Tue 11 June 2013

TheGuardian Conscience, Nurtured by Truth

Tuesday, June 11, 2013

Vol. 29, No. 12,584

www.ngrguardiannews.com

N150

Senate yet to get Reps’ amendment to emergency rule act • To give priority to PIB, bill renaming UNILAG after Abiola From Azimazi Momoh Jimoh, Abuja

N attempt by the House A of Representatives to amend the act guiding the state of emergency declared in the three states of Adamawa, Borno and Yobe is yet to be formally brought to the attention of the Senate.

The Senate, which disclosed this yesterday, also stated that it would accord priority to the consideration of the Petroleum Industry Bill (PIB) in its third legislative session towards the end of this month.

Addressing a press conference on the legislative schedules of the Senate at the National Assembly yesterday, the Chairman of the Senate Committee on Rules and Business, Solomon Ita Enang, explained that for the amendment proposed by the CONTINUED ON PAGE 4

First wife of former South African President Nelson Mandela, Winnie (second left); daughter, Zindzi (right) and others during their visit to Mediclinic Heart Hospital where he is believed to be hospitalised in Pretoria, South Africa... yesterday.

Boko Haram ranks second on global terror list From Laolu Akande (New York), Niyi Bello (Akure) and Azimazi Momoh Jimoh (Abuja) ITH only the Talibans in W Afghanistan ahead, Boko Haram is now the second widely known perpetrator of terrorism in the world, according to a report by the United States (U.S.) government.

Just last week, the U.S. State Department announced a $7 million bounty for information that will lead to the capture of the group’s leader, Abubakar Shekau.

And in Nigeria, there is outrage at the opposition of the Action Congress of Nigeria

• Killed 1,132 in 364 attacks, says U.S. report • Group’s, Talibans’ record higher than killings by Al-Qaeda, Maoists, Al-Shabaah • Outrage at ACN’s opposition to ban on group • PDP accuses party of support for insurgents (ACN) to the Federal Government’s ban on the group. The Peoples Democratic Party

(PDP) yesterday accused the ACN of trying to use the press as a subterfuge to hide its sup-

port for insurgents and to whittle the efforts by the Federal Government to end acts of

FG may grant CBN workers, policemen, others permission to unionise - Page 6

terrorism in the country.

The ruling party, which threw its weight behind President Goodluck Jonathan, said contrary to the claims by the ACN, no part of the presidential order proscribing terrorist groups, directly or indirectly violated any provision of the constitution or impinged on the freedom of the press in the country.

The PDP National Publicity Secretary, Chief Olisa Metuh, in a statement yesterday described the allegation by the ACN that the order was aimed at gagging the press, as despicable and a clear indication of how far the opposition party could go to distort facts to sup-

port violence and cause disaffection among Nigerians.

The PDP in Ondo State and the Niger Delta Professionals also faulted the position of the ACN. An annex to the U.S. government report on terrorism last year, just made available to The Guardian, shows that besides the Taliban in Afghanistan, Boko Haram in Nigeria had the highest number of terror attacks last year and killed also the second highest number of people.

The statistical report called ‘START’ conducted by the University of Maryland for the CONTINUED ON PAGE 4

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4 NEWS

Senate to give priority to PIB, UNILAG name-change bill CONTINUED FROM PAGE 1

House of Representatives to be valid, it required concurrence by the Senate.

He said such a proposal to amend the Emergency Rule Act had not got to the Senate.

The House of Representatives had last month resolved to revoke the powers earlier granted President Goodluck Jonathan to utilise the statutory allocations of Borno, Yobe and Adamawa states where emergency rule was declared on May 14.

The House said it took the decision to review the President’s powers over funds of states under emergency rule because it had discovered that it would be unconstitutional to do otherwise.

Section 3(e) of the Emergency Powers (General) Regulations 2013 empowered the President to utilise the funds of any state or local council in the area where a state of emergency exists.

He said: “The Senate and the House passed resolutions on the state of emergency and approved the request of Mr. President as contained in the proclamation of state of emergency. There were

differences between what the House passed and what the Senate passed. Both houses set up committees and the conference committee arrived at a harmonised position. This harmonised position was adopted by the House as a result of the conference committee and adopted by the Senate as a result of its own conference committee. Now, that is as much as I know.

