and deputy minority whip” as they have done. The provisions on the powers of National Assembly members regarding leadership are precise THERE IS NO BETTER enough and have no TIME THAN NOW FOR A room for external RESILIENT OPPOSITION interference. Besides, THAT CAN HELP what those issuing GALVANISE AND MOBILISE threats within the PDP forget is that the THE PEOPLE AROUND role of leadership is ALTERNATIVE VIEWS to proffer solutions to challenges, not aggravate them.

Against the background of the report released by the Senator Ike Ekweremadu post-election review panel which revealed that impunity largely cost PDP the 2015 general elections, bringing undue pressure to foist leadership of the minority caucus was an overreach. Having failed, the party should neither continue on the same path nor be seen to display a lack of respect for the independence of the legislature.

As we have highlighted in the past, it is important for the PDP to learn lessons from its own experience.

Just a few years ago, the party controlled more than 60 per cent of the National Assembly membership

Letters to the Editor

as well as no fewer than 23 of the 36 states of the federation. Unfortunately, the PDP got enmeshed in a self-inflicted crisis arising from the virtual overthrow of its constitution by a succession of self-serving leaders. It is therefore in the interest of our democracy that critical stakeholders who still command respect within the party help to resolve the issue of House minority leadership positions so that the PDP can move ahead as a strong opposition platform.

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

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

o the extent that the ability of the opposition to challenge the ruling party is integral to representative democracy, we urge the PDP leadership to put aside whatever personal interests they may have in the aspiration of certain candidates in the House of Representatives and rally behind their members that have been elected for minority leadership positions. A recent statement by the ruling All Progressives Congress (APC) that Nigeria is becoming a one-party state because the PDP has failed in its role may have been issued tongue- in- cheek. But there is an element of truth in it. Nigerians who look up to the PDP to anchor responsible and strong opposition that can articulate alternative policies and views are getting increasingly disappointed.

It is not complimentary on PDP’s leadership that four months down the line, it is still unable to consider the reports turned in by the various panels it set up to look into House leadership crisis and related matters in order to resolve the issues. Brandishing the sledge hammer of suspension against certain members can only worsen matters and push the protagonists into adopting a hard line position. What is demanded of PDP at this moment of our democracy is unity of purpose. There is no better time than now for a resilient opposition that can help galvanise and mobilise the people around alternative views.

To do that effectively, the party has to reinvent itself by learning from the mistakes of the past. We hope the PDP can understand that message by putting its house in order.

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 IMPACT OF NIGERIA’S BORDER CLOSURE

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resident Muhammadu Buhari ordered a partial closure of the land border on August 20. According to him, it was due to massive smuggling activities, especially rice.

Fact available has it that Benin imports 1.2 million metric tons of rice annually, against its population of about 11 million people. Cameroon imported 728,443 metric tons of rice according to National Statistics Institute (INS) in 2017, against a population of about 24 million. That same year Niger imported rice worth $53.9 million, about 135 metric tons of rice for a population of 21 million. Nigeria on the other hand imported 1.3 million metric tons in 2017 for a population of over 190 million people. It means massive loads of rice have found their way to Nigeria with paltry duty accruing to the federal government. This trend is threatening Nigeria’s domestic rice production.

The agreement among the ECOWAS member states on goods coming into the country states that, the goods must be containerized and taken through the border where they can be assessed and attested that they are not smuggled items. The border closure was therefore as a result of the failure of the neighboring countries to fulfill their obligations.

What are the impacts of Nigeria’s border closure?

Today, ironically billions of naira is accruing to government purse from payment of duties. At present, the Christian Poultry farmers are singing halleluiah while the Muslim Poultry farmers are shouting Alhamdulillahi as a result of high demand for local chickens.

The trend of border closure globally is that each time a border is closed, the economy of the local country is negatively impacted.

Who would have imagined that the closure of land border would bring more money for us? According to the Custom Boss, ‘’ what we have discovered is that most of those cargoes that used to go to Benin Republic, shipped to Benin , and then discharged and smuggled into Nigeria , now that we have closed the border they are forced to bring their goods to either Apapa or Tin Can Island and we have to collect duty on them… as a matter of fact, our revenue has not reduced , it is increasing as a result of closing the border.’’ He added that the agency has been making between N4.7 billion to N5.8 billion daily more than the agency used to generate before the closure. In a similar vein, the Minister of State for Petroleum Resources , Timipre Sylva said that “there is a drop in fuel consumption by eight million litres a day.’’

Of the basic elements in the world, food has proved more important to the human race than other basic necessities of shelter and clothing. It is the most important crop of the developing world. According to ricepedia.org/rice-as-food/, rice is by far the most important food crop for people in low and lower-middle income countries. Ricepedia.org also has it that more than 3.5 billion people depend on rice for more than 20% of their daily calories. No wonder millions of people who are in extreme poverty are crying to government to reopen the border.

What is happening at our borders at the moment?

Report has it that strict compliance reigned at the main border

post between the two countries ( Benin and Nigeria) but illegal businesses still thrive at some bush paths. A reliable source has it that there are over a thousand routes in the country where illegal business still booms. What are we doing about these illegal routes?

The Minister of Information and Culture , Alh. Lai Mohammed says “there is no gain without pain and Nigerians must endure the temporary effects of the border closure to reap the attendant benefits.’’ The crux of this statement in all honesty is lack of continuity in government policies and how long are we going to continue this endurance race? The Customs boss, Col Hameed Ali (rtd) has reiterated few days ago that the land borders will remain closed pending when Benin and other neighboring countries stop taking Nigeria for smuggling destination. He emphasized that the closure would remain in place until neighboring countries duly comply with the ECOWAS protocols on transit of goods. But is that the permanent solution?

What are we doing to attract more investors in agriculture? What are we doing to make investors have confidence in us? A comprehensive appraisal of the problems at all borders should be taken and analyzed, then we can come up with appropriate solutions.

But what is paramount to the masses is to get quality food at affordable prices. Would the government be able to guarantee this in the long run? If the answer is in the affirmative then, the fleeting suffering is worth waiting for, but if not, a permanent solution is what must be rummaged for.

Olusanya Anjorin, Lagos

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POLITICS

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

In Ogun, It is Triumph for Rule of Law Femi Ogbonnikan reviews the validity of the electoral victory of Prince Dapo Abiodun as Ogun State Governor, arising from the recent verdicts of both the Court of Appeal sitting in Ibadan and that of the Ogun State Governorship Election Petition Tribunal, Abeokuta

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n modern-day politics, as it is being played out, is a departure from its old order whereby the followers, as a result of their ignorance, were made to dance to the whims and caprices of their leaders. The bequeathed practice is such that it is gradually fizzling out and it is paving ways for a new crop of followers and members that are weary of perfidy, but have chosen to take their destiny into their own hands.

Thus, the political equation in Ogun state presents a paradox to the old order whereby the incumbents no longer call the shots when it comes to succession processes.

By and large, while relating the scenario to the realities on ground, one is quick to add that political patronage has come to questioning.

March 9, 2019 was the day of reckoning when the good people of Ogun State, in their magnanimity, unanimously gave their mandate to the candidate of the All Progressives Congress (APC), Prince Dapo Abiodun, as governor.

However, the aftermath of the emergence of the APC candidate didn’t go down well with the, then governor, Senator Ibikunle Amosun, an arch-rival and a political godfather of the candidate of the Allied Peoples’ Movement (APM), Mr Adekunle Akinlade, who was defiant of persuasions and pleas from well-meaning Nigerians to concede defeat, but decided to head to the tribunal to challenge the victory of his hitherto bosom friend.

True to type, his (Amosun) adopted party (APM) approached the Ogun State Governorship Election Petition Tribunal, but the matter was thrown out for lack of merit, in what the three-man panel chaired by Justice Yahaya Halilu described as “lazy, deficient and shallow”.

As if undone, it appealed the verdict of the tribunal at the Court of Appeal, sitting in Ibadan, Oyo state capital, while the appeal went the same way as it was at the tribunal.

While delivering the judgement on Monday, November 11, 2019, the five-man panel presided over by Justice Abubakar Yahaya, who was unavoidably absent, but read by Justice Muhammed Ambi-Usi Danjuma, and who led three others, Justices Isaiah Olufemi-Akeju, Jamilu Yammama Tukur and Moore Adumein, dismissed the appeal of the APM candidate and his party which he said, “it lacks merit and it is therefore, struck out”.

In the unanimous decision, Justice Danjuma avererred that the 10 grounds of the appeal filed by the APM and its governorship candidate challenging the victory of Governor Dapo Abiodun lacks merit.

“The respective objections raised by the two appellants (APM and its candidate) are over-ruled and the emotions have no merit, answers to them are sustained and the two motions are dismissed”, read Justice Danjuma.

Earlier, at the Ogun State Governorship Election Petition Tribunal in the Petition No. EPT/OG/GOV/01/2019, a three-man panel chaired by Justice Yahaya Halilu, in a 400-page verdict threw out the petition of the APM and its candidate and upheld the electoral victory of Abiodun as governor.

Review Of The Evidences With all the evidences of the APM witnesses, it was argued that by virtue of Section 285 (9) of the Constitution “every pre-election matter” is subject to the provisions of the said Section 285(9) of the Constitution. That the submission

Abiodun of Form CF001 on 25th October, 2018 by the 2nd Respondent to the 1st Respondent clearly, preceded the 9th March, 2019 Governorship Election, therefore evidently a pre-election matter, and therefore, any complaint arising from or based on alleged false information contained in the affidavit of the form CF001 submitted on 25th October, 2018 must be brought within 14 days of the accrual of the cause of action i.e within 14 days of 25th October, 2018 this he submitted is a Constitutional requirement.

While expressing effusiveness in the validation of his electoral victory, Governor Abiodun noted, thus, “Today’s victory is a triumph of the truth and democracy.

I give all the glory to the Almighty God, for I remain a testimony to His faithfulness.

We equally thank our team of lawyers led by Prof Taiwo Osipitan (SAN) for its exemplary professionalism, diligence and masterful delivery of the points of law. We appreciate the leadership of our great party, APC, for their steadfastness and support

“We agree no less with the submission of the Senior Counsel to the 2nd Respondent that the operative phrase in section 285 (9) is “every pre-election matter” and the timely prosecution of same. The mischief sought to be suppressed by the introduction of section 285(9) is to ensure unlike the provision prior to the amendment, that pre-election matter are instituted and determined with utmost dispatch.

“We also hold the strong view that any interpretation which embraces the commencement of pre-election matter such as in the instant petition outside the 14 days of the accrual of the cause of action as prescribed by the constitution will definitely defeat the legislative intention behind section 285(9) of the Constitution.

“We also found support that the issue relating to form CF001 Exhibit “P331” is a pre-election matter in suit CA/A/2019 BARUWA VS APC delivered on 6th may, 2019 by the court of Appeal a copy of which was tendered in as Exhibit “P35C”.

Tribunal observed and held that there was no scintilla of proof in respect of the allegation that 2nd Respondent submitted CF001 containing false information.

That failure of the 2nd Respondent to disclose the Universities he attended or graduated in Exhibit ‘P331’ can not by any stretch of fertile imagination or brilliance of the Counsel address amount to false information. Section 138(1)(e) was clear as to its provision. “The Affidavit submitted contained false information of a fundamental nature in aid of his qualification for the election”. We hold that there was no proof before us that the information in Exhibit ‘P331’ was false.

It held that the 2nd Respondent was qualified having satisfied the requirements of Section 177 and 182 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the only evidence before us was that 2nd Respondent declined/ refused to “include the universities he attended or graduated”.

It therefore hold that the Petitioners documents and oral evidence in support of this ground was lazy, deficient, utterly hollow, skimpy and shallow and proved nothing.

Amongst others the Tribunal held

completely disagreed with the Petitioners as submitted that the documents before it, i.e Form EC8A, EC8B, EC8C, EC8D, EC8E, Voters Registers, Smart Card Reader report enjoyed a presumption of regularity and did not need witnesses who were familiar with the documents to demonstrate to the Court the contents of the documents; that the evidence led

by PW1-PW34 failed to prove that there was over-voting in the 34 poling units as the law is trite that any evidence which seeks to prove over-voting without Voters Registers is of no probative value; that on the argument that once on the face of the Form EC8As series, it is shown that the number of votes cast exceeded the number of accredited voters, such result shall be declared null and void, the tribunal held that the above arguments has no basis in law.

Meanwhile, while expressing effusiveness in the validation of his electoral victory, Governor Abiodun noted, thus, “Today’s victory is a triumph of the truth and democracy. I give all the glory to the Almighty God, for I remain a testimony to His faithfulness. We equally thank our team of lawyers led by Prof Taiwo Osipitan (SAN) for its exemplary professionalism, diligence and masterful delivery of the points of law.

“We appreciate the leadership of our great party, APC, for their steadfastness and support.

“In addition, we wish to express our sincere appreciation to the judiciary, once again, for playing its role as impartial arbiter with courage, fairness and candour.

“We are equally grateful for the solidarity and unwavering support of the APC faithfuls across the 236 wards of our state and their ‘Omoluabi’ conduct throughout this tortuous journey to the land of total victory.

“The victory has rekindled our drive to do more in “Building Our Future Together” Agenda and every village, hamlet, town or city will not be left out in the scheme of our inclusive development.

“Life is hinged on hope, our Administration has restored hope to the people and we shall not relent until every citizen of the state attains individual prosperity, whilst ensuring adequate security and putting the state on the path of sustainable development.

“The time has now come for all our adversaries to sheathe their swords and join forces with our Administration, if need be, the motive is to serve the good people of our dear state.

Joining the fray of well-wishers, the Ogun State chairman, Inter-Party Advisory Council (IPAC), Comrade Arabambi Abayomi, said, “Beyond the State Governor, the Ogun State voting public is also congratulated. The victory, though very well deserved, it is also the unshaken expectation of the people of Ogun State whose votes gave now been made even judicially to court, as it does confirm that the Nigerian judiciary has clearly grown the image of the last hope for all”.

Also, in his own congratulatory message, the Ogun State Caretaker Publicity Secretary, Comrade Tunde Oladunjoye, during a press conference, shortly after the verdict, said, “We see the judgement of the Appeal Court as a true reflection of the overwhelming wishes of Ogun people, freely expressed in the March 9, 2019 governorship election. The party believes that the latest judgement from the Court of Appeal will put to an end, the side distractions of this budding political association touting unedited mandate”.

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FEATURES

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

Rewriting Pension History in Imo Rebecca Ejifoma writes that Governor Emeka Ihedioha has rewritten the pension history of Imo State with the recent digitisation process that has captured all 24,000 retirees, and weeded out thousands of ghost pensioners, thus saving N3.5 billion annually

Some of the pensioners during the veriďŹ cation process

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hough numerous infrastructural projects like roads, stadia, LGA secretariats are on-going across Imo State, the reform of the pension scheme by Governor Emeka Ihedioha has provoked so much ethos For retirees and senior citizens who were hitherto only paid three times in eight years, their fortunes have changed for good. Now, in just five months, they have received pension payout for two months in block.

"Before, we were only paid three times in eight years. It is like we are in a trance, or in Europe; here we are sitting at homes and getting our pensions payment alert on our phones. It is unbelievable, it's un-Nigerian," said an elated pensioner.

Initial Skepticism For them, October 17 was a day to remember. Capturing their feelings succinctly, one of the pensioners said: "Governor Emeka Ihedioha had told us we shall begin to get our pension payment on this day but we didn't believe him.

We were shocked when it happened like he said it would�.

Their scepticism was founded on years of failed promises and extreme deprivation. Numerous verification exercises had been conducted in the past by various governments in the state; "but the more they verified us, the more chaotic the system became and the less we were paid�, another added.

This must explain why pensioners were embittered when the governor started another round of verifications. The heart of most pensioners were broken. All they sought was to be paid. Even if it was for half a month, they would be glad because they had been without pay for at least four years.

Determination to Revamp Pension System But there was neither basis for payment nor records. The previous administration left no pensions record; and even the various units quoted different conflicting numbers and figures. Not deterred by what was on ground, Ihedioha therefore determined that the problem would be solved once and for all.

In June, he set up a pension review committee chaired by Barr. Pascal Madu, a thoroughbred administrator who is designated as Chief Technical Adviser (CTA) to Governor Ihedioha.

numerous trucks and ferried down to Data Extraction Centre. Hardware and software were set up including about 400 laptops, web cams, extension boxes, LAN cables, power cables, biometric scanners among others.

Altogether, about 1000 youths drawn from all the LGAs of the state were trained and deployed for the exercise.

Twenty-seven biometric capture and verification centres were created, one in each LGA. It turned out to be a most orderly verification exercise as the pensioners attested. Pensioners were seated; lunch was provided daily and medics were on hand to attend to the ailing.

Particularly unique was the fact that home and hospital capture were introduced. Pensioners in hospitals were captured right on their sick beds while those at home, too weak to come out to the verification centres were not left out.

After the verification and biometric capture, extensive computations were carried out and 24, 431 Imo pensioners were paid through an e-payment portal.

That was how joyful alerts played on the phones of more than 24000 Imo seniors on October 17, 2019.

Pensioners during the veriďŹ cation process

Outcome The result of this elaborate process is that today, Imo state has joined the ranks of entities that have digitised pension data that is inviolate and almost impossible to breach. With this database, a proper, well-structure pension system would be built and operated.

Impending retirees would be captured ahead of time, while transited ones would be deleted. Never again would Imo pensioners be subjected to any verification exercise again; never again would they queue up to collect their pay as alert would ring in their phones every month without fail.

Governor Emeka Ihedioha

Croesus Integrated Services, reknowned pension consultants, was also engaged to revamp the entire gamut of Imo State pension system. Thus begun the process of complete digitisation and reform of Imo State pension system.

The Process With the goal to raise Imo Pensions

to international best practice status, the committee and consultants dug in. They had to start right from the beginning.

They went into the pensions archives of the state and 'exhumed' over 48,000 pensioners files dating back to 1976 when Imo State was created.

The files were in various stages of dereliction. They were loaded in

Way Forward According to the Special Adviser to the Governor on Media, Mr. Steve Osuji, going forward, proper pension board will grow from this process and “we shall migrate the state pension scheme to a contributory system in due time.

Hundreds of ghost pensioners have been weeded out and about N3.5 billion is saved annually after this exercise. “What Governor Emeka Ihedioha has done in such a short while is akin to a revolution. Imo is now a pension scheme model for other states to emulate�.

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FEATURES

Boosting Tomato Farming in Kano Ibrahim Shuaibu writes that in Kano State, Dangote has boosted tomato farming by setting up a processing plant, thus enhancing the economy of the local farmers, as the technology is expected to increase their harvest from the current 10 tonnes per acre to as much as 40 tonnes

Hybrid tomato seedlings at Dangote tomato factory

Mr Abdulkarim Kaita, MD Dangote tomatoes showing o some hybrid tomato seedlings

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omato production has been identified as one of the lucrative sectors that will create employment and boost Nigeria's economy. A firm believer in this, Alhaji Aliko Dangote, who also doubles as Africa’s richest man, has tapped into the sector by setting up a tomato processing company in Kano State.

This has by far boosted the economic growth of the state and has encouraged tomato farmers. This is in itself is not surprising. According to reports by the Dangote Tomatoes Processing Limited, which is a subsidiary of Dangote Farms, Nigeria spends an average of $360 million on importation of tomato paste. This, the company lamented has seen large sums of money was moved to other countries for importation.

Taking measures to prevent such capital flight, the company intends to boost the morale of the tomato farmers, who will be kings in their field, by enriching themselves through the purchase of their products by the company.

According to the Managing Director of the Dangote Tomato Processing Company in Kano, Mr. Abdulkarim Lawal Kaita, if the government can impose total ban on tomato paste importation as it has done on rice, the company would make the country sufficient in the production of the commodity within one year.

Shedding more light on their plans, he said the Dangote Tomato Company is now set to continue production as it has established green house that can produce 350 million seedlings annually, adding that the whole facility cost the factory N3 billion. This he said would house hybrid seedlings capable of producing up to 100 tons per hectare in a season.

He said: "The seedlings are hybrid, capable of producing up to 100 tons per hectare in a season. We are going to change the concept of tomato production in Nigeria. Currently, the types of varieties grown by the local farmers cannot grow more than 10 tons per hectare. But these seedlings we are producing are capable of producing 40 tons per hectare. If a serious farmer gets it, he can produce up to 100 tons per hectare in a season. We want to make Nigeria sufficient in tomato production.

But this could only be achieved if the federal government completely bans the importation of tomato paste into Nigeria.�

Furthermore, when the green house starts rolling out the seedlings and farmers start planting and getting the

Growing seedlings

Tomato farmers observing how the hybrid seedlings are being planted

40 to 100 tons per hectare, the whole scenario in tomato production would change for the better. Notwithstanding, Kaita said the factory has set aside arrangements to improve the socioeconomic life of the people through tomato production and processing, adding that it is located at Kadawa, Kano, along busy Kano- Abuja Road.

Given that Nigeria consumes 2.3 million tons of tomatoes paste, he noted that they “have the capacity to produce

8 million tons annually, exceeding local consumption. You can now imagine how much the country can make on foreign exchange�.

Stressing that the farm, which is fully automated, is the largest and first of its kind in West Africa, he pointed out that the farm is expected to enhance the economy of the local tomato farmers, as the technology is expected to increase their harvest from the current 10 tons per acre to as much as 40 tons per acre.

According to him, "the management of the Dangote Tomatoes Processing Limited which is a subsidiary of Dangote Farms is excited to reveal the tremendous effort that we are making to ensure that Nigeria becomes self –sufficient in tomato production. “The planting medium you are looking at is called PAT MOOSE which has the capacity of producing 350 million seedling per season that can be used to plant an estimated 12,000 hectares of tomato farm. We are glad to disclose that we are the first to bring this new technology into the country and this is going to fast track the yield of our tomato farmers tremendously. “The project is being executed under the CBN Tomato Anchor-Borrowers Programme. The CBN will be paying for the seedling that we are cultivating, and it will be distributed to farmers.

The PAT MOOSE process you are seeing takes three weeks, after which it goes to the next stage, and the whole process of growing the tomato takes just three months.�

Kaita who further noted that the introduction of the technology will put an end to post-harvest loses, as well as increase the volume of harvest of the commodity, said: “based on study under the GEMS project, from the 12 states that engage in massive tomato production, there is over 171,000 hectares of land for tomato production, and if you multiple this with the over 40 tons which the technology is capable of producing per hectare, that means we can grow our production to around 8 million tons. “With this in the next two years, if government effects the ban on the importation of the commodity, just as it has been done in the case of rice, Nigeria will soon become net exporter of the commodity."

Malam Inuwa Kadawa, a tomato farmer , told THISDAY that the coming of Dangote tomatoe processing company in their area has improved the economy of the villagers, created employment opportunies and elevate their optimism of becoming richer through their farm input.

His testimonial and those of other famers have come to reinforce that the coming of Dangote into Kano tomato business will boost the agribusiness economy of the peasant farmers in the state. Given these testimonials, stakeholders and agricultural experts noted that more of its kind are needed in the North to improve the country’s economy.

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WEEKLY PULL-OUT

19.11.2019

GAGGING NIGERIANS THROUGH THE OBNOXIOUS HATE SPEECH BILL

Senate President, Ahmed Lawan

Speaker, House of Representatives, Femi Gbajabiamila President Muhammadu Buhari

Former Senate President, Dr. Bukola Saraki

Sponsor of the Hate Speech Bill, Senator Sabi Abdullahi

2/DASHBOARD

19.11.2019

Admissibility of Interpreted Confessional Statement, where Local Language Copy isn’t tendered in Evidence PAGE 4

Sasegbon Lives Again through his Works PAGE 5

Lekki Property: Businessman Accuses AMCON of Defying Court Order PAGE 5

‘Africa is Stepping on a Land Mine, if it fails to Prioritise the Engagement of its Young Population’ PAGE 6

QUOTABLES ‘We are going to inject sanity into the social media space, which some extremists have turned into a platform of disseminating fake news and hate speech, which are dangerous tools in the hands of extremists. We will not be the first country in the world, to check the recklessness of social media.

The UK and Singapore, have done so.’

– Alhaji Lai Mohammed, Lawyer, Minister of Information and Culture, Federal Republic of Nigeria ‘The Armed Forces should concentrate their efforts on containing terrorist activities of the dreaded Boko Haram sect in the North East, and not dissipate its energy by distributing men in 36 States of the country, to subject civilians and other Nigerians and foreigners to a degrading and dehumanising search, which is unknown to law.’

– Femi Falana, SAN, Human Rights Lawyer and Activist

SON Arraigns Alleged Importer of 13 Containers of Substandard Cables PAGE 6

‘Success depends on Focus, Humility, Determination and Hard work’ PAGE 6

COLUMNIST DR. MIKE OZEKHOME, SAN, OFR, FCIARB, PH.D, LL.D Constitutional Democracy, means a system of government, in which political and governmental power, is defined, limited and shared by a grundnorm called the Constitution, which provides inbuilt checks and balances.

This column seeks to fiercely discuss constitutional, legal and political issues, with a view to strengthening, deepening and widening the plenitude and amplitude of democracy and good governance, without fear or favour.

The writer of this column, Dr. Mike Ozekhome, SAN, is a Constitutional Lawyer, Human Rights Activist, Pro-Democracy Campaigner, Notary Public and Motivational Speaker. He co-founded the Civil Liberties Organisation (CLO), Nigeria's pioneer human rights league, on October 15,1987, the Universal Defenders of Democracy (UDD), in 1992, and with Chief Gani Fawehinmi and others in 1998, the Joint Action Committee of Nigeria (JACON), to push out the military. In his early days, he lectured at the University of Ife. Dr. Ozekhome is an author of many books. He is also a Special Counsel at the International Criminal Court (ICC), at The Hague.

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

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Hate Speech and the 14th Century Bill

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‘Free Speech: Between Punishment and Persecution’ ecall that earlier this year, in my piece of 11/6/2019 - ‘Free Speech: Between Punishment and Persecution’, I discussed the issue of ‘hate speech’ vis-a-vis our right to freedom of expression and the press, which is firmly entrenched in Section 39(1) and (2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended)(the Constitution)(and Section 38(1) which guarantees our right to freedom of thought), when Senator Sabi Abdullahi sought to introduce his National Commission for the Prohibition of Hate Speech Bill 2019 (PHSB)(I’m not sure, if that was the name the Bill was called initially) to the Senate, during the pendency of the 8th National Assembly (NASS).

We all heaved a sigh of relief, when the Bill did not see the light of day, and was discountenanced and denounced, for what it is, anti-democratic. Sadly, with what many have referred to as a ‘rubber stamp 9th NASS’, the PHSB has reared it’s ugly head again, and has passed the first reading in the Senate.

In my previous discourse, I asserted that Nigeria has more than enough laws to cover ‘mis-jiving’, (that is, wrong talk, things that should not have been said, because they are falsehoods or inflammatory), like laws in respect of libel, slander, defamation of character, sedition, incitement, cyber crimes and so on, that I wondered what the need is, for any new law in this regard.

I even compared the idea of the PHSB - which seems to be a successor-in-title of sorts to the draconian, repressive gagging Decree No. 4 of 1984 (Protection Against False Accusation), which punished those who wrote anything about top government officials in General Buhari’s military administration, with imprisonment. The curious part of the Decree was that, it didn’t matter if the story published was true! As long as it was embarrassing to the official concerned, it was an offence. Journalists, Nduka Irabor and Tunde Thompson, were jailed for flouting this Decree.

What is Hate Speech?

While it is true that, many a time, people can be reckless in their utterances and there is a lot of fake news that circulates on social media, there is no clear or international legal definition of hate speech, and this gives the PHSB plenty of room for abuse and witch-hunting. Will it be the Government Commission whose establishment is proposed in the PHSB, that will determine what constitutes hate speech? It doesn’t take Einstein to calculate that, if it’s a Government Commission that will be doing the determination, most of what will be determined to be hate speech, will be anti-Government criticism, because it is obvious that, that is what this Government considers to be hate speech. By the way, Government is supposed to be cutting the cost of governance, not increasing the size of an already unnecessarily large government, by creating more useless bodies, like this PHS Commission.

According to the United Nations, hate speech is understood as “any kind of communication in speech, writing, or behaviour, that attacks or uses pejorative or discriminatory language with reference to a person or a group on the basis of who they are, in other words,

Senator Sabi Abdullahi

based on their religion, ethnicity, nationality, race, colour, descent, gender or other identity factor”. Going by this definition, I’m not sure that this is what really obtains within the ranks of the average Nigerian or the media, at least, not without germane reasons.

The PHSB The matter of the PHSB seemed to have come to the fore, at the height of the outcry against Fulani Herdsmen, for alleged violent attacks on farmers, in different parts of the country.

The outcry against them, arose because of the incessant attacks which they were fingered in, and not just because anyone hated Fulanis, for no reason.

While I do believe that, it is absolutely ridiculous to accuse the Fulani Herdsmen of all the kidnapping and attacks against farmers in Nigeria, and equally as ludicrous to blind ourselves to the fact that, a lot of the violence could have been perpetrated by Fulani criminals, just like there are Yoruba and Igbo criminals, the Herdsmen were certainly responsible for a good number of attacks, so much so that, the Miyetti Allah Kautal Hore Cattle Breeders Association, in a reconciliation meeting brokered by the Chairman of Air Peace, Allen Onyema last month, apologised to the people of Benue for previous attacks and killings, and assured Governor Ortom of their resolve to ensure peaceful co-existence with the farmers, going forward.

This is, definitely, a step in the right direction.

Was the outcry from the Benue people against the Herdsmen, not a justifiable cry for help from the Government, as a result of their suffering and losses? As far as libel, for instance, is concerned, justification is a defence to it. Are those that are disgruntled about these situations, not justified, when they vocalise their pain and suffering? Can you refer to such, as hate speech? No. President Buhari goes to London regularly, for medical treatment, just like the First Lady on her return from her recent hiatus, said she’d been away in the UK all this while, also for medical reasons. Their son Yusuf, was also flown abroad, after his power bike accident. Yet, scores of Nigerians die every second, in our grossly inadequate Nigerian hospitals. Is it hate speech against the Buharis and Government, for those who have lost their loved ones as a result of our poor medical facilities, or for Nigerians generally, to vocalise their bitterness and frustrations, and clamour that Government officials be stopped from going abroad for medical tourism, and also face the risk of unnecessary, untimely death in our hospitals, like the average Nigerian who cannot afford to travel abroad for treatment?

Section 17(3)(d) of the Constitution does state that, the State should direct its policy towards providing adequate medical and health facilities for all, and this has not been done.

Objective of the PHSB I was amused when I read that, the objective of the PHSB “is to facilitate a harmonious and peaceful co-existence within the people of all ethnic groups indigenous to Nigeria” - how? By gagging those ethnic groups and people who feel disadvantaged? Even though this repressive bill’s objective pretends to be the same as that of the Constitution (stated in the preamble of the Constitution), its provisions are at variance with the rights guaranteed by the Constitution.

