Banks’ Impairment Charges Down by 34% to N86bn in Six Months Goddy Egene Banks’ provision for loan losses have improved significantly as it reduced by 34 per cent in the six months ended June 30, according to the results posted by financial institutions on the Nigerian
Stock Exchange (NSE). The results compiled by THISDAY showed that a total of N85.625 billion was recorded as impairment charges by 14 banks, compared with N129.782 billion in the corresponding period of 2018. The banks were: Access Bank
Plc; Ecobank Transnational Incorporated; Fidelity Bank Plc; FBN Holdings Plc; Guaranty Trust Bank Plc; Jaiz Bank Plc; Sterling Bank Plc; Sterling Bank Plc; Stanbic IBTC Holdings Plc; United Bank for Africa Plc; Union Bank for Africa Plc; Unity
Bank Plc; Wema Bank Plc and Zenith Bank Plc. An impairment charge is the writing off of worthless goodwill. It refers to assets that are no longer of the same value as they were in a prior period. THISDAY’s investigation
showed that although the total value of impairment charges declined, 10 of the banks actually recorded reduction, while four recorded increases. For instance, Zenith Bank Plc, GTBank Plc, Unity Bank Plc and Sterling Bank Plc
made higher provisions for impairment charges, while the remaining 10 banks made provisions lower than what was provided for the corresponding period of 2018. However, Access Bank Plc’s Continued on page 6
NEITI: FAAC Disbursements Slump by N104bn in Six Months... Page 8 Tuesday 10 September, 2019 Vol 24. No 8919. Price: N250
www.thisdaylive.com TR
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See Special Report on Governors' 100 Days in the Saddle... Pages 40 & 41
Attacks Not Xenophobic, South Africa Insists, Says 89 Nigerians Killed Believes bond with Nigeria still strong Seeks amicable resolution of crisis 640 Nigerians register to return home Ezekwesili, others ask Ramaphosa to apologise Omololu Ogunmade, Chuks Okocha and Adedayo Akinwale in Abuja The presidency yesterday revealed the message conveyed to South African President, Mr. Cyril Ramaphosa, by President Muhammadu Buhari's special envoy, Mr. Ahmed Rufai Abubakar, which had hitherto been shrouded
in secrecy. The presidential brief showed that the South African government repudiated the general belief that recent attacks on foreigners in the country were xenophobic even as THISDAY independent sources said its senior officials put the deaths since December Continued on page 6
Six Days to Deadline, PEPT Yet to Give Judgment Date Alex Enumah in Abuja When will the Presidential Election Petition Tribunal determine who between President Muhammadu Buhari of the All Progressives Congress (APC) and his main challenger in the February 23 presidential election, Alhaji Atiku Abubakar of the Peoples Democratic Party (PDP), won
the election? The question begs for answer six days to the deadline specified by the 1999 Constitution as altered and Electoral Act 2010 as amended for the determination of a petition filed by Atiku and his party. That was the cause of Continued on page 8
COURTING THE SEAT OF POWER... L-R: Executive Director, Global Banking, Standard Chartered Nigeria, Mr. Leke Ogunlewe; Group CEO, Mr. Bill Winters; Chief of Sta to the President, Malam Abba Kyari; and CEO, SC N, Mr. Lamin Manjang, during the bank oďŹƒcials’ courtesy visit to the Presidential Villa, Abuja... recently
DSS, Police, IMN Set for Showdown Today... Page 6
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DSS, Police, IMN Set for Showdown Today Sect vows to hold annual procession Kingsley Nwezeh in Abuja and Michael Olugbode in Maiduguri The Department of State Services (DSS), Nigeria Police and the Islamic Movement of Nigeria (IMN) yesterday appeared set for a showdown as they traded words over the sect’s planned procession scheduled to take place today. While the police warned that the planned religious procession by the Sheik Ibrahim el-Zakzaky-led IMN would be considered illegal in view of the fact that the organisation remained proscribed, the DSS alleged plot by what it described as some subversive groups and individuals within and outside the country to undermine national security. It warned that the full weight of the law
would be brought to bear on such criminal elements. But the IMN countered, accusing the federal government of planning to unleash terror on unsuspecting Nigerians in the name of the group. The Shiite Islamic sect plans an annual procession today. The procession is carried out yearly to mark the birth of the grandson of Prophet Mohammed. The group said it was covered under the constitutional provision that guaranteed freedom of association. But the Inspector-General of Police, Mr. Adamu Mohammed, in a statement in Abuja, said the police would not allow the procession to take place in view of the status of the group as a proscribed
organisation thus putting a stamp of illegality on the group. The group is, however, in court to challenge the proscription order. The police said in a statement: “It has come to the knowledge of the Nigeria Police Force that some members of the proscribed Islamic Movement in Nigeria (IMN) intend to embark on a nationwide procession, ostensibly to cause disruption of public peace, order and security in the country. “The Force notes that in line with the Terrorism (Prevention) Proscription Order Notice 2019 of 26th July, 2019, the activities of the Islamic Movement in Nigeria have been proscribed. Consequently, all gathering or procession by the group remains ultimately illegal
and will be treated as a gathering in the advancement of terrorism.� The statement signed by Force Public Relations Officer and Deputy Commissioner of Police (DCP), Mr. Frank Mba, said police commissioners in the 36 states and FCT and their supervisory Assistant Inspectors-General of Police (AIGs) were ordered to put in place measures to avert any procession. On its part, the DSS said the identified groups and individuals planned to exploit the political differences within and outside the country to destabilise the country. DSS, in a statement by its spokesman, Mr. Peter Afunanya, said the groups planned to inflame passions across ethnic and religious divides.
“The aim is to set the country on fire as well as inflame passions across ethnic and religious divides with expected violent consequences. Also, the service expresses dismay over the increasing use of fake news and unsubstantiated information spread across social media platforms to deceive and incite sections of the populace to civil unrest,� DSS said. But the IMN in a statement yesterday by President, Media Forum of the group, Mr. Ibrahim Musa, alleged that the attack the federal government was planning was specially planned to coincide with the sect’s Ashurah day celebration today. The statement said security officials, journalists and other members of the public would be attacked in order to further
tar the name of IMN. The statement read in part: “IMN wishes to alert the general public and the security agents that government, in its desperation, is planning to kill innocent security personnel, journalists and some members of the public so as to later put the blame on members of the Islamic Movement just as they did in July, 2019 in Abuja. “We, therefore, call on security personnel, journalists and members of the public to be particularly extra vigilant. The general public, media and the international community should now hold the government responsible for the false flag operation should violence breakout during our usual Ashurah commemoration tomorrow Tuesday.�
government has said 640 Nigerians have registered to come back home from South Africa. The federal government had earlier deferred the date for the evacuation following the need to get travel certificates for many of them that do not have legal papers and others that have expired passports. With the support of Air Peace, the government has scheduled tomorrow to begin the evacuation. However, the Chairman, CEO of Nigerians in Diaspora Commission, Hon. Abike Dabiri-Erewa, in a statement yesterday, said 640 Nigerians had registered to come back to Nigeria so far, adding that Air Peace in two operations would transport them home. Spokesperson of the Ministry of Foreign Affairs, Mr. Ferdinand Nwonye, had earlier told THISDAY that the evacuation would begin this week, but said the day for the evacuation would be announced. But a reliable source in the ministry told THISDAY that the evacuation might start tomorrow. It was also learnt yesterday that the leaders of the Nigerian community in Cape Town have met with Ezekwesili to proffer a solution to recurring xenophobic attacks in South Africa, asking the South African government to apologise to Nigeria The meeting, which took place on the sidelines of the World Economic Forum (WEF) in Cape Town, South Africa, was attended by Nigerian entrepreneurs, professionals and the Nigerian community
led by Mr. Cosmos Echie, the acting President of the Nigerian Community Western Cape. According to the communiquĂŠ of the meeting held in the form of an interactive session and made available to THISDAY in Abuja, the group preferred to describe the attacks as “Afrophobia.â€? "It was unanimously agreed that the crisis is detrimental to the spirit of African renaissance, affirmation of black heritage, progress and development,â€? it said, adding: “Afrophobia compromises everything that the recently brokered intra-African trade - Africa Continental Free Trade Agreement — represents and aspires to deliver.â€? According to a copy of the communiquĂŠ made available to THISDAY yesterday, the governments of Nigeria and South Africa were urged to guide against provocative comments. Ramaphosa was also asked to apologise to Nigerians and other countries whose citizens were attacked. This, the experts said, would ensure that bilateral trade agreements between the two countries would not be affected.
ATTACKS NOT XENOPHOBIC, SOUTH AFRICA INSISTS, SAYS 89 NIGERIANS KILLED 2017 at 89. Abubakar, who is the Director General, National Intelligence Agency (NIA), was dispatched to South Africa in the wake of the xenophobic attacks by South Africans against their fellow Africans, including Nigerians. The attacks, which are yet to abate, have made the federal government to intensify efforts at evacuating Nigerians willing to return home from South Africa. So far, 640 Nigerians have registered to come back home from the rainbow nation. The evacuation plans are going on just as efforts are being made for a peaceful resolution of the diplomatic crisis between the two top African nations. Already, a former presidential candidate, Mrs. Obiageli Ezekwesili, and leaders of the Nigerian community in Cape Town have met to proffer a solution to recurring xenophobic attacks in South Africa with a demand that the South African government should apologise to Nigeria. In spite of the general belief, THISDAY presidential sources said yesterday, that President Cyril Ramaphosa and senior officials of his government insisted to Buhari’s envoy that the widespread attacks were not xenophobic, revealing that although between December 2017 and September 2019, 89 Nigerians were killed in the country, 39 of them were slain by their compatriots due to drugs related disputes. South African officials nevertheless admitted that 19 of the death arose from police brutality while the rest were
due to other causes. The South African authorities were also said to have revealed that between 300,000 to 400,000 Nigerians are in South Africa. Of this number, 10,860 are currently in prison serving various terms but 60 percent of these inmates are in for drug-related crimes. The authorities reportedly told the envoy that there are three categories of Nigerians in South Africa. The first are professionals, who are doing very well in such fields as medicine and the academics. The second are businessmen, including genuine traders. The third are those into drugs. “These people (drug couriers) are few but they are very loud. Sadly, it is they that are seen as the faces of Nigeria in South Africa,� a senior official was said to have told the special envoy. The history of Nigerians in South Africa was traced to the face-off between the late President Nelson Mandela and late Gen. Sani Abacha, following the killing of environmental rights activist, Dr. Ken Saro-Wiwa, in 1995. After the spat between the two leaders, Mandela said any Nigerian desirous of relocating to South Africa could do so. Many took him by his word and went. However, giving details of what transpired between the president’s special envoy and Ramaphosa, Special Adviser to the President on Media and Publicity, Mr. Femi Adesina, said in a statement yesterday that the special envoy, who was in Pretoria from September 5 to September 7, among others, conveyed to Ramaphosa the
president's deep concern about violence against Nigerians in his country. Highlighting the message delivered by Abubakar and the response of Ramaphosa, whom he said described the attacks as embarrassing, Adesina said the special envoy told the South African president about Buhari’s deep concern about the intermittent violence against Nigerians and their property/business interests in South Africa. He said: "President Buhari stressed the need for South African Government to take visible measures to stop violence against citizens of brotherly African nations. "President Buhari is worried that the recurring issue of xenophobia could negatively affect the image and standing of South Africa as one of the leading countries on the continent, if nothing is done to stop it. "The special envoy conveyed the assurance of President Buhari that the Nigerian government is ready and willing to collaborate with the South African government to find a lasting solution to the involvement of few Nigerians in criminal activities, and to protect the lives and property of the larger groups of other law abiding Nigerians and indeed Africans in general, against all forms of attacks including xenophobia. "President Buhari further assured that the Nigerian Government would guarantee the safety of lives, property and business interests of South Africans in Nigeria." Adesina also narrated the South African President's
response to the envoy's message, saying Ramaphosa "agreed that the violence was most disconcerting and embarrassing." He also said the South African president told the envoy that his government completely rejected acts of xenophobia, which he said undermined not only the country’s image but also its relations with brotherly African countries. According to the statement, Ramaphosa did not only reaffirm his stance against criminality but also expressed his commitment to doing everything possible to protect the rights of every Nigerian and other foreign nationals in the country. Adesina also added that the special envoy also interfaced with his South African counterpart where they both reviewed the situation of foreign emigrants in general and Nigerians in particular. According to him, they agreed to work together to find a permanent solution to the root causes of the recurring attacks on Nigerians and their property. He also added that Buhari had taken note of the report and consequently instructed the Minister of Foreign Affairs to continue to engage appropriate authorities on concrete measure the South African government is expected to take. Adesina also said Buhari gave an instruction for the immediate evacuation of all Nigerians who are willing to return home. 640 Nigerians Register to Return from South Africa Meanwhile, the federal
BANKS’ IMPAIRMENT CHARGES DOWN BY 34% TO N86BN IN SIX MONTHS impairment charges fell to N4.879 billion in 2019, down from N7.340 billion in 2018, while that of ETI declined from N61.2 billion to N49.3 billion. Fidelity Bank Plc recorded N2.593 billion provision for 2018 but recorded a write-back of N5.473 billion in 2019. GTBank Plc ended the period with loan loss provision of N2.186 billion, up marginally from N2.032 billion, while that of Jaiz Bank Plc fell to N174 million, from N294 million. Sterling Bank Plc made a provision of N2.429 billion, up from N1.844 billion in 2018,
while that of UBA fell from N6.732 billion to N3.120 billion in 2019. Union Bank of Nigeria Plc had a write-back of N4.485 billion in 2019, compared with a charge of N4.625 billion in 2018. Zenith Bank Plc recorded N13.735 billion impartment charge, up from N9.720 billion, just as Unity Bank Plc posted N491 million, compared with N223 million in 2018. Wema Bank recorded N469 million impairment charges, down from N824 million, just as FBN Holdings Plc reduced its impairment charges to N8.26
billion, from N22.107 billion. FCMB Group Plc ended the six months with N5.498 billion loan loss provision, compared with N7.333 billion in 2018. Stanbic IBTC Holdings Plc recorded a write-back of N557 million compared with a provision of N5.508 billion in 2018. Some of the banks that witnessed reduced impairment charges pledged to further improve on their balance sheet management. Commenting on the development, an analyst at Ecobank Nigeria, Mr. Kunle Ezun, attributed it to the
reduction in non-performing loans (NPLs) that has been observed in the industry. “As the industry NPLs drop, we would continue to see reduction in impairment charges as some of them are no longer carrying toxic assets that were weighing them down. So, ones the loads are coming down, they won’t be having reasons to pay those charges,� Ezun told THISDAY in a telephone interview. The Central Bank of Nigeria (CBN) recently disclosed that the value of NPL ratio in the banking sector stood at 9.36
per cent as at June 2019, the first time it would drop to single-digit in the past 40 months. A member of the Central Bank of Nigeria (CBN) Monetary Policy Committee (MPC), Prof. Adeola Adenikinju, who disclosed this, had explained: “The Capital Adequacy Ratio (CAR) and NPLs ratios are trending in the right direction. For the first time since December 2015, the NPLs in June 2019 were single digit, though higher than the maximum required under the prudential guideline.�
TOP GAINERS UACN UPDC JOHNHOLT SEPLAT FBNHOLDINGS TOP LOSERS LIVESTOCK LASACO CUTIX
NGN NGN 0.55 6.60 0.09 1.08 0.05 0.61 28.30 426.00 0.30 4.65 NGN 0.03 0.39 0.02 0.27 0.10 1.40 NPFMFB 0.08 1.16 NESTLE 69.00 1,136.00 HPE Nestle Nig Plc â‚Ś1,136.00 Volume: 290.490 million shares Value: N4.294 billion Deals: 2,900 As at yesterday 9/9/19 See details on Page 31
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NEITI: FAAC Disbursements Slump by N104bn in Six Months Says govt revenue unpredictable Chineme Okafor in Abuja A report released yesterday by the Nigeria Extractive Industries Transparency Initiative (NEITI) showed that the total revenue shared by the three tiers of government in Nigeria – federal, state and local governments– in the first half of 2019 slumped by 2.61 per cent or N104 billion from the corresponding period in 2018. The report, “Analysis of FAAC Disbursements for H1 2019,� also noted that the profile of the quarterly revenue earned by the federal government was unpredictable, describing it as being ‘zigzag’ because of the volatile nature of commodity revenue the government heavily relied on. The NEITI quarterly report, which was obtained by THISDAY, stated that an analysis of the Federation Account Allocation Committee (FAAC) figures showed that total disbursements in the six months of the year was N3.842 trillion as against N3.946 trillion disbursed
in the same period in 2018, indicating a shortfall of N104 billion. “The total amount of disbursements by FAAC in the first half of 2019 was N3.842 trillion. This was 2.61 per cent lower than the N3.946 trillion disbursed in the first half of 2018 but 37.79 per cent higher than the N2.788 trillion disbursed in the first half of 2017,� said the report. It explained that in the second quarter of the year as well, the FAAC recorded a 4.71 per cent drop in its total disbursement, which was N1.913 trillion as against the N2.008 trillion shared in the second quarter of 2018. According to it, a breakdown of the FAAC disbursement showed that the federal government received N1.599 trillion; the 36 states got N1.335 trillion while the 774 local governments shared N792 billion during the period under review. Also, the total FAAC disbursements in the second quarter of 2019 were the lowest since the fourth quarter of 2017. “The quarterly FAAC
Communications, Dr. Orji Ogbonnanya Orji. The organisation said it combined new data for the 2019 second quarter with previously examined data for the 2019 first quarter to get the latest figures, adding that while there was an increase in FAAC revenues in the first half of 2018 and 2017, they were not sustained in 2019. It also added that the analysis used came from data obtained from the National
Bureau of Statistics (NBS), Office of the Accountant General of the Federation and FAAC. “In the first half of 2019, total disbursements to the federal government were N1.599 trillion. This amounted to 41.61 per cent of the total amount disbursed over this period. "This amount was lower than the N1.652 trillion disbursed in the first half of 2018 but higher than the N1.098 trillion disbursed in the first half of 2017. “Thus, disbursements to the federal government in the first half of 2019 were 3.22 per cent lower than disbursements in the first half of 2018 but 45.56 per cent higher than disbursements in the first half of 2017,� it added. It stated that total disbursements to states in the first half of 2019 were N1.335 trillion, compared to N1.375 trillion and N923 billion in 2018 and 2017 respectively. This, it explained, indicated that disbursement to states in the first half of 2019 was 2.9 per cent lower than the first half of 2018 but 44.7 per cent higher than the
first half of 2017. “For the first six months of 2019, disbursements to states were N223.67 billion in January, N230.66 billion in February, N220.87 billion in March, N218.08 billion in April, N214.41 billion in May, N228.04 billion in June. “Thus, disbursements increased by 3.1 per cent between January and February. But disbursements fell by 4.2 per cent between February and March, by 1.3 per cent between March and April, and by 1.7 per cent between April and May. Finally, disbursements increased by 6.4 per cent between May and June. "A comparison of the 2019 figures with the 2018 figures shows an aggregate decrease in 2019,� it stated. On the federal government’s share of the revenue, the report said it increased from N270.17 billion in January to N275.33 billion in February, and then fell to N257.68 billion in March but increased slightly to N257.76 billion in April, and fell again to N253.92 billion in May, before increasing to N284.16 billion in June.
After Justice Bulkachuwa recused herself from the case, it took her over two weeks to appoint a replacement, which made Atiku to express concerns over the delay in her finding a replacement for herself on the tribunal. The PDP candidate in a letter through his counsel, dated May 31, 2019, urged the President of the Court of Appeal to appoint a replacement forthwith. According to him, the tribunal has a timeline to prosecute the petitions, adding that 76 days have already been expended out of the 180 days allowed by law, as seen in Section 134 (2) and (3) of the Electoral Act (2010 as amended). With Justice Bulkachuwa naming her replacement, the tribunal resumed sitting during which Atiku and PDP called 62 witnesses to prove their case. While INEC did not call any witness, Buhari and APC called seven witnesses before abruptly ending their defence. Many legal minds had said the expected tribunal's decision was one that would define the jurisprudence of electoral matters and democracy in the country. Atiku and PDP in the petition, had insisted that they and not Buhari and APC won the presidential election. According to them INEC had connived with Buhari, APC and agents of the federal government, including the military to rig the election in favour of Buhari. They therefore urged the tribunal to nullify the victory
of Buhari and declare them winner of the presidential election. The petitioners also asked the tribunal to nullify Buhari's participation in the election on the grounds that he did not possess the necessary academic qualifications for the office of the president, stating that Buhari submitted false information to the INEC to aid his qualification for the said election. In their final address, Atiku and PDP, had argued that the respondents instead of defending the claim by the petitioners that Buhari failed to provide proof of any of the three certificates he claimed to possess, dwelled on the issue of whether the president could speak English language or not. According to lead counsel to the petitioners, Dr. Levy Uzuokwu (SAN), the mere fact that artisans on the streets of Nigeria can speak English language does not make them qualified to contest for the presidency. The PDP presidential candidate also faulted the claim of INEC that it has no central server, adding that server is a storage facility, which include computer, database of registered voters, number of permanent voter card and election results amongst others are stored for references. He said the claim by INEC that it has no device like server to store information, "is laughable, tragic and a story for the dogs". Atiku's lawyer in the final address debunked the claim of INEC that collation and transmission of results
electronically was prohibited by law in Nigeria. However, Usman urged the tribunal to dismiss the petition with substantial cost because INEC conducted the election in total compliance with the 1999 Constitution (as amended) and the Electoral Act 2010. Usman said INEC did not transmit election results electronically because the law prohibited doing so and that the commission did not call any witness because there was no need to do so. In his defence, Buhari through his counsel, Chief Wole Olanipekun (SAN), said Atiku's petition was liable to be dismissed because it was lacking in evidence, merit and substance and that the petition was ill-advised and signified nothing. Olanipekun cited Section 131 of the Constitution, which stipulated a minimum of secondary school attendance to qualify for election in Nigeria, adding that Buhari cannot go beyond that and he does not need to tender or attached certificate before he can get qualification for any election. He averred that there was nothing in law to persuade the tribunal to nullify the February 23 presidential election as pleaded by Atiku and urged the tribunal to dismiss the petition with substantial cost. Fagbemi, in his own submission, said the petition lacked quality evidence that could warrant the nullification of the election as pleaded by the petitioners and urged the tribunal to throw it out with a huge cost.
Executive Secretary, NEITI, Waziri Adio disbursements from Q1-2013 to Q2-2019 reveal that the total disbursement of N1.913 trillion in the second quarter of 2019 was the lowest since the fourth quarter of 2017 when N1.700 trillion was disbursed. "The figure shows that three quarters of 2018 had total disbursements above N2 trillion,� said NEITI in an accompanying statement on the report, which was signed by its Director,
SIX DAYS TO DEADLINE, PEPT YET TO GIVE JUDGMENT DATE anxiety in the camps of both parties yesterday as they await with bated breath, the tribunal’s decision in the petition filed by Atiku and the opposition party challenging the declaration of Buhari as winner of the election. The concerns are triggered by the fact that as at yesterday, the tribunal had not fixed a date for judgment after August 21 when it reserved its verdict on the matter and a few days to the expiration of the 180 days provided by the Electoral Act, for the tribunal to conclude the matter. The five-member panel of the tribunal, led by Justice Mohammed Garba, reserved judgment after the petitioners and respondents adopted their final written addresses. Justice Garba while reserving judgment on the petition had informed parties that the tribunal would communicate to them the date the verdict would be delivered. Sequel to Section 134 (2) and (3) of the Electoral Act 2010 (as amended), the hearing and judgment in petitions at the tribunal of first instance are supposed to be concluded within 180 days. However, 19 days after it adjourned to deliver judgment and with barely six days in the life span of the petition, THISDAY’s investigation last night revealed that the tribunal is yet to communicate the date for the judgment to the parties in the petition. While Atiku and PDP are the petitioners in the suit, the Independent National
Electoral Commission (INEC), Buhari and APC are the first to third respondents respectively. Speaking exclusively to THISDAY yesterday in Abuja one of the counsel to the APC, Prince Lateef Fagbemi (SAN), said no date had been communicated to them, adding that "it is not going to be a secret thing, once a date is given, we will all know." Also speaking, a senior member in the legal team of Atiku and PDP, Chief Chris Uche (SAN), confirmed that the tribunal as at the time of talking with THISDAY was yet to communicate with them concerning the date for judgement. While looking at Thursday or Friday as possible day for the delivery of the judgment, Uche stated that long notices were usually not given in such circumstances. "I'm sorry I cannot confirm yet. We are looking at Thursday or Friday. We are following up on it. As we text, our lawyers are at the court registry waiting for official communication. “I am sure by tomorrow we will know. Usually, in such matters as I have noticed in the recent past, a long notice is not usually given,’’ the senior lawyer stated. The 180 days provided by law within which an election petition must be heard and judgment delivered, will expire on Sunday, September 15, 2019 and as such any decision taken outside that day becomes null and void, a mere academic exercise and disadvantageous to the petitioners.
In order not to be caught in the time trap, the Atiku/PDP camp had last Wednesday written to the tribunal on the imperative not to allow the petition at the Presidential Election Petition Tribunal to be caught by legal timeline. THISDAY gathered yesterday that nearly a week after the letter was received at the Court of Appeal, response to the letter was still being awaited. The PDP and Atiku had on March 8 petitioned the tribunal over the February 23 election in which INEC returned Buhari as duly elected. However, following what he considered as perceived foot-dragging by the tribunal in hearing his petition, Atiku had on June 2 first petitioned the Court of Appeal alleging a deliberate ploy to truncate the constitutional timeline of the Presidential Election Petition Tribunal. The petition came 11 days after the President of the Court of Appeal and erstwhile chairperson of the 2019 Presidential Election Petition Tribunal, Justice Zainab Bulkachuwa, recused herself from the tribunal following the petition of the PDP and Atiku/Obi legal team. The PDP and Atiku, among other things, had said Justice Bulkachuwa, being the wife of Adamu Bulkachuwa, a prominent card-carrying member of the APC and senator-elect for Bauchi North Senatorial District, which is a political party involved in the suit, would be biased in deciding the case.
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Group News Editor Ejiofor Alike Email Ejiofor.Alike@thisdaylive.com, 08066066268
Don’t Join Issues with Oshiomhole, Obaseki Orders Edo Officials
Adibe Emenyonu in Benin City Edo State Governor, Mr. Godwin Obaseki, has ordered officials of the state not to join issues with
the National Chairman of the All Progressives Congress (APC), Mr. Adams Oshiomhole, over the hostile comments credited to the former governor of the state.
Again, Sultan Cautions against Criminalising Ethnic Groups James Sowole in Akure Sultan of Sokoto, Muhammadu Saad Abubakar, yesterday called on the traditional institutions to raise their voice against denigrating the nation’s diversity and criminalisation of ethnicity. The Sultan made the call in Akure, Ondo State while delivering a public lecture organised to commemorate 2019 Ulefunta, an annual traditional festival being celebrated by the Paramount Ruler of Akure Kingdom, Deji of Akure, Oba Aladetoyinbo Ogunlade. The lecture with the theme: “Our Diversity, A Divine Gift and Blessing Untapped: Surmounting the Challenges of the Management of Our Diversity” attracted dignitaries including traditional rulers from within and outside the state, the academia and captains of industries. Abubakar said there are criminals in every ethnic group and in every nationality. “The criminalisation of ethnicity and the ethnicisation of criminality, which we seem to relish and promote, will not benefit anyone. “The fact of the matter is that there are criminals in every group and in every nationality. It is a human trait not an ethnic trait. Some of this criminality is economic related and will abate once we create jobs and prosperity,” Abubakar said. He added that Nigeria’s diversity should be seen as an advantage and not be seen as a problem, saying all over the world diversity remains a means to enhance growth and development of various ethnic group and the nations at larger.
He said: “Studies have shown that the more diverse the society the richer the human ingenuity and the more enterprising the milieu, giving vent to remarkable development and stronger the economy. “Diversity is not a liability; it is an asset, a critical one at that. Diversity is not the problem; it is the management of diversity that is often the problem.” The Sultan noted that it’s the responsibility of all Nigerians to come together to fight the extremists and criminals among the people of the country, flush them out of the system and make the good people to live their normal lives. Speaking earlier, Ondo State Governor, Mr. Oluwarotimi Akeredolu, SAN, urged Nigerians to look beyond their religious differences and give importance to the unity of this country. The governor emphasised that religion should be seen as a unifying factor rather than a doctrine that is meant to divide us. Akeredolu said he was glad that immediately the Sultan arrived Akure on Sunday, he held a meeting with the state religious leaders under the auspices of the Nigerian Inter-Religious Council on the need to shun religious crisis. “I must appreciate the fact that you had the opportunity, sir, to attend a meeting with our state religious leaders on how to form amity among religions because here, particularly in Ondo State, and most parts of the southern Nigeria, a number of families, if not most families, have Christians and Muslims co-existing as family members.
BA Cancels Flights over Pilot Strike European mega carrier, British Airways will cancel all its flights from today following the prospect of a widespread pilot strike. The airline has directed that passengers should not turn up at the airports because there would be no flights. “After many months of trying to resolve the pay dispute, we are extremely sorry that it has come to this,” the airline announced yesterday, blaming a lack of progress in its talks with the British Airline Pilots Association (BALPA). “Unfortunately, with no detail from BALPA on which pilots would strike, we had no way of predicting how many would come to work or which aircraft they are qualified to fly,” British Airways added in its statement.
“So, we had no option but to cancel nearly 100 per cent of our flights.” The announcement is coming amid the launch of a 48-hour walkout planned by the union, which is pushing for better benefits for pilots and what they say is a fairer share of the company’s revenue. The airline has explained that it has made pilots in the union “a generous offer of a 11.5 per cent pay increase over three years.” But pilots, according to the union, “remain very angry with BA.” The pilots said the company had increased its profits — more than $3 billion annually, according to parent company International Airlines Group — on the backs of its pilots, with pay cuts and long hours.
Oshiomhole, had in a statement by his Chief Press Secretary (CPS), described as arrant nonsense, the allegation by Edo Speaker, Frank Okiye that he planned to impeach Obaseki. He said he had no personal quarrel with Obaseki because in the first instance, he did not see any impeachable offence committed by the governor to warrant impeachment, adding that what the governor was supposed to do was to lobby the entire 24 members of the state assembly, who are APC member
so as to produce a speaker of his choice rather than endorsing a night inauguration. But in a statement jointly signed by Commissioner for Information and Orientation, Paul Ohonbamu; and Special Adviser, Media and Communication Strategy to the governor, Mr. Crusoe Osagie, the governor said he is pursuing the path of peace for the sake of Edo people. The statement said: “The Edo State Government observed over the weekend, leading to this week, very hostile statements credited to
our revered National Chairman, Comrade Adams Oshiomhole, across the various media platforms, including radio, television, newspapers and the social media. “This onslaught against the governor and government of Edo State, widely publicised, has also been trailed by enquiries about the state government’s response to these attacks, from various stakeholders, both within and outside the country.” “Consequently, the Edo
State Governor, Mr. Godwin Nogheghase Obaseki, has instructed that no state actor, within Edo State Government, should make any comment whatsoever or join issues on the ensuing hostile comments and discussions,” the statement said. They added that “Obaseki said he has chosen to pursue the path of peace and reconciliation in dealing with these issues in the interest of the good people of Edo State and our great party, the All Progressives Congress (APC).”
RISING AGAINST XENOPHOBIA…
L-R: Minority Leader, House of Representatives, Hon. Ndudi Elumelu; Speaker, House of Representatives, Hon. Femi Gbajabiamila; Deputy, Speaker, Mr. Idris Wase; Deputy Leader, Hon. Peter Akpatason; and Deputy Whip, Hon. Nkiruka Onyejeocha, during a World Press Conference on Xenophobic attacks held in Abuja JULIUS ATOI
Crude Oil Price Rebounds to $62 as New Saudi Minister Commits to Output Cuts Ejiofor Alike with agency reports Oil prices rose more than two per cent yesterday after the new Saudi Energy Minister, Prince Abdulaziz bin Salman, confirmed expectations that he would stick with his country’s policy of limiting crude output to support prices. Prince Abdulaziz, son of Saudi King Salman and a long-time member of the Saudi delegation to the Organisation of the Petroleum Exporting Countries (OPEC), replaced Khalid al-Falih on Sunday. Prince Abdulaziz bin Salman, according to an analyst quoted
by Reuters, is known as an oil production cutter, who “has been instrumental in securing production cuts in the past.” Brent crude futures gained $1.32, or 2.1 per cent, to $62.86 a barrel, while U.S. West Texas Intermediate (WTI) crude futures rose $1.44, or 2.6 per cent, to $57.96 a barrel. Prince Abdulaziz said the pillars of Saudi Arabia’s policy would not change and a global deal to cut oil production by 1.2 million barrels per day would survive. He added that the so-called OPEC+ alliance between OPEC and non-member countries, including Russia was staying
for the long term. Russia’s oil output in August exceeded its quota under the OPEC+ agreements. OPEC oil output in August rose for the first month this year as higher supply from Iraq and Nigeria outweighed restraint by Saudi Arabia and losses caused by U.S. sanctions on Iran. On Sunday, the United Arab Emirates’ Energy Minister, Suhail al-Mazrouei, said OPEC and non-OPEC producers were “committed” to achieving oil market balance. The OPEC+ deal’s joint ministerial monitoring committee meets on Thursday
in Abu Dhabi. Trade and geopolitical tensions are affecting the market, Mazrouei said. Meanwhile, OPEC’s Joint Ministerial Monitoring Committee (JMMC) may discuss new metrics for the global oil cuts deal when it convenes in Abu-Dhabi on September 12, TASS cited OPEC Secretary-General Mohammad Barkindo as saying yesterday. “This is not on the agenda, but we can discuss it as we will discuss the market situation,” TASS quoted Barkindo as saying about the targets.
Plateau Senator Mourns as Gunmen Kill Two in Fresh Attack on Villagers Seriki Adinoyi in Jos Senator Istifanus Gyang representing Plateau North in the Senate has expressed shock and sadness at the manner assailants recently resumed killings in Plateau State, describing it as unfortunate. His condemnation came on the heels of a fresh attack on Nding Loh village of Fan District of Barkin Ladi Local Government Area last Sunday night where two persons,
Stephen Samuel and Dajugu Randong, were killed, and five others injured. He said: “I am shocked and sad that after several appeals for peace and unity in Plateau North senatorial district, my constituents are witnessing these heinous attacks where people are being killed. “It is regrettable that when we have not recovered from the attacks on Vatt, Rubung in Foron district where lives were also lost last week,
we are again confronted with another sad moment. Yesterday (Sunday) Nding Loh of Barkin Ladi LGA was attacked around 7p.m., leaving two persons dead and five others injured. “I condemn the attacks on my constituents at this time that we are putting efforts to reconcile the Plateau North for peaceful coexistence. I am however resolute about securing, reconciling, and empowering my constituency,
and won’t allow the activities of the enemies to deter me.” Also condemning the attack, the member representing Barkin Ladi in the state House of Assembly, Peter Gyendeng alleged that the attack was done by Fulani herdsmen. He said the five persons who were injured are currently receiving treatment at Nerat Hospital, giving their names as: Mathias Davou, Philip Yakubu, Amos Joshua, Gyang Choji and Thomas Choji.
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Panic Grips Govs over FG’s Stance on Repaying N614bn Bailout Panic has gripped the Nigerian state governors following the directive for repayments of the loans they received from the federal government between 2015 and 2017. The federal government gave out the loans as bailouts during the financial crisis in the states. The Ministry of Finance has put the total indebtedness of the states to the federal government at N614 billion. The money was advanced to the states under the tag of the National Budget Support Loan Facility. While announcing the directives that states should commence repayment last week, the Minister of Finance, Mrs. Zainab Ahmed, said each of the states would be required to refund a total of N17.5 billion. An official close to the office of the Chairman of the NGF and Governor of Ekiti State, Dr. Kayode Fayemi, told The Premium Times that the governors “are jittery” following the announcement of the repayment of the loans. “You know most of the governors are new and they inherited the loans,” he said. “We know government is a continuum, but you know how it feels when you just resumed office in May and you are asked
to start paying such loans in August,” he said The Director-General of the Nigeria Governors Forum, Asishana Okauru, confirmed to Premium Times during a telephone interview that the situation was creating serious concerns for the governors, who are unrelenting in finding a solution to the problem. He said the governors are working out an exit strategy, but that he would not be able to make such public. Okauru noted that what the federal government did in providing the loans was done in good faith, but as the realities of repayment stare the governors in the face, a reconciliation would be necessary to lighten the burden on the governors. “They are thinking of the impact of the new minimum wage; they are thinking of the impact on the security situation in the country and their capacity to raise IGR; they are thinking of expenditure around health, education, innovation and all that,” Okauru said, while listing some of the concerns of the governors. Okauru also confirmed that it was a matter of serious concern that some of the state governors are new and had just taken
over the governance of their respective states. He said these governors would need more time to settle down to deal with serious challenges, admitting, however, that it would be understood that government continues, regardless of who occupies it. He said the NGF was
undertaking a series of meetings with the relevant stakeholders to ensure that a common ground was reached for the benefit of the parties. “Remember that there are several platforms for all this. The National Economic Council is the ideal platform for things like this and those discussions
are ongoing right now,” he said. “The governors seriously think there is a need for reconciliation and they are thinking of ways to ensure that it is a win-win situation at the end of the day.” Although the governors had claimed they judiciously applied the support funds, investigations by the Independent Corrupt
Practices and Related Offences Commission (ICPC) showed some of the states had explanations to render on the manner they spent the funds. The ICPC 2016 report had alleged that some states diverted funds, while others mismanaged the funds to the extent salaries were left unpaid.
EYEING MORE INVESTMENTS …
L-R: Consul-General, Kingdom of the Netherlands in Lagos, Mr. Jan van Weijen; Lagos State Governor, Mr. Babajide Sanwo-Olu; and his deputy, Dr. Obafemi Hamzat, during a courtesy visit by the Consul-General to the governor at Lagos House, Alausa...yesterday
Tribunal Sacks Senate Chief Whip, Kalu, Orders Court Summons Busola Dakolo, Fatoyinbo Rerun Poll in Abia North over Rape Allegation Emmanuel Ugwu in Umuahia The National and State Assembly Election Petition Tribunal (Panel II) sitting in Umuahia, capital of Abia State, yesterday nullified the election of the Senate Chief Whip, Senator Orji Uzor Kalu. In a unanimous judgment read by a member of the panel, Justice P.C. Igwe, the tribunal held that the mandate that Kalu used in getting to the National Assembly was fraudulently obtained. The tribunal ordered that the Independent National Electoral Commission (INEC) should within 90 days conduct supplementary election in eight wards in Arochukwu Local Government and several wards in Ohafia, Isuikwuato and Umunneochi Local Government where election did not hold or votes were cancelled illegally. Kalu was declared winner of the February 23, 2019, senatorial election for Abia North by the electoral umpire. But his predecessor, Senator Mao Ohuabunwa cried foul and proceeded to the tribunal, asking for the election to be nullified on grounds of noncompliance with the electoral law. He also alleged that the margin of victory in the result declared by INEC was far lower than the number of registered voters in over 70 polling units where either election was not conducted or votes were illegally cancelled by INEC. The three-man tribunal headed by Justice Cornelius Akintayo, in determining the
issues involved in the case, agreed with the petitioner that Kalu was not duly elected with majority of lawful votes and that INEC failed to comply with the electoral law. “The petitioner has proved that the Abia North senatorial election is invalid and the (mandate) of the second respondent (Kalu) is null and void and of no effect,” the tribunal said. The tribunal, therefore , ordered that supplementary poll should be conducted in eight out of the 11 wards in Arochukwu Local Government as well as numerous polling units scattered in Ohafia, Isuikwuato, Umunneochi and Bende Local Governments. It also stated that INEC and any candidate declared winner through fraudulent means should not be allowed to get away with it in the interest democracy. “Democracy must be protected by sanctioning any breach of the electoral law,” Justice Igwe said in the judgment that lasted for over three and half hours. The tribunal lashed INEC for unlawfully depriving the people of Abia North the opportunity to elect their leader, insisting that every Nigerian citizen is s stakeholder in the electoral process hence INEC had no right to exclude voters without complying with the law. The tribunal noted that votes were unlawfully deducted from the petitioner in some polling units in Bende and Isuikwuato Local Governments while the second respondent was given unmerited votes.
Mrs. Busola Dakolo, wife of Nigeria’s inspirational singer, Timi Dakolo, has finally dragged the Founder and Senior Pastor of Commonwealth of Zion Assembly (COZA), Biodun Fatoyinbo, to court over her rape allegation. An FCT High Court in a writ of summons obtained yesterday by the News Agency of Nigeria (NAN) dated September 6 and served on Fatoyinbo, ordered the Pastor to appear before it within 14 days of the service or judgment may be given in his absence.
“You are hereby commanded that within fourteen (14) days after the service of this writ on you, inclusive of the day of such service you do cause an appearance to be entered for you, in an action of Mrs. Busola Dakolo. “And take notice that in default the claimant may proceed, and judgment may be given in your absence,” the summon read. The court may subpoena Pastor Matthew Ashimolowo, the Senior Pastor of Kingsway International Christian Centre
(KICC), as he has been listed among the witnesses Busola will be using to establish her case. Busola through her lawyer, Pelumi Olajengbesi & Co., is seeking the order of the court to compel Fatoyinbo to publish a clearly worded apology to Busola on the front page of at least two National Newspapers and two National Televisions for seven days running, consecutively. Busola Dakolo had two months ago made a shocking revelation in a detailed interview with
Chude Jideonwo, a lawyer and journalist of how the Abuja-based cleric raped her as a teenager. She claimed that Fatoyinbo had sexual intercourse with her on September 23 and September 26, 2002, caused her continuous emotional distress and amount to intentional infliction of emotional distress. The viral video report had setsocial media and other online platforms on fire, evoking shock, backlash and criticisms from Nigerians, especially the Christian community.
In Ogun, Tribunal Sacks APC House Member, Orders Rerun within 90 Days Idowu Sowunmi A National and State Assembly Election Petitions Tribunal sitting in Abeokuta, the Ogun State capital, yesterday nullified the election of Hon. Kolapo Korede Osunsanya, representing Ijebu Central Federal Constituency. Osunsanya, otherwise called KKO, was elected on the platform of the All Progressives Congress (APC). The Peoples Democratic Party (PDP) candidate, Taiwo Shote, had filed a petition challenging the declaration of the APC candidate as winner of the February 23 election as declared by the Independent National Electoral Commission (INEC). But delivering its judgment, the tribunal led by Justice Wakkil Alkali Gana, upheld
Shote’s petition and cancelled elections in two polling units and an entire ward in the Ijebu Central Federal Constituency. The Ijebu Central Federal Constituency comprises three local government areas, including Ijebu-Ode, Ijebu North-east and Odogbolu. The tribunal specifically cancelled elections in Ward 5, Unit 5 in Ijebu-Ode Local Government Area of the state; Ward 10, Unit 3 in Odogbolu Local Government area; and the entire Ward 8 in Ijebu Northeast Local Government Area. The Justice Gana-led tribunal ruled that since the margin of lead and difference between the petitioner and 1st respondent was less than 4,000 and the total number of cancelled votes was 8,800, the INEC ought not to have declared Osunsanya as winner of the election in
line with the provisions of the Electoral Act. It said the electoral body should have declared the election as inconclusive and ordered rerun in the affected ward and polling units. The tribunal, therefore, declared that the APC candidate was not duly elected and nullified the Certificate of Return issued to him by INEC. It ordered that a rerun should be conducted within 90 days in the affected ward and polling units in the constituency. Delivering judgment on other petitions, the tribunal upheld the election of Senator Tolu Odebiyi, representing Ogun West senatorial district and Hon. Jimoh Ojugbele, representing Ota Federal Constituency. Justice Gana ruled that the petitioners failed to prove their
allegations of rigging and other electoral malpractices against both Odebiyi and Ojugbele, who are members of the ruling APC. Meanwhile, Shote has described the judgment of the tribunal upholding his petition as victory for the rule of law. According to him, “I am very delighted at the judgment just delivered. I am happy that justice has been served. Although the wheel of justice grinds slowly, it grinds steadily and surely. It is victory for the rule of law and good people of Ijebu Central Federal Constituency. “I thank God and the good people of Ijebu-Ode, Ijebu North-east and Odogbolu local government areas for their unflinching support thus far, and I promise not to disappoint them.”
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Xenophobia: ASUU Tasks FG to Fix Nigeria Idowu Sowunmi Academic Staff Union of Universities (ASUU) yesterday called on the President Muhammadu Buhari-led administration to use the opportunity of the ongoing xenophobic attacks in South Africa to properly re-position and fix Nigeria.
The union said Nigerians would not be forced to join the increasing army of global migrants and wanderers in search of elusive greener pastures if the country was economically buoyant and politically stable. ASUU National President, Prof. Biodun Ogunyemi, who briefed journalists at the end of the union’s National Executive
Council (NEC) meeting held at the Federal University of Agriculture in Abeokuta (FUNAAB), also urged the Buhari administration to declare a state of emergency on the nation’s education sector. Ogunyemi, who was flanked by the ASUU-FUNAAB Chairman, Dr. Adebayo Oni, and other union leaders, decried the
poor living condition in Nigeria which is forcing citizens to flee. The ASUU president noted that as the federal government begins the evacuation of Nigerians from South Africa in response to xenophobic attacks, adequate and sustainable welfare package should be activated for the evacuees. He explained that with the
Armed Robbers Raid Babangida University Hostel Laleye Dipo in Minna Armed robbers in the early hours of yesterday raided the off campus hostel of Ibrahim Badamosi University (IBB) in Lapai, Niger State. The 25-room hostel accommodates both male and female students of the university. An eyewitness told THISDAY that the robbers arrived the hostel at about 12 midnight and started ransacking all the rooms.