“Yes, I am informed that there were considerations by the House of some aspects of it. I am not yet aware of a communication of that to the Senate. That is, it has not yet come to the floor of the Senate. Therefore, the position that exists now is as agreed and communicated and when we receive and it is communicated, we will consider what the other chamber considered. The laws bind that what is deemed to come from the National Assembly is what is accepted by both chambers.”

Enang also disclosed that the PIB was among the issues that would take greater attention of the Sen-

ate when it resumes from its end of session recess.

The Senate had debated the PIB, passed it for second reading and equally referred it to an ad-hoc com-

mittee for further processing.

Also, the bill to amend the University of Lagos Act to rename the university after the late Chief Moshood Abi-

ola has been listed among the bills to get serious attention of the Senate in the new session.

Enang said the Senate was yet to get any communica-

tion from the President that the university was no longer going to be renamed.

The bill specifically sought the renaming of the university after the late Abiola.

Special Representative of the United Nations (UN) Secretary-General for Disaster Risk Reduction, Margareta Wahlstrom (left); Minister of State for Works, Bashir Yuguda and Minister of Works, Mike Onolememen, during Wahlstrom’s visit to the ministers in Abuja… yesterday.

Boko Haram killed 1,132 in 364 attacks, says U.S. report CONTINUED FROM PAGE 1 American government on global terrorism in 2012 has revealed that while the Talibans killed 1,842 people in 525 attacks last year, and came tops on the infamous ranking, Boko Haram came second killing 1,132 in 364 attacks.

Both the Talibans and Boko

Haram killed more than AlQaeda in Iraq, the Maoists in India, Al-Shabaab, Al-Qaeda in the Arabian Peninsula among other global terrorist groups.

Commenting, the Christian Association of Nigerian Americans (CANAN) noted that based on these statistics of the U.S. government, the refusal of the State Department to

designate Boko Haram a Foreign Terrorist Organisation (FTO) continued to be unsettling.

A statement from the group yesterday in New York said: “The statistics that were computed at the instruction of the U.S. government by a reputable university deemed a centre of excellence by the U.S.

government show proof why Boko Haram should be designated.”

CANAN added: “This is a further evidence that our demand to the State Department to designate Boko Haram an FTO is a position backed up by facts and reality. Our hope and expectation is that soon, the State Department will do what is right.”

The statistical report also revealed that of the top 10 countries with the most terrorist attacks last year, Nigeria came fifth because of the activities of Boko Haram.

Besides, Nigeria ranked fourth in number of deaths from terrorist attacks. According to the statistical information attached to the recent “U.S. Terrorism 2012 reports”, last year alone, there were a total number of 546 terror attacks in Nigeria with 1,386 killed.

“The average lethality of terrorist attacks in Nigeria (2.54 deaths per attack) is more than 50 per cent higher than the global average of 1.64.”

The statistical report revealed that in 2012, the majority of highly lethal attacks -159 in all -, took place in Afghanistan, Pakistan, Iraq, Nigeria and Syria, killing a total of 2,880 people.

The report stated that Boko Haram “was responsible for a number of highly lethal attacks in 2012, including a series of co-ordinated bombings and armed assaults in Kano, Nigeria, on January 20 that killed an estimated 190 people.”

The ‘START’ was conducted by the National Consortium for the Study of Terrorism and Responses to Terrorism, based at the University of Maryland.

The consortium is deemed a U.S. Homeland Security Centre of Excellence for Science and Technology.

The U.S. laws require the government in its yearly terrorism reports to include

complete statistical information on number of individuals killed, injured or kidnapped by each terrorist group during the preceding year.

Last year June, the U.S. State Department contracted the consortium to collect the statistical data.

A statement by the Ondo State Director of Publicity of PDP, Ayo Fadaka which was made available to The Guardian in Akure yesterday, expressed “total disappointment” over the ACN’s position on the Boko Haram issue.

The statement read in part: “The activities of terrorist groups represent a grave challenge to the corporate existence of the nation and its only goal is to systematically pursue a programme that would have completely led to its disintegration.