Death Sentence I see that those laws against libel and so on, are obviously not enough for Government, and this administration will only rest, when there is absolutely no dissension in the land and Nigerians are totally gagged, under the threat of death!

The truth of the matter is that, for journalists and others who can be easily identified and arrested for their utterances or publications, the threat of death is certainly an extremely effective gagging device, and at the same time, a blow to democracy and its guaranteed freedoms - only the truthful and fearless, will be able to speak against the authorities!

I was hoping that it was a rumour, that one of the punishments prescribed in the PHSB, is death; but, it is not a rumour, it is real. For example, anyone found guilty of spreading misinformation or falsehood which leads to

the death of another, will be found guilty and sentenced to death by hanging. In 2019?

When most countries are abolishing the death penalty, even for violent crimes like first degree murder, we want to further entrench it in our judicial system? This is not only shameful and embarrassing, but dangerous, especially as the provisions of the PHSB, are extremely vague and equivocal. You want to kill people, for an offence that is subjective and has no clear definition? It is preposterous, as if we are still in medieval times.

Ethnic Hatred Some of the provisions of the PHSB, with all due respect to Senator Abdullahi, are bizarre. For instance, offenders who stir ethnic hatred by their speeches, are liable to 10 years imprisonment or a N10 million fine. I say this provision is somewhat strange because, it is the Federal Government, more so than anybody else, that has mostly always done an excellent job of breeding ethnic hatred, resentment and division amongst Nigerians, with some of its policies.

In the case of this present administration, this includes its lopsided appointments favouring the Northern zones of the country, over and above the other zones (in the Security and Judiciary sectors, for example), and N100 billion proposed expenditure on RUGA or whatever new name the policy goes by, for the benefit of Herdsmen (majority of whom are Northerners); an amount exceeding the 2020 budget allocation, for health and education put together.

Should the President and his decision makers, then be arrested, for making these tribalistic appointments and policies, because their actions have contributed in no small measure, to the ethnic hatred and resentment that presently pervades this nation, contrary to the objective of the PHSB? After all, Section 14(3) and (4) of the Constitution, is quite clear and unequivocal, that all appointments must reflect Federal character.

If appointments and positions were distributed fairly and evenly, reflecting Federal character, surely, there would be no basis for any ethnic bitterness in this regard.

If the environmental degradation, destruction and pollution in the Niger Delta, for instance, where incidentally, the bulk of Nigeria’s revenue comes from, was taken as seriously by Government, as the Boko Haram insurgency in the North East, would there be any cause for ethnic hatred from the Niger Deltans? Not that the neglect of the Niger Delta, began under this administration; no, it started long before. But, because in almost 60 years of independence, Nigeria has been ruled mostly by people from the Northern zones, the North tends to be blamed for the Niger Delta woes. Would it be hate speech, for the Niger Deltans to express their disgust about the state of their environment, or that their Matthew Seiyefa who was the acting DG of DSS, was passed over twice in favour of Northerners?

In the same vein, the drafters of the Constitution put the South East zone in a position of disadvantage, with the least number of States (Section 3(1) of the Constitution). They also made it practically impossible to create any new States, with the provisions of Sections 8(1) and 9(3) of the same Constitution. Is it then, hate speech, if people are vocal about their contempt and dissatisfaction with these injustices? Is it unreasonable for them to feel cheated or sidelined? Are these injustices, not true verifiable facts? Who then, should be arrested?

Those who started and fuelled ethnic hatred with their unfair actions, skewed Constitution, and lopsided, uneven appointments, partiality, nepotism and so on, or those who speak out against them?

Some members of the Government, are alleged to be corrupt. Even some of the new Ministers are facing the same allegation, as some have EFCC matters hanging over their heads.

Would it be hate speech to point out that, this Government which came in on the mantra of fighting corruption, and strangely has alleged corrupt elements within its highest echelons, is not being taken seriously by the world at large, about any anti-corruption fight?

Nigerians are at one of their lowest ebbs, they are hungry. The country has become, the

ONIKEPO BRAITHWAITE

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

“SHOULD THE PRESIDENT AND HIS DECISION MAKERS, THEN BE ARRESTED, FOR MAKING THESE TRIBALISTIC APPOINTMENTS AND POLICIES, BECAUSE THEIR ACTIONS HAVE CONTRIBUTED IN NO SMALL MEASURE, TO THE ETHNIC HATRED AND RESENTMENT THAT PRESENTLY PERVADES THIS NATION, CONTRARY TO THE OBJECTIVE OF THE PHSB?”

new poverty capital of the world. Would it be hate speech against the Government, to mention this fact, because it paints the Government in a bad light?

The list of examples, is endless. However, one may safely deduce that, what Government seems to consider to be hate speech, are issues that have arisen due to the actions or inactions of Government itself, which, in many cases, has led to ethnic hatred and bitterness, and which those who feel shortchanged, publicly complain about.

Effective Solutions to Curbing ‘Hate Speech’ One of the most effective ways to curb the so-called hate speech by Nigerians, is for society to be made more equitable, and for Government to start performing and actualising the provisions of Chapter 2 of the Constitution - Fundamental Objectives and Directive Principles of State Policy, instead of seeking to pass useless laws, like the PHSB. Certainly, if life was better for Nigerians, there would be less criticism and so-called hate speech.

And the truth of the matter is that, no matter how well a Government performs, there will always be room for improvement, and therefore, there will always be criticism. Prohibition of freedom of speech, a constitutionally guaranteed fundamental right, is not the way to eliminate hate speech.

Addressing its root causes and drivers, will be a more effective way. I have given several examples, of the causes of discontent amongst Nigerians.

Government should look at some of these things, and make amends. Engage the media and people with these complaints, have a more inclusive, listening Government.

In conclusion, I believe that the PHSB, should be jettisoned, and thrown into the dustbin where it belongs. It is a boot licking, asinine, futile, iron-fisted, tyrannical law, that has absolutely no place in a democratic setting.

“The greatest threat to freedom, is the absence of criticism” - Wole Soyinka, Nobel Laureate

4/LAW REPORT

19.11.2019

Admissibility of Interpreted Confessional Statement, where Local Language Copy isn’t tendered in Evidence

S

is sufficient as proof beyond reasonable doubt, to sustain the conviction of the Appellant, which was affirmed by the Court of Appeal. He stated further that, apart from the testimony of these two eye witnesses and that of PW1, evidence of possession of other dangerous weapons by the Appellant, was confirmed by the sole Defence witness – DW1 – and that the trial court was right in coming to the conclusion that, the Prosecution proved its case beyond reasonable doubt. He relied on AJIBADE v THE STATE (2013) 6 NWLR (Pt. 1349) 25 at 48-49.

On the issue of self-defence raised by the Appellant, counsel argued that, the law precludes a party from arguing a ground of mixed law and facts, or from raising a fresh issue on appeal which was not raised at the court below without the leave of court – EKUNOLA v CBN (2013) 15 NWLR (Pt. 1377) 224 at 272.

Facts

ometime in January, 2010, in the Jos environs of Plateau State, crisis erupted, culminating in attacks and counter-attacks between the Beroms and the Fulanis. On 8th March, 2010, during the crisis, houses were burnt, a number of people were maimed, and some others killed in Dogo Nahauwa. On the same day, in Mangu Local Government Area and its environs, some people, inclusive of the Appellant, were seen together, armed with various dangerous weapons. A joint patrol team of Soldiers and Policemen on security alert, accosted the armed people and shots were fired at each other, leading to the death of one of the armed persons, while a soldier was injured. The armed persons were subsequently overpowered and arrested, by the patrol team. They were handed to the Police, with the various dangerous weapons found on them. Their statements were duly taken by the Police officers, at the conference hall of the station.

The weapons recovered were taken to the Exhibit Keeper, where each of the armed persons identified their respective weapons with the Appellant herein, identifying his own knife. The guns recovered were sealed and sent to Lagos for forensic examination, with the ballistics report, Exhibit B, showing that all the guns and other weapons were recently used and fired, about the same time of the arrest of the armed persons.

Further to the incident, the armed persons, the Appellant and fourteen others, were charged on various counts before the Federal High Court. The Appellant, as the 7th Accused person, was charged on two counts of conspiracy to commit an illegal act of terrorism, contrary to and punishable under Section 5 of the Criminal Code Act. Count two bordered on committing acts of terrorism, by intimidating and putting in fear, citizens of Kadunu Village and the environs, in Mangu Local Government Area of Plateau State, while armed with dangerous weapons, causing the death of several persons, serious injuries to several others, damage to public and private properties and natural resources, and thereby, committing an offence contrary to and punishable under Section 15(2) of the Economic and Financial Crimes Commission, (EFCC) Act, 2004.

The Respondent called witnesses who testified on its behalf, and tendered several documents and exhibits, inclusive of the volunteered statements of the accused persons, which were not objected to. The only defence witness, a certain Mohammed Hassan, testified that the accused persons are his brothers. His testimony centred on self-defence, in respect of the weapons found on the accused persons. At the end of the trial, the court found the accused persons guilty as charged, convicted them, and sentenced them to various terms of imprisonment.

The accused persons, who were dissatisfied with the judgement of the trial court, unsuccessfully appealed to the Court of Appeal.

The Appellant further appealed, to the Supreme Court.

Issues for Determination Two issues were distilled for determination of court. They are: 1. Whether the learned justices of the Court of Appeal were not in error, when they affirmed the decision of the trial court that the prosecution had proved the two offences with which the Appellant was charged, beyond reasonable doubt.

2. Whether the learned justices of the Court of Appeal were not in error, when they affirmed the judgement of the trial court which had placed sole reliance on Exhibit A6, an inadmissible evidence to convict the Appellant.

Arguments Arguing the first issue, counsel for the Appellant referred the court to the legal requirements of proof beyond reasonable doubt, the offences with which an accused person is charged, vis-à-vis the evidence adduced in proof of the charge. Relying on Section 135(1) and (2) of the Evidence Act and a host of judicial authorities of the Supreme Court, including – IGABI v THE STATE (2000) 3 NWLR (Pt. 648) 169 at 192, counsel referred to the ingredients of the two offences with which the Appellant was charged, and the evidence led by the Prosecution. He contended that, the testimony relied on by the trial court was hearsay evidence, which is inadmissible in law. On this submission, he relied on Sections 37, 38 and 126 of the Evidence Act, on what constitutes hearsay. He challenged the testimony of the Investigating Police Officer (IPO) on the incident, as hearsay. Counsel argued further that, the Appellant was charged for terrorism under Section 15 of the EFCC Act, villagers were attacked and maimed, houses were burnt and villagers intimidated, yet these residents and victims were not called as witnesses by the Prosecution. He contended that, through the testimony of DW1, the Appellant raised the issue of self-defence, but the trial court promptly dismissed same.

Counsel posited that, a thorough examination of the evidence of DW1 would have revealed that, the houses burnt belonged to the accused persons, the Appellant inclusive, and that the weapon found on the Appellant and other accused persons, were in self-defence.

On the second issue, counsel argued that, the decision of the appellate court affirming the judgement of the trial court, was

Hon. Olukayode Ariwoola, JSC

In the Supreme Court of Nigeria Holden at Abuja On Friday, the 5th day of July, 2019 Before Their Lordships Olabode Rhodes-Vivour Mary Ukaego Peter-Odili Olukayode Ariwoola Chima Centus Nweze Amina Adamu Augie Justices, Supreme Court SC.269/2016 Between Mohammed Ismail.......... Appellant And Federal Republic of Nigeria.......... Respondent (Lead Judgement delivered by Hon. Olukayode Ariwoola, JSC)

in error. He stated that, the trial court convicted the Appellant on his alleged confessional statement – Exhibit A6, which was written in Hausa and translated to English. The interpreter was not called as a witness, and that the Prosecution ought to have tendered the Hausa version of the statement in evidence, and not the English version which is inadmissible. He relied on DAMILA v THE STATE (1995) 8 NWLR (Pt. 415) 513 at 539-540, to support his position that Exhibit A6 is hearsay, and inadmissible in evidence to convict the Appellant.

Countering the submission of Counsel for the Appellant, the Respondent argued that, the evidence of PW2 and PW3 (Officers of the Military who first came in contact with the accused persons, and arrested them with the various weapons found on them),

“THE OFFICIAL LANGUAGE OF THE COURT, IS ENGLISH LANGUAGE. ONE WONDERS THE EVIDENTIAL VALUE LEARNED COUNSEL FOR THE APPELLANT EXPECTS THE COURT TO PLACE ON THE HAUSA VERSION OF EXHIBIT A6, WHICH IS NOT IN THE LANGUAGE OF THE COURT.....FAILURE TO TENDER THE HAUSA VERSION OF THE STATEMENT, DID NOT RENDER THE ENGLISH VERSION TENDERED INADMISSIBLE.....”

Court’s Judgement and Rationale Considering the first issue, which bordered on conviction of the Appellant for conspiracy to commit terrorist acts, the Supreme Court stated that conspiracy consists in the agreement of two or more persons to do an unlawful act, or to do a lawful act by unlawful means. The essence of the offence, is the fact of combination by agreement, which may be express, implied or in part expressed and in part implied. Thus, the offence of conspiracy is committed once the agreement is made, and the offence continues to be committed, so long as the combination persists, until the conspiratorial agreement is terminated by completion of its performance by abandonment or frustration – USMAN KAZA v THE STATE (2008) 2 SCNJ 373. It is the law that conspiracy to commit an offence, is a separate and distinct offence, and it is independent of the actual commission of the main offence, to which the conspiracy is related – SEGUN BALOGUN v ATTORNEY-GENERAL OF OGUN STATE (2005) 2 SCNJ 196. The Prosecution must establish the following, to ground a conviction for conspiracy – (i) that there was an agreement between two or more persons to do or cause to be done, an illegal act or a legal act by illegal means; (ii) where the agreement is other than an agreement to commit an offence, that some acts besides the agreement was done by one or more of the parties, in furtherance of the agreement; (iii) specifically, each of the accused person individually participated in the conspiracy. It is also the law that, there need not be an express agreement before the common intention can be shown in conspiracy – CHUKWUEMEKA AUGUA v THE STATE (2017) 2 SCNJ 1.

The trial court found in this case, that the Appellant and other co-accused persons were armed with various dangerous weapons at the time of their arrest, and indeed, believed the testimony of PW2 and PW3 who were said to be eye witnesses, including the fact that they shot at the soldiers before they were overpowered and arrested. The trial court also believed that, the Appellant and others were armed to commit an unlawful purpose. Interestingly, the Appellant did not testify at the trial court, or call any witness separately in his defence. The implication is that, he relied on the evidence of the Prosecution. It follows that, the court below rightly agreed with the findings of the trial court, that the offence of conspiracy was established by the evidence of the Prosecution.

On the second issue relating to the admissibility of Exhibit A6, the extra- judicial statement of the Appellant, the learned Justices of the Supreme Court observed that, the statement was tendered and admitted without an objection thereto. Ordinarily, the law is trite that, where inadmissible evidence is admitted without an objection at the trial court, an objection can still be raised to the admissibility of such document on appeal – CHIEF S.L. DUROSARO v T.A.A. AYORINDE (2005) LPELR-967(SC). A court is generally expected to act only on admissible evidence and expunge from its record, all inadmissible evidence. The Appellant in this case, challenged the admissibility of Exhibit A6, on the ground that it was the English version of the Appellant’s statement that was tendered and admitted. The challenge and argument thereon, is based on a misconception of the law. The official language of the court, is English language. One wonders the evidential value learned counsel for the Appellant expects the court to place on the Hausa version of Exhibit A6, which is not in the language of the court. This is more so, as the said Exhibit A6 was stated to have been read and interpreted to the Appellant after it was recorded, and the Appellant had no complaint whatsoever to it. Failure to tender the Hausa version of the statement, did not render the English version tendered inadmissible, and same was properly admitted by the trial Judge.

Appeal Dismissed.

Representation D.S. Dzege Esq. with E.A. Adoho, Esq. and H. Ibrahim, Esq. for the Appellant.

Ameh Ebute, Esq. for the Respondent.

Reported by Optimum Publishers Limited (Publishers of the Nigerian Monthly Law Reports (NMLR))

19.11.2019

NEWS/5 Lekki Property: Businessman Accuses AMCON of Defying Court Order t".$0/ EFOJFT XSPOHEPJOH Akinwale Akintunde

L-R: Hon Olabode Rhodes-Vivour, JSC, Chairman of the Occasion, Chief Wole Olanipekun, SAN, Vice President, Prof Yemi Osinbajo, SAN, widow of Deji Sasegbon, SAN, Mrs Oge Sasegbon, Chairman, Council of Legal Education, Chief Emeka Ngige, SAN and Lagos State AttorneyGeneral, Mr Moyo Onigbanjo, SAN

Sasegbon Lives Again through his Works The crème de la crème of the Nigerian legal community converged at the MUSON Centre, Lagos, last Thursday, in honour of the late Mr. Deji Sasegbon, SAN at the public presentation of the 7 Volumes of Sasegbon’s Judicial Dictionary of Nigerian Law. In eulogising the late legal author, Chairman of the occasion, Chief Wole Olanipekun, SAN, said Sasegbon left a vacuum in the legal profession which has been difficult to fill. The late Senior Advocate who passed on three years ago, was in the middle of writing the book before his sudden demise, but his widow, Mrs. Oge Sasegbon, also a senior Lawyer doggedly laboured to complete the groundbreaking project.

Chief Olanipekun, SAN, in his opening speech said Sasegbon, SAN was a humane personality, with a large heart and a generous

spirit. He urged all Lawyers to get copies of the book, and show support to Sasegbon’s widow and family. Olanipekun reminded Lawyers of the inevitability of death, and reminded the audience of the need to look after one’s body via regular exercise, good nutrition and plenty of sleep. He also lamented the absence of an insurance scheme, or gratuity, or a pension among Nigerian Lawyers as a tragedy, and called for urgent steps to remedy this situation.

Special Guest at the event was His Excellency, the Vice- President of the Federal Republic of Nigeria, Prof.

Yemi Osinbajo, SAN. Also in attendance was a Justice of the Supreme Court of Nigeria, Hon. Justice Olabode Rhodes- Vivour, JSC and Prof. Konyinsola Ajayi, SAN who reviewed the book.

Other dignitaries included the Lagos State AttorneyGeneral, Mr. Moyosore Onigbanjo, SAN, Mr. Femi Falana, SAN, Chairman Council of Legal Education, Chief Emeka Ngige, SAN, Mr. Dele Adesina, SAN, Chief JK Gadzama, SAN. Welcoming guests to the occasion, the host, Mrs. Oge Sasegbon said of her late husband: ‘he was everything but ordinary’. She expressed her profound gratitude to the excellent editorial team that worked with her, to ensure the early completion of a project about which her late husband was so passionate about. She thanked the DSC publishing team, led by the company’s Deputy Editor-in-Chief, Ehi Esoimeme.

The book reviewer, Prof.

Konyinsola Ajayi, SAN said

Sasegbon’s Judicial Dictionary is a publication, which will open the eyes of its readers to the meaning, context and etymology of words of common and uncommon usage. He noted that, the volumes cover virtually all branches of the law, saying ‘Not only were these volumes a feat of originality, reflective of the passion with which the late luminary undertook his projects, they had created order out of chaos, and laid bare the arcane terminologies whose meanings were subject to all manner of interpretations by Lawyers, Judges and Scholars alike’.

Vice President, Prof. Yemi Osinbajo, SAN, said his relationship with Sasegbon dates far back, and said he was a thorough and diligent legal professional, with an abiding hatred for that which was less than his best.

Experts Call for Awareness, Legal Framework to Aid Islamic Finance in Nigeria Akinwale Akintunde Experts in the financial sector have called on relevant regulatory bodies, to increase awareness and create a strong legal framework, that will help increase Islamic financial inclusion in Nigeria.

The experts, who include Ashraf Amma, Director PWC, Luxembourg, made the call during the 4th Edition of African International Conference on Islamic Finance (AICIF), organised by the Metropolitan Law firm and Metropolitan Skills Limited in Lagos.

Amma said, Sudan has continued to be a leader of Sukuk issuance volume in Africa.

Sukuk is an Islamic financial certificate, similar to a bond in Western finance, that complies with Islamic religious law commonly known as Sharia.

He however noted that, sadly, globally, Africa contributed less than one percent in Sukuk issuance in 2018, showing that there are lot of untapped opportunities in Africa.

“Africa has continued to face considerable challenges in developing a strong Sukuk market, as a result of regulatory tax and legal framework, lack of transparency, cost of issuance, number of debit

indexes benchmark, and hedging currency risk”, Amma said.

He spoke on the need for Africa to have a level playing field in taxation of Islamic contracts, and the need for more awareness among multilateral development Banks and agencies.

Speaking during a panel session themed: ‘Regulatory and Cross Border Issues Affecting the Utilisation of Sukuk,’ Adeola Sunmola, a Partner in Udo Udoma and Belo-Osagie’s Banking and Finance, Power, Projects and Infrastructure Department, said there is lack of clarity in Nigerian laws in relation to how Sukuk is structured,” Sunmola said.

Muhammed Dabai Suleyman, Director, Central Bank of Nigeria and Head of National Programme for the Financial System Strategy (FSS2020) who also spoke during the panel session, said Sukuk is needed to fund infrastructure development.

“Domestic market, must be very robust. We need to develop new products, for long term. We need to address the knowledge gap, so that operators understand that the products they bring to

the table, must complement with Sharia laws”, Suleyman said.

In her opening remarks, Ummanhani Amin, Managing Partner, the Metropolitan Law firm and Chairperson, 4th AICIF 2019 Planning Committee, said AICIF started because they felt there is a gap in Islamic financial inclusion.

“This is the main reason for the Conference, and that is why we have been working towards financial inclusion. We are working towards letting everyone know what products to take, because people do not understand.”, Amin said.

She said the awareness process has been gradual in Nigeria, because Nigeria is new to Islamic finance.

She disclosed that the first AICIF Conference was quite successful, because a lot of people were curious, and out of curiosity to understand Islamic finance, people came.

On the level of responsiveness to Sukuk in Nigeria, she said, “I was involved in Federal Government Sukuk as a legal adviser, and I know Sukuk has been oversubscribed twice; the

first in 2017 and second, in 2018.

Abdulkader Thomas, Chairman, Shariah Board of Sterling Bank PLC, and also a speaker at the Conference, noted that, some questions raised in financing projects using Sukuk, are if the contractor will complete the project as at when due and according to the specifications and integrity of funds.

He mentioned some of the liquidity risks in Sukuk to include, necessity of secondary market, eligible instrument for trading, source of money, what Sukuk represents, and what the benchmark is.

He listed some of the defaults to include, risk of non-completion, non-payment, failure to honour payments, and supply chain being able to support delivery.

Another Speaker, Chinua Azubike, who is also the Managing Director, Infra Credit, said people should be looking at where the market lies, and ensure the structure works in compliance with Sharia laws.

“When Sukuk is demystified, people will begin to understand its benefits. The opportunities in Sukuk, are enormous”, Azubike said.

an injunction in his favour on October 24, 2019, which ordered AMCON not to prevent him from accessing his home in the Estate.

The Judge made the order in suit LD/8418LMW/19, after dismissing a preliminary objection filed by Knight Rook Ltd, Mr Lanre Olaoluwa and AMCON. Mr Olaoluwa is AMCON and Knight Rook’s Receiver/ Manager.

But, Shittu alleged that on Monday, November 11, 2019, Olaoluwa, protected by about 40 policemen and other persons, broke into his home in the company of artisans, who were instructed to remove doors and windows and a portion of the roof.

According to him, the entrance leading to his street within the estate was blocked by the policemen, to prevent the estate residents from coming close or taking pictures of the atrocity.

Therefore, the residents could only take pictures from afar.

He said when confronted by concerned residents of Victory Park Estate about the extensive damages to the property, the Receiver/Manager’s agents stated that, there was an appeal against the injunction.

According to him, the agents

A businessman, Adedayo Shittu, has accused the Asset Management Corporation of Nigeria (AMCON) of sealing up and damaging his home in Victory Park Estate, Lekki, Lagos, in contravention of a court order.

Shittu said there was a subsisting interlocutory order of Injunction of the High Court of Lagos, restraining AMCON from the property.

Shittu said he had through his counsel, Mayowa Owolabi of Pistis Partners LLP, approached the court, seeking for an order restraining Mr. Lanre Olaoluwa, who is the Receiver/ Manager of AMCON, from preventing him from gaining access to his home in Victory Park Estate, Lekki, Lagos.

Shittu and his firm, More & S.A More Ltd, are 1st and 2nd Claimants, while Knight Rook Ltd, Lanre Olaoluwa and AMCON are 1st to 3rd Defendants, respectively.

Shittu had bought and developed the property where he lived with his family, before Mr. Lanre Olaoluwa forcefully ejected him and his family from their home, based on a judgement against persons who sold the property to Mr. Shittu Justice Kudirat Jose granted CONTINUED ON PAGE 11

N768m Debt: Court Grants UBA Leave to Take Over Borini Prono & Co. Akinwale Akintunde Justice Chukwujekwu Aneke of the Federal High Court sitting in Lagos, has granted leave to a Receiver/Manager, Mr. Olamide Owolegbon, who was appointed by United Bank for Africa (UBA) Plc to take over all fixed and floating assets of a limited liability company, Borini Prono & Co., wherever found and whatsoever jurisdiction of the court and in Nigeria, particularly but not limited to, all the assets of the company within its registered office, 11 Burma Road, Apapa, Lagos.

Owolegbon was appointed as the Receiver/ Manager, following Borini Prono’s inability to pay a debt of N768,640,124.10.

In an affidavit sworn to by the Bank’s head of loan recovery, Mr. Adeyemi Wey, filed and argued before the court by a Lagos Lawyer, Mr. Temilolu Adamolekun, UBA granted several loan facilities to Borini Prono, to augment its working capital.

As security for the various loan facilities, the company executed these documents; A duly registered Deed of all Assets Debenture dated 6th of May, 2014 and Domicilliation letters in respect of contract payments, some of which the Bank issued Advance Payment Guarantee for.

However, the Company has failed to perform its obligations to the Bank, and has failed to liquidate the facilities which have continued to accrue inter-

est, and as at 31st May, 2019, the Company’s indebtedness to the Bank, stood at N768,640,124.10.

Consequently, pursuant to Clause 9 of the Deed of all Assets Debenture, the Bank appointed Mr. Olamide Owolegbon as Receiver/Manager over all assets of the Company, charged in favour of the Bank.

The Company and its Directors will likely obstruct, hinder and interfere with the powers vested in the Receiver/Manager as contained in the Deed of all Assets Debenture, therefore, unless the Company and its Directors are restrained, they would strip the company's charged assets and dispose same; thus, leaving the Bank without any means of recouping or realising the indebtedness of the Company.

For this reason, Adamolekun urged the court, to issue an order granting leave to the Receiver/ Manager to take over the assets of the Company, and an order directing the Assistant Inspector General of Police, Zone 2, Lagos State, the Commissioner Police Lagos, to assigning seven Policemen to protect Owolegbon and his labourers to assist the Bailiffs of the court, in the course of the Receiver taking possession and carrying out his duties as Receiver of the property of the company.

Justice Aneke, after hearing the submission of Adamolekun, acceded to his request and adjourned till November 25, 2019, for the hearing of the motion on notice.

6/

19.11.2019

‘Africa is Stepping on a Land Mine, if it fails to Prioritise the Engagement of its Young Population’ Akinwale Akintunde Africa, a continent with over 400 million youth population, according to UNICEF, is stepping on a land mine, if does not prioritise the engagement of the young people.

These were the views of some legal practitioners and other speakers, at a one-day consultative dialogue workshop on fostering the New Approaches to address the Challenges of the African Youth.

The workshop, which held last week at the Genesis Sojourner, GRA Ikeja, Lagos, was organised by the Baywood Foundation, a youthoriented organisation founded and funded by, Emperor Baywood Ibe. According to the organisers, the workshop was held in recognition of the need to institutionalise the intern, retain initiative and promote the actualisation of Agenda 2063 of the African Union.

Speakers at the event with the theme: ‘1 Million by 2021, Beyond the Rhetoric’, were drawn from both within public and private sectors.

One of the Guest Speakers, Dubem Okadigbo Moghalu, who is a Lawyer and Special Assistant

to Rt. Hon. Speaker of the House of Representatives, in his remarks said that, Africa, and Nigeria in particular, have significant youth bulge, millions of young people at the prime of their lives, seeking to find their place in a rapidly changing world, to contribute to the development of their communities and societies, and to live honourable lives of quiet achievement.

Moghalu noted that, too often, the unfortunate reality is that, the aspirations of the youths are destined to remain just that; perfect visions of an unattainable future.

“This failure to launch, to achieve and to contribute, is not always due to an absence of dedication or ambition, but a consequence of the fact that we have not succeeded in building a national economy that is sufficiently robust, to provide jobs and opportunities for our young people. We operate at present, a political system that whether by design or happenstance, makes it nearly impossible for young people to contribute to the policy conversations that will determine the present, and define our future.

“Through all of this, activists, policy makers, politicians and the general society, have unfortu-

nately, fallen into the insidious trap of discussing matters of youth, as if the Nigerian youth are merely a subset, another interest group whose aspirations and interests may be fully served by small concessions every so often.

“It is this misunderstanding of the scope of the challenges we face, that allows us to focus our energies on addressing the small questions rather than confronting the full, depressing enormity of the challenges we face and must address.”, he added.

Earlier, Baywood Foundation Country Director, Mr. Ojielo Chukwudi, also a legal practitioner, expressed concerns about the archaic nature of education the young Nigerians get now, adding that the current system of education in Nigeria does not prepare the young for employability.

Chukwudi noted that theories are not matched with practicals in the school system, and thus, the young people come out without any employability skills.

In his remarks, Baywood Foundation founder, Chris Baywood Ibe, said the Foundation has set up an internship scheme, with a capacity to absorb over 200,000 African youths.

SON Arraigns Alleged Importer of 13 Containers of Substandard Cables Peter Taiwo A businessman, Ifeanyi Okoli, who allegedly imported 120,000 brands of substandard electric cables in 13 containers, has been arraigned before a Federal High Court sitting in Lagos.

Standards Organisation of Nigeria (SON) arraigned Okoli alongside his company, Natures Breeze Ltd., last week, before Justice Nicholas Oweibo on a three-count charge of Conspiracy and Importation of substandard goods.

SON alleged that, Okoli, 34, of No 5, Igbeyin Adun Street, Shibiri, Lagos, and Natures Breeze of the same address, committed the offence on or about October 31, 2019, and at the latter's warehouse.

Prosecution counsel, Babatunde Alajogun said both Defendants conspired to import "about

120,000 different brands of substandard electric cables in 13 containers, which did not comply with the Standards Organisation of Nigeria Mandatory Industrial Standard before importation".

The offences, Alajogun added, contravene Section 516 of the Criminal Code Act, 2004.