Some of the robbers were said to have stayed at the entrance to the gate, while the others went from room to room to lock up the students after which they started the raid. It was gathered that the entire cell phones of the students, laptops, cash and other valuable items were taken away by the robbers. The robbers demanded from the female students’ jewelries and expensive clothes and reportedly slapped several
times those who did not have. “They operated from 12 midnight till 2 a.m. before they left the same way they came,” one of the students said, adding that “it was after the robbers have left that the police came.” An unconfirmed report, however, said some of the girls were injured while others “suffered serious shock.” One of the university’s information managers, Mr. Baba Akote, when contacted
said the institution was yet to be aware of the incident because it did not happen on the campus. However, Public Relations Officer of Niger State Police Command, DSP Muhammad Abubakar, confirmed the report, saying the incident happened outside the university campus. w“We are already investigating the matter,” Abubakar said, adding that the robbers would be apprehended and brought to justice.
increasing insecurity, mindless betrayal of the people’s trust by elected politicians, mass unemployment of the teeming youth, ethno-religious conflicts and rising cases of violent crimes and criminalities in the country, there are ominous signs of a failing Nigerian nation. Ogunyemi submitted that if Nigerian leaders fix the country, the citizens would prefer to stay back and rather contribute their quota to its development. According to him, “We have the resources to compete and beat South Africa on any ground such that the respect would be mutual. But, today, they see us as dependent, inferior and people they could just discard with. “If you go to South African universities, maybe 50 per cent of their top notch scholars are people from Nigeria or tutored by Nigerians. The academic and intellectual community in South Africa respects Nigerians. But,
when you now start to compete with their income section, there is bound to be conflict. “If we fix our country, South Africa will respect us. We lost our respect the moment we can no longer cater for our citizens. Even if we bring back people from South Africa and we don’t have plans for them, they will still find a way of going back. “ASUU believes that Nigeria is not inferior to any country in this world. What we only need to do is to get our acts right, fix our country; even leading countries in the Western world will respect us. We remain dependent and that is why we call Nigeria dependent peripheral rentier country. Nigeria operates at the fringes of global economy. “If we have a country that does not respect his intellectual community, that country will never witness what we call transformation because education is the catalyst to development.”
PDP to Reduce Staff Strength By 50% Before December Chuks Okocha in Abuja Baring any further changes, the Peoples Democratic Party (PDP) would reduce its staff strength by 50 per cent between now and December this year. The much-rumoured staff reduction by the main opposition party was recently
confirmed when the PDP National Chairman, Prince Uche Secondus and his members of the National Working Committee (NWC) met with the over 120 staff of the party. According to some members of staff that spoke to THISDAY on the outcome of the meeting, the national
chairman and members of the NWC confirmed that there would be a reduction in the staff strength by 50 per cent. A staff at the meeting who pleaded anonymity told THISDAY that “the chairman and the members of the NWC confirmed that there would be reduction of staff strength by 50 per cent between now
and December this year; we were also told that a committee has been set up by the NWC but the committee has not submitted its report. We don’t know the criteria or terms of references for the reduction in staff strength. But one thing that we are taking home is that there would be a reduction in staff strength.”
1 week to go
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COMMENT
Editor, Editorial Page PETER ISHAKA Email peter.ishaka@thisdaylive.com
TAKING AWAY THE WELCOME MAT
Atanasius Mgbor writes that some past leaders are not doing enough for the Buhari administration
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onsidering the enormity of the challenges confronting governance in Nigeria and the strenuous commitment of President Muhammadu Buhari to brave the odds and remain undeterred in providing responsible leadership, what an awesome difference it would make if our most prominent elder statesmen – Yakubu Gowon, Olusegun Obasanjo, Ibrahim Babangida, TY Danjuma and Abubakar Abdulsalaam - individually and sincerely resolve to partner with President Buhari in the herculean task of overcoming the problems as soon as possible. Even without going into the semantics of definition, these five prominent elders and former leaders are regarded by generality of Nigerians as fathers of the nation by virtue of their unique antecedents in the political history of the country. In the same context, none of these people can conscientiously look away from the fatherland in its hour of need after occupying the highest office in the land and deriving the most beneficial privileges of their positions. They have often urged the people to contribute to national unity, progress, peace and prosperity as good citizens, they can only concur when the people demand that to whom much is given, much (more) is expected. Apart from these civic obligations, these gentlemen and officers are additionally enjoined by professional persuasion to uphold the bond of espirit d’corps that commits them to stand by each other as comrades, in or out of uniform, in the national interest. This bond is particularly overriding in expressing and exhibiting unalloyed loyalty, not just to the fatherland, but also to the Commander-in-Chief, as the symbol of professional and national leadership, as the case may be. The collective commitment to maintain professional rapport and loyalty to the leader was a major pillar on which the solidarity of the armed forces was sustained throughout the long era of military rule in the country, irrespective of the often violent coups that punctuated the period. It was certainly the focus of the dynamics for the forced final withdrawal of the military from political control of the government in 1999, which tele-guided the transition to civil rule with an imprisoned retired army general and former commander-in-chief, getting express pardon and an anointed party to lead the way-and provide covering fire for safe retreat! The situation today, with President Buhari virtually on his own in a twist to the tale that saw at least three “comrades� adopting a rebellious posture, is a sad commentary on the genuineness of the concerned officer-gentlemen’s avowed obligation to uphold national interest, espirit d’corps and loyalty to the commander-in-chief, especially in trying times when the nation from which they extracted maximum benefit, expects and deserves support. Nigerians are left wondering whether entitlement to the prestigious honour and highest patriotic laurel conveyed in the conferment of elder statesmanship has not been betrayed by the elevation of personal, political and parochial pursuits above the national interest. General Yakubu Gowon remains the standard bearer in consistent
GOWON HAS BEEN A SINCERE SUPPORTER OF HIS MILITARY AND CIVILIAN SUCCESSORS, LENDING HIS VOICE IN ADVOCACY TO PROMOTE OPTIMISM IN TRYING TIMES
commitment to the national interest exemplified by persistent preachment of unity, peaceful co-existence, nationalism, ethical values, respect for constituted authority, law and order, good governance and Godliness. The general has been an icon for elder statesmanship who is seen as the architect of the rapid post-civil war normalization of strained geo-political ties with his famous “no victor, no vanquished� and reconciliation, rehabilitation and reconstruction advocacy and policy thrust as Head of State. He has been a sincere supporter of his military and civilian successors, lending his voice in advocacy to promote optimism in trying times. He has avoided opportunistic self-righteousness and blended constructive comments with motivational speeches thereby promoting positive attitudes to governance challenges. Former President Ibrahim Babangida remains a reliable reference point in the continuing quest for lasting solutions to national challenges by bringing his acclaimed unique experience and insight on the perspectives of politics, government, peoples of Nigeria and leadership to bear on his well-timed contributions to discourse. He even takes responsibility for issues relating to his tenure in office in a refreshing departure from the buck-passing, know-it-all tendencies of some elders. No one need telling of the status of General TY Danjuma on the elder statesmanship arena because he has withdrawn from the obligation to maintain espirit d’corps and demonstrate loyalty to the Commanderin-Chief, especially in trying times, that Nigerians expect of him. The one-time legendary war hero and no-nonsense army general could not remain the same after becoming the effortless inheritor of a sprawling oil-block, half of which earned him so much money after selling it to the Chinese! Retaining the other half as an inexhaustible source of inestimable wealth, the general has since become a philanthropist at home and smiling stakeholder in international five- star hotel business, among other acquisitions. But Nigeria today is at the receiving end of Danjuma’s terrifying tantrums and with venom even against his military constituency. Ex-President Olusegun Obasanjo needs no introduction in the desecration of espirit d’corps that earned him a second stint as military-packaged civilian president. His capacity for exuberance even where adolescents would go limp is exasperating. Sadly, General Abdulsalaam has lately succumbed to the self-righteous stupor what with a “roundtable� without a constituency! Perhaps it is just as well that President Buhari soldiers on without the disguised distraction of deserters who, unlike him, no longer regard themselves as fathers of the nation but look away from the fatherland in its hour of need, turn deaf ears to the peoples’ demand, that to whom much is given, much is expected besides violating the bond of espirit d’corps that commits them to stand by each other as comrades, in or out of uniform, in the national interest. Mgbor wrote from Gboko
IT’S TIME TO ENTER HISTORY
Judges should be bold enough to stand on the side of the law, writes Robert D. Obiorah
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ho is Nigeria’s bravest judge? I mean that judge that can speak fearlessly against a government that has mastered the act of harassment, intimidation of judges. The time we live in beckons for judges who will speak truth to power; Judges who are incorruptible; who will not succumb to external pressure and who will not pervert justice. Who is that Nigeria judge who will rule against a ruling government when the constitution is violated? Chief Justice of Nigeria Mohammadu Tanko stole my heart when he announced his plans to fight corruption in the judiciary but dashed the hope of the masses when he led the panel of judges that heard the Osun case between Adeleke and Oyetola. Surprisingly, not a single member of the panel raised a voice of dissent against the determination of that suit on the basis of technicality. If we can help it, Supreme Court decisions should always be determined on merit of the case. Once upon a time we had in this country upright and fearless judges that bestrode our judiciary space like colossus and I mean great judges and the best Africa could produce. I recall the times of judges like Justices Chukwdifu Oputa, Nnaemeka Agu, Damley Alexander, Olawale Elias, Mohammad Uwaise, Atanda Williams, Ademola Adetokunbo, Ayo Irikefe, Idris Kutigi, Salihu Modibo, Sodeinde, Belgore, and many others. I will use the story Justice H. R. Khanna of India to further illustrate how every dark hour creates its own shinning stars. In the darkest time of India’s democracy, at a time when the constitution itself was under attack, Justice H. R. Khanna held his nerve to ensure that he stood for what’s right, and did not give in to pressure. The time is the emergency period under the Prime Ministership of Indira Gandhi. In order to prevent herself from being disqualified as a Member
of Parliament, and to ensure absolute control in her hands, the emergency was proclaimed. The proclamation of emergency was followed by an unprecedented crackdown on any kind of opposition to the government. On various flimsy pretexts, almost all major opposition political leaders were arrested and held without bail or production before magistrates for indefinite periods. There was only one weapon still available to the opposition, which was resorted to by them. The writ of Habeas Corpus, which protects an individual from arbitrary arrest and illegal detention, was resorted to by several opposition leaders by filing writ petitions in different high courts, seeking the court’s protection against the government. Obviously, the Indira Gandhi government was not keen on the court’s interference in their agenda, so in every case, the government strongly contested the writ petitions, claiming that the protection of the writ of Habeas Corpus was unavailable during emergency. This matter was bound to reach the Supreme Court, and sure enough, soon an appeal from High Court’s orders reached the Supreme Court. The advocates of the Supreme Court had been active opponents of the emergency, and feared that the then Chief Justice A. N. Ray, who was promoted as CJI superseding three senior judges owing to his favouring the government in the Keshavananda Bharati case [(1973) 4 SCC 225], would constitute a bench of judges favourable to the government. The legendary advocate C. K. Daphtary convinced the CJI to constitute a bench of the five senior most judges of the court to hear the matter, citing precedent set by Chief Justice A. N. Ray’s mentor, Chief Justice S. R. Das. As a result, a bench comprising the CJI, Justice M. H. Beg, Justice H. R. Khanna, Justice Y. V. Chandrachud and Justice P. N. Bhagwati, the five senior most judges of the Supreme Court, was constituted to hear the Habeas
Corpus case [A. D. M. Jabalpur vs Shivkant Shukla AIR 1976 SC 1207] , as it later came to be known. The Supreme Court bar was pleased with the composition of the bench hearing the matter, as it appeared to them that the likes of Justice Khanna, Justice Chandrachud and Justice Bhagwati, who were all known as progressive judges, would not favour the government in such an important case. Their hopes were raised during the hearing of the case; when at one point the then Attorney General, Niren De, made a shocking submission before the court. Justice Khanna asked the AG: suppose a man lost his life owing to preventive detention, would the writ remedy still be unavailable? Attorney General Niren De submitted that yes, even where there was loss of life, writ remedy would still be unavailable during emergency period. His answer shocked the advocates appearing in the case, and they felt surely now the bench would rule against the government. However, the bar failed to take the judges’ personal ambitions into account. The judges clearly remembered the Keshavananda Bharati case, which was not too long ago. The then Chief Justice S. M. Sikri retired after delivering the judgment in that case, and afterwards, the three senior most judges of the Supreme Court, who would normally succeed Chief Justice Sikri as CJI in order of seniority - Justice Shelat, Justice Grover and Justice Hegde - were superseded in the order of succession and Justice A. N. Ray was appointed as CJI ahead of them, causing the other three to resign. This was done because Justice Shelat, Justice Grover and Justice Hegde had all ruled against the government in Keshavananda Bharati and Justice Ray had ruled in favour of the government. There was no reason to believe the same would not be done after the Habeas Corpus case. Despite this fact, and despite knowing that all the other judges on the bench had already decided in
favour of the government, Justice H. R. Khanna felt he must write a dissenting opinion. His conscience would not allow him to rule in favour of the government, ignoring all constitutional tenets and values. Despite the fact that his dissenting opinion would not have any effect, he felt that he ought to stand up against the oppressive government, and stand in favour of justice and good conscience. And it came to pass that Justice H. R. Khanna was the sole dissenter. Justice Khanna insisted that writ remedies cannot be abolished owing to proclamation of emergency, and citizens must have judicial remedy against arbitrary government action at all times. The four other judges on the bench decided otherwise, and thus, shortly afterwards, when Chief Justice A. N. Ray retired, Justice M. H. Beg was appointed as CJI, superseding Justice H. R. Khanna, who promptly resigned from his post as Supreme Court judge. The New York Times said it best about this case: “If India ever finds its way back to the freedom and democracy that were proud hallmarks of its first 18 years as an independent nation, someone will surely erect a monument to Justice H. R. Khanna of the Supreme Court. It was Mr. Justice Khanna who spoke out fearlessly and eloquently for freedom dissenting from the court’s decision upholding the right of Prime Minister Indira Gandhi’s government to imprison political opponents at will and without court hearings.� As the nation awaits the rulings from the various tribunals, we need to see judges who will speak fearlessly from the bench, employing the law rather than technicalities. We want to see brave judges who will allow the tenets of the law to speak for itself. We want to see judges whose ambition and influences will not be pressured to pervert justice. We want judges who will be bold to stand on the side of the law, the principles and the constitution. Obiorah wrote from Abuja
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T H I S D AY ˾ TUESDAY, SEPTEMBER 10, 2019
EDITORIAL NIGERIANS IN FOREIGN PRISONS Government must embark on enlightenment campaigns on the dangers of trafficking in hard drugs
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eports that about 16,500 Nigerians are currently in prisons outside the shores of the country, most of them on drug-related charges, is worrisome. More depressing is that the Legal Defence and Assistance Project (LEDAP), a human rights organisation, has put the number on death row in prisons across Asian countries at about 300. LEDAP recently used the occasion of the World Day Against the Use of the Death Penalty to draw the attention of the authorities to the rising number of Nigerians awaiting execution in different parts of the world. The revelations which should prompt the authorities to action highlight the increasing desperation of some Nigerians in the narcotic trade. That more Nigerians are pouring across the borders with hard drugs in spite of the sophistication in technology THE GOVERNMENT as well as the stiff SHOULD ALSO EMPLOY punishment ALL DIPLOMATIC MEANS mapped to curb TO ASSIST THOSE WHO the illegal business MAY HAVE BEEN WRONGLY is disturbing. The boom in the ilCONVICTED legal trade perhaps speaks to the fact that the country’s law enforcement agencies still have much work on their hands. Malaysia, Thailand and Indonesia are evidently among the active drug routes, judging by the number of traffickers caught regularly. Incidentally, these are countries where it is public knowledge that trafficking in hard drug carries the mandatory death sentence. In the past decade or so, and up till this moment, some of our nationals abroad have become synonymous with all manner of crimes ranging from internet scams, credit card fraud, forgeries of travel documents to drug trafficking. While
these crimes are committed by a handful, they are enough to damage the reputation of the entire country and other compatriots in such countries. Yet these unfortunate occurrences have become so common that hardly a day passes without a Nigerian being arrested at some local or international airports, for violating one law or another.
I T H I S DAY EDITOR BOLAJI ADEBIYI DEPUTY EDITOR YEMI AJAYI, DAVIDSON IRIEKPEN, MANAGING DIRECTOR ENIOLA BELLO DEPUTY MANAGING DIRECTOR KAYODE KOMOLAFE CHAIRMAN EDITORIAL BOARD OLUSEGUN ADENIYI EDITOR NATION’S CAPITAL IYOBOSA UWUGIAREN MANAGING EDITOR JOSEPH USHIGIALE
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
n Bangladesh, Malaysia, China, Indonesia, Thailand and India, many Nigerians are currently on death row, having been convicted for offences such as drug-trafficking, credit card scam or infractions on immigration laws. Elsewhere, there are others who are also in jail because of outright racism or what some have described as xenophobia, some of them convicted without legal representations. Some Nigerians in Chinese jail reportedly did not know why there were in. These are cases that our authorities should take up so that some of our nationals who may be innocent of the charges against them do not continue to suffer unnecessarily. But that many desperate Nigerians are going into crimes abroad is also something we must deal with. One thing that is clear is that there is a syndicate operating in our airports and other exit points to the extent that the drug dealers evade all security checks at the airports, even with the increased security watch. Government should take it as matter of urgency to acquire up-to-date security gadgets at the airports and all exit points to the outside world for improved security. Perhaps more urgently, it is important for the government to embark on enlightenment campaigns on the need for our nationals to know the dire implications of committing crimes abroad. Besides, the government should also employ all diplomatic means to assist those who may have been wrongly convicted. Since the principle of reciprocity drives diplomacy, we must insist that other countries treat our citizens the same way we treat theirs.
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.
Letters to the Editor
100 DAYS OF PRESIDENT BUHARI
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ow do you measure the virility of an administration; its potency to impregnate the economy, infrastructure and welfare of citizens? Should it be in the first 100 days of its life; in two or four years? Well, I will measure in the little steps, in actions and in
the agenda. 100 days may be too short to gauge the failure of a government, but it is certainly not brief to check for signs of health or of convalescence. In medical science, symptoms are typically expected to improve in three days after the administration of medicine. In 2015, when President Buhari took charge of the country; his ‘’body language’’ was vaunted to be doing much of the governance. In the first few weeks of the administration, there was appreciable stability in power supply. This was largely credited to the president’s body language, even at the time there was no cabinet. Also, the anti-graft agencies rammed up effort in naming ‘’looters’’ and making arrests – in the orthodox Nigerian style of ‘’eye service’’. There were reports of some civil servants returning their loot as well. At the time, there was a prognosis of a healthy economy and claims of resilient security – the dispatch of Boko Haram insurgents and the recovery of captured territories. It all
appeared to be a good start for the administration. A new sheriff was in town and his ‘’body language’’ is doing the magic. Months after the ‘’spell of body language’’, Nigeria slid into a recession; herder-farmer clashes took on a frightening gait; bandits went on the rampage; Nigeria’s minister of power, works and housing was now dubbed, ‘’minister of darkness’’ for chronic power failures with the national grid collapsing as much as 21 times in a year (2016). So, if the administration was to be examined by the positive noises in its first 100 days in 2015, it will have a relatively good score. But the overall score after a full term of four years is at best, abysmal. And now that the myth of body language has been busted, what does the future portend for Nigerians judging by the actions/agenda of the second Buhari administration in 100 days? Personally, my optimism is measured. Really, hinging on the Next Level agenda of the administration, where is the hope? What is different? What will change? I spoke with Femi Adesina, presidential spokesman, who explained to me that the Next Level agenda is about consolidation. And then I asked, ‘’consolidation on what?” Here is a partial rendition of that conversation. Femi Adesina: ‘’The ‘Next Level’ is a level of consolida-
tion. The agenda remains the same. The priorities remain the same. Secure the country, fight corruption, revive the economy, and under reviving the economy, provide jobs for Nigerians, particularly the young generation. Under the ‘Next Level’; it is a level of jobs, it is a level of power generation; it is a level of education. The curriculum is going to be tweaked with emphasis on science and technology. It is a level of healthcare because it is a healthy citizenry that can compete in the country and beyond. So it is a level in which there is going to be empowerment of the different strata of society. There is going to be a people’s money bank to take care of the lower rung of the ladder. There is going to be an entrepreneurs’ bank to take care of people at the middle rung- SMEs and all that. So these things have been said over and over and over.’’ Again, I ask, what is different? What is to come? And is this it? If the agenda is to build on what is not there, where is the hope? Also, governance appears to be in a slumber no motion, no direction. I do not want to be hasty in passing judgment on the administration. But I pray the Buhari administration proves all doubters, naysayers, wailers and measured optimists like me wrong. It is all for the good of the country. Fredrick Nwabufo, fredricknwabufo@yahoo.com
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TUESDAY SEPTEMBER 10, 2019 • T H I S D AY
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T H I S D AY ˾ TUESDAY SEPTEMBER 10, 2019
POLITICS
Group Politics Editor NSEOBONG OKON-EKONG Email nseobong.okonekong@thisdaylive.com (08114495324 SMS ONLY)
TRENDING NEWS
Waiting for Judgment of the Presidential Election Petition Tribunal Alex Enumah writes that all eyes are on the Presidential Election Petition Tribunal as it delivers Judgment this week
Buhari
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ny moment from now the Presidential Election Petition Tribunal would deliver its verdict in the petition filed by candidate of the Peoples Democratic Party (PDP), in the 2019 presidential election, Alhaji Atiku Abubakar, against the return of General Muhammadu Buhari (rtd) as president. This is so because the 180 days provided by law within which an election petition must be heard and judgment delivered will expire on September 15, 2019. As such any decision taken outside Sunday, September 15, becomes null and void, a mere academic exercise and disadvantageous to the petitioners. Therefore, the import of the tribunal’s decision if one may borrow the words of a senior lawyer in the matter, “Is one that would define the jurisprudence of electoral matters and democracy in the country.” Following the declaration of Buhari as winner of the February 23 presidential election by the Independent National Electoral Commission (INEC), Atiku and his party, approached the court to challenge the victory. In their joint petition filed on March 18, 2019, they insisted that they and not Buhari and APC won the presidential election of February 23, 2019. According to them INEC had connived with Buhari, APC and agents of the Federal Government including the military to rig the election in favour of Buhari. They therefore urged the tribunal to nullify the victory of Buhari and declare them winner of the February 23 presidential election. Equally, the petitioners asked the tribunal to nullify Buhari’s participation in the election on grounds that he did not possess the necessary academic qualification for the office of President and that President Buhari submitted false information to the Independent National Electoral Commission (INEC) to aid his qualification for the said election. Though the petitioners had planned to call about 400 witnesses within the 10 days allotted to them to substantiate their claims, they were, however, able to call 62 witnesses and tendered over 50, 000 documents to prove their case of alleged rigging, over voting, non compliance with the electoral guidelines in 10 states of the federation. Among the 62 witnesses they called are a foreign Information Communication and Technology ICT) expert from Kenya, David
Abubakar Nyango, and a local data analyst, Joseph Gbenga who buttressed testimonies of petitioners’ agents at the unit, wards, local government and state levels of the alleged abnormalities during the conduct of the presidential poll, which according to the petitioners’ last witness, Osita Chidoka is the costliest election ever conducted by Nigeria. The foreign ICT expert in his evidence alleged INEC has four websites from which he was able to generate information used in his analysis in his report for the petitioners. He listed www.factsdontlie.com, whoistool as some of the website he said, though does not belong to INEC, but the information therein were uploaded by an INEC official who is anonymous. The witness said that the information contained in the report of his analysis were extracts from three of the four websites. On his part, Joseph Gbenga, the local data analyst said that he analysed forms EC8A, EC8B and EC8C in 11 focal states of the federation on the instruction of the petitioners through which he was able to detect various abnormalities such as wrongful collation of results. Also testifying, Chidoka, who was the National Collation agent for the petitioners and Head of the PDP situation room told the tribunal that he refused to sign the result of the presidential election because of wrong entries through the manual system. He insisted that results were transmitted into INEC server and that INEC chairman, Prof Mahmoud Yakubu confirmed the existence of a central server in a conversation with the national agents. However, in his defense, Buhari called seven witnesses, who testified that the election was not only free and fair but that Buhari was constitutionally qualified to participate in the poll. Among the witnesses called by Buhari were Major General Paul Tafa (rtd), Sule Mai’Adua, Abba Kyari, Henry Adewunmi, a WAEC official, Mohammed Abba amongst others. In their various testimony, they confirmed that Buhari was educated up to secondary school level. Major General Paul Tafa, (rtd) who claimed to have been enlisted in the Nigerian Army with President Buhari on April 16, 1962, listed some of their colleagues to include; Brigadier Ola Oni, Major General Duro Ajayi, Major
General Shehu Yar’ Adua, Brigadier General Abudullahi Saleh all retired amongst others. However, under cross examination, General Tafa, told the tribunal that the Nigerian Army never asked Buhari and others, including himself to surrender their certificates to the army in 1962 for whatever reason. Current Chief of Staff to President Buhari, Alhaji Abba Kyari, who claimed to have known Buhari for nearly 40 years, told the tribunal that Buhari has credit in five subjects including English Language in his West African School Certificate (WASC) examination conducted by Cambridge University. But under cross examination by petitioners’ lawyer, Dr. Levy Uzoukwu SAN, Kyari told the tribunal that he personally received and signed for Buhari’s Cambridge University WASC Certificate on July 18, 2019. The witness further admitted that Buhari in his Curriculum Vitae listed the schools he attended but did not list any of the certificates obtained. He also admitted not being Buhari’s classmate at any time and never a member of the army, adding that he was not in possession of any of Buhari’s certificates. Further cross examined by Atiku’s counsel, Kyari admitted that the Diploma Certificate in Strategic Studies he claimed Buhari possessed in his witness statement was not listed in Buhari’s CV. In his own evidence, Henry Adewunmi, told the tribunal that the Cambridge University International Assessment Education Result said to have been awarded to President Muhammadu Buhari is not the same as a certificate. Led in evidence by Buhari’s lawyer, Chief Wole Olanipekun SAN, the witness told the tribunal that 18 candidates sat for the 1961 WAEC exam and that President Buhari was inclusive and indeed number two on the candidates’ list. The witness further stated that President Buhari sat for eight subjects and had credits in five subjects which comprised; Oral English C5, History A3, Geography C6, Hausa Language C5 and Health Sciences C6. Adewunmi confirmed that Buhari was educated up to Secondary School level and was awarded Aggregate 32 and Grade 2 for his performance. However, under cross examination by Atiku and PDP’s counsel, the witness admitted that
the assessment result issued to Buhari is not equal to a certificate. Besides, the witness said that the assessment report of President Buhari is not a document from WAEC because it is bearing Cambridge University Assessment International Education. He added that the attestation letter issued to Buhari on November 2, 2018 was not a certificate and it can be issued under various conditions. However, in their final address, Atiku and PDP, argued that the respondents instead of defending the claim by the petitioners that Buhari failed to provide proof of any of the three certificates he claimed to possess, dwelled on the issue of whether the President can speak the English language or not. The senior lawyer stressed that since they have led evidence to show that Buhari lied on oath in his form CF001 submitted to INEC for clearance to contest the February 23 presidential election, the tribunal should uphold the petition and grant the reliefs contained therein. The petitioners drew the attention of the court to a portion of his INEC form where he claimed to have three different certificates; comprising Primary School leaving certificate, WAEC certificate and Officers Cadet certificate. The petitioners said it was shocking and surprising that, “No Provisional certificate, no certified true copy of the certificates, no photocopy of certificates and infact no electronic version of any of the certificates was presented by Buhari throughout the hearing of the petition to dispute the claim of the petitioners. “More worrisome is the fact that Buhari’s own witness Major General Paul Tafa, who joined the Nigerian Army with him in 1962 told the tribunal that they were never asked to submit their certificates to the Nigerian Army Board as claimed by Buhari in his form CF001.” The PDP presidential candidate also faulted the claim of INEC that it has no central server, adding that server is a storage facility which include computer, database of registered voters, number of permanent voter card and election results amongst others are stored for references. NOTE: Interested readers should continue in the online edition on www.thisdaylive.com
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T H I S D AY ˾TUESDAY SEPTEMBER 10, 2019
TRENDING NEWS
In 100 Days, Governor Sule of Nasarawa State Still Relies on His Predecessor’s Projects Igbawase Ukumba writes that Governor Abdullahi Sule of Nasarawa State marked his 100 days in office by inspecting projects initiated by the previous governor
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t is conventional to talk about recording some achievements within the first 100 days in office by any new administration, which the administration of Governor Abdullahi Sule of Nasarawa State is not exception. Aware of this phenomenon, Sule during his inaugural speech identified some high impact projects to achieve this objective in the interim before medium and long term arrangements take effect. Accordingly, the governor in his inaugural speech on May 29 at the Public Square in Lafia listed projects to be executed in the 100 days of his administration. Notable among those projects for execution by the governor were completion of the Lafia Cargo Airport in Kwandare, payment of civil servants salary arrears and electrification of rural areas, among many others. Perhaps, it is worthy of mention that while still groping for the principles of governance, Sule was able to set up sizeable committees to prepare a master plan to help him provide the needed dividends of democracy he promised during his inaugural speech. These committees include the state economic management and advisory committee, civil service reform and restructure committee, portable water supply committee, among others. However, few weeks to mark his 100 days in office, the governor flagged off some projects for execution by his administration. Notable among those projects were the construction of rural roads, installation of two kilometres solar streetlights in each of the 13 Local Government Areas of the state, construction of classroom blocks and the provision of free eye services in the three senatorial districts of the state. But some stakeholders in the state were critical of the governor ’s performance that he was unable to meet up with some of his 14-point high impact projects as he promised to deliver in his inaugural speech. These critical stakeholders pointed out that Sule was unable to complete the Lafia Cargo Airport he inherited from his predecessor, Senator Umaru Tanko Al-Makura, having promised during his inaugural address that he was going to complete it within his 100 days in office. Nevertheless, these critics also observed that the governor could not as well meet up with the yearnings and aspirations of the state civil servants having been unable to commence payment of arrears of workers salaries that was suspended during the rein of Ex-governor Al-Makura, which he (Sule) had promised also in his inaugural speech that he was going to start payment of the arrears within 100 days. “There is no sign of any rural electrification in any village contrary to his inaugural address to commence the electrification of at least three villages in the state,” the stakeholders maintained. These stakeholders equally went further by lamenting that the governor, either deliberately or intentionally, failed to constitute his cabinet after 100 days in office; a situation they observed could have been an impediment to realising some of his 14-point high impact projects in the interim which he had publicly pronounced before a mammoth crowd on the day of his inauguration. Be that as it may, marking his 100 days in office, Governor Sule inspected ongoing projects embarked on by his immediate predecessor, Senator Umaru Tanko Al-Makura, the federal government’s 330KV power distribution injection transmission sub-station in Akurba - Lafia and other investors projects within and outside the state capital, with a view
Sule to ascertaining the progress of work. In a report filed by the governor ’s Special Assistant on Media, Ali Abare, Sule, despite the early morning down pour began his 100 days celebration with visit to projects being executed by the state government, federal government and other investors in the state, which according to Abare “when completed will benefit the state.” At the 330 KV power distribution injection transmission sub-station in Akurba; which is the brainchild of the federal government, Abare was quoted as saying that the governor expressed satisfaction with the progress of work, noting that the work was on track and the December 2019 dateline for the completion of the project was realizable. “From what we are seeing, the control tower is about 70-80% completed,” the governor said in optimism. “If completed, the substation will have six lines to power the entire state, two of these going directly into Lafia, which is in dire need of power. One line going back to Akwanga, one to Assakio, one to Doma and the last one to Alakyo,” the governor said when addressing journalists at the site of the 330KV substation. While describing the ongoing work as impressive, Sule, however, insisted that it was more important to ensure that the project is completed within the stipulated time. Ironically, at the Cargo Airport in Kwandere, a project started by his predecessor, Senator Al-makura, which he promised to complete within his 100 days in office, the governor expressed
satisfaction with the progress of work at the Kwandere airport. At the on-going construction of the Shinge-Rice Mill-Kilema road; which was also started by Senator Al-makura, Governor Sule visited the two major erosion sites, where he emphasized that the major issue was the control of the erosion running into Doma Dam. The Governor however expressed concern over the indiscriminate dumping of refuse which tends to block drainages in the area leading to floods which come with devastating effects. Sule, who took time to visit the Kilema Bridge submerged in a flood, sympathized with the people over the incident, particularly that lives were lost following early morning flood occasioned by an early morning down pour. At the Dalhatu Araf Specialist Hospital (DASH), Lafia the governor could hardly suppress his satisfaction at the level of ongoing work at the facility. It will be recalled that the governor had sometime ago visited the DASH to see the new buildings that were constructed and commissioned by the administration of Senator Al-Makura and have people moved in. But during the visit, the governor realized that there were some landscape work, electrical installation, plumbing and water supply to the buildings that were to be done before people could move in. However, Sule continued that he had already given the approval for the commencement of work on those aspects lacking in the hospital. It was against this perspective that governor said when he inspected the
ongoing work in the hospital to mark his 100 days in office that: “I’m very happy with the amount of work we did it with very little money, especially, in the wards. The children’s ward has been upgraded. The children who are sick need to see something beautiful so that they can get well quicker.” Nevertheless, THISDAY sampled the opinion of some residents of the state on their rating of Governor Sule’s 100 days performance in office. Abubakar Salisu who sells cosmetics in Lafia, the state capital, said that the administration of Governor Sule has done what he could do. According to him, “the immediate past Governor Umaru Tanko Al-Makura did not waste time before hitting the ground running immediately after he was sworn in and people started seeing the dividends of democracy. We are still watching his style of governance with keen interest to see what will happen at the end of one year.” For a business woman in Lafia, Hannah Akwashiki, said she has seen a network of new road being constructed across the state in the tenure of Governor Sule but was quick to add that “to whom much is given, much is expected.” “I do not blame him because if I were in his shoes, I would have probably been confused because leadership is an uphill task. However, aside the road constructions, I have not seen anything happening around. May be there are plans which I am not aware of, I can only talk about what I can see. So for me, that is their achievement so far since inauguration.”
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FEATURES
Group Features Editor: Chiemelie Ezeobi Email chiemelie.ezeobi@thisdaylive.com, 08152252325
Obinwanne Okeke: Revered Abroad, Unknown at Home For years, Obinwanne Okeke was a hero abroad, until his recent arrest by the FBI for $12 million fraud. He was Chairman/CEO of Invictus Group, a company dealing in real estate across US and Europe. He was even showcased as the new hope for Africa by Forbes Magazine on its front page. David-Chyddy Eleke who went on an investigation to his hometown in Ukpor, Anambra State, writes that he was more or less unknown at home
U
kpor is an agrarian community in Nnewi South Local Government Area, which is situated in a hilly and rough terrain. The road leading to the community from the industrial town of Nnewi cannot be described to be in the best of state. Its indigenes may have waited endlessly for the state government to give it a facelift, and may have become tired of waiting because as this reporter drove into the village, indigenes of the community, mostly men were seen numbering about 20 in one spot, trying to take care of a failed spot. The flood on the road made it difficult to figure out which part of the road was better to use, to avoid being stuck. The men; who are almost of same age, maybe an age group in the community read this reporter’s mind and spoke up almost in unison; “Go right sir� they chorused. That simple help left an impression of who an average Ukpor man is. Very accommodating, friendly, and willing to render help, even to strangers. This reporter was on a mission to check up on the background of Mr. Obinwanne Okeke who is being held by the FBI in US over allegation of fraud. Having received such warmth from the indigenes, this reporter felt like stopping and speaking to the group on Okeke, but their number and youthfulness scared him. “What if they disapproved of my mission here? What if they mistake me for a security man? What if their brother, Okeke had been a known benefactor here and they were bent on shielding him? What would be my fate?� these thoughts ran through the mind of the reporter in a flash. Obinwanne Vs FBI CEO of Invictus Group, Obinwanne Okeke is said to be standing trial in US on two counts charge. Most analysts have said that he may go in for a 30-year sentence as the two counts for which he is standing trial, wire and computer fraud carry 10 and 20 years maximum sentence each. It was said that in June 2018, Unatrac
Okeke who is also an entrepreneur, besides being into real estate, was also known for his philanthropy, and runs a charity organisation which donates books to children in Africa to aid literacy. He has been celebrated in the United States, where Forbes Magazine, a leading publication in the country featured him on its cover page in 2016 as one of 30 leading black entrepreneurs below the age of 30
Obinwanne Okeke on the cover of Forbes magazine Holding Limited, a company which deals in sales of heavy industrial and farm equipment, had approached the Federal Bureau of Investigations (FBI) over a breach in the email account of its chief financial officer (CFO) where a fraudulent transfer of funds was done. The intruder was said to have sent phishing emails containing a web link, purportedly to the login page of the CFO’s online email account hosted by Microsoft Office 365. Believing the link to be genuine, the CFO was said to have imputed his username and password from where the intruder got full access to the account and sent a fraudulent wire transfer request to the company’s internal
financial team. Acting under the impression that the email emanated from the CFO, the finance staff processed approximately 15 payments between April 11 to 19, 2018, totalling $11 million. After months of a forensic investigation into the phoney transaction and activities of the intruder, the FBI followed the suspect’s online trail which led them to social media accounts with username @invictusobi allegedly owned by Okeke. The federal agents were able to merge the intruder’s identity with the owner of the social media accounts, and on August 2, the FBI reportedly issued an arrest warrant for Okeke, who was said to be in the US at the time, leading to his
eventual arrest. The Arrest For weeks, the news of the arrest of Okeke made headlines in major Nigerian dailies. He was also subject of discussion on the social media. This was sequel to his arrest on August 6, in United States of America by men of the Federal Bureau of Investigation (FBI) over fraud. The arrest of Okeke was closely followed by the release of 80 more names by the bureau. Out of the released figures, 77 were of Nigeria descent, and said to have scammed unsuspecting Americans of millions of dollars. That further broadened the argument on Okeke
T H I S D AY Ëž ÍŻÍŽËœ Ͱ͎ͯ͡
21
FEATURES
The road leading to the house of Obinwanne Okeke's father's house, Hon Ossy Sam Okeke
Obinwanne Okeke father's deserted house in Nzagha village in Ukpor, Nnewi South LGA of Anambra State
who was said to have in one of his suspected fraudulent deals scammed an agricultural and industrial equipment manufacturing company of $12million.
While some parts of the house were dilapidated, some other parts also showed recent facelift. A woman who claimed to be wife of one of the sons of Hon Okeke, Obinwanne’s brother who spoke to THISDAY refused to state her name. She admitted to hearing of him, but didn’t admit ever meeting him. She declined further comment, saying that her husband who is his brother stood in better stead to answer questions. On whether there was any form of scholarship or free distribution of books by his brother in-law as he was associated with philanthropy and charity works, the lady said she knew of none.
Forbes Backing Okeke who is also an entrepreneur, besides being into real estate, was also known for his philanthropy, and runs a charity organisation which donates books to children in Africa to aid literacy. He has been celebrated in the United States, where Forbes Magazine, a leading publication in the country featured him on its cover page in 2016 as one of 30 leading black entrepreneurs below the age of 30. Forbes in the publication had written that young men like Okeke inspire hope in Africa, and following such comments from a highly rated publication, Okeke had delivered papers around the world, inspiring young people to success, and garnering popularity for himself. Unknown at Home But, upon arriving at Ukpor community where he hails from, it was a surprise that as popular as he could be around the world, no one really knew who he was. THISDAY moved round the community making enquiries from people of all ages, but none admitted knowing the world celebrated young entrepreneur. A woman who fries and sells bean cake by the road side in a road leading to his (Okeke’s) father’s house in Ukpor however said that she remembered him as a child, saying that many years back, he once returned home. “He once came back many years back, and he drove a small car(sports car). We know him here as Nnamdi Okeke, but he has not been back for a long time. I am not aware which business he does, and I am not aware if he is training some children in school(scholarship) too. We have not seen him back or heard of him for a very long time,� she said. THISDAY however ran into luck upon visiting the traditional ruler of the community, His Royal Highness, Igwe FCN Onyimadu, the Nwajiaku IV of Ukpor who welcome THISDAY to his palace. Though he said he does not know Okeke, but admitted that he started making enquiries about him after the news of his arrest broke in the community. “I am the Igwe (Monarch) of this community, so I am supposed to know him, but I do not. I doubt if anyone really knows him here, but from my enquiries, he is the son of a former lawmaker, who represented Nnewi South in the Anambra State House of Assembly, Hon Ossy Sam Okeke. His father had four wives, and from my enquiries, this boy was from the last wife who I think is from Imo State. Whoever told you that he has been engaging in philanthropy or been donating books here did not tell you the truth. He may have been doing that all across Africa as we read, but not here in Ukpor. “His father’s house is at Nzagha village, and I can direct you to go there, and you will see that he has not also impacted on his own people, because you will not see any new structure there, not to talk of having
Okeke children under scholarship.� Okeke’s Father’s House THISDAY decided to check up on the relatives of Okeke in Nzagha village, Ukpor, but it turned out not to be a simple task. A little away from the communities market, known as Oye Ukpor, and driving down to a road leading to Nzagha, it became clear that Nzagha wasn’t a
I urge people not to use this young man as a yardstick to judge an average Ukpor youth, because our people are predominantly farmers, and are known for hard work. If anything, I would say he may have picked up that habit in the white man’s land where he lived, because he does not represent what our youths stand for
place one would hope to drive cozily into. If the roads in Ukpor were hilly and bumpy, the road to Nzagha was hillier and bumpier. The light rain of that Monday even aggravated the condition of the road as it was also slippery. A commercial motorcycle operator opted to take this reporter to the place, yet it wasn’t such an easy journey as we trekked most of the time to give the motorcyclist room to navigate some bad spots. Contrary to the obscurity of Okeke in the community, his father, even though now late and was said to have died over 10 years ago was still very well known. A mention of the name Ossy Sam Okeke in Ukpor would make the eye of even a 10-year-old brighten. He was an influential politician in the area who represented the people in the Old Anambra State House of Assembly, and was even said to have also been elected for the same position when the new Anambra State was created in 1991. HRH Igwe Onyimadu told THISDAY that the late Hon Okeke championed most causes in the community. “At some point, he had even nominated a king for the community’s throne, and also taken him about to be crowned. They almost succeeded because they were issued with certificate, but the people did not want his nominee, and the nominee eventually died in very mysterious circumstance�. Though the road to Hon Okeke’s house looked like a farm path, but his house though old depicts some level of opulence for a politician of those days. A massive one storey affair, with a car park big enough to take two cars in the front of the house as was the reigning pattern then. But for a man who was said to have four wives and 16 children, the entire compound was empty and a graveyard silence pervaded it as one walked in.
Failure is an Orphan As a popular saying rightly goes, success is a friend of all, but failure is an orphan. Back home in Nigeria, many people including people in government have condemned the actions of the young entrepreneur, to the extend of saying that he and the 80 others who are on the FBI wanted list do not represent what the youths of Nigeria stand for, in his community, he has also been denied by his own people, with many saying that his actions may have been influenced by his long sojourn abroad. The traditional ruler of his community said, “I urge people not to use this young man as a yardstick to judge an average Ukpor youth, because our people are predominantly farmers, and are known for hard work. If anything, I would say he may have picked up that habit in the white man’s land where he lived, because he does not represent what our youths stand for.� Onyimadu said an average Ukpor youth is known for hard work, referring this reporter to the village to assess the youths of his community, who he said he was proud of. He said Okeke’s father had several other brothers, one of whom he said was also a genuine businessman in America. He dismissed Okeke as an isolated case in the community, saying that save for his arrest, he was not know, let alone being said to have brought home the proceeds of his suspected crime. Another youth from the community who refused to disclose his name said, “You cannot use Okeke to judge us. It is true that he had the opportunity to travel and study in Australia or America as we have heard, but with this case of fraud, he can be said to have mis-used his opportunity. I am a trader in Onitsha, I may not have made so much money, but I am happy with what I am doing because no one can come and say I have defrauded him.� As for the President General of Ukpor community, Mr Emmanuel Nwachukwu he said, “I don’t know why you are calling me now?� he said. “When he won awards and was celebrated in America, you did not call me, so why now?� he asked. He told this reporter in a telephone chat that he was not ready to talk on Okeke. Although they stressed that they wouldn’t have wanted any part of his ill-gotten wealth, for his community, the cliche that ‘charity begins at home’ clearly did not mean anything to Okeke.