“In tackling this development, President Goodluck Jonathan certainly did explore all available avenues to make Boko Haram and its accomplices to embrace peace and even conditionally disarm its membership and this was rebuffed continuously.

“It was when it became almost impossible to call them to order that the Federal Government finally declared a state of emergency in the prime theatres of their action and even when that happened, the ACN was the only party that condemned the action of government as if the programmes of these antisystem groups are synonymous with its goals.

“Again, the ACN has pushed further its frontiers of clandestine support for these groups by needlessly criticising the Federal Government gazette of the ban of these agencies saying it will infringe on the liberty of people, we wonder if there are elements in that party that are accomplices of Boko Haram.

“Therefore, we call on the

people of the South-West to take due cognisance of the activities of the party and be circumspect in appreciating same. There are ominous signs that there are more than meet the eyes in its style and operations. In the South-West, we take pride in our tolerance level and ability to accommodate our diverse feelings but if feelers from Osun State are anything to go by today, religious sentimentalism is being promoted by the ACN government of Rauf Aregbesola and this is sad and absolutely reprehensible.

“In playing politics, we expect that issues that promote the development and health of the nation must dictate the views of political parties and not sectarian and parochial issues that will certainly do more damage than ordinarily anticipated.

“Parties thrive today because there is a nation where peace and orderliness reign and that must be a goal of every citizen to preserve.

“We restate that anyone who is conscious of all the evils perpetrated on citizens and corporate organisations in this country by Boko Haram and its accomplices and continues to seek to express support for these organisations in whatever manner is anything but patriotic.

“We equally remind the ACN that its desire to make any political gain in Nigeria is certainly predicated on the peace and well-being of the nation.”

In their reaction to the ACN’s position, Niger Delta Professionals said that the party’s attack was an insult to the Nigerian people.

In a statement by National Coordinator, Mr. Onoriode Izomo and National Secretary, Mr. Andrew O. Ugbovoro of the group, they said that the ACN’s action had proved its desperation to rule the nation.

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News Rotary honours newspaper publishers

NEITI seeks task force on oil theft

ISTRICT 9110 of Rotary D International, a worldwide organisation of business and

From Mohammed Abubakar, Abuja

professional leaders, which provides humanitarian services and encourages high ethical standards in all vocations, has concluded plans to honour some newspaper publishers in Lagos.

The District, which comprises of Lagos and Ogun states, has decided to celebrate and honour four media executives and their organisations at a cocktail ceremony scheduled for The Rotary Centre, Ladoke Akintola Crescent, GRA, Ikeja.

According to Michael Effiong, Member, Media/PR Committee of the District, the award recipients: Lady Maiden Alex-Ibru, Mr. Sam Amuka, Prince Nduka Obaigbena and Chief Ajibola Ogunsola were chosen for recognition for their outstanding contribution to the media industry and immense support for Rotary activities over the years.

ISTRUBED about the negaD tive effects of the activities of oil theft in the country, the

Chairman, Technical Investigative Panel on System Collapse, Fatai Olapade (left); Minister of State for Power, Hajiya Zainab Kuchi, and the Minister, Prof. Chinedu Nebo, at the inauguration of the members of Technical Investigative Panel on System Collapse in Abuja … yesterday.

Experts seek fresh audit of Nigerian airlines

By Wole Shadare GAINST the backdrop of A alleged rising cases of labour unrest in the aviation sector occasioned by salary arrears, experts in the industry have called for the immediate economic audit of airlines to determine their financial stability.

Meanwhile, workers of the Chanchangi Airlines yesterday in Lagos down tools and protested 36 months’ salary arrears.

Experts told The Guardian that serious issues as workers’ salaries could jeopardise air safety, just as they called on the aviation regulatory body to quickly conduct a fresh economic audit with a view to determining how healthy Nigerian airlines are.

The last audit was carried out by the Nigeria Civil Aviation Authority (NCAA) in 2006 after the Bellview, Sosoliso and ADC airlines’ crashes.

One of the recommendations of the audit panel was for the airlines operating in the country to recapitalise to the tune of N500 million, while those designated on international routes were N1 billion.