Count One of the three-count charge reads: “That you Ifeanyi Okoli, 34 years, of No. 5, Igbeyin Adun Street, Shibiri, and Nature’s Breeze of No 5, Igbeyin Adun Street, Shibiri, on or about 31st day of October, 2019, while at a warehouse at No 5, Igbeyin Adun Street, Shibiri, did conspire to 'commit a felony to wit: imported about 120,000 different brands of substandard electric cables in 13 containers, which did not comply with the Standards Organisation of Nigeria Mandatory Industrial Standard before importation, and thereby committed an offence

contrary to Sections 516, 26(2)(b)(iii) and (3)(a) of the Criminal Code Act CAP C39 Laws of the Federation of Nigeria 2004, and punishable under the same Section”.

Okoli pleaded, not guilty.

He prayed the court to grant him a short adjournment, so that he can bring his bail application. He also prayed the court, to remand him in Police custody, pending a date to hear his bail application.

Alajogun did not oppose his application.

Justice Oweibo granted the Defendant’s prayer, and directed him to bring his bail application before February 27.

The Judge remanded in him Police custody and adjourned suit marked FHC/L/388/2019 till February 28, for the hearing of the bail application.

Ibe said the foundation would flag off the pilot phase in 2020, and that it will provide the seed capital to finance the project's take-off.

According to Ibe, who was represented by his wife, Patricia at the event, the scheme will, among others, provide innovative approaches towards addressing the challenges of young people.

He said Baywood Foundation is collaborating with the AU to provide an avenue for effective youth participation in governance, institutional transformation, peace building and conflict resolution, and effective stakeholder outreach within the continent.

"Baywood Foundation, in support of African Union’s 1 million by 2021 initiative, which is set out to create direct opportunities for the development of the African Youth, has proposed a continental lauch of a youth intern and retain programme.

"This pan-African initiative, which will seek greater opportunities for youth participation in governance and peace building on a continental level, was announced at a recent convening with the African Union in Addis Ababa.

"It is a multi-dimensional initiative, that will not only create inclusive opportunities for youths, but also develop their intrinsic capabilities for future leadership roles", he added.

Other guest speakers at the event, including Nita George and Isaac Jude Dahilo, among others, noted that, Nigeria as a country, does not take the young people as a class, but only a subject of another class, adding that it is unfortunate that for over five years, the National Youth Policy has been going through amendments, without anything concrete.

The guest speakers however, recommended that the private sector should take the initiative to meet with Government representatives, towards salvaging the situation.

They suggested that the youth must learn to demand accountability from the Government, adding that, the young people are too quiet and timid in engaging with the Government.

Panellists at the occasion included the CEO of Sources Resources Logistics and Consultants, Prof Chiso Ndukwe-Okafor, PIND Foundation, represented by Eze Ralph Esq, Director of Training at Institute of Family System Engineering and Development, Olubunmi Shonde.

Other participants included not-for-profit organisations, students of tertiary institutions, primary and secondary school pupils, among others.

Legal Personality of the Week Sylvester Chukwunekwu Udemezue

‘Success depends on Focus, Humility, Determination and Hard work’ Please, give a brief introduction of yourself My name is Sylvester Chukwunekwu Udemezue, Legal Practitioner and Lecturer.

I was admitted into the Nigerian Bar, in July 2003. I immediately joined the Law Firm of Eze, Dimude, Eze & Co of 22, Edinburgh Road, Ogui New Layout, Enugu, where I was a legal Officer until my call-up in September 2003, for the NYSC Programme. I was posted to Akin Oladimeji & Co, Legal Practitioners of 10, Fagbewesa Street, Osogbo, Osun State for my NYSC primary assignment. I successfully completed my NYSC Program in September, 2004 and was among the Best Corps Members of the Year, 2003 Batch B, which earned me the Osun State Honours Award, given to me by the then Governor, Olagunsoye Oyinlola, for my outstanding performance and service to Osun State, during the 2003 Batch B service year.

I later moved to Ibadan, Oyo State, and joined Onyemaechi Adigo & Co, Legal Practitioners, of 26, Oyo Road, Ibadan, Oyo State, after which I opened my own Law Firm, Udems Udemezue et al at 9, Alawode Avenue, off Veterinary Bus Stop, Mokola, Ibadan. I practiced there for some time, before being called by the Principal Partner of Bode Ayorinde & Co, to oversee the Law Firm as its Managing Partner. I remained with Bode Ayorinde & Co until October, 2007 when I got appointed into the Nigerian Law School as a Lecturer. I have remained with the Nigerian Law school, ever since. I am happily married to Ukamaka Blessing Udemezue and we are blessed with six children.

Have you had any challenges in your career as a Lawyer, and if so, what were the main challenges?

Space is lacking for me to enumerate the

What has been your most memorable experience as a Lawyer, so far?

All my experiences so far, are memorable, just like I tell people that every day is a happy, blessed, birthday for anyone who is hale and hearty. I must say without mincing words that, my journey into the legal profession and my life as a legal practitioner, as well as a law teacher, have been full of crowded, memorable activities and active, interesting memories. A story for another day.

Sylvester Chukwunekwu Udemezue

challenges I have encountered in my journey; they are legion. Life has taught me that challenges are an inescapable and necessary part of life.

Roger Clawford said, “being challenged in life is inevitable, being defeated is optional.” Hence, if one has a positive attitude and constantly strives to give one`s best effort, one will overcome each of one`s immediate challenges, and get ready for greater challenges. Challenges strengthen the mind as labour does the body.

What was your worst day as a Lawyer ?

A difficult question to answer, because what makes a good or bad Lawyer, is not whether he has a bad or good day in court, but to what extent he has learned from, and built on his experiences. One must keep one’s mind on the objective, not on the obstacle.

Who has been most influential in your life?

Everyone I have come into contact with, has had one influence or another in my life. My life is comprised in so many pieces of experiences and inspiration, drawn from and through every moment and person I have ever come across.

Professor Charles Anumudu however, stands out as the most singular piece of inspiration in my earliest, incubation stages. His love for, and undying determination to acquire an education, was a major factor in my decision to proceed and get fully educated. No space here, to tell this inspiring story.

Why did you become a Lawyer?

I became a Lawyer, to serve humanity. While in the secondary school, I had been in the sciences, aiming to go for an Engineering course, precisely Marine Engineering. However, upon a sudden, impulsive, I would add, divine, realisation that I was best-fitted for the legal profession, I changed my mind and settled for law.

What would be your advice to anyone wanting a career in law?

Law study, is not just business as usual. The system of law study appears challenging, but it is

designed to ensure that only serious minded people are enrolled into the legal profession, which itself is tasking. Success depends much more on hard work and determination, than on mere possession of talent; I tell my students, borrowing from one philosopher, that in the legal profession, “hard work would beat talent, if talent does not work hard.” The good news, however, is that, with focus, humility, determination and hard work, succeeding in the system and the profession, is just as easy as reciting ABCD, provided one has the right frame of mind and a positive attitude!

Besides, a good Lawyer must eschew pendanticalness, vainglory and ostentatiousness, and embrace humility, honesty, professionalism, and integrity, which are the hallmarks of a great Lawyer.

Like life itself, law study has no limitations, except those limitations one decides to set for oneself. As I already explained above, I must add that integrity, is also a major asset.

If you had not become a Lawyer, what other career would you have chosen?

If I had not become a Lawyer, I have already explained, above, where I would have landed.

Where do you see yourself in ten years?

My life is a super-story sort of, too long to tell here, but it has taught me a lot. As they say in my village, the future is pregnant. No one knows, what the child will be. I am not God, and as such, I am not in any position to predict where I will be in the next ten years; after all, did I know, ten years ago, that I would be where I am today?

My business is to keep my fingers crossed, while working hard with patience and determination, for a better and greater tomorrow.

My Motto is “Hustle, Loyalty & Respect, Remain Focused.” So, help me God! Amen!

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TALKING CONSTITUTIONAL DEMOCRACY DR. MIKE OZEKHOME, SAN

SMS only to 08098898888

Hate Speech Bill: The Final Padlock on Nigerians’ Lips (Part 1)

A Introduction

Bill against hate speech, was said to have passed the first reading on Tuesday, 12th November, 2019. Part of the bizarre provisions in the said Bill, contain the prescription of the death penalty for makers of hate speech. What is hate speech, by the way, and who defines it? What is the true test of determining it? Is the test that of a government in power? Or, that of the traumatised people? Or, that of the NASS? Or, that of the courts? Or, that of the Executive? Just who? Because, I did not then have the details of this unusual Bill that had allegedly passed the first reading, seeking the death penalty (by hanging) on alleged hate speech, I had prayed that this provision was not true. I had prayed it was a mere moonlight tale, the type described as a “tale told by an idiot, full of sound and fury, signifying nothing” (Macbeth, upon hearing about the death if his wife, in William Shakespeare's epic, by the same title, Act 5, Scene 5, Lines 16-27).

The First Aborted Journey of the Bill Alas, the story about the Bill was true. I could not believe it.

The Bill, sponsored by the former Senate spokesperson, who is now the Deputy Senate Whip, Sabi Abdullahi, had suffered a setback for some unknown reasons. But, in a new development, the Bill was on Tuesday, November 12, read for the first time at the Senate.

The Bill which was first introduced in the 8th Senate, had prescribed death by hanging, among others, for anyone found guilty of hate speech.

The Bill had also sought the establishment of an ‘Independent National Commission for Hate Speeches’, which shall enforce hate speech laws across the country, ensure the elimination of the menace, and advice the Federal Government. Lai Mohammed had said, the insanity that happens in the social media space has got out of hand, and needed control.

This Bill, is said to have been partly activated by an earlier statement by the Minister of Information and Culture, Alhaji Lai Mohammed, that the online media space in Nigeria will soon be regulated.

“I don’t think that government regulation is necessarily the way to go, but I believe that, we, as persons of faith, and we, as leaders, and those of us who use the social media actively, owe a responsibility to our society and to everyone else, to ensure that we don’t allow it to become an instrument of conflict and instrument of war," the Minister was quoted to have said. On 17th August, 2017, Vice President, Yemi Osinbajo, had declared hate speech to be an act of terrorism. At the National Economic Council Meeting, the Vice President enjoined all leaders to always condemn hate speech, since their silence could be seen as an endorsement.

Acting President says Hate Speech is Terrorism The then Acting President had said, “The Federal Government has today drawn the line on hate speech. Hate speech is a specie of terrorism. Terrorism as it is defined popularly, is the unlawful use of violence or intimidation

“IN NIGERIA, YOU ONLY NEED TO PUNCH A BUTTON ON YOUR INTERNET, TO SEE THE ADRENALIN OF HATRED AND SPITE DRIPPING BETWEEN THE ETHNIC GROUPS, ESPECIALLY THE MAJOR ONES”

President Muhammadu Buhari

Semate President, Ahmed Lawan

against individuals or groups, especially for political ends.

“The law, that is, the Terrorism (Prevention) Act 2011 (as amended), defines terrorism as inter alia, an act which deliberately done with malice which may seriously harm or damage a country or seriously intimidate a population.

“The intimidation of a population by words, by speech, is an act of terrorism and this government intends to take this matter very seriously.

“As I have said, we've drawn a line against hate speech, it will not be tolerated, it will be taken as an act of terrorism, and all of the consequences will follow it.

“I call on all business, religious and political leaders, whatever your political leaning, your religion or tribe or faith, to condemn in the strongest possible terms at all times, hate speech.

“Speech that promotes violence against an individual or group, especially when such comes from people of your own faith, tribe or group, your silence in such situations, can only be seen as an endorsement.

“Hate speech, and the promotion of the same throughout history, from Nazi Germany and the extermination of Jews, to the Rwandan genocide, succeeded in achieving their barbarous ends by the silence of influential, voices from the aggressor communities.

“When leaders in communities that speak in such a manner as to create dissension or to intimidate a population are quiet, they do a great disservice to our unity and nation.

“This is why I urge all of our political leaders, religious leaders, business leaders, and all of those who truly want a united country and a country where there will be peace and security, to ensure that we do not tolerate by our silence, the hate speech that we hear every day in our community”.

The 2018 Pittsburgh Synagogue shooter, was a participant in the social media network Gab, whose lax rules have attracted extremists banned by larger platforms. There, he espoused the conspiracy that Jews sought to bring immigrants into the United States, and render whites a minority, before killing eleven worshippers at a refugee-themed Shabbat service. This “great replacement” trope, which was heard at the white supremacist rally in Charlottesville, Virginia, a year prior and originates with the French far right, expresses demographic anxieties about non-white immigration and birth rates.

The great replacement trope was, in turn, espoused by the perpetrator of the 2019 New Zealand mosque shootings, who killed forty-nine Muslims at prayer, and sought to broadcast the attack on YouTube.

In Myanmar, military leaders and Buddhist nationalists used social media to slur and demonise the Rohingya Muslim minority, ahead of and during a campaign of ethnic cleansing.

Though Rohingya comprised perhaps, 2% of the population, ethnonationalists claimed that, Rohingya would soon supplant the Buddhist majority. The UN fact-finding mission said, “Facebook has been a useful instrument, for those seeking to spread hate, in a context where, for most users, Facebook is the Internet”.

In India, lynch mobs and other types of communal violence, in many cases originating with rumours on Whatsapp Groups, have been on the rise since the Hindu-nationalist Bharatiya Janata Party (BJP) came to power in 2014.

Sri Lanka has, similarly, seen vigilantism inspired by rumours spread online, targeting the Tamil Muslim minority. During a spate of violence in March 2018, the government blocked access to Facebook and Whatsapp, as well as the messaging application, Viber, for a week, saying that Facebook had not been sufficiently responsive during the emergency.

There are, therefore, many reasons, aside from the above, to seriously deprecate hate speech. But, is death the answer? I think not.

Evils of Hate Speech Mr. Zachary Laub, heading other experts, notes that social media posts, and other online speech, can inspire acts of violence. He gave some examples as follows: In Germany, a correlation was found between anti-refugee Facebook posts by the far-right Alternative for Germany party, and attacks on refugees. Scholars, Karsten Muller and Carlo Schwarz, observed that upticks in attacks, such as arson and assault, followed spikes in hatemongering posts.

In the United States, perpetrators of recent white supremacist attacks have circulated among racist communities online, and also embraced social media to publicise their acts. Prosecutors said the Charleston church shooter, who killed nine black clergy and worshippers in June 2015, engaged in a “self-learning process” online, that led him to believe that the goal of white supremacy required violent action.

Nigeria is Suffused with Hate Speech In Nigeria, you only need to punch a button on your internet, to see the adrenalin of hatred and spite dripping between the ethnic groups, especially the major ones. Mention Boko Haram and its self-declared sponsors and promoters, and you will see a team of self-appointed leaders of the North take up arms with equally self-appointed Southern leaders, who believe it is their God-given right to defend the geo-political zones. The three years bloody civil war in Nigeria that ended in January, 1970, in the massacre of over two million Igbos is a no go area for the Ndigbo race, who believe the war was nothing short of genocide, targeted at annihilating this hard working and gregarious race.

They hold the Yorubas mostly responsible for this, because according to their defenders, Chief Obafemi Awolowo, a Yoruba, who was then

Commissioner for Finance (Minister) and Deputy Head of the then military Cabinet, had banned “okporoko” (stock- fish, a delicacy of the Igbos) and declared that starvation was “a weapon of war”. The Igbos believe they were short-changed by being made to abandon their property, especially in Northern Nigeria, and given a miserly £1 each as their resources. Indeed, the Igbos failed to see how General Yakabu Gowon’s proclamation of the three RS (Reconstruction, Reconciliation and Rehabilitation) at the end of the civil war, had helped them. So, the Igbos forever square up with the Yoruba race, on this and other issues.

On the issue of resource control and fiscal or true federalism, as operated in Nigeria before 15th January, 1966, when the military struck, the North would not want to hear anything about it. As far as they are concerned, all the oil in Nigeria belongs to all Nigerians, irrespective of its location within the littoral States. I am, however, yet to hear them argue, with the same vehemence, that all the solid mineral deposits such as gold, bauxite, copper, tin, sapphire, bentonite, kaolin, magnesium, lead, zinc, iron ore, gem stones and other minerals located in the North, belong to all Nigerians; even though they are mostly located in the North. Even within States, a social media war rages between the major and minor ethnic groups.

Hate and profiling speeches ricocheted across Nigeria in October, 2017, when some Northern youths groups issued what they called the “Kaduna Declaration”. Calling the Igbos unprintable names and using unbespoken expletives, they gave the Igbos three months notice to quit from the North.

They anchored this on an earlier pro-Igbo and anti-North pronouncement uttered by Nnamdi Kanu, leader of the Indigenous people of Biafra (IPOB). The Igbos responded with a counter quit notice to the Northerners in Igbo land. The country was on tenterhooks, with fears of mutually destructive Rwanda-like genocidal warfare. Thank God, the notices were mutually withdrawn, and the tension doused. God always appears to be a Nigerian, at critical moments.

What is Hate Speech?

It is therefore, time to ask what really hate speech is. Is there no difference between hate speech, and offensive or hurtful speech? Do insultive, abusive, vitriolic speeches and expletives, amount to hate speech? How do we have a balancing act in a multi-lingual, multi-ethnic, multi-religious, multicultural country like Nigeria that seems permanently to be at war with itself, with constant threats of schisms and implosion?

Hate speech is defined as a statement intended to demean and brutalise another, or the use of cruel and derogatory language on the basis of real or alleged membership of a social group.

Hate speech is speech that attacks a person or a group on the basis of protected attributes such as race, religion, ethnic origin, national origin, sex, disability, sexual orientation, or gender identity.

The laws of some countries describe hate speech as speech, gestures, conduct, writing, or displays that incite violence or prejudicial actions against a group or individuals, on the basis of their membership in the group, or which disparage or intimidate a group or individuals on the basis of their membership in the group. The law may identify a particular group, based on certain characteristics. In some countries, including the United States, hate speech is constitutionally protected, while in some countries, a victim of hate speech may seek redress under civil law, criminal law, or both.

For example, any website that contains hate speech (online hate speech), may be called a hate site. Such sites contain Internet fora and news briefs that emphasise a particular extreme viewpoint. (To be continued).

THOUGHT FOR THE WEEK “Hate speech can't be a part of free speech.”

(Arun Jaitley).

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Gagging Nigerians through the Obnoxious Hate Speech Bill Again, Nigerians are being affronted and confronted, with a law that will not only deprive them of their constitutionally guaranteed freedom of thought, opinion and expression, but, also, their lives. For the second time, the National Assembly is deliberating on a Bill which will outlaw what it terms ‘Hate Speech’; and this time around, if the National Commission for the Prohibition of Hate Speech Bill 2019 is passed into law, it will carry the penalty of death by hanging. For what many thought was a joke, the Bill has already passed the first reading in the Senate, but, the Nigerian Human Rights Community, is already up in protest against what they call, a draconian law. Michael Dedon, Femi Falana, SAN, Dele Adesina, SAN, Emeka Ngige, SAN, Emmanuel Onwubiko and SylvesterUdemezue, unanimously condemn the Bill in its totality, and advice the Legislature to jettison a Bill which will undoubtedly trample on the rights of Nigerians, if passed into law

A Primitive Piece of Legislation Femi Falana, SAN

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ith profound respect to the Senate, I am convinced beyond any shadow of doubt, that members have not familiarised themselves with the relevant provisions of the Penal Code, the Criminal Code, and the Cyber Crimes Act on Hate Speech. The Cyber Crimes Act 2015, particularly Sections 24 and 26, have very draconian provisions. Already, the Buhari administration is using the provisions of the law, to deal with Journalists.

Instead of dragging Nigeria through the mud, and exposing Nigeria to international odium by prescribing the death penalty for alleged hate speech, our Legislators should be advised, to stop further debate on this primitive piece of legislation.

If it is passed through any error or omission, we are going to challenge it. Such a law cannot stand, in the light of Section 39 of the Constitution, and Article 9 of the African Charter. Similar laws have been declared illegal by the ECOWAS Court of Justice, and the African Court on Human Rights. In other words, if the law is passed, we are going to challenge it in the municipal court, or outside the country. But, we are not going to allow the Senate, to abrogate the rights that we have fought for and won.

Femi Falana, SAN

Law of Defamation is more than Enough Dele Adesina, SAN Senate President, Ahmed Lawan

President Muhammadu Buhari

Former Senate President, Dr. Bukola Saraki

Hate Speech and the Right to Freedom of Speech and Expression Michael Oboyovwi Dedon

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he Nigeria Senate recently reintroduced a Bill, which seeks to penalise persons found guilty of “hate speech”. The Bill titled “National Commission for the Prohibition of Hate Speech”, was sponsored by the Deputy Chief Whip of the Senate, Aliyu Abdullahi. The Bill prescribes the death penalty, for anyone found guilty of spreading a “falsehood” that leads to the death of another person.

The Bill also seeks the establishment of a National Commission for the Prohibition of Hate Speech, to help investigate and prosecute offenders.

The Bill The Bill proposes that any person who uses, publishes, presents, produces, plays, provides, distributes and/or directs the performance of any material, written and or visual which is threatening, abusive or insulting, or involves the use of threatening, abusive or insulting words or behaviour, commits an offence, if such person intends thereby to stir up ethnic hatred, or having regard to all the circumstances, ethnic hatred is likely to be stirred up against any person or person from such an ethnic group in Nigeria. According to the Bill, any person who commits this offence shall be liable to life imprisonment, and where the act causes any loss of life, the person shall be punished with death by hanging.

Expectedly, some civic groups have kicked against the Bill, because of its narrow and unclear definition of what constitutes “Hate Speech”. They say the provisions of the Bill would be contrary to the Nigerian Constitution, if the Bill becomes law as designed. They argue that, the Constitution protects the rights to unhindered speech, expression and

association.

Jurisprudence on Free Speech and Constitutional Morality Undoubtedly, freedom of speech is a right guaranteed under Chapter IV Section 39(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). However, the long history of the battle between national security and freedom of speech, is one that has been ongoing from generation to generation. Of course, free speech is not absolute, as it can be curtailed in the interest of national security, but this must be justifiable in a democratic setting. Inevitably, the question that then follows, is whether or not this Bill is justifiable in the circumstances.

In every society, a conflict between the State and the individual’s opinion, is bound to exist. Punishing or curtailing an individual for exercising the freedom to free speech, contradicts the abstract theory of the promotion of a right to free speech and expression.

Free speech, allows the conveyance of an individual’s ideas and opinions. However, in some instances, individuals, through their speech and expression, disrupt the law or provoke and incite violence. The duty of the State is to strike a balance, in order to maintain law and order. The bulwark of an effective democracy is undaunted, fearless and independent thought and speech. A gag in any form, on the diverse opinions and thoughts of people, will invariably lead to stifling of a vibrant democracy. The tricky part is - where the freedom ends, and a curb gets justified.

On critically examining the Bill, it becomes obvious that, it is a very subjective piece of legislation, highly dependent on the disposition of the interpreter. We are presented with a situation where, hyper-sensitive officials may come tomorrow who will see “hate speech” in every criticism, and crime in every utterance or write-up. Every dissent may be termed “hate speech”, and offenders jailed for life, and in extreme situations, hanged.

It is the writer’s opinion that, the “over-breadth test” should be applied to this piece of legislation, to gauge its constitutionality with regard to freedom of expression. If a provision of law is excessively ambiguous, very subjective pertaining its applicability,

and its breadth, very expansive, this could lead to obscurity in its practice, and its over-breadth could serve to its detriment. Applying this test to the Bill on hate speech, the exact interpretation of the word “Hate Speech”, is uncertain and indeterminable. Given the haziness in the practical applicability of this Bill, it should be rendered unconstitutional. The Bill serves as a disincentive on the freedom of speech endowed to citizens, under Chapter IV Section 39(1) of the Constitution.

For the Bill to be applicable, it must establish a reasonable nexus between a speech and its role as an instrument to the causation of public disorder. There must be a clear and present danger. Regardless of the degree of derogation and insult, a certain degree of proximity needed to exist between the utterance and the potentiality of public disorder. In

“.....IT IS A VERY SUBJECTIVE PIECE OF LEGISLATION, HIGHLY DEPENDENT ON THE DISPOSITION OF THE INTERPRETER. WE ARE PRESENTED WITH A SITUATION WHERE, HYPERSENSITIVE OFFICIALS MAY COME TOMORROW WHO WILL SEE “HATE SPEECH” IN EVERY CRITICISM, AND CRIME IN EVERY UTTERANCE OR WRITE-UP....THE PROCEDURAL ANALYSIS OF THE PUNISHMENT PRESCRIBED, PROVES THIS BILL TO BE MISCHIEVOUS, AND AN ATTEMPT AT GAGING FREE SPEECH......A DRACONIAN PIECE OF LEGISLATION, MEANT TO COW THE OPPOSITION”

Schenck v United States, 1919 SCC Online US SC 62, the US Supreme Court elucidated the required proximity between the utterance of speech and incitement of violence. It lays the possibility of danger or the intent to bring it about, must be imminent or immediate. This case, established the “bad tendency test”. Brandenburg v Ohio, 1969 SCC Online US SC 144 laid the “clear and present” danger test, whereby the State was prohibited by the US Constitution from repressing speech and its advocacy, barring the possibility of it causing an immediate harm to law by an illicit act or if it aimed at causing such an action. In the US, under the 1st amendment, free speech is promoted, as opposed to necessitating silence to remedy bad or injurious speech. Thus, in the US, even though some sedition laws have been retained, the courts are dispensing extensive protection to the right of free speech, and same is advocated for, in Nigeria.

Also, the procedural analysis of the punishment prescribed, proves this Bill to be mischievous and an attempt at gaging free speech, and moving against perceived political opponents. It is a draconian piece of legislation, meant to cow the opposition.

Conclusion Thus, articulation of the “National Commission for the Prohibition of Hate Speech” Bill, appears to subdue and extinguish any forms of dissent present in Nigeria, under this democratic dispensation. Such a tendency, contradicts the inherent ingredients which characterise a democracy. The existence of such provision in a country aiming to progress, appears obsolete and an over-kill. The punishment associated with it, renders the provision draconian. The continuance of such a provision, induces a chilling effect on the freedom of speech and expression, which is a supposed fundamental right provided under Chapter IV Section 39(1) of the Constitution.

It is hoped that, this Bill will never make it past its first reading and become law.

Michael Oboyovwi Dedon

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have difficulty in knowing what hate speech is. If I say, for example, that you do not really appreciate or you do not know the demands of the job you are doing, that is a hate speech because, you want to be commended for what you are doing. But, what injury has that occasioned to you, or to the society?

Apart from the difficulty in knowing what hate speech is, I believe that the law of defamation in our books, is more than enough

to cater for this situation, and you can sue anybody over and over again, if there is an infraction of your right. You have the law of defamation, to fall back on, and you can claim damages for whatever injury has been done to your reputation.

So, that gives me the problem, to know whether we need a new law that will have the kind of heavy punishment that we are proposing, particularly in a constitutional democracy, because if that law eventually passes through, there will be a duty on the part of the court, to determine the limit and the scope of that law, in view of the provisions of the Constitution.

Dele Adesina, SAN

Hate Speech Bill is ill-Advised Emeka Ngige, SAN

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he Bill at the National Assembly, I know that it is ill-advised, and I believe that this Bill will not reach the stage of passage.

When there is a public hearing, members of the public, NGOs, will come and make their contributions, which I believe the Senators and members of the House of Representatives, will remove the wheat from the chaff.

But, I must also tell you that, there is no law that doesn’t have responsibility or a limit.

Social media in Nigeria, if we leave it as it is, uncontrolled, can lead to the next civil war!

Because, a lot of fake news that has caused a lot of confusion and dispute, is on the rise. So, there must be restriction. But, the restriction is not by jailing people or imposing fines.

There are ways that that freedom can be put,

“INSTEAD OF DRAGGING NIGERIA THROUGH THE MUD, AND EXPOSING NIGERIA TO INTERNATIONAL ODIUM BY PRESCRIBING THE DEATH PENALTY FOR ALLEGED HATE SPEECH, OUR LEGISLATORS SHOULD BE ADVISED, TO STOP FURTHER DEBATE ON THIS PRIMITIVE PIECE OF LEGISLATION” in a way that it will not be abused. But, as it is, the law needs some panel beating.

Emeka Ngige, SAN

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Unconstitutionality of National Assembly's Bill Against Free Speech Emmanuel Onwubiko

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reedom of expression, is one of the fundamental rights provided in the Constitution of the Federal Republic of Nigeria 1999 (as amended)(CFRN). By virtue of same and other international instruments, it is the freedom to hold opinions, receive ideas and information and impart ideas and information without interference.

Social media is used in reference to the means of expression, other than the main stream media.

Freedom of Expression in Nigeria Section 39 of the CFRN entrenches the right to freedom of expression in the following words: “(1) Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.

(2) Without prejudice to the generality of subsection 1 of this section, every person shall be entitled to own, establish and operate any medium for the dissemination of information ideas and opinions: Provided that no person, other than the Government of the Federation or of a State or any other person or body authorised by the President on the fulfilment of conditions laid down by an Act of the National Assembly, shall own, establish or operate a television or wireless broadcasting a station for the any purpose whatsoever.

Similar provisions are found in Article 9 of the African Charter on Human and Peoples Rights, Article 19 of the Universal Declaration of Human Rights 1948, Article 19 of the International Covenant on Civil and Political Rights.

It does not appear a mere coincidence that, Section 39 of the CFRN which provides for freedom of expression, comes immediately after Section 38 which provides for right to freedom of thought, conscience and religion. Next to thought, is expression. The basis for this right therefore, cannot be over-emphasised in a democratic society. It is one of the essential foundations of a democratic society, and the basic condition for its progress and development as held the European Court on Human Rights in Handyside v United Kingdom [1976] ECHR 5.

The Director of Amnesty International in Nigeria, Osai Ojigho, underscored this fact in the following words: “I think the debate that is ongoing now in society, is good for people to talk and have a debate. It is good for people to engage with others, and to hear their opinions and the ideas that drive those opinions. Whatever terms or words used should not be a cause for alarm, but, rather, to draw attention to the issues at hand. We know that, in some cases, some people try to stimulate interests. We, even in the media, sensational headlines because they want to draw attention to an issue, and it’s important that people interrogate the issues. Fixation on a word or phrase would lead us nowhere, and it does not address the foundation or the root causes of the problem, which the people are trying to raise in present –day Nigeria. That should be the focus – that should be the most important thing. I think because people are kind of tired, people are fed up, they want to see improvements in their lives, in their communities, you find that everyone is looking for one way or the other to be heard. For me, the best reaction would have been what exactly is happening; what exactly do we need, to show that there is light at the end of the tunnel? And we can bring people who are dissatisfied with the current state of affairs to the table, so that we can engage and discuss. I think that is needed a lot more now, to engage, discuss and deliberate, to hear the people’s concerns and problems. Trying to stifle free speech is not going to get that necessary discussion that we need to have among people who have different views, on the current state of affairs in the country.” (Culled from Punch Newspapers,

September 8, 2019).