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TUESDAY SEPTEMBER 10, 2019 • T H I S D AY
A
WEEKLY PULL-OUT
10.09.2019
SOUTH AFRICA: BITING THE HAND THAT FED HER
President Muhammadu Buhari
South African President, Matamela Cyril Ramaphosa
2/DASHBOARD
10.09.2019
Compliance with the Auctioneers Law on an Auction Sale PAGE 4
Beware of Fraudulent Estate Agents, Developers, LASG Warns PAGE 5
FG Arraigns Two Men for Allegedly Breaking into SON Sealed Warehouse, Stealing Substandard Products PAGE 5
‘Remain Focused in Practice, and Money Will Come’ PAGE 6
In Defence of Country: That Nine Billion Dollar Judgement
QUOTABLES ‘Nigeria has invested a great deal, not only in the pulling down of apartheid. But, again, this is all contrary to the very ideas that the great leaders of South Africa fought for, including the current President.This level of bigotry is just terrible, and it is so completely unacceptable.’ – Professor Yemi Osinbajo, SAN, Professor of Law, Vice President, Federal Republic of Nigeria
PAGE 7
COLUMNIST ‘We reject entirely, the obvious attempt to change the true narrative of events, by casting the recently organisedactsofviolence,asmerelyconflictsbetween gangs fighting for turf. Unless it is the position of the South African Government, that all Nigerians living in South Africa are gangsters and criminals, we demand that they reject these claims, without equivocation.’ – Rt. Honourable Femi Gbajabiamila, Lawyer, Speaker, House of Representatives, Federal Republic of Nigeria ‘The Federal Government has finally woken up, to challenge the xenophobic attacks on Nigerians in South Africa..... I have no confidence in the South African authorities to handle this matter, because, I have listened to some statements credited to the Deputy Police Minister, as well as President Ramaphosa, where they were inciting people against foreigners, including African immigrants.....’ – Femi Falana, SAN, Human Rights Lawyer and Activist
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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Xenophobia Blues
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here is so much going on, concerning our country Nigeria. However, it is patently clear as I think I have pointed out before, that, most of those whom we call our leaders, are nothing more than a bunch of selfish, self-centred politicians (‘politrickcians’), who are mainly insensitive to the plight of Nigerians. Unlike the famous words of John Fitzgerald Kennedy, they are more interested in what Nigeria can do for them, and could not care less, about doing anything for Nigeria/Nigerians. Thank God, the Federal Government has finally woken up from its deep slumber, and is trying to handle the xenophobic crisis against Nigerians, in South Africa. ‘Better late than never’, they say. After the murder of Elizabeth Ndubisi Chukwu in Johannesburg, South Africa in June, I had written on this page, that it seemed as if the lives of Nigerians, home and abroad, were not important or valuable to the Federal Government, also because of the lackadaisical/nonchalant attitude of Government, to the wanton killings of Nigerians, not only in South Africa, but in Benue State and so on, by suspected Herdsmen. It is a given that, Nigeria finds herself in such a sorry state, because of decades of inept governance and corruption (present company included). Chapter 2 of the 1999 Constitution of the Federal Republic of Nigeria (as amended)(the Constitution), which makes Government accountable to Nigerians, is strangely, not justiciable, so, even if the Constitution makes it mandatory for Government to deliver on those Fundamental Objectives and Directive Principles of State Policy contained in Chapter 2 of the Constitution, whether Government actually does so, is optional and inconsequential, since they cannot be held responsible for failure to do so. National Assembly: Senator Olusola Adeyeye If not, how can Senator Adedayo Adeyeye, Chairman, Senate Committee on Media and Public Affairs (in a telephone interview on Channels TV which I listened to), say in all good conscience, that there is nothing wrong in the Senate buying these N5.5 billion cars for newly sworn in Senators as long as it is budgeted for, and that how can ‘someone like him’, be expected to use the four year old car of his predecessor, which may have developed faults or not be serviceable anymore. He had also, shamelessly boasted that, the law suit filed by SERAP and others in this regard, would not see the light of day! ‘Senator Adeyeye, ‘someone like you’ - what exactly does that mean? - a beg, who you be?’ What kind of car did you buy with your money, and drive before you became a Minister and a Senator? – bulletproof Mercedes Benz G Wagon, Toyota Landcruiser or Porsche 928S? ‘Senator Adeyeye - in the lyrics of Teni, in her song, ‘Case’ - ‘But una Papa no be Dangote, or Adeleke....’ - even if you deserve new cars (and I certainly do not concede that you do), they will be purchased with public funds, and not your personal funds; must the choices of cars be so high end/expensive, when Nigerians are suffering? For goodness sake, Nigeria has been declared the poverty capital of the world! Doesn’t that mean anything to our leaders? We have the highest number of out of school children today, poor/non-existent medical facilities - our list of woes is endless. How does it look, what message
President Muhammadu Buhari
are we sending to the world, if we are wasting public funds which can be put to much better use, on state of the art cars for a selected few in Government, while majority of our people die of hunger and disease? In Yoruba, that is what we refer to as, “Apa” (wastrel). If they are not ‘Apas’, how can cars that have been used for only four years, be declared to have become unserviceable?! What is wrong with excluding returning Senators and those who have occupied Government positions and were given cars in 2015, from being included in the proposed 2019 purchases, restricting the purchase of reasonably priced cars to new comers to Government, in order to reduce expenditure? ‘Next week, una go dey pass Bill for Senate, make Nigeria borrow money from IMF and World Bank’. It just doesn’t make sense. Section 57(2) of the Public Procurement Act 2007 (PPA) provides inter alia that the conduct of persons involved in public procurement shall (it makes it mandatory) be governed by principles of honesty, accountability, transparency, fairness and equity. Is it fair for the National Assembly to spend N5.5 billion on luxury vehicles for a few officials, when the money can be put to better use, like equipping our Government hospitals and schools, or giving the poorest of the poor money to start up small businesses/farming? Section 57(4) of the PPA, provides that those who are entrusted with public funds, must use same, judiciously. I submit that, making such unjustifiable vehicle purchases, is injudicious and contrary to Section 14(2)(b) of the Constitution, and for a government which claims to be fighting corruption and curbing excesses, hypocritical, insensitive, futile and immoral. Nigerians are extremely tired of this type of needless expenditure by Government, which is done at the expense of the welfare of the people, and we experienced a sample of this exhaustion and dissatisfaction, with the so-called ‘anti-xenophobic protests’ in Nigeria last week. Mosque Demolition: Ganduje v Wike I found rather tragicomic, Governor Ganduje’s threat to institute legal proceedings against Governor Wike, for allegedly demolishing a Mosque in Port Harcourt. Governor Ganduje and his ilk, are the type that make hypocritical, inflammatory remarks, in their bid to secure national and political relevance. The purport of Section 10 of the Constitution, is that Nigeria is a secular nation, and that no State or the country herself, has a religion. Of course, by virtue of Section 38(1) of that same Constitution, everyone is permitted to practice and propagate the religion of their choice. However, Governor, Ganduje must be well aware that, even if he has his own religion which he practices, as a statesman, he must be a supporter of all religions, and that this adoption of religions, whether Muslim or Christian, by State Governors, is unconstitutional. The question to ask is, how many Churches have been burnt and destroyed in Nigeria? How many Christians have been killed? Were the Muslim extremists who murdered Eunice Olawale, a Deaconess of the Redeemed Christian Church of God, in the Kubwa area of Abuja in July, 2016 brought to book? How many Catholic priests have been murdered in cold blood, since the inception of President Muhammadu Buhari (Baba)’s and Ganduje’s administrations in 2015? Why didn’t Ganduje
President Matamela Cyril Ramaphosa of South Africa
threaten to sue anybody then? I don’t remember hearing anything from him, at those relevant times. Do you? ‘Governor Ganduje, a beg, make we rest!’ There is not much you can do, that will make Nigerians forget that embarrassing videoclip, which the whole of Nigeria watched in shock and amazement - the one in which, you were seen, highly excited, stuffing the pockets of your ‘babanriga’ with bundles of American dollars, like ‘pikin wey dey steal sweet for candy store or meat from pot!’ Or was the video photoshopped? Now, you want us to think that you are an Imam? Next, you will claim that you are launching a youth empowerment programme in Kano – distributing tea, eggs, and indomie noodles to your youths, to start ‘sha i’ business, as if you are doing something to write home about. Methinks that the Kano youths, would be better empowered with those dollars that you stuffed into your pockets! Governor Ganduje, please do not upset Christians any further. Or is Governor Ganduje trying to incite Muslims against Christians, in a polity that is already heated? We are all aware that a lot of new generation Churches and Mosques, are a law onto themselves. There are areas designated to accommodate places of worship, but they are fond of converting all available spaces, including buildings located in residential areas, into places of worship, and using the fact that they are ‘religious establishments’ to blackmail everybody emotionally, and get their way. Religious institutions, are not above the law. It would have been better for Governor Ganduje to contact Governor Wike, and ascertain the facts, before threatening publicly to sue, thereby offending the sensibilities of Christians. Massacre of Nigerians in South Africa I saw a Whatsapp forward that said that, Nigerians in South Africa are being targeted, because a large number of them are involved in criminal activities, like drug peddling, selling of counterfeit goods and so on. Was Mrs Elizabeth Ndubuisi Chukwu (God bless her soul), the Deputy Director-General of the Chartered Insurance Institute of Nigeria, who went to Johannesburg to attend a conference in June, and was murdered in her hotel room, a criminal? No. She was a respected professional. Is Tayo Faniran, formerly of Big Brother Africa, a Model/Singer, who was brutalised by the Police in South Africa, a criminal? I don’t think so. My point? We cannot say for sure, that these attacks have anything to do with criminality; and even if they do, criminality can never be a justifiable excuse for jungle justice, or taking the law into individual hands. I remember as a newly qualified Lawyer in the early 1990s, one of our clients owned a hotel in Yaba. Members of the ANC (African National Congress) came from South Africa, students I think, and lodged in that hotel for some months. They caused a great deal of damage to the hotel, and left without compensating the owner of the establishment for the damages. One of my first assignments as a newly qualified Lawyer, was to get into talks with the ANC Representative (who later became the South African Ambassador to Nigeria, when apartheid was finally dethroned), to secure financial compensation for our client. The ANC didn’t want to pay, but, I don’t remember us retaliating by destroying the ANC office or getting violent with any South Africans. We explored the legal avenues which were open to us, to recover our client’s compensation. Likewise, I am sure that there are enough provisions in the Criminal Law Act of South Africa, to cater for every crime that any Nigerian may commit there, be it murder or drug peddling, instead of venting their frustration on Nigerians, in the form of xenophobic attacks. Others say that, South Africans are angry, because Nigerians have come to their country to take over their jobs (and their women)! We could also use the same argument here, for example, in the telecommunications sector, and say that Glo, which belongs to a Nigerian, Dr Mike Adenuga GCON, is quite capable of serving our telecoms needs, so why should a South African company, MTN, be allowed to operate here? After all, in my own personal experience, I have sampled all the networks, and at the end of the day, I dropped MTN for Glo, because for me, Glo functions better. Using the South African argument in our own context, why
ONIKEPO BRAITHWAITE
THE ADVOCATE onikepo.braithwaite@thisdaylive.com onikepob@yahoo.com Twitter: @TheAdvocateTD
“OTHERS SAY THAT, SOUTH AFRICANS ARE ANGRY, BECAUSE NIGERIANS HAVE COME TO THEIR COUNTRY TO TAKE OVER THEIR JOBS (AND THEIR WOMEN)!..... GLO, WHICH BELONGS TO A NIGERIAN, DR MIKE ADENUGA GCON, IS QUITE CAPABLE OF SERVING OUR TELECOMS NEEDS......USING THE SOUTH AFRICAN ARGUMENT IN OUR OWN CONTEXT, WHY CAN’T GLO TAKE OVER THE SOUTH AFRICAN SHARES IN MTN?.....” can’t Glo take over the South African shares in MTN? that way, we can keep the revenue from the business in Nigeria, for the benefit of Nigerians, instead of those huge profits being repatriated to South Africa, year in year out! Why should South Africa be able to profit so immensely from Nigerians making use of their network here, while in return, our people are killed, maimed and maltreated in their country, not only by their poorly educated citizens, but even by their Police, whose primary function should be to protect? In any event, it seems that the profits that accrue to South Africa from Nigeria, far exceed the coins that Nigerians make in their country The response however, of the Nigerians last week, in Lagos for instance, attacking and burning establishments which are perceived to have South African connection, was not only unnecessary and misguided, but smacks of pure criminality - offences like breach of peace, unlawful entry, criminal destruction of property, stealing and burglary, arson, assault, and so on, were committed, all contrary to the Criminal Law of Lagos State 2015. This must be condemned in its entirety, and the perpetrators, brought to book. Two wrongs they say, do not make a right. A common thread that seems to run through black South Africa and the Nigerians that attcked the South African establishments here last week, is that of illiteracy/ lack of education and understanding of issues, plus feelings of frustration and hopelessness, by a generality of the people. Take for example the ‘Palms’ that houses Shoprite in Oniru - the mall belongs to a Nigerian, - Shoprite is a simply a South African franchise, and a tenant in the mall. Destroying any part of the structure of that mall, amounts to hurting a fellow Nigerian. We must exercise restraint. Hopefully, this matter will be resolved soon. We all know that, ‘where there is life, there is hope’, but I worry about the return of our people home, to a country where the unemployment rate is at the highest level than it ever was, and the economy is somewhat recessed.
4/LAW REPORT
10.09.2019
Effect of Non-Compliance with the Auctioneers Law on an Auction Sale
T Facts
he Appellant, a customer of the 2nd Respondent, was granted credit facilities by the 2nd Respondent. As security for the credit facilities, the Appellant lodged with the 2nd Respondent, his title documents for the property at No. 3 Kachia Road Shopping Centre, Kaduna South, Kaduna State. As a result of the Appellant’s inability liquidate the credit facilities, the 2nd Respondent advertised the sale of the mortgaged property by public auction, in a National Daily Newspaper. After two days of the auction notice, the property was sold to the 1st Respondent, who then sought to perfect his title by applying for Governor’s consent. Sometime in 1994, the Appellant petitioned the Military Administrator of Kaduna State, regarding the auction sale of the property to the 1st Respondent. He also filed an action against the Respondents, seeking inter alia, orders of court nullifying the sale, on the ground that it did not conform with the mandatory conditions prescribed under the Land Use Act, and that, as at when the 1st Respondent purported to obtain consent on the land, the 2nd Respondent no longer had any right to transfer title on the land to the 1st Respondent, because the Appellant had already liquidated the loan sum. The Respondents filed their defence. The trial court, entered judgement in favour of the Appellant. Aggrieved, the 1st Respondent filed an appeal at the Court of Appeal which allowed the appeal, and set aside the judgement of the trial court. Dissatisfied, the Appellant appealed to the Supreme Court. The parties filed their respective briefs of argument, and formulated issues for determination. Issues for Determination 1. Whether the decision of the Court below, to regard the Appellant’s Notice of Preliminary Objection which was argued in his brief of argument as abandoned, for failure to seek leave of the said court to move the preliminary objection before hearing of the appeal, was justified in law. 2. Whether the court below, adequately considered the 1st Respondent’s notice to contend, in its judgement. 3. Whether the court below was right in its decision, that the auction sale of the mortgaged property by the 2nd Respondent as unpaid mortgagee to the 1st Respondent, was valid and proper, and the Appellant had lost his equity of redemption, in the light of the evidence led and the provisions of the extant laws. Arguments On the 1st issue, the Appellant’s counsel submitted that, the Appellant validly incorporated and argued the preliminary objection he raised against the 1st Respondent’s six grounds of appeal in his brief, at the Court of Appeal. He submitted that, the Court of Appeal was wrong when it held that failure by the Appellant to seek its leave to argue the notice of preliminary objection, rendered it abandoned. The 1st Respondents’ counsel submitted that, the failure of the Appellant to seek the leave of the court to orally argue the preliminary objection, was fatal. They argued that the six grounds of appeal at the Court of Appeal, were competent, and since some of the grounds could be sustained even if others are bad, the Appellant ought to have filed a motion on notice and not a preliminary objection. On the 2nd issue, the Appellant’s counsel submitted that, the failure of the Court of Appeal to consider the Appellant’s 1st Respondent’s Notice which contained his representations regarding fraud and misrepresentation by the 2nd Respondent in the sale, prejudiced the Appellant and amounted to a denial of justice. Counsel for the Respondents contended that, the Court of Appeal did not rule on the Respondent’s Notice before considering it on its merit, and what the court decided at the proceedings under reference, was whether the Appellant had made out a case for the grant of extension of time to file the Respondent’s Notice. They submitted that, the Court of Appeal adequately considered the Respondent’s Notice filed by the Appellant, and came to the right decision that the Notice was devoid of merit. On the 3rd issue, counsel for the Appellant submitted that, in the face of several factors, such as failure to comply with the relevant statutory conditions precedents, fraud and collusion in the sale, absence
Hon. Uwani Musa Abba-Aji, JSC
In the Supreme Court of Nigeria Holden at Abuja On Friday, the 3rd day of May, 2019 Before Their Lordships Olabode Rhodes-Vivour Chima Centus Nweze Amina Adamu Augie Ejembi Eko Paul Adamu Galinje Sidi Dauda Bage Uwani Musa Abba Aji Justices, Supreme Court SC.50/2007 Between Alhaji Abubakar Abdulkadir.........Appellant And Alhaji Tukur Mohammed & 3 Ors ...........Respondent (Lead Judgement delivered by Hon. Uwani Musa Abba Aji, JSC)
of Governor’s consent which all vitiated the auction sale of the mortgaged property, the Court of Appeal erred when it held that the equity of redemption of the Appellant’s mortgaged property, was no longer available to him after the auction sale. The Appellant submitted that, the lower court was wrong to have relied on the case of IBIYEYE v FOJULE (2006) 2 SCNJ 1 to hold that a breach of the Auctioneers Law is not fatal to the sale, and advocated that the Supreme Court needs to depart from its decision in the case. The Respondents’ counsel submitted that, there was no proof of the Appellant’s allegation of fraud and collusion in the auction sale, and the Appellant’s equity of redemption was extinguished by the sale which was carried out while the Appellant was still indebted to the 2nd Respondent. He contended that, short notice contrary to the seven days statutory notice provided in the Auctioneers law, is no longer a ground for setting aside an auction sale, but an irregularity, remediable in damages.
“THUS, EXCEPT THE SALE IS TAINTED WITH FRAUD OR COLLUSION, WHICH IS ABSENT HEREIN, IRREGULARITY IN AN AUCTION SALE CONTRARY TO THE PROVISIONS OF THE AUCTIONEERS LAW AND LAND USE ACT, CANNOT VITIATE THE SALE”
Court’s Judgement and Rationale On the 1st issue, the Court held that, where a Respondent raises a preliminary objection in his Respondent’s brief, but fails to seek the leave of the court before the hearing of the substantive appeal, the effect is that the preliminary objection is deemed to have been abandoned, and the court will discountenance it. The Court relied on its decisions in REGISTERED TRUSTEES OF THE AIRLINE OPERATORS OF NIGERIA v NAMA (2014) LPELR-22372 (SC).The Court also held that, where the preliminary objection is against some grounds of appeal and there are other grounds that can sustain the appeal, as in the instant case, a preliminary objection is inappropriate, and the Appellant ought to have filed a motion on notice before the Court of Appeal instead. On the 2nd issue, the Court held that, granting leave to file a process or motion out of time, does not translate to granting the reliefs sought. The Court held that, the Appellant’s argument that the Court of Appeal had ruled on the Respondent’s Notice before it considered it on its merit was misconceived, because the proceedings at the lower court under reference, had nothing to do with the merit of the Respondent’s Notice, but was for a consideration of whether the Appellant as 1st Respondent made out a case for the grant of extension of time to file Respondent’s Notice. The Court held that, a Respondent’s Notice is only available to vary and retain a judgement, and not to reverse the judgement. It also held that, the Court of Appeal adequately considered the Appellant’s Respondent’s notice. However, what the Appellant was clearly seeking to achieve by its Respondent’s Notice and its misrepresentation of facts, was for other reasons and grounds other than what was factual, to be affirmed or varied, which cannot be so in law. On the 3rd issue, relying on its decision in YARO v AREWA CONSTRUCTION LTD & ORS (2007) LPELR-3516 (SC), the court held that, a mortgagor coming into equity to redeem, must do equity and pay the principal interest and cost, before he can recover the property which at law is not his. The court held that, as at when the mortgaged property was auctioned, the 2nd Respondent’s power of sale had arisen, the Appellant remained indebted to the bank, and the requisite notice of sale was posted. Therefore, the Appellant lost his equity of redemption immediately it was sold to the 1st Respondent, particularly when he had been unable to prove bad faith, fraud or collusion, in the sale. The Court held that, even if Governor’s consent was not obtained, it does not vitiate the auction sale, because there was ample evidence that the mortgage deed was executed between the parties. Placing reliance on OKONKWO v CCB NIG. PLC (2003) 8 NWLR Part 822 at 347 and A.C.B. LTD v IHEKWOBA & ORS (2003) 16 NWLR Part 846 at 249, the court held that, although the sale was effected before the expiration of the seven days statutory notice prescribed in the Auctioneer’s Law, the right and privilege under this law is not to the mortgagor, but to the public and any intending purchaser, to have adequate time and opportunity to bid for the mortgaged property. Thus, except the sale is tainted with fraud or collusion, which is absent herein, irregularity in an auction sale contrary to the provisions of the Auctioneers Law and Land Use Act, cannot vitiate the sale. On the call to depart from its decision in IBIYEYE v FOJULE (Supra), the court relied on SHEMA & ORS v FRN (2018) LPELR-43723 (SC) and held that, the Supreme Court may only depart from its previous decisions, where it is demonstrated that the earlier decisions are erroneous in law, reached per incuriam, or occasioning a miscarriage of justice. It further held that, where the interpretation of a statute will result in defeating its object, the court will not lend its weight to such an interpretation. Appeal Dismissed. Representation P. B. Daudu and others for the Appellant. Yunus Ustaz Usman, SAN and others for the 1st Respondent. O. I. Habeeb Esq. and others for the 2nd Respondent. Abdullahi Yahya Esq. for the 3rd Respondent.
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Beware of Fraudulent Estate Agents, Developers, LASG Warns Akinwale Akintunde
2019 NBA CONFERENCE Attorney-General and Commissioner for Justice, Ekiti State, Olawale Fapohunda (4th from the left), Wife of the Ekiti State Governor, Erelu Bisi Fayemi (middle), Chairman, 2019 NBA Conference Planning Committee, Gbenga Oyebode MFR, and other Lawyers at the 2019 NBA Annual General Conference
Public Speaking Professional, Ubong Essien, tasks Lawyers on Effective Public Speaking Akinwale Akintunde West Africa's only Certified Public Speaking Professional, Ubong Essien, has urged legal practitioners to learn the art of effective speaking in public places, if they wish to gain recognition and attention in courtrooms and boardrooms. Essien who is a Certified Speaking Professional from the National Speakers Association USA and Dean of the School of Eloquence, gave the advice while addressing legal practitioners at the just concluded Nigerian Bar Association (NBA) conference in Lagos. He said it is imperative for Lawyers to have confidence and speak with power in public places, including courtrooms and boardrooms. According to him, the most important skill required for
success by a Lawyer, is oral communication. Other skills needed for success in the legal profession include, teamwork, organisation, time management, knowledge of substantive law, technology, legal research, analytical and logical reasoning, client service and written communication, he said. Essien explained that, although it is possible to outsource or delegate every other skill, effective oral communication cannot be outsourced or delegated. He added that, Lawyers who wish for progress in their career, must be able to speak publicly and for themselves. He noted that, Lawyers must also recognise their role as mouthpiece for their clients, and as such, nurture
effective and strong public speaking skills to advocating the causes of their clients. He further explained that, a speech is always designed to be delivered and not to be read, emphasising that, even if someone writes a speech for his superior, the superior should make efforts to read and digest the speech in order to be able to deliver it effectively. The CSP explained that, public speaking is the raw art of speaker to audience oral communication, without any accompaniment. Adding that most leaders in business and corporate worlds like to read their speeches instead of delivering them, thus, making it boring for their audiences. “You don't read a speech, but you deliver it to make it look convincing, and you
must learn how to speak and make remarks”, Essien explained. He stressed that, effective public speaking is “an obligatory skill, a superior skill, universal skill, an eternal skill and there is need to abolish all misconceptions, agitation, but devote time, attention, to master the art of public speaking.” The School of Eloquence is the premier public speaking and presentation skills training school, for business executives, policy makers and professionals. It provides leaders with necessary and effective training tools and programmes, to become powerful and effective public speakers. It was established in 2006, and has trained over 2,000 people.
Group Condemns Xenophobic Attacks in South Africa, Reprisals in Nigeria Peter Taiwo A Lagos-based group, Centre for Protection of Nigerians in DIaspora (CPND) has condemned the current spate of violence meted out to Nigerians in South Africa, and the current disruption of business activities around some South African partly owned businesses in Nigeria. The group, in a statement signed by its Director General, Mr. Alexander Orji, reminded both Nigerians and South Africans that violence has never settled any dispute; instead, it ignites the fire.
CPND stated that the Xenophobic attacks and onslaught of Nigerians in South Africa was very inhuman, and the current attitude of responses from the Nigerian Government is not yielding immediate positive results. “Picketing of South African Business (es) in Nigeria tantamounts to theft in the name of trying to destroy properties, or retaliatory to irreplaceable human and valuable Nigerians’ means of livelihood lost in South Africa thus far. “Now, this uproar, is not
the ideal way to confront such situations. While trying to protest, miscreants and thugs will often hijack and use the opportunity to cart away valuables; most times, lives are lost in the process. “Why most people believe in protest, whether peaceful or not, we are of the opinion that the best resolve is a peaceful or round table dialogue. We all need each other, which is why a Nigerian, as a global citizen, leaves his/ her country to another this is because we need something from them,
and they, same likewise. “We therefore, call on the Minister of Foreign affairs to immediately address Nigerians, calling for restraint and making its efforts of engagement with the South African counterpart open, and constitution of various panel of enquiries into several deaths, missing persons and businesses affected, thus far. “There is a lot of risk in picketing, as it does not favour either country. In a series of articles out CONTINUED ON PAGE 6
Following the increasing incidents of fraudulent offences of obtaining money by deception, committed by fraudsters disguising as property developers and estate agents, Lagos State Government has warned Lagosians to beware. The State Government, through the Office of the Attorney-General and Commissioner for Justice, expressed this concerned in a statement signed by Mr. Moyo Onigbanjo, SAN, the Attorney-General of the State. According to Onigbanjo, a complaint has recently reached the Office, of an Estate Agent alleged to have fraudulently received the sum of N65 million from 262 prospective tenants at the Alapere, Ketu area of the State. "The Office of the Attorney- General/Commissioner for Justice, is very concerned about the increasing incidents of fraudulent offences of obtaining money by deception, committed by fraudsters disguising as property developers and estate agents. "A complaint has recently reached the Office, of an Estate Agent alleged to
have fraudulently received the sum of N65 million from 262 prospective tenants at the Alapere, Ketu area of the State. The Office of the Lagos State Attorney-General took over the prosecution of the case against the said Estate Agent on the 3rd of September, 2019, and he shall be prosecuted to the full extent of the law. "Members of the public are hereby, alerted to be meticulous, by making necessary enquiries and carrying out due diligence, before concluding any property transaction with an agent. "In view of the prevalence of these dubious schemes, as evidenced by the growing number of cases being handled by the State, regarding victims defrauded of millions of naira by estate agents, in the guise of letting out non-existing houses in Lagos State, the public is hereby, assured that the State Government is committed to protect the rights of citizens who fall victim of such fraudulent acts, while the perpetrators will be prosecuted. "In addition, the Ministry of Justice will continue to collaborate with the various police formations in the State, to ensure such ongoing cases are investigated swiftly, and report of the investigation forwarded for immediate prosecution", Onigbanjo stated.
FG Arraigns Two Men for Allegedly Breaking into SON Sealed Warehouse, Stealing Substandard Products Akinwale Akintunde The Federal Government has arraigned two men who allegedly broke into a sealed warehouse, and stole substandard electric cables confiscated by the Standards Organisation of Nigeria (SON). The two men, Chukwuma Nwodo, 31, of No. 8 Tobi Close, Mosafejo, Ojo-Alaba, Lagos, who is a business man claiming to be owner of the goods in the warehouse and Abor Ikechukwu, 21, of 1, Collins Street, Alaba International Market, Lagos, said to be a welder, were arraigned last Thursday before Justice Nicholas Oweibo of the Federal High Court sitting in Lagos. Justice Oweibo, who is the vacation Judge, however, remanded the welders in prison custody, following their arraignment on a two-count charge of conspiracy, unlawful destruction of SON seal, and stealing. The prosecuting counsel from the office of the AttorneyGeneral of the Federation, Babatunde Alajogun, told the court that Defendants committed the offences on or about August 21, 2019, at a warehouse behind Bengass Motor Park, Ojo-Alaba. “They conspired to destroy the seal of the Standards Organisation of Nigeria which was used to seal up the warehouse which contained substandard cables using
welding equipment”, he said. Alajogun, who is a Chief State Counsel, told the court that both men carried out the destruction using welding equipment, and gained entrance into the warehouse “to cart away the substandard electric cables”. According to the Prosecutor, the offences committed by the men, contravened Sections 3(a) and 3(6) of the Miscellaneous Offences Act, 2004, and punishable under Section 3(a) of the same Act. Nwodo and Ikechukwu, pleaded not guilty. Alajogun prayed the court to remand both Defendants, pending trial. “We humbly make an application that the Defendants be remanded in prison custody, and for the court to fix a date for trial. “We have two witnesses, and we can finish this case in a few weeks”, Alajogun said. Defence counsel, S. I. Onyema, did not oppose him. Onyema, who informed the Judge that he had only just seen the case file, added: “We shall be asking for a date ,so that we can bring the necessary applications.” In a Bench ruling, Justice Oweibo upheld Alajogun’s prayer. “We’ll take a date for hearing, any time you (Onyema) bring your application, we’ll hear it. The case is adjourned till October 24 for trial. The Defendants are hereby, remanded in prison custody”, the Judge added.
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P & ID Case: Olisa Agbakoba Legal Advocates for a National Arbitration Policy Akinwale Akintunde A Lagos-based law firm, Olisa Agbakoba Legal (OAL, has advocated for the Federal Government to create a National Arbitration Policy. The Law firm through its Head of Maritime Unit, Dr. Oluwole Akinyeye, made the call following the recent Enforcement Order relating to the sum of US$9, 000, 000, 000 (Nine Billion US Dollars) made against Nigeria by an English Court, which was based upon an arbitration award secured by a company, Process and Industrial Developments Limited (P&ID). In a statement titled, ‘Advocacy for a National Arbitration Policy’, Akinyeye explained that with the P&ID case, it is crucial that Nigeria must become proactive in developing a new national arbitration policy, which will have its roots embedded in Nigeria’s commercial relationships and dealings with foreign entities. According to him, the development in the P&ID case presents grave and far-reaching implications for Nigeria, as it means that the country’s assets could be attached, in order to satisfy the award.
Akinyeye said, though the Nigerian Government says the P&ID’s oil and gas contract with Nigeria, which represented the genesis of the arbitration, was a scam perpetrated by the company, adding that irrespective of whether or not the P&ID case was built on a scam, a crucial issue flowing from the case is that Nigeria’s policy relating to the resolution of disputes arising from Nigeria’s Bilateral Investment Treaties (BITs), requires major review. “Irrespective of whether or not the P&ID case was built on a scam, a crucial issue flowing from the case is that, our present policy relating to the resolution of disputes arising from Nigeria’s Bilateral Investment Treaties (BITs) requires major review. “Afterall, P&ID’s recourse to arbitration largely stemmed from its right as a foreign investor to resort to arbitration under Nigeria’s BIT. In fact, the current position is that, all of Nigeria’s BITs provide that disputes between Nigeria and foreign investors, will be resolved by recourse to arbitration to be conducted in international institutions of arbitration outside Nigeria. “It is acknowledged that, arbitration is a contemporary method of dispute
resolution that has been embraced in commercial relationships all over the world, and Nigeria’s BITs are not an exception; however, the contention is that, the recourse to international institutions of arbitration in Nigeria’s BITs is totally unnecessary, considering that there are institutional arbitration mechanisms in Nigeria, that are capable of undertaking the arbitration performed by their foreign counterparts. Suffice to say that, Nigeria ought to be the seat of arbitration in respect of disputes arising from its BITs. “Interestingly, the resort to foreign arbitration in Nigeria’s BITs is not peculiar, and appears to reflect a continental trend. In this respect, the consideration of most African BITs will reveal provisions for dispute settlement, by recourse to arbitration to be conducted by non-African institutions of arbitration, such as the International Centre for the Settlement of Disputes (ICSID). This has meant that, many arbitration cases involving Nigerian or African parties are settled outside Africa”, he said. The Head of OAL Maritime Unit stressed that, the proposed national arbitration policy should not just be
GROUP CONDEMNS XENOPHOBIC ATTACKS IN SOUTH AFRICA, REPRISALS IN NIGERIA CONTINUED FROM PAGE 5 there, Nigerians have threatened that if one Nigerian is killed in South Africa, they will retaliate by killing three, and if one business is destroyed over there, six will be destroyed here. “The South African Companies that were picketed - Shoprite, MTN, DSTV and STANBIC etc., is no show of patrotism in the least. It is an act of cowardice. “There are people who are responsible
for all this. The Consuls are supposed to look out for her citizens, not cause more harm and damage that has already been done, with misleading information credited to South Africa High Commission in Nigeria. “If we result to picketing and killings, when exactly do we have time to sit and talk. Sometimes, chanting war songs does not make one victorious. “We therefore, call on all well meaning
Nigerians, to go about their normal businesses, and do not resort to taking the law into their hands. We shall be following up on the efforts of the Government, towards resolving this current situation. We also call on our various security agencies, to beef up security around over 100 hundred businesses owned by South Africa in Nigeria, while this matter is put to rest”, the statement added.
directed to government contracts or dealings, but it should be extended to private commercial relationships. This, according to him, is in the light of the fact that Nigeria generates a significant volume of private commercial transactions, adding that a significant number of disputes arising from these transactions are ultimately arbitrated in foreign jurisdictions. “Undoubtedly, the flight of domestic arbitration cases to arbitral venues outside Nigeria is unhelpful to our economic development as a country, and also to arbitration practitioners. This misnomer accounts for the loss of revenue on both levels, and requires a national arbitration policy to reverse the trend. “Importantly, Nigerian arbitration bodies should encourage and implement capacity building programmes, that will assist with the development and advancement of the proposed national arbitration policy. This could be achieved by the provision of educational outreach, extensive training and programmes, conferences and workshops. With increased attention and improvement on the legal framework underpinning arbitration in Nigeria, as well as better resourcing and training, Nigeria can secure for itself, a place on the global arbitration sphere, through its national arbitration policy”, Akinyeye stated. While calling the Federal Government to act with a sense of urgency, to remedy the position whereby Nigeria is shortchanged under its BITs, he said the the proposed national arbitration policy should be seen as presenting an opportunity for Nigeria to review the arbitration provisions in its BITs, which would position Nigeria as the seat of arbitration in respect of disputes emanating from Nigeria’s BITs and private commercial transactions.
Legal Personality of the Week Sabastine Ubua Anyia
‘Remain Focused in Practice, and Money Will Come’ Please, give a brief introduction of yourself My name is Sabastine Ubua Anyia. I am a legal practitioner. I am from Boki Local Government Area of Cross River State. I am a graduate of, University of Maiduguri. I was called to Bar, in 2003. I did my NYSC in Anambra State, and thereafter, stayed back there to practice law. While in Anambra State, I have served the NBA Aguata Branch in various offices like, the Public Relations Officer, Financial Secretary, Chairman Young Lawyers Forum; and in 2010, I was elected as the Branch Secretary. In 2014, I was elected as the Branch Chairman; thus, I became the first non-indigene of the Branch and nonIgbo speaking person, to become the Chairman, NBA Aguata Branch. As the Chairman, I built a storey building-Bar Centre for Aguata Branch, named after the former Vice President of Nigeria, Dr. Alex Ekwueme. I also launched the Branch maiden Law Journal. I also set up a Task Force, that fished out and eradicated fake Lawyers. My tenure also arrested imposters, who use NBA stickers on their vehicles. I sanitised NBA Aguata Branch, so much so that I was nicknamed, “Ogbatuluenyi”. I’m glad that at the end of my tenure, the entire Branch saw new leadership and expressed their joy, by giving me various awards of Excellence, Exemplary leadership and awards of Appreciation.
what were the main challenges? Yes, I have had challenges in my career as a Lawyer. The legal profession is full of challenges. The most challenging, is when you have a straight forward case and you are sure of victory, having taken all the necessary steps, by presenting uncontroverted and unchallenged evidence and a beautiful address to match the strength of your case, and from nowhere, a judgement is given against you, without any corresponding evidence to back it up.
Sabastine Ubua Anyia
In 2015, I was elected Chairman of all Chairmen, and Secretary of NBA Anambra State. I have been a National Executive Committee member (NEC) since 2010. I love defending the less privileged and the oppressed, and as such, I have done so many pro bono cases. I fight oppression with all my might. Indeed, over 35% of my cases are pro bono cases. Have you had any challenges in your career as a Lawyer, and if so,
What was your worst day as a Lawyer? The worst day I had as a Lawyer, was a day I was driving to court very early in the morning, and my tyres got punctured on the way. There was no safe place to park the vehicle, and as such, I laboured hard to fix the tyres. Having taken a few hours to fix the tyres, I then hurriedly drove to the court, but on getting there, my case had been struck out, in spite of the fact that the Registrar was informed of my predicament on the road. It was so painful. What is your most memorable experience as a Lawyer? This has to be the day I won a pro bono case, for a poor boy whose land and properties were seized by a very rich lady based overseas. She was highly
connected. The Police and all known authorities and institutions, including the Traditional Rulers, were her friends. Nobody believed the young man’s story except me, and I followed the matter to a logical conclusion, and to God be the glory, he won. Who has been most influential in your life? So many people have been influential, in my life. If I have to name them here, this space will not be enough for me. Even you, have been influential in my life. Why did you become a Lawyer? I became a Lawyer, in order to be able defend the oppressed and less privileged. What would be your advice to anyone wanting a career in law? My advice to anyone who wants to become a Lawyer, is to uphold the ethics of the profession, and do the right thing. Money will definitely come. If you had not become a Lawyer, what other career would you have chosen? I would have become a Poet. I love poetry with a passion. Where do you see yourself in ten years? In ten years, I see myself as a Senior Advocate of Nigeria.
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In Defence of Country: That Nine Billion Dollar Judgement Rt. Hon Femi Gbajabiamila, Speaker of the House of Representatives, in this piece, makes interesting and cogent submissions, in respect of the $9 billion Arbitral Award obtained by Irish Company, Process & Industrial Developments Ltd, against the Federal Government of Nigeria, pointing out reasons why the award is impeachable; first and foremost, being that the Seat of Arbitration is Nigerian law, and the court that possesses jurisdiction over the matter, is the Federal High Court of Nigeria, and not the High Court of England and Wales, amongst other reasons
N Introduction
igerians at home and abroad, recently received with shock, the news that a foreign court had granted an enforcement order for the staggering sum of $9 billion, as compensatory damages against the Federal Government of Nigeria. This enforcement order was granted, to enforce the Final Award granted by an Arbitration Panel in the matter of Process and Industrial Developments Ltd v Federal Government of Nigeria (FGN), as a consequence of the panel’s determination that, the Government of Nigeria failed to live up to its contractual obligations to the Claimant company. In addition to the questions of fact and law that are still under consideration by different courts in multiple jurisdictions, this case raises certain fundamental public policy issues which must be addressed, lest the best interests of our nation, are wittingly or unwittingly mortgaged. We must also be mindful of the fact that, the quantum of the award represents about 25% of our annual national budget, and as such, the enforcement of this order will inevitably have very real consequences on our national development ambitions. My position on this subject, should not be taken as an endorsement of Nigeria’s sometimes unpardonable ways of not respecting the sanctity of contracts, but, as a necessary consideration of this case as a standalone matter, distinguished both by the nature of the contract, the subtext of its wider implication to our sovereignty, and the possible unintended consequences, if this judgement is enforced as is. Issues: Let us consider first, the question of whether or not the Commercial Court of the High Court of Justice of England and Wales has jurisdiction over the enforcement of the arbitral award, and the authority to intervene, as it has done, and following from that, whether there is a difference between the Seat of Arbitration and the Venue of Arbitration. Seat of Arbitration The Agreement between the Federal Government of Nigeria and the Claimant company, clearly states that, the agreement shall be construed in accordance with the Laws of the Federal Republic of Nigeria. This unambiguously implies that, any interpretation of the contract, issues or dispute arising out of the contract, shall be resolved in accordance with the Laws of Nigeria. In other words, as far as any issue arises from the entire contract, whether as to the manner or style of performance of the contract, non-performance, recourse to arbitration and enforcement of any award, the laws of the FRN will apply. Parties went further to agree that, the Nigeria Arbitration and Conciliation Act CAP A18 Laws of the Federation of Nigeria 2004 and its Ancillary Rule, shall be applied in the resolution of any dispute.
“SECTION 57 OF THE ACT DEFINES COURT FOUND IN THE ACT, TO MEAN THE “HIGH COURT OF A STATE, THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA OR THE FEDERAL HIGH COURT”. THE CHOICE OF LONDON AS VENUE OF THE ARBITRATION, IS, THEREFORE, A MATTER OF CONVENIENCE, AND CANNOT BE CONSTRUED TO MEAN THE SEAT OF ARBITRATION.....”
Speaker, House of Representatives, Rt. Hon. Femi Gbajabiamila
The Claimant accused the Government of repudiating the contract, and rightly referred the dispute to arbitration, as provided in the agreement. The issue of applicable law initially appeared to be straight forward, as it was provided for in the GSPA, particularly in Clause 20, but an award by the arbitral tribunal, inadvertently made it an issue. This was exacerbated by the judgement under review. Justice Butcher in paragraph 45, fully acknowledged that the governing law of the GSPA is the Nigerian Law, but made a summersault when it came to the issue of determining the seat of arbitration. It is my opinion that, the Learned Justice Butcher erred in law, when he held in paragraph 49 that “place of the arbitral proceedings” meant the same as the “juridical seat”. The learned Justice, in reaching this determination, failed to explain how the parties having agreed for themselves to be bound by the laws of Nigeria, will now leave it to the English courts to administer the laws of Nigeria, drawing on the English Arbitration Act of 1996. It is necessary at this point, to reinforce that, there is, as a matter of statute and precedence, a world of difference between the venue/place of arbitration and seat of arbitration (Lex Arbitiri). While the “place” or venue can be a choice of convenience to the parties, the “seat” is a legal construct which determines the court that has supervisory powers over the conduct of the arbitration. In the extant case, apart from stating that the contract between the parties shall be governed by Nigerian law, the contract equally provided that any arbitration shall be governed by the Arbitration and Conciliation Act, which invariably means that the seat of Arbitration shall be Nigeria. This is because, the Nigerian Arbitration and Conciliation Act envisages the supervision of any arbitration under the Act by Nigerian Courts, and not English Courts. For the avoidance of doubt, Section 57 of the Act defines court found in the Act, to mean the “High Court of a State, the High Court of the Federal Capital Territory, Abuja or the Federal High Court”. The choice of London as venue of the arbitration, is, therefore, a matter of convenience, and cannot be construed to mean the seat of arbitration, as determined by the Arbitral Tribunal and the judgement of Justice Butcher. In the extant case, the contract provides that, the venue will be London, but the law governing the conduct of the arbitration (seat of arbitration), is the law of Nigeria. This, to my mind, is a concerted effort by the parties, to clearly determine their terms to the letter. To hold anything to
the contrary, will amount to a butchering of the GSPA. Following therefrom, it is my opinion that, the High Court of England, has neither the supervisory, nor enforcement jurisdiction over the arbitral proceedings, as the letter of the GSPA, is very clear on that issue. The court with the jurisdiction, is the Federal High Court of Nigeria. This position is supported by the rulings of the English courts in Tonicstar v American Home Assurance Company (2004) EWHC 1234, wherein the Court held that, where a contract was made in London, signed in London, to be executed in London, made in accordance with the laws of England, it is to be inferred that, the parties intended these provisions to be determined by the English court, but, even when there is no implied choice of law, there is a presumption under the Rome Convention that, the applicable law is that of the place of business of the party whose performance is characteristic of the contract. Attachment of Property of a Sovereign Nation As to the question of whether under the international law, the High Court England and Wales has jurisdiction to attach the property of another sovereign nation, I believe that, where a sovereign state submits to arbitration, the award emanating from the arbitration proceedings, cannot be denied on the ground of immunity. However, a waiver of immunity on adjudication, is different from the immunity from attachment or execution. The proceeding and the right, do not imply the other. Assuming, without conceding that the FRN impliedly waived its immunity from adjudication, it did not waive its immunity from attachment or execution. Section 13(2)(b) of the State Immunity Act of England 1978 provides that, a sovereign State’s property can only be attached with the State’s consent, or where the property is shown to be expressly used for commercial purpose. To this extent, should the judgement eventually stand, the issue of attachment of State property will still have to be addressed, and at which point, a distinction would be drawn between State assets for State purposes, which are beyond the reach of any enforcement judgement, and State assets for commercial purposes, which may be attached as per the order of a competent court. Much has been made of the fact that, Nigeria is a signatory to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention, 1958), as if by virtue of the Convention, the rules of national sovereignty are suspended. That is not the case. The Convention requires the courts in the contracting States, to give effect to private agreements to arbitrate, and to recognise and enforce arbitration awards made in other contracting States. The Government of the Federal Republic of Nigeria (FRN) ratified the New York Convention on the 17th of March, 1970, and it formally came into force in the territory of Nigeria on the 15th June, 1970. The Convention was further domesticated into Nigerian law via incorporation into the Second schedule of the Arbitration and Conciliation Act (ACA) 1988. In this particular case, the Convention applies to the extent that the Federal Government of Nigeria (FGN) is committed to respecting and abiding by the determination of the Arbitration Panel, having exhausted all available legal means to defend its legitimately held position and to protect the assets it holds in trust for the Nigerian people. It does not amount to a surrender of national sovereignty, or an abdication of the right to contest the Final Award, or the modus of its enforcement. Good Faith Every contractual dealing contains within it, an implied covenant of good faith and fair dealing, with the general presumption that the parties to the contract will act honestly and fairly to each other. As at the time of filing their claim against the Government of Nigeria, there was no evidence the Claimant had fulfilled CONTINUED ON PAGE 13
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South Africa: Biting the Hand that Fed Her For the umpteenth time, Nigerians and other African nationals, have come under xenophobic attacks in major cities across South Africa. But, for the first time, these repeated attacks in South Africa, resulted in reprisal attacks on South African owned businesses, like MTN and Shoprite, in some Nigerian cities. Both countries have recalled their envoys, and the diplomatic row may not end soon. Femi Fani-Kayode, Gozie Francis Moneke, Emmanuel Onwubiko, and Dr. Kayode Ajulo, lead a discourse on this vexed issue, pointing out how the Black South Africans have senselessly turned against those like Nigeria, who, with their own resources, fought tirelessly for their freedom from apartheid, and how to, hopefully, bring their disgraceful behaviour to an end, before the situation gets completely out of hand
Warning for Foreign Minister and People of South Africa Femi Fani-Kayode "I would appreciate them in helping us as well, to address the belief our people have and the reality that there are many persons from Nigeria dealing in drugs in our country"- Dr. Grace Naledi Mandisa Pandor, South African Minister of International Relations
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Pertinent Questions s this the sort of thing that ought to be said by the South African Government when we are still in mourning, and when we have not even buried our compatriots that were cruelly slain, bludgeoned to death, and cut to pieces in the streets of South Africa? At a time when this irresponsible, insensitive, conflicted, self-hating, and mendacious person that calls herself the Foreign Minister of South Africa should be apologising to the Nigerian people, for the mindless savagery and barbarity of her bloodthirsty compatriots, she is pointing accusing fingers at their victims and the objects of their collective hate, and seeking to demonise them. What have we done to deserve this? First, you kill us, then you seek to justify it and criminalise us! Does this Foreign Minister really believe that, innocent Nigerian men, women and children, should be butchered at will in the streets of South Africa by bloodthirsty and bestial mobs? Worse still, does she think it is right and proper, that this is done with the full endorsement and support of both the South African Government and Police? Is that the way forward? Is that the way to build bridges in Africa, and enhance peace and stability on the continent? Can such behaviour be justified or defended under any circumstances? What would she do or think, if the Nigerian Government and people decided to reciprocate and mete the same treatment out to South Africans that reside in Nigeria, and South African companies that are situated here? In any case, how many of those who were butchered over the years, were drug dealers? If it is true that, as many Nigerians deal in drugs as she has suggested, why can't the South African Government apprehend, arrest and prosecute them and send them to jail, rather than demonise,
Time for Decisive Countermeasures Against Delinquent South Africa Gozie Francis Moneke
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misrepresent, target and kill innocent and defenceless Nigerians? This is a clear case of racial stereotyping, and a squalid and shameful attempt to justify hate, racism, xenophobia, self-hate, black on black violence, and mass murder. Permit me to educate the South African Foreign Minister, and to set the record straight. Setting the Record Straight: There are thousands of Nigerian professionals, academics, lecturers, intellectuals, businessmen, teachers, scientists, engineers and doctors in your country, working hard, doing a great job, and contributing massively to your development and economy. The fact that your people hate Nigerians and enjoy killing us, has nothing to do with drugs, human-trafficking or drugtrafficking. It is because your people are hateful, ignorant, xenophobic, lazy, racist and envious of ours. And the few irresponsible Nigerians that go to South Africa and indulge in terrible and unforgivable crimes, like drug and human- trafficking, and gang-related violence, do so only because, a considerable number of your people have a penchant for hard drugs, alcohol, men and women of easy virtue, and the dark, ugly and wild side of life. It is therefore, not surprising that South Africa has, for the better part of the last 25 years, been described as the "world's capital for homicide" and the country with the "highest number of people that have been afflicted with HIV AIDS!" Nigerian Men v South African Men Rather than work hard, like their Nigerians counterparts, South Africans prefer to go to sleazy and cheap nightclubs, to gamble on gaming machines and poker tables, to drink huge amounts of beer, to take massive amounts of hard drugs, and to stay at home, watch television and sleep. It is for this singular reason, that their women love and respect Nigerian men and have nothing but contempt for their own. Generally-speaking, Nigerian men are strong, productive, virile, focused, courageous, industrious, adventurous and hard-working, with a touch of arrogance, and mostly, they excel in all their ways. Sadly, the average South African male, does not possess these virtues or qualities.
President Muhammadu Buhari and his South African counterpart, President Matamela Cyril Ramaphosa
Bringing Apartheid to an End It does not stop there. For the better part of the last 50 years, Nigeria has been the major military and economic power in Africa, and we have used our wealth, power and influence wisely and expeditiously, to the advantage of many countries on the continent. For example, had it not been for us, the minority white Boers would still be ruling over the black South Africans, and apartheid would still have been firmly in place. We nationalised British Petroleum and Barclays Bank because of them in the late 1970's, and thereby, compelled the British to accept our demand of black majority rule in South Africa and Zimbabwe, and to stop supporting apartheid and white minority governments. Education and Trade We are far ahead of South Africa in terms of education, and virtually every other sphere of human endeavour, and we have opened up our country for them to come and invest in without any preconditions, obstacles or trade barriers. Today, Nigeria is by far the biggest market for their expertise, products, goods and services, and if that market were to ever be closed to them or if their compa-
nies were nationalised, it would affect their economy enormously. The truth is that, they benefit far more from and make far more money from us today, than we benefit and make money from them. In a trade war, they have far more to lose than we do, because not that many Nigerian companies have invested heavily in and operate in South Africa, whilst many South African companies have invested heavily in and operate in Nigeria. As a matter of fact, some of those companies make more money from the Nigerian market and their Nigerian operations, than they do in the whole of the rest of Africa put together. That is what we have offered and given
“TOGETHER WITH THE CUBANS AND THE LIBYANS, NIGERIA DID MORE FOR THE LIBERATION OF SOUTH AFRICA AND SOUTH AFRICAN MAJORITY RULE, THAN ANY OTHER NATION IN THE WORLD”
them, and yet they have offered and given us next to nothing in return. All we get from them are insults, violence and heartache! Historically and in every other way, they are very much our juniors. Our people were educated at Oxford, Cambridge and the very best Universities in the world since 1860. Majority of South African blacks never went to a real University, until the 1990's after apartheid fell. Nigeria’s Sacrifices in Africa We have liberated and brought peace, justice and stability to many African countries, and been a blessing to the African continent for many decades, despite our present challenges. Whether it be Angola, Mozambique, Congo, Zimbabwe, South Africa, Tanzania, Uganda, Zambia, Ethiopia, Eritea, Ghana, Namibia, Sierra Leone, Liberia, Sao Tome and Principe, Equatorial Guinea, Sudan, Chad, Niger, and so many others, we were there in full force with our money, our resources, our arms, our logistical support, our oil, our economic concessions, our aid, and in some cases, our troops. We shed blood, and our blood was shed for other
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he recent resurgence in South Africa of wanton aggression against Nigerians, and some other foreign nationals resident in that country, has incurred the infuriation of Nigerian people and government, who are united in the expression of unequivocal condemnation of what has now become a recurring and rampant practice of mindless xenophobic violence perpetrated by South African citizens, and more so, the apparent lack of commitment on the part of South African government to prevent such attacks and redress the situation, by bringing the perpetrators to justice and making reparations to the victims. This reign of impunity in South Africa, has attracted reciprocal violent recourse by some disgruntled Nigerians against South African economic interests in Nigeria, which were however, quickly contained by proactive law enforcement agents. More appositely and strategically, the Federal Government has swiftly taken steps to respond to the situation, in a manner that is in tandem with the legal regime on international relations. What is Xenophobia? Now, xenophobia is the fear or hatred of that which is perceived to be foreign or strange, engendering violence as a defence mechanism against such fear, or a catharsis of an overflowing hatred. False Accusations It seems that, the perpetrators of the xenophobic attacks in South Africa, among other indignations, blame Nigerians and other foreigners in their country for taking over their jobs, which according to them is the reason for their hardship and poverty. More appalling were the attempts by some top officials of South African government to justify the attacks, by claiming that most Nigerians in their country indulge in criminal activities. These are pathetic excuses, which cannot justify extrajudicial attack against legal foreigners, in their host country. If some foreigners in South Africa engage in criminal activities, it is incumbent on the law enforcement agency of that country, to find and bring such persons to justice, and not allow the citizens to resort to jungle justice against such perceived alien criminals. On the other hand, South Africans cannot
blame hard working foreigners for their suffering; they should rather, blame their government, because such foreigners mostly engage in personal businesses, which they have laboured so hard to build and grow. If anything, such businesses built by foreign nationals, especially Nigerians, add substantial value to South African economy – they employ South Africans, pay taxes to the government, and generally, bring more development to the country. Failure of the Government of South Africa South African government has failed to admit that, the attacks against foreigners in that country are xenophobic, preferring to describe them as mere illegal activities by some criminal elements, with a mere half- hearted condemnation of the attacks by President Cyril Ramaphosa. It is rather unfortunate, that the South Africa government has failed in its duty, by allowing it people to lose a sense of history, which should have taught them to remain in perpetual gratitude to Nigeria and other African countries, for the critical roles they played in extricating that country from the morbid hold of apartheid. International Law The question now is, whether under international law, the South African government is fully responsible and answerable for the attacks on Nigerians and other African foreigners in that country, perpetrated by its citizens. The international legal regime governing this matter, is the International Law Commission Draft Articles on Responsibility of States for Internationally Wrongful Acts adopted by the United Nation’s General Assembly in 2001 – (ILC Draft Articles). Under this regime where, as in this instance of xenophobic attacks in South Africa, unlawful acts are committed by individuals not acting as de facto State officials against foreigners, the State on whose territory the acts are committed incurs international responsibility, only if it did not act with due diligence (culpable negligence) – that is, if it omitted to take necessary measures to prevent attacks on foreigners and their assets, or after the perpetration of the unlawful acts, failed to search out and duly punish the authors of those acts, as well as pay compensation to the victims or their families. The recurrence of xenophobic attacks in South Africa, has risen above ordinary State responsibility to the status of aggravated State responsibility, which arises when a State violates a rule laying down
“IT IS ONLY WHERE THE RESPONSIBLE STATE REFUSES TO MAKE REPARATION, OR TO ENTER INTO THE ALTERNATIVE DISPUTE SETTLEMENT PROCESS, THAT THE INJURED STATE WILL BE ENTITLED TO RESORT TO COUNTERMEASURE” a ‘community obligation’, that is either a customary obligation erga omnes, protecting such fundamental values as peace or human rights of peoples, or an obligation erga omnes contractantes, laid down in a multilateral treaty safeguarding those fundamental values, such as the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights. In the instant case of attacks on foreigners in South Africa, it is obvious that the government of that country was negligent in preventing such attacks, and protecting the lives and properties of foreigners. Indeed, there seemed to be a tacit complicity, if not direct incitement of the attacks by government officials. The gruesome killing and brutal maiming of Nigerians, including wanton destruction of their assets in South Africa by the citizens of that country unbridled by the security apparatus, therefore, entitles the Nigerian Government to invoke aggravated State responsibility against the South African government. Ordinarily, a delinquent State owes several obligations to the injured States. First, it must cease the wrongdoing, if it is continuing. Second, it must offer appropriate assurances and guarantees of non-repetition. Third, it must make full reparation for the injury caused. Fourth, if it refuses to make reparation or pay compensation to the extent required by the injured State, pursuant to Article 2.3 of the UN Charter, the responsible State must accede bona fide, to any attempt to peacefully to settle the matter made by the injured State. On the other hand, the injured State, if it decides to invoke the responsibility of the delinquent State, must take the following
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10/COVER
10.09.2019
WARNING FOR FOREIGN MINISTER AND PEOPLE OF SOUTH AFRICA
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African countries over the years, yet all we get in return, are insults. If you say Nigerians are drug pushers and human traffickers, then I will say that South Africans are losers, racists, drop-outs, failures, and genocidal maniacs. Worse still, had the white Boers not built up South Africa, it would still be a barren land, and the black population would still be nothing but slaves that live in filthy and squalid little townships. Domination of the Minority Boers in South Africa to date Despite all the razzmatazz and great public relations about being a happy and prosperous "rainbow nation" where everyone is so happy and is treated so well, the truth is that South Africa remains a country with a black body and a white head. I say this because, even though political control and leadership has been ceded to the blacks, 80% of the multi- national corporations, big business, industry, the private sector, the economy and 90% of the choicest land, the biggest farms and the best farmlands, still remain in the hands of the white Boer minority. Given this, is it any wonder that black South Africans are literally going mad, and are deeply frustrated and filled with hatred and bitterness? They have nothing, and, unlike in the days of Oliver Tambo, Nelson Mandela and Thabo Mbeki (all great and inspiring men of strength, courage, wisdom, conviction and profound wisdom), other than a handful of new political leaders who are essentially corrupt, weak, fearful, divided, conflicted and uninspiring ‘Uncle Toms’ (with the possible exception of a bright, courageous and rising young star, by the name of Julius Malema), their prospects of ever amounting to anything over the next 100 years, is very dim. The real power still resides in the hands of the minority white Boers, and the prospects for a prosperous and bright future lies heavily in their favour, at the expense of the majority blacks. If only the South Africans knew and remembered their history and considered ours, they would be praying for Nigeria and thanking us every day, rather than insulting and killing us. Without our support and the pressure we brought to bear, the great Nelson Mandela may never have been freed, and the ANC and its armed wing (Umkhonto we Sizwe) would not have received the massive and robust funding and support that it did, throughout the 1960's, 1970's and 1980's. Together with the Cubans and the Libyans, Nigeria did more for the liberation of South Africa and South African majority rule, than any other nation in the world. What the South Africans are doing to Nigerians today, makes me regret the fact that we did so much for them in the past. They have repaid our good with evil, and consequently, evil will never leave their doorstep. They have shed our blood for no just cause, and the heavens will respond and avenge us. They have made us weep and shed tears for our compatriots. The South African Foreign Minister and those that share her racist and deplorable disposition and xenophobic views, should consider these facts, and the implications of her words and actions, before she ventures to undiplomatically speak untruths about Nigeria and Nigerians again. How I disciplined the White South African Boy
Nigeria's Minister for Foreign Affairs, Geoffrey Onyeama
Minister of International Relations and Cooperation of South Africa, Dr. Naledi Pandor
Permit me to conclude this contribution with the following: Many years ago, in the early to mid-1970's, when apartheid was alive and well in South Africa, and when I was a young student at Harrow, which undoubtedly remains one of the best private schools in England, I broke the jaw of a blond, blue-eyed English- speaking white South African fellow student, who said some very nasty things about black South Africans during a history class. During a heated debate about racial segregation and the South African Mixed Race Act which made it a criminal offence for blacks and whites to get married or have sexual relations, he got up and said, before the entire class, that: "Allowing those dirty black dogs to touch our beautiful and pure white women, is sacrilege. It is against the laws of God! It is like getting a monkey to mate with a human being!" He said worse things, which I do not care to repeat here. I reacted swiftly, and without any hesitation. Without any warning, or even words of anger, I left my desk, walked up to him, and broke his jaw with one clean blow from my right fist. He never knew what hit him! He hailed from one of the biggest and richest white families in South Africa who were (and still are) in the diamond mining business. I almost got expelled from Harrow for my "wild and unruly" behaviour, until I gave my reasons for hitting him, to the school authorities. They were shocked and equally appalled by what he had said, which they rightly regarded as a grave and reckless provocation, and they decided to let me off the hook. I was reprimanded and warned and I remember that the Headmaster wrote a formal letter about the incident to my father, who was livid with me for jeopardising my entire academic career, simply because of a racial slight and slur. Papa said "you didn't have to hit him and almost kill the poor boy: you could have just attempted to educate him in a civilised manner. and at the worst, insult him back!"
Yet, I had no regrets or remorse about my course of action or the choice that I made, and to my eternal credit, I never apologised for my action to the South African, the school authorities, my father, or anyone else. The truth is that, I was proud of what I did, and I believed that defending the honour of my black South African colleagues, was far more important than staying at Harrow. I was prepared to risk it all by physically assaulting the white boy, and I did it with relish. My gamble paid off and the South African boy, as sober as ever, never insulted or spoke ill of blacks again, in my presence. As a matter of fact, we ended up becoming friends in the following years, and I will never forget what he told me just before we left Harrow in 1977. I remember the words because I wrote them down at the time, and have meditated on them for years. He said “you don't understand the Bantus" (meaning black South Africans)”. He went on to say "the day they get power in South Africa, is the day that South Africa will begin to die. Since the 17th century, we Boers built up everything there, and they contributed nothing. We fought the Zulus, and later the British, and we built and developed that land with our flesh, sweat and blood. Giving a country like South Africa to them, is like giving a monkey a loaded gun. They will use it to kill everyone around them, and eventually they will kill themselves. They are not like you Nigerians: they have no history or class. They are unenlightened, ungrateful, primitive, uncouth and very backward, and one day the rest of Africa will know them for what they are!" Judging from the words of the South African Foreign Minister, and the xenophobic and racist disposition of the South African President, Government and people, it appears that that day, has finally come. Femi Fani-Kayode, Lawyer, former Aviation Minister, Federal Republic of Nigeria
TIME FOR DECISIVE COUNTERMEASURES AGAINST DELINQUENT SOUTH AFRICA steps. It must first give notice of claim, to the responsible State. If the responsible State does not comply with its requests, the injured State must endeavour to settle the dispute through peaceful means, by proposing negotiation, mediation, conciliation or arbitration. It is only where the responsible State refuses to make reparation, or to enter into the alternative dispute settlement process, that the injured State will be entitled to resort to countermeasures. It must be noted that, in the case of aggravated State responsibility, such as the instant case, the legal consequences of the wrongful act no longer consists merely of bilateral relation between the responsible State and the State victim, but of a ‘community relation’ between the wrongdoer and all other States. This means that, countermeasures against the delinquent State will not only ensue from the injured State, but from the comity of nations at large, because of such violation of an erga omnes obligation. The Nigerian Government has obviously taken steps towards a peaceful resolution of this sordid situation, by first summoning the South African Ambassador to Nigeria, and then sending a delegation to South Africa. The outcome of those engagements should inform Nigeria on the way forward, in terms of what stringent, but nonforcible countermeasures to adopt if South Africa does not show a bonafide readiness to resolve the matter, or if the government of that country is amenable to settlement, the terms of an amicable resolution of the matter. The Nigerian Government pulled out of the World Economic Forum that was recently held in South Africa; recalled the country’s Ambassador to South Africa, thus, temporarily breaking diplomatic relations with that country; and mobilised
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military jets, including a donated Air Peace aircraft to convey Nigerians in South Africa back home. These are apposite and commendable preliminary and precautionary countermeasures taken by the Federal government, towards compelling the government of South Africa, to sit up and respond expeditiously and appropriately to the matter. The South African government must be compelled to once and for all, address this issue of xenophobic attacks in that country by arresting and punishing the perpetrators, paying adequate compensation to the victims, and giving firm assurance of non-repetition. The Nigerian Government must engage the Assembly of Heads of State and Government of the African Union, and the General Assembly and Security Council of the United Nations, for a community action against South Africa, to bring to a permanent stop to the recurring epidemic of xenophobic attacks in that country. In the final analysis, it is refreshing to see how Nigeria is united with one voice, in condemning the attacks against Nigerians in South Africa. But, what calls for serious reflection, is what value the Nigerian Government places on the lives of the citizens, what with the rampant killings in the country by Fulani herdsmen, Boko Haram, armed robbers and kidnappers, which have so far remained intractable by the entire security apparatus of the country. People are murdered virtually on a daily basis in very gruesome manners, yet there is no serious effort by the Government to prevent such attacks or protect the lives and properties of citizens. If the Nigerian Government cannot protect its citizens and show that it places a very high premium on the life of every Nigerian, it would savour of hypocrisy, to
expect the government a foreign country to place such premium on the lives of Nigerians, and thus, go out of its way to protect Nigerians against attacks in a foreign land. Also, the endeavour to bring back Nigerians from South Africa, while in itself is laudable, raises the question whether the government has made deliberate arrangements to rehabilitate such persons, and not just to leave them economically stranded, upon return to Nigeria. The nightmarish experience of Nigerians in the hands of South Africans, should be a wakeup call to the Nigerian Government, on the need to genuinely commit itself to abating the reign of corruption and impunity in Nigeria, and make a single-minded devotion to good governance that will yield tangible democratic dividends to citizens. This will discourage the exodus of Nigerians to foreign countries, in search of greener pastures where they suffer all manner of indignities, and usually end up in the wrong arm of the law in their desperate efforts to eke out a living. This however, does not by any means justify Nigerians, who out of greed and inordinate desire to amass sudden wealth, join the fast lane of criminal activities in foreign countries. Nigerian youths must embrace the orientation of hard work and delayed gratification, and if resident in foreign lands, must eschew criminality and commit themselves to legitimate endeavours, working hard to earn their living, and comport themselves as good ambassadors of the country – always projecting a very respectable image of Nigeria. Gozie Francis Moneke Esq., LLM (London), Executive Director, Human Rights & Empowerment Project Ltd/Gte
10.09.2019
COVER/11
Xenophobic Violence and Law Based Response
Emmanuel Onwubiko
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or the umpteenth time throughout last week, thousands of black Africans and other strangers from Asia living in South African townships, doing businesses, came under highly coordinated, premeditated, violent attacks from black South Africans, who killed, maimed and looted the property and business premises of these unfortunate Africans and strangers in South Africa. Sadly, these latest rounds of attacks, are not the first. South Africans have unleashed xenophobic attacks on other black Africans living in South African townships for over a dozen times, with hundreds of deaths recorded and still several hundreds of persons of black African origin killed and slaughtered by their fellow black Africans, whose only reason for doing these atrocious and unlawful acts, is their common hatred for strangers of black colour living amongst them and seemingly doing well economically, in the midst of pervasive and intolerable mass poverty amongst black South Africans brought upon them by their successive inept and ineffective administrations, since the end of White minority rule many years back. Elements that fuel the Black South African Xenophobia For instance, the last President of South Africa, Jacob Zuma, spent years in office amassing illicit wealth, and has come under a string of prosecutions for corruption related allegations whilst in office. But, rather than focus on mounting pressure on their local administrators made up essentially of the African National Congress (ANC) which has the clear majority in the Parliament of South Africa, these black South Africans have diverted their angst against other Blacks living in South African townships. In the previous cases, not much fuss was made by global leaders, which is why the attacks seems to be unending. These attacks are also motivated by some rhetorical statements by some top South African politicians, including the current President Cyril Ramaphosa who was seen on television accusing hundreds of thousands of Black non-South Africans of setting up unregistered businesses. One of the cabinet level ministers in South Africa, was also quoted as accusing non- South Africans, especially Nigerians living in South Africa, of engaging in hard drugs business. These kinds of wrong xenophobic statements from South African Ministers and the President of South Africa, are the elements that fuel the persistent xenophobic violence against Blacks in South Africa, who are not indigenous to South Africa. There are some 800,000 legal residents of Nigerian origin, and most of them are married to South African women, and are engaged in legitimate businesses in South Africa. Sadly, these constant xenophobic attacks, have led to the destruction of lives and property of Nigerians and other black non-South Africans living in South African townships. The United Nations and the African Union have failed to take concrete actions by way of sanctions, to get the government of South Africa to carry out its international obligation to stop any form of genocide or Xenophobic attacks. At best, the African Union only made some weak responses, by way of press statements. The African Union ought to send African military
“..... IT IS NOW AS CLEAR AS CRYSTAL, THAT THE SOUTH AFRICAN GOVERNMENT OFFICIALS ARE ENJOYING THE ATTACKS, SINCE THESE ATTACKS ARE CLEARLY TRANSFERRING AGGRESSION OF THE PEOPLE OF SOUTH AFRICA AWAY FROM THE NONPERFORMING POLITICAL ELITE, TO THE STRANGERS AND AFRICANS OF NON-SOUTH AFRICA ORIGIN”
Xenophobic attacks in South Africa
peace keepers, to protect the victims of xenophobic attacks in South Africa, since this has become a pattern amongst black South Africans, and it is now as clear as crystal, that the South African government officials are enjoying the attacks, since these attacks are clearly transferring aggression of the people of South Africa away from the non-performing political elite, to the strangers and Africans of non-South Africa origin who in most cases, struggle to make ends meet and only a little fraction are really into crime and hard drugs. An expert of Nigerian origin recently wrote a well researched piece, whereby, he made it clear that Nigerians are not the ones controlling the criminal enterprises in South Africa. I will highlight this study of this Nigerian who schooled and settled in South Africa, before concluding this reflection. Air Peace The nearest to the remedial measures and actions which have so far emerged as one of the law based responses from corporate bodies and governments of nations whose citizens are under attack in the South African townships, is the decision of the privately owned airline - Air Peace, to airlift Nigerians back home. The magnanimous and phenomenal decision of Air Peace to freely air lift Nigerians from South Africa to escape the violent xenophobic attacks, has been described as a true manifestation of the Nigerian core values of humanitarianism and mercy in times of need. There is also the urgent necessity to call for the setting up of an economic restoration trust fund of at least N10 billion, to be managed by credible Nigerian Statesmen/ Women by the Nigerian Government and prominent multinational companies and wealthy Nigerians, so that those Nigerians returning from South Africa can be supported with financial assistance to be able to immediately resume their legitimate businesses which have now been destroyed by black South Africans. The Speaker of the Federal House of Representatives, Rt. Hon Femi Gbajabiamila who convoked an emergency plenary session of the House, also spoke along this line. The free air lift of Nigerians by Air Peace from South Africa, is the most practical step of advancing the Right to life of the Nigerian citizens enshrined in Section 33(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended). It is indeed, a notorious fact that many Nigerians in South Africa have suffered from the latest xenophobic attacks, with many businesses destroyed and looted. Although it has been alleged that, at least five people have been killed in the attacks targeting foreigners of African descent, the Nigerian government has said no Nigerians were killed. Government of Nigeria’s Response Another interesting dimension in the whole issue of a clear law based response to the renewed xenophobic violence, can be contextualised under the insistence by the Minister of Foreign Affairs, Geoffery Onyeama,
who said on Wednesday last week, that Nigeria would not ‘cave in’ on its two demands from South Africa, which are compensation for Nigerians whose properties were destroyed, and provision of adequate security for Nigerians in South Africa. The South African President claimed that, as at the weekend, South African attackers were going around the townships killing and destroying business premises of foreigners, and the South African police and government have not succeeded in stopping these attacks. It is therefore, shocking and disappointing, that the South African authorities say they are responding promptly to curb the violence. Nigerians have expressed outrage about the attacks, urging President Muhammadu Buhari to take decisive measures against South Africa. The attacks in South Africa boiled over in Nigeria and other African countries, whereby South African owned businesses were also attacked in retaliation. On his part, President Buhari appealed to Nigerians looting shops and other establishments, to stop. These businesses - Shoprite, MTN and others, though they are South African, but these are subsidiaries in Nigeria owned by Nigerians. So, as attacks are made against Shoprite and other such institutions, it is actually the property owned by Nigerians within Nigeria, and the people working there are Nigerians. Those who will suffer from those acts of vandalism and aggression, are not South Africans or anyone else, but Nigerians. Such acts of vandalism are wrong and immoral. Inadequate Response by the Nigerian Government But, I sincerely think that, the response by the Nigerian Government are few and far between, and not strategically coordinated. Nigeria ought to show that it means what it has said, and not present a graphic impression of a government that lacks coordination and coherence. Why should this Government make a public statement that it will recall the country’s Ambassador in South Africa, only to foot drag and then stampede itself into a public denial? It would seem that, the present administration is weak, indecisive and lacks patriotism. People are even beginning to read ethno- religious meanings into these clearly uncoordinated responses of President Muhammadu Buhari to the xenophobic attacks against Nigerians, with some persons saying that Buhari would have acted more swiftly, if the victims of the xenophobic attacks are from his Northern region and are Muslims. Those saying this may have a valid point, because this President was proactive in getting the Kano born youngster sentenced to death in Saudi Arabia for drugs to be set free through a well coordinated internal propaganda, which in a way convinced the Saudi Government that the girl sentenced to death in Saudi Arabia for trafficking in hard drug was innocent. Why then, is President Muhammadu Buhari prevaricating CONTINUED ON PAGE 12
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10.09.2019
Xenophobic Attacks: Misplaced Anger Dr. Kayode Ajulo
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he unfortunate xenophobic attacks, is a fallout of the calamity that befalls the third world, particularly the old colonies of colonial masters. I’ve said it before, we need to be compensated, for the pillage not only of our resources, but our brains, knowledge, attitude, altitudes, culture and values. It’s why we hate ourselves, we attack and kill ourselves, because we’ve been programmed to such, anything African and black is abhorrent. Don’t you see the way, some bleach their skins? On a serious note, xenophobic attacks in South Africa stems from the standpoint of misplaced anger, hatred on the part of South Africans towards other Africans, most especially Nigerians. It is sad and appalling that, South Africans failed to avert their minds to their not too long history of apartheid, for which Nigerian played a key role in ending. This unexpected behaviour cannot be justified in the face of unprovoked attacks that Nigerians received lately, in the hands of their South African counterparts. These attacks must be condemned in their entirety, because they are not reflective of the true spirit of Africa. Dire Economic Consequences This is selfish, non-Pan African and barbaric. The attacks are capable of having a spill-over effect on the Africa Continental Free Trade Agreement, which is in force between 27 African Union member States. Hostilities between the two biggest economies in Africa, are capable of causing this. Data at present has shown that, South Africa is one of Nigeria’s top five export destinations as the country exported goods with total value of N325.5 billion within the period. Currently over $60 billion trade volume has been affected drastically within few days of the xenophobic attacks. We must not allow this to happen again I urge the Attorney-General of the Federation, Abubakar Malami, SAN to immediately start legal action against South Africa, predicated on Nigeria’s ratification of the protocol to the African Charter on Human and Peoples Rights, on the establishment of an African Court on Human and Peoples’ Rights, which was signed on May 29, 2004. The mandate of the African Court on Human and Peoples’ Rights, is to monitor respect for human rights on the African continent, in line with the instruments. It is an elementary principle of international law, that a State is entitled to protect
Mob attacked, looted MTN in reprisal for xenophobia attack in South Africa
its subjects, when injured by acts contrary to international law committed by another State, from whom they have been unable to obtain diplomatic action or international judicial proceedings on behalf of its citizens. Thus, the Federal Government must tow the path of law and order, to protect the rights of Nigerian Citizens in South Africa affected by the xenophobic attacks, in order to get justice for the gruesome violation of their fundamental rights in South Africa. The court is empowered to hear cases brought against African States, for failure to respect human rights. It is able to issue binding judgements in such cases, and where violations are found, may award compensation and other remedies to victims. While it suffices to commend the court on its various decisions, ranging from its declaration that the mass deportation of hundreds of Gambians workers by Angola was a violation of their rights to freedom of movement, liberty and right not to be treated in an inhuman and degrading way, to its decision that the detention incommunicado without trial of at least 11 journalists by Eritrea was a violation of the journalists’ right to freedom
XENOPHOBIC VIOLENCE AND LAW BASED RESPONSE on what strong diplomatic steps to adopt to stave off the xenophobic violence against Nigerians and other non-South African blacks living in South Africa? Is Nigeria not a big player in the African Union anymore? Is Nigeria not a big player in the United Nations anymore, even when the Deputy Secretary-General, Amina Mohammed from Gombe State, a Fulani, served the Muhammadu Buhari-led administration as Environment Minister before she moved on to the United Nations? The Nigerian Researcher’s Perspective Speaking about Nigeria, drug cartels and xenophobia in South Africa, a graduate of the University of the Witwaterstrand faulted the South African Ministers for linking Nigerians with drugs, and then xenophobic attacks. Ifeanyi Amadi was reported as stating that he has a lot of problem with the authenticity and accuracy of these stories. He said: "I'm a graduate of the University of the Witwatersrand, now University of Johannesburg, I am married to a South African. I worked for the African Union from inception until 2009, when I decided to relocate, so, from 1996-2009, that would be 13 years of living in South Africa, by virtue of having studied and worked in South Africa and speak Zulu fluently. Also, due to the nature of the work, it afforded me the opportunity to travel extensively within South Africa and Africa, generally. So, I can conveniently and confidently say that, I know South Africa and its people, very well." "Now, the issues raised in this write up concerning drugs is untrue, yes, some Nigerians are involved in drugs, but they didn't start it nor are they even in the majority, neither are they the kingpins of drugs, but the thing is, Nigerians in South Africa are like the children
“THIS IS SELFISH, NON-PAN AFRICAN AND BARBARIC. THE ATTACKS ARE CAPABLE OF HAVING A SPILL-OVER EFFECT ON THE AFRICA CONTINENTAL FREE TRADE AGREEMENT.....”
of expression, right to liberty and fair trial, however, it is quiet sad that, despite the well-considered decisions of the court, some member-States have refused to comply with the decisions of the court. Well I hope the reverse will be the case, in this instance. Dr. Kayode Ajulo, former National Secretary of the Labour Party, Abuja.
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of the Third Reich, damned for what they are, and damned for what they're not." "Encapsulating the drug business in South Africa and prostitution, it would be wise to recognise that the drug business was going on before the earliest Nigerians settled in SA, in Cape town, gang wars started in Cape flats amongst the coloured people, long before Nigerians got there; in Durban, there was drug trade by Indians from Pine town to the Promenade, long before Nigerians saw the Indian Ocean in Kwazulu Natal (note that, Durban is not a capital city like JHB. Pietermaritzburg is the capital city)." He wrote too that: "Now, in JHB, drug business by Nigerians are heavily situated in places like, Hillbrow, Berea, Yeovil, Orange Grove, Ellis Park, Rossettenville. These are areas heavily populated by foreigners of diverse origin." "Let me also shine some light on prostitution, before I conclude. Prostitution is a right of passage of 90% of South Africans, white, black, Indian, coloured, the remaining 10% are Khoisan. An average South African girl of 15 years, already has a child before the family will now aid her to move from the locations to JHB, Durban, Port Elisabeth, East London, Cape town or Tswane, which is by the way, the real name of Pretoria." According to him: "Native South Africans are extremely poor, and as as a result, crime and prostitution thrive in the locations (informal settlements) like Soweto, Alexandra, Tembisa, Lenasia and Eldorado Park in Gauteng Province, with JHB as capital city. Lamontville, Port Shepstone, Umlazi, Umtata, Bluff, and other locations spread out in the Zululand, feed the crime and whore needs of Durban KZN. While in the Cape Town, it is fed by, Gugulethu, Kylitsha, Cape flats and
neighbouring East London and Port Elizabeth." "The other provinces, like Bloemfontein, Limpopo and basically all of the former Northern Transvaal, Boputhatswana, flock to JHB, supported by migrating prostitutes from Namibian, Zambia, Zimbabwe, Mozambique, Malawi, and a smattering handful from Botswana, Swaziland, Lesotho and Angola, not forgetting assassins from Mozambique and Zimbabwe. These complete the violent crimes and prostitution ring, in South Africa. Looking at drugs holistically, Nigerians, Tanzanians, Indians, Pakistanis, Italians and the Boer South Africans, are indictable here, but in different categories." So, in conclusion, he submitted that, Nigerians are not as was described in that write up, but they have simply constituted themselves into a "nuisance" in South Africa by their being show-offs. If they were the biggest drug dealers in South Africa, they would all be in prison by now. The biggest barons are big South Africans, and are known to the government, that's why they are untouchables. Don't regard all their blame- shifting "There are lots of Nigerian professionals living and working in South Africa, even the face of Vodacom the largest telecom service provider, is a Nigerian. Many small and medium scale businesses in South Africa, are established and run by Nigerians. They create several jobs for South Africans. There are so many Nigerian Doctors, lecturers, business men, and Engineers, holding places in the economy of South Africa ". Nigeria must make hay, whilst the sun shines. Onwubiko was a Federal Commissioner of the National Human Rights Commission of Nigeria and now heads Human Rights Writers Association of Nigeria (HURIWA)
10.09.2019
THE LIGHTER SIDE/13
LEGAL HUMOUR This Lawyer Is Thorough... The Attorney tells the accused, “I have some good news and some bad news.” “What’s the bad news?” asks the accused. “The bad news is, your blood is all over the crime scene, and the DNA tests prove you did it.” “What’s the good news?” “Your cholesterol is 130.” ˾˾˾ Trappiest Place on Earth “A man won an $8,000 settlement from Disneyland after he got stuck on the It’s a Small World ride. He said he’d use the money to cut out the part of his brain that won’t stop playing “It’s a Small World After All.” — Conan O’Brien ˾˾˾ Long Tour of Duty I work in a courthouse, so when I served jury duty, I knew most of the staff. As I sat with other prospective jurors listening to a woman drone on about how long the process was taking, a Judge and two Lawyers passed by, giving me a big hello. A minute later, a few maintenance workers did the same. That set off the malcontent: “Just how long have you been serving jury duty?” ˾˾˾ A Little Too Literal If you’re interested in becoming a Lawyer, you’ll need a degree. But, as these court transcripts reveal, the question is, in what? Attorney: “How was your first marriage terminated?” Witness: “By death.” Attorney: “And by whose death was it terminated?” Witness: “Guess.” Attorney: “Doctor, how many of your autopsies have you performed on dead people?” Witness: “All of them. The live ones put up too much of a fight.” ˾˾˾ Roll Call I was in juvenile court, prosecuting a teen suspected of burglary, when the Judge asked everyone to stand and state his or her name and role for the court reporter. “Leah Rauch, Deputy Prosecutor,” I said. “Linda Jones, Probation Officer.” “Sam Clark, Public Defender.” “John,” said the teen who was on trial. “I’m the one who stole the truck.”
We Hold Your Brief JUDE IGBANOI jude.igbanoi@thisdaylive.com Dear Counsel, Your advice will be highly appreciated, on this issue. My 13 year-old marriage, is being threatened. Before I got married, I took my time to ensure that I fulfilled every requirement, including all the traditional arrangements. Unfortunately, my wife did not conceive in the first 11 years of our marriage, and I was under pressure from my family to have a child. I subsequently, had a relationship with my younger sister’s friend, who had a baby for me. My wife eventually had our first baby in 2010, and we are expecting our second baby in the next few months. My ‘Baby Mama’ and her parents, have been putting my family under pressure to pay her dowry, a pre-condition to my having access to my son. I told my father, I will never consider it. Initially, he appeared satisfied with my decision, but he eventually succumbed to their pressure, and is now asking me to give him permission to pay the dowry on my behalf. According to my father, he does not want to have a ‘questionable’ grandchild, especially as he is still alive. My siblings are aware of this development, and they are secretly advising me against it. R. E., Abuja.
Dear R.E., I would advice that you tread this path, with utmost caution. This is because of the obvious legal implications. I know this is not an uncommon scenario in Nigeria, and most cultures accept, condone, and even in some circumstances, encourage it. Although, you did not expressly mention in your letter, if you married your wife in Church or at the Marriage Registry, I will have you know that, it is illegal to marry another wife without first obtaining a divorce, and you would be guilty of the offence of Bigamy, if you contract another marriage under Native Law and Custom, like your father is encouraging you to do. The Matrimonial Causes Act and the Marriage Act, make such a marriage, illegal. Under the Marriage Act Cap M16, Section 47 provides ‘Whoever, having contracted marriage under this Act, or any modification or re-enactment thereof, or under any enactment repealed by this Act, during the continuance of such marriage contracts a marriage in accordance with customary law, shall be liable to imprisonment for five years.’
IN DEFENCE OF COUNTRY: THAT NINE BILLION DOLLAR JUDGEMENT their own part of the contract, by constructing the gas plant to be fed by the Federal Government’s proposed pipeline. It is the Claimant’s position that, the construction of a pipeline by the Federal Government should have come in advance of their own obligation to build the gas plant, and it is as a consequence of the Federal Government’s failure to build that pipeline, that the Claimant now seeks to walk away with an award of Nine Billion US Dollars. This is a flawed position that should have been defeated at the earliest stages of the litigation in this matter, for the simple reason that, to file a claim against a contractual partner where you yourself are arguably in breach of the same contract, is a clear-eyed denunciation of the good faith and fair dealing principles that are at the heart of contract law. That both the Arbitration Panel and the High Court of England and Wales have allowed this position to stand, is further reason why we must treat the outcomes of both processes with deserving scepticism. Compensation Furthermore, having accepted the Claimant’s position that they were due compensation as a consequence of the Federal Government’s failure to meet its obligations under the contract, the Arbitration Panel determined the damages due the Claimant by calculating the Claimant’s projected earnings over 20 years, less capital and operating expenditure, assuming perfect market conditions. I find this strange, and my conversations with others better versed in these matters, reinforce my objection. The arbitration panel, in seeking to make the Claimant’s whole assumed facts not in evidence, made presumptions that were not supported by historical patterns, and on the basis of these errors, imposed on the Nigerian people a judgement so heavy, that the dire consequences of its enforcement will be felt across multiple sectors of the Nigerian society, including our national security, for long after the facts of this case are no longer remembered. In reaching the Final Award, the Arbitration Panel assumed in its calculations, that the yet to be built plant would have
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been delivered on time and would operate at 93% uptime for the 20- year duration. The Panel further assumed that, the average global oil price, will remain above $100 for the same duration. Everything we know about the volatility of the oil and gas industry in Nigeria, leads one to believe that the former assumption is based on nothing, if not ephemeral hope. Already, the latter assumption has been rubbished by the real price of crude oil in the global markets, since the determination of the final award. Yet, the award calculated using these fundamentally flawed indices, still stands. This is neither fair nor just, and we ought not to accept it without objection. Anything short of this comes under the equitable doctrine of unjust enrichment, a defence in contract law. We must all at this time, avert our minds to the best options for resolution of this matter, in such a manner that protects the genuine commercial interests of the Claimants, without causing any more injury to the Nigerian State and the Nigerian people. Already, there are multiple appeals against both the arbitration award, and the enforcement order by the British courts. As it is to the National Assembly, that the Constitution of Nigeria grants the power of the purse and appropriation, it is my opinion that the Assembly ought to be a necessary party to all ongoing litigation, whether by
“.....IT IS MY OPINION THAT, THE HIGH COURT OF ENGLAND HAS NEITHER THE SUPERVISORY, NOR ENFORCEMENT JURISDICTION OVER THE ARBITRAL PROCEEDINGS, AS THE LETTER OF THE GSPA, IS VERY CLEAR ON THAT ISSUE. THE COURT WITH THE JURISDICTION, IS THE FEDERAL HIGH COURT OF NIGERIA”
means of joinder or by initiating a fresh action. Whilst we await the final determination of these matters in the court of law, simultaneous diplomatic back-channel discussions, must be ongoing. We must approach these talks with all options on the table, recognising the urgency of the situation, and the very high stakes and dire consequences of failure. I am heartened by the fact that, the Economic and Financial Crimes Commission (EFCC) has commenced a criminal investigation into the circumstances of the contract between the Federal Government of Nigeria and Process & Industrial Development Ltd. I hope that this investigation will be conducted expeditiously and with due care, so that where anyone is found liable for negligence, recklessness or less than professional conduct, such a person will be made to face the full wrath of the law, as a deterrent to others. Those who are elected and appointed to represent the interests of the people of Nigeria, must recognise that they are rightly held to higher expectations, and they must live up to those expectations. Beyond the present matter, there is a need for the National Assembly to begin an urgent and comprehensive review of all protocols, treaties and agreements signed by the country over the years, whether or not ratified, as it may be time to opt-out of those that may no longer serve our country’s interest. Time sometimes may change the dynamics, and make such agreements less favourable to us as a country. Treaties are not in perpetuity, and a country cannot be held in bondage by virtue of having signed one. The United States of America has a long history of conducting such reviews, and acting in the best interests of the nation. From the Kyoto Protocol renunciation, to most recently, the withdrawal from the Joint Comprehensive Plan of Action, known commonly as, the ‘Iran nuclear deal’, and withdrawal also from the North American Free Trade Agreement (NAFTA), with the latter now being renegotiated, in view of present realities. This is the same approach we must adopt, in the best interests of the Nigerian people. Rt. Hon. Femi Gbajabiamila, Lawyer, Speaker of the House of Representatives, Federal Republic of Nigeria
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10.09.2019
TALKING CONSTITUTIONAL DEMOCRACY DR. MIKE OZEKHOME, SAN
SMS only to 08098898888
The $9 Billion Judgement Debt Rumbling: Legal Issues Arising (Part 1)
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contract with some unscrupulous Nigerians. He said the contract with P&ID was illegal ab initio, because it was not approved by the Federal Executive Council, adding that there was no budgetary provision for such a contract. Aondoakaa said the contract was in contravention of the Infrastructural Regulatory Commission Act and Public Procurement Act. Incredible submission for an arbitration award already made, with both parties participating. Incredible that Aondoakaa is advocating going after alleged culprits in this cul de sac, rather than proffer serious solutions. Pursuing rats, when the house is on fire?