Restriction of Freedom of Speech The Supreme Court per Ayoola JSC, in the case of Medical and Dental Practitioners Disciplinary Tribunal v Okonkwo (2001) 85 LRCN 908 declared that the courts are the institution society has agreed to invest, with the responsibility of balancing conflicting interests in a way as to ensure the fullness of liberty, without destroying the existence and stability of society itself. Therein lies the wisdom and need for qualification of all rights, including this one most essential right.

The primary restrictions on the right to freedom of speech are provided in Sections 39 (3) and 45(1) of the CFRN. Section 39(3) provides thus: “Nothing in this section shall invalidate any law that is reasonably justifiable in a democratic society – (a) for the purpose of preventing the disclosure of information received in confidence, maintaining the authority and independence of courts or regulating telephony, wireless broadcasting, television or the exhibition of cinematograph films; or (b) imposing restrictions upon personal holding office under the Government of the Federation or a State, members of the armed forces of the Federation or members of the Nigeria Police Force or other Government security services or agencies established by law”.

Section 45(1), CFRN reinforces the foregoing by stating that: “Nothing in Sections 37, 38, 39, 40 and 41 of this Constitution shall invalidate any law that is reasonably justifiable in a democratic society – (a) In the interest of defence, public safety, public order, public morality or public health; or (b) For the purpose of protecting the rights and freedom of the other persons.”

In the case of Gozie Okeke v The State (2003) 15 NWLR (Pt.842) 25, the Supreme Court held that, the word “reasonable” in its ordinary meaning means moderate, tolerable and not excessive. In this regard, there are extant laws in Nigeria which seek to prevent abuse of free speech.

Section 24(1) of the Cybercrime (Prohibition, Prevention, etc) Act 2015 makes it a criminal offence to send a message or other matter by means of computer systems of network, that is grossly offensive, pornographic or of an indecent, obscene or menacing character or causes any such message or matter to be sent or he knows to be false, for the purpose of causing annoyance, injury, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, ill will or needless anxiety to another or causes such message to be sent.

Also Section 24(2) of the Act criminalises transmitting or causing the transmission of any communication through a computer system or network, to bully, threaten or harass another person where such communication places another person in fear of death, violence or bodily harm or to another person.

In the same vein, there is the tort of defamation under which a victim of abuse of freedom of speech can seek redress, besides the criminal offences of defamation and injurious falsehood under the Criminal Code and Penal Code. Section 391 of the Penal Code Law makes it defamation to speak or represent by mechanical means or by signs or visible representation or publish any imputation concerning another, intending to or knowing or having reason to believe that it will harm the reputation of the person. While a false statement of fact under similar circumstances, is injurious falsehood under Section 393 of the Penal Code Law. There are similar provisions in Sections 373, 374 and 375 of the Criminal Code Laws of the Southern States. Besides, there are various provisions in the Nigeria Broadcasting Commission Act, dealing with violations which have become known as “hate speech” with varying

“.....THERE IS THE TORT OF DEFAMATION, UNDER WHICH A VICTIM OF ABUSE OF FREEDOM OF SPEECH CAN SEEK REDRESS, BESIDES THE CRIMINAL OFFENCES OF DEFAMATION AND INJURIOUS FALSEHOOD UNDER THE CRIMINAL CODE AND PENAL CODE”

Speaker, House of Representatives, Femi Gbajabiamila

degrees of sanctions.

The Problem of Over-Regulation and Limiting Access to Social Media To require more than the existing laws have provided, would portray the government in a bad light and pitch it against the people, and any such further regulation, will only take Nigeria centuries back in civilisation, with attendant consequences of gross and flagrant abuse like in the colonial era or the immediately after, which had such over-regulation, like the laws on sedition by which a lot of persons were frequently charged and convicted, for what, ordinarily, would be fair comment by citizens of democratic society. A lot of these cases are high profile cases with potential to cause political tension, affect the peace and stability of the entire country which the proponents of the of social media regulation claim to want to prevent. This would further deepen the already entrenched distrust, between the people and government. This way, the government loses its right and benefit of feedback from the people.

As much restriction or qualification of the right to freedom of expression is desirable and also constitutional, the operating words for any such restriction or qualification is that, it should be “reasonably justifiable in a democratic society”.

And, although the question of what is reasonably justifiable in a democratic society is a matter of fact depending on the circumstance of each case, it means that restriction of the right should not be arbitrary or targeted at silencing opposition, or a tool of getting back at public criticism or negative perception of governance or government policies, or the running of the affairs of the State which social media is perceived to be achieving, but wholly about democratic ideals and practices.

These were the underlying basis for which the law of sedition was introduced into our society, basically to protect the so-called sovereign and her colonial government, and it does appear, history is about to repeat itself.

Thus, a discourse on the regularisation and over- regularisation of the right to freedom of expression or debate on preventing “hate speech”, cannot be complete without a consideration of the law of sedition which, though has been held to be inconsistent with the Constitution, still exists.

There is legal definition of Sedition, but Section 50(2) of the Criminal Code defines a “seditious intention” as an intention: “to bring into hatred or contempt, or to excite disaffection against the person of Her Majesty, her heirs or successors, or the person of the Governor-General or the Governor of a Region or the Government or Constitution of the United Kingdom, or of Nigeria, or of any Region thereof, as by law established or against the administration of justice in Nigeria; or to excite her Majesty’s subjects or inhabitants of Nigeria to attempt to procure the alternation, otherwise, than by lawful means, of any other matter in Nigeria as by law established; or to raise discontent or disaffection amongst Her Majesty’s subjects or inhabitants of Nigeria”; or to promote feelings of ill-will and hostility between different classes of the population in Nigeria.”

This law led to more turmoil than peace, as evident in many trials. In D.P.P. v Chike Obi, the Defendant was convicted for sedition, for the publication like a typical social media tantrum: “Down with the enemies of the people, the exploiters

of the weak and oppressors of the poor” etc. directed at the Federal Government of Nigeria.

In James Ogidi v Commissioner of Police (1960), a published telegram which accused the Customary Courts of a Division of being used to oppress the supporters of an opposition political party, were held to be seditious. In R v Agwuna & Ors (1949) 12 W.A.C.A 456, the Defendant, Chief Osita Agwuna, was convicted of sedition for his lecture titled, ‘A Call for Revolution’, in which he referred to the British colonial masters as “a common enemy”, adding that, they had a plan to continue their domination of Africa till the duration of the third world war, and that, “we must forget our so-called differences and direct our energy towards the common foe, or else, we remain like this for another fifty years”.

The law wizard, Chief FRA Williams, SAN (of blessed memory) in the Chike Obi case postulated that: “Any law, which punishes a person for making a statement which brings a government into discredit or ridicule or creates disaffection against the government irrespective of whether the statement is true or false... is not a law which is reasonably justifiable in a democracy.”

The unconstitutionality of the law of sedition, finally came to the fore in the celebrated case of Arthur Nwankwo v The State (1985)6 NCRL 228, in which the Appellant was charged with sedition for publishing and distributing a book entitled, ‘How Jim Nwobodo Rules Anambra State’. The court examined the case in the light of Sections 36 and 41of the 1979 Constitution, which gave all Nigerian citizens the right to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference, except as stipulated by the Constitution itself. The Court of Appeal concluded that, the law of sedition as contained in Section 51 of the Criminal Code, derogated from the constitutional provisions on freedom of speech guaranteed under the 1979 Constitution; more so, when the publication could not lead to public disorder envisaged under Section 41(2) of the Constitution. The Court made very far reaching pronouncements that, to date, continue to guide modern and present views of whether there is need for more regulation or restriction of the right to freedom of speech, especially in the light of the advent and outburst of social media. The Court held thus: “...While Chike Obi v D.P.P, (Supra), Wallace Johnson v The King (1940) AC, 231 were birds of their respective periods, it is my view that Sections 50(2), 51 and 52 which cover them, are inconsistent with the provisions of Sections 36 and 41 of the 1979 Constitution, and are by implication repealed from the 1st day of October, 1979. There is no ban in the Constitution... against publication of truth, except for the provision and security necessities embodied in those sections.

If a publication is false news with intent to cause fear and alarm in public, there is Section 59 of Criminal Code to cover it. If a person feels defamed, there is the civil remedy of suing for libel or slander. There are also provisions in Chapter XXXIII of the Criminal Code Law as to criminal defamation – see Section 374 thereof.

By looking at the Constitution in the light of an existing law, so as to accommodate and save the provision of existing law, defeats the purpose of Section 274(3) of the Constitution. If the existing law is inconsistent with the Constitution, the existing law is null and void, to the extent of that inconsistency.”

Summary and Conclusion It is a firm view that, society thrives on robust plurality of ideas and opinions, and the availability of information. Freedom of speech offers that platform for the exchange of those ideas, and should not be unnecessarily clogged in the name or form of laws that seek to guard against hate speech and the like. We hereby, ask the National Assembly to suspend ad infinitum, the current attempts at introducing obnoxious legislation to curb access to social media, create a Commission against the so-called hate speech, and the attempt at muzzling press freedoms. Democracy thrives on free speech.

Emmanuel Onwubiko, Chief Executive Officer, Human Rights Writers Association of Nigeria (HURIWA)

19.11.2019

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Hate Action Begets Hate Speech Sylvester Udemezue

P

A Piece of Legal Advice to Nigeria romulgation of an Anti-Hate Speech Law, is unnecessary in Nigeria. What we need now, is to change our poor leadership attitude and orientation. When leaders stop hate leadership action, hate leadership style, and hate governance policies and systems, hate speech would naturally die off. As long as hate action, hate leadership and hate governance continue, what you call hate speech will continue, because hate speech is a natural result of hate leadership actions.

Illustration: Section 13(1) of the Constitution of the Federal Republic of Nigeria (CFRN), 1999 provides that “it shall be the duty and responsibility of ... government, and of all authorities and persons, exercising legislative, executive or judicial powers, to conform to, observe and apply the provisions of Chapter Two of this Constitution”.

Section 14(1) of Chapter 2 of the Constitution provides that “the Federal Republic of Nigeria shall be a State based on the principles of democracy and social justice” while Section 14(3) demands that “the composition of the Government of the Federation or any of its agencies and the conduct of its affairs, shall be carried out in such a manner as to reflect the federal character of Nigeria and the need to promote national unity, and also to command national loyalty, thereby ensuring that there shall be no predominance of persons from a few States or from a few ethnic or other sectional groups in that Government or in any of its agencies.”

On its part, Section 15(2) says that “national integration shall be actively encouraged, whilst discrimination on the grounds of place of origin, sex, religion, status, ethnic or linguistic association or ties shall be prohibited. Finally, Section 15(4), provides that “the State shall foster a feeling of belonging and of involvement among the various people of the Federation, to the end that loyalty to the nation shall override sectional loyalties”. Now, I ask: (A)Is our national governance and government, run in such a manner as to ensure there is no predominance in government of people from one or few regions or sections of the country?

(B) Does the composition of the Government of the Federation or any of its agencies and the conduct of its affairs, reflect the federal character of Nigeria? (C) Do our governments and leaders pursue and promote national integration, social justice and fairness among all of its peoples?

(D) In the running of the affairs of government, in Nigeria, are there no discriminations on the grounds of place of origin, sex, religion, status, ethnic or linguistic association or ties? (E). Do our leaders place loyalty to the nation over and above ethnic, religious or sectional loyalties? We require honest answers to these questions, because that’s the root of ”hate speech.” In summary, do our leaders respect federal character? If leaders refuse to respect federal character, how do you expect “Hate Speech” to die? How? Brazenness of our Leaders When leaders brazenly trample upon rule of law and due process, which are the twin pillars of a true constitutional democracy, do you expect people to keep mute and not complain bitterly?

And, when they complain bitterly, why do you accuse them of hate speech? See, you can’t beat me, and tell me to not cry. You can’t have it, both ways.

When National leaders declare that they’d rule or lead by segregation and division and exclusion, and they thereafter, pursue their words with concrete

hate and segregative policies targeted against certain sections of the country, this is a clear indication of Hate Action against a section or against sections of the same country. What do you expect? Then, when they complain bitterly, you accuse them of hate speech. You’re wrong, with all due respect. You, stop your hate actions, and all hate speech will die off.

When, in government appointments, and in developments, and in distribution of public amenities, leaders deliberately discriminate against citizens, based on places of origin, language or ethnic leaning, what do you expect? Love speech, from the people? When leaders announce multibillion Naira railway, road and agricultural projects and other credible infrastructural developmental projects for a particular region or regions/sections, and on the same day, news breaks out that Government is siting a PENCIL- Manufacturing machine in the other region as their own dividend of democracy, what do you expect? They should organise a party to celebrate the leaders? In a country where cattle and cows occupy a pride of place, over and above man, and their lives are treasured, preserved, protected, and their wellbeing and welfare promoted over and above those of human citizens of the country, what do you expect? Love speech?

When you intimidate everybody, debase, corrupt and manipulate the electoral process, cage the judiciary, emasculate the legislature, rendering everyone powerless, and then you bulldoze your way into power in the most outrageous and atrocious of ways, what do you expect? Mass rallies and parties to celebrate you? When most government policies and programs are targeted at oppressing or emasculating and suppressing a particular group of people or sections of or in the country, what do you expect? Praises, adulation and worship towards you? When corrupt governments are run by corrupt politicians that run corrupt law enforcement agencies, and in reaction, people begin to suggest, like the Turkish playwright and writer, Mehmet Murat ildan, that “instead of politicians, let the monkeys govern the countries, because at least the monkeys would steal only the bananas”, then you begin to shout “Hate speech”, how is it so?

What do you expect, from helpless, frustrated and hapless citizens? When the fight against corruption is used as a smokescreen to fight, suppress and silence opposition, and all dissenting views, what do you expect from the targeted groups and people? Love speech? Silence? When ordinary members of the masses of Nigeria are dying of abject poverty and acute lack, and weighed down by economy- imposed frustration and stagnation, while their leaders, on the other hand, live in opulence and affluence, squandering national resources and diverting public funds into private pockets, for themselves their families and friends and associates only, what do you expect? When democracy that was designed

by Abraham Lincoln to serve as a system of “governance of the people by the people for, and in the best interest of, the whole people”, is now in Nigeria, twisted to become “governance of the people by a few, for and in the interest of the few”, do you expect the people to fold their arms and watch? No! If the citizens can’t fight you back because you have in place “OPERATION THIS” and “OPERATION THAT”, which see soldiers deployed and taking over the whole place and ready to kill, and are even actually killing anyone who openly physically protests, then people would of course, naturally resort to talking and speaking out, angrily!

These are what you turn around, and call “hate speech”. How are you justified? When citizens’

Senator Sabi Abdullahi

“WHEN, IN GOVERNMENT APPOINTMENTS, AND IN DEVELOPMENTS, AND IN DISTRIBUTION OF PUBLIC AMENITIES, LEADERS DELIBERATELY DISCRIMINATE AGAINST CITIZENS, BASED ON PLACES OF ORIGIN, LANGUAGE OR ETHNIC LEANING, WHAT DO YOU EXPECT? LOVE SPEECH, FROM THE PEOPLE?”

constitutional right to freely elect their leaders, is forcibly taken away from them, and their rights to protest against oppressive, bad leadership, is illegally suppressed and stifled, what do you expect from them? To die in silence? They are sure to speak out. It is natural! And this is what you erroneously interpret as “hate speech,” but which is not, with due respect.

When human lives that are supposed to be sacred, are now snuffed out wantonly, while citizens are killed, massacred and murdered at will with no repercussions whatsoever for the oppressors and known killers of the people and perpetrators of these mayhem, what do you expect?

Singing and praise-worship? When a country that was once safe, secure, is now overtaken and overwhelmed by acute insecurity, and bogged down by daily kidnappings, senseless banditry, unrestrained armed robbery, ritualist killings, and by the activities of the now dreaded Boko Haram, bandits, armed and unarmed robbers, etc, so much so that, citizens are no longer able to move around freely nor sleep with their two eyes closed, what do you expect? Smiling? A Writer, Sue Fitzmaurice once said:“Our wounds can so easily turn us into people we don't want or never wanted to be”. So, we need to ask honest questions, and find candid answers. These cosmetic approaches we adopt to issues that bother us, only make matters worse.

As Martin Luther King Jr, said, “darkness is only driven out with light, not by more darkness”.

Accordingly, we need to rethink governance and leadership in Nigeria, to make it more inclusive, people-oriented, and more sensitive to the plight and yearnings of the people. Our leaders, have failed us. Quote me. It did not start today. When people feel disappointed and frustrated, this is what we get. True peace and love, are not merely the absence of tension: it is the presence of justice and fairness. The time is always right,

LEKKI PROPERTY: BUSINESSMAN ACCUSES AMCON OF DEFYING COURT ORDER suggested that they thus, had a right to prevent him and his family from gaining access and living in their home.

“I am gravely concerned about the impunity and disregard for the order of the court. The damage to my property is a further demonstration of the vindictiveness of Mr Lanre Olaoluwa against me and other innocent purchasers of properties, who are not indebted to AMCON”, Shittu said.

According to him, Olaoluwa “brazenly defied an order of court, and further destroyed my property worth millions of Naira, over a debt I am not liable for”.

This development comes on the heels of a letter

of appeal by Lekki Residents and Stakeholders Association to the President, to restrain AMCON from harassing its members.

But, responding to the allegations, AMCON's counsel Mr. Jide Olasite absolved Olaoluwa of blame.

Olasite said the Receiver/Manager, was not involved in Monday's activity at the estate.

He said the property belonged to AMCON by virtue of a final court judgement, and that Shittu was the one in the wrong.

"AMCON has a judgement that has been confirmed by the Court of Appeal, and it was pursuant to that, that they took possession of

CONTINUED FROM PAGE 5

that property. They took possession since June.

"He (Shittu) then went there last Friday on his own, with policemen and broke into the property. That happened late on Friday. On Monday we got aware of it, so, on Monday, AMCON’s enforcement unit went there and retook possession of it. Mr Olaoluwa was never there, Mr. Olaoluwa’s involvement in the matter ended when the judgement of the Federal High Court was executed in June", Olasite said.

He agreed that an injunction was issued against AMCON concerning the property, but that, AMCON had filed an appeal.

to do what is right. The time for Nigeria is now.

Time is running out. Good governance is not a form of fire-fighting or crisis-management. So, instead of opting for all these ad-hoc solutions (like promulgating an anti-hate speech law), the need of the hour, is to tackle the root causes of the problems. If governance is corrupted, insecurity, hate speech, mistrust, disharmony, hate, acrimony, are the natural results. All these give rise to what you now call, Hate Speech, and which I prefer to see as mere expression of frustrated people’s anger against failed and frustrating governance styles.

As David Hume once said, “the corruption of the best things, gives rise to the worst”.

Finally, Criticisms and opposition, are a necessary part of any democracy that hopes to survive.

Criticisms need not be agreeable, since much of it is aimed to serve the same function as pain in the human body. Criticism calls attention to seeming flaws, and keeps leaders on their toes.

Criticism helps to make leaders better, also helps the leaders to achieve more. Any leader that detests or rejects criticism, is headed for Golgotha. The problem with most leaders in developing societies in Africa (Nigeria being chief among the worst be culprits), is that our leaders would rather be ruined by praise, than saved by criticism.

So, I advise our governments and legislators, to throw the anti-hate speech bill, currently pending before the legislature, into the rubbish bin, because it’s an anti- Nigeria Bill that would only succeed in worsening an already very bad situation. The Nigerian Constitution recognises and upholds the inherent right of Nigerian people, to cry out and complain against any unjust and oppressive governance; such is not hate speech.

It’s a constitutionally-guaranteed right, I repeat.

And I repeat also that, it is abominable for you to beat a child, and then turn around to ask the child not to cry. Mehmet Murat ildan once advised, “if it ever happens in a constitutional democracy, that the traffic light turns red for citizens’ freedoms, the citizens should never, ever stop. Citizens should never wait.

They should refuse and reject the red light, ignore it, and move forward! It is always legitimate to challenge fascism ... as long as this challenge is legitimate and nonviolent! Because, violence means using the same vulgar, the same evil methods of fascism! Don’t behave like a dog, when fighting against a dog!”

Stewartx Stafford said, “the only way to ensure democracy functions correctly, is to question its governance constantly. If citizens fail to do so, citizens may awake up one day, to find themselves living in a Police State”.

George W. Bush of America once said, “... every person has the ability and the right, to be free.

Freedom is a universal human desire... and a force for peace and prosperity in the world. We love our freedom, and we will fight to keep it”.

According to John F. Kennedy, “We shall never weary in the defence of freedom, neither shall we ever abandon the pursuit of peace.... Freedom is indivisible, and when one man is enslaved, all are not free”.

Roughly 70 years ago, Justice William O. Douglas accepted a prestigious award with a speech entitled “The One Un-American Act”, about the greatest threat to a free nation. He warned that the restriction of free speech, “is the most dangerous of all subversions. It is the one un- American act, that could most easily defeat us”. Here in Nigeria, until all citizens become freely and truly free to freely express themselves, Nigeria will not be free to make any genuine progress. Until we’re truly free, we will not be free to succeed. As Abhijit Naskar puts it, spineless citizens create spineless democracy. There may be times that a people may be powerless against oppression, but there must never be a time they fail to, at least, complain. It is Natural!

Sylvester Udemezue

12/IMAGES

19.11.2019

The Epiphany Azinge Foundation held its 2019 Annual Lecture Series themed, ‘Nigeria-40 Years of Engagement with Fundamental Objectives and Directive Principles of State Policy’ last Wednesday, November 13th, at the Shehu Musa Yar’Adua Centre, Abuja, under the Chairmanship of Chief Wole Olanipekun, SAN. The Lecture was delivered by Honourable Justice Chima Centus Nweze, JSC, PhD. Here are some of the personalities who attended the event..... photos: Julius Atoi

Guest Lecturer, Hon. Justice C C Nweze, JSC and Chairman of the Occasion, Chief Wole Olanipekun, SAN

Founder, Epiphany AzingeFoundation, Prof Epiphany Azinge, SAN and wife Dr. Valerie Azinge, SAN

Prof Muhammed Tawfiq Ladan (left) and Prof Dakas C J Dakas, SAN

Mr. Emeka Etiaba, SAN (left) and Dr. Alex Izinyon, SAN

L-R: Prof Fabian Osuji, Awa Kalu, SAN and Chief Adegboyega Awomolo, SAN

Mr. Odokuma Austine (left) and former Inspector General of Police, Solomom Arase

Hon. Justice Dupe Atoki (left) and Hon. Justice Flora Ngozi Azinge

Rev. Fr Valentine Onwunjiogu and Prof. (Princess) Vivian Mottohmigan

L-R: Chief A O Ajana, SAN, Mr. A. T Kehinde, SAN and Mr. Obafemi Adewale

19.11.2019

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L-R: Dr. Joey Azinge, Lady (Barr.) Azuka Azinge, Prof. Epiphany Azinge, SAN and Justice Ngozi Azinge

L-R: Mr. Olisa Azinge, Prof Epiphany Azinge, Engr Nkem Azinge and Dr. Valerie Azinge

Members of Institute for Advance Legal Studies

Prof. Adebambo Adewopo, SAN (left) and Prof C U Ilegbune, SAN

Prof. Paul Idornigie, SAN (left) and Rev. Fr Prof. Hyacinth Ichoku

Mr. Offiong Offiong, SAN (left) and Prof Epiphany Azinge, SAN

Prof. Ademola Poopola and Vera Chiwuba

Mr. Charlie Ugwu (left) and Dr. Goke Adegoroye

Cross Section of Participants at Lecture

L-R: Engr. Tony Molokwu, Ashiogwu C. C and Engr. Umunna

14/IMAGES

19.11.2019

Last Friday, the 1980 University of Lagos Law Class honoured two of its members, Honourable Justice Kazeem Olanrewaju Alogba, on his appointment as Chief Judge of Lagos State, and Adedoyin RhodesVivour, on her elevation to the rank of Senior Advocate of Nigeria. A Dinner was held at La Scala, Muson Centre, Onikan, Lagos. Here are some of the personalities that were in attendance.......

Honourees, Justice Kazeem Alogba (left) and Adedoyin Rhodes-Vivour, SAN

L-R: Hon Justice Olabode Rhodes-Vivour, JSC, Mrs Adedoyin Rhodes-Vivour, SAN, Justice Kazeem Alogba, Ignatius Chibututu, Deji Ibeh and Fatai Okunnuga

L-R: Hon Justice Olatokunbo Kekere-Ekun (JSC), Mrs Adedoyin Rhodes-Vivour, SAN, Prof Taiwo Osipitan, SAN, Chief Judge of Lagos State, Hon Justice Kazeem Alogba, Deji Ibeh, Titi Akinlawon, SAN, Ignatius Chibututu and Aduke Akinboboye

L-R: Hon Justice Akanbi, Eberechi Adiele,Esq., Cyril Ogbekene, Alade Agbabiaka, SAN, Olatokunbo Kekere-Ekun, JSC, Adedoyin Rhodes-Vivour, SAN

L-R: Olatokunbo Kekere-Ekun JSC, Mrs. Oyebode, Prof Osipitan, SAN, Adedoyin Rhodes-Vivour, SAN, Titi Akinlawon, SAN, Justice Alogba, Deji Ibeh, Ignatius Chibututu and Chairman of the Occasion, Prof Akin Oyebode

L-R: Prof. Taiwo Osipitan, SAN, Ignatius Chibututu and Editor, THISDAY Lawyer, Onikepo Braithwaite

Fatai Okunnuga (left) and Mrs Mayen Obi

Hon Justices Dabiri (left) and Oyekan Abdullahi

Hon. Justice Jumoke Pedro

Mrs. Funke Agbor, SAN

19.11.2019

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Mr & Justice Mrs Kekere-Ekun

L-R: Justices Oyekan-Abdullahi, Olabode Rhodes-Vivour, JSC and Idowu Alakija

Adedoyin Rhodes-Vivour, SAN (left), Justice Kazeem Alogba and Justice Jumoke Pedro

Justice Akanbi and Tayo Oyesanya, SAN

Wives of Justice Alogba

Adedoyin Rhodes-Vivour, SAN and Ibiai Ani

Adedoyin Rhodes-Vivour, SAN and Mayen Obi

L-R: Tokunbo Ajidahun, Adedoyin Rhodes-Vivour and Justice Idowu Alakija

Tokunbo Ajidahun (left), Justice Kazeem Alogba and Justice Jumoke Pedro

Adedoyin Rhodes-Vivour and her sister, Ola Akande

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19.11.2019

GOING DOWN MEMORY LANE

(Culled from the Internet)

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TUESDAY NOVEMBER 19, 2019 •T H I S D AY

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T H I S D AY Ëž ÍŻÍˇËœ 2019

BUSINESSWORLD R A T E S MONEY MARKET OVERNIGHT OBB

A S

A T N O V E M B E R

REPO 14.07 13.07

CALL 1-MONTH 3-MONTH

14 13.50 14.75

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

445.38 % 0.32% 0.66%

Group Business Editor Obinna Chima Email obinna.chima@thisdaylive.com 08152447875

1 5 , S & P INDEX 1/4 TO DATE YEAR TO DATE

2 0 1 9 8.02% 24.77%

EXCHANGE RATE ͹͎ʹ˛͎͡˚ͯ ̊ ̊

Quick Takes Anambra Holds Investment Roundtable

As part of eorts to boost the economy of the state and guarantee a more sustainable future for its citizen, theWillie Obiano-led Anambra State Government is set to hold its third Business and Investment Roundtable on Monday, 25th November 2019, at Awka.

The event is themed: “Beyond Infrastructure: Rethinking the Future.�

According to the state’s Commissioner for Economic Planning, Budget and Development, Mark Okoye, “It is the desire to engender inclusive and more sustainable economic growth – taking into account the cumulative impact of rising population, demographic change and ongoing digital revolution - that has led the government to convene the third Anambra Business Roundtable.�

Headded:“Theone-dayroundtablewilloerstakeholders-including localandinternationalbusinessleadersandinvestors,bankers,ďŹ nanciers anddevelopmentagencies-valuableinsightintoAnambra’sinvestment landscape and untapped potential across a variety of industries, and explore veritable opportunities for public-private-partnership.â€?

Chairman of Anambra Investment Promotion and Protection Agency (ANSIPPA), Ike Chioke, noted that the event would showcase how Anambra intends to partner with the private sector to advance the legacy projects of the Obiano administration in infrastructure and housing; agriculture, ICT and the creative industry; tourism and hospitality; as well as education and healthcare.

PRESIDENTIAL DINNER

L-R: Guest Speaker of the occasion, Sir Martin Sorrell; Past President, Nigerian-British Chamber of Commerce (NBCC), Arc. T. C Awagu; President, Dangote Group, Alhaji Aliko Dangote; Special Guest of Honour/Minister of Industry, Trade and Investment, Mr. Niyi Adebayo; President, NBCC, Mr Kayode Falowo; his wife, Mrs Dorothy Falowo, and Ooni of Ife, His Royal Highness, Ooni Adeyeye Enitan Ogunwusi Ojaja II, during the 16th Presidential Inauguration Dinner of the NBCC held in Lagos‌recently

Businesses Want More Transparent, Predictable Regulations, Says WTO Obinna Chima The Director-General of the World Trade Organisation (WTO), Roberto AzevĂŞdo, has advised regulators across the world to serve domestic policy objectives while preserving a level playing field for market competition.

According to him, businesses want increased transparency and predictability so that they would be able to make informed decisions.

He said this in his opening address at a workshop organised by the governments of Mexico, Indonesia, South Korea, Turkey and Australia on domestic regulation held recently, at Geneva.

ECONOMY He added: “The services sector now accounts for a bigger share of output than manufacturing or agriculture in many economies, developed, developing, and leastdeveloped. At the same time, the services sector is, by its very nature, regulation-intensive. This is why services trade often faces heavy regulatory requirements, especially when suppliers are established abroad.�

He pointed out that the WTO 2019 World Trade Report looked precisely at the “Future of Services Trade,� and part of its findings was that even though trade costs in services have fallen in recent

years, they were still almost twice as high as those for trade in goods. One of the main reasons for this, according to him, was the more complex policy regimes applicable to services trade. “The answer here is not to do away with or prohibit regulations, but to get them right. Regulations should serve domestic policy objectives while preserving a level playing field for market competition.

Competitive, dynamic services markets cannot thrive in the absence of a supportive policy environment and a well-functioning regulatory framework. “And that’s precisely what businesses everywhere are asking

for. When it comes to regulations, they want increased transparency and predictability so that they can make informed decisions. I want to emphasise that this is something we hear from LDC services exporters — most recently at the LDC Services Workshop a few weeks ago. As I noted earlier, work has been going on at the WTO to respond to these needs,� he added.

He revealed that a group of WTO Members had launched discussions on regulatory disciplines for services trade.

The Joint Initiative on Services Domestic Regulation comprises Continued on page 24

Sylva: Other Countries Will Imitate Nigeria’s Gas Flare Out Programme Chineme Okafor in Abuja The Minister of State for Petroleum Resources, Mr. Timipre Sylva, has said that Nigeria’s strategy through the Nigerian Gas Flare Commercialisation Programme (NGFCP), to end the practice of gas flaring from oil fields in the Niger Delta will become model countries would emulate to deal with such practice in their jurisdictions.