Introduction
he raving news, is the decision of a British court which ordered the seizure of Nigeria's foreign assets, to satisfy a judgement debt of $9 billion which was awarded by an Arbitral tribunal. This sum, is surely over N3.4 trillion Naira. This is an order, which, if carried out, will simply cripple Nigeria, whose entire 2019 budget, for the whole country (which was signed into law only in June) is N8.92 trillion only. The current foreign reserves of Nigeria, is about a mere $47.62 billion, with China having the highest foreign reserves in the world, to the tune of $3.6 trillion. This is distantly followed by Japan $1.323); Switzerland ($804.323 billion); Saudi Arabia ($487.259 billion); Taiwan ($464.828); Russia ($463.800); India ($430.572 billion). Others are Hong Kong, South Korea, Brazil, Singapore, Thailand and Mexico, in that order. The UK has $164.209. The United States of America comes a very distant 18th in the world, with $125.725 billion in foreign reserves. You can now imagine where Nigeria, with a paltry $47.62 billion, would be on the world index. The best option thus, open to the Federal Government, to halt the looming disaster of attaching her foreign assets to the tune of $9 billion, in my humble opinion, is to immediately appeal the judgement and ask the court for a stay of execution. It could, in the interregnum, negotiate the quantum, as it had already done. To allow execution of the judgement, will plunge Nigeria's already battered, pilfered and mismanaged economy, into irreversible doldrums and recession of unimaginable proportions. No one should take Lai Mohammed serious, when he boastfully asserted that Nigeria will not surrender any of her foreign assets. Really? Did I hear him say "surrender". Lai easily and shockingly forgets that, UK is not Nigeria, where court judgement/ orders are treated with disdain, levity, derision and violated with utmost impunity. The judgement creditors will not seek Nigeria's permission, to go after her foreign assets. They will not politely ask Nigeria to "surrender" her assets. No. They will simply use the available, tested and trusted legal option of garnishee proceedings (writ of fieri facia), and attach all available and known Nigerian bank accounts, assets, monies, properties, etc, wherever they find them in the UK and in any part of the world, especially in countries within the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, June 10, 1958); otherwise known as “the New York Convention. This Convention requires courts of contracting States, to give effect to private agreements to arbitrate, and to recognise and enforce arbitration awards made in other contracting States. As at April, 2018, the Convention had 160 State parties, which include 157 of the 193 United Nations member States, plus the Cook Islands, the Holy Sea and the State of Palestine. Nigeria and the United Kingdom, the two countries involved in the P & ID and Nigerian imbroglio, are State parties to this New York convention. It means the arbitral award of $9 billion judgement debt made in favour of P & ID, can be enforced in any of these 160 countries. It can also be enforced against the property of Nigeria in any of the European Union (EU) States made up of 28 countries. The UK had triggered off Article 50 to begin UK’s withdrawal from the EU in March, 2017, following a referendum which started a two-year process due to conclude on 29th March, 2019. 51.9% voters favoured UK’s leaving the EU. This process is expected to be concluded (final exiting) by 31st October, 2019. But, until then, the judgement of P & ID can be enforced in any of these 28 countries. So, this is a time to be strategic and tactical. This is not a matter given to puerile lachrymal effusion, chest beating, adventurous swash buckling, and grandstanding. It is a matter of cold law, and facts. Let the Federal Government hire experienced legal hands in the UK immediately, to stem this impending disaster that will eclipse all of us, without exception. The Facts Process and Industrial Developments Limited (P&ID), is an engineering and project management company founded and led by Michael Quinn and Brendan Cahill, who are said to have over 30 years experience of project management and execution in Nigeria. P&ID conceived and planned a project that would deliver much- needed power generation to millions of Nigerians, and create profitable by-products for sale on the international market. Under an agreement with Nigeria, P&ID would build a state-of-the-art gas processing plant, to refine natural gas
President Muhammadu Buhari
(“wet gas”) into “lean gas” that Nigeria would receive free of charge, to power its national electric grid. The lucrative natural gas liquid by-products (propane, ethane, butane) of this processing would be sold by P&ID on the international market, with expected profits in the billions of dollars. In 2010, P&ID entered into a 20-year agreement with the Federal Government of Nigeria, to execute this project. Under the agreement, the Nigerian Government was to ensure that all necessary pipelines and related infrastructure were installed, and that arrangements were made with agencies and third parties to deliver gas for P&ID to process. However, the Nigerian Government was alleged to have failed to meet its commitments, causing the project to flounder. This meant Nigeria would lose the opportunity of a new power supply, and P&ID would lose 20 years’ worth of profits. P&ID was said to have attempted, on multiple occasions, to find a solution, and yet Nigeria refused to come to the table. Arbitration commenced in 2012 before a tribunal in London. Although during the arbitration, Nigeria claimed to be interested in reaching an amicable settlement with P&ID, in fact Nigeria never made a serious offer, and it became clear that Nigeria was attending settlement discussions only to delay the proceedings. In July 2015, the tribunal in London unanimously concluded that, Nigeria was liable for the Government having repudiated the agreement with P&ID. Nigeria was taken to arbitration under the terms of the agreement in 2015, which handed down an original award of $6.6 billion. It has since accumulated substantial interest, making it $9.6 billion as of today. It is the decision of the arbitration tribunal, which has now been turned into the judgement of the High Court. That effectively entitles the Applicant, P&ID Ltd, to impound the assets of the Federal Government of Nigeria wherever located in the world, to the value of the award, estimated to be 20% of the country’s external reserves. Cacophony of Voices: Former Attorney-General of the Federation: Michael Aondoakaa’s Reaction A former Attorney-General of the Federation, Michael Aondoakaa, SAN, has advised the Federal Government to file corruption charges against representatives of the Process and Industrial Developments firm, for entering into a sham
“SO, THIS IS A TIME TO BE STRATEGIC AND TACTICAL. THIS IS NOT A MATTER GIVEN TO PUERILE LACHRYMAL EFFUSION, CHEST BEATING, ADVENTUROUS SWASH BUCKLING, AND GRANDSTANDING”
Abubakar Malami, SAN’s Response Abubakar Malami, SAN, the Attorney-General of Nigeria, agrees in his reaction that: “The Arbitral Tribunal on 31st January, 2017, rendered its Final Award against the Ministry of Petroleum Resources in the sum of US$6.597 billion, together with pre-award interest at the rate of 7% per annum effective from 20th March, 2013 and post award interest at the same rate, till date of payment.” He further agrees that: “Upon the Award, P&ID commenced recognition and enforcement proceedings of the arbitration award against FGN in March, 2018 in both the United Kingdom (“UK”) and the United States of America (the “United States”). In view of the huge arbitration award, the current administration took positive steps in challenging the award, thus, the FGN is duly represented in the proceedings in the United States and the UK by the foreign Law Firm of Curtis, Mallet-Prevost, Colt & Mosle LLP.” He however, added that: “Consequently, FGN is vigorously defending its interests in the United Kingdom. It is entirely proper for Nigeria to raise and to strongly assert all available and proper defences, to the claims brought by P&ID.” Central Bank of Nigeria (CBN)’s Response The CBN Governor, Godwin Emefiele, described the contract leading to the judgement, as a “fraudulent contract” between the Ministry of Petroleum Resources and P&ID. Emefiele noted that, contrary to its claims in the media, the foreign firm did not invest any money on the contract in Nigeria. “As a foreign company, if you are investing either in a contract or a project in Nigeria, there are various options you will adopt in bringing in your investment. “If you are bringing in capital, in which case you are bringing in the money, you will fill Form A, and you will also collect a certificate of capital importation. “If you are bringing in machines or assets to execute your contract, then in this case, you will fill Form M, and also collect a certificate of capital importation to prove that you actually brought in money. “We have gone through our records, we do not have any information in our records, to show that this company brought in one cent into this country, and we have, accordingly, written to the Economic and Financial Crimes Commission and the Intelligence Department of the Nigeria Police, that are currently investigating this matter.” Okay, we have heard the Nigerian Government’s side of the story. But, is that what the law says? Legal Issues Arising Discovery of “Silver Bullet” to shoot down $9.6 billion P & ID Claim and Private International Law Suddenly, some Nigerians, especially of this Government, laden with sentiments, have now said they have found a “silver bullet” to shoot down the $9.6 billion world record claim against Nigeria’s assets by the Irish company, P & ID. The rock-solid defence, they claim, is contained in a UK law that gives immunity to Sovereign States. UK’s State Immunity Act 1978 (the Act) bars UK courts from confiscating assets of a foreign State, without the consent of that State, gives it a leeway in the matter. The Act allows a written consent of a foreign State, before the enforcement of a judgement which could lead to seizure of assets or freezing of accounts. (To be continued). THOUGHT FOR THE WEEK “If the people cannot trust their government to do the job for which it exists - to protect them and to promote their common welfare - all else is lost.” (Barack Obama).
10.09.2019
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Cults, Gangs or Something in Between? This article by Tosin Osasona, discusses some of the factors responsible for the increase in cult-related violence, in cities across Nigeria, citing reasons like our lack of tactical and operational direction for policing actors, amongst others, and making some suggestions on how to better overcome this rising menace, that has pervaded our society
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erhaps one of the factors responsible for the progressive worsening of ‘cult’ related violence in cities across Nigeria, is the confusion around what is cultism, who is a cultist and what is inherently bad about cultism, in the context of our differing historical and cultural experiences. For those who think- is it really necessary getting the name right? After all, a sour orange is sour, irrespective of the name you give it. Definitions reflect the idiosyncrasies, prejudices and emotions of the person offering them, and in the public policy space; except a problem is properly defined, proffered solutions are always going to be askew, and nowhere is this starker than the criminal justice sector in Nigeria. Legislation Conceptual clarity around ‘cult’ and ‘cultism’ is important, if we as a nation, will stop the mindless violence that has blighted our centres of higher learning, and has now entered our streets, decimating young people. No doubt, there are Federal and State legislation criminalising membership of cult societies, and, in fact, the Ekiti State 2017 Secret Cult (Amendment) Law has increased the previous seven-year imprisonment for convicted cultists, to the death penalty. Also, the 1999 Constitution of Nigeria forbids public officers from holding membership of societies, deemed to operate against the ideals of such public office. The Edo State Secret Cult (Prevention) Law of 2000, which, as a matter of fact, is one of the most lucid criminal legislations on the theme, bars students and public servants from having anything to do with cultism in any form, and this includes membership, being present at initiation or being initiated, possession of any dress, costume, uniform, regalia, identity card, insignia, certificate, symbol, book, register, staff, or article belonging to, or connected with any secret cult. This particular law, as clear as it is, compared to other legislation on the subject, has, in practice, further muddled the water and left unanswered the most important questions about cult and cultism in Nigeria. Why are all recent criminal legislation on the theme, a pitiable rehash of the old colonial legislation that are prejudiced against anything African? What are the distinctions in reality between the disruptive groups that are tagged ‘cults’ in Nigeria, and violent gangs in other climes, such as MS-13 and Cosa Nostra? Why have groups that set out as fraternities in our universities, ended up as being regarded as ‘cult’
groups, yet confraternities and sororities remain an integral part of collegiate culture across the world? Is the problem the brute violent psychopaths that we call ‘cultists’, unleashed on themselves and their unfortunate victims, or is it the secrecy that pervades their operations that makes the tag appropriate? Why have Christian and European originated fraternities not framed with the negativity, like their traditional African peers? Now that “vulcanisers, riders, bus conductors, and porters” on the streets of Lagos, in furtherance of their democratic rights, have demanded the right of inclusion in the gang-family, how do we police these new barbarians at our urban gates? Mistaken Identity? Undoubtedly, one of the primary threats to public safety and security in many urban centres in Nigeria, is the perennial violent clashes between gangs and groups that the media have continuously tagged as ‘cultists’. But, are these motley crew of felons’ ‘cults’ in our sociological and religious contexts? Cults and secret societies are a central part of traditional African governance institutions in so many communities, and were responsible in times past, for the functioning of social, economic and political systems. From the Poro and Sande cults in Mende and Temne chiefdoms in the Sierra Leone, to the Beri cult among the Vai people of Liberia, and coming close home, we have the Ogboni, Osugbo, Egungun cult societies among the Yoruba, the Ekpe secret cult among the Efik, and Ogo secret cult among the Afikpo-Igbo. How are these African secret societies, different from the medieval European merchant and craft guilds that were essentially confraternities of tradesmen? Or what are the real functional differences between the various Masonic orders, Freemasons, and the church based-confraternities that are common among Roman Catholics, Anglicans, Lutherans and the Western Orthodox churches and African secret cults? This clarification is necessary, due to the fact that in English- speaking world, the term ‘cult’ is a very subjective term with derogatory connotations. The colonialists, in delegitimising traditional institutions, criminalised membership of so many of these African societies, and forever branded them with the name ‘cults’ in a very disparaging way. And post-Colonial Nigerian criminal law regime, has kept the practice. Gangs and Cults: Differences Undoubtedly, there are multi-level problems with past and current strategies for addressing gang violence in Nigeria. The issue of wrong problem definition, remains at the heart of this critical defect. How can you solve a problem you have not shown basic understanding
“HOW CAN WE AS A PEOPLE, NOT SEE THE LINK BETWEEN THE RISE OF GANGS IN OUR URBAN CENTRES, AND OUR ABYSMAL SOCIO-ECONOMIC INDEXES - HIGH URBAN YOUTH UNEMPLOYMENT, HIGH INCIDENCE OF POVERTY, LACK OF OPPORTUNITIES, AND A DYSFUNCTIONAL CRIMINAL JUSTICE SYSTEM, AMONG OTHERS?”
of? Nigerian criminal legislation have branded gangs as cult groups, thus, muddling the real problem, and calling into question the understanding of law makers and other managers of the Nigerian security architecture of the nuances of group violence. Gangs and cults do share similarities, but there remain fundamental differences, as cults have their central principle of organisation, be it spiritual, religious or ideological belief system. Gangs, on the other hand, have more elementary or no belief system, and are distinguished by their brute use of violence. The most organised of the groups we tag cults, are partly an imitation of Italian Mafia, mixed with some elements of MS-13 and other American street gangs, with a sprinkling of a secret society, to create the illusion of mystique. And for the vast majority of those groups with the core of its membership outside universities, they are nothing but, gangs and mobs. The Awawa boys in Lagos, fits perfectly this description; operating in a group of 100, wreaking violence and causing disruption whenever they can, which is their only discernible raison d'être. Another manifestation of failure in problem definition as it relates to cults and gangs in Nigeria is faulty analysis, leading to wrong assumption and improper attribution of origin. How can we as a people, not see the link between the rise of gangs in our urban centres, and our abysmal socio-economic indexes - high urban youth unemployment, high incidence of poverty, lack of opportunities, and dysfunctional criminal justice system, among others? Yet, we are generously willing to blame the problem of cultism and gangs on Wole Soyinka and his six other peers for starting a confraternity in 1952 in Ibadan, as if there is link between Wole Soyinka’s pioneered collegiate fraternity and Awawa boys or Eiye in Mushin area of Lagos in 2019? And, who in particular, do we blame for the Yandaba gangs in Kano? Moreover, we conveniently gloss over the despicable roles that university administrators and political actors have played in time past, in emboldening and arming gangs as enforcers/executors of their agenda.
There is a lack of coherent national strategy for disrupting and dismantling the most violent gangs in Nigeria, and also there is no visible national policy on school-based violence, leaving individual schools and communities to respond uncoordinatedly to a national tragedy. The closest we ever came to having policy, was President Olusegun Obasanjo’s reactive anti-cult strategy in response to the national outrage over the Obafemi Awolowo University cult killing on 10th July, 1999. Isn’t it time to look at setting up something like the National Gang Intelligence Centre, like they have in the US? Having worked in international development assistance programmes, focusing on security sector reform and governance, nothing exposes Nigeria’s ill-preparedness to address gang related violence, as the lack of tactical and operational direction for Nigerian policing actors. The police in some States have established anti-cultism squads, but with zero operational guidelines or unit terms of reference, on how to operate. We are left with a police unit compelled to improvise as officers deem fit, so sporting a tattoo in auspicious and sometimes hidden body parts, or having some weird hairdos, or dressed in certain colours can result in you getting arrested for being a cultist. This, in essence, creates an opportunity for extortion, which ultimately alienates the very core of society that the police need to work with. But, we are back from where we started from, questions with no easy answers; and how well we provide answers to these questions, determine how fast we will stop the ongoing carnage by gangs in our centres of higher learning and urban city centres. We must at least start from the obvious- there is nothing constitutionally and socially wrong for adherents of indigenous African faiths to belong to fraternities and societies like their peers in Abrahamic faiths, and that most fraternities do not hold their meetings in market centres and open spaces, so secrecy is not the problem. The problem is the violence, crime, extortion and intimidation, which is motivation of gangs and gangsters. Tosin Osasona, State Interventional Lead, Nigeria Policing Programme
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BUSINESSWORLD R A T E S MONEY MARKET OVERNIGHT OBB
A S
A T S E T E M B E R
REPO 3.86 3.21
CALL 1-MONTH 3-MONTH
4 7.25 9.25
S & P INDEX INDEX LEVEL 1-DAY MONTH-TO-DATE
408.05% - 0.09% -0.48%
Group Business Editor Obinna Chima Email obinna.chima@thisdaylive.com 08152447875
6 , S & P INDEX 1/4 TO DATE YEAR TO DATE
2 0 1 9 1.94% 14.31%
EXCHANGE RATE ͹͎ʹ˛͡ͳ˚ͯ ̊ ̊
Quick Takes Africa’s Energy Tourism Holds Nov.
PROMOTING AGRICULTURE
L-R: Business Development Manager, AFEX Commodities Exchange Limited, Akinyinka Akintunde; Chief Executive Officer, Sterling Bank Plc, Mr. Abubakar Suleiman, and CEO, Binkabi, Quan Le, during the unveil of SABEX Platform at the Agriculture Summit Africa that was organised by Sterling Bank in Abuja‌recently
NERC Boss Optimistic about Stable Power Supply Peter Uzoho As Nigerians anxiously await stable electricity supply in the country, the Chairman of the Nigerian Electricity Regulatory Commission (NERC), Prof. James Momoh, has expressed optimism that, “stable power supply in the nation will be realised in our life time.� Momoh, explained that this would take place when the metering situation in the country improves within the next two years through the current Meter Asset Providers’ scheme as well as when renewable energy is allowed in the country. The NERC chief stated this during an interview on Channels Television. He noted that the commission was committed to improving the quality of lives of Nigerians. “We are committed to improving the quality of lives of Nigerians every day and every minute. The target is that by
ENERGY the time we have improved meter within two years, that will improve the quality of service all over the country. “By the time we allow renewable energy before 2030, a lot will be done. Formerly, I am saying do we have a target when all Nigerians will be powered? Hopefully, in our lifetime it will happen. “What do I mean? It is going to happen because there is a big need for power supply to run businesses in Nigeria, and Nigeria wants to be the number 20 in the world,� Momoh said. Furthermore, the NERC boss clarified the electricity tariff situation in the country, saying the commission has not increased tariff contrary to what had been making the rounds since it published what he called, “a minor review� last month. According to him, “We have not increased tariff at the mo-
ment. What we have done is, ask the big question: When do we get this thing right given that the Discos say we need cost-reflective tariff to be able to provide services that we actually should do? “So we did a minor review which is a review that takes into account the exchange rate, gas availability, availability of capacity generation, network availability, to make sure there is meter available to customers. “So looking at these, NERC therefore said look, we would have to take advantage of this opportunity given to us as a regulator to make sure we have a third party investor to provide meters, which is called Meter Asset Providers. That allows customers now to have access to meters.� Momoh, explained that the review was done to make sure all macroeconomic indicators were put in place in terms of exchange rate, to make sure there
Equity Group Eyes DRC Bank
was enough gas, saying, “with all these put together, we now have to ask the question: do we now have meters available to customers? Do we have quality power supply?� He added: “What we have sent out was an order that says what we must do to get the business right, that if the Discos recognise that they have to provide quality power, they have to make sure customers are metered, we also have to make sure all the indicators are right, then we can say we have done the review that was lacking before. “Mind you, the review was not done since 2015. There were a lot of reasons why it wasn’t done. “The review was done to alert the Discos of their key responsibilities and the responsibility of customers and the expectation of customers, so that when they do the Performance ImproveContinued on page 24
UKStepsUpSupportforImprovedElectricityinNigeria,Others Chineme Okafor in Abuja The United Kingdom has set up another funding window to improve electricity access to Nigerians and 14 other African countries, especially vulnerable rural communities and marginalised groups, using clean off-grid solar electricity. Expected to last for the next four years and funded by the UK Department for International Development (DFID), the programme - Africa Clean Energy Technical Assistance Facility (ACE-TAF) was recently launched in Nigeria to catalyse the country’s solar market and enhance access to stand-alone solar among these vulnerable groups. According to a statement from
ENERGY the ACE-TAF, the programme launch brought together 45 stakeholders from across the energy sector in Nigeria the country. It stated that in attendance were government representatives from the federal ministries of power, finance, women, youth, and environment, as well as representatives from the Energy Commission of Nigeria (ECN) as well as the Central Bank of Nigeria (CBN). According to the statement, there were also representatives from the off-grid renewable energy industry including donor and development partners, industry associations, investors
and financiers, market accelerators and support organisations, and solar companies, adding that the launch came at a time when the Nigerian government embraced off-grid solutions as part of the country’s energy mix to provide reliable energy access for millions of Nigerians. The statement noted that the ACETAF was designed to follow up on the UK government’s commitments in the DFID Energy Africa Compacts. It added that the programme would catalyse a market-based approach for private sector delivery of high-quality stand-alone solar systems in the beneficiary countries, as well as complement government, private sector and donor initiatives to overcome the barriers preventing the
Pan-African Energy Conference, Oil and Gas Masters’ Ball, Africa (OGMBA) is set to host industry stakeholders at the maiden edition of the Oil and Gas Grand Ball. The event holds in Lagos on Sunday, November 24, 2019.The Grand Ball aims to unite magnates in the energy industry in a one-of-a-kind evening of ďŹ ne dining, serenading music and high-level networking. The event would identify and honour distinguished players in the energy sector, expand Nigeria’s investment terrain, thus, optimising the nation’s economy for growth and business tourism. According to the Founder and Chief Executive OďŹƒcer, Mr. Oba Osoba, the energy conference aims to enhance business tourism in Nigeria and elevate the economy. “This is an opportunity for industry stakeholders, government and the society at large to let their hair down and celebrate signiďŹ cant achievements in a relaxed and absolutely fun-ďŹ lled, high networking environment whilst continuing to give back to the society,â€? he added. According to him, for discerning African businesses or industry leader, the conference would be a place to be. He said the event would constitute a fulcrum of business tourism and investment possibilities as it would attract a gathering of oil magnates from around Africa as well as potential investors. “Scheduled strategically to serve as a prequel to the Abu Dhabi Formula 1 Grand Prix, the Grand Ball will adopt an Arabian theme where over 700 dignitaries across Africa will be treated to an experience of Arabian aesthetics, electrifying ambience, decor and entertainment. “In the usual tradition of theming a ball, the dress code and decor would be decidedly ‘Coming To Abu Dhabi’ – a play on the much loved movie ‘Coming To America,â€? Osoba explained.
development of off-grid solar markets. This, it said would lead to improved access to modern energy services for vulnerable rural communities and marginalised groups in 14 countries across Sub-Saharan Africa. “In Nigeria, ACE-TAF aims to complement government, private sector and donor initiatives to overcome many of the barriers preventing the development of markets for high-quality stand-alone solar (SAS) systems. “The programme will support the Nigerian government’s rural electrification strategy, facilitate the attainment of its renewable energy targets and support policy and regulatory Continued on page 24
Kenyan lender Equity Group said on Monday it has entered talks with some shareholders of BanquÊ Commerciale du Congo (BCDC) shareholderstobuyacontrollingstakeintheCongolesebank,stepping up its Africa expansion. Equity, which already runs another subsidiary in the DRC, said the talks were likely to result in a cash transaction. It did not identify the BCDC shareholders who are selling. The Kenyan shilling was stable against the dollar on Monday supported by inows from diaspora remittances and portfolio investors buying government debt amid receding dollar demand from oil importers, traders said. At 0836 GMT, commercial banks quoted the shilling at 103.75/95 per dollar, compared with 103.85/104.05 at Friday’s close.
Somalian Economy Seen to Grow
Somalia’s economy is expected to grow by 2.9 per cent this year, from the 2.8 per cent recorded last year, before growth quickens to 3.2-3.5 per cent in the medium term, the World Bank said on Monday. The Horn of Africa country has been in turmoil since 1991, when clan warlords overthrew President Siad Barre and then turned on each other. Over the past decade it has been hit by famine and sporadic terror attacks by al Qaeda-linked militant group al Shabaab. The higher growth forecast for the next three-to-five years would depend on the country being able to sustain its current economic reform momentum, the World Bank said in a statement. Tax collection by the government increased by 29 per cent last year, as the economy recovered from a drought the previous year and the government changes its tax policies, Reuters quoted the World Bank to have stated. “While this progress is encouraging, the available fiscal space remains insufficient to meet expenditure needs (for) education and health sectors,� the bank said. It asked the government to form a fund dedicated to education to allow authorities in Mogadishu to mobilise more cash from regional states and other partners to support learning. In May, the International Monetary Fund said Somalia’s economy was on the right track but warned that it was still vulnerable to fragile security, climate change and poverty.
“I am very optimistic that the ongoing Group-wide transformation programme, will in the quarters ahead, enable the bank deliver substantial operational efficiencies and best-in-class customer service, which will ultimately boost earnings�
GMD/CEO, UBA,
Mr. Kennedy Uzoka
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BUSINESSWORLD NERC BOSS OPTIMISTIC ABOUT STABLE POWER SUPPLY
ment that we asked them to do in terms of making sure the network is strong, making sure all the different equipment are working, and also making sure that the losses are reduced, they will get it right. “Then, the reaction that will follow is that with engaging the customers at the end of the day, may be by next year, we will be able to now agree on what should be the appropriate cost.� He also stressed that alternate energy was a must in Nigeria, adding that NERC was supporting every effort and initiative in making sure that renewable energy was achieved by 2030, during which almost 30 per cent of the country’s power supply would be from renewable energy. UK STEPS UP SUPPORT FOR IMPROVED ELECTRICITY IN NIGERIA, OTHERS
reform leading to increased energy access, especially for marginalised and vulnerable persons and other initiatives to catalyse private markets in clean energy solutions in the country,� the statement explained. The statement quoted the Team Leader of ACE-TAF, Pauline Githugu, to have said in her remarks at the launch, that the implementation of the programme will be comprehensive. “Electrification is a right for all. The private sector will work with government in giveand-take to ensure this. We will be working closely with all of you,� Githugu, said. Similarly, the Assistant Chief Electrical Engineer at the ministry of power, Mr. Temitope Dina, stated that the ministry looked forward to leveraging the country’s burgeoning solar market to drive up energy access in Nigeria. Dina, said: “The ministry looks forward to partnering with ACE-TAF to enhance the stand-alone solar market and solve the basic energy needs of rural and vulnerable people as it will help in achieving the UN’s Sustainable Development Goal 7 of ensuring access to affordable, reliable, sustainable and modern energy access for all.�
NEWS
TCN: Why We’ll Not Back Down on Fibre Optic Lawsuit Chineme Okafor in Abuja The Transmission Company of Nigeria (TCN) has disclosed that it will not back down on a lawsuit instituted against it by two private telecommunication firms which allegedly failed in the contract for the use of its fibre optic telecommunication infrastructure. Its Managing Director, Mr. Usman Mohammed, stressed that the transmission company was ready to go all the way to the Supreme Court to ensure it got justice on the lawsuit, saying that the company and by extension Nigeria, was repeatedly swindled by the telecommunication firms after they were granted rights to use the fibre optic infrastructure but failed in their financial obligations in the concession agreement. The TCN had been at loggerheads with the two firms who reportedly failed for years to live by the terms of the agreement they signed with it for the concession of its fibre optic telecommunication infrastructure. Recently, the company, however shot out the firms from its infrastructure and a lawsuit in this regard was instituted by the firms. But speaking to THISDAY, Mohammed, explained that both firms remained shut out of the facilities of the TCN where they previously gained access to the fibre optic infrastructure. He thus stated: “The con-
cession agreement provided that they are going to invest in the network and make it available for us to use for our operation. “And for us to have a stable grid in Nigeria, we have to have a functional SCADA. Now for us to have functional SCADA we have to have communication backbone which this people have not lived up to their expectation in investing in
the network which is why we cancelled the agreement and we are investing in the network now.� According to Mohammed: “They have gone to the court and we are there with them. We will go up to the Supreme Court and don’t see any reason why we will stop. We have a good case and not a bad one, so no need to stop. They have flouted the agreement.�
Lamenting the level of alleged fraud the companies committed against the TCN, Mohammed, said: “Clearly, this country needs private sector investment, but we don’t need people who would come and take government assets and make money out of it without making any tangible returns to the government, they leave us poorer than what we are.� According to him: “The
Power Grid of India is behind the IT revolution of that country and so we are supposed to use broadband to build the capacity of our people instead of giving to private people that do not want to pay. “When we cancelled the contract, we kicked them out of it, and if we didn’t kick them out, and just cancelled by mouth, they won’t go to the court.�
TELECOMSWORLD 2019
L-R: Commissioner, Nigerian Communications Commission (NCC), Mr. Clem Baiye; ExecutiveVice Chairman/CEO, Prof. Umar Garba Danbatta; Nigerian Ambassador to Hungary, Ms. Eniola Olaitan Ajay; Minister of Communications, Dr. Isa Ibrahim Pantami; Chairman, NCC Board, Senator Olabiyi Durojaiye; former board Chairman, Alhaji Ahmed Joda and Director General, National InformationTechnology Development Agency (NITDA), Mr. Kashifu Inuwa Abdullahi, at the opening ceremony of ITUTelecomsWorld 2019 in Budapest, Hungary...yesterday
Aero to Commence Operations to Benin Airport Aero Contractors is set to commence flight operations on the Benin airport. According to a statement from the Edo state government, the airline was finalising consultations on the plan, which would see it commence business at the Benin Airport from the middle of September. It noted that the Benin route has become a juicy route for airlines as more investors take position in the
emerging business-friendly Edo economy, following huge reforms across several sectors of the state. It quoted an an aviation expert in Benin Mr Leonard Adagbon, to have said: “The number of passengers flying in and out of Benin is growing at a rate we never anticipated. “The growing passenger traffic is also impacting on our hotels. More business people come to the state
every week now for one thing or the other. “You will be shocked to know that all the aircraft come into this town fully booked, so I understand why Aero Contractors wants to get their share of the cake.� Adagbon, further said the recent night-landing facilities installed at the Benin Airport by the federal and Edo State governments, was yet another impetus for airlines. “Under the Governor
Godwin Obaseki-led administration, Edo State is a huge construction site. Contractors, regulators and suppliers working on roads, electricity projects, remodelling of schools, stadium and others that are prospecting for businesses come into the state every now and then,� he said. He added: “The Obasekiled government, as you know, is undertaking many big-ticket investments such
as the Benin River Port, the Benin Industrial and Enterprise Park projects, the Ossiomo power project amongst others. “These projects have several partners and stakeholders who fly into the state from time to time.� Aero Contractors’ plan to commence business in Benin Airport will increase the number of airlines on the route and increase flight options for travellers.
Nigeria Adopts American Standards for Oil Industry Operations Peter Uzoho
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)
Owing to the growing industry demands and the need to keep up with international best practices in the oil and gas sector in Nigeria, the Standards Organisation of Nigeria (SON) has adopted 10 America Petroleum Institute (API) Standards for the nation. This was disclosed by the Director General/Chief Executive Officer of SON, Mr. Osita Aboloma, during a joint Technical Committee meeting on Oil and Gas/ Petroleum and Petrochemicals held in Lagos recently. Aboloma, who was represented at the meeting by the Director, Standards Development, SON, Mrs. Chinyere
Egwuonwu, revealed that all the standards were critically relevant to operations in the oil and gas industry, hence the need to adopt them in collaboration with the stakeholders as Nigerian Industrial Standards (NIS). According to him, adopting international standards as national standard was not a new development, especially where the standards are elaborated by global leaders such as API who since 1919 have established a clout for convening subject matter experts in establishing, maintaining and distributing consensus standards for the oil and gas industry. He further indicated that, “the API standards being
adopted today are recognised not only for their technical specifications but also for their third party accreditation which facilitates acceptance by international bodies and has been a cornerstone in developing standards for the worldwide oil and natural gas industry.� However, Aboloma cautioned that, “in adopting international standards, we must ensure that the standards are not in conflict with our statutory regulatory requirements and special consideration should be on or environmental factors, economic considerations, security of products, national interest and most of all global best practices.� He added that the nation’s
oil industry does not exist in isolation and that the standards adopted would ensure the availability of the NIS, enhancing market competitiveness, prevention of dumping of goods, promoting export and a reliable basis for technological transfer and industrial development. The API Standards adopted and rechristened NIS include: API RP 50 2013 Natural Gas Processing Plant Practices for Protection of the Environment; API RP 520; 2014 Sizing, selection and Installation of Pressure-relieving devices in Refineries Part 1 Sizing and selection; and API RP 520 2: 2015, Sizing, Selection and Installation of Pressure;
Relieving Devices in Refineries Part II Installation. Others are: API 553: 2012 Refinery Valves and Accessories for Control and Safety Instrumented Systems; API 554: 2007 Process Instrumentation and Control; API 12L: 2008 Specification for Vertical and Horizontal Emulsion Treaters; API 2000:2014 Venting Atmospheric and Low –Pressure Storage Tanks; API 12F:2008 Specifications for ShopWelded Tanks for Storage of Production Liquids; API 12D: 2008 Specification for Field Welded Tanks for Storage of Production Liquids; and API STD 610: 2011 Centrifugal Pumps for Petroleum Petrochemical and Natural Gas Industries.
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ENERGY
Leveraging NDPHC’s Distribution Amenities Chineme Okafor writes that the 11 electricity distribution companies in Nigeria’s power sector can make the most of idle distribution amenities built by the Niger Delta Power Holding Company Limited to serve their customers efficiently A recent project execution report of the Niger Delta Power Holding Company Ltd (NDPHC) had stated that power distribution companies (Discos) are failing to engage distribution amenities built in their networks to improve supply to their customers. From the latest report of the NDPHC, the distribution efficiencies of the 11 Discos ought to have grown from the distribution amenities built by the NDPHC as intervention projects. According to the report, an initial 296 distribution projects the NDPHC built had been handed over to the Discos, in addition to another 104 described by the NDPHC to boost their service delivery to Nigerians. But the Discos have not really taken over them and have equally not fared better in their distribution of electricity to Nigerians. According to another report obtained from the System Operations Department of the Transmission Company of Nigeria (TCN), the distribution capacities of the Discos have continued to decline. And this according to experts is unhealthy for the power sector. The Managing Director of the NDPHC, Mr. Chiedu Ugbo, had informed THISDAY, that the power Discos were reluctant to take over the various distribution facilities built by his company to support their operations. The recent report however suggested that this may not have changed. The NDPHC project implementation report thus stated that about 296 distribution projects with a capacity of 3897.5 megavolt amp (MVA) had been completed for the Discos. The 296 projects from industry-based computation should be able to reinforce the Discos’ networks by about 3118 megawatts (MW), hence suggesting that the Discos should have more than the meagre capacity they currently declare. Reportedly built and commissioned for the Discos to take over and engage in the supply of electricity to their customers, the 296 distribution infrastructure from the NDPHC project report obtained by THISDAY include 33/11 kilovolt (kV) injection substations with 1,924 kilometres (km) of 33kV and 4,600km of 11kV lines, as well as 25,006 completely self-protected (CPS) transformers. From this number, up to 3,897.5MVA of injection substation capacity and 1,291MVA of distribution transformer capacity were added to the stock of the Discos. Additionally, from another 104 intervention projects in the Discos’ networks, the NDPHC indicated that a total of 719km of 33kV lines and 160km of 11kV lines were added to their networks which were also reinforced by 250 CPS transformers, 185MVA injection substations and 125MVA distribution transformer capacity. However, while this was expected to raise the Discos’ distribution efficiencies and the level of electricity in the country, they have not actually resulted to the desired impact for several reasons. Distribution capacity decline The TCN’s SO department recently declared that the level of electricity distribution by the 11 Discos has significantly dropped to 2962.82MW or 46.73 per cent of their certified distribution capacity. The SO in the report on unutilised electricity capacity noted that the capacity of the 11 Discos were 6235.66MW. It did not state if it included the addition from the NDPHC, but showed that it dropped to 2962.82MW. Clearly explaining the situation, it noted that while the Discos usually nominate to take an average of 3700.58MW from the national grid, they eventually took about 2962.82MW, indicating a shortage of distribution capacity. It further stated that the volume taken by the Discos were often below the daily supply volume approved in the Multi Year Tariff Order (MYTO) by the Nigerian Electricity Regulatory Commission (NERC) which is 4654.15MW.
According to the report, for instance, on August 27, the Abuja Disco had the capacity to distribute 804.30MW but nominated to take 399MW from the grid. It however ended up taking 382.18MW. Benin Disco which has a capacity of 530.98MW only took 216.97MW from the grid on that day while Eko with a distribution capacity of 745.30MW took 429.92MW. For Enugu which has a confirmed distribution capacity of 637.18 eventually took 252.20MW on that day; Ibadan with 758.75MW took 421.99MW; Ikeja has 773.60MW distribution capacity but took 326.83MW; Jos with 355MW took 134.32MW for distribution to its customers; Kaduna which has the capacity to distribute 468.10MW only took 171.24MW to its customers; Kano with 424MW equally took only 141.51MW on that day. The two other Discos in the market – Port Harcourt and Yola have capacity to respectively distribute 505.30MW and 233.15MW, but on August 27, took only 188.18MW and 113.17MW respectively to their customers. Likely reasons for the decline However, the NDPHC in its project report, provided possible reasons for such decline in distribution capacity. It stated that part of the challenges of the distribution networks were theft and vandalism of installed distribution facilities, particularly those it handed over to the Discos. The NDPHC equally noted that the Discos have remained difficult to deal with, “despite the fact that we are handing over these projects to them on completion which will enhance their capacities to supply electricity
We have several substations like this and Discos have not taken them for so many reasons, especially when it has to do with difďŹ culty to operationalise the stations, particularly when they are in remote areas and villages
to Nigerians.� It stated that for instance, the intervention projects it did in the distribution networks were necessitated by the low coverage or penetration of the initial 296 distribution projects it handled for the networks, as well as requests from stakeholders potentially on account of the Discos’ inability to extend distribution amenities to them. Indicating that the Discos should not have limited challenges with taking electricity to its consumers across the country, the NDPHC noted that it built six high-end distribution facilities in 2015; 10 in 2016; 24 in 2017; 19 in 2018 and another six in 2019, with seven more yet to be completed in the year. These projects it added existed in Delta; Borno, Kogi, Lagos, Cross River, Katsina, Ondo, Sokoto, Abuja, Niger, Osun, Zamfara, and Bauchi states. Anambra, Imo, Oyo, Nasarawa, Plateau, Ogun, Kaduna, Abia, Yobe, Edo, Kebbi, Gombe, and Jigawa amongst other states were beneficiaries of the distribution projects which has a total of 25,900 CPS transformers installed across board. Ugbo, had also revealed that on the average, each of the distribution substations completed by the NDPHC could take about 15MW of electricity for distribution to consumers. Lamenting the failure of the Discos to take over the distribution infrastructure, he had said: “We have several substations like this and Discos have not taken them for so many reasons, especially when it has to do with difficulty to operationalise the stations, particularly when they are in remote areas and villages. They believe it does not make economic sense to take over stations in such areas. “We deliberated on this in the power sector meeting. The minister and the regulator, we are working to see how this challenge will be resolved. We have quite a number of these substations and I can’t tell you the actual figure now,� he had added. Transmission upgrade Beyond the distribution end of the sector, the transmission network has also received some intervention from the NDPHC. The report stated that up to 2,194km of 330KV transmission lines and 887km of 132kV transmission lines have been completed with 10 new 330/132kV transmission substations as well as eight 132/33kV substations completed
to add 5,590MVA and 3,493MVA capacities at 330kV and 132kV levels to the national grid. Speaking recently at a project commissioning exercise in Abeokuta, Ogun state, Ugbo stated that: “NDPHC’s contribution to the transmission grid system has transformed the hitherto radial 330kV/132kV grid into a more robust grid system.� He noted that this is, “with significant provision of alternative power flow routes which now serve as redundancies and which has resulted in a more reliable and stable Nigeria grid.� According to him, the commissioning of the about 220km long 330kV Double Circuit (DC) lines providing alternative supply route into Abuja from Geregu, through a new Lokoja substation in Kogi state, as well as Gwagwalada substation into the existing substations owned by the TCN in Katampe and Apo parts of Bauja was significant. Similarly, in other parts of the country, he noted that: “A 12-circuit switching station was built at Ikot Ekpene for marshalling power evacuated from Calabar, Afam, Alaoji and Ikot Abasi based power plants. “From this hub, over 800km long DC lines emanate as a power backbone to flow power to Jos and the northeast through Ugwuaji and Makurdi in Enugu and Benue states.� According to Ugbo, the 2,686km of 330KV and 752.6km of 132KV transmission lines represented an increase of 40 and 14 per cents respectively in the transmission grid. He said 17 new 330KV sub-stations and 14 new 132/33KV sub-stations were added to the grid, stating further that: “Several other existing substations significantly expanded thereby adding 4,300MVA and 2,070MVA of transformer capacity at 330kV and 132kV levels respectively to the national grid.� About 30 transmission projects that inherited from the last management of the NDPHC, he explained, were completed to complement the 70 distribution projects that have been completed. “In addition to the projects we are commissioning here today, we shall in the next few months be commissioning Awka 2X60MVA 132/33kV substation in Anambra State, Adiabo 2X60MVA 132/33KV sub-station in Cross River State. “We shall also in the same period be commissioning major distribution injection substations at Misau and Darazu in Bauchi State, Kumo in Gombe State and Agaye in Niger State,� Ugbo added.
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Boost for Tourism, Entrepreneurship in Lagos
L-R: Valastro; Commissioner for Tourism, Arts and Culture, Lagos State, Mrs. Shuli Adebolu, and Okonkwo, at the event held in Lagos...recently
Oluchi Chibuzor As part of the 100 days in office celebration of Lagos State, Mr. Babajide Sanwo-Olu, the state last week sponsored the ‘Dewdrops Uncut Learning 2,’ a seminar for bakers. The event, which was in line with the government’s economic agenda tagged ‘THEME’ was aimed at promoting tourism and entrepreneurship in the state. The THEME under the Sanwo-Olu-led administration stands for Traffic management and Transportation; Health and Environment; Education and Technology; Making Lagos a 21st Century Economy, and Entertainment and Tourism. Sanwo-Olu, had promised to give priority to the private sector as a critical stakeholder in the economic development of Lagos, assuring that he would create a conducive business environment to attract investments and industries, support the growth of the local economy, and empower the workforce using local talent to drive job and wealth creation. The Lagos state government who also said he would encourage youth development and provide support for key economic sectors like agriculture, housing and security, has continued to take steps towards actualising his pledge. Sanw-Olu had said: “We understand that the engine of growth for any government is the private sector. We know that the critical people that we need to enable, empower and give them as much reference as they require is the private sector. The private sector control over 80 per cent of the GDP of the State.� Opportunities in Cake Industry Often seen as a gender-based profession, the cake industry was the centre of discussion at the uncut learning 2 Seminar and Cake fair. Cake is a form of sweet food made from flour, sugar, and other ingredients, and that is usually baked. But cake now covers a wide range of preparations that can be simple or elaborate, and that share features with other desserts such as pastries, meringues, custards, and pies and comes in different shapes, sizes that capture one’s imagination and emotional attachment to
a particular object, buildings, structures, etc. The most commonly used cake ingredients include flour, sugar, eggs, butter or oil or margarine, a liquid, and leavening agents, such as baking soda or baking powder. Additional ingredients and flavouring include dried, candied, or fresh fruit, nuts, cocoa, and extracts such as vanilla, with numerous substitutions for the primary ingredients, as may be demanded by clients. Cakes can also be filled with fruit preserves, nuts or dessert sauces (like pastry cream), iced with butter cream or other icings, and decorated with marzipan, piped borders, or candied fruit. Notably, Cake is often served as a celebratory dish on ceremonial occasions, such as weddings, anniversaries, and birthdays and recently in Nigeria as part of traditional wedding ceremonies to reflect the huge cultural heritage background of the intending couple. Uncut Learning 2 the second edition in a row now met the expectation of over 3,000 attendees that gathered to learn from the best the country could offer at the event. It also placed Nigeria on the map of the world in the bakery industry, considering the profile of experts that attended the event. This year’s event was special and a game changer. It was regarded as the best thing to have ever happen to the sub-sector which is believed to be an untapped goldmine in the country. Precisely, it featured cake entrepreneurs and enthusiasts from Tanzania, Vietnam, Canada, Brazil and the United States of America. The theme: “A Fun Fantastic Bakers Seminar,� was chosen because of the presence of the world renowned cake expert, Buddy Valastro, popularly known as the Cake Boss, a fourth generation baker that is globally recognised. Speaking at the conference, the host and Managing Director/ CEO, Dewdrops Cakes Limited, Mrs. Ezinne Okonkwo, said her cake journey so far has not been without challenges, after undergoing the first training in 2006 in Port Harcourt. With her training in 2010 having obtained PME Diploma certificate at the Mix and Bake school on behalf of PME United Kingdom (UK) “I have done courses with Lauren Kitchen,
Alan Dunn, Ron Ben Israel, Rossana Schrappe and a lot of private courses with some sugar gurus. “The quest for knowledge has led me to attend some demo classes with different instructors, which made us to include over 20 demo classes that worth over million of naira to help us encourage upcoming bakers in the country,� she said. Commenting on the conference, a coach at the session and the CEO, Bakers Option, Ndirika Udoyeh, said with this event, “the industry has been pushed forward into the future, sales has been tremendous and for me having the opportunity to teach at the conference was memorable one I will not forget,� she said. On her part, the MD, Leymax Food Products, Tahiya Amour –Aljabry, who flew in from Tanzania, said the opportunity to network and learn new things was worth the amount spent to attend the programme. “Each of the coaches have touched different areas to give me skills to leverage on. And I hope this can happen in my country,� she stated. Another participant, Soyombo Hanna, said it was fun as she has learnt wood design, edible mask, champagne bottle design, butter icing from Cake Boss, which would help to show to her clients. One of the major highlight of the conference was that exhibitors were allowed to display their products at a cheap price at an international conference that had participants exposed to all kinds of products at reduces prices. There was a demo session at the event which was handled by international and national coaches, who taught the attendees how to make cake in different shapes. The Cake Boss expressed satisfaction for the opportunity and commended the Lagos State government for sponsoring the initiative. With his coming to Nigeria announced on his twitter page, fans could not bear the nostalgic feeling on him mounting the stage to do what they have been watching on Television. Described as mentor of mentees in the cake industry, Valastro sees himself as been fortunate to have learnt the craft from his father, who was a baker as well, at a tender
age. But he had the opportunity to grow the business after his father ’s death. He said, “I am proud to be a baker. This is what gives me happiness and has brought me to Nigeria,� adding that, “now is the best time to invest in the business considering the amount of potential in the country.� “I have been travelling to other countries. I must confess the kind of decoration I have seen here is better than what we have in America. And I also believe in hardworking, respect for elders and employees and good customer relationship as key to the growth of the brand you see and watch,� he added. He stated that it has not been easy to produces over 300 episodes that has been aired in about 210 countries, 45 languages and seen by over one billion people around the world. For the New York Times best-selling author, mixing egg, sugar, butter means a lot more than making cake. “As a fourth generation baker, it is a constant source of pleasure, pride and creativity,� he said. He further explained that creating amazing cake connects him to the memory of his father, which he said had made him have over 200 publications in his ten-year career. However, his talent and passion for the family business, Carlo’s Bakery, has earned the straight-talking cake expert the moniker, and the Cake Boss. Clearly, with the THEME designed to drive economic resurgence and create jobs, SanwoOlu has taken steps to stimulate economic growth and drive development. This, for instance, saw the launch of the ‘LSETF W-INITIATIVE,’ an initiative designed to provide funding for women entrepreneurs in Lagos to achieve their growth objectives and create jobs for young people. Beyond providing finance, it will drive financial inclusion among women and provide support to businesses to stimulate growth and consequently create employment. In Lagos State, the government’s strategy is to optimise and sustainably grow the local economy, projected to be the fifth-largest economy in Africa, by creating access to funds for women entrepreneurs. Other initiatives which will further boost economic growth will be unveiled in the near future in line with the T.H.E.M.E.S agenda.
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Supreme Audit: Cornerstone of Public Accountability Bicci Alli Governance as defined by the United Nations Development Programme (UNDP) is the “exercise of economic, political and administrative authority to manage a country’s affairs at all levels. It comprises the mechanisms, processes and institutions through which citizens and groups articulate their interests, exercise their legal rights, meet their obligations and mediate their differences‌Governance encompasses the state, but transcends the state by including the private sector and civil society organizations.â€? (UNDP, 1997). One of the core foundations for good governance is accountability—the obligation to render an account for a responsibility conferred. In government, accountability is a process that subjects a form of control over Departments and Agencies, causing them to give a general accounting for their actions, an essential concept in Democratic Public Administration. Four important criteria are regarded as basic to accountability. These are 1) Fiscal or financial accountability which is concerned with adherence to applicable laws, rules and regulations, consistency with appropriate principles, concepts and conventions; accuracy and fairness of reports and legitimacy of expenditure. 2) Managerial Accountability deals with the generation of essential information for decision-making and the need for economy, efficiency and effectiveness of operations. (Omopariola, 1991).3.) Programme Accountability; is primarily concerned with the overall evaluation of programme impact and the extent to which intended goals and aspirations are attained.4) Individual accountability relates to personal qualities and conduct demonstrated by accountable officers. It involves such attributes as commitment, honesty, trust, probity and integrity. Role of Supreme Audit in Public Finance Accountability Supreme Audit Institutions (SAIs)are national agencies responsible for auditing Government revenue and spending. Their legal mandates, reporting relationships, and effectiveness vary, reflecting different Governance systems and Government policies. But their primary purpose is to oversee the management of public funds and the quality and credibility of governments’ reported financial data. The Lima Declaration issued by the International Organisation of Supreme Audit Institutions (INTOSAI) in 1977 states that through their auditing work, SAIs should pursue the following four objectives: 1. Communication of information to public authorities and the general public through the publication of objective reports 2. Development of sound financial management 3. Proper execution of administrative activities 4. Proper and effective use of public funds. Government auditing as provided by the Auditor General’s office is a corner stone of good public sector governance. By providing unbiased objective assessments of whether public resources are responsibly and effectively managed to achieve intended results, the Auditor –General’s audit helps Government organizations achieve accountability and integrity, improve operation, and instil confidence among citizen and stakeholder. (Oshsami1997). The Auditor-Generals role combines oversight, insight and foresight. The oversight role of Government audit by the Auditor General ensures that government entities are doing what they are supposed to do and deter public corruption. Auditor-General insight role assist decisionmaker and enhance good public governance by providing an independent assessment of government programmes, policies, operation and result. The Auditor-General functionaries promotes accountability and transparency and good public governance using such tools as financial audits, performance audits as well as investigation and advisory services. Government auditors under the Auditor General play such roles as the recognition and reporting of corruption, abuse of authority, failure to provide equity or due process in the exercise of government policies. Audit Report is an effective instrument for legislative oversight over the executive’s dealings with public finance. Both the Public Accounts
Auditor-General of the Federation, Anthony Ayine Committee (PAC) and the Auditor General form the bedrock of public accountability, serving as external control devices on the executive arm of government. The Auditor-General audit helps government organizations achieve accountability and integrity, improve operation, and instil confidence among citizen and stakeholder. Who performs Supreme Audit in Nigeria? Auditor General is empowered by Section 85 (4-6) of the Constitution the Federal Republic of Nigeria, 1999 to “conduct checks of all government statutory corporations, commissions, authorities, agencies, including all persons and bodies established by an Act of the National Assembly�. The Financial Regulations of the Federal Republic of Nigeria (1976) states that the Auditor-General has the following powers: i. Unhindered access to books and records of all Ministries and Extra-Ministerial Departments at reasonable times. ii. Power to request for information and explanation necessary for duties. iii. Power to carry out special investigation in any Ministry and Extra-Ministerial Departments. iv. Power to carry out Ad-hoc investigation in any Ministry or Extra-Ministerial Department.
Auditor-General insight role assist decisionmaker and enhance good public governance by providing an independent assessment of government programmes, policies, operation and result. The Auditor-General functionaries promotes accountability and transparency and good public governance using such tools as ďŹ nancial audits, performance audits as well as investigation and advisory services
Perhaps, Government’s most distinct control Institution over the public funds is the office of the Auditor-General for the Federation. From the foregoing, the Auditor-General for the Federation (AGF) is the officer recognized by the constitution of the Federal Republic of Nigeria to perform Supreme Audit in Nigeria. The Auditor General at Federal, State and Local government levels provide external auditing services to all non-commercial (strictly public and services) Department and Ministries of Government. While each of the Ministries and Department has their internal audit functionaries, the Auditor General’s office provides external supervisory audit function to them. On the other hand, Government Commercial Department/Parastatals have independent non-governmental public accounting firms as their external auditors. These external auditors’ employment is however partially processed (recommended) by the office of the Auditor General of Federal level for the federal government parastatals and at state government level for state government parastatals. The office of the Auditor General of the Federation is created by law as a check on the general performance of government and is given free hand to examine in such a manner he may deem fit, all accounts relating to public funds and properties and shall ascertain and report as to whether: i. Accounts have been properly kept, ii. All public monies collected have been fully accounted for iii. Government monies have been expended for the purpose for which they were appropriated? iv. The necessary rules and regulations are being complied with in the disbursement of public funds v. Essential record is maintained and procedures applied are sufficient enough to safeguard and control public property and funds.vi. The Financial Statements prepared by the Accountant-General of the Federation show a true and fair view of the state of affairs of the Nation. Evaluation of Nigeria Supreme Audit Process Corruption could be defined as abuse of entrusted power for private gains. The country suffers politically, Economically, Social fibre is eroded and experience serious environmental degradation as regulatory agencies fail to enforce environmental regulations. Transparency International’s Corruption Perception Index 2018, The index ranks 180 Countries and Territories by their perceived levels of public sector corruption according to experts and business people. It uses a scale of 0 to 100, where 0 is highly corrupt and 100 is very clean. Nigeria is ranked 144 out
of 180 economics profiled and scored 27 far below the average of 43. From the above report, Supreme Audit Institutions in Nigeria have not been performing their functions as enshrined in the Constitution. While Nigeria has made serious stride in combating corruption going by the achievements of EFFC, ICPC, etc these are after the misdemeanour must have been committed. Some of the crimes might go undetected. Even where detected, major part of the public assets stolen might not be recovered. In other word the efforts are post mortem rather than ante mortem. SAIs stand in polar position to prevent and deter looting and mismanagement of public. In Nigeria, The SAIs simply lack the capacity to fulfil their functions. They are underfunded, understaffed, under skilled, and constrained by very narrow mandates. Developments in information technology and new approaches to public financial management have generated new technical challenges for SAIs. In order to perform their basic financial audit functions, the technology skills of auditors need to be strengthened so that they can effectively monitor electronic transactions, The political challenges facing Supreme Audit Institutions in Nigeria are twofold: they need to protect their independence and to impose their recommendations on the executive. Many SAIs are exposed to undue political influence. Closely related to the political challenges is the challenge of improving communication between SAIs and legislatures, Civil Society Organisations, the media, and the public. Conclusion Through audit activities and extension of SAI’s functions, financial accountability, good governance, proper management of public funds could be enforced and at the same time the confidence towards budgetary organizations can be maintained or restored. For SAI’s successful operation, and to generate added value of its reports there are several factors that must be in place: adequate funding, provision of needed facilities, compatible staffing structure and other professional capacities, the adoption of international standards (e.g. ISSAI standards), supportive environment, cooperation and knowledge sharing with other SAIs and specialized organizations. Legislatures, Civil Society Organisations, the media, and the public must also be alive to their statutory and civil responsibilities in demanding for and acting on the Audit reports as issued by SAIs. Alli, was at different times, the Executive Chairman of Oyo and Osun State Boards of Internal Revenue
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T H I S D AY ˾ TUESDAY SEPTEMBER 10, 2019
PROPERTY & ENVIRONMENT Increase in Rate of Building Collapse Embarrassing, Shame to Professionals in Industry, Says ARCON Bennett Oghifo
T
he President of Architects Registration Council of Nigeria (ARCON), Dipo Ajayi has said that the recent increase in the rate of building collapse in Nigeria has been a source of embarrassment and shame to the professionals in the building industry. Ajayi stated this in his presentation, ‘Building Collapse: What the Professionals in The Building Industry Should Know’, at ArchiBuilt 2019, a forum of the Nigerian Institute of Architects (NIA), held in Abuja, recently. He read available research statistics of unfortunate incidences of building collapse, saying about 139 buildings have collapsed between 1974 and 2012. Over 798 lives have been lost during the period. “Out of these, 74 (53.24%) of the reported cases of building collapse have occurred in Lagos, the commercial nerve centre of Nigeria; about 11 (7.91%) in Abuja, 10 (7.19%) in Oyo State, eight (5.76%) in Ondo State, six (4.32%) in Ogun State, and five (3.69%) in Kano State. Others are Kaduna, Rivers, Kwara, Anambra, Osun, Edo, Enugu,
Bornu, Benue and Imo States, which have had reported cases of building collapse less than 2.88/7%.” Building collapse, he said “is caused by man-made factors which are caused by lapses in the design construction and post construction stage. The existing building laws should be examined and enforced by the relevant professionals and agencies and the standard code of practice of each profession should be applied by each professional in the building industry.” The increase in the rate of building collapse despite the advancement of technology, Ajayi said “calls for a review of the building design process, construction process till the post construction process.” He said there are three types of building collapse: Participant Collapse, which was when part of building is affected and small fractions of building fails; progressive collapse: when there will be signs of weakness noticeable either by seeing cracks which become widened with time; and Total or Sudden Collapse, which occurs in a situation where the building falls down suddenly without giving any
sign. He said report has shown that at the incidence of building collapse, the professionals in the building industry tend to lay the blame on each other, instead of tackling the cause of the collapse. “Everyone should be blamed for the building collapse, from the professionals in the building and approval industry, to the client, to the occupants of that building and down to the government, because we all have roles to play in the successful design, erection and use of a building. “Building collapse has also been observed to cut across the different categories of building and out of the building categories, the private buildings, also known as the residential buildings are the most affected. “This can be proved by an analysis of the reported types of buildings that have collapsed over the period in Nigeria.” Ajayi said “One fundamental principle of building design is that a building should be designed and constructed to meet its owner’s requirements and also satisfy public health, welfare and safety requirement, .such that no part of such build-
L-R: President, Building Collapse Prevention Guild, Arc. George Akinola; Director, ARCHIBUILT, Arc. Mobolaji Adeniyi; President, APBN, Engr. Olumuyiwa Ajibola; Chairperson, Female Architects of Nigeria, Arc. Moradeke Okunrinboye; and Registrar, Architects Registration Council of Nigeria, Arc. Umar Murnai, during ARCHIBUILT 2019, held in Abuja… recently ing should pose a hazard to its occupants. Any building, whether temporary, permanent or monumental structure must be properly planned, designed, constructed and maintained to realise the desired satisfaction, comfort and safety.” To minimise the incidence of building collapse in Nigeria, he recommended that there should be a check for policy makers to make sure that specifications are thoroughly
followed by contractors. The Town Planning Authorities should maintain and have adequate and competent professionals in the building industry and provide necessary training for design approval, in other words, only architects and engineers should be allowed to approve the relevant drawings in the approval department. The architects should approve architectural drawings, the engineers, their own drawings
and so on. A Building Collapse Prevention Unit (BCPU) as a department in all the existing Town Planning Authority in Nigeria should be set up and equipped with the necessary tools and information, to identify houses with weak structures liable to collapse or which have reached a level of collapse and recommend them for demolition, and also make provision for the immediate resettlement of the inhabitants.
‘Nigeria’s Green Economy Can Create $250bn Investment Opportunity for Entrepreneurs’ Bennett Oghifo Nigeria has $250 billion potential in green economy which could play a vital role, as the nation explores ways of tackling its high unemployment rate, participants at a confab on green investments. According to the United Nations Environmental Programme (UNEP) green economy is low carbon, resource efficient and socially inclusive. In a green economy, growth in employment
and income are driven by public and private investment into such economic activities, infrastructure and assets that allow reduced carbon emissions and pollution, enhanced energy and resource efficiency, and prevention of the loss of biodiversity and ecosystem services. Participants at the forum, organised by the Nigeria Climate Innovation Center (NCIC) in Lagos recently, said entrepreneurs can tap into the
enormous opportunities in the green space to create millions of jobs. They said with the direct consequences of climate change on the ecosystem, it was imperative that entrepreneurs leverage the opportunities in the green space to create solutions and wealth. The Chief Executive Officer of All On, Weeber Boer said, “Nigeria has power gaps of about $200 billion, agricultural waste of 40 per cent and 200
Cavalli Group Wins Best Developer in Africa Award Fadekemi Ajakaiye Cavalli Business & Investment Group, the holding company for Deluxe Residences Limited and Global Property Partners (GPP), has won the “Best Developer in Africa” Award at the 2019 Africa Real Estate Conference and Awards (AFRECA) held in Lagos at the Landmark Event Centre last week. The event was themed “Bridging Investment Gaps in Africa’s Real Estate Markets for Sustainable Growth” Cavalli Group clinched the honours from other leading names in the Real Estate sector to win the award, which was presented during the AFRECA event. The Best Developer Award comes shortly after Cavalli Group’s successful launch of its latest project- the iconic $10 Million mixed use development, The Pacific Lagos Towers on Ozumba Mbadiwe Street, Victoria Island. According to the Managing
Director/CEO of Cavalli Group, Mr. Emmanuel Odemayowa, the award attests to the significant strides the Companies under the group have made to help reduce Nigeria’s chronic Housing Deficit through the various quality real estate developments they have undertaken over the years. He said “The Pacific Lagos” represents a practical demonstration of the Group’s commitment to ensuring that Nigerians are availed with luxury real estate that compares favourably with similar developments in the advanced economies, adding that the AFRECA Award would spur the group to greater heights of achievement. The Africa Real Estate Conference and Awards is one of the leading platforms organised by the biggest property website PropertPro.ng (A member of the ToLet Property Group). The conference & awards was designed to proffer solutions in Real Estate and to celebrate excellence among stakeholders by recognizing some of the best
Real Estate projects across Africa. The Award is meant to reward outstanding achievement in Real Estate Construction and Design. The event attracted many dignitaries and over 1500 international and local delegates. Apart from The Pacific Lagos, the Cavalli Group have successfully developed and completed many Real Estate projects in Nigeria, all done according to their very exacting standards. Deluxe Residences, one of the Cavalli Group member companies, has been at the forefront of developing luxury apartments, high-rise residential developments & terraces in Lagos State, with many projects successfully completed and delivered to their various clienteles. Among these Real Estate projects completed by Deluxe Residences are: The Orchard in Oniru & Lekki axis, Grand Orchard in Oniru, Avant Apartments in Ikoyi, The Vogue Apartments in Oniru and Pacific Heights in Oniru.
million people creating waste that is not recycled. Boer said, “This shows that there is a huge investment opportunity in the country’s green economy that entrepreneurs can tap into by creating solutions that are viable and sustainable to these challenges.” He stated that with more solutions being provided to address issues of climate change, the country would be able to create new jobs and scale the opportunities in the green
economy. He noted that it would be difficult for the country to build a green economy if the government continued to subsidise petrol. The Chief Executive Officer of NCIC, Bankole Oloruntoba said the global green economy is a multitrillion dollar economy which the country’s entrepreneurs can harness through innovative solutions to climate change challenges. “If Nigeria is able to develop
conduceive environment for the growth of the green economy, the country could have a massive share from the over $14 trillion global green economy,” Oloruntoba said. He said, “In Nigeria the challenges are enormous and if we can create some form of opportunities to support businesses in that space in terms of capacity, it will create a rival opportunity for the country to build an economy that does not depend on crude oil.”
SON Raids Warehouses, Ceases N500m Worth of Substandard Roofing Sheets in Imo Bennett Oghifo Standards Organisation of Nigeria (SON) has said it ceased galvanized roofing sheets and aluminium coils worth about N500 million in warehouses it raided in Owerri and Okigwe, Imo State. This is in furtherance of the onslaught on the sale and manufacture of substandard roofing sheets in the country, SON said in a statement. Director General SON, Osita Aboloma Esq., represented by the enforcement team leader, Dele Omolawon, said on the spot tests on the galvanized roofing sheets found in the two locations operated by Prossy Nigeria Limited, showed that they do not meet the requirements of the relevant Nigeria Industrial Standard (NIS). According to him, the galvanized roofing sheets found in Owerri were low gauges and fail to meet the minimum value standard prescribed in the NIS.
At Okigwe, the impounded coils used for the manufacturing of galvanized roofing sheets showed a non-conformance and fall below minimum requirements. Omolawon reiterated the SON Chief Executive’s resolve to rid the nation of substandard products with its focus presently on the roofing sheets sector due to safety concerns and economic losses being experienced by unsuspecting consumers of the products who have been inundating SON with myriads of complaints. The Team leader restated that the exercise was part of a nationwide surveillance programme to locate and mop-up substandard roofing sheets to ensure that only good quality roofing sheets that meet the minimum requirements of the Nigeria Industrial Standards are displayed in the open markets or stocked in warehouses. SON, he said wants Nigerian
consumers to confidently walk into an outlet, warehouse or stockist to purchase roofing sheets knowing that they would buy good quality products and get value for money. He therefore enjoined Nigerians to seek expert advice when purchasing roofing sheets or visit the nearest SON office in the 36 states of the federation for advice. He also advised importers and manufacturers to adhere strictly to standards to avoid products confiscation, destruction and possible prosecution. On the sealed warehouses and products put on hold, Omolawon stated that further investigation and testing would be conducted following which the management would give further directives. Substandard products, he said are subject to evacuation, destruction and prosecution of offenders in line with the SON Act 14 of 2015
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T H I S D AY ˾ TUESDAY SEPTEMBER 10, 2019
PROPERTY & ENVIRONMENT
Lagos Launches Blue Box Programme for Effective Waste Management Fadekemi Ajakaiye
T
he Lagos State Government has launched Blue Box Programme, a zero waste management
initiative. The event, which took place at Simpson Transfer Loading Station, Sura, is a carefully conceived plan to nurture the culture of waste sorting from its point of generation. The Governor of Lagos State, Mr. Babajide Sanwo-Olu stated that he envisioned a new era, where residents of Lagos would stop dumping all their waste, but rather sort at source to extract maximum value and reduce the pressure on the landfills. He enjoined compliance from all sectors, residents, market men and women. He also facilitated the production and donation of colour-coded bags which will be distributed to all users. The Director, Lagos waste Management Authority, LAWMA, Dr. Olumuyiwa Gbadegesin stated that Environmental Volunteer Corps would educate and encourage
participation and also collate data on field. LAWMA would promote the sorting culture with a reward system, as participatory households would accumulate coupons distributed by the franchise in exchange for several redeemable options. He stated that Individuals/Recyclers who exhibit capacity to collect at LGs and LCDAs are expected to have a minimum of 5- 10tonnes of recyclables from door steps, in addition to a sorting centre measuring a minimum of 1000sqkm in the area of operation. The State and Local governments will partner to provide space for Community Recycling Centres. “We will engage respective communities and deploy massive public enlightenment and sensitization, to encourage public support and general compliance,” he said. To ensure sustainability of the programme, corporate organisations would also be co-opted to support the program through the introduction of reward system that would further encourage participation, he said.
He highlighted the benefits to include; 50% of recyclables upstream with zero tolerance for scavenging by June 2021; attract major investors and create green jobs, to further strengthen the sector; reorientation of scavengers and integration as resource managers at the Community Recycling Centres, where expertise will be needed. Others include reducing negative impact on their means of livelihood; encourage zero waste generation in the state and promote a healthier and cleaner environment; reduce our carbon footprint; and increase economic security by tapping domestic source of material. The Commissioner for the Environment and Water Resources, Mr. Tunji Bello, stated that the dearth of sufficient land space has also adversely affected the waste management strategy as the inability to get adequate land space for landfill activities to accommodate the huge waste being generated on a daily basis estimated to have grown from 10,000 MT to 14, 000MT within a period of 5 years.
“Our ultimate aim is to attain waste conversion and waste buyback, thereby turning our waste into resources. This will ultimately minimise waste and eventually reduce
drastically what is left to be transported to the landfills, and also eliminate illicit disposal via our drainage systems,” he said. He stated that the initiative
would “help achieve the environment of our dreams with the policy thrust of creating a state that is cleaner, healthier, and liveable for all inhabitants of the state.”
L-R: Permanent Secretary, Lagos State Ministry of Housing, Mr. Adedamola Akewusola; Special Adviser to the Governor on Housing, Mrs. Toke-Benson Awoyika; Governor Babajide SanwoOlu; Commissioner for Housing, Moruf Akinderu-Fatai; and Commissioner for Agriculture and Cooperatives, Mr. Gbolahan Lawal, during the unveiling of the plaque to launch Alhaji Lateef Jakande Gardens, at Igando… recently PHOTO: KOLA OLASUPO
Blue Star Embarks on Aggressive Expansion Drive in West Africa Fadekemi Ajakaiye Eco-friendly air conditioning and commercial refrigeration major Blue Star Limited’s wholly owned subsidiary in Dubai, Blue Star International FZCO, has embarked on an aggressive expansion drive in Western Africa. The Company, with its comprehensive range of air conditioning and refrigeration products, had commenced operations in Nigeria in association with its local distribution partner, Merald Technology Solutions
Nigeria Ltd, in 2017, and now it intends to rapidly expand its business in this market. To promote its wide range of offerings, the Company hosted a technical seminar on September 6, 2019, at the Sheraton Lagos Hotel, Ikeja, Lagos, Nigeria. Blue Star, with its rich pedigree of 75 years of leadership in the HVAC industry, has an edge in the industry due to its diverse and technologically superior product offerings such as air cooled chillers, water cooled chillers, process chillers, ductable splits,
ductable packaged systems, VRF systems, magnetic bearing oil free centrifugal chillers, cold rooms, banana ripening chambers, chest freezers, room air conditioners, water coolers, and bottled water dispensers, amongst others. Blue Star’s new generation highly energy-efficient 100% inverter VRF V Plus systems, for example, exemplify the Company’s leadership. These systems are best-in-class as they deliver 100% capacity up to 43˚C ambient temperatures. With over 75 models of indoor
Nigerian, Foreign Partner Win $100,000 NLNG Science Prize Bennett Oghifo A Nigerian, Dr. Mathew Aneke and his Chinese collaborator, Professor Meihong Wang have been declared winner of the 2019 The Nigeria Prize for Science, worth $100, 000. Chairman of the Advisory Board for the Science Prize and an NLNG Science Prize Laureate, Prof. Akpoveta Susu, who announced the winner at a press conference in Lagos, yesterday, said the duo presented an outstanding work on ‘Carbon Capture, Carbon Utilisation, and Biomass Gasification and Energy Storage for Power Generation’ that deserved the win. Earlier in the year, the Advisory Board of The Nigeria Prize for Science announced the call for entries for the annual prize, centred on the theme “Climate Change: Erosion, Drought and Desertification”. The focus for this year’s prize is significant because the adverse impact of climate change is the major cause of soil degradation and low productivity. Wang is a Professor of Energy Systems at the University of
Sheffield. He is a Chartered Engineer and has published over 100 technical papers and industrial reports. Dr Aneke, a graduate of Federal University of Technology, Owerri, Imo State, is a Postdoctoral Research Fellow at the University of Sheffield with expertise in process design and modelling, power systems analysis, power generation, renewable energy and environmental protection, amongst others. He has authored and co-authored 27 research works. The decision on the winning entry of The Nigeria Prize for Science was reached by a Panel of Judges, led by Professor Deborah Ajakaiye, the first female Physics Professor in Nigeria and the first Black African to be awarded a Lifetime Honorary Fellowship of the Geological Society of London, England. Other members of the panel are Professor Peter Nnabude, a Professor of Soil Science and Land Resources Management at Nnamdi Azikiwe University, Awka, and Professor Abdullahi Emmanuel Bala, a Professor in the Department of Geology, Federal University, Lokoja.
On the Prize’s Advisory Board are Professor Barth Nnaji, renowned scientist and former Minister of Power; Professor Michael Adikwu, Vice-Chancellor, University of Abuja and also a past winner of the Science Prize; Professor Elijah Mshelia, a nuclear physicist; and Chief Dr. Nike Akande, two-time Minister and past President, Lagos Chamber of Commerce and Industry. In its 15 years history, this is the first time a non-Nigerian has been awarded the Prize, which is sponsored by Nigeria LNG Limited (NLNG). This is also the third joint winners’ award since inception in 2004, according to Prof. Susu. Making reference to the judges’ report, Prof Susu said the works addressed core environmental issues notably deforestation, carbon production, associated climate change and the resultant effects such as erosion, drought and desertification. He said that their joint works “demonstrated innovative and holistic strategy to tackle climate change impacts and therefore merits the Nigeria Prize for Science Award 2019.
units, and outdoor units with capacities upto 112HP, they can cater to a wide range of applications. In addition, each of these systems has a 34-litre accumulator which is one of the largest in the industry, enabling their use across diverse operating loads from 5% to 130%. Besides, they come with a host of advanced controllers such as group controllers and central controllers, and tenant billing software that tracks power consumption parameters. The Company has adopted zero Ozone Depletion Potential (ODP) refrigerant HFC R410A as replacement to HCFC R22 which is in the phase-out list of The Montreal Protocol. Considering that HFC refrigerants have high global warming potential, the Company has proactively taken steps to adopt natural refrigerant HC R290 after careful evaluation of safety in certain products. Further, HFC R32 which has one third global warming potential of HFC R410A is being progressively adopted in the Company’s room air
conditioners. The Company has already adopted Cyclopentane which is also a natural refrigerant as blowing agent in foam panes used in cold rooms. Speaking at the seminar, Dawood Bin Ozair, CEO, Blue Star International FZCO, said, “Blue Star takes immense pride in being associated with Merald Technology Solutions, a leading player in Nigeria with a strong base in providing engineering services and facility management solutions. We are confident that with Blue Star’s products that are backed by robust R&D and world-class manufacturing and Merald Technology’s well entrenched network in this region, we will be able to build on and consolidate our presence in this region.” Yogendra Singh, Managing Director, Merald, added, “With many upcoming projects and development of both residential and commercial properties, we are ready and equipped to provide the best of Blue Star’s HVAC solutions most suited to each requirement.”
Blue Star Limited Blue Star is India’s leading air conditioning, commercial refrigeration and MEP (Mechanical, Electrical and Plumbing) contracting company with over 75 years of experience. An expert in cooling, it also offers products such as water purifiers, air purifiers and air coolers. Its integrated business model, of a manufacturer, contractor and after-sales service provider, helps the Company offer comprehensive solutions for all segments, including residential, commercial and infrastructure. The Company has an expansive global footprint and exports its products to many countries in the Middle East, Africa, SAARC and ASEAN regions. Blue Star’s other businesses include marketing and maintenance of imported professional electronic equipment and services, as well as industrial products and systems, through Blue Star Engineering & Electronics, a wholly owned subsidiary of the Company.
JSAID’s Annual Blueprint Conference to Empower Interior Designers, Skilled Workers Fadekemi Ajakaiye Jenniez School of African Interior Design (JSAID) plans to host its annual Blueprint Conference that empowers interior designers, skilled workers, creatives, manufacturers and small to medium enterprises in the interior design industry. The school, which is the first and only approved educator of Interior decoration in Africa and endorsed by the Interior Designers Association of Nigeria, will hold the conference on Saturday 5, October at Oriental Hotel, Victoria Island, Lagos. The conference, in its second
edition, seeks to empower attendees with practical tools, guidance and motivation, as well as the professional networks to take their interior design businesses to the next level. The conference has been successful in leveraging the knowledge of renowned design professionals and experts from all over the world, according to a statement by Jennifer Chukwujekwe, Founder, JSAID. Chukwujekwe said this year’s Blueprint Conference, which is themed “Collaboration within the interior design industry”, seeks to represent and promote the built industry through advocacy,
outreach, high standards, integrity, education and investment in the community in which we live and work in. “It is one of the few programs that brings together design industry partners annually, to build partnerships and collaborations, and to foster peer learning and knowledge sharing around design,”Chukwujekwe said. “This conference provides an innovative platform for the public to hear from great thinkers and doers from a myriad of design related fields, and debate and discuss the most significant ideas, trends and issues of the day,” She further said.
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T H I S D AY Ëž Ëœ ÍŻÍŽËœ 2019
BUSINESS/MONEYGUIDE
FSDH Foresees Increased Foreign Portfolio Investments Obinna Chima Analysts at FSDH Merchant Bank Limited have predicted that Nigeria will record improved foreign portfolio investments (FPIs) in 2019, higher than the 2018 level. The recently released Capital Importation Report for the second quarter 2019, released by the National Bureau of Statistics, had shown that capital inflows stood at $5.82 billion. This represented a decline from $8.48 billion in the previous quarter, but an increase of 5.5 per cent compared with the corresponding period of 2018. However, FPIs at $4.3 billion, dominated capital inflows accounting for 74 per cent of total inflows in the quarter. But in its estimate, FSDH
analysts in their monthly macroeconomic outlook report, anticipated that FPI in 2019, was set to increase beyond the 2018 level. They noted that already, in the first half of 2019, Nigeria had attracted $114 billion worth of FPI, “which is almost equal to $11.8 billion inflows in 2018.� FSDH Merchant Bank Limited pointed out that overall, portfolio investment was to remain dominant in 2019. “Higher inflows into the money market are expected, as the appetite for short term instruments increases. “Higher demand for short instruments can be hinged on relatively high yields and uncertainties surrounding the economy’s long term prospects especially given Nigeria’s reliance on crude oil exports and the
declining government revenues. “Crude oil production target of 2.3mbpd is unlikely to be met, creating a larger than expected revenue gap,� the research and financial advisory institution added. It stated that money market Instruments accounted for 81 per cent of the total portfolio investment inflows in the second quarter of 2019. “Relatively high interest rate and uncertainty on the long term macroeconomic fundamentals may explain this investor behaviour.“Equity and Bonds account for 12 per cent and seven per cent of total portfolio investment inflows respectively. “Monetary policy rate is expected to remain at 13.5 per cent and this is should attract and retain more foreign investments.
Africa Prudential Charges Cooperative Societies OnTechnology The Africa Prudential Plc has charged cooperative societies in Nigeria to adopt digital tools in their business, culture and structure. This, the firm noted, would properly position the cooperative societies in the new digital economy and unlock the potential of the sector. The call was made by the Managing Director/CEO, Africa Prudential Plc, Obong Idiong, while speaking as a guest speaker at the fifth Cooperative Summit and 2019 International Cooperative Day, organised by the Cooperative Federation of Nigeria (CFN) at Jos, Plateau State, recently. While delivering his paper
on Cooperatives and the Digital Workspace, Obong noted that digital technologies were changing the lives of consumers. He noted that social media provides them with a new voice. According to him, mobile devices and online platforms alter what people expect from businesses. He noted that ‘big data’ was giving organisations the opportunity to understand and fully engage with their stakeholders, “whether these are members or customers.� The theme of the conference was, “Cooperatives for Decent Work,� which a statement from the firm stated aligned with the Sustainable Development
Goal 8 (SDG8) which aims to promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all. The company’s Chief Technology Officer, Khadijat Abdulkadir, who also spoke at the summit, explained that Africa Prudential Plc has added SDG9 to the mix this year as the company provides innovative value by automating the cooperative sector, and providing access to EasyCoop—an Enterprise Resource Planning solution which takes care of end-to-end automation and administration of cooperative societies—as a way to drive value for the cooperative sector.
Access Bank Disburses N5bn to DiamondXtra Customers Nume Ekeghe Access Bank Plc has disclosed that it has rewarded loyal customers in its DiamondXtra scheme with over N5 billion its commencement. DiamondXtra is on its season 11 and has consistently held draws for 11 years. Speaking recently at the DiamondXtra quarterly cheque presentation ceremony held in Lagos, the Head Retail Products, Access Bank, Mr. Rob Giles, said the bank would continue to reward its loyal customers. He said: We have given out
over N5 billion in prize since inception and its our 11th year running. “This year has been really rewarding. We are stuck with salary for life because customers told us that winning motivates them to save. We have stuck with giving out N1 million in prizes every month so create millionaires because they save with DiamondXtra,� he explained. Giles added: “We have winners today who have rent allowance for a year and education grant for five years, and that is something that is impressive about this season.
“We are helping our youth get education which helps in creating business people tomorrow. “Today, we handed out N10 million in cash prizes, one education allowance for five years and one rent allowance for five years and we also had a group of customers who won half a million.� Also speaking, the Head, Retail Market and Analytics, Access Bank, Chioma Afe, explained that the motivation behind the DiamondXtra initiative was born out of the need to transform the lives of its customers.
Osinbajo Expresses Confidence in METKA’s Solar Project Emma Okonji Vice President Yemi Osinbajo has expressed his confidence in the 7.1MW solar hybrid power plant project that was completed at the Bayero University, Kano (BUK) by METKA, an international Engineering-ProcurementConstruction (EPC) contractor. Described as the largest solar hybrid power plant in Africa, Osinbajo noted that the project would impact thousands of students and other members of the university community, enhancing the quality of teaching, research and learning while also empowering the girl child and providing job opportunities for many, in line with the Next Level agenda of the Buhari administration.
METKA used the occasion of the launch of the project to restate its commitment to continually support the energy needs of Nigeria and its people. Managing Director of METKA Power West Africa, Evangelos Kamaris said: “METKA believes strongly in Nigeria and the vision of its leadership in the power sector, championed by President Muhammadu Buhari. “As a core value, we strive for constant business excellence, balancing economic growth and sustainable development, and we will continue to support the efforts of government in the development of the Nigerian electricity market until the nation achieves stable and reliable power supply.� Under implementation by
the Rural Electrification Agency (REA), the BUK power project is part of the Energizing Education Programme (EEP) - a federal government intervention focused on developing off-grid dedicated independent power plants and rehabilitating existing distribution infrastructure to supply clean, safe and reliable power to 37 federal universities and seven affiliated university teaching hospitals. Speaking during the launch, the Ministry of Power, Mamman Salleh, stressed government’s commitment to enabling the development of the educational sector, given its importance in catalysing economic growth, by lighting up institutions of learning.
R-L: Managing Director/CEO, Africa Prudential Plc, Obong Idiong; Executive Secretary, Nigeria Police Cooperative Multi-purpose Society Limited, CP Dasuki Galadanchi; and Chief Technology Officer, African Prudential Plc Khadijat Abdulkadir, during the 5th Cooperative Summit and 2019 International Cooperative Day held at Jos‌recently
MARKET INDICATORS MONEY AND CREDIT STATISTICS
(MILLION NAIRA)
NOVEMBER 2018 Money Supply (M3)
31,794,803.44
-- CBN Bills Held by Money Holding Sectors
6,333,064.28
Money Supply (M2)
25,461,739.17
-- Quasi Money
14,773,076.98
-- Narrow Money (M1)
10,688,662.18
---- Currency Outside Banks
1,711,763.59
---- Demand Deposits
8,976,898.59
Net Foreign Assets (NFA)
18,990,400.78
Net Domestic Assets(NDA)
12,804,402.66
-- Net Domestic Credit (NDC)
26,062,986.22
---- Credit to Government (Net)
2,980,229.66
---- Memo: Credit to Govt. (Net) less FMA
7,093,619.43
---- Memo: Fed. and Mirror Accounts (FMA)
-4,144,571.43
---- Credit to Private Sector (CPS)
23,082,756.56
--Other Assets Net
13,258,583.57
Reserve Money (Base Money
6,811,192.37
--Currency in Circulation
2,100,129.91
--Banks Reserves
4,366,259.05
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Money Market Indicators (in Percentage) Month Inter-Bank Call Rate
March 2018 15.16
Minimum Rediscount Rate (MRR) Monetary Policy Rate (MPR)
14.00
Treasury Bill Rate
11.84
Savings Deposit Rate
4.07
1 Month Deposit Rate
8.82
3 Months Deposit Rate
9.72
6 Months Deposit Rate
10.93
12 Months Deposit Rate
10.21
Prime Lending rate
17.35
Maximum Lending Rate
31.55
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OPEC DAILY BASKET PRICE Ëœ Íł Ͱ͎ͯ͡
The price of OPEC basket of fourteen crudes stood at $60.75 a barrel on Friday, compared with $60.58 the previous day, according to OPEC Secretariat calculations. The OPEC Reference Basket of Crudes (ORB) is made up of the following: Saharan Blend (Algeria), Girassol (Angola), Djeno (Congo), Oriente (Ecuador), ZaďŹ ro (Equatorial Guinea), Rabi Light (Gabon), Iran Heavy (Islamic Republic of Iran), Basra Light (Iraq), Kuwait Export (Kuwait), Es Sider (Libya), Bonny Light (Nigeria), Arab Light (Saudi Arabia), Murban (UAE) and Merey (Venezuela). SOURCE: OPEC headquarters, Vienna
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T H I S D AY Ëž Ëœ ÍŻÍŽËœ Ͱ͎ͯ͡
MARKET NEWS
Market Opens Negatively as Access Bank, Nestle, Oando, Others Decline Goddy Egene The Nigerian equities market resumed trading with a decline as investors ignored the interim dividends declared by Access Bank Plc and Stanbic IBTC Holdings Plc and increased the sell off the shares. As a result, the Nigerian Stock Exchange (NSE) All-Share Index fell by 0.21 per cent, to close at N27, 089.84, while market capitalisation shed N27.6 billion to close at N13.2 trillion.
Having dipped by 1.38 per cent last week, some level of bargain hunting was expected this week. However, the market was about to close positively towards the end of trading before late sell-off in shares of Nestle Nigeria Plc, Access Bank Plc, Stanbic IBTC Holdings Plc and Oando Plc weighed down the index. In all, 14 stocks lost value, while 15 added value. Livestock Feeds Plc led the price losers with 7.1 per cent, trailed by LASACO Assurance Plc with
P R I C E S MAIN BOARD
F O R DEALS
6.9 per cent. NPF Microfinance Bank Plc went down by 6.4 per cent, while Nestle Nigeria Plc shed 5.7 per cent. But the depreciation suffered by Stanbic IBTC Holdings Plc (2.7 per cent) and Access Bank Plc (1.4 per cent) came as a surprise for many analysts given the fact that both banks recently announced interim dividends. Stanbic IBTC recommended an interim dividend of 100 kobo while Access Bank Plc recommended 25 kobo per share. It was expected that the inves-
S E C U R I T I E S MARKET PRICE
QUANTITY TRADED
VALUE TRADED ( N )
tors could continue to demand for the shares of Access Bank in particular given its impressive results for the half year ended June 30, 2019. Access Bank Plc last week gross earnings of N324.4 billion, indicating a growth of 28 per cent from N253.0 billion in the corresponding period of 2018. The bank posted a jump of 62 per cent in a profit before tax (PBT) to N74.1 billion in 2019, compared with N45.8 billion recorded during the same
T R A D E D MAIN BOARD
A S
period in 2018, while profit after tax rose 59 per cent to N63.01 billion, up from N39.6 billion in 2018. Total assets went up by 31 per cent to N6.48 trillion as at June 2019 in comparison to N4.95 trillion in December 2018, while Capital Adequacy Ratio (CAR) remained solid at 20.8 per cent, well above the regulatory minimum. Commenting on the performance, Group Managing Director/CEO, Access Bank Plc, Herbert Wigwe said: “Access
O F
Bank’s performance in H1 of the year reflects a sustainable business model coupled with effective execution as we make solid gains towards the achievement of our strategic goals.� According to him, their focus on retail gained momentum during the period, as continued investments in their channels platform resulted in a 29 per cent contribution to gross fee and commission income, up 92 per cent from the corresponding period in 2018.