Speaking at the 2019 edition of the annual national conference of the Nigerian Environmental Society (NES), Sylva, who was represented by the Program Manager of the NGFCP, Mr. Justice Derefaka, explained the programme was designed to be

ECONOMY practicable and result oriented.

He noted that Nigeria had realised it faced a lot of environmental challenges including gas flaring which it would contain with the NGFCP and urged that every citizen of the country become active in attempts to minimise the impacts of climate change on the environment.

According to him, adopting and putting sound and integrated environmental management approaches would if accomplished, increase the likelihood of success at their implementation.

He said even though the approaches may not constitute

a formula for success, they could however contain a generic set of attributes that could constitute a foundation for effective practice. “Do not forget that the adoption of such an approach is not an end in itself, but a means to achieving any number of ends identified by a set of stakeholders working within a complex broad spectrum of environmental management institution. In my opinion, these are the building blocks for the successful development and implementation of a sound and integrated environmental management approach for Nigeria,� he stated.

Furthermore, Sylva said: “To prove that the adoption of such approach is achievable, the

Nigerian Gas Flare Commercialisation Programme (NGFCP) in my office passed through that sieving funnel, hence the design of the NGFCP according to our development partners, is an innovative, robust and scalable approach to gas flare reduction. “A game changer - first of a kind, consistent with the climate change action plans anticipated in the Paris Climate Change Accords which could be replicable in many other gas flaring countries around the world with Nigeria setting the pace.�

He noted that with the environmental challenges faced by Nigeria, came the fundamental Continued on page 24

Osinbajo for LPG Summit 2019

TheVicePresident,Prof.YemiOsinbajo,willsetthetonefordiscussion of crucial industry issues as the special guest of honour and keynote speaker at the forthcoming 2019 edition of the Nigeria LiqueďŹ ed PetroleumGas(LPG)Summit.HostedbytheNigeriaLiqueďŹ edPetroleum GasAssociation(NLPGA)inpartnershipwithSingapore’sLPGSummit, thesummitisscheduledtoholdbetweenNovember26and27,2019,in Lagos.Themed, “Harmonising Development and Growth in Nigeria and Africa,â€? the Nigeria LPG Summit 2019 will host stakeholders, experts, exhibitorsfromSouthEastAsia,andtheinternationalgascommunityto anindustrydiscourseonissues,developments,policiesandinnovations aroundLPGmarkets. IndustryexpertsscheduledtospeakattheAnnual Conference & Exhibition include the Honourable Minister of State for Petroleum Resources, ChiefTimipre Sylva; Managing Director of the Nigeria LNG Limited, Mr.Tony Attah; Executive Director, Commercial OperationsofFalconCorporationLimited,MrsAudreyJoe-Ezigbo;and the Executive Secretary, Nigerian Content Development and Monitoring Board (NCDMB), Mr. Simbi Wabote. Others are: Chief Information OďŹƒcer,Manufacturing,Sub-SaharanAfrica,Agri-BusinessandService Dept, International Finance Corporation,World Bank Group, Mr. Kalim Shah; Deputy Managing Director,World LPG Association, Mr. Michael Kelly; and Chief Operating OďŹƒcer (Downstream), Nigerian National Petroleum Corporation (NNPC), Mr. Adeyemi Adetunji, among others.

LCCI to Host Dialogue on Agro Devt

The Lagos Chamber of Commerce and Industry (LCCI), will hold a symposium on how to develop the agriculture Sector in Nigeria. The theme of the conference is, “Making Agribusiness Bankable: Lenders andInvestorsExpectations.â€?TheeventistoholdonNovember20,2019, in Lagos. The keynote address, according to the Director-General of the LCCI, MudaYusuf, would be delivered by Managing Director/Chief Executive OďŹƒcer of the Nigeria Incentive-Based Risk Sharing System for Agricultural Lending (NIRSAL Plc.) Mr. Aliyu Abdulhameed. Yusuf said the programme would feature a panel discussion and audience participationtoallowforabalancedinteraction,assessment,evaluation andintervention.HestatedthatďŹ nancialinstitutions,farmers,operators and critical stakeholders in the Nigeria economy will attend the event.

Yusuf said: “The focus of the symposium is to consider agriculture ďŹ nance across the entire value chain and examine dierent scenarios tomaketheagribusinesscompetitive. “Participantswillalsodeliberate onpracticalsolutionstoincreaseaccessoffarmersandoperatorsinthe sectortoďŹ nance,investmentsandinterventionfunds. Stakeholderswill also articulate the internal resources required for proďŹ ling projects to makeagribusinessbankableandproposerobustinstitutionalsupports to unleash the potentials of the sector.â€?

“We have heard the news that the federal government is working on releasing N600 billion for us. From that time till this moment, it is still news.

Now, NBET has been threatening calling the GenCos, especially the owners (investors), telling them that she has the money with her if only they will send the board resolution she would pay the money�

Executive Secretary, APGC

Dr. Joy Ogaji

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BUSINESSWORLD NEMA LAUNCHES 15-YEAR POLICY DOCUMENT ON DISASTER RISK MANAGEMENT

60 Members from different levels of development and regulatory backgrounds, together accounting for more than 70 per cent of world trade. “Good regulatory practice is compatible with a variety of regulatory systems and approaches — no matter the level of development or the societal choices reflected in domestic regulation. The main objective is to ensure that certain types of regulations are not opaque and unnecessarily cumbersome.

Enhancing regulatory quality and facilitating services trade are the key goals here. “Today’s workshop is an excellent opportunity to go deeper into these issues. It will also allow for a better understanding on the relationship between regulatory quality, sustainable growth and development, and competitive services markets,� he added.

SYLVA: OTHER COUNTRIES WILL IMITATE NIGERIA’S GAS FLARE OUT PROGRAMME challenge of making enlightened decisions that will place people and the planet on course for a better future. “Today’s theme (if you like agenda) is not just about government and stakeholders. It is a matter of personal conviction.

Just one person, or even your family members or entire community, may seem too small to make a difference. But it could not be further from the truth. Everyone’s contribution to environmental stewardship inspire hope. “By working together, we can say to the citizenry that the Benin 2019 Nigerian Environmental Society (NES) agenda is not just a new deal, but an earnest promise to Nigerians home and abroad. And the time for us to act together is now because every breath we take depends on it,� he added, while admonishing that the country leverages developments in science and technology to advance further.

Derefaka had said Nigeria would need at least $3.5 billion investments to activate the new market-based initiative it had set up to end the practice of gas flaring by 2020.

NEWS

NEMA Launches 15-year Policy Document on Disaster Risk Management Kasim Sumaina in Abuja The National Emergency Management Agency (NEMA) in Abuja, at the weekend launched a 15-year policy document on disaster risk management in the country.

Presenting the policy document at a stakeholders’ meeting, the Director General of NEMA, Engr. Mustapha Yunusa Maihaja, said with the development, Nigeria has joined other countries in achieving the target of the Sendai framework (2015-2030).

The NEMA boss stressed that, Nigeria like other countries in the West African Region and the continent had witnessed continuous rise in both natural and human induced disasters which has resulted in loss of lives, large scale displacement, socio economic dislocation and environmental degradation.

According to him, “We have continuously faced a yearly devastating flood which has taken a great toll on all aspects of life and development. “We need to shift from our places of comfort and take on disaster risk management with full steam. “Globally, disaster risk management has witnessed improved legislation, improved awareness, improved early warning systems, better preparedness, including establishment of sustainable structures and national platforms for

disaster risk reduction. “But, these have not been sufficient to generate the transformational change required in risk governance.�

Maihaja added, “If we truly want to get ahead of the curve of humanitarian need and economic losses, we must set up strategies to address underlying risk drivers. “We need to integrate risks as well as potential opportunities into development planning and budgeting. This is the only way

we can build resilient and sustainable societies capable of addressing both climate and disaster risks. “This is the only path to reduce mortality, reduce the numbers of people affected by disasters, reduce economic losses, and reduce damage to critical infrastructure such as schools and hospitals.�

He said the policy document concentrates on four priority areas namely - awareness, governance, capacity and resilience.

The document, according to

him, outlines the framework providing directions for supporting measures to strengthen communities, individuals, businesses and institutions to minimise the adverse effects of disasters in Nigeria.

It also provides a direction for enhancing the ability to prevent, prepare, respond and recover from disasters across all elements in the country. And responds to the various DRR challenges by articulating the renewed commitment of government to

DRR. He further stated that the document streamlines a set of guidelines for decision making regarding what needs to be done to achieve the desired outcome in DRM. “The policy document also guides the development and implementation of Disaster Risk management plans and programs of States and Local Government levels to achieve the government’s priority of a safe, more secure and resilient community.�

WIMBIZ CONFERENCE

L-R: Chairman, Nigerian Stock Exchange, Abimbola Ogunbanjo; Co-founder & CEO,Verod Capital, DanladiVerheijen; Head,Technical, Department of Public Building and Housing (DPBH) Federal MinistryWorks and Housing, Dr. Celestina Eke; Chairman/CEO Brittania-U Nigeria Limited, Uju Ifejika, and Founding Partner, Banwo & Ighodalo, Asue Ighodalo, during a plenary session at the 2019 edition of Wimbiz Annual Conference, held in Lagos‌ recently

Sahara Group Graduates 38 Engineering Trainees Peter Uzoho Thirty-eight young engineers comprising 29 males and nine females have graduated from the 2019 Sahara Graduate Engineering Programme (GEP).

The GEP is an annual capacity building initiative of the power group jointly organised by its Egbin Power Plc and First Independent Power Limited (FIPL) in collaboration with the National Power Training Institute (NAPTIN).

The new graduates who were offered certificates during the graduation ceremony in Lagos at the weekend, made it a total of 198 beneficiaries that have

undergone the programme since its commencement in 2014.

Speaking at the event, the Group Managing Director of Sahara Power Group, Mr. Kola Adesina, said the trainees were selected out of over 8,500 applicants after a very rigorous process, adding that they were chosen from various fields of engineering profession including electrical, chemical, electronic and mechanical.

Adesina said: “Over the past 12 months, they have embarked on intensive classroom training and hands-on activities across Power Generation, Operations, Distribution, Transmission, Electricity and Commercial Awareness.

“These rigorous sessions led by seasoned power experts have given our graduates a strategic understanding of the entire value chain of the Nigerian Power Sector. “I am confident that this foundation will empower our future power experts to disrupt and transform the sector as they progress in their careers.�

According to him, the GEP has birthed several success stories in the past four years and has produced 198 engineers who are driven by innovation and passion to light up Africa. “I am confident that the programme will remain a robust platform for developing

the next generation of power experts that will ensure Sahara Power Group continues to bring energy to life in Nigeria and Africa. “Since 2014, Sahara Power Group has recruited over 130 graduate engineers in line with our commitment to empower the youth and develop local capacity in the power sector,� he added.

Adesina, also charged the new graduates to be focused in life and use lessons and skills acquired during the training to add value to the society particularly to the Nigerian power sector.

On his part, the Director General of NAPTIN, Mr. Ahmed

Nagode, said the GEP was a very important and fundamental programme in the career of a professional engineer in the power sector. “It is a programme that bridges the gap between academic qualification of BSC/HND in Electrical and Mechanical engineering and the skills required to operate on the power networks,� Nagode said. He, however, congratulated the graduates for adding another profile to their Curriculum Vitae, urging them “to be good Alumni of NAPTIN and ensure that you are better industry players by giving back to Sahara Power the gains of this investment on your competence.�

Adeduntan Harps on Grooming Next Generation of Entrepreneurs, Leaders Kemi Olaitan in Ibadan 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)

The Managing Director/Chief Executive Officer, First Bank of Nigeria, Dr. Adesola Adeduntan, has called on stakeholders in the country to support and groom the next generation of leaders and entrepreneurs.

He said this could be achieved not only through the quality of their education, but also by infusing critical thinking, problem solving and qualitative skills that will boost their personal and professional growth.

He stated that while the stakeholders continue to pursue a strong case for improving the environment within which education and

employment happens, they have a critical responsibility to equip graduates with the competencies required to succeed in a world of innovation and technological disruptions.

The First Bank CEO who delivered a lecture titled, “A Journey Defined – Empathy, Courage, Industry (Discipline)�, at the 2019 convocation ceremony of the University of Ibadan, said this could be achieved by leveraging massive online open courses in response to the new ways of learning; revamping the school curriculum to include programing and coding skills, as well as the provision of broad band access across all higher institutions of learning.

While stating that all stakeholders should collaborate in the quest to enrich the learning experience across all higher institutions of learning in Nigeria, he called on the new graduates to take responsibility for their life by defining their core values. He noted that this would enable them to navigate the world both in their personal and professional lives.

According to him, “Your defined journey started on your admission into this great university. It doesn’t matter how long your process will take, your final mandate, is to deliver value in as many ways as possible to your society. “As the university unleashes you to the world of great possibilities

and uncertainties, I would like to entrust you with some ‘life hacks’ that will enable you to navigate the world both in your personal and professional lives. I have adopted these ‘life hacks’ as well in my personal and professional endeavors, and in all modesty, I can say that I am a comfortable man. “Creating value for yourselves and others requires that you to be intentional with life decisions - from choosing your career to building networks and nurturing relationships. “Take responsibility for your life by defining your core values which, at this point in your lives, should be hard work, integrity, discipline and living an impactful life. Even

in the smallest of tasks assigned to you, exhibiting these values will get you recognised and fast tracked to leadership positions.�

Adedutan, pointed out that to climb the ladder of success and widen horizons for personal and professional growth, the new graduates needed to demonstrate high level of discipline, saying the foundation of every civilised and prosperous society was discipline. “Your personal discipline will show in your output. This is a critical lesson you must strive to inculcate in your personal and professional lives, being empathic in your professional capacity.�

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BUSINESSWORLD

ENERGY

Averting Crisis in Oil, Gas Industry Davidson Iriekpen calls for the intervention of stakeholders in resolving the dispute between the Petroleum and Natural Gas Senior Staff Association of Nigeria, the Nigeria Union of Petroleum and Natural Gas Workers, General Electric and ARCO Group, over the non-payment of outstanding entitlements before it snowballs into a full blown crisis All is currently not well between the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN), the Nigeria Union of Petroleum and Natural Gas Workers (NUPENG), General Electric International Operations Nigeria (GEION) and ARCO Group Plc, over the non-payment of entitlements to members of the unions. Last month, the two oil workers’ unions issued a 14-day ultimatum to industry stakeholders including the Minister of State for Petroleum, Nigerian National Petroleum Corporation (NNPC) and others to call GEION to order over the non-payment of terminal benefits and allowances to their members, who were laid off by Arco Group Plc in August 2016.

In a joint letter due to expire any moment from now, the unions threatened that failure to intervene in the dispute would leave them with no other option than go on a nationwide sympathy strike which would paralyse activities in the country.

In the letter addressed to the concerned officers and signed by the General Secretary of PENGASSAN, Lumumba Okugbawa, and General Secretary of NUPENG, Olawale Afolabi, they stated that it was obvious that the intervention of the Federal Ministry of Labour and Employment, which agreed that ARCO, Federal Inland Revenue Service (FIRS) and GEION should meet and reconcile the figures on the excess Withholding Tax (WHT) as alleged

by ARCO was not going anywhere. “The patience of our members is at the breaking point as they see their colleagues from ARCO wallowing in deprivation and hardship after toiling for several years due to deliberate ploy od some individuals and organisations to elope with the fruits of the labour. “We, therefore, call on relevant authorities to compel GEION and any other concerned parties in this matter to do the needful for our members to get their final entitlements without further delay; failure of which the unions would be left with no other option but to go on sympathy industrial action nationwide for the entitlement of the workers to be paid,’’ the statement said.

Giving the genesis of the dispute PENGASSAN said ARCO provided services to GEION on Global Maintenance Services Contracts for the Nigerian Agip Oil Company (NAOC) Gas Turbines from 2006 to 2015. It added that ARCO’s payments for the services were routed through GEION, which had a corresponding duty under the Nigerian tax laws to deduct WHT from payments due to ARCO and remit same directly to the federal government through the FIRS. It said the approved statutory deduction rate ought to be five per cent, but GEION applied a rate of 10 per cent to ARCO’s invoices. According to the oil workers’ union, ARCO protested this but GEION claimed that the statutory rate was 10 per cent and that the monies so deducted had been duly remitted to the FIRS. “However, ARCO noticed that the value of the WHT credit notes issued by FIRS to ARCO, as evidence of receipts of the WHT deductions remitted by GEION did not match the amount that were deducted from their invoices. ARCO raised the issue again with GEION and both parties agreed that clarification should be sought from the FIRS on the appropriate and applicable WHT. “The FIRS responded that the statutory rate is five per cent. GEION contested the position through their tax consultants, the PriceWaterHouseCoopers (PWC) and the FIRS reconfirmed its earlier position, adding that GEION remitted only five per cent and not 10 per cent as claimed by GEION. The FIRS further directed GEION via a letter dated January 14, 2019 to remit the outstanding five per cent or provide evidence of payment within 10 days from the receipt of that letter. Unfortunately, GEION has refused to act further to pay what they unlawfully deducted and withheld from ARCO over the nine-year period. “The association finds it criminal that in the face of overwhelming documentary evidence establishing Arco’s claim of alleged payment to the refunds demanded, GEION would still make unsubstantiated claim of alleged payments and remittances to the Federal Inland Revenue Service (FIRS), which are not backed by WHT credit notes, payments advices, receipts, bank statements or

Sylva any other credible evidence,� it said.

Investigation by THISDAY revealed that the letter by the workers’ unions was not the first time attention would be drawn to the dispute between GEION and ARCO. It was gathered that between 2015 and 2017, the two companies were severally brought before the Federal Ministry of Labour and Employment over the issues of non-payment of accrued staff gratuity, redundancy benefits and overhaul allowances due to ARCO workers who were engaged on the NAOC OBOB contract.

Checks revealed that ARCO explained to the minister during those mediation meetings that it was unable to settle the outstanding obligations because GEION, who was the main contractor, had refused to pay it monies that were then due and outstanding, such as the balance of the demobilisation fee and the workers’ overhaul claims.

After several meetings brokered by the ministry, GEION and ARCO had reached an agreement for the closing out of the contract and payment of the fee subject to two very important issues which are the receipt by ARCO from GEION, of all outstanding WHT credit receipts due to ARCO for services rendered on the contract, and the resolution of the overhaul payment claim.

By law, WHT was to be deducted from ARCO invoices at the rate of five per cent of the value of each invoice. However, GEION had been deducting WHT at the rate of 10 per cent, in spite of ARCO protests. The attempt to resolve this issue gained traction when it wrote to demand a refund of overpayments it claimed it had made to the FIRS on certain ARCO invoices it deducted WHT from, at the rate of five per cent instead of 10 per cent.

The long-standing disagreement over what rate was applicable led to an agreement that the FIRS should be contacted for clarification. GEION stated that it would accept and abide by any clarification or ruling by the FIRS provided same was issued from the revenue service’s headquarters in Abuja.

ARCO wrote to FIRS to request the clarification and FIRS responded that the applicable WHT rate was five per cent and not 10 per cent. Upon receipt of the FIRS confirmation, ARCO wrote a letter dated November 6, 2017 to GEION requesting a refund of the excess deductions from its invoices arising from the wrongful application of 10 per cent withholding tax rate as against the statutory rate of five per cent.

Rather than refund the money as requested, GEION acting through its tax consultant, PriceWaterHouseCoopers, wrote another letter to the FIRS requesting a re-confirmation of the FIRS position conveyed vide the said FIRS letter dated November 2, 2017, and further asking how the excess withholding taxes deducted from the claimant should be treated, in the event that the FIRS maintained its position that the applicable

WHT rate was five per cent.

By another letter dated July 26, 2018 the Executive Chairman of the FIRS had responded to GEION’s request and affirmed the statutory WHT rate deductible from the ARCO invoices as five per cent.

More importantly, the Executive Chairman of the FIRS directed GEION to make available to ARCO, all outstanding WHT credit notes issued in respect of all remittances of WHT made on ARCO’s behalf.

The implication of the FIRS clarification was that GEION had over the years been unduly deducting an additional five per cent over and beyond the statutory five per cent on ARCO invoices except for the few invoices mentioned in its letter.

In a recent letter to GEION, the Ministry of Labour and Employment had directed it to honour the agreement to ensure industrial harmony. The letter which was signed by the Permanent Secretary, Federal Ministry of Labour and Employment, William Alo, said its reconciliatory meeting with relevant parties on the dispute had earlier drawn up conclusions which all parties were advised to honour.

Alo, said following the dispute, the ministry on September 24, 2019, had brokered a conciliatory meeting with relevant parties, while also extending invitation to the FIRS. The conclusions reached, according to documents seen by THISDAY, stated that GEION should apply to FIRS and request for the refund of the over-deducted sums paid to FIRS as agreed during the reconciliation meeting; that both GEION and ARCO should go back and within two weeks, reconcile the deductions. It also showed that all tax deductions made by GEION on behalf of ARCO substantiated with documentary evidence, with the objective of remitting to FIRS, but which were not remitted to FIRS, should be refunded to ARCO within three days. After the meeting with the ministry, rather than comply, GEION in a dated October 9, 2019 addressed to the Executive Chairman of the FIRS, had again asked the revenue service to review its records for details of the WHT remittances it made on behalf of ARCO from 2006 to 2008 in naira and dollars in order to enable it close the outstanding balances.

It said it did not have information for the years, and was relying on the FIRS to provide it with the details of the taxes it remitted for the period. “As earlier communicated, we do not have information for those years, and we are relying on the FIRS to provide us with the details of the taxes we remitted for the above period,�

GEION said.

The FIRS on its part, wrote a letter to GEION dated October 17, 2019 wherein it requested it to respect agreement reached with the Federal

Ministry of Labour and Employment.

The letter signed by Dick Irri read: “I draw your attention to your commitment at the held at the Federal Ministry of Labour and Employment wherein you agreed to make request for refund on behalf of ARCO Group. The agreements are clearly summmarsied in the letter by the ministry. “You are therefore requested to immediately respect your commitment by requesting for refund on behalf of ARCO considering the fact that the time agreed has lapsed.�

But ARCO feels that GEION is using tricks to retain its monies which were illegally deducted, using FIRS as a cover. In letter dated November 7, 2019, addressed to the FIRS Chairman, it said the multinational has settled for a strategy of delay, deflect, conflate and confuse tactics in order not to pay the money it has been owing it.

It wondered why GEION would make a payment of N130,387 million to the FIRS in January 2019, when on September 18, 2019, it informed a meeting of PENGASSAN/NUPENG executives that all WHT payments had been made to FIRS and that it was the revenue service that was not doing its work effectively.

In resolving the dispute, observers believe that stakeholders in the oil and gas industry must ensure that GEION is made to do the needful not only in the interest of the sector but the long-suffering workers who need their entitlements for their betterment.

The two labour unions in the oil and gas sector, NUPENG and PENGASSAN, have petitioned the Minister of State for Petroleum Resources, Timipreye Sylva, the Group Managing Director of the Nigerian National Petroleum Corporation (NNPC), Mele Kyari and the Director General of the Department of State Services (DSS), Yusuf Magaji Bichi, over the non-payment of terminal benefits and allowances due to the lingering dispute between General Electric International Operation Nigeria (GEION) and ARCO Group Plc. In a joint letter addressed to the concerned officers and signed by the General Secretary of PENGASSAN, Lumumba Okugbawa, and General Secretary of NUPENG, Olawale Afolabi, the two unions called for the intervention of the minister, NNPC and DSS before the matter snowballs into an industrial crisis. They added that ARCO said its inability to fulfill its obligations to the workers was because of the excess withholding tax deduction made from Arco by GEION. The unions noted that during the intervention of the Federal Ministry of Labour and Employment, it was agreed that ARCO, Federal Inland Revenue Service (FIRS) and GEION should meet and reconcile the figures on the excess withholding tax as alleged by ARCO. They added that GEION and ARCO should conclude the reconciliation in two weeks so the workers could be paid.

The agreement also stated that the sum confirmed by the Lagos State Inland Revenue Service (LIRS) office as having been remitted by GEION, but which is under dispute should be reconciled between GEION and FIRS within two weeks to pave way for further action.

The unions, however, said GEION had not taken the specific steps agreed at the meeting to facilitate the process for ARCO to pay the workers their final entitlements.

They threatened that failure to intervene would leave their members with no other option than go on a nationwide sympathy strike which would paralyse activities in the country. “The patience of our members is at the breaking point as they see their colleagues from ARCO wallowing in deprivation and hardship after toiling for several years due to deliberate ploy od some individuals and organisations to elope with the fruits of the labour. “We, therefore, call on relevant authorities to compel GEION and any other concerned parties in this matter to do the needful for our members to get their final entitlements without further delay; failure of which the unions would be left with no other option but to go on sympathy industrial action nationwide for the entitlement of the workers to be paid,’’ the statement said.

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Derefaka: There is Concrete Plan to Meet Gas Flare-out Target Justice Derefaka, who was recently re-appointed the Programme Manager of the Nigerian Gas Flare Commercialisation Programme, in this interview speaks on effort by Nigeria to achieve its self-imposed target of ending gas flare by 2020. Chineme Okafor presents the excerpts: facilitate business-to-business (B2B) discussions amongst participants.

With your re-appointment as the Program Manager (PM) of the Nigerian Gas Flare Commercialisation Programme (NGFCP), are there going to be new approaches to the program’s implementation?

Yes, there will be some slight, if you like minor modifications as to how we intend to run the programme going forward. The rationality for the modification is principally hinged on the Minister of State, Petroleum Resources, Chief Timipre Sylva’s ‘Next Level Strategic Retreat’ with directors and heads of agencies of the ministry on the 26th September, 2019, At the workshop, the minister unveiled the roadmap of the ministry for the next four years. He also sought and received the commitment of priority areas – one of which is the completion of the Nigerian Gas Flare Commercialization Programme (NGFCP). And, this is predicated on the fact that flared gas could be harnessed to stimulate economic growth, drive investments and provide jobs in oil producing communities and indeed for Nigerians through the utilisation of widely available innovative technologies.

Simply put, we are modifying the implementation process of the NGFCP, at least for the first auction round in what we tagged ‘a strategy refresh, optimisation and reformation of the implementation process of the NGFCP’.

So have you ceded the gas ďŹ elds to preferred investors?

No, we have not yet awarded the flare sites to preferred bidders and/or Permit Holders (PH). As you know, the NGFCP is a high-profile programme – the largest of its kind anywhere in the world, and so we are taking our time to ensure world class delivery with the support of our development partners - the United States Agency for International Development (USAID) through the Power Africa Transactions and Reforms Programme (PATRP), the World Bank Group (WBG) through the Global Gas Flaring Reduction Partnership (GGFR) and the United Kingdom government through their Department for International Development Facility for Oil Sector Transparency and Reform in Nigeria (DFID-FOSTER) Unit. You will recall that over 850 interested parties registered their interest in the NGFCP while 238 applicants submitted Statement of Qualification (SOQs) in response to the Request for Qualification (RfQ) published by the ministry through the NGFCP Programme Management Office (PMO).

A total of 238 SOQ documents were evaluated and adjudged either a ‘pass’ or ‘fail’ status.

Following a rigorous exercise conducted in line with established protocol, 205 applicants emerged successful - attaining a ‘pass status’ and tagged Qualified Applicants – QAs, while the remaining 33 applicants did not meet the minimum requirements and thus attained fail status.

In August 2019, all qualified applicants were invited to attend a workshop in Abuja. At that workshop, the future process of the NGFCP auction was presented and discussed. This was a well-attended event and many points raised by qualified applicants have been taken on board by the NGFCP. All qualified applicants will be eligible to participate in the Request for Proposals (RfP) process which will be issued shortly. We have not yet awarded the flare sites to preferred bidders or PH because there has been a slight delay in the issuance of the RfP owing, principally, to the need to check on the quantities of flare gas that can be made available in the auction. We are hopeful that there will be significant quantities of gas from many flare sites. The RfP document is ready, the suite of commercial documents are close to ready, and the NGFCP portal is being reinforced to handle the significant traffic that is expected from the 205 qualified applicants.

Nigeria voluntarily chose 2020 to end gas are, is that target still possible?

I have said this severally and I will repeat again. The policy position of the federal government of Nigeria is that gas flaring is unacceptable,

Derefaka and the government has initiated a number of actions to reaffirm its commitment to ending the practice of gas flaring in our oil fields.

Specifically, the government has ratified the Paris Climate Change Agreement and is a signatory to the Global Gas Flaring Partnership (GGFR) principles for global flare-out by 2030 whilst committing to a national flare-out target by the year 2020.

So, to respond to your question, yes, we are still within target. The reason is this, unlike other oil and gas projects, we are not looking to constructing long stretch of pipelines for the gas flare out programme. Although pipelines present the most viable option for transporting gas, working with our development partners, we have scrubbed over 40 scalable, containerised, skid mounted/barge type ‘plug and play’ proven technologies in commercial applications, virtual pipeline and compressed natural gas trucks that would be deployed for the NGFCP. All these technologies could be deployed rapidly to site, low footprint, quick and easy tie-in to existing flare lines, simple operation, minimal moving parts and even minimal site preparations. But also have in mind that not all the 178 flare sites that will be taken in 2020. The good thing is that we know that harnessing gas from the top 50 flare points would reduce volume of flared gas by 80 per cent, premised gas flare locations and volumes as the baseline.

There’s a bit of skepticism that the NGFCP will address this perennial gas are and why is it taking so long to ďŹ nalise?

I know right? We have heard that severally from pundits. So here is the thing, the NGFCP has suffered delays, and it is important that there be no further delays that will damage Nigeria’s reputation on the environmental front, threaten the success of the NGFCP, and be a disservice to the people of the Niger Delta, and their economic development. Like I mentioned earlier, we are wrapping up a strategy refresh, that is, a revision to the NGFCP administrative process, including bringing all NGFCP activities under single oversight, will

assist in adherence to a planned timeline by ensuring that there are no unavoidable delays.

Plus, we have communicated to all QAs who are eligible to participate in the RfP process to progress with obtaining their unique identity, sign the confidentiality agreement and submit same to the Department of Petroleum Resources (DPR), make payment for the data prying fee so that once we issue the RfP, we will hit the button for all QAs to be issued with the data access permit by DPR for free.

Recently, you were reported to have held talks with some Americans about the NGFCP and its promises, did you come up with any credible commitment from them?

By my assessment, I think it was a good outing. And many thanks to the Deputy Assistant Secretary, Middle East and Africa of the US Commercial Service in Nigeria that requested that the NGFCP be explained fully at a three-day business forum in Houston, Texas. The dynamic forum gathered together global leaders across the oil and gas, renewable energy, electricity infrastructure, engineering, construction and transportation sectors. And I had the opportunity to hold one-on-one meetings with the US companies and government officials to present opportunities in Nigeria to the US suppliers and project prime contractors looking to grow their business. I also participated in a special roundtable session, ‘Trade Talks-Projects and Deals Forecasts in Sub-Saharan Africa,’ during which I presented concrete opportunities for which I was seeking participation from US companies.

And in the end, the US had indicated interest and sought to know more about the gas flare commercialisation process being packaged by Nigeria. So, we have in our database over 100 US companies – investors, project financiers and technology providers, that have indicated interest to attend the NGFCP bidders’ conference planned for 2020. The NGFCP bidders’ conference was designed for qualified applicants, upstream producers, technology providers, off-takers and financial institutions. It is designed to address all questions raised outside the programme’s Frequently Asked Questions (FAQs) and to

The International Oil Companies (IOCs) in Nigeria, are they committed to the NGFCP - what roles do they have in the program anyway?

The IOCs under the aegis of the Oil Producers Trade Section (OPTS) and the Independent Petroleum Producers Group (IPPG) are on the same page with the federal government of Nigeria regarding the NGFCP. It will interest you to know that both the OPTS and IPPG members have to establish a midstream entity to participate in the NGFCP and bid for their flares hence complying with the NGFCP regulations, that is, the Flare Gas (Prevention of Waste and Pollution) Regulations 2018 approved by Mr. President on the 5th July 2019 to underpin the implementation of the NGFCP. In terms of roles, apart from submitting accurate and investment grade flare data to the DPR, the OPTS and IPPG are aware of multiple requirements to provide data to DPR on their reserves, operations, through legislation and regulation. The regulations also require producers to provide flare gas data as requested by DPR and to DPR within 30 days.

Additionally, the transactional structure of the commercial agreements gives further insight on the role of the producers, that is, the federal government of Nigeria has title and sells flare gas through the Gas Sales Agreement (GSA), the producer produces flare gas and delivers it to Flare Gas Buyer (FGB or permit holder) through a connection agreement. Then the FGB has no guarantees related to gas supply through connection agreement, but this can be provided, to the extent that FGB purchases guaranteed flare gas, through a Deliver or Pay Agreement (DoPA). The three commercial agreements provide a transaction that is bankable.

The fourth commercial agreement – Milestone Development Agreement (MDA) – contains obligations that encourage FGB to maintain a project schedule and with possible sanctions for failure.

I’ll like to know how much conversation you’ve had with communities where the gas ďŹ elds are located and are they part of the NGFCP schedule, and how?

We have actually engaged the communities and still have further plans to continue the interface.

Engagement with the host communities is a continuous process. Recall in April this year, at press conference, the NGFCP Ministerial Steering Committee (SteerCo) activated the 2nd phase of community engagement tagged “Nationwide Public Awareness and Niger Delta Community Awareness and Sensitisation/ Participation Plan (CASP) for the NGFCP. The CASP is to serve as the NGFCP ‘reach and sustainability’ development initiatives for the nation and Niger Delta stakeholders to have an opportunity to participate in shaping gas flare investment programs.

The NGFCP CASP is particularly relevant for the country and in particular in a high-density Niger Delta setting where disturbances related to construction activities are inevitable. The NGFCP sees information disclosure and public awareness as essential for maintaining community and public support and mitigating grievances during this period and that the Niger Delta stakeholder communities are to be made fully aware of the intent, design, schedule, impacts, and overall benefits of the gas flare projects.

These are the narrative that gives credence to the need to create adequate awareness and sensitisation of the key objectives of the programme.

As part of our messaging to the communities, we have also intimated them that any flare gas utilisation projects under the NGFCP will be required to create a Community Development Fund (CDF). This will fund a Community Development Plan (CDP) which will be defined by each project and its related local community, ensuring that local communities directly benefit from the NGFCP.

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Pathway to Improved Power Supply Peter Uzoho writes on efforts by the power generation companies and the distribution companies to put an end to their perennial squabble Since the unbundling of the Nigerian power industry with the emergence of private entities as generation companies (Gencos) and Distribution companies (Discos), there has not been remarkable improvement in the supply of electricity in the country.

However, rather than taking steps to improve the power situation in the country, the power sector investors have instead been enmeshed in more squabbles than envisaged.

Across the country, there is similar song of failure in the lip of Nigerians who seldom enjoy regular and uninterrupted power supply.

The Gencos and Discos have been alleged to be incompetent and inexperienced to operate in the sector and deliver quality services to the country. They have also been described as not having the financial strength needed to invest in their infrastructure which will help to solve the infrastructural problems currently staring them in the face.

The Discos especially, have received the biggest share of the tantrum from the public as they are the closer to the electricity consumers and the last man in the electricity provision chain. Complaints about power outage, estimated and outrageous billing, transformer breakdown, group/illegal disconnection, fake metering, extortion, and staff high handedness are all thrown at them on a daily basis.

However, aside allegations of non-performance, which they (Gencos and Discos) have often defended as arising from unfavourable business conditions, the investors have also been accused of in-fighting and lack of synergy, and this has further helped to cripple the sector.

Instead of collaborating with each other in order to have a common voice and front on issues, the Gencos and Discos rather work at cross purposes. This has led to serial blame game against each other. While the Gencos accuse Discos of not taking enough power as generated by them and not remitting what is due to them in returns, the Discos also allege that the Gencos are not even generating enough power as they claim.

According to the Executive Secretary of Association of Power Generation Companies (APGC), Dr. Joy Ogaji, “for the past five years, there had been bulk passing among power stakeholders within the value chain, each blaming the other for poor electricity supply in the country. “Each player is viewed as a competitor rather than a partner in ensuring the success of the sector. There is need to put efforts and hopefully, if there is synergy across the chain, the issues will be solved. The realisation that if there is a problem with one part of the value chain, it affects the whole chain, is lacking.

There is little or no synergy between the power sector and other interrelated MDAs, such as the Ministry of Finance and the Ministry of Petroleum�.

The situation has kept other players and industry watchers worried and they have been calling on the stakeholders, particularly the investors to work together to achieve a common goal.

Fortunately, the Gencos and Discos seem to

have understood the need for such collaboration between them and are now beginning to sit and talk as a family to save the soul of the nation’s power sector. With the meeting of both parties which has begun, the hope of having a system that can work for the common good of the nation may have rekindled.

Although, they quite agree that the challenge of the sector is enormous, they still believe those challenges are surmountable with cooperation and synergy among them.

Hinting journalists about the meeting during an interview in Lagos, the Group Managing Director of Sahara Power Group and Chairman of Ikeja Electricity Distribution Company Plc., Mr. Kola Adesina, said the players got to understand that the main problem of the sector was lack of system and coordination in the entire value chain of the industry.

Adesina said: “The challenges are many; the first one is that you need to have a system before you can operate. So the value chain, is it coordinating? Is there any handshake in that value system? Is the handshake regular? Where do people drop the balls in this system? Those are issues that need to be resolved. Everything must work harmoniously, consistently, regularly, steadily for you to have electricity. “The joy for me is that we had a meeting last week (fortnight ago) –the Gencos and Discos together, from an ownership perspective. Because like I have said to everybody, in the last six years, I find it very horrendous, to say the least, that the

system is fighting itself. “The value chain can only work to deliver results if they are working together. If they are not working together it will be impossible for you to deliver results that you want.

It’s just like using the football analogy –the midfielder, the attacker, the defender and the goalkeeper must all work together. So if one of them is sleeping on duty, that team cannot win, that’s where we are as a nation�.

Adesina, however, faulted the move by the Transmission Company of Nigeria (TCN) to supply power directly to eligible customers, saying, that was contrary to the system’s anticipation, and was one of the issues discussed at the Gencos-Discos meeting. “Like I said earlier, we had a meeting of investors and that’s one of the issues we discussed. The system never anticipated that a transmission company will supply power to any customer. The job of a transmission company is to give electricity to a distribution company who is empowered and licensed to give electricity to customers. So the moment a transmission company begins to give power directly to the consumer of any nature or form, that is really a problem,� he said.

He also decried the fact that, of the 1,000MW generating capacity of Egbin Power, only 600MW was being utilized, a situation he described as “a system issue�.

However, despite the existing challenges in the system, Adesina said the group would still aggressively go ahead with its plan of

expanding the Egbin Power Plant, noting that “our own view as an organization is not to succumb to problems of society.�

He added: “The desire for us at Egbin is that the new capacity which we are going to build will supply electricity to the distribution company that we are going to sign power with going forward. That way, they can supply to their relevant customers.�

Adesina also disclosed that the group was venturing into the renewable energy space and had signed to work with the United Nations Development Programme (UNDP) to ensure sustainable energy for everyone in Nigeria and everyone in other nations where it has footprints. Meanwhile, confirming the meeting between the Gencos and Discos, the Executive Director, Research and Advocacy, Association of Nigerian Electricity Distributors (ANED), an umbrella body of distribution companies, Mr. Sunday Oduntan, said the meeting and collaboration would translate to better things for the private sector and Nigerians. According to him, “We have always said that there is need for collaboration, cooperation and alignment in the system. Yes, we are talking, we’ll be working together, we’ll be working for Nigerians. That’s a good news and the good news will continue as it will translate to better things for the private sector, that I can assure you. It’s a good development and we’ll continue to collaborate with Gencos, the TCN, so that we can now do the best for Nigeria. That’s what we are doing�.

Firm Trains Youths on Emergency Response Techniques Peter Uzoho Falck Prime Atlantic, an oil and gas training company, has offered emergency response training to youth from Oshodi area of Lagos, to prepare them to be able to save lives during emergencies.

The youths were part of the 400 beneficiaries targeted to be trained by the organisation under its Basic First Aid/Cardiopulmonary Resuscitation Scheme 2019, with the tag: “Saving Lives,

One Nigerian at a time.�

The training, practically delivered by a health/ emergency response expert, with the aid of special mannequins, taught the participants step by step method of reviving an unconscious or lifeless patient while waiting for the appearance of a doctor.

Speaking at the training recently, the Manager, Marketing and Corporate Communications, Falck Prime Atlantic, Ms Ad-

eronke Adebanjo, said the firm went into such services to fill a gap it identified in Nigeria, explaining that in workplaces and crowded areas, a lot of people do not know what to do when someone collapses and becomes unconscious or lifeless.

She said: “We want to solve that problem; we want to change that narrative even if it is in a very small way. What we are doing is going across different areas and industries; we

were at CMS to train a lot of bus drivers, we were at Iporin market, we trained some of the market traders there. “We have also done training for domestic staff, we hope to do celebrities, students, NYSC youth copers, and all kinds of industries because we want to reach as many people across the different socio-economic strata. Now we have decided that we will also train the youths in Lagos, beginning from Oshodi. This is a training

that costs a lot of money to do, but this is part of our CSR for 2019.�

Commenting on the programme with hearty appreciation to Falck Prime Atlantic, one of the participants, Mr. Davidson Jegede, said: “The programme is a fantastic one, it will really help us to be able to lives in the future. The purpose of this seminar is to save life and I’ve learnt a lot. Having learnt it today, we too can also impact on others who

are not here to partake in the training. “The seminar is free, they didn’t collect any money from us. It’s just a free training to enable us know what to do during accident, when someone has heart attack, when someone is unconscious, and things like that. So we thank them for doing this, they are doing a wonderful job for the society. If they can be taking it to other local government areas, it will be more fantastic.�

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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×

Enugu State Governor, Rt. Hon. Ifeanyi Ugwuanyi (right) being welcomed by the Catholic Bishop of Enugu Diocese, Most Rev. Callistus Onaga (left), during the 95th anniversary celebration of Bigard Memorial Seminary, Enugu, With them are the State Deputy Governor, Hon. Mrs. Cecilia Ezeilo (2nd left) and the Government House Chaplain, Rev. Fr. Chinedu Ozoude. in Enugu..recently

L-R: Associate Director, Design Genre Limited, Mr. Dayo Oduleye; winners of competition: Oderinde Adeola and Ariyo Bidemi; Project Architect, Design Genre Limited, Godspower John; and Lecturer, Department of Architecture, Obafemi Awolowo University (OAU), Ile-Ife, Prof. Dolapo Amole, during a cheque presentation to the winners of the competition sponsored by Design Genre at OAU Campus, Ile- Ife, Osun state... recenlty

L-R; Wife of Deputy Medical Director, Olufunmilayo Bankole; Wife of Lagos State Governor, Dr. Ibijoke SanwoOlu; Wife of Medical Director, Moji Olarewaju, and Medical Director/Chief Executive oďŹƒcer, Mother and Child Hospital, Dr Raphael Olarewaju, during the inauguration of new building of the Hospital in Lagos...recently

L-R: Chief Executive OďŹƒcer & Managing Director, Airtel Nigeria, Mr. Segun Ogunsanya; Chairperson Governing Council, Grange School, Mrs. Awuneba Ajumogobia; Former Parent, Grange School, Mrs. Bola Awolowo; Executive Director, Nigerian Export Promotion Council (NEPC), Mr. Segun Awolowo, and Grange School Alumnus & Group Managing Director, CMC Connect Limited, Yomi Badejo- Okusanya, at the 60th Anniversary Fundraising Gala/Unveiling of the School ‘5 Campaign’ themed ‘Unfolding The Future’ held at MUSON Center Lagos...recently

L-R; General Manager, ZamZam Pullman Hotel Makkah, Hamid Sidine; Forrmer Nigerian Ambassador to Sudan and designated representative of the Murshid, Abuja National Mosque, Ambassador Haliru Shuaib and Cluster Director of Sales and Marketing, ZamZam Pullman Hotel, Makkah & Madina, Ayman Elykayssouni during the visit of the management of Zamzam Pullman to stakeholders in Abuja...recently

L-R: Ekiti State First Lady, Erelu Bisi Fayemi; Alara of Ilara-Mokin, H.R.M. Oba Abiodun Aderemi Adefehinti; his wife, Olori Tadeni Adefehinti; and the Vice-Chancellor, Elizade University, Prof. Olukayode Oladipo Amun at the commissioning of the new Palace of Alara of Ilara-Mokin as part of activities marking the 40th Mokin Day Celebration in Ilara mokin, Ondo State...recently

L-R: Director, Finance & Account, NAPTIN, Mr. Adams lsreal; Group Head, Human Resources, Sahara Power Group, Ms lvie lmasogie Adigun; Director-General, NAPTIN, Mr. Ahmed Nagode and Group Managing Director, Sahara Power Group, Mr. Kola Adesina during the graduation ceremony of Sahara Power Group young engineers at NAPTIN Training Centre, Surulere, Lagos...recently PHOTO: ABIODUN AJALA

L-R: Head of Marine, National Inland Waterways Authourity (NIWA), Engineer Stanley Onuoha; Area Manager, NIWA, Engineer Sarat Brahima; Head of Inspection, Lagos State Waterways Authourity (LASWA) Engineer Sunday Keme; President, Barge Operators Association of Nigeria (BOAN) Mr Edeme Kelikume and Representative of General Manager Security ,Nigeria Ports Authourity ( NPA ) Mr Bukar Kaumi, during the Barge Operators Association of Nigeria (BOAN) Safety Workshop in lagos...recently

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T H I S D AY ˾ TUESDAY NOVEMBER 19, 2019

PROPERTY & ENVIRONMENT GPP Remodels Pacific Lagos, to Offer More Value Bennett Oghifo

G

lobal Property Partners (GPP), a subsidiary of leading Premium Real Estate Developer, Cavalli Business & Investment Group, is remodeling its landmark The Pacific Lagos Project on Ozumba Mbadiwe Street, Victoria Island, Lagos.

According to a statement

by GPP, the modifications were made in line with the Company’s vision of having a Best-in-Class mixed-use Real Estate Development in Nigeria, as well as the specifications of some of the subscribers to the iconic Twin Towers.

“The Pacific Lagos is now bigger, even better and offers more value”, said the CEO of GPP, Mr. Emmanuel Odemayowa, adding that, “in place of the former design, what we now have are two distinct luxury towers- One with 10 suspended floors of Premium Office space for Commercial use, as well as 12 floors of exclusive hotel apartments for residential purposes”.

The Company also said it is on track to complete the project on schedule, given the resources already committed and the progress they

had made with preliminary Engineering, Procurement and Construction works on the Project.

“We have assembled a team of experienced, world-class professionals to ensure the Pacific Lagos meet the very exacting standards envisaged by our Clientele in terms of quality, expertise and the cutting edge facilities we have outlined for Pacific Lagos”, said Mr. Odemayowa. He further acknowledged that the market reception to the Project has been enthusiastic.

Among the remodeled facilities in the Pacific Lagos is the Recreational Floor which has been expanded and moved to the third floor for both Towers with facilities meant to enhance the “Work.

Live.Play” Concept of Pacific Lagos.

The facilities on the Recreational Floor include large Terrace Space for Outdoor Relaxation for both Office and Residential Occupants, a well equipped gymnasium, Restaurants & Bar, Shops and generous space for various Indoor Games.

“Also, the 10 Office Floors on Pacific Lagos are designed for Optimal Efficiency, Functionality and Convenience in one of the most strategic

Architectural impression of Pacific Lagos locations in Lagos,” continued Mr. Odemayowa, adding that the 12 floors of Residential Space comprise 1 and 2 Bedroom ensuite Hotel Apartments modelled on five-star hospitality accommodations.

He also said the new highrise project was in line with the Cavalli Group’s vision of helping to reduce Nigeria’s severe housing deficit through the development of real estate modelled on international

standards, adding that the Group had completed various real estate projects across Lagos.

GPP also said it had designed a number of Innovative packages for investment in

Pacific Lagos, among which was the Pacific Mutual Investment Plan, a product introduced that offers flexible investment options for the Pacific Lagos from as low as N5 million.

Technology Makes it Easier for SMEs to Do Business in Africa Soromfe Uzomah The 2020 World Bank Doing Business report was recently released, and shows the overall business climate in subSaharan Africa is steadily improving. Looking at the ease of starting and maintaining a business, the region as a whole improved one percentage point over the last year, with a few standout countries. Mauritius and Rwanda rank among the top 20 countries globally, while Nigeria and Togo are among the top global improvers.

In the last year, countries across the region implemented 73 reforms, removing certain red tapes and obstacles for SMEs. While this is positive development, sub-Saharan Africa is still classified as a weak-performing region overall, with an average ease of doing business score of 51.8 – below the global average of 63.0.

Small businesses continue to battle with challenges including unreliable electricity, property registration, tax payment and debt management. But one trend is clear: As levels of internet access, technology adoption and digital innovation improve, so do many of these challenges.

The enabling power of technology The use of online systems for tax filing, for instance, improved the ease of doing business

scores in Côte d’Ivoire, Kenya, Mauritius and Togo.

Nigeria also introduced the e-payment of trade fees, reducing the time to import and export, and an online platform for registering businesses, strengthening its ranking. Globally, markets that scored the highest in the report all have widespread use of electronic platforms.

Digital platforms are able to more quickly process and streamline administrative tasks, giving SMEs back precious time and money to focus on doing, and growing, business. Removing the burden of paperwork and long queues also has an incredible motivating factor. When the Kenya Copyright Board worked with Microsoft to develop an online, automated platform to help SMEs register intellectual property (IP), registrations increased by 100 percent. Additionally, one study found that the knock-on effect of increased IP registration is economies that are 26 per cent more competitive and twice as likely to produce and export complex, knowledgeintensive products.

SMEs are eager to adopt these digital services to improve their productivity.

In South Africa, The State of Small Business report found that 78 per cent of small businesses surveyed choose accounting software to manage their financial records.

Foundations of access needed But, the same report found that more than half of SMEs list internet access as their principal obstacle to adopting technology. The accessibility and success of these digital platforms depends on reliable access to electricity and the internet.

In terms of connectivity, many African countries are still below the 20 per cent critical mass necessary to achieve improved efficiencies and information flows for economic growth and innovation.

To tackle this, more investments into reliable infrastructure are needed.

However, while infrastructure develops, innovation can help to bridge the gap.

In Nigeria, ICE Commercial Power has introduced an off-grid, solar-powered solution to connect 10,000 SMEs to electricity. The solar grids are linked to a Microsoft cloud-computing

platform, which enables remote maintenance of the equipment (reducing any downtime) and lets SMEs manage and pay for their electricity use as they go. Similarly, in Kenya, Mawingu Networks has introduced Wi-Fi hotspots run on solar-powered base stations, connecting some 600 SMEs in Nanyuki to high-speed, low-cost internet.

An ecosystem for growth and development While governments can play a leading role in building supportive business climates for SMEs, the responsibility doesn’t sit solely with them. Public and private sector organisations can collaborate on building an enabling ecosystem, where private-sector innovation and services are backed by public-sector policy to accelerate growth.

Recently, the United

Kingdom took regulatory action by forming the Banking Competition Remedies Ltd, which administers funding directly to financial institutions that address SME needs. While this action was specific to the banking industry, it’s a great example of public-private collaboration to learn from. Africa’s market for digital solutions targeting SMEs is vibrant.

In East Africa, Africa 118 provides directory and marketing services to SMEs, while Popote Payments supports budgeting, expenditure tracking and accounting. In West Africa, SpacePointe helps SMEs build affordable online marketplaces and ecommerce strategies. Finally, FirstBank, Vodacom (and soon to be Jumia) have all partnered with Microsoft to offer a discounted package of technology and educational resources to their SME customers.

While the private-sector has historically taken the lead investing in these kinds of solutions, the United Kingdom example demonstrates ways the public sector can get involved, encouraging innovation that benefits small business growth.

The shared benefits of supporting small businesses are numerous.

Governments benefit from boosted economies and job creation. Private-sector businesses attract a large and lucrative consumer base. And SMEs are able to access the resources they need to succeed. Key to this collaboration will be involving SMEs very much in the innovation and policy-making process – ensuring their needs are meaningfully heard, and met.

-Soromfe Uzomah is Head of Strategic Partnerships at Microsoft 4Afrika

Lagos Condemns Unauthorised Conversion of Residential Property to Religious Use Bennett Oghifo Lagos State government has condemned the conversion of residential property to religious use, as it seals some Churches and Mosques across the state, citing persistent environmental pollution and disruption of peaceful co-existence of residents.

The General Manager of the Lagos State Environmental Protection Agency, (LASEPA), Dr. Dolapo Fasawe said “the illegal and unauthorised conversion of residential properties for religious use without recourse to the wellbeing of other

residents and the state of the environment is of great concern to the present administration under the Governor, Mr. Babajide Olusola Sanwo-Olu,” according to a statement by the Chief Press Affairs Officer of Bola Ajao.

Some of the facilities listed as sealed in the statement are located at; 68, old Otta Rd, Orile Agege, 4, Ademola Oshinowo Off love all Str, Ketu, Dele Amuda Street, Lekki, 17, Ajileye Str, Ilaje Bariga, 39, Kusenla Road Elegunshi, Ajayi Bembe Str. Abule Oja Yaba, among others.

Fasawe explained that for the sealed worship centres to be reopened, the lead-

ers of these organisations must reach an agreement of compliance with the Agency and also satisfy other necessary conditions as may be prescribed by LASEPA. She further warned ownership and management of sealed off properties “to desist from unsealing same behind the government as serious consequences awaited such unlawful act.”

The government said a noiseless Lagos is non-negotiable, as it sealed the eight religious facilities last Saturday with it joined in the global commemoration of the 2019 United Nations International Day of Tolerance.

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BUSINESS/MONEYGUIDE

AMCON Takes over Ex-minister’s Assets Over N1bn Debt Nume Ekeghe Following the order of Hon. Justice Chuka Austine Obiozor of the Federal High Court, Lagos, the Asset Management Corporation of Nigeria (AMCON) has taken over two properties belonging to Hon. Ademola Seriki, in Lagos and Abuja, over outstanding debts of about N1 billion.

A statement explained that the case between AMCON and Seriki, who was a former Minister of State for Defence as well as a former Supervising Minister for Mines and Steel Development have been lingering for a while now. “Ideally, AMCON does not in

the first instance resort to the courts except when the obligor defiles all overtures from the corporation for a peaceful resolution of an obligation. “But the case between AMCON vs Ademola Seriki eventually ended up in court because all efforts made by AMCON to have the issue resolved peacefully did not yield the desired result,� the statement explained. It stated that the corporation pursued justice in court and in compliance to the order of the court of competent jurisdiction. Owing to this, through Oak Partners, that works for the corporation as one of the Asset Management Partners (AMPs) having also received protective orders from the court, the corpora-

tion stated that it took possession of the said properties belonging to the former minister. “The affected properties include the that is located at No. 1a & 1b, Jalupon Close, Surulere, Lagos and another at No. 4, Djibouti Crescent, a high-brow area of Wuse 2, Abuja. “The Non-Performing Loans (NPLs) of Ademola Seriki was sold to AMCON by the defunct Oceanic Bank and Skye Bank. When all efforts to amicably resolve the loan was frustrated by the former minister and a prominent member of the ruling All Progressive Congress (APC), the corporation was left with no other choice than to defer the matter to court.

OPay Gets CBN’s Approval for International Money Transfer Services Mary Nnah OPay, a provider of payment, a ride-hailing company, food delivery and loan services firm, has been granted approval by the Central Bank of Nigeria (CBN) to commence international money transfer services in Nigeria.

With the approval, OPay will start facilitating remittance business to business, business to person and person to person remittance services into Nigeria.

This is coming on the heels of the earlier announced $50 million the company raised from major venture capitalist some months ago. “The plan is to distort the remittance space and ensure that international money transfer into Nigeria is safer, faster and

more affordable,� Director of Remittances Services at OPay, Kunle Olamuyiwa said. “With OPay’s infrastructure in Nigeria, it will be easier and faster for global remittance companies to partner with OPay to help their customers to receive money from their business partners, customers and loved ones directly into their OPay wallet and any bank account or mobile wallet in Nigeria. Also, recipients can go cash out their funds from their OPay wallets at any of over 100,000 OPay mobile money agents in Nigeria. “We are already working with major global remittance companies around the world and will start facilitating remittances to Nigeria with these partners, ensuring the best fees and exchange rates, speed

and security,� Olamuyiwa added.

When asked how this would benefit the recipients of money transfers in Nigeria, Olamuyiwa said: “There is a plan to commence a big-bang promo in December with lots of prices for recipients of money transfer who receive their money directly into their OPay wallets. “I can only advise everyone who has families around the world to get an OPay Wallet. They will get better value for these funds doing transfers to any bank, paying their bills, buying food and also using our on-demand transport services i.e. Oride, OBus and Otrike. And on top of all, they can channel unused funds to OWealth and earn interest on it daily.

FCTA Partners Firm on Taxi Drivers’Graduate Scheme Olawale Ajimotokan Ă“Ă˜ ĂŒĂ&#x;ÔË The FCT Administration and its partners are set to pioneer the country’s first taxi drivers’ graduate scheme.

The Managing Director of MTI Taxi Limited, Alfred Ajagbe, disclosed this during the launch of the Safe, Functional and Efficient Transport Policy in Abuja, by the FCT Minister, Muhammad Bello.

Ajagbe, said the company had acquired 23 brand new cars for the scheme. The initiative was to encourage graduates to become self- employed.

The partnership is a collaboration with an organ of FCTA, the Abuja Enterprise Agency (AEA), which recruited, took biometrics and trained the graduates on

business management. The graduates, according to him, are going to drive the cars as driver owners. “The scheme is cashless, which means there is integrity in collection of money that passengers are paying so they are going to pay back effectively the cost of the car, make their own income and after a few years they can even ask for another car, so our plan is in the next few years, they can even own a fleet. “We have another scheme for people from outside who may be able to buy five to 20 cars, add it to our fleet, we take over the vehicle and we manage the business for them,�

Ajagbe said.

He added that the vehicles

would solely ply Abuja and are fully insured.

They also have trackers in them. Similarly, he said the colour is licensed by Transport Secretariat of the FCT, adding that the pronouncement of FCT Minister that unpainted taxis will be licensed as long as they are regulated, is welcome. “We have been fighting on that, if you give us restrictions that we must have comfortable taxis that are air conditioned, that are available to everybody, somebody is doing business in Lagos, is coming to Abuja, he takes a taxi to Federal Secretariat they said he cannot enter, he takes to a hotel he cannot enter, it doesn’t make sense�, Ajagbe noted.

Egunjobi Nominated for Entrepreneurship Award The Founder-CEO, Paper Craft-I-impact Product Services Limited, a thermal paper roll manufacturing plant and digital payment solutions company in Lagos, Goke Egunjobi, has been nominated for the AMBA MBA Entrepreneurship Venture Award (Private Sector) 2020.

Egunjobi, is a digital payment professional with vast experience across technology solutions and products development, sales and business development and high level people management skills.

He started his career as the Debit Card Product Manager, First City Monument Bank

in Nigeria after his post after his postgraduate degree from University of Bedfordshire.

Business School Luton in 2004.

Having developed the Debit Card product, he was headhunted to BankPHB to develop the Virtual Digital Channels for BankPHB and was promoted the Head, Digital Virtual-Channels of BankPHB. He spent some time too in Stanbic IBTC as the Manager, Self-Service Digital Channels before taking up a role as General Manager, Product & Sales of iPartners (a Cisco Gold Partner), Senior Account Manager for

Resourcery Plc where he acquired enormous experience in building and selling IT/E-business solution businesses. He left Resourcery for Enterprise Bank where he led as the Head E-Channels & Mobile Money for Enterprise Bank Plc, spearheading the development of Digital electronic channels as alternative channels for delivery of banking services through ATM, PoS, Mobile, Internet Banking.

He has a B.Sc Computer Science from University of Ado Ekiti- Ado Ekiti, Ekiti State Nigeria and M.Sc E-Business Management from the Luton Business School, England.

L-R: General Manager, Sales and Marketing, Phase3 Telecom, Mr. Abiodun Bamidele; Head, Corporate Aairs Dept. NIGCOMSAT, Mr. Adamu Umar Idris; Managing Director, NIGCOMSAT, Mrs. Bimbo Alale, and CEO, Phase3 Telecom, Mr. Stanley Jegede, at the just concluded AfricaCom 2019 Conference, held in Cape Town, South Africa‌recently

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

Ëž Ă™Ă&#x;ĂœĂ?Ă? Ě‹

Money Market Indicators (in Percentage) Month

March 2018

Inter-Bank Call Rate

15.16

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

14.00

Treasury Bill Rate

11.84

Savings Deposit Rate

4.07

1 Month Deposit Rate

8.82

3 Months Deposit Rate

9.72

6 Months Deposit Rate

10.93

12 Months Deposit Rate

10.21

Prime Lending rate

17.35

Maximum Lending Rate

31.55

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

OPEC DAILY BASKET PRICE Ëœ ÍŻÍł Ͱ͎ͯ͡

The price of OPEC basket of fourteen crudes stood at $63.12 a barrel on Friday, compared with $63.00 the previous day, according to OPEC Secretariat calculations.