0 9 / 0 9 / 2 0 1 9 DEALS
MARKET PRICE
QUANTITY TRADED
VALUE TRADED ( N)
32
˾ TUESDAY, SEPTEMBER 10, 2019
Tuesday, September 10, 2019 Thisday Afrinvest 40 Index Up 0.13% Yesterday, the Thisday Afrinvest 40 Index gained 13bps to
THISDAY AFRINVEST 40 INDEX
ƐĞƩůĞ Ăƚ ϭ͕ϭϰϳ͘ϱϴ ĂƐ Ă ƌĞƐƵůƚ ŽĨ ƉƌŝĐĞ ĂƉƉƌĞĐŝĂƟŽŶ ŝŶ GUARANTY ;нϭ͘ϯйͿ͕ FBNH ;нϲ͘ϵйͿ ĂŶĚ SEPLAT ;нϳ͘ϭйͿ͘ dŚĞƐĞ ƐƚŽĐŬƐ
Fundamental Performance Metrics for THISDAY AFRINVEST 40 Index
ĐƵŵƵůĂƟǀĞůLJ ĂĐĐŽƵŶƚ ĨŽƌ Ϯϲ͘Ϭй ŽĨ ƚŚĞ ŝŶĚĞdž͘
>ŽĐĂů ŽƵƌƐĞ KƉĞŶƐ ƚŚĞ tĞĞŬ ŽŶ Ă EĞŐĂƟǀĞ EŽƚĞ͘͘͘ ^/ ĚŽǁŶ 0.2% ƚ ƚŚĞ ƐƚĂƌƚ ŽĨ ƚƌĂĚŝŶŐ ƚŚŝƐ ǁĞĞŬ͕ ƐĞůů ƉƌĞƐƐƵƌĞƐ ŝŶ ƚŚĞ ůŽĐĂů ďŽƵƌƐĞ ƉĞƌƐŝƐƚĞĚ ĂƐ ƚŚĞ ůů ^ŚĂƌĞ /ŶĚĞdž ; ^/Ϳ ƐŚĞĚ ϮϭďƉƐ ƚŽ ƐĞƩůĞ Ăƚ Ϯϳ͕Ϭϴϵ͘ϴϰ ƉŽŝŶƚƐ͘ zd ůŽƐƐ ǁŽƌƐĞŶĞĚ ƚŽ -ϭϯ͘ϴй ǁŚŝůĞ ŵĂƌŬĞƚ ĐĂƉŝƚĂůŝƐĂƟŽŶ ĚĞĐůŝŶĞĚ EϮϳ͘ϲďŶ ƚŽ ĐůŽƐĞ Ăƚ Eϭϯ͘ϮƚŶ͘ DĂũŽƌ ĚƌĂŐƐ ƚŽ ƉĞƌĨŽƌŵĂŶĐĞ LJĞƐƚĞƌĚĂLJ ǁĞƌĞ – NESTLE (-ϱ͘ϳйͿ͕ STANBIC (-Ϯ͘ϳйͿ ĂŶĚ ACCESS (-ϭ͘ϱйͿ͘ ĐƟǀŝƚLJ ůĞǀĞů ǁĞĂŬĞŶĞĚ ĂƐ ǀŽůƵŵĞ ĂŶĚ ǀĂůƵĞ ƚƌĂĚĞĚ ĨĞůů ϲ͘ϳй ĂŶĚ ϯϯ͘ϯй ƚŽ ϮϵϬ͘ϱŵ ƵŶŝƚƐ ĂŶĚ Eϰ͘ϯďŶ ƌĞƐƉĞĐƟǀĞůLJ͘ GUARANTY ;ϭϮϴ͘ϱŵ ƵŶŝƚƐͿ͕ FBNH ;ϰϭ͘ϴŵ ƵŶŝƚƐͿ ĂŶĚ TRANSCORP ;ϯϮ͘ϵŵ ƵŶŝƚƐͿ ǁĞƌĞ ƚŚĞ ƚŽƉ ƚƌĂĚĞĚ ƐƚŽĐŬƐ ďLJ ǀŽůƵŵĞ ǁŚŝůĞ GUARANTY ;Eϯ͘ϰďŶͿ͕ FBNH ;Eϭϴϯ͘ϱŵͿ ĂŶĚ ACCESS ;EϭϲϮ͘ϳŵͿ ǁĞƌĞ ƚŽƉ ƚƌĂĚĞĚ ďLJ ǀĂůƵĞ͘
Ticker
Current Price
THISDAY AFRINVEST 40
ŽƵƌ ĐŽǀĞƌĂŐĞ ĐůŽƐĞĚ ŝŶ ƚŚĞ ŐƌĞĞŶ͘ dŚĞ Kŝů Θ 'ĂƐ ŝŶĚĞdž ůĞĚ ŐĂŝŶͲ ĞƌƐ͕ ƵƉ Ϯ͘ϳй ĨŽůůŽǁŝŶŐ ďĂƌŐĂŝŶ ŚƵŶƟŶŐ ŝŶ SEPLAT ;нϳ͘ϭйͿ ĂŶĚ ETERNA ;нϭ͘ϵйͿ͘ dŚĞ ĂŶŬŝŶŐ ŝŶĚĞdž ƚƌĂŝůĞĚ͕ ƌŝƐŝŶŐ Ϭ͘ϱй ĚƵĞ ƚŽ gains in FBNH ;нϲ͘ϵйͿ ĂŶĚ GUARANTY ;нϭ͘ϯйͿ͘ ^ŝŵŝůĂƌůLJ͕ ƚŚĞ AFR-/ d ŝŶĚĞdž ƌŽƐĞ ϮďƉƐ ŽŶ ƚŚĞ ďĂĐŬ ŽĨ ďƵLJŝŶŐ ŝŶƚĞƌĞƐƚ ŝŶ MTNN͘ KŶ ƚŚĞ ŇŝƉ ƐŝĚĞ͕ ƚŚĞ ŽŶƐƵŵĞƌ 'ŽŽĚƐ ŝŶĚĞdž ůĞĚ ůĂŐͲ ŐĂƌĚƐ͕ ĚŽǁŶ Ϯ͘ϵй ĂƐ ŝŶǀĞƐƚŽƌƐ ƐŽůĚ Žī NESTLE (-ϱ͘ϳйͿ ĂŶĚ DANGSUGAR (-Ϯ͘ϵйͿ ǁŚŝůĞ ůŽƐƐĞƐ ŝŶ LASACO (-ϲ͘ϵйͿ ĂŶĚ WAPIC (-Ϯ͘ϲйͿ ĚƌŽǀĞ ƚŚĞ /ŶƐƵƌĂŶĐĞ ŝŶĚĞdž Ϭ͘ϯй ůŽǁĞƌ͘ &ŝŶĂůůLJ͕ ƚŚĞ /ŶĚƵƐƚƌŝĂů 'ŽŽĚƐ ŝŶĚĞdž ĐůŽƐĞĚ ƚƌĂĚĞ ĂŌĞƌ ĨĂůůŝŶŐ ϮďƉƐ͘
ĚĞĐůŝŶĞ ƌĂƟŽͿ ƐƚƌĞŶŐƚŚĞŶĞĚ ƚŽ ϭ͘ϭdž ĨƌŽŵ Ϭ͘ϵdž ƉŽƐƚĞĚ ůĂƐƚ &ƌŝͲ ĚĂLJ ĂƐ ϭϱ ƐƚŽĐŬƐ ĂĚǀĂŶĐĞĚ ĂŐĂŝŶƐƚ ϭϰ ƐƚŽĐŬƐ ƚŚĂƚ ĚĞĐůŝŶĞĚ͘ dŽƉ ƉĞƌĨŽƌŵĞƌƐ ǁĞƌĞ UAC-PROP ;нϵ͘ϭйͿ͕ UACN ;нϵ͘ϭйͿ ĂŶĚ JOHNHOLT ;нϴ͘ϵйͿ ǁŚŝůĞ LIVESTOCK (-ϳ͘ϭйͿ͕ LASACO (-ϲ͘ϵйͿ and CUTIX (-ϲ͘ϳйͿ ĚĞĐůŝŶĞĚ ƚŚĞ ŵŽƐƚ͘ /Ŷ ůŝŶĞ ǁŝƚŚ the trend, ǁĞ ĞdžƉĞĐƚ ƚŚĞ ďĞĂƌŝƐŚ ƉĞƌĨŽƌŵĂŶĐĞ ƚŽ ĐŽŶƟŶƵĞ ŝŶ ƚŚĞ ĂďƐĞŶĐĞ ŽĨ ĂŶLJ ƉŽƐŝƟǀĞ ĚƌŝǀĞƌ͘ EĞǀĞƌƚŚĞůĞƐƐ͕ ǁĞ ĚŽ ŶŽƚ ƌƵůĞ ŽƵƚ ƚŚĞ
P/BV
Divindend Earnings Yield Yield
-21.8%
14.8%
18.6%
5.7%
4.6x
0.6x
7.4%
18.5%
1.3%
19.0%
-23.1%
-23.2%
34.8%
5.2%
4.0x
1.3x
10.4%
25.1%
2 Zenith Bank PLC
18.00
0.0%
12.5%
-21.9%
-21.9%
24.8%
3.4%
3.0x
0.7x
15.6%
33.8%
155.70
0.0%
9.5%
-17.9%
-16.3%
51.6%
23.4%
6.7x
3.2x
10.3%
14.9%
1,136.00
-5.7%
8.0%
-23.5%
-23.0%
105.8%
29.7%
18.8x
19.6x
5.1%
5.3%
50.55
0.0%
4.6%
-40.9%
-35.4%
8.5%
3.8%
27.9x
2.4x
4.8%
3.6%
4.65
6.9%
4.0%
-41.5%
-41.9%
9.4%
1.0%
3.4x
0.3x
5.9%
29.5%
17.40
0.0%
5.2%
-10.3%
-10.3%
5.8%
5.4%
6.9x
0.7x
2.4%
14.5%
6.10
0.0%
4.4%
-20.8%
-21.8%
15.5%
1.7%
2.6x
0.4x
13.9%
38.6%
3.1x
0.4x
4.2%
32.8%
7.2%
3 Dangote Cement PLC 4 Nestle Nigeria PLC 5 Nigerian Brew eries PLC 6 FBN Holdings Plc 7 Cement Co Northern Nigeria PLC 8 United Bank for Africa PLC 9 International Brew eries PLC
12.00
0.0%
1.8%
-60.7%
-61.9%
-23.2%
-2.3%
426.00
7.1%
3.0%
-33.4%
-33.4%
13.7%
8.7%
11 Access Bank PLC
6.80
-1.4%
4.4%
0.0%
4.6%
22.8%
2.2%
1.7x
0.4x
12 Ecobank Transnational Inc
7.35
2.8%
1.9%
-47.5%
-48.6%
15.9%
1.1%
2.1x
0.3x
13 Stanbic IBTC Holdings PLC
36.00
-2.7%
2.6%
-24.9%
-24.9%
28.0%
4.4%
5.7x
1.4x
5.6%
14 Unilever Nigeria PLC
29.30
0.0%
2.5%
-20.8%
-20.8%
12.2%
7.5%
17.8x
2.2x
5.2%
15 Lafarge Africa PLC
14.50
0.0%
2.5%
16.5%
20.8%
2.1%
0.7%
16 Guinness Nigeria PLC
37.30
0.0%
0.9%
-48.2%
-48.2%
6.2%
3.5%
14.9x
0.9x
4.1%
6.7%
17 Okomu Oil Palm PLC
44.15
0.0%
1.0%
-42.1%
-42.1%
18.2%
13.5%
8.3x
1.5x
6.8%
12.1%
10 SEPLAT Petroleum Development C
3.6x
-7.6%
57.8% 48.0%
1.0x
17.6% 5.6% -0.2%
18 Total Nigeria PLC
100.00
0.0%
0.8%
-50.7%
-50.7%
9.2%
1.8%
13.3x
1.3x
17.0%
7.5%
19 11 PLC
158.00
0.0%
1.4%
-14.8%
-14.8%
24.8%
10.9%
7.1x
1.6x
5.3%
14.1%
13.50
0.0%
0.9%
-41.6%
-39.2%
3.1%
1.1%
11.9x
0.4x
8.9%
3.91
-4.6%
1.2%
-21.8%
-18.5%
14.3%
2.5%
1.8x
0.2x
22 Fidelity Bank PLC
1.60
3.2%
1.1%
-21.2%
-21.2%
12.7%
1.4%
1.9x
0.2x
6.9%
23 Transnational Corp of Nigeria
1.00
0.0%
1.0%
-24.2%
-22.5%
14.2%
3.2%
4.3x
0.6x
3.0%
23.4%
24 Dangote Sugar Refinery PLC
8.50
-2.9%
0.7%
-44.3%
-42.6%
20.7%
11.4%
5.0x
1.1x
12.9%
20.1%
26 FCMB Group Plc
1.55
-1.3%
0.7%
-18.0%
-13.9%
9.2%
1.2%
1.8x
27 UAC of Nigeria PLC
6.60
9.1%
0.5%
-32.3%
-30.9%
-6.9%
-3.3%
8.4% 56.3% 53.4%
25 Diamond Bank PLC 0.2x
9.0%
54.4%
0.3x
10.0%
-28.0%
2.30
0.0%
0.8%
21.1%
21.1%
8.1%
0.8%
7.6x
0.6x
29 Presco PLC
44.80
0.0%
0.3%
-30.0%
-30.0%
7.3%
4.6%
13.4x
1.7x
4.8%
7.5%
30 NASCON Allied Industries PLC
13.00
0.0%
0.3%
-27.8%
-27.8%
35.9%
12.1%
9.4x
3.2x
7.7%
10.7%
31 Forte Oil PLC
28 Sterling Bank PLC
14.50
0.0%
0.2%
-47.2%
-48.2%
48.9%
7.4%
2.3x
1.1x
32 Union Bank of Nigeria PLC
7.00
0.0%
0.5%
25.0%
25.0%
7.0%
1.1%
11.3x
0.9x
33 Julius Berger Nigeria PLC
18.55
0.0%
0.3%
-7.7%
-16.1%
21.8%
2.5%
3.4x
0.7x
117.5%
38.3%
34 PZ Cussons Nigeria PLC
13.2%
44.4% 8.9% 10.8%
29.5%
5.90
5.4%
0.2%
-51.2%
-52.0%
24.75
0.0%
0.2%
-29.0%
-29.0%
36 Wema Bank PLC
0.58
-1.7%
0.2%
-7.9%
-7.9%
7.8%
0.7%
5.6x
0.4x
5.2%
17.9%
37 Beta Glass PLC
59.75
0.0%
0.2%
-12.5%
-12.5%
16.8%
11.3%
6.0x
0.9x
2.4%
16.7%
38 Dangote Flour Mills Plc
35 Chemical and Allied Products P
23.2x
0.5x
2.5%
4.3%
8.7x
10.5x
11.7%
11.4%
21.00
0.0%
0.6%
206.6%
218.2%
-30.8%
-9.1%
39 Transcorp Hotels Plc
5.40
0.0%
0.1%
-11.5%
-11.5%
5.1%
2.6%
14.3x
0.7x
40 AXA Mansard Insurance PLC
1.75
0.0%
0.1%
-4.4%
-4.4%
9.4%
2.6%
8.9x
0.8x
T o p 10 G a i n e r s T ic k er
3.7x
-10.0% 3.1%
T o p 10 T r a d e s b y V o l u m e P ric e C hg %
UA C -P R OP
1.08
9.1%
GUA R A N T Y
128.5
1.3%
UA C N
6.60
9.1%
FB NH
41.8
6.9%
J OH N H OLT
T ic k er
Vo lum e
P ric e C hg %
0.61
8.9%
T R A N SC OR P
32.9
0.0%
426.00
7.1%
A C C ESS
23.9
-1.4%
FB NH
4.65
6.9%
UA C N
10.6
9.1%
PZ
5.90
5.4%
Z EN IT H B A N K
6.7
0.0%
F ID ELIT YB K
1.60
3.2%
WA P IC
4.8
-2.6%
A IIC O
0.64
3.2%
UB A
3.6
0.0%
ET I
7.35
2.8%
UA C -P R OP
2.2
9.1%
ET ER N A
2.70
1.9%
WA P C O
2.1
0.0%
SEP LA T
T o p 10 L o s e r s T ic k er
T o p 10 T r a d e s b y V a l u e
P ric e
P ric e C hg %
LIVEST OC K
0.39
-7.1%
GUA R A N T Y
T ic k er
Value
LA SA C O
0.27
-6.9%
C UT IX
1.40
NP FM CRFB K
1.16
P ric e C hg %
3379.6
1.3%
FB NH
183.5
6.9%
-6.7%
A C C ESS
162.7
-1.4%
-6.5%
Z EN IT H B A N K
119.9
0.0%
1136.00
-5.7%
UA C N
69.7
9.1%
0.20
-4.8%
M TNN
55.1
0.0%
M B EN EF IT OA N D O
3.91
-4.6%
N EST LE
35.9
-5.7%
D A N GSUGA R
8.50
-2.9%
T R A N SC OR P
32.9
0.0%
36.00
-2.7%
WA P C O
30.7
0.0%
0.37
-2.6%
ST A N B IC
23.1
-2.7%
ST A N B IC WA P IC
Asset Management
Investment Research
Ayodeji Ebo | aebo@afrinvest.com
Ola Belgore | obelgore@afrinvest.com
Robert Omotunde | romotunde@afrinvest.com
Adedoyin Allen | aallen@afrinvest.com
Oluwarotimi Ashimi | oashimi@afrinvest.com
Adedayo Bakare | abakare@afrinvest.com
Brokerage
7.0% 11.3%
P ric e
N EST LE
Afrinvest West Africa Limited
P/E
0.13%
ƉŽƐƐŝďŝůŝƚLJ ŽĨ ƐŽŵĞ ďĂƌŐĂŝŶ ŚƵŶƟŶŐ ĚƌŝǀŝŶŐ ƉŽƐŝƟǀĞ ƉĞƌĨŽƌͲ ŵĂŶĐĞ ŝŶ ƐƵďƐĞƋƵĞŶƚ ƐĞƐƐŝŽŶƐ͘
ROA
26.50
/ŶǀĞƐƚŽƌ ^ĞŶƟŵĞŶƚ ^ƚƌĞŶŐƚŚĞŶƐ /ŶǀĞƐƚŽƌ ƐĞŶƟŵĞŶƚ ĂƐ ŵĞĂƐƵƌĞĚ ďLJ ŵĂƌŬĞƚ ďƌĞĂĚƚŚ ;ĂĚǀĂŶĐĞͬ
ROE
1,147.58
20 Flour Mills of Nigeria PLC
WĞƌĨŽƌŵĂŶĐĞ ĂĐƌŽƐƐ ƐĞĐƚŽƌƐ ǁĂƐ ŵŝdžĞĚ ĂƐ ϯ ŽĨ ϲ ŝŶĚŝĐĞƐ ƵŶĚĞƌ
Price Change Index to Date
1 Guaranty Trust Bank PLC
21 Oando PLC
Mixed Sector Performance
Price Previous Current Change Price Weightin YTD Change g
33
TUESDAY, SEPTEMBER 10, 2019 ˾ T H I S D AY
MARKET NEWS
Standard Chartered Bank Nigeria Eyes $50m to Empower Next Generation Goddy Egene Standard Chartered Bank Nigeria Limited plans to raise $50 million between this year and 2013 to empower the next generation to learn, earn and grow. In line with the above, the bank last weekend hosted its annual fundraising event for its
community investment programme called ‘Futuremakers by Standard Chartered(Futuremakers) According to the bank, Futuremakers builds on the success of its existing community programmes such as Goal, designed to empower adolescent girls in rural communities through sports, vocational and lifeskills.
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
The bank explained that Futuremakers is its global initiative to tackle the issue of inequality and seeks to promote greater economic inclusion for young people in our communities. The bank disclosed that it would achieve this by supporting disadvantaged young people from low-income households, particularly girls
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 06Sep-2019, unless otherwise stated.
and young people with visual impairments, to take part in programmes focused on education, employability and entrepreneurship. It is solely aimed at supporting disadvantaged young people from low-income households, and not young people from middle-income or affluent households. Speaking on the bank’s
community investment activities in Nigeria, Chief Executive Officer of Standard Chartered Bank Nigeria, Lamin Manjang, said: ‘’Since we commenced operations in Nigeria, the bank has played a prominent role in supporting communities across the country. Under the Seeing is Believing project, over $1 million was raised between 2006
and 2018 to fund free corrective eye surgeries and treatments for approximately 40,000 beneficiaries across the country. 700,000 individuals Living with HIV/ AIDs received support through various intervention programs and nearly 170,000 young women and girls have benefited from the Goal program.”
Offer price: T he 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 136.03 137.71 -13.59% Afrinvest Plutus Fund 100.00 100.00 11.10% Nigeria International Debt Fund 271.11 271.11 -0.77% 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 0.87 0.88 3.41% ACAP Income Funds 0.77 0.77 34.49% 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 12.15% AIICO Balanced Fund 2.35 2.38 5.85% 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 13.48 13.89 -18.75% ARM Discovery Fund 316.74 326.29 -11.19% ARM Ethical Fund 27.68 28.52 -1.97% ARM Money Market Fund 1.00 1.00 12.32% 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 90.83 91.47 -10.24% AXA Mansard Money Market Fund 1.00 1.00 12.34% CAPITAL EXPRESS ASSET AND TRUST LIMITED info@capitalexpressassetandtrust.com Web: www.capitalexpressassetandtrust.com ; Tel: +234 803 307 5048 Fund Name Bid Price Offer Price Yield / T-Rtn CEAT Fixed Income Fund 1.85 1.85 10.89% 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 13.33% Paramount Equity Fund 11.91 12.02 0.89% Women's Investment Fund 106.48 107.18 2.84% 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 12.26% Cordros Milestone Fund 2023 92.96 93.61 Cordros Milestone Fund 2028 94.04 94.75 CORONATION ASSEST MANAGEMENT investment@coronationam.com Web:www.coronationam.com , Tel: 012366215 Fund Name Bid Price Offer Price Yield / T-Rtn Coronation Money Market Fund N/A N/A N/A Coronation Balanced Fund N/A N/A N/A Coronation Fixed Income Fund N/A N/A N/A EDC FUNDS MANAGEMENT LIMITED mutualfundng@ecobank.com Web: www.ecobank.com Tel: 012265281 Fund Name Bid Price Offer Price Yield / T-Rtn EDC Nigeria Money Market Fund Class A 100.00 100.00 12.22% EDC Nigeria Money Market Fund Class B 1,000,000.00 1,000,000.00 12.07% EDC Nigeria Fixed Income Fund 1,107.56 1,113.03 11.42% 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 1,236.61 1,237.39 10.53% FBN BALANCED FUND N/A N/A N/A FBN Money Market Fund 100.00 100.00 0.00% FBN Nigeria Eurobond (USD) Fund - Institutional 119.53 119.90 8.13% FBN Nigeria Eurobond (USD) Fund - Retail 119.77 120.14 8.61% FBN Nigeria Smart Beta Equity Fund N/A N/A N/A FIRST CITY ASSET MANAGEMENT LTD fcamhelpdesk@fcmb.com Web: www.fcamltd.com; Tel: +234 1 462 2596 Fund Name Bid Price Offer Price Yield / T-Rtn Legacy Money Market Fund 1.00 1.00 10.63% Legacy Debt Fund 3.52 3.52 8.46% Legacy Equity Fund 1.03 1.05 -15.25% Legacy USD Bond Fund 1.06 1.06 3.39% 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 2,948.62 2,975.73 -1.23% Coral Income Fund 2,992.93 2,992.93 9.22% FSDH Treasury Bills Fund 100.00 100.00 12.22% GREENWICH ASSET MANAGEMENT LIMITED assetmanagement@gtlgroup.com Web: www.gtlgroup.com ; Tel: +234 1 4619261-2 Fund Name Bid Price Offer Price Yield / T-Rtn Greenwich Plus Money Market Fund 100.00 100.00 10.91% Nigeria Entertainment Fund 108.40 109.34 0.74% 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 10.00 10.00 12.47%
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 11.68% Vantage Balanced Fund 2.12 2.14 -1.65% Vantage Guaranteed Income Fund 1.00 1.00 15.65% Kedari Investment Fund (KIF) 135.26 135.34 8.22% 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 4.71% Lotus Halal Fixed Income Fund 1,113.76 1,113.76 9.19% 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 9.33 9.41 -12.43% Meristem Money Market Fund 10.00 10.00 11.06% 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 1.27 1.30 3.89% PACAM Fixed Income Fund 11.92 12.02 6.89% PACAM Money Market Fund 10.00 10.00 12.28% 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 122.12 122.17 0.94% 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 1.03 1.03 9.88% 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 2,332.20 2,343.36 0.73% Stanbic IBTC Bond Fund 203.64 203.64 7.10% Stanbic IBTC Ethical Fund 0.81 0.82 -14.21% Stanbic IBTC Guaranteed Investment Fund 264.66 264.76 9.11% Stanbic IBTC Iman Fund 140.07 141.55 -14.17% Stanbic IBTC Money Market Fund 100.00 100.00 11.90% Stanbic IBTC Nigerian Equity Fund 7,382.13 7,460.47 -13.10% Stanbic IBTC Dollar Fund (USD) 1.14 1.14 5.30% Stanbic IBTC Shariah Fixed Income Fund 100.35 100.35 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 1.14 1.15 -2.74% United Capital Bond Fund 1.66 1.66 10.28% United Capital Equity Fund 0.64 0.65 -10.05% United Capital Money Market Fund 1.00 1.00 12.72% United Capital Eurobond Fund 109.23 109.23 8.16% United Capital Wealth for Women Fund 1.04 1.04 4.90% 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 9.68 9.84 -7.50% Zenith Ethical Fund 10.82 10.99 -8.74% Zenith Income Fund 22.19 22.19 9.74% Zenith Money Market Fund 1.00 1.00 11.60%
REITS NAV Per Share
Yield / T-Rtn
5.40 116.88 53.10
-44.85% 5.22% 2.63%
Bid Price
Offer Price
Yield / T-Rtn
8.65 83.40 67.31
8.75 85.21 68.60
-17.88% -28.89% -24.06%
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
3.20 5.15 11.43 10.88 147.03
3.24 5.23 11.53 11.08 149.03
-19.94% -32.24% -21.66% -11.90% 11.41%
NAV Per Share
Yield / T-Rtn
108.34
17.40%
INFRASTRUCTURE FUND Fund Name Chapel Hill Denham Nigeria Infrastructure Debt Fund
The value of investments and the income from them may fall as well as rise. Past performance is a guide and not an indication of future returns. Fund prices published in this edition are also available on each fund manager’s website and FMAN’s website at www.fman.com.ng. Fund prices are supplied by the operator of the relevant fund and are published for information purposes only.
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TUESDAY, ͚͸˜ ͺ͸͚Π˞ T H I S D AY
SPECIAL REPORT
100 DAYS IN THE SADDLE...
IMO
Ihedioha: Rebuilding a Devastated State in Spite of Distractions Obinna Chima
Limited, the special purpose vehicle for Nigeria National Integrated Power Projects (NIPP), due to the importance of electricity to drive the small and medium-scale industries and to boost the state economy that the governor decided to place premium of power. According to him, over 700 communities in the state do not have electricity for the past eight years and therefore to break the shackles of darkness across and promote SMEs in the state, the governor wants to spur the economy of the state. Okorogu maintained the need to use wasteto-power (WTP) as source of renewable energy would help to solve the epileptic power supply in the state. “The governor, Hon. Emeka Ihedioha, wants to provide power to the rural dwellers that are denied the national grid to power their enterprises�, he said. He assured investors that the state is not interested to exploit but to provide the enabling environment for businesses to thrive, so that both government and investors would benefit.
The former Deputy Speaker of the House of Representatives, Hon. Emeka Ihedioha, has in his first 100 days in office tried to position himself as a man who is on a mission to reposition the state. He has tried to sustain the trust and confidence the citizens reposed in him with their votes in the March 9, 2019, gubernatorial election in the state. Truth be told, Ihedioha, on May 29, 2019, inherited a state that for eight years reeled under bad leadership and weird policies by the immediate past administration. There are also allegations of wide-scale looting of public treasury carried out by the Rochas Okorocha’s administration as well as a legacy of poorly -constructed buildings, bridges, roads and other infrastructure scattered across the state that the past administration claimed to have built with humongous amount of monies, which now need urgent attention to ensure public safety. Nevertheless, the manner in which the Ihedioha-led administration has been going about the probe into the activities of the immediate past administration might end up being a distraction to the government.
Conclusion
Governance and Workers’ Welfare Immediately after his inauguration, Ihedioha set up a Transition Technical Committee (TTC), which worked and provided the guiding template for what he described as his rebuilding Imo project. The TTC comprised some of the best intellectuals, technocrats and professionals. They provided the framework for the administration. Ihedioha believes that for the government to effectively deliver the dividends, it must have the right human capital in various ministries, departments and agencies in the state. The state government disclosed that its civil servants now receive full salaries while it revealed that verification of pensioners, who were last paid in 2015, would soon be completed.
Ihedioha
Road Construction Also, in line with the 100-day celebration, the governor recently announced the commencement of the rehabilitation of 16 major roads in the three senatorial zones of the state. The governor’s Special Assistant on Research, Ogubundu Nwadike, said the state government had recorded over 20 accomplishments in its first 100 days.
Power Sector As one of the cardinal points of his
administration, Ihedioha in the last 100 days has established an independent power agency, otherwise called Imo State Power and Rural Electrification Agency (I-POREA) to light up communities. The bill for the setting up of the agency has been passed by the Imo State House of Assembly and signed into law by the governor. The I-POREA bill was the eight executive bill signed by the governor within the first 100 days of his administration. According to the Director General of the agency, Dr. Albert Ogugua Okorogu, who was until recently, the Executive Director, Networks, Niger Delta Power Holding Company (NDPHC)
As stated earlier, Ihedioha must not allow his desire to review the activities of the immediate past administration to overshadow his pledge to rebuild Imo State. While this writer is not against the idea to probe the past administration, the governor must understand that he has less than 1,300 days to the end of this administration and so should occupy himself more with activities that would transform the state. Imo has a lot of bad roads, both in the state capital and the rural communities which he must take steps to address. Ada Palm Nigeria Limited, a plantation for palm kernel cultivation and production located in the Ohaji/Egbema area of the state used to be a source of employment in the state until it was damaged by the Okorocha administration. If given the desired attention, the facility can be used as a plank for the diversification of the state’s economy and revenue base.
YOBE
Buni: Staying the Course of His Predecessor Michael Olugbode in Maiduguri Having been diligently following the progress the state was making before he came on board, Alhaji Mai Mala Buni knew that all he needed to do upon his election and swearing-in was to sustain and build on the legacy of his predecessor, Senator Ibrahim Gaidam. And this he is doing religiously. Though the people of the state feel that 100 days are not enough to measure how he has fared, it is a sign of what to expect as his administration progresses.
heart is security and protecting the people. Having on many occasions been victims of Boko Haram attacks, and the fact that the state shares boundary with Borno State, the theatre of Boko Haram insurgency, the governor hardly sleeps with his two eyes closed. To checkmate the insurgency, the governor has been motivating security agencies by donating equipment such as communication gadgets, patrol vehicles and allowances, among others, to boost their morale. Local vigilance groups are also on the state payroll to assist the security agencies in securing the state.
Security
Education
One area that is dear to the governor’s
The governor set out his task on this path
as few weeks into his administration, he declared a state of emergency on primary and secondary education, which he believes would shape the education sector and its products. By July 1, 2019, a month after the declaration, there was an education summit in the state, where experts, parents, traditional rulers, administrators and other concerned professionals gathered to meet minds on the state of education in the state and proffer solutions. The summit gave birth to a working committee, called the Technical Committee, which will chart a path for the rejuvenation of education in the state. After working for several weeks, and visiting many schools with talks to relevant stakeholders, the committee came up with recommendations, which the governor has approved. Many are now on the lookout for an improved education sector.
Agriculture In the area of agriculture, the governor is moving to review the sector with a plan to hold another “Yobe Agricultural Retreat� from the 16th to 19th of September 2019, where stakeholders will be assembled with the aim of tapping from their wealth of experiences as the governor plans to build agriculture to a viable industry. The governor has dedicated a large part of his first 100 days in office to planning, strategising and soliciting counsel on government policies. He has ordered the sale of fertiliser to farmers at affordable rates. In conjunction with the local government councils, he has also procured 100 tractors for use by farmers.
Housing Buni
Buni has entered into a partnership agreement with a housing finance firm called Family
Homes Funds Ltd to build 3,600 lowincome housing units across all the 17 local governments of the state. Having struck the deal, to show that the project is real, the foundation of the houses has been laid and apart for provision of shelter, the construction is expected to create thousands of jobs.
Infrastructure The governor, in another partnership deal with the Nigerian Shippers’ Council, has embarked on the building of a modern trailer park in Potiskum, the commercial nerve centre of the state. The trailer park, which has already been allotted 50 hectares of land, will be built under the Private Public Partnership (PPP) arrangement. The park will also have a mechanic’s village, hotels, fuel stations, among others and is projected to create over 5,000 direct jobs. Buni is also said to be exploring a partnership with the Sukuk Fund to build the first modern market in Damaturu. And he has the ambition of replicating this in Potiskum, Gashu’a, Nguru, Gaidam and Buni-Yadi towns. Work is equally ongoing in the area of road construction and rehabilitation.
Youth Empowerment The governor is reported to be looking beyond the shores of Nigeria for collaboration in developing the state. He is collaborating with the Kingdom of Morocco and entities in that country for youth empowerment as he plans to bring the wealth of the North African country in embroidery, and traditional wears to the state. The plan is to train Yobe youths in arts and crafts to support them to become self-reliant. Many of the governor’s plans may be at infant stage but things are definitely looking up.
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TUESDAY, ͚͸˜ ͺ͸͚Π˞ T H I S D AY
SPECIAL REPORT
100 DAYS IN THE SADDLE... LAGOS
Sanwo-Olu: Delivering on Promise of Greater Lagos Eromosele Abiodun After the tumultuous exit from office of his predecessor, Akinwunmi Ambode, the task of resetting Lagos State, the economic nerve centre on the country, was a task only someone prepared for the job will embrace smiling. And the new governor of Lagos State, Babajide Sanwo-Olu, has not disjointed anyone to a large extent. As a matter of fact, the governor hit the ground running from day one. On the morning of May 30, 2019, an important meeting was held at Government House in Lagos. Sanwo-Olu, who was sworn in less than 24 hours earlier, arrived hours early to prepare for this all-important meeting, which was his first major task in office. The result of the meeting was the signing of an executive order, which fired a volley at three major problems facing Lagos: Sanitation, traffic congestion and infrastructure. Over the past 100 days, Sanwo-Olu has shown promise and raised the hope of many Lagosians who had given in to despair. As promised during his electioneering, the list of cabinet members has been delivered by the governor to the state House of Assembly for consideration, roads are being renovated across the state, drainages are being cleaned up, schools are being evaluated to bring them in tandem with the demands of the 21st Century and Lagos is cleaner. Indeed, the last 100 days have seen Sanwo-Olu traversing Lagos in a bid to deliver on his promise to Lagosians. No doubt, the task of setting Lagos on the path of sustainable development remains daunting, but there is an air of hope and early signs of steady progress. For instance, Lagos was neck-deep in dirt and filth when Sanwo-Olu took over, but less than two months after, the state is much cleaner. The last 100 days have seen Sanwo-Olu intervene in strategic areas that were highlighted in his intervention blueprint, a plan, which is designed to deliver a “greater Lagos.�
Health and Environment On September 3, 2019, just 97 days after the governor was sworn into office, he inaugurated a 110-bed Maternal and Child Centre (MCC) at Ajah, Eti-Osa Local Council Development Area (LCDA), a testament to his commitment to health care, maternal health and children. But beyond buildings and rehabilitation of infrastructure, the state government has taken some bold steps to directly intervene in areas of concern and pressing needs in the health sector. In the first week of August 2019, it flagged off Free Medical Mission targeted at 21,000 children and adults in partnership with the Babajide Olusola
allocation for education from 12.07% to 18% to accommodate STEM education statewide. He has already demonstrated his commitment to that promise. A comprehensive assessment of schools in Lagos is ongoing with the purpose of determining the immediate needs of the institutions so as to properly budget. Last Tuesday, a 12-block classroom for Junior Secondary School was unveiled for use at Ajah, Eti-Osa Local Council Development Area (LCDA). Beyond infrastructure, the administration will soon hire trained teachers to strengthen quality of education in its schools. According to the governor, the administration will spare no effort at ensuring quality teaching in all state-owned schools. The goal is to establish 300 fully equipped and functional computer laboratories in secondary schools across Lagos while imbibing long term maintenance culture. The ultimate goal is to develop an educational system that can provide skills that will meet the needs of the 21st Century economy. This is being done by prioritising STEM education, technology adoption and adoption of trainings related to artificial intelligence.
The Economy
Sanwo-Olu Sanwo-Olu/Kadiri Obafemi Hamzat (BOSKOH) Lagos Healthcare Mission International. The medical mission is part of efforts to improve the quality of health of Lagosians, especially children. Interestingly, over 21,000 people were screened at seven centres over a period of six days under the programme. Also, 802 residents have successfully undergone pediatric eye surgery, adult eye surgery, pediatric surgery, dental surgery, orthopaedic surgery and Ear, Nose and Throat (ENT) surgery. Another 615 persons booked for various surgeries, making it a total of 1,417 free surgeries carried out through the health mission. The environment has also received attention because it is an enabler of good health. The governor has prioritised sanitation, drainages and beautification. He directed the Office of Drainage Service in the Ministry of the Environment to commence aggressive clearing of all secondary and tertiary drainage systems across the state to ensure the free flow of rain water during the rainy season, few days after he was sworn in.
Housing As part of measures to improve the environment and living conditions, the governor inaugurated the Igando Housing Estate started by former Governor, Babatunde Fashola, under the Lagos
Homes Ownership Mortgage Scheme last Tuesday. Sanwo-Olu, who led members of the State Executive Council to open the 492-flat housing project, said he prioritised the completion of the estate to recover state resources committed to the project.
TrafďŹ c Management and Transportation The first step Sanwo-Olu took to curb the terrible traffic congestion in Lagos was to immediately address road infrastructure. Although this remains work in progress, at least 105 roads have received facelift in the last 100 days. The list of roads includes the 7km-Agric-IshawoKonu-Asolo-road, Coker Road, Ilupeju-Mushin, Ketu Roundabout-Epe by Oke-Osho inward Ketu Epe, lkotun lgando road by lgando Community Junior Secondary School to College Road Junction, Aromire Avenue, Ikeja, Lagos-Badagry Expressway as well as Pen-Cinema Bridge. All of these roads, among many others, have either been paved and remodeled, upgraded or received remedial upgrade. These exercises have touched several parts of the state from Badagry to Lagos Island, from Epe to Ikorodu.
Education and Technology Sanwo-Olu promised to increase budgetary
While THEME is designed to drive economic resurgence and create jobs, Sanwo-Olu has taken steps to stimulate economic growth and drive development. Last Wednesday, the governor launched ‘LSETF W-INITIATIVE,’ an initiative designed to provide funding for women entrepreneurs in Lagos to achieve their growth objectives and create jobs for young people. The initiative is a special intervention fund contributed between the Lagos State Employment Trust Fund and Access Bank Plc, to provide access to affordable finance for female-owned businesses. It is set to target between 5,000 and 10,000 women drawn from across the state.
Roads and Infrastructure One critical area Lagosians want the governor to improve is roads and decaying infrastructure. As a matter of fact, most Lagos roads have totally collapsed. For instance, the Isolo-Ejigbo road has totally failed with commuters spending hours on the road. Mushin-Idi Oro and Olosha has also failed. So also is Ipaja Road, Badagry road and most intercity roads. Stakeholders have therefore called on the governor to take urgent steps to fix the roads to reduce the pains and agonies that commuters are subjected to daily on roads, which qualify to be described as death traps.
ZAMFARA
Matawalle: In Pursuit of a Secured State
Obinna Chima
The biggest headache for Zamfara State Governor, Mohammed Bello Matawalle, is how to restore peace and security to the state. Matawalle, a Peoples Democratic Party (PDP) Governor, who assumed office after the Supreme Court nullified votes cast for the All Progressives Congress (APC) because the party failed to conduct primary elections for all candidates in the state, has continued to explore all options to make sure the state is permanently secured. He has in the last 100 days displayed determination to stem the tide of crime and criminality in Zamfara State. For him, the security of lives and properties ought to be the overriding pre-occupation of everyone in the state, which is why he has been appealing for the cooperation and support of everyone in the state since he assumed office, in his quest to end criminality in the state. “We cannot fold our hands and watch terror attacks and kidnappings envelop the once most peaceful state in the whole federation,� he stressed. Owing to this unfortunate development, Matawalle and two other northern states governors Aminu Masari of Katsina, and Aminu Tambuwal of Sokoto, recently signed a jointly Memorandum of Understanding (MoU) with the Governor of Maradi Region in Niger Republic on best approaches to addressing the security challenges in their domains.
Agriculture The Governor celebrated his 100 days in office with the official foundation-laying of Ruga settlement. He disclosed that his government would spend N8.631 billion for the construction of modern Ruga settlements in the state. Matawalle, said
each of the three pilot Ruga settlements, which would be situated in each of the three senatorial districts, would cost N2.877 billion. According to him, each settlement will be fitted with 210 two and three bedroom houses, western and Islamiyya schools, earth dams, grazing land and mosques. Other facilities to be provided will include police stations, 130 shops and mini markets, livestock markets, diary collection and social centres, roads and drainages among others. According to the governor, the activity would also witness medical outreach to both Fulanis and their animals throughout the state.
Industrialisation Also, in his first 100 days in office, the Zamfara State government under the leadership of Matawalle and the Afreximbank, signed a deal to support the industrialisation of the state. Under the agreement, the bank would invest the $1 billion with no counterpart funding from the government. The Governor listed areas the memorandum of understanding would cover to include solid minerals, agriculture, textile development, healthcare, airport construction and power generation. Matawalle, further said the government would ensure diligence, due process and accountability in implementing the agreement. He noted that improvement in the state economy would translate to more internal revenue and more job opportunities for the youths. He, however, said Zamfara government would provide the enabling environment for investors expected to tap from the fund. During the signing ceremony, Matawalle expressed confidence that the agreement would soon change Zamfara State to an enviable economically developed role model
Matawalle in Nigeria and Africa.
Airport Project Also, in his first 100 days in office, Matawalle disclosed plan to commence construction work on the Gusau Airport project. He said the airport project was one of the several projects to be executed under the Public-Private Partnership (PPP), arrangement for which the $1 billion was approved by Afreximbank. According to him, the arrangement would not cost the state government any money, explaining that the state government would only ensure the provision of a conducive
environment for the smooth execution of the project. He advised the contractors handling the project to source their labourers and the building materials locally. “We have the manpower you will need. Our engineers will join your workers so that a qualitative job will be executed in record time,� the governor said.
Conclusion Considering the present challenges in the state, there is need for all stakeholders and groups to support efforts to restore peace in the state.
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TUESDAY SEPTEMBER 10, 2019 ˾ T H I S D AY
NEWSEXTRA
Six Abducted in Kaduna as Bishop’s Children Freed after 34 Days in Captivity John Shiklam in Kaduna Kaduna State Chapter of the Offa Descendants Union (ODU) yesterday raised alarm over the abduction of six of their members along the Kaduna-Abuja road on Sunday. This was coming as two children of Bishop Levi Onyeador of Prayers Palace Ministries, Kakuri in Kaduna, who were abducted by bandits have been set free after 34 days in captivity. Also released were two other people abducted weeks ago when they went to deliver the ransom for the release of the Bishop’s
children. A source closed to the family of the Bishop said the children: Funmilayo (19) and her brother, Eric (9), were released by their abductors on Sunday evening, alongside two others after the payment of yet another ransom. Funmilayo and Eric were said to have been abducted on August 4, 2019, when bandits invaded their home in Kakau Village, along the Kaduna-Abuja road in the night, about fourkilometre away from Kaduna metropolis. The source said their release was a big relief for the family who had been
Insecurity: 657 Corps Members Seek Redeployment from Borno Francis Sardauna in Katsina As a result of growing insecurity in Borno State orchestrated by increased attacks by Boko Haram insurgents, 657 National Youth Service Corps (NYSC) members deployed to serve in the state have applied for relocation from the state. The 657 corps members were among the 844 posted to the state under Batch ‘B’ Stream II to undergo one-year compulsory service. The state NYSC Coordinator, Mr. Rabiu Aminu, disclosed this yesterday at the closing ceremony for 2019 Batch ‘B’ Stream II corps members, held at Borno State temporary Orientation Camp at Government Science Secondary School in Batagarawa, Katsina State. He said those who applied for relocation gave medical or marital reasons, assuring that no corps member would be posted to communities of high security risk. Aminu explained that while NYSC accommodated relocation on health and marital grounds, the scheme encouraged corps members to accept their postings in good faith. In his remarks, Borno State
Governor, Prof. Babagana Zulum, affirmed that the state government has embarked on numerous programmes such as reconstruction, rehabilitation and resettlement aimed at complementing federal government’s effort of tackling terrorism and other forms of criminality in the country. Zulum, represented by the state Chairman, NYSC Governing Board, Dr. Barka Amaza, said success recorded by both state and federal governments in the war against insurgency was to bring the state back to its former glory of peace and development. “The utilisation of corps members in the educational, health and basic infrastructure to our communities has contributed immensely towards rehabilitation and reconstruction of the various sectors of our socio-economic life, which was nearly crippled by the insurgency problem that engulfed the state for nearly a decade now. “I urge you to summon courage to come and stay in Borno and you will understand the fact that the security situation of the state is not bad as it is being propagated by some media,” he said.
Oshiomhole Decries Unending Rift in Rivers APC The National Chairman of the All Progressives Congress, (APC), Mr. Adams Oshiomhole, yesterday expressed regret over the party’s rift in Rivers State which led to the rejection of its candidates in the 2019 general election. Speaking at the inauguration of the APC caretaker committee for Rivers State, Oshiomhole said the Supreme Court’s judgment left the party in the state with no formal party structure. The five-member committee is headed by Isaac Ogbobula. Other members are Mr. Friday Owhor, Mrs Beatrice Amobi, Prince Abolo Stephen and Mr. Baridon Badom (secretary). According to Oshiomhole, “for almost over a year, the Supreme Court resolved the leadership of the
APC and nullified all the ward congresses and local government congresses and the state congresses.“This has left us with a complete void in Rivers State to the extent that we do not have formal party structures, even though we know how overwhelming the APC support base is in Rivers State. But that is not a substitute for formal structure. “As a consequence of the Supreme Court ruling, the NWC has decided that it is time we started the process of rebuilding the party in Rivers State. “We necessarily need a state-based organ to be able to assist those who will carry out the conduct of the ward, local government and the state congresses, which will last a period of about two weeks.”
emotionally traumatised since they were abducted. “About two weeks after the children were abducted, we raised the money the kidnappers were demanding for as ransom after negotiations. “Unfortunately the two people we sent to deliver the ransom were also abducted after delivering the money to bandits. “They started demanding for another ransom which we paid before they were released. We glorify God for their safe return, the situation was traumatising. We thank God for answering our prayers. “We pray that the authorities will find lasting solution to the
menace of kidnapping in Kaduna state and other parts of the country,” the source said. Kaduna State Chairman of the Christian Association of Nigeria (CAN), Rev. Joseph Hayab, who confirmed their release, called for ”continuous prayers against the evil that has befallen the country.” ”Bishop Onyeador’s children and two others who went to pay ransom were released yesterday (Sunday) in the evening. You can imagine the physical and psychological trauma they may have been subjected to while in captivity! ”This is sad. We will continue to pray against the evil that has
befallen our country. We will also continue to ask government to take urgent steps to address the spades of criminality kidnapping and banditry across the country, especially the wave of kidnappings in Kaduna state” he said. Meanwhile, ODU has expressed deep concern over the abduction of six of its members on Sunday along the Kaduna -Abuja road. ODU, in a statement yesterday in Kaduna by its Public Relations Officer, Maruf Olalekan Ajenifuja, said the victims were traveling from Offa in Kwara State to Kaduna when bandits abducted them
around Rejana Village on the Kaduna-Abuja Expressway. He said the union was making efforts to secure the release of the victims. “This worrisome incident happened at Rejana along Abuja-Kaduna Expressway thereby throwing many families into period of sorrow. “ODU has waded in and efforts are in top gear to secure the release of the victims and we hope they would be released soonest by the special grace of God,” the statement said. Spokesman of Kaduna State Police Command, Yakubu Sabo, did not respond to a message sent to him on the incident.
FEELING THE PEOPLE’S PAINS …
R-L: Governor Dapo Abiodun of Ogun State; his deputy, Mrs. Noimot Salako-Oyedele; and Mr. KA Ademolake, during the inspection of the ongoing construction of Opako Bridge along Adigbe in Abeokuta…recently
PDP Loses House Seat to APC Candidate in Ebonyi Benjamin Nworie in Abakaliki A National Assembly Election Petition Tribunal sitting in Abakaliki, Ebonyi State capital, yesterday declared the All Progressives Congress (APC) candidate for Ezza South/Ikwo Federal Constituency, Chinedu Ogah, as the winner of the February 23 National Assembly elections in the state.
The Independent National Electoral Commission (INEC) had declared Peoples Democratic Party (PDP) candidate in the election, Chief Lazarus Ogbee, as the winner of the election. INEC declared that Ogbee polled 31,296 votes, while Ogah got 27,700 votes. Dissatisfied with the results, Ogah proceeded to the tribunal, alleging that there were
deductions of his votes in some of the polling units and wards in the election and should be declared winner of the election. The tribunal, which restored the said cancelled votes in the election, declared that Ogah scored the lawful votes and was validly elected. Chairman of the tribunal, Justice Sika Henry, ruled that from evidences presented before
the tribunal to back up his claim, Ogah scored 36,238 votes in the election, while Ogbee got 33,263. Ogah said the tribunal has restored the mandate of the masses who voted for the APC during the election. Meanwhile, the PDP candidate said he would appeal the judgment and reclaim his mandate, adding that he remained strong.
Finally, Imo Signs up to Open Budget System The Governor Emeka Ihediohaled Imo State Government has commenced an open budget system in order to bring transparency to the people of the state. This was disclosed yesterday by the state Commissioner for Budget and Economic Planning, Mr. Reginald Ihebuzor, in an interview with journalists in his office. He explained the need for
Imo citizens to be part of the state budget system, adding that it makes also for transparency and accountability which are part of the cardinal policy of the administration. Ihebuzor revealed that during the immediate-past administration in the state, people were in the dark about the budget system and the results of the audits of the state government accounts. He went further saying:
“Unlike the administration of Rochas Okorocha, the administration of Ihedioha has resolved to always maintain the policy of transparency and accountability.” The commissioner revealed that however, from last Friday, his office had engaged the Office of the Auditor-General to look at accounts between 2013 and 2018. He directed the budget office of his ministry to go ahead and
make public their accounts of past years so that Imo citizens would know what was being budgeted for and how their funds were spent. Continuing, the commissioner noted that the reason Okorocha’s administration did not release audited accounts for the past years was “because he (Okorocha) had operated a lot of fiscal issues under secrecy for the purpose of misappropriating the state fund.”
Alive & Thrive Selects Maximedia Global as Media Agency Alive & Thrive, a global nutrition intervention initiative focused on prevention of illness, ensuring healthy growth of children and well-being mothers has announced the selects of Maximedia Global Limited as its media buying agency. Maximedia Global Limited came tops in multi-agency pitch process that started in December
2018 and involved other renowned media buying agencies. By this selection, Maximedia Global will be responsible for proffering media strategy in promoting and amplifying the various project type initiatives and campaigns of the organisation aimed at promoting early Initiation of Breastfeeding, Exclusive Breastfeeding, and Dietary Diversity amongst infant
and young children across major electronic platforms across Nigeria. For an agency renowned for its innovative strategies and deft execution of media campaigns, the account win is a further testament of its professionalism and expertise as its recorded growth in the last few years has been fueled by a combination of organic growth from existing clients and the
addition of new clients to the roster. Managing Director, Maximedia Global, Femi Adefowokan, expressed delight on the win and stressed that the agency would leverage its creative strategies, robust media network and expertise to deliver exceptional value to Alive and Thrive’s campaign initiatives.
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Tribunal Upholds Tinubu’s Election Victory as Lagos Senator Akinwale Akintunde The State and National Assembly Elections Petition Tribunal sitting in Ikeja, yesterday upheld the election of Senator Oluremi Tinubu of the All Progressives Congress (APC) for Lagos Central Senatorial Constituency. In a unanimous ruling which lasted for about seven hours, the three-man panel that was chaired by Justice Kunaza Hamidu, and assisted by Justice W.R. Olamide and Justice S.I. Okpara, dismissed the petition filed by Adesunbo Onitiri of the Peoples Democratic Party (PDP) on the ground that the petitioner failed to establish any prima facie case against Mrs. Tinubu. The tribunal, in its judgment, held that “the petition lacked merit and is hereby dismissed. The declaration of Senator Oluremi Tinubu by INEC as winner of February 23 National Assembly election is hereby affirmed.” The Independent National
Electoral Commission (INEC) had declared Mrs. Tinubu winner of the February 23 election in Lagos Central Senatorial District. The Returning Officer, Prof. Oyeyemi Oyedola of the University of Lagos, said Mrs. Tinubu polled 131,735 to defeat her Onitiri in that election. Not satisfied with Mrs. Tinubu’s victory as declared by INEC, Onitiri filed the petition against the senator, APC and INEC challenging the result of the Lagos Central Senatorial District election over alleged irregularities. Onitiri alleged in the petition filed by his lawyer, Onome Akpeneye that INEC wrongly declared Mrs. Tinubu as the winner of the polls with 131,725 votes, while he was said to have scored 89,107 votes. The petitioner claimed that the INEC ought to have declared him the winner of the election instead of Mrs. Tinubu, claiming that he scored the highest lawful votes cast at the election.
Onitiri further alleged that the results declared by the INEC was fraught with votebuying, violence, over-voting, inducement of voters with monetary and material gains as well as campaigning and lobbying voters on the day of election.