The OPEC Reference Basket of Crudes (ORB) is made up of the following: Saharan Blend (Algeria), Girassol (Angola), Djeno (Congo), Oriente (Ecuador), ZaďŹ ro (Equatorial Guinea), Rabi Light (Gabon), Iran Heavy (Islamic Republic of Iran), Basra Light (Iraq), Kuwait Export (Kuwait), Es Sider (Libya), Bonny Light (Nigeria), Arab Light (Saudi Arabia), Murban (UAE) and Merey (Venezuela).

SOURCE: OPEC headquarters, Vienna

33

T H I S D AY Ëž ÍŻÍˇËœ Ͱ͎ͯ͡

MARKET NEWS

All-Share Index Sheds 0.6% as Bears Reclaim Equities Market Control Goddy Egene The equities market opened for the week on a negative note yesterday after recording a major recovery last week. The market had gained 2.04 per cent last week, the highest weekly gain since August 23, 2019.

However, contrary to expectations that the growth, which was propelled by a shift to the equities market after the Central Bank of Nigeria (CBN) barred local investors from participating

in its Treasury bill auctions, would be sustained, the market declined yesterday.

Specifically, the Nigerian Stock Exchange (NSE) All-Share Index (ASI) fell 0.60 per cent to close lower at 26,375.35, while market capitalisation shed N189.1 billion to be at N12.88 trillion.

Activity level was also negative as volume traded declined 33 per cent to 308 million shares while value traded dropped 54 per cent to N2.53 billion. The most active stocks by volume

P R I C E S MAIN BOARD

F O R

DEALS

were UAC of Nigeria Plc (102.54 million shares), Zenith Bank Plc (29.44 million shares) and UBA (20.80 million shares) while UACN (N636.15 million), Zenith Bank Plc (N555.83 million) and Dangote Cement Plc (N237.98 million) led by value.

Wema Bank Plc led the price losers for the day, shedding 7.8 per cent, trailed by FCMB Group Plc with 7.5 per cent.

Caverton Offshore Services Group Plc depreciated by 7.4

S E C U R I T I E S

MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N )

per cent, while Access Bank Plc and Ecobank Transnational Incorporated went down by 6.6 per cent apiece. Okomu Oil Palm Plc and Transcorp Plc lost 5.5 per cent each.

On the other hand, Neimeth International Pharmaceuticals Plc led the price gainers with 10 per cent, trailed by Jaiz Bank Plc with 9.8 per cent. The noninterest bank posted a highly improved results of the nine months ended September 30, 2019. The financial institution

T R A D E D MAIN BOARD

A S

grew its total income by 49.2 per cent from N5.14billion in the corresponding period of 2018 to N7.7billion while earning per share improved by 670.9 per cent, from N0.55 to N4.24.

Profit before tax increased by 509 per cent from N241.3 million to N1.47billion, while net profit jumped by 672 per cent from N161.7 million to N1.25 billion.

Managing Director of Jaiz Bank Plc,Mr. Hassan Usman

O F

had said the results further demonstrated that the bank has the capacity to grow sustainably in line with its strategic vision of becoming the leading noninterest bank in sub-Saharan Africa by 2022.

He assured stakeholders that while maintaining steady focus on elements that contributed to improved performance thus far and barring unforeseen circumstances, this trend would be improved upon in the remaining period of the financial year.

1 5 / 1 1 / 2 0 1 9 DEALS

MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N)

34

TUESDAY NOVEMBER 19, 2019 •T H I S D AY

35

TUESDAY, NOVEMBER 19, 2019 ˾ T H I S D AY

MARKET NEWS

Seplat Gets New CEO as Avuru Retires after 10 Years of Service Goddy Egene Seplat Petroleum Development Company Plc yesterday announced that its its pioneer managing director/CEO, Mr. Austin Avuru will be retiring in July 2020 after 10 years of leading the company.

He will be succeeded by the Mr. Roger Brown, who is currently

the chief financial officer(CFO).

Seplat said in a statement that in these 10 years, Avuru led the development of a strong organisation, the deployment of agile systems, processes and stakeholder relationships that allowed the organisation to grow rapidly from a gross production of 22,700boepd as at December 2010

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

to peaks of 111,368boepd gross production as at December 2018 through major drilling campaigns and major new Oil and Gas plants development.

The board of Seplat expressed gratitude to Avuru for the accomplishments and is looking forward to his continued service at the board level.

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 15Nov-2019, unless otherwise stated.

According to the company, it plans to position itself for a next phase growth ambition which would see the expansion of its footprint in terms of energy business activities, a plan to pursue offshore assets as well as opportunity driven entry into different geographies.

“The company believes that

such a corporate transition would require a different kind of organisational structure, people skills set and mentality to compete well in the expanded space.

In view of this, Seplat will be reviewing its current organizational and systems structure,” it said.

Meanwhile, Brown is bringing to the CEO role, a deep knowledge

of the company in his six years as the CFO and a member of the board.

“He has strong financial, commercial and merger and acquisition (M&A) experience as well as proven people skills which will be an asset as the company embarks on the next phase of its growth plan,” Seplat said.

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 0.89 0.90 5.65% ACAP Income Funds 0.76 0.76 34.11% 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 12.01% AIICO Balanced Fund 2.41 2.45 8.69% 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 14.66 15.11 -11.61% ARM Discovery Fund 337.08 347.25 -5.48% ARM Ethical Fund 28.50 29.36 0.92% ARM Money Market Fund 1.00 1.00 11.61% AXA MANSARD INVESTMENTS LIMITED investmentcare@axamansard.com Web: www.axamansard.com; Tel: +2341-4488482 Fund Name Bid Price Offer Price Yield / T-Rtn AXA Mansard Equity Income Fund N/A N/A N/A AXA Mansard Money Market Fund N/A N/A N/A CAPITAL EXPRESS ASSET AND TRUST LIMITED info@capitalexpressassetandtrust.com Web: www.capitalexpressassetandtrust.com ; Tel: +234 803 307 5048 Fund Name Bid Price Offer Price Yield / T-Rtn CEAT Fixed Income Fund N/A N/A N/A CHAPELHILL DENHAM MANAGEMENT LTD investmentmanagement@chapelhilldenham.com Web: www.chapelhilldenham.com, Tel: +234 461 0691 Fund Name Bid Price Offer Price Yield / T-Rtn Chapelhill Denham Money Market Fund 100.00 100.00 11.93% Paramount Equity Fund 12.35 12.46 4.60% Women's Investment Fund 110.46 111.14 6.66% 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 11.87% Cordros Milestone Fund 2023 98.39 99.14 Cordros Milestone Fund 2028 100.61 101.54 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 10.94% Coronation Balanced Fund 0.91 0.92 6.52% Coronation Fixed Income Fund 1.32 1.32 17.74% EDC FUNDS MANAGEMENT LIMITED mutualfundng@ecobank.com Web: www.ecobank.com Tel: 012265281 Fund Name Bid Price Offer Price Yield / T-Rtn EDC Nigeria Money Market Fund Class A 100.00 100.00 11.25% EDC Nigeria Money Market Fund Class B 1,000,000.00 1,000,000.00 10.82% EDC Nigeria Fixed Income Fund 1,173.58 1,178.85 17.68% FBNQUEST ASSET MANAGEMENT LTD invest@fbnquest.com Web: www.fbnquest.com/asset-management; Tel: +234-81 0082 0082 Fund Name Bid Price Offer Price Yield / T-Rtn FBN Fixed Income Fund 1,246.59 1,247.43 16.86% FBN Balanced Fund N/A N/A N/A FBN Money Market Fund 100.00 100.00 11.77% 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 128.01 129.66 -14.66% FCMB ASSET MANAGEMENT LIMITED fcmbamhelpdesk@fcmb.com Web: www.fcmbassetmanagement.com; Tel: +234 1 462 2596 Fund Name Bid Price Offer Price Yield / T-Rtn Legacy Money Market Fund 1.00 1.00 11.01% Legacy Debt Fund 3.61 3.61 11.24% Legacy Equity Fund 1.08 1.10 -11.57% Legacy USD Bond Fund 1.08 1.08 4.44% 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 3,025.04 3,056.09 1.37% Coral Income Fund 3,057.49 3,057.49 11.56% FSDH Treasury Bills Fund 100.00 100.00 12.55% GREENWICH ASSET MANAGEMENT LIMITED assetmanagement@gtlgroup.com Web: www.gtlgroup.com ; Tel: +234 1 4619261-2 Fund Name Bid Price Offer Price Yield / T-Rtn Greenwich Plus Money Market Fund N/A N/A N/A Nigeria Entertainment Fund N/A N/A N/A GROWTH & DEVELOPMENT ASSET MANAGEMENT LIMITED assetmanagement@gdl.com.ng Web: www.gdl.com.ng ; Tel: +234 9055691122 Fund Name Bid Price Offer Price Yield / T-Rtn GDL Money Market Fund N/A N/A N/A

INVESTMENT ONE FUNDS MANAGEMENT LTD enquiries@investment-one.com Web: www.investment-one.com; Tel: +234 812 992 1045,+234 1 448 8888 Fund Name Bid Price Offer Price Yield / T-Rtn Abacus Money Market Fund 100.00 100.00 11.04% Vantage Balanced Fund 2.18 2.21 1.22% Vantage Guaranteed Income Fund 1.00 1.00 13.41% Kedari Investment Fund (KIF) 140.85 140.99 12.72% 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 1.15 1.17 4.77% Lotus Halal Fixed Income Fund 1,110.18 1,110.18 11.45% 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 10.07 10.17 -5.92% Meristem Money Market Fund 10.00 10.00 10.84% 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 1.35 1.37 9.26% PACAM Fixed Income Fund 12.25 12.30 9.41% PACAM Money Market Fund 10.00 10.00 13.34% PACAM Equity Fund 1.06 1.06 PACAM EuroBond Fund 102.44 104.46 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 127.72 129.17 6.14% SFS CAPITAL NIGERIA LTD investments@sfsnigeria.com Web: www.sfsnigeria.com, Tel: +234 (01) 2801400 Fund Name Bid Price Offer Price Yield / T-Rtn SFS Fixed Income Fund 1.02 1.02 12.29% 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 2,446.31 2,457.52 5.65% Stanbic IBTC Bond Fund 208.59 208.59 12.07% Stanbic IBTC Ethical Fund 0.84 0.85 -11.05% Stanbic IBTC Guaranteed Investment Fund 271.22 271.31 11.77% Stanbic IBTC Iman Fund 144.34 145.71 -11.60% Stanbic IBTC Money Market Fund 100.00 100.00 11.11% Stanbic IBTC Nigerian Equity Fund 7,457.65 7,536.87 -12.21% Stanbic IBTC Dollar Fund (USD) 1.15 1.15 6.36% Stanbic IBTC Shariah Fixed Income Fund 101.51 101.51 0.00% UNITED CAPITAL ASSET MANAGEMENT LTD Web: www.unitedcapitalplcgroup.com; Tel: +234 803 306 2887 Fund Name Bid Price Offer Price Yield / T-Rtn United Capital Balanced Fund 1.17 1.19 -0.17% United Capital Bond Fund 1.72 1.72 15.99% United Capital Equity Fund 0.65 0.67 -11.23% United Capital Money Market Fund 1.00 1.00 11.53% United Capital Eurobond Fund 110.94 110.94 8.26% United Capital Wealth for Women Fund 1.07 1.07 5.78% 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 10.02 10.17 -11.17% Zenith Ethical Fund 11.41 11.59 -8.82% Zenith Income Fund 22.64 22.64 12.02% Zenith Money Market Fund 1.00 1.00 10.35%

REITS NAV Per Share

Yield / T-Rtn

5.40 118.22 53.38

-44.85% 6.36% 3.17%

Bid Price

Offer Price

Yield / T-Rtn

7.99 89.64 70.62

8.09 91.58 71.95

-19.43% -20.80% -17.71%

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

3.65 4.84 11.87 10.94 160.71

3.69 4.92 11.97 11.14 162.71

-8.77% -36.28% -18.72% -11.41% 20.87%

NAV Per Share

Yield / T-Rtn

108.40

17.40%

INFRASTRUCTURE FUND Fund Name Chapel Hill Denham Nigeria Infrastructure Debt Fund

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

36

TUESDAY NOVEMBER 19, 2019 ˾ T H I S D AY

NEWSEXTRA

Falana: N’Assembly Lacks Legislative Competence to Pass Hate Speech Bill Calls for prosecution of electoral offenders Udora Orizu in Abuja Human rights activist and Senior Advocate of Nigeria (SAN), Mr. Femi Falana, has stated that the National Assembly lacks legislative competence to pass the Hate Speech Bill.

Falana has also tasked various Civil Society Organisations (CSOs) to ensure that electoral offenders in the just-concluded Kogi and Bayelsa states gubernatorial elections are brought to book The senior lawyer, in a statement issued yesterday, argued that the power of the National Assembly to make laws for the peace, order and good government of the federation of any part thereof cannot be

exercised at large.

“By virtue of Section 4 of the Constitution, the power of the National Assembly to make laws is limited to matters in the Exclusive Legislative and Concurrent Legislative Lists. To the extent that hate speech bill is not covered by both Legislative Lists the National Assembly cannot pass any Hate Speech Bill,” he said.

He further argued that since Nigeria is operating a federal system of government the Supreme Court of Nigeria had declared in a number of cases that the National Assembly lacks the constitutional powers to make laws outside its legislative competence, which are by implication residual matters meant for the Houses of

Assembly of the states.

According to him, the Hate Speech Bill is an attempt to encroach on the legislative autonomy of the state governments.

“However, it is pertinent to point out that the Penal Code and Criminal Code applicable in the northern and southern states respectively have made provisions for hate speech because it is a state offence. Hence, the House of Assembly of each of the state has enacted laws against incitement, false accusation, sedition and criminal defamation,” he explained.

The senior lawyer recalled that the sedition and seditious publications have been declared

illegal and unconstitutional in the case of Arthur Nwankwo v The State (1985) 6 NCLR 228.

In that case Olatawura JCA (as he then was) held: “We are no longer the illiterates or the mob society our colonial masters had mind when the law was promulgated…To retain S. 51 of the Criminal Code, in its present form, that is even if not inconsistent with the freedom of expression guaranteed by our Constitution will be a deadly weapon to be used at will by a corrupt government or a tyrant…Let us not diminish from the freedom gained from our colonial masters by resorting to laws enacted by them to suit their purpose”...

Meanwhile, Falana has tasked various Civil Society Organizations (CSOs) to ensure that electoral offenders in the just-concluded Kogi and Bayelsa states gubernatorial elections are brought to book.

Falana said this while giving his remarks at press a conference on the November 16, 2019 governorship elections in Kogi and Bayelsa States organised by the Centre for Democracy and Development (CDD) Election Analysis Centre (EAC).

He lamented that the government will not do anything about it, adding that it was high time stakeholders take actions in order to restore confidence in the electoral process.

“The way we are going with people losing confidence in the electoral process; if you call for revolution, you know where you will find yourself.”

“As of this morning, President Buhari has congratulated the winner of the election in Bayelsa State. And same time the president condemns the violence that marred the election in Bayelsa State. It is high time that civil society organisations sat down to down to ensure that the criminal elements subverting the democratic process in Nigeria were brought to book. The government will not do it, from your reports you have detailed information on the perpetrators of electoral violence.”

House Queries Ministry over Alleged Disappearance of Two Operational Vehicles Adedayo Akinwale ín Abuja The House of Representatives yesterday queried the Ministry of Labour and Employment over the alleged disappearance of two operational vehicles of the ministry in 2015 under mysterious circumstances.

The Chairman of the House Committee on Public Accounts, Hon. Wole Oke, said the query was sequel to the report of the Auditor-General of the Federation (AuGF) which was issued to the Permanent Secretary of the ministry Mr. William Nwankwo, during an investigative hearing on the 2014/15 audit queries by the AuGF. While responding to the query when he made appearance before the committee yesterday in Abuja, Nwankwo said he only assumed duties in the ministry in the later part of 2016.

He said a retired Director, one Mr. Paul, allegedly took away the vehicles as part of his entitlements, adding that it was lawful for such senior retirees of the ministry to go with such vehicles upon retirement.

However, the lawmaker and other committee members, who were visibly furious over the disappearance of the two vehicles, said the Permanent Secretary of the ministry’s accounting office should account for them.

Oke told the Permanent Secretary categorically that he was not speaking the truth on the matter, adding that he ought to go after the missing vehicles until he retrieves them.

The committee, therefore, directed Nwankwo to go back and come up with relevant documents to back up his position and report back on November 25, 2019.

Ikpeazu Proposes N136.6bn Budget for 2020 Fiscal Year Governor Okezie Ikpeazu of Abia State yesterday presented a budget proposal of N136,617,847,316 for the 2020, saying his administration was determined to reposition the state to attain economic growth.

The draft, which the governor presented on the floor of the state House of Assembly for consideration, comprised a recurrent expenditure of N66,802,247,316, representing 48.90 per cent and a capital outlay of N69,825,600,000 or 51.10 per cent.

He added that the budget christened: “Budget of Economic Repositioning” was prepared in tune with the current economic realities, hence the marginal decrease over the 2019 budget of N140,944,885,770.

Ikpeazu assured that he was determined to steer Abia State to a new foundation for sustainable economic growth, adding that the state has already keyed into the state Fiscal Transparency, Accountability and Sustainability as well as the other partnership initiatives with the aim of enhancing efficiency

in its financial processes.

The governor said he would continue to sharpen the process of participatory budgeting with the involvement of communities, civil society groups, private sector agencies and other stakeholders.

According to him, the budget estimate was intended to strategically strengthen his achievements in various sectors of the economy by creating conducive environment for local and foreign investors, providing opportunities for human capital development, revitalising social services as well as building critical infrastructure for sustainable development.

“Our watchword in the 2020 budget implementation shall be prudence in state resource management,” he said, adding that adequate consideration was given to effective and efficient resource allocation and utilisation in making the budget.

To this end, premium priority, he said, was given to people’s needs, identification and harmonisation of revenue generating windows, re-jigging of agencies, among others.

PROMOTING HEALTHY FINANCIAL SYSTEM…

L-R: Group Managing Director, Afrinvest, Mr. Ike Chioke; former Governor of Central Bank of Nigeria, Prof. Charles Soludo; wife of Edo State Governor, Mrs Betsy Obaseki; Chairman, Afrinvest Securities Ltd, Fatumata Soukouna Coker; and Executive Chairman, Xcellou Capital Advisors Ltd, Mr. Chamberlin Peterside, at the Afrinvest 2019 Nigerian banking sector report launch in Lagos …yesterday ETOP UKUT

FG Moves to Curb Spread of Noma Disease Onyebuchi Ezigbo in Abuja The federal government has embarked on measures to arrest the prevalence of Noma disease whose mortality rate was said to be as high as 80 per cent if untreated.

Noma disease also known as cancrum oris is an infectious opportunistic disease generally associated with people living in extreme poverty.

It evolves from small inflammations of the gum of the teeth (the gingivo) and grows rapidly to severely destroy the soft tissue around the mouth and face, creating bizarre and often terrifying orofacial disfigurements.

According to medical experts, Noma disease is preventable but where the disease is untreated, the mortality rate could be as high as 80 per

cent.

Speaking yesterday at the formal launch of the National Noma Policy Document and Triennial Noma Control Action (2019-2021) in Abuja, the Minister of Health, Dr. Osagie Ehanire, said there are plans to build a Noma Specialist Hospital at the National Hospital in Abuja, which would undertake among other treatment interventions, plastic and genital surgeries.

He said the Federal Ministry of Health has established the National Noma Control Programme in collaboration with the World Health Organisation (WHO), with the aims of creating awareness about Noma, its prevention and care.

Also, Ehanire said the ministry would use the National Noma Day to scale

up awareness of the disease, adding that data from the Nigerian Centre for Disease Control (NCDC) showed that Noma is found everywhere in Nigeria, but predominantly in the North-west.

He noted that the Sultan of Sokoto, Alhaji Muhammad Abubakar, has been enlisted among those to be inaugurated as National Noma Champion and a “Technical Working Group on Noma” would be established to advise federal government on ways of addressing the health challenge.

“We have embarked on a number of national trainings, step-down trainings and sensitisation activities in high-burdened states such as Kebbi. Sokoto. Jigawa and Akwa Ibom in collaboration with the National Orientation

Agency and Nigerian Centre for Disease Control to increase surveillance, case finding and prompt disease reporting,” he said.

Earlier, the Director of Dentistry in the ministry, Mrs. Ajibola Longer, said there’s presently very low awareness about the scourge of the Noma disease in the country, which was being driven mainly by poverty and was mostly found in the rural areas.

She explained that the aim of the workshop was majorly promote awareness among the health stakeholders on the need to work collaboratively to tackle the disease.

Health officials from some African countries and officials of the World Health Organisation and other stakeholders were at the training programme.

Edgal Assumes Duty as Ogun CP, Orders Police Headcount Kayode Fasua in Abeokuta New Ogun State Police Commissioner, Imohimi Edgal, yesterday resumed duty in Abeokuta, the state capital, declaring a headcount of police personnel in the state.

The move, informed sources told THISDAY, was aimed at fishing out ghost workers, believed to be on the payroll

of the state Police Command.

Edgal had served as the Police Commissioner of Lagos State during the reign of former Governor Akinwumi Ambode.

A statement issued by the Ogun State Police Public Relations Officer (PPRO), Abimbola Oyeyemi, a Deputy Superintendent of Police, stated that Edgal officially assumed duty yesterday with the new

reform measure.

To that extent, the new CP had recalled policemen and officers currently on leave, directing them back to their duty posts in order to be counted in the impending police census. police) management team, the CP directed that all policemen serving in Ogun State should return to their duty posts from wherever they maybe, as there is

going to be physical headcount of all the personnel attached to the Command.

“He also ordered the cancellation of all forms of leave, casual or annual, except that of emergencies, because all hands must be on deck to checkmate the activities of hoodlums, especially during the ‘ember’ months and the yuletide season,” Oyeyemi said.

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US Govt: Number of Nigerian Students in America Now 13,423 Adedayo Akinwale ín Abuja The United States government has revealed that the number of Nigerian students studying in the country has increased to 13,423 in the 2018/2019 academic session.

The US Mission in Abuja disclosed this in a statement issued yesterday in Abuja, quoting an Open Doors 2019 report, released yesterday by the Institute of International Education (IIE) and the US Department of State’s Bureau of Educational and Cultural Affairs.

The US said that the new report indicated that there was a 5.8 per cent increase in

the number of students from Nigeria who are currently studying in the US. It said the report revealed that the number of international students in the US set an all time high in the 2018/19 academic year, the fourth consecutive year with more than one million international students.

It stated: “The total number of international students, 1,095,299, is a 0.05 per cent increase over last year, according to the 2019 Open Doors Report on International Educational Exchange.

“This percentage represents a total of 13,423 Nigerian students studying in the US

in the 2018/2019 academic session. This number also represents 33 per cent of the overall African students in the US, making Nigeria the leading source of students from the continent and 11th largest

country worldwide.”

“This number also represents 33 per cent of the overall African students in the US, making Nigeria the leading source of students from the continent and 11th largest

country worldwide.”

The US said that Nigerians are enrolled in more than 1,000 institutions in 51 states and territories in the country, out of which 18 per cent are studying in Texas.

It noted that Nigerian students using EducationUSA services recorded $16 million in scholarships and financial aid awarded to newly admitted students for the 2019 academic year.

Bauchi to Tackle Challenges of Social Investment Programmes Segun Awofadeji in Bauchi Bauchi State Government has stated that it will address the challenges affecting the smooth implementation of the Social Investment Programmes in the state.

The Secretary to the State Government (SSG), Alhaji Sabi’u Baba, who disclosed this at a one-day Bauchi State Cash Transfer Stakeholders’ meeting held in Bauchi yesterday appealed to the stakeholders to come up with robust recommendations that would assist the state government to increase the number of those benefiting from the programme.

He said in order to ensure effective service delivery, the state government has selected enhancement of enrollment of pupils especially girl child in schools as part of its coresponsibility.

According to him, the administration of Governor Bala Mohammed is committed to the realisation of the selected co-responsibility.

Therefore, the SSG said the state government had embarked

on massive constructions and renovation of primary schools as well as provision of furniture across the state to increase access to basic education services for improved teaching and learning.

Baba, therefore, reaffirmed the readiness of the present administration towards working with relevant stakeholders in order to achieve the desired objectives.

In her remarks, the National Coordinator of Social Investment Programmes, Mrs. Temitope Sinkaiye, said the meeting was organised to discuss the report of the Supply Side Assessment of Education facilities conducted in the 18 implementing local government areas across the state.

She said the meeting would also discuss the gap identified during the assessment and get the state government, relevant MDA’s as well as development partners’ commitment towards addressing the gap in addition to discussing the roles and responsibility of states as regarding the co-responsibility implementation.

Cross River Indigenes Call for Screening of Commissioner-nominee Sunday Okobi Worried by the delay in the screening of Tanko Ashang, who is among the three commissionernominees named by the Governor of Cross River State, Prof.

Ben Ayade, indigenes of the northern senatorial district of the state have urged the state House of Assembly to urgently screen the nominees to avoid vacuum in the executive council.

In a statement issued and made available to THISDAY, the group noted that Ashang has a great wealth of experience and strategies to help the governor move the state to the Promised Land, and can’t wait to offer his services to the people of the

state.

It recalled that Ayade had through the office of the Secretary to the State Government (SSG) written to the Speaker of the state House of Assembly, vide a letter dated November 14, 2019, nominating three persons for the office of Commissioners, and therefore, requested the Assembly clearance and approval.

The nominees are: Ashang, representing Obanliku Local Government Area; Mr. Peter Egba from Obubra LGA and Mr. Asuquo Ekpenyong, representing Odukpani LGA. However, feelers from the state have stated that the House of Assembly is likely to begin the screening exercise this week.

TRANS-SAHARAN PROJECT IN PROGRESS…

R-L: Minister of Works and Housing, Mr. Babatunde Fashola; Managing Director of Julius Berger, Dr. Lars Richter; Secretary-General of TRLC, Ayudi Mohammed; and other Ministers of Works of TRLC member countries of Algeria, Mali, Niger, and Tunisia at the Julius Berger Abuja-Kano Road site… recently

Appeal Court Judge Preaches Ethical Values, Good Governance Funmi Ogundare A judge of the Court of Appeal in Enugu Division, Justice Olubunmi Oyewole, yesterday called for ethical values and good governance in Nigeria, saying this would allow nation building efforts to come into fruition.

Delivering the 33rd Convocation Lecture of Yaba College of Technology entitled: “Ethical Values, Good Governance and Nation Building,” Oyewole said in order for the country to achieve good governance, there’s need to demonstrate a

sincere will, while expressing concern that the society tend to castigate only the ruling political elites without examining themselves.

According to him, “Each time we discuss the problems of this nation, we discuss nothing else. Be it among the elites on flights or the masses in buses or Keke NAPEP. We always discuss our problems.

We are never tired of doing so, but invariably ends in the usual way, God will help us or its only God that can help us. Heaven helps only those who help themselves!”

He recalled the survey and

gap analysis of the ethics framework in Nigeria released in 2018 by the Technical Unit on Governance and Anti-corruption Reforms (TUGAR) which covered private business associations, informal associations, professional bodies, public agencies, among others, saying they discovered weak ethics management framework and poor control of such framework, poor linkages between policy creation, implementation, monitoring and reporting.

“It was observed that a lot of organisations had poor

implementation mechanisms.

Even where policies have been put in place, or codes mandated, the implementation of the codes, applicable sanction and/or disciplinary processes for managing violations are either absent or remain poorly institutionalised or implemented.

“More specifically, a perusal of the said report reveals that a body as important as the Medical and Dental Practitioners Disciplinary Council was in comatose form for years simply because government failed to make some vital appointments.”

Fashola: Trans-Saharan Highway will be Ready Soon Nneka Emeghara The Minister of Works and Housing, Mr. Babatunde Fashola, has assured Nigerians that the Trans-Saharan highway projects would be completed soon to improve regional, economic and cultural integration in Africa.

Fashola gave this assurance recently when he led the members of the Trans-Saharan Road Liaison Committee (TRLC), who were in Abuja to attend the 70th session of the TRLC, to the project site at the Julius Berger site of the Abuja-Kano Road works.

The members included ministers of works from all

six member states of the TRLC- Algeria, Mali, Niger, Chad, Tunisia and Nigeria.

The Secretary-General of the TRLC, Ayudi Mohammed and the Tunisian envoy, Ambassador Jalel Trabelsi were also in the contingent led by Fashola to the AKR site.

Fashola explained that “the first is the Lagos-Dakar highway, which passes through Seme border, and there to Dakar, Senegal. The second is the Lagos-Mumbasa, which links us through Yaounde in Cameroon.

The third and the one about which we are gathered today is the Lagos-Algiers highway which is the object of this meeting. That

road covers over 9,000km and 80 per cent of that road is now asphalted. It is important to contextualise that in what we all read about as the trans-Saharan trade road. This was the road of Camels and Horses. So how much Africa has progressed now is that with the partnership of all of the men sitting here and all of the experts, 80 per cent of the roads used to be travelled by the camels and horses are now motorable and I think that is progress.”

He also added: “It is very useful for every African to be aware of the existence of a trans-African highway plan which seeks to connect

the whole of Africa right from Cape Town up to Tunisia, either by driving through the East African border, or the West African border or through the center of Africa. There is a coast to coast connectivity from the West to the East of Africa to the Northeast of Africa to the Northwest of Africa, and the South-west of Africa to East Africa. A total of nine highways at different stages of connection are meant to achieve this connectivity and it is important for Nigerians to understand that three of these Highways pass through the territory of Nigeria out of those nine.”

LAUTECH: ASUU Embarks on Indefinite Strike over Unpaid Salaries Kemi Olaitan in Ibadan Members of the Academic Staff Union of Universities (ASUU) at the Ladoke Akintola University of Technology (LAUTECH), Ogbomoso, yesterday carried

out their threat by declaring total boycott of lectures and academic activities.

This decision was reached at the congress of the union held on the campus of the institution.

The Chairman of the chapter,

Dr. Biodun Olaniran, while speaking with journalists, said the decision was reached after reviewing the situation regarding non-payment of three months salaries.

ASUU had issued ultimatum

to the university management to pay their salaries or face strike.

Olaniran disclosed that apart from boycott of lectures, results of rain semester will be withheld while students’ project defense will be put on hold.

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Lawan, APC Govs, Gbajabiamila, Tinubu, Others Congratulate Party, Bello, Lyon Our Correspondents President of the Senate, Dr. Ahmad Lawan; some governors of All Progressives Congress (APC); Speaker of the House of Representatives, Hon. Femi Gbajabiamila; Deputy Speaker, Hon. Ahmed Wase, and National Leader of the All Progressives Congress (APC), Senator Bola Ahmed Tinubu have congratulated the Governors-elect

of Kogi and Bayelsa states on their victory in last Saturday’s governorship elections.

Lawan particularly rejoiced with the Kogi State Governor Yahaya Bello on his reelection and David Lyon for making history as the first governor Bayelsa State has elected on a platform different from the outgoing ruling party in the state.

The Senate president praised President Muhammadu Buhari

Dasuki Did Not Ask to be Kept with DSS, Says Lawyer Alex Enumah in Abuja Contrary to the position of the Department of State Services (DSS) that the detained former National Security Adviser (NSA), Col. Sambo Dasuki (rtd) and others in its custody preferred to be kept in its custody than with Correctional Services, the lead counsel to Dasuki, Ahmed Raji (SAN), yesterday disclosed that Dasuki is bent on pursuing his release from DSS custody.

Dasuki has been in custody of the DSS since 2015 despite been granted bail by four different courts in the country, including the Court of Justice of the Economic Community of West African States (ECOWAS).

Spokesman of the DSS, Peter Afunanya told Nigerians that many of those in their custody, including Dasuki, have opted to remain in their custody because of the quality of the holding facilities, which are within international standards.

But in a swift reaction, Raji, who described the DSS position as untrue, specifically as it relates to Dasuki said, “this statement, as alluring as it sounds, is a contradiction of the events that have taken place since 2015, when charges were first preferred against Col. Mohammed Sambo Dasuki,” he said.

The senior lawyer, who made Dasuki’s position known

in a press statement released to journalists, queried why an individual will choose to remain in custody, contrary to his constitutional and internationally-enshrined fundamental human rights, and still continuously, challenge his unlawful detention at both National and International fora.

“It is therefore most incorrect and inaccurate to claim that Col. Dasuki prayed the Court to be kept in DSS facility. This is far from the truth. Perhaps, there is no synergy between the Counsel appearing for the government in Dasuki matters and the DSS hierarchy.

“Consequently, we appeal to all authorities, and principally – DSS, to comply with the various extant Orders of the Court, by immediately releasing Col. Dasuki. Raji in the statement gave account of how Dasuki was arraigned before the various courts and consequently granted bail on all occasions.

He recalled that on November 3, 2015, the Federal High Court – Abuja, admitted him to bail on self-recognisance, and granted him leave to travel abroad for a three-week medical consultation, on account of failing health, but officers of DSS laid siege on his house in Asokoro, in brazen defiance of the order of court; and thereby deliberately disallowed him from accomplishing the terms of the order.

Masari Swears in Commissioners Francis Sardauna inKatsina Katsina State Governor, Aminu Bello Masari, yesterday swore-in 17 commissioners and other members of the State Executive Council and called on them to ensure a good financial management and budgetary discipline while piloting the affairs of their respective ministries.

The commissioners, who were sworn in alongside four permanent secretaries and six special advisers, at the People’s Square, were however yet to be assigned portfolios.

While swearing in the commissioners, Masari said he would closely monitor their performances to ensure speedy delivery of good governance as appropriate sanctions await those who failed to perform creditably while in office.

“I, therefore, enjoin you to work with full dedication, loyalty, commitment, high sense of duty, self-discipline and a good financial management and budgetary discipline.

“Be informed also that your performances would be closely monitored in order to ensure delivery of good governance and application appropriate sanction for non-performance, dereliction of duty or abuse of office,” the governor said.

He added that his administration had impacted positively on the socio-economic and well-being of the citizenry and would continue to consolidate on the gains so far recorded on security management, education, water supply, health, infrastructural development and empowerment sectors.

The governor assured that the present administration under his leadership would remain committed and focus in providing more dividends of democracy to all nocks and crannies of the state.

He added: “With the swearing in of the executive members now over, I wish to say that in few days time the 2020 budget proposal would also be presented to the state House of Assembly for consideration and subsequent passage.”

for ensuring a level-playing field that enabled the people to assert their sovereignty and choose their leaders.

On his part, Gbajabiamila congratulated Bello and Lyon for emerging victorious in Kogi and Bayelsa governorship poll.

In separate congratulatory messages, the lawmaker said the victory recorded by the candidates was an indication of the wide acceptance the party enjoyed in the two states.

Similarly, the Deputy Speaker, Hon. Ahmed Wase, implored the governors-elect to work closely with all persons and interest groups to move the states to the next level.

Wase appealed to the people

of the two states to remain lawabiding as transition to new administration had started in earnest.

Also, on his part, Tinubu congratulated Bello and Lyon on their victories in the elections.

He also extends congratulations to the National Chairman of the party, as well as Kogi and Bayelsa states Chairmen and other leaders in the two states on this twin-victory.

“The outcome of these elections shows that the people believe in the direction that President Buhari and the APC wish to take this nation. The electorate has faith in the progressive reforms our party envisions,” he said.

Tinubu condemned the

scattered incidents of violence witnessed in the election in some parts of Kogi State.

In his message, Ondo State Governor, Mr. Oluwarotimi Akeredolu, yesterday congratulated Bello on his re-election for another term in office.

The governor also congratulated Lyon over his victory, adding that their victories were well deserved.

On his part, Governor Abubakar Sani Bello of Niger State has congratulated Bello and Lyon over their victories in last Saturdays governorship elections.

He said the victories also demonstrated the people’s acceptance and confidence in

the APC-led government to successfully pilot affairs of the state and country to the next level Governor Adegboyega Oyetola of the Osun State has also congratulated Bello, on his re-election and Governor-elect of Bayelsa State.

On his part, the Edo State Governor, Mr. Godwin Obaseki, said the victory of both governorselect is a triumph for the APC, and has once again proven the party to be the peoples’ choice.

Yobe State Governor, Alhaji Mai-Mala Buni, described the victory of APC in both the Bayelsa and Kogi states’ governorship elections as an endorsement of the party’s policies and values.

SWEET VICTORY…

L-R: Jigawa State Governor, Alhaji Mohammed Badaru Abubakar; Bayelsa State Governor-elect, David Lyon; President Muhammadu Buhari; APC National Chairman, Adams Oshiomhole; and Chairman, Nigerian Governors’ Forum and Governor of Ekiti State, Dr. Kayode Fayemi, when Lyon visited the President at the State House Abuja...yesterday

EFCC COLLABORATES WITH INTERPOL TO EXTRADITE ADOKE ’There are existing charges against Mohammed Bello Adoke at the Federal High Court in Nigeria.

Now that he is in the custody of Interpol, it provides him with huge opportunity to defend himself of the charges against him,’’ the EFCC’s source stated.

Adoke was arrested recently and held in Dubai by Interpol, shortly after arriving in Dubai for medical evaluation after a court warrant for his arrest was vacated in October.

Justice D. Z. Zenchi of the Federal Capital Territory High Court had in April issued a warrant for Adoke’s arrest following an ex-parte application

by EFCC. He has been on self-exile since 2015, accusing EFCC of trying to humiliate him, maintaining that he did no wrong in the Oil Prospecting Lease (OPL) 245 dispute.

The anti-graft commission had filed a three-count charge against two multinational oil firms, Shell and ENI, for their roles in the $1.1 billion Malabu oil scam.

The EFCC had also filed related charges against two former Nigerian ministers, Mohammed Adoke and Dan Etete, and others after concluding investigations on the 2011 controversial sale of OPL 245. The alleged fraud committed by the ex-Nigerian officials and officials of the oil firms, has also led to investigations and charges in Italy. The EFCC had also secured a court order ensuring the return of the OPL 245 to the Nigerian government, pending the determination of the court case against the defendants.

According to the charges the defendants were accused of committing the crime of conspiracy to commit felony against the provisions of the Independent Corrupt Practices and Other Related Offences, ICPC, Act. The oil firms and their then directors were also alleged to have fraudulently paid $801 million to Messrs. Adoke, Etete, Aliyu, and Malabu for the oil block. OPL 245 is considered one of Nigeria’s richest oil blocks and estimated to contain over nine billion barrels of crude.

However, Adoke had consistently denied links to alleged fraud and has been on self-exile since vacating office in May 2015.

He has repeatedly cited a judgment by Justice Binta Nyako of the Federal High Court in Abuja that said he could not be prosecuted for actions he took while in office based on presidential directives.

The former AGF recently published his memoirs, ‘Burden of Service: Reminiscences of Nigeria’s Former Attorney-General,’ detailing his role in the OPL 245/ Malabu Oil deal as well as other events that happened in former President Goodluck Jonathan’s administration, which he served as AGF from 2010 to 2015.

On October 25, Justice Zenchi vacated the arrest warrant based on prayers from Adoke’s lawyers who argued that the order was wrongfully procured.

The judge also asked the EFCC, which seeks to prosecute Adoke, to serve him the court papers by substituted means.

However, Ozekhome, who

is counsel to Adoke blamed the action of the Interpol on the failure of government to inform the international security body about his client’s current status.

“I am sure there must have been paucity of information between the government and Interpol Police. I would just presume the government forgot, failed or neglected to inform Interpol that the warrant for his arrest had been duly quashed and vacated

by Hon Justice Zenchi of the FCT High Court, Abuja, after heated arguments between myself and the government lawyers,” Ozekhome said.

Explaining further the senior lawyer said the court had ruled that if the government were interested in arresting Adoke, it should embark upon substituted service of the case against him by publication in national newspapers.

“The government had not yet taken any such steps before the purported arrest.

“I believe when these facts are brought to the attention of the Dubai authorities and Interpol, they would set Adoke free and allow him go for his medical treatment, the very reason he went to Dubai in the first instance,” he added.

Ozekhome, however, expressed confidence that the government of the day would do the needful by transmitting court’s proceedings to the appropriate organisation and facilitate the release of the former AGF. He added: “Government cannot perpetrate illegality against a valid court order, nor overreach Adoke, nor short-circuit the judicial

process. Such will amount to executive lawlessness as described by the Supreme Court in Ojukwu v Governor of Lagos State.

“Such arrest and detention will be subsequently declared null and void and of no legal effect, as you cannot build something upon nothing and expect it to stay.”

I Can’t Speak Speculatively, Says Malami Meanwhile, the Office of the Attorney General and Minister of Justice said last night that it had not received any formal communication on the alleged arrest of the former minister of Justice and Attorney-General of the Federation, Mr. Bello Adoke.

Minister of Justice and Attorney General of Federation, Mr. Abubakar Malami, disclosed this while reacting to media reports on the matter. This is contained In a statement issued by Dr. Umar Jibrilu Gwandu, the Special Assistant on Media and Public Relations Office of the Attorney General of the Federation and Minister of Justice.

“My office as the Attorney General of the Federation and Minister of Justice of the Federal Republic of Nigeria is not in receipt of any formal communication regarding the alleged arrest in line with international conventions, processes and procedures relating to such matter,” the minister said.

“Until such formal communication is received the Attorney General of the Federation and Minister of Justice would not comment speculatively in one way or the other over the matter,” he added.

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TUESDAYSPORTS

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

AFCON 2021 QUALIFIER

Eagles Reaction to the Lesotho’s Goal was Magical, Says Rohr Femi Solaja with agency report Still smarting from the 4-2 away win on Sunday night in Maseru, Head Coach, Gernot Rohr, has said that he is contented with Super Eagles’ conceding first so far the end result is positive for his team.

The Franco-German gaffer was reacting to Eagles come back after conceding an early goal against Lesotho in Nigeria’s AFCON 2021 qualifier against the southern African nation.

Just like it happened in the opening match last week in Uyo against Republic of Benin, Super Eagles had to dig deep to overcome the Crocodiles of Lesotho.

Right hailed his players for showing that his team is a force in football. He said he saw only the positives whenever his side conceded first.

“Some matches, you score the first goal and in some matches you concede first,” he said.

“We scored first against Brazil and Ukraine but we didn’t win, so I prefer to concede first and win the match.

“This has proven that my players have a good spirit because they never give up.

“They continue to play well and do not panic. We have a very young team and what I like is the enthusiasm to play football.” He is also full of praises for the Super Eagles for

putting up a brave performance despite arriving Maseru a few hours before the game.

“We know that it’s difficult to win in Lesotho especially when you concede the first goal. They played very well

in the beginning but we had to take the game in our hands,” Rohr continued.

“We had a long travel by night and you can see that at the beginning, my players were not fully concentrated.

“In the second half, we changed our organisation a little bit and it was better and better.

I feel that my players have fun when they play football and that is most important.

“We won but congrats to my

colleague, he has a good team they gave us a lot of trouble.”

Having won their two games, Nigeria top Group L with six points. They host Sierra Leone in their next match on August 31, 2020.

Abd’Allah Looks to Continuous Run of Good Form for Enyimba Fresh from its impressive 3-1 win over Akwa United on Sunday, head coach of Enyimba, Usman Abd’Allah has suggested that the team can still do better than has been seen after three matches in the Nigeria Professional Football League (NPFL).

Abd’Allah expressed satisfaction with the team’s progress so far while hoping the team will get better.

‘I am very happy with the way the team has performed right now. We seem to be getting better because we are playing more matches now and it’s helping us to get better.

‘At the start of the season, it was a little difficult for us because we had few matches and this cost us our place in the champions league. Now with the NPFL back we are beginning to create the right balance in the squad.

I am happy with our recent performances but we will continue to improve until we get what we want’ Abd’Allah remarked.

The NPFL defending champions are currently unbeaten in its opening three

matches of the new season and are unbeaten in its last five matches in all competitions.

Traditionally, the People’s Elephant are known to hit top gear around mid season in contrast to the current scenario where they are seated 2nd on the log but coach Abd’Allah revealed that he prefers to get the points early and insists his side has what it takes to maintain the early momentum till the end.

“As you can see, there is a lot of confidence in the team and the boys are responding very well. The important thing is that we are taking it match after match and getting the points now. ‘’It’s better we grab the points early than to play catch-up while hoping for other teams to drop points. It’s also a message [the coaching staff] have passed along to the squad and I am happy they have responded well.’’, he explained.

Enyimba will be hoping to maintain the positive start to the season when they visit Sunshine Stars on Wednesday on the Matchday 4.

Quadre, Mohammed Win J5 Abuja ITF Titles Oyinlomo Quadre claimed her 3rd ITF Junior title of the season, with a sublime display to beat 2nd seed, Marylove Edwards 6-1 6-0, in the second leg of the NTF International Junior Championships in Abuja.

The boy’s final which was also an all-Nigerian affair, saw Musa Mohammed edged top seed Abayomi Philips in a thrilling contest with scores at 6-4, 6-7(4), 6-2.

NTF president Ifedayo Akindoju expressed delight at the performance of Nigerians at the two week tourney pledging support for development of junior players in the country.

Quadre, Nigeria’s No. 1 junior player, outclassed her compatriot adding the J5

Abuja title to the Megrine and Cotonou titles, she won in April and September, respectively.

US-based Edwards, who claimed the first leg title last week, came into Sunday’s final on a 7-match winning streak, but was overwhelmed by her Morocco-based compatriot, who dictated proceedings all through While Quadre’s victory over Edwards was quick and efficient, Mohammed who was the vanquished in the final of the first week losing to Canice Abua, had to dig deep to beat the tournament’s top seed, Abayomi Philips, 6-4, 6-7(3), 6-2 and claim the boys singles title – his first title-triumph on the ITF Junior Circuit.

Match hero, Victor Oshimeh, been consoled by team mates after sustaining a minor injury in Super Eagles’ 4-2 win away at Lesotho last Sunday

Minister Queries NFF over Dismal Outings of National Teams Demands explanation in writing Olawale Ajimotokan in Abuja Sports Minister, Mr. Sunday Dare, has rapped chieftains of the Nigeria Football Federation (NFF) over the inability of the country’s national teams to make major impact in major international tournaments this year.

Dare met the leadership of the NFF on Monday and after the brief meeting that lasted barely 30 minutes, the minister demanded that they must hand in a written explanation to the

federal government, detailing what was responsible for the poor outing of national teams in four major tournaments.

“We need to run a reality check. Nigerians are not happy with our state of football. We must start with the football administration. Nigerians want to see us working proactively to get things working again.

“I am not saying we should win at all cost, beyond identifying various issues what do we need to do to deal with these issues.

The board has a responsibility.

I am asking the board to do surgical examinations of what has gone wrong with our football,” Dare queried.

“From stock taking it is now time to render account to Nigerians,” he said even as he warned that:“We need to take very difficult decisions.”

The NFF secretariat particularly came under scrutiny for the technical failings of the board.

The failure of the Nigerian female and male teams to qualify for Tokyo 2020 football event

deflated national ego and caused authority to ask questions. The minister also demanded for the nominal roll of the NFF as it was alleged that the federation has continued to pay some people with expired contracts.

He said the ministry’s concern went beyond the dismal performance but was also about the domestic league.

NFF President, Amaju Pinnick, was reported to have informed the minister that federation was faced with a toxic situation that affected its administration.

Niger Potter Beat Delta Force as Temple Jam Basketball Dunks off Temple Jam Basketball Tournament dunked off in Lagos on Monday with Niger Potters and Anambra Flames registering victories.

Potters defeated Delta 8569 in a thriller that marked the start of the week-long competition at the Teslim Balogun Stadium in Surulere, Lagos.

The match played at clutch until the last quarter when the Potters gradually slid away.

The match between Anambra Flames and Comets looked like another match set to keep the spectators guessing. But that ended with the first quarter as the Anambra boys soon began to expand the lead.

The third quarter ended at

36-25 for the Flames when the Comets began to push for a comeback. By the fourth quarter the score read 34-41 as the Comets cheered more even with the Anambra still leading. Two quick turnovers ended up the Comets surge with barely three minutes left.

They couldn’t score anymore as Anambra won the game 51-34.

Nigeria’s latest basketball team Gidi Giants were on the court against Oluyole Warriors as of press time.

The competition which is powered by the Temple Management Company in conjuction with the Lagos State Basketball Association runs at the venue until Sunday when the final match will be played .

Tokyo 2020 Olympics: Nigerian Breweries Plc Restates Support for Team Nigeria One of the major sponsors of Team Nigeria, Nigerian Breweries Plc, has restated its commitment towards the development of sports in Nigeria as the country prepare for the 2020 Olympics Games in Tokyo.

Speaking during a state house dinner held at Aso Rock Villa, Abuja in honour of the President of the International Olympic Committee, Mr. Thomas Bach

who visited Nigeria recently, the Corporate Affairs Director, Nigerian Breweries Plc, Mrs. Sade Morgan stated that the company’s support for the Olympic Team is in continuation of the strong and long term relationship that exists between the company and the Nigerian Olympic Committee (NOC).

“As an organisation, Nigerian Breweries is a major partner with NOC and has a long

history of supporting projects like this. We do this to show our commitment to the growth of the Nigerian sports sector,” she said.

She further explained that the company is backing Team Nigeria to the Tokyo 2020 Olympic games with two of its leading brands, Amstel Malta and Star Lager, adding that while Amstel Malta is the official Malt drink for Nigerian

contingent, Star Lager is the official Lager of Team Nigeria In his remarks, the Secretary General of the Nigerian Olympic Committee, Mr. Olabanji Olabanjo expressed profound appreciation to Nigerian Breweries Plc for providing the needed impetus through the partnership that is poised to bring excitement and encouragement to all the athletes representing the country.

Tuesday November 19, 2019

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Price: N250

MISSILE SDP to INEC

“What happened in Kogi Central and other part of the state was a far-cry from a credible election. Ballot boxes were destroyed and burnt in the Okene, Adavi, Ajaokuta, Ogori/ Magongo and Okehi local government areas and other parts of the state. The SDP agents were chased away from the various polling units of the Kogi Central senatorial district” – The governorship candidate of the Social Democratic Party in Kogi State, Mrs. Natasha Akpoti, rejecting the result of the election.

TUESDAY WITH REUBENABATI Of Taxation, FIRS, Fowler and Other Matters W abati1990@gmail.com

hen, in October, President Muhammadu Buhari presented to the National Assembly the Appropriation Bill for 2020, he submitted along with the budget proposal as it is known, a Fiscal Strategy or Finance Bill, 2019. The Minister of Finance, Budget and National Planning has since then spoken about the importance of the Finance Bill, to the growth of the Nigerian economy. The stated objective is to promote fiscal equity, address problems with the prevailing taxation order, and reform existing taxation laws in line with global best practices.

The Bill contains changes to the Companies and Income Tax Act, Value Added Tax Act (which has been quite controversial), Personal Income Tax Act, Capital Gains Tax Act (CGTA), Customs and Excise Tariff (Consolidation) Act, Stamp Duties Act and Petroleum Profits Tax Act (PPTA). Overall, the Bill seeks to expand the government’s revenue base, strengthen the extant regulatory framework (??) and also provide incentives for small and medium scale enterprises as engines of economic growth and development. The Minister is pleased that the Bill has already passed the second reading stage in the National Assembly. No one should be surprised about that. The present National Assembly will pass anything presented to it by the Executive with unprecedented enthusiasm.

It should be noted, however, that despite all efforts that have been made to reform taxation in Nigeria and turn taxation into a strong vehicle for effective governance, Nigeria’s tax receipts have remained relatively low. The country’s tax-to GDP ratio is one of the lowest in the world. It is far below the average in sub-Saharan Africa. The Economic Recovery and Growth Plan (ERGP) targets a tax-to-GDP ratio of 15% by 2020. Current efforts by the Nigerian government to focus on tax reform is in part a response to arguments by both home-based and foreign analysts that Nigeria needs to diversify its revenue base, and expand government revenue if it hopes to meet its targets of double-digit economic growth, wealth creation and sustainable development through foreign direct investment and local entrepreneurship, and of course a tax-to-GDP ratio of 15% by 2020, which is certainly, ambitious because the real problem is productivity and earnings.

There are specific challenges that stand in the way of these targets: (a) Nigeria’s over-dependence on extractives, particular crude oil, which accounts for 80% of the country’s forex receipts, and a casual attitude to revenue collection and taxation – for 20 years, for example, nobody deemed it necessary to protect Nigeria’s interest under Section 16 of the Production Sharing Contracts Agreements Act with international oil companies – resulting in a calculated loss of between $28 - $62 billion dollars for the country; (b) the weakness of tax laws, institutions and policies in the country, the effect of which is a low quality tax system; (c) the negative attitude of the Nigerian tax payer towards taxation. The average Nigerian tax payer does not trust the tax authorities and (d) there are also issues of transparency, accountability – (that is lack of accountability for collected revenues) and good governance which accounts for the poor administration of the country’s tax system.

It must be admitted nonetheless that there is some merit to the cumulative efforts that have been made over the years, to transform the tax regime in the country, or to be more specific, to encourage non-oil revenues, and mobilise non-compliant taxpayers to see the need for tax payment as a civic responsibility. After independence, an Income Tax Management Act (ITMA) was enacted in 1961.

There was also the Companies Income Tax Act No 22 of 1961 (CITA) which placed corporate taxation under the control of the Federal Board of Inland Revenue (FBIR). In 1979, CITA, 1961 was

Fowler replaced with the CITA Decree No. 28 of 1979. The FBIR was responsible for the operationalization of the Act. In 1991, the Federal Government set up a study group on Nigeria’s tax system, whose recommendation led to the Finance Decree of 1993 and the establishment of the Federal Inland Revenue Service (FIRS), State Boards of Internal Revenue and Local Government Revenue Committees. There were other efforts at tax reform in 1992 (led by Dr. Sylvester Ugoh), in 2002 (led by Professor Dotun Phillips), in 2004 (led by Seyi Bickersteth) and in 2012 (led by Mckinsey and Co). The turning point at the Federal level was in 2004.

At the state level, Lagos State took the lead in this regard as far back as 1999 and by 2007, the state was already directly reminding Lagos residents of how tax payer’s money was working for them thus linking taxation to good governance and accountability. Many Nigerians are not motivated to pay tax though, because they do not trust the political elite or tax administrators and they hardly ever see why they should pay tax when everyone else is enjoying oil money. Tax evasion is therefore common and this is even facilitated by tax officials who take a cut of the reviewed rates and help to doctor the papers. In truth, tax payers do not also see why they should pay any tax when paid taxes are likely to be mismanaged to fund the wasteful official and private lives of elected or appointed officials. Given new realities however, that is: the volatility of oil prices, the pro-climate change, anti-hydrocarbon lobby, increase in the production of Shale oil, increased inventories in non-OPEC countries, high budget deficit, mounting debt, a weak national currency, shifts in geo-politics beyond local control, slow domestic economic growth, Nigeria has every need to adopt new, workable and sustainable strategies.

Institutionalizing a strong tax governance regime is only one of many options, but beyond all the problems already identified, the biggest challenge is the needless politicization of tax administration in Nigeria.

This is precisely what the Minister of Finance, Budget and National Planning and the President should worry about if Nigeria must achieve its stated objectives and targets with regard to revenue mobilisation and an efficient tax system. How can we insulate Nigeria’s tax system from politics and the greed of politicians? How do we ensure that an engine of growth and development does not become a play-field for political conflicts? I raise this point because this is what has been happening in the FIRS, and even at the state levels in recent times. Politicians want to get hold of the tax office. It is the favorite posting for anybody that a Godfather wants to help. Every jobless man wants his first job to be in the tax office or Customs or any department of government that is considered “juicy”. The juiciness or non-juiciness of an appointment must be a uniquely African and Nigerian invention. The way it works out is that whoever is appointed to a position that is considered “juicy” or influential is considered a

target for attack and blackmail. Everybody wants the position. And the detractors would go to any length to pull the person occupying the attractive office down. We have seen traces of that in every administration and also in this administration.

Public service is an arena where you cannot trust anybody. You have to constantly look behind your shoulders. There are civil servants who tell you: “Yes sir, Yes sir” every other minute but they are busy compiling evidence against you to be used the day the Devil seizes control of their souls.

There are politicians who believe that the office you occupy belongs to them because their kinsman is the President.

Nigeria wants to diversify its revenue base and strengthen its revenue collection system. How do we do this without the threat of primitive politics?

With regard to revenue collection, two departments of government at the Federal level are of primary importance: the Federal Inland Revenue Service and the Department of Customs and Excise. If President Buhari’s advisers would tell him the truth, he should know that both departments are in the eye of the storm. Some people and stakeholders want the leaders of both departments of government changed. In fact, with immediate effect if possible.

I have nothing against Col. Hameed Ali. He can be there indeed for as long as the President needs his services in line with the Enabling Act but he needs to tone down his military-style tactics. The Customs under his watch has been more military than para-military. Locking down people’s shops, harassing car dealers and seizing cellophane bags of rice, turning the Customs into a military unit create the wrong impression, but no one can doubt the fact, however, that Hammed Ali loves his job and that he means well for Nigeria. With a little change of style and tactics, he is probably the Customs Manager that Nigeria needs. Those who are insisting that he should not be re-appointed should check his records of performance and state in clear terms their objections to his methods.

Like Hameed Ali, Babatunde Fowler who heads the Federal Inland Revenue Service, the operational department for internal revenue is similarly embattled. There have been complaints and petitions against him purportedly signed by faceless and nameless staff who accuse him of all kinds of infractions including the engagement of consultants and using FIRS money to attend parties every weekend. Fowler denied all the allegations.

His cowardly detractors have not provided any concrete evidence. When the blackmail failed, one Mr. Okwara, an Abuja-based lawyer went to court in Kano to ask Babatunde Fowler to vacate his office, on the grounds that his tenure expired in August 2019, having been appointed on August 20, 2015. The plaintiff alleged that Fowler’s continued stay in office is illegal unless he is re-appointed by President Muhammadu Buhari. Counsel for Fowler raised issues of locus standi and jurisdiction. The Court eventually threw out the case, noting that whereas Fowler was appointed in acting capacity in August 2015, the effective date of his appointment was December 15, 2015, the very day the Senate conveyed its approval of his appointment.

In August 2019, Fowler further received a query from the office of the Chief of Staff on the failure of the FIRS to meet revenue projections. He was required to explain “significant variances between the budgeted collections and actual collections for the period 2015 to 2018.” Mischief-makers seized upon this to allege that they had been been vindicated. Fowler responded to the query, and the Presidency issued a statement to say that the FIRS boss was not being probed by the Presidency.

Given the fact that the FIRS and Customs and other revenue collection agencies of government are given set targets, and the history of abuse of the processing of revenues, it should not come as

a surprise if the Presidency demands explanations.

But what is clear is that whenever a person’s tenure in government is about to end, especially if the person is imagined, thought, or considered, to be occupying a “juicy” position, and such a person is eligible for re-appointment, other persons who are interested in that position would embark on a campaign of blackmail and calumny. Their goal is to influence the appointing authority to get their quarry out of office in as vicious a manner as possible. With regard to Nigeria’s fiscal strategy going forward, the Nigerian government must separate politics from policy if it hopes to make any difference. To avoid taking any rash decision, beyond policy, the administration must ask critical questions and conduct a proper audit of the revenue collection agencies, and their leadership.

Is Hameed Ali, a soldier in Customs, terrorizing everybody as alleged? Even if he brings in high revenue? The people who accuse Fowler in FIRS, do they mean well for Nigeria or they are just resisting change? What is their motive? Do they just want Fowler out because they think he is close to persons who may be interested in the Presidential politics of 2023?

I understand Hameed Ali has nothing to fear.

But Fowler? Appointed in August 2015 in an acting capacity, and subsequently as Chairman of the FIRS in December 2015, Babatunde Fowler’s first tenure appointment expires on December 15, 2019. He can only remain in that position if he is re-appointed by the President. Fowler, a former banker, was the pioneer Chair of the Lagos State Inland Revenue Service (LIRS). When he assumed office at the Federal level in 2015, FIRS revenue stood at N3.2 trillion. The figure at the end of 2018 was N5.3 trillion, this increase came at a time the economy suffered recession and oil prices crashed.

Fowler’s FIRS recorded non-oil tax revenue of N2.85 trillion in 2018 alone, representing more than half of the total revenue for the year. He encouraged innovation and automation. In 2016, he was elected President/Chairman of the African tax body, the African Tax Administration Forum (ATAF). In October 2018, he was re-elected for another term of two years in that position. His term expires in October 2020 as head of the African Tax Forum. In 2017, the UN Secretary-General, Antonio Guterres further appointed Babatunde Fowler as a member of the International Experts Committee on Tax Matters.

As I write, Fowler is in Kampala, Uganda, as Nigeria’s ambassador, providing leadership as Africa’s Tax Chief. The African Tax Administration Forum (ATAF) is by the way, 10 years old today.

The 4th Conference of African Tax Administrators, international organizations, civil society groups, academics and policy makers is also being held today in Kampala, Uganda, the same city where the inaugural meeting of the Forum was held in 2009.

The Forum’s theme for this year is “Innovation: Digitalization and Harnessing Technology ICT to improve tax systems”. Nigeria’s Babatunde Fowler is leading that entire process. Back home, he is being derided by some faceless characters. Those who should be proud of him are trying to pull him down. We must not reduce tax administration in Nigeria to petty politics. In the long run, tax management must be linked to per capita income and productivity within the economy, merit and achievement, not personalities.

Our educated concern is to draw President Buhari and the public’s attention to these issues and the need to be fully apprised of the growing politicization of revenue collection agencies beyond whatever obvious limitations that may exist. Mr. President is hereby invited to consider the foregoing submissions and act with utmost discretion pursuant to Sections 5(1), 130, 147, 171 of the 1999 Constitution of the Federal Republic of Nigeria.

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