Responding to the allegations through their lawyers, Ezekiel Ashade and Busayo Onabanjo, the respondents, Mrs. Tinubu, APC and INEC prayed the tribunal to dismiss the petition with substantive costs on the ground that it was a mere lies. During trial, Ashade filed two
applications on behalf of Senator Tinubu and APC while Onabanjo filed one application for INEC, in which they objected to certain paragraphs in the petition and urged the tribunal to strike them out as they were vague and lack substance.
The tribunal granted the prayer of the respondents and struck out the ‘offensive’ paragraph and concluded that the National Assembly elections from which Mrs. Tinubu emerged winner was held in accordance with the electoral act and other relevant laws.
Shell Decries Crude Theft, Vandalism in Niger Delta With a daily loss of about 10,000 barrels of oil from its pipelines to crude oil theft, Shell Petroleum Development Company of Nigeria Limited (SPDC) has cried out for help from government, communities and other stakeholders to stem the incessant attack on oil assets in the Niger Delta. “These are critical national assets with 55 percent government interest and they produce the crude oil that accounts for over 90 per cent of Nigeria’s foreign exchange and the bulk of government revenue. Hurting these assets means hurting the nation’s revenue, the economy of the states, the health of the people and the environment,” SPDC’s General Manager External Relations, Igo Weli, said yesterday at a media workshop on Pipelines Right of Way Encroachment and Vandalism held in Port Harcourt, Rivers State capital. “Crude oil theft on the pipeline network resulted in a loss of around 11,000 barrels of oil a day in 2018, which is
more than the approximate 9,000 bbl/d in 2017, Weli said, adding that since 2012, SPDC had removed more than 1,160 illegal theft points on its joint venture pipelines in the Niger Delta. In its June 2019 monthly report, Nigeria National Petroleum Corporation (NNPC), which controls Nigeria’s 55 percent interest in the SPDC JV said there was a 77 per cent rise in oil pipeline vandalism and that 106 pipeline breaches were recorded in June, up from 60 in May. Weli said SPDC was concerned about the lives and safety of those involved in pipeline vandalism and crude theft just as the company was concerned about the environment. “As a responsible organisation, we put safety first and have constantly made this appeal to those involved in crude theft in the Niger Delta to stop destroying their land and heritage from the spill and pollution arising from their activities.”
Buhari Appoints New Secretary for NDLEA Chinedu Eze President Muhammadu Buhari has approved the appointment of Shadrach Usman Haruna as the new Secretary of the National Drug Law Enforcement Agency, (NDLEA). He replaces Mrs. Roli Bode George whose tenure as NDLEA Secretary lapsed in June 2018. The appointment is with immediate effect. Spoksman of the agency, Jonah Acheme said according to the NDLEA enabling Act, CAP N30 LFN 2004, the “Secretary shall be appointed by the President and shall be the head of Secretariat of the Agency, charged with the responsibility of administrative duties, keeping the books, setting agenda and implementing
decisions.” Acheme said Haruna is an accomplished national and international law practitioner. He was until his appointment a Criminal Justice Expert and Legal Adviser in the Commonwealth Secretariat, London. In that role, he coordinated the transnational and international criminal justice work of the Commonwealth Secretariat and led experts and trainers to provide technical assistance to member-countries in diverse areas of justice needs. These include, but not limited to law reforms, capacity building and institutional strengthening in areas such as money laundering, assets recovery, cybercrimes, virtual currencies, International cooperation, among others.
SEALED AND DELIVERED…
L-R: Governor of Imo State, Hon. Emeka Ihedioha; Chairman, Imo State Financial Advisory Committee, Mr. Abraham Nwankwo; members of the committee, Nick Oarandudu; and Charles Nwogu, during the submission of the interim report on financial status of the state to the governor at the Government House, Owerri…recently
Elections Tribunal Upholds Ekwunife, Ubah Victories David-Chyddy Eleke The Elections Petition Tribunal sitting in Awka, Anambra State, yesterday upheld the victories of Senator Uche Ekwunife and Senator Ifeanyi Ubah at Anambra South and Anambra Central senatorial districts elections held on February 23. Senator Victor Umeh of the All Progressives Grand Alliance (APGA), had approached the tribunal challenging the
declaration by the Independent National Electoral Commission (INEC), that Ekwunife of the Peoples Democratic Party(PDP) won the election. Also, Senator Andy Uba of All Progressives Congress (APC) and Chief Chris Uba of the Peoples Democratic Party (PDP), had approached the tribunal challenging the declaration by the INEC that Senator Ifeanyi Ubah of the Young Progressives Party
(YPP) won the said election. The petitioners prayed the tribunal to set aside the declaration of the electoral body on the grounds of irregularities and over writing of the election results. Delivering its judgment, on the candidacy of Ekwunife , the tribunal ruled that the case was a pre-election matter and did not fall within the jurisdiction of the tribunal.
It ruled that the petitioner had no locus standi to question the candidacy of Ekwunife at the tribunal, adding that Umeh should have approached the Federal High Court on the matter. On the petition filed against Senator Ifeanyi Ubah by Chris Uba, the tribunal said that the petitioner could not prove the allegations leveled against the respondent.
Tribunal Affirms El-Rufai’s Victory John Shiklam in Kaduna A Governorship Election Petition Tribunal sitting in Kaduna, Kaduna State has upheld the election of Governor Nasir el-Rufai of the All Progressives Congress (APC) as the winner of the March 9 governorship election. The Peoples Democratic Party (PDP) and its candidate, Ashiru Isa, had filed a petition before the tribunal, challenging the
declaration of el-Rufai by the Independent National Electoral Commission (INEC), as winner of the March 9 governorship election on the grounds that the election was flawed with fraud and irregularities. The PDP had in its final written address asked the tribunal to cancel a total of 515,951 votes, which it claimed were unlawfully added to the APC as well as 124,210 unlawful votes, which it said were also added to the PDP,
through wrong or double entry on the result sheets by INEC. The petitioners had called 135 witnesses out of the 685 they assembled to prove the alleged massive rigging, ballot stuffing and other irregularities during the election. However, in a unanimous decision, the tribunal headed by Justice Ibrahim Bako declared that the petitioners failed to prove their allegations beyond reasonable doubt that there was
massive irregularity during the election. The tribunal maintained that the petitioners did not provide any factual proof that the INEC was wrong in returning el-Rufai as duly elected governor of Kaduna State and therefore, dismissed the petition, saying it lacks merit. Reacting to the judgment, state PDP Chairman, Mr. Hassan Hyat, said the party would appeal the decision of the tribunal.
Bridge Linking Ogun Communities to be Ready Soon, Says Gov Abiodun The Ogun State Governor, Prince Dapo Abiodun has assured residents of Adigbe-Opako and environs in Abeokuta that the bridge linking the two communities will be completed soon. Abiodun, who gave the assurance while inspecting the project recently, said it would have been completed by
now, but for some necessary modifications done on the bridge, to carry large volume of water during heavy rain. “We had to make some adjustments to the original design to accommodate large volume of water when there is heavy rain. Work done here before was not enough to stop flooding. We believe that with
what is being done now, the problem of perennial flooding in this area will be a thing of the past. He further said it was the urgent need to resolve the flooding problem that informed the necessary modifications. “I want to assure our people that we will do a thorough job and the flooding problem
will be a thing of the past. By God’s grace, this bridge will be ready before our children resume school,” the governor assured. While calling on the people to be patient for a thorough job, Abiodun urged them to continue to support his administration to serve them better.
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Terrorists Held in Detention, Not Children, DHQ Tells HRW Kingsley Nwezeh in Abuja The Defence Headquarters (DHQ) yesterday said that only profiled terrorists belonging to the Islamic State for West African Province (ISWAP) and Boko Haram are held in its detention facilities in the North-east and not children. In a pre-emptive statement issued yesterday by the Acting Director, Defence Information (DDI), Col. Onyema Nwachukwu, the DHQ alleged that the Human Rights Watch (HRW) was set to release a report accusing the Armed Forces of Nigeria (AFN) of arbitrarily detaining children
in its detention facilities in the North-east. DHQ stated that while terrorist organisations indoctrinate children and women and use them as suicide bombers, the military treats them as victims of war and not suspects. DHQ said terror suspects were held in detention facilities, pending prosecution since the AFN was not vested with the power of prosecution. “The Defence Headquarters has noted with deep concern that while troops of the Armed Forces of Nigeria (AFN) are intensifying effort to ensure lasting peace in the North East, Human Rights Watch (HRW) is set to release
a report accusing the AFN of arbitrarily detaining children in its detention facilities in the North East (NE). “This report is not only false but capable of undermining the joint efforts of the Armed Forces and other security agencies to restore peace in the NE. It is an
established fact that Boko Haram Terrorists (BHTs) indoctrinate women and children who they use as suicide bombers in the theatre of operations,” it said. The statement disclosed that apprehended children were kept in secure places where they were fed and profiled
and deradicalised before being released. “In the conduct of their operations troops arrest these children while attempting to detonate explosives and provide tacit support to insurgents such as intelligence on troops movement and deployments.
“Contrary to HRW claims however, the AFN manages children in the North East theatre as victims of war and not as suspects. Apprehended children are kept in secured places, where they are adequately fed, profiled and de-radicalized before their release”, it said.
FG Runs Five New Ministries with Zero Budget Olawale Ajimotokan in Abuja The five new ministries that were created last month by the federal government are running on a zero budget, THISDAY checks revealed last night. The newly created ministries are Humanitarians Affairs, Disaster Management and Social Development; Police Affairs; Special Duties and International Affairs; Aviation and Power. Some of the ministers, who were sworn in on August 21 by President Muhammadu Buhari, are also without designated offices. Information gathered by THISDAY last night revealed that some of the ministers have been running the affairs of their ministries from make shift offices. For instance, the Minister of Special Duties and International Affairs, Senator George Akume, is reportedly running the ministry from a place near the Ministry of Niger Delta, while the Minister of Humanitarians
Affairs, Disaster Management and Social Development, Hajia Sadiya Umar Farouq, is also running the ministry from the National Commission for Refugees, Migrants and Internally Displaced Persons, which was her last designation as a former federal commissioner before she was appointed a minister. Impeccable sources clarified that the new ministries were created by a presidential fiat and were not captured in this year’s budget. The source added that President Muhammadu Buhari was empowered to establish the new ministries and source for funds for them. THISDAY also scooped that some of the ministers had at different times met with the Secretary to the Government of the Federation (SGF), Boss Mustapha, and the Chief of Staff to the President, Abba Kyari, to draw their attention to their present flight.
Rivers N’Assembly Members Protest Deplorable State of East-West Road Ernest Chinwo in Port Harcourt Members of the National Assembly from Rivers State on Monday took to the streets in protest against the deplorable state of the element section of the East-West Road. Led by the Senator representing Rivers South East senatorial district in the National Assembly, Barinada Mpigi, the members, who carried placards, marched through some parts of the road before stopping at Aleto/Akpajo Bridge at Eleme. Other members of the National Assembly who protested were member representing Khana/Gokana federal constituency, Rt. Hon. Dumnamene Dekor; member representing Obio/ Akpor federal constituency, Hon. Kingsley Chinda; member representing Andoni/Opobo-Nkoro federal constituency, Awaji Inombek Dagomie Abiante; member representing Port Harcourt federal constituency 2, Hon. Chinyere Igwe; member
representing Okrika Ogu/ Bolo federal constituency, Gogo Bright Tamuno, and their counterpart at the state House of Assembly representing Eleme constituency, Hon. Igwe Aforji. They lamented the deplorable state of the everbusy Aleto/Akpajo bridge, stating that the bridge has become very dangerous not just for commuters who on a daily basis ply the road to neighboring Akwa Ibom and Cross River States, but to oil and gas business operators who equally ply their trade at the Indorama Eleme Petrochemical Company, Refineries and the seaport at Onne in Eleme Local Government Area of the state. Addressing journalists, leader of the protest, Senator Mpigi, said: “We are here to draw the attention of the federal government to the deplorable condition of this road (East-West) and the bridge. You know that almost everything that Nigeria has is within us here-two refineries, petrochemical industry and of course, the oil and gas free zone.
COURTESY VISIT…
L-R: Bishop Emeritus of Enugu Catholic Diocese, Most. Rev. Dr. Anthony O. Gbuji; Enugu State Governor, Hon. Ifeanyi Ugwuanyi; and Personal Secretary of Bishop Emeritus of Enugu Catholic Diocese, Rev. Fr. Callistus Anieke, when the governor paid a courtesy visit to His Lordship at the Bishop’s Court, Emene, Enugu…yesterday
Group Begs Ugwuanyi to Fix Dilapidated Road in Enugu Community Hamid Ayodeji A group of journalists in Enugu State known as Advocates for Good Governance, has appealed to the state Governor, Hon. Ifeanyi Ugwuanyi, to rescue the people of Umuitodo Obollo Nkwo community in Udenu Local Government Area (LGA) of the state from hardship being experienced due to the deplorable state of the only access road to the community. The group in a letter addressed to the governor, which was made available to THISDAY, said the residents of Umuitodo Obollo Nkwo “are in a deep mess right now as
the only road leading to the community has been totally destroyed by erosion, thus cutting off the community from Enugu State” According to them, “this road in question is the only road linking Obollo Afor, Ogwu, Amala, Umuitodo and Obollo Eke. The road is estimated to be within the range of 22 kilometres. Aside putting a halt to the movement of the residents of the community, the lives and property of the residents of this particular area are equally in a great danger as the erosion is fast encroaching into their buildings. “We therefore implore your
Excellency to come to their rescue and save them from this great doom that has posed great threat to their lives and comfort”. The group, however, reminded the governor of his statement at a session where he was quoted as saying that “we are done with elections, there’s nothing like this person belong to party A and the other to party B. We are now one, pursuing the same purpose of good governance.” “We were very much saddened by the pretentious, selfish and hypocritical act of many Udenu leaders. We asked ourselves why didn’t they allow the governor to pass
through Ogwu Road leading to Umuitodo the last time he visited Udenu? Why didn’t they allow his Excellency to feel the pains by witnessing the agony the people of Umuitodo with a population of over 50,000, encounter daily while struggling to escape the countless death traps that have disfigured the road?” the group queried. “Umuitodo boasts of the worst road in Enugu State. Umuitodo has been cut off from Enugu State; Umuitodo has become part of Benue State, yet Udenu leaders pretend that all is well,” the group lamented.
NYSC Uncovers Eight Corps Members with Fake Certificates in Kano Ibrahim Shuaibu in Kano The National Youth Service Corps (NYSC) in Kano State has barred eight intending national youth corps members from enlisting in the NYSC scheme over allegation of fake certificates, claiming that they could neither express themselves nor defend their certificates. This was disclosed by Kano State NYSC Coordinator, Ladan Baba, who urged the federal government to, as a matter of urgency, find ways of addressing rampant cases of fake certificates. He said the trend is highly
inimical to development of the country’s educational system. Speaking yesterday at NYSC permanent site in Kusalla of Karaye Local Government of the state at the closing ceremony for the 2019 Batch “B” stream 11, disclosed 1592 out of 1,700 prospective corps members deployed to Kano State were registered. “More worrisome is the fact that some of them do not undergo any academic pursuits, but obtained certificates through illegal means with allegations that some did so in Kano and environs. “This, undoubtedly, require urgent action by
the government and the good people of Kano in collaboration with the dogged security agencies in the state to checkmate this ugly trend that will affect us negatively,” Baba said. He also called on corps members to be focused on ways they could contribute positively to nation building and do away with the desperation to acquire fake certificates as there is no shortcut to education. In his address also, the Governor of Kano State, Dr. Abdullahi Umar Ganduje, who was represented at the occasion by the State’s Deputy Governor, Dr. Yusuf Gawuna,
said the government would continue to ensure adequate security in the state and live up to its statutory responsibilities to the NYSC scheme. Ganduje directed all government ministries, departments and agencies, local government areas and even private organisations not to reject corps members posted to them for their one year service. He also urged corps members to identify viable projects that are felt needs of their host communities and mobilized the community to realize the lofty ideals of the program for their benefits.
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Bandits Release Five Kidnapped Persons in Katsina Francis Sardauna in Katsina Katsina State Governor, Alhaji Aminu Bello Masari, yesterday said repentant bandits have released five persons including women detained in their custody as part of the ongoing dialogue between the state government and the miscreants to restore peace in the state. The governor, therefore, urged residents of the state to allow the repentant bandits to carry out their commercial activities in markets across the state. Masari, who was speaking in Baranda Village in Batsari Local Government Area of the state, during a reconciliation meeting with bandits, said the victims were freed on Sunday and had since been reunited with their families. However, Dangote and Dankarami, strongholds of the bandits in Batsari Local Government Area were absence in the reconciliation meeting because “they are at loggerheads with each other.”
The duo, who sent their representatives at the meeting, were said to have numerous bandits’ camps in Katsina and Zamfara states with many kidnapped persons in their custody. Masari said: “Five people including three women that were kidnapped by the bandits have been released by them. Three women left my house this morning (Monday) to their houses. And the bandits also promised to free the remaining people in their custody.” He, however, directed security agencies in the state to protect the lives and properties of the citizenry residing in rural settlements and urged them to avoid extortion. In his remarks, Katsina State Commissioner of Police, Sanusi Buba, urged bandits terrorising innocent citizens in the state to surrender their weapons and work with security agencies to maintain peace or face the wrath of the law. Earlier, the Transition Committee Chairman of Batsari Local Government
Area, Mr. Mannir Mu’azu, said the council would inaugurate security committee to ensure peaceful co-existence in the area. Some of the bandits,
Abdullahi Ibrahim and Fulani Shafe, who spoke during the meeting, commended Masari for initiating the dialogue and vowed to surrender their arms
for the sustainability of peace in the state. Meanwhile, as of press time, Masari and other top government officials including
security chief in the state were heading to Shinfida Village of Jibia Local Government Area of the state for another interface with the bandits.
HOUSING ON THEIR MINDS…
Director, Housing, Federal Ministry of Works and Housing, Mr. Edinoh Uwodi; UAE Consul General in Lagos, Dr. Abdullla Mandoos; PDP Appeals Committee L-R: Senior Vice President, DMG Event, Mr. Ben Greenish; and Project Director, Arctic Infrastructure, Mr. Lookman Oshodi, at the opening ceremony of Big5 Construct Nigeria exhibition organised by DMG event in Lagos… yesterday PHOTO: ETOP UKUTT Upholds Wada’s Victory as Gbajabiamila Lauds Bauchi Gov for Resolving Kogi Guber Candidate Chuks Okocha in Abuja The Peoples Democratic Party (PDP) Governorship Elections Appeals Committee, set up to review the Kogi and Bayelsa States’ governorship election primaries, has upheld the election of Mr. Musa Wada as the party’s candidate for the November 16 governorship election in Kogi State. The report of the committee, which was sighted yesterday in Abuja, showed that the panel, chaired by the National Chairman of the party, Prince Uche Secondus, undertook a comprehensive review of the petition brought before it by aspirants in the Kogi State’s governorship primary election. According to the report, the committee received petitions from only two contestants, namely Senator Dino Melaye and Abubakar Ibrahim Idris, out of the 13 aspirants who contested in the primary. No petition was received from any of the aspirants that contested in the Bayelsa State’s primary where Senator Douye
Diri emerged as the party’s governorship candidate. The committee stated that Melaye scored more than 70 votes that was recorded in his favour by the electoral committee as some of the votes declared as lost belonged to him, but was not enough to upset Wada’s winning votes. In the case of Idris, the committee noted that contrary to the aspirant’s claims that extraneous ballot papers were used at the primary, all the ballot papers used were serially numbered and the declaration made by the electoral committee were in accordance with the serial numbers contained on the ballot papers. Consequently, the PDP has submitted the name of Wada as its candidate for the November 16 governorship election in Kogi State to the Independent National Electoral Commission (INEC). The party also submitted to INEC, the name of a former Member of the House of Representatives, Hon. Samuel Bamidele Aro, as running mate to Wada.
House Speaker Appoints Ganduje’s Daughter as Aide The Speaker of the House of Representatives, Hon. Femi Gbajabiamila, has appointed Fatima, daughter of Governor Abdullahi Ganduje of Kano State, as his Special Assistant on Non-Governmental and Civil Society Organisations. Fatima’s husband, Idris, who is a son of the immediate past Governor of Oyo State Senator Abiola Ajimobi, made the announcement on his Instagram page. He wrote, “Fatima AbiolaAjimobi, I don’t know if you still believe me because I say it so often; you’re an extraordinary
young woman. I have watched you struggle when you were at your lowest and noticed how you never lost faith and ‘you walk confidently in the direction of your dreams…’ The mantra you live by. “My prayer for you, my wife, is that your courage never ceases and your light never dims. “At such a young age, I am privileged to congratulate you on your appointment as the Special Assistant on NGOs and Civil Society to the Speaker of the National House of Representatives.”
Assembly Crisis Segun Awofadeji in Bauchi The Speaker of the House of Representatives, Hon. Femi Gbajabiamila, has applauded Bauchi State Governor, Bala Mohammed, for using his political experience in amicably resolving the recent leadership crisis that almost brought down the state House of Assembly. The House Speaker, who made commended Mohammed during a courtesy call on the governor yesterday at the Exco Chambers of the Government House in Bauchi, described the resolution of the crisis in the assembly as a welcome development, especially as it was resolved politically without the intervention of external forces.
Gbajabiamila explained that his delegation was in the state for a condolence visit over the death of Alhaji Manu Soro, father of the member representing Ganjuwa-Darazo Federal Constituency at the House of Representatives, Alhaji Mansur Manu Soro. He expressed happiness that the leadership crisis was handled maturely by the governor using his wealth of political experience as a onetime member of the National Assembly as a Senator, saying what the country needs is such move in order to develop and grow democratic values. The Speaker added that considering the cosmopolitan nature of the country’s democracy, amicable
relationship is what is required to ensure that people feel that they are part of governance irrespective of their political affiliations. He also commended Mohammed for accommodating everyone in his administration, pointing out particularly the Manu Soro family, which have supporters in the two major political parties in the country, as he urged him to uphold such in order to move the country forward positively. Gbajabiamila told the governor that the political model of Bauchi State would be copied by others, assuring him of the support of the House to his administration for the economic and political advancement of the state,
as he stressed the need for the governor to work in synergy with members of the state assembly for the state to overcome some of its challenges. While responding, the state Governor, Mohammed, thanked the Speaker for the role he played in ensuring that the leadership crisis in the state assembly was resolved amicably without heating up the polity in the state. The governor Malso commended the leadership quality of Gbajabiamila since his election as the Speaker of the House, saying it has stabilised democratic values in the country, urging him to keep it up in tandem with the best world practice.
Melaye Appeals against Tribunal’s Judgment The senator representing Kogi West, Dino Melaye, has appealed against the August 23, 2019 judgment of the Kogi State National and State Assembly Election Petitions Tribunal in Abuja, which sacked him from office. The three-man panel, led by Justice A.O. Chijioke, in a split decision of two-to-one, ordered the Independent National Electoral Commission (INEC) to conduct
a fresh election within 90 days. Senator Smart Adeyemi and his party, the All Progressives Congress, had alleged that there were incidents of over-voting and substantial non-compliance with the electoral act during the election. However, Melaye filed 23 grounds of appeal before the Court of Appeal in Abuja to challenge the tribunal’s majority judgment. The senator, in his notice of appeal dated September 5, 2019,
urged the Court of Appeal to dismiss the petition filed before the tribunal and confirm his electoral victory. He argued in the notice of appeal filed on his behalf by his counsel, Rickey Tarfa (SAN), that the person sued at the tribunal as “Senator Dino Melaye” was not the same person as the person who contested the poll and declared winner of the election as contained on Form CF001 – “Melaye Daniel
Dino”. His notice of appeal read in part, “The provision of the law is that the name as used in Form CF001 is the only valid name that can be used to challenge the election of the appellant. “The principle of equity accepted and applied by the majority members of the tribunal cannot override the provisions of the law in respect of the petition.
Group Urges Buhari, Others to End Poverty, Unemployment Udora Orizu in Abuja A group of economic experts under the aegis of Nigerian Economic Society (NES) has called on President Muhammadu Buhari to assemble a team of versatile economists who are vast in policy formulation and implementation, to tackle poverty and unemployment currently ravaging the country. NES, which made the call
in Abuja while briefing the press ahead of its 60th annual conference slated for September 16, 2019, also noted that it was high time ministers, judicial officers, National Assembly members and other government functionaries came together to find lasting solution to varying degrees of challenges facing the country. The President of NES, Prof. Tamunopriye Agioberebo, who was represented at the
briefing by a member and lecturer at the University of Abuja, Prof. Sarah Anyanwu, expressed the concern of the members about the increasing poverty and unemployment rate in Africa. Agioberebo explained that the conference with the theme: ‘Economic Policies and Quality of Life in Africa’, has been structured in a way that would proffer solutions to numerous
challenges facing African countries, particularly Nigeria. He expressed concerns on how quality of life has been a mirage in most African countries, saying: “The burgeoning rate of unemployment corroborates the argument of an existence of huge and significant disconnect between the growth rate of Gross Domestic Product (GDP) per capita and the quality of life indicators.”
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TUESDAYSPORTS
Group Sports Editor Duro Ikhazuagbe Email duro.ikhazuagbe@thisdaylive.com 0811 181 3083 SMS ONLY
‘New Breed’ Eagles in Tough Test against Ukraine Tonight Duro Ikhazuagbe
“In addition, memories of and with the bronze medals Eagles to win the heart of Coach to give Francis Uzoho and Balogun, Jamilu Collins and the recent match of the youth among 24 teams, the squad that Rohr and be considered part of Ikechukwu Ezenwa a stiff William Ekong will try to ward As Super Eagles file out this team of Ukraine with Nigeria will file out today is largely a the mainstream going forward. fight for the number one shirt, off the challenge of Semi Ajayi Germany-based goalkeeper while usual suspects Olaoluwa (listed as defender) and returnee evening to take on Ukraine in an at the U20 World Cup this year newbreed. It is an opportunity for the new boys called to Super Maduka Okoye is in camp Aina, Chidozie Awaziem, Leon Bryan Idowu at the rear. international friendly in Dnipro, remain fresh. ‘’In Ukraine, very progressive stand-in Captain of the team, William Troost-Ekong yesterday and talented youth abound. So, warned his colleagues not to I think that the Ukrainian team expect a walk in the park as the has a great chance of success hosts have a solid team capable in the near future.’’ Interestingly, spate of injuries of causing reputation damage. “Ukraine is a strong team to key Super Eagles players is with a lot of very good players not likely going to allow Rohr across Europe. I know a few to field his first eleven. Long-time midfield enforcer of those in Italy where I play. This game is definitely going John Obi Mikel retired from to be very tough but we will international football as curtains give our best and also make it drew on the 32nd Africa Cup very difficult for them. I believe of Nations finals in Egypt, it will be a very good game,â€? relinquishing the captain’s band. Weeks later, Odion Jude observed the Udinese centre Ighalo, top scorer in the Africa back ahead of the game. Similarly, Super Eagles Coach Cup qualifying campaign and Gernot Rohr is also backing at the tournament proper, also the Ukrainian national team put his international boots on to qualify for the 2020 European the shelf. Captain Ahmed Musa pulled Championship and predicted that the Yellow-Blue will be a out of the trip to eastern Europe force to be reckoned with in the only days from his flight, as an future following the triumph injury failed to heal as quickly of their Under-20 at the 2019 as he expected, and he duly Super Eagles and their oďŹƒcials shortly after yesterday’s training in Dnipro opted to pay more attention FIFA U20 World Cup. Rohr was the coach of the to that. His withdrawal followed Niger Republic team that lost 1-2 to Ukraine at the Olympic those of defenders Kenneth Stadium in a friendly five years Omeruo and Tyronne Ebuehi, the tournament, assuring the for the Olympic Games. Omololu Ogunmade in Abuja Buhari and the Sports Minister. ago and has labeled tonight’s midfielder Wilfred Ndidi and team that the nation remains Speaking immediately after Kida revealed that Federal game a difficult match for forward Henry Onyekuru. President Muhammadu Buhari proud of them.â€? Adesina said the team’s victory against China, Government through the Minister Obi, Ighalo, Musa, Omeruo, Nigeria. ‘’Of course, we studied Monday said he joined Nigerians the president also commended NBBF President, Musa Kida said called minutes before the win the game of the national team of Ebuehi and Ndidi were all at and basketball fans all over the officials and technical hands for putting up a good show would or burst game to encourage the Ukraine. The team now has very the FIFA World Cup finals last world to celebrate D’Tigers for the commitment and investments not have been possible without team as well as brace them up good position in the standings year, and Onyekuru only missed securing the ticket to the 2020 in ensuring that the D’Tigers the fatherly roles of President for the challenge ahead. of the Euro 2020 qualifying the party because of injury. Olympic Games in Tokyo, Japan. emerged victorious with all Given that six of them (except group,’’ Rohr told reporters D’Tigers defeated host China the odds of playing against the at the pre-match conference Ebuehi who also suffered a non86-73 in the classification match China before their home fans in fortuitous injury) were also at in Dnipro. of the 2019 FIBA World Cup in Guangzhou. ‘’Most likely, the Ukrainian the Africa Cup of Nations in The statement added that as Guangzhou on Sunday to claim team will qualify for the Egypt earlier in the summer the sole ticket for Africa to the the team prepares for the Tokyo where Nigeria finished third European Championship. men’s basketball event of the Olympics, Buhari noted that with more dedication, training and Olympiad. According to a statement focus, D’Tigers would surprise SPORTS BUSINESS by his spokesman, Mr. Femi the world. Meanwhile, the Nigerian Adesina, Buhari congratulated the team on what he described Basketball Federation (NBBF) as the energetic, resilient has thanked President Buhari and skillful outing “that and the Minister of Youth and saw them out-playing and Sports Development, Sunday Michael Eric (right) in action for D’Tigers against South Manchester City have assembled leagues - Premier League, La out-pacing opponents during Dare, for the feat of qualifying Korea at the FIBA World Cup in China the first billion-euro squad, a Liga, Serie A and Bundesliga. report by the CIES Football Paderborn, promoted to Observatory announced the German top flight in the yesterday. summer, were found to have Cup holders Nigeria has all to “We were unlucky to lose the midfield with captain Azubuike that it was on the same turf City, who have benefitted the cheapest squad, valued at play for to earn a slot in the first leg game, but there is no need Okechukwu, with Blessing they hit Libya by four goals to hugely since the Abu Dhabi 4m euros (ÂŁ3.57m). finals of the U23 Africa Cup crying over spilt milk. Tuesday Muyiwa, Sunusi Ibrahim, Stephen nothing in the earlier round, after group takeover in 2008, spent THE TOP 10 of Nations holding in Egypt in is here and the battle must be Odey and Taiwo Awoniyi a two-goal reverse in Tunisia. 1.014bn euros on their current Club / squad value in euros November, as they take the pitch won. We are the defending expected to do a better job of The Confederation of African players with Paris St-Germain 1. Man City - 1.014 billion at the Stephen Keshi Stadium, champions and we must be in putting away opportunities Football has appointed Guinean (913m euros) and Real Madrid 2. Paris St-Germain - 913m Asaba this evening trailing Sudan Egypt to defend our title.â€? this time. official Bangaly Konate as referee (902m euros) in second and third 3. Real Madrid - 902m by a lone goal. The Olympic Eagles have been Goalkeeper Adamu Abubakar for the match, to be assisted by respectively. 4. Man United - 751m A goal seconds to the end training in Asaba since arriving in pulled a number of huge saves his compatriots Mamady Tere The Premier League 5. Juventus - 719m of the first half in Omdurman the Delta State capital on Sunday, in Omdurman, and is expected (assistant referee 1), Abdoulaye champions’ squad is worth 6. Barcelona - 697m last Thursday left the Olympic and have been strengthened by to start, with former U17 World Sylla (assistant referee 2) and 32 times the value of Norwich’s. 7. Liverpool - 639m Eagles nursing a deficit, and Head the arrival of former FIFA U17 Cup winner John Lazarus and Tawel Younoussa Camara (fourth Manchester United have the 8. Chelsea - 561m Coach Imama Amapakabo has World Cup-winning captain Ebube Duru at wing-back. official). Mr. Luleseged Begashaw second most expensive English 9. Atletico Madrid - 550m said there would be no pulling Kelechi Nwakali. As they file onto the pitch, Asfaw from Ethiopia will be the squad (751m euros). SELECTED OTHERS punches from kick off on Tuesday. Nwakali will string things in Amapakabo’s charges will recall match commissioner. CIES, the football statistics 10. Arsenal - 498m research group based in 11. Everton - 486m Switzerland, looked at the 12. Tottenham Hotspur - 465m ZENITH BASKETBALL LEAGUE senior players in each team 19. Leicester City - 312m in all four of Europe’s biggest 21. West Ham United - 259m
Buhari Congratulates D’Tigers for Qualifying for 2020 Olympics
Man City First Billion-euro Squad
Olympic Eagles in Big U23 AFCON Ticket Battle
Coaches Lament Heavy Defeats in Second Phase
Champion Man City now ďŹ rst billion-euro team in Europe
Two coaches of women basketball teams have bemoaned the heavy defeats suffered by their teams in the second phase of the Zenith Bank-powered Women’s Basketball League which started in four centres at the weekend. In the first round of games at the Liberty Stadium, Ibadan, which is for South West centre, Ogun Babes lost 110-30 to
First Bank basketball team. The whopping 80-point win did not go down well with coach Peter Akindele, who led the Ogun State team to the competition. In the second match, Ogun Babes also lost by 60 points (90-30) to Dolphins. The story was not different for coach Sandy Aina and the Oluyole Babes as they lost 10431 against Dolphins basketball
team. Aina bemoaned the 73-point defeat of her team. Only yesterday, First Bank also defeated Oluyole Babes 95-23. It was a 72-point win for the defending champions. Coach Akindele of Ogun Babes said: “We only came with 10 players and most of them are still in secondary school but because of the time they fixed this event, they are not able to make it.“We
had problems with training because we don’t really have more time to train; we never knew when they were going to fix the start of the second phase. Our players did their best because we played against the best teams in the country.� Coach Aina of the Oluyole Babes said losing to First Bank and Dolphin was not strange because of the strength of these two teams.
Tuesday September 10, 2019
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MISSILE Sultan to Clerics “Don’t politicise religion because God does not belong to any political party. The bible doesn’t belong to any political party, nor does the Quran. If you are a good pastor, Imam, teach people how to salvage their lives, for this life is a temporary one, the permanent life is eternal” – Sultan of Sokoto, Alhaji Sa’ad Abubakar, condemning pastors and Imams that incite violence and politicise religion in Nigeria.
TUESDAY WITH REUBENABATI abati1990@gmail.com
Mohammed Adoke Writes Back...
T
he Goodluck Ebele Jonathan Administration in Nigeria (2010 - 2015) has generated quite a number of posttenure publications which significantly, in varying degrees of articulation, veracity and delivery shed light on key developments during that momentous phase in Nigerian politics. The books under reference offer accounts of individual experiences or outsider perspectives, but altogether, they stand out as remarkable contributions to the growth of the bibliography on governance, politics, democracy and sociology in Nigeria. They include, in this particular regard, Reno Omokri, Facts vs. Fiction: The Story of the Jonathan Years, Chibok, 2015 and the Conspiracies (2017); Olusegun Adeniyi, Against the Run of Play: How an incumbent President was Defeated in Nigeria (2017); Bolaji Abdullahi, On A Platter of Gold (2017);Ngozi Okonjo-Iweala, Fighting Corruption is Dangerous: The Story behind the Headlines (2018) and Goodluck Jonathan, My Transition Hours (2018). There is in addition a number of pamphlets, scores of hack writing (which I do not consider worthy of mention) and essays in academic journals around the world which subject the Jonathan Years to scrutiny. The review of a President’s tenure, or the telling of stories by both insiders and outsiders in a government ultimately provide hitherto unavailable information, beam a searchlight on history and provide a platform for engaging specific questions of governance and accountability. That this tradition, taken for granted in advanced democracies is beginning to gain ground in Nigeria, is a welcome development. The outpouring of books on the Jonathan administration in Nigeria from both participants and observers alike should be understandable given the historic and controversial circumstances of that administration and its exit. The latest contribution in this regard is the publication of Mohammed Bello Adoke’sBurden of Service: Reminiscences of Nigeria’s former AttorneyGeneral (London/New York: Clink Street, 2019), 270 pp.The book is due for official release on September 16/24, but copies are already in circulation through Amazon.com internationally and locally, through Roving Heights Books in Lagos. It is a semiautobiographical book, a reflection by Adoke on his role as Attorney General and Minister of Justice (2010 – 2015) during the Jonathan administration, his take on his own legacies in that role and his ideas about the reform of the justice administration system as well as governance in Nigeria. In this book, Mohammed Adoke also practically writes back, and I use that term advisedly, in relation to the major issue that seems to have hovered around his service to Nigeria, namely his role in the controversial OPL 245 dealings, ordinarily known as the Malabu Scandal. In Burden of Service,Adoke tells his own side of the story in a far more comprehensive and detailed manner than he has done hitherto. He pleads his innocence, and accentuates his undiluted commitment to Nigeria’s national interest contrary to the yet unproven allegations against him. When the Buhari administration assumed office in 2015, it reminded Nigerians that the new government was determined to take measures to strengthen the Nigerian economy, fight corruption and address the menace of insecurity in the country. Exactly as promised, the government reinvigorated the war against corruption as it launched an onslaught on persons who had served in the Jonathan administration. It was in this context that Mohammed Adoke’s name was mentioned in connection with the probe into the management of the dispute over Oil Prospecting License 245 (OPL 245), one of Nigeria’s most fertile and enormously endowed oil fields, which had been in dispute from the Obasanjo administration to that of Jonathan. The state’s allegation was that national interest had been subverted on the altar
Adoke of personal gains. Adoke went to court in Nigeria to argue against charges that he had betrayed his country and to insist that the state was out to witch-hunt him, whereas he had done no wrong. In 2018, the Federal High Court, Abuja presided over by Honourable Justice Binta Nyako ruled that insofar as Adoke was carrying out the lawful directives/approvals of the President acting in accordance with his executive powers under Section 5 of the Constitution, he could not be held personally liable for his role in the implementation of the OPL 245 Settlement Agreement of 2011 and therefore had no case to answer. Adoke kept explaining his own side of the story in newspaper interviews and comments. But he remains in exile ostensibly out of fear for his life. After he left office, he proceeded to the Netherlands to study for a degree leading to the award of an Advanced LLM in Public International Law at the prestigious University of Leiden. While he was on that programme, a group of international investigators, under a Mutual Legal Assistance framework, working with the Nigerian authorities kept him under watch as a result of all the allegations made against him by the authorities in Nigeria. He felt haunted. He tells us in the Introduction to this book that as Christmas 2016 approached, he thought of ending it all. “Being hunted for what I did not do felt like a death sentence on its own. It is time to force my exit from this world, I told myself, … Death, rather than life, seemed very attractive to me now…. (But) then I came to my senses” (p. 1). In other words, he eventually changed his mind and refused to commit suicide. He decided that rather than help his traducers to get away with negative stories about him, he would live to tell his own story by himself. This is the motivation for this book. Adoke submits that public service comes with a burden, a burden he understands and is willing to carry no matter the odds. “I did my best for my country”, he declares. This book, Burden of Service is the product of that resolve, a kind of cathartic, ameliorative therapy; that is: his conviction that whereas public service may come as a burden, and there may be persecution designed by traducers, telling the truth heals all wounds and the truth invariably outdistances and exposes falsehood. For readers who may be in a hurry to read Adoke’s side of this story with regard to OPL 245, see Part II of the book, devoted fully to “The OPL 245 Conundrum” at Chapter Six, appropriately titled: “The Facts of the Matter” (pp. 53 – 67); Chapter Seven: “The Witch-Hunt” (pp .68-78); Chapter Eight: “The Witch-Hunters” (pp. 79-87), and Chapter Nine: “The Mischief” (pp. 88-102). In these chapters, Mohammed Adoke lays bare the manner and details of his travails. He talks about his role in the OPL 245 Settlement Agreement, and the role
played by a certain Mohammed Sani Abacha and his collaborators, or rather the Abacha family, the Obasanjo government, arbitral proceedings leading to a Settlement Agreement, the role of the Dutch and the Italians, his harassment by the Nigerian authorities – raids on his houses and the home of his brother, the destruction of his practice, and the hostility towards him by security operatives and others. In Chapter Eight, he identifies those he calls the “witch-hunters”. This is a chapter that should be read by the EFCC as an organization, Senator Ali Ndume, Vice President Yemi Osinbajo, the Abachas and someone Adoke refers to as a “diminutive lawyer… who is a darling of the Nigerian media.” In Chapter Nine, Adoke says he seeks to “ask pertinent questions and set the records straight.” This Chapter is essentially a response to all the charges levelled against him by Nigeria’s Economic and Financial Crimes Commission (EFCC). In Chapter Ten, Adoke writes about “My Vindication”. He says: “I have won my case against the Federal Government in court…not a dime has been traced to me” (p.113). Thus, Adoke’s book is in these parts, lawyerly; it reads in part like a summary of evidence and a brief of argument. But this is not a book entirely about self-advocacy, OPL 245 and allegations of fraud and bribery. Adoke uses the book to give an account of his stewardship as Nigeria’s Chief Law Officer - beyond the controversies. But before he does so, he takes us, very early in the book, on a journey to see how he emerged as Attorney General and Minister of Justice, through a call of destiny –what he calls “a missed opportunity” at first and then in Chapter Two, “The Appointment”. And in Chapter Three, “The Baptism”. In Chapters Four and Five, in a strictly autobiographical tone, he offers us a glimpse into the journey of his life, from humble beginnings to the ascending heights of senior advocate and public life. Adoke calls himself “The Boy From Nagazi (p. 39)”. Nagazi is an Okene village in Kogi State in Nigeria’s North Central region. Ethnically, the author is of the Ebirra ethnic stock, one of Nigeria’s many ethnic minorities. Adoke tells quite a bit of his personal and family story in a humble tone and with details that many young persons will find motivational. Students of recent Nigerian history would perhaps be more interested in Part III of the book which deals with major highlights of the Goodluck Ebele Jonathan administration, specifically the internal controversies within the government and the PDP, the politics of Jonathan’s interest in a second term in office, the 2015 Presidential election and Jonathan’s transition out of power. Chapter Twelve is titled “The Buhari Test”, dealing with the same familiar questions that are still in the public domain in Nigeria: “Did Gen. Buhari really obtain a secondary school certificate? Should he be disqualified from participating in the presidential race?” (p. 125). Adoke reports tellingly: “In the fullness of time, though, President Buhari would come to realise and accept the whole truth: that God used me, and two other high-profile Nigerians whom I will not name for confidential reasons, to make sure he was not disqualified by the courts from running in 2015. The two individuals have like me, also suffered indignity in the hands of Buhari and his men. It must be emphasised here, though that I did not oppose the disqualification because I wanted to help Buhari. Rather, I was being faithful to the Constitution”. (p. 126). Subsequently, hawks within the Jonathan Presidency insisted that Buhari should be given the “Pinochet treatment” and be put on trial for his past “misdeeds” in order to stop him from contesting the 2015 Presidential election. President Jonathan rejected that suggestion outright and opposed the idea of playing “bad
politics”. In other post-Jonathan publications, many accounts have been given of how and why President Goodluck Jonathan conceded victory to President Muhammadu Buhari in 2015. In Chapter Thirteen: “The Historic Concession”, Muhammad Adoke offers what I, as a participant in all of that drama myself, consider the most truthful and authoritative account that has yet been written so far on the matter. Part IV of the book: “The Challenges, The Controversies” is devoted mainly to Adoke’s interventions as Attorney General and Minister of Justice. The issues covered include- “The Impeachment Menace” (Chapter 15) dealing with whether or not the Federal Government should support the plan by the PDP-dominated House of Assembly in Nassarawa state to impeach Tanko Al-Makura (APC) as Governor of Nassarawa State; (2) whether or not the President after declaring a state of emergency in some local governments in the Northern Eastern states of Adamawa, Borno and Yobe states in May 2013, should have gone ahead to remove the Local Government Chairmen and Governors in the affected States (Chapter 16); (3) the judgment debt scam that the author observed as an established tradition in the Ministry of Justice and how he addressed it (Chapter 17); (4) the Halliburton and Siemens bribery scandals (Chapter 18); (5) the Bakassi Handover (Chapter 19) and a number of other controversies – “Pardon for Alamiyeseigha”; “the Justice Salami Saga”; “The Gulf War Windfall”; “the Azura Power Project”; and “The Oyinlola and Aregbesola Saga”. In Part V, titled “The Footprints”, Adoke embarks on a bit of “advertisements for myself” to borrow Norman Mailer’s phrase or as Africans would put it, “a lizard-like act of self-congratulation” – if nobody will praise me, I will praise myself! And so he outlines how as Attorney General and Minister of Justice, he functioned strictly as a constitutional purist and defended both the rule of law and the national interest. The specific episodes on which he reflects include the recovery of the Abacha loot, the Ajaokuta Steel Settlement; reforming the justice system, the Evidence Act 2011, the Freedom of information Act 2011; The Terrorism (Prevention) Act 2011; the Administration of Criminal Justice Act 2015 and other reform laws (2011- 2015). Adoke brings this book to a close in the remaining two chapters by drawing attention, as he looks back and forward, to specific steps that may still need to be taken to strengthen the justice administration and delivery process, and the constitutional framework for Nigeria’s system of government. Were it possible to insist that every senior public officer must write a book after office, I would insist that this should be a compulsory pre-condition for appointment to office. Adoke remarkably is the first Attorney General and Minister of Justice in Nigeria to give this kind of account, to the best of my knowledge. And it is a refreshing contribution, an even-handed, authoritative, compelling, and well-written account of his stewardship and experience. The controversies and the responses in kind that this book may generate can only further enrich our understanding of what transpired in Nigeria’s recent politics. Burden of Service is packaged like a supermarket, with something in it for every reader. The compelling take-aways for me, are the issues of service, leadership, friendship and loyalty, governance, the rule of law and Nigeria’s peculiar politics, and I am reminded, reading it thematically, of James Comey’s A Higher Loyalty: Truth, Lies and Leadership (2017). Whereas Comey, former US FBI Director, had difficulties working with President Donald Trump, Adoke as Nigeria’s Attorney General seems to have had an excellent working relationship with a President Goodluck Jonathan who believed in the rule of law.
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