The recapitalisation was made to partly take care of workers’

• Chanchangi workers protest salary arrears welfare given the fact that workers’ morale could affect air safety.

The workers began the peaceful protest from the ticket counters of the old domestic terminal at the General Aviation Terminal (GAT), Murtala

Muhammed Airport, Lagos. It, however, terminated at the Nigerian Civil Aviation Authority (NCAA) headquarters where they registered their grievances with the regulatory agency.

The workers said the airline’s

management had asked them to stay off work since 2010, when the airline started having operational challenges, noting that the carrier had not paid them since.

At the NCAA headquarters, the Director of Human Resources, Mr. Austin Ifeanyi, and the Director of Consumer Protection, Adamu Abdullahi,

received the workers on behalf of the Acting Director General, Mr. Joyce Nkemekolam.

They assured them that the authority would look into their grievances and ensure the airline does what was right, just as they commended them for toeing the path of peace, by taking up the issue to the appropriate quarter.

PDP, ACN, Akinjide, Babatope others, mourn Dosunmu

By Seye Olumide and Tunde Akinola ULOGIES yesterday poured E in for the late former Minister of Works and Senator, Wahab Dosunmu who represented Lagos West Senatorial District under the Alliance for Democracy (AD) from 1999 to 2003.

Dosunmu died on Sunday in the United States (U.S.).

Describing his death as a great loss to the country and Lagos State in particular, the PDP state chapter said the death was a great loss to the party “at this time.”

Stating that Dosunmu would have indeed been one of the

party’s aces for the 2015 governorship election in Lagos, Publicity Secretary of the party, Taofik Gani said, “We will indeed miss him.”

Also, the Action Congress of Nigeria (ACN) National Publicity Secretary, Lai Mohammed said Dosunmu went to the Senate on the ticket of AD and even when he decamped to the PDP we still continued our cordial relationship “it is a pity we lost him so early.”

Commending some of the attributes of the deceased, Mohammed said Dosunmu hardly engaged in politics of bitterness, adding “He was indeed an old politician and was vibrant during the Second

Republic when he was appointed Minister of Works. He did everything he could to sustain democracy in the country and also sought the development of Lagos.”

Mohammed continued: “Dosunmu was actively involved in the National Democratic Coalition (NADECO) struggle against the military rule. He participated actively in the struggle that led to the termination of military regime in the country.”

Also, former Minister of Transport and member of the PDP, Chief Ebenezer Babatope, said that the late politician had been his political associate for a long time. He noted that even when Dosunmu was in the

National Party of Nigeria (NPN) and he was in the Unity Party of Nigeria (UPN), they still had a cordial relationship. “We later became members of the Social Democratic Party (SDP) and PDP subsequently.

For former Minister of Justice and Attorney-General of the Federation, Chief Richard Akinjide, Dosunmu’s death is sad news. According to Akinjide: “Dosunmu was loyal and hardworking when we were in the same political party. We will miss him a lot and as well support his family. His death is a great loss to Nigeria and I trust his family will bury him in Nigeria. The PDP will surely immortalise him.

Government inaugurates panel on outages From Kanayo Umeh, Abuja OLLOWING incessant power Fcountry, failure in some parts of the a 13-member technical investigative panel has been inaugurated by the Federal Government to find out the causes of the problem and proffer solutions to the crisis.

Inaugurating the committee yesterday in Abuja, Minister of Power, Prof. Chinedu Nebo,

charged the members to expedite action in the cause of their work, as they have only two weeks to send a detailed report to government.

He urged the panel to carry out its assignment without fear or favour so as to get to the root of the system collapses and ensure both qualitative and quantitative electricity supply in the country.

Nebo added: “The high rate of system collapse in recent time

which has given rise to more than 15 times in the last five months calls for a critical look.

The technical investigative panel is to investigate the causes of these collapses and proffer solutions aimed at forestalling future occurrences.

Though a technical investigative panel, it is expected that the committee will also address human lapses where found.

Chairman of the panel, Fatai

Olapade, thanked the minister for finding him and other members of the panel worthy of serving the country in that capacity, he however, urged government to ensure that generation, transmission and distribution companies were properly funded in order to maintain their various facilities.

He lamented that a zero allocation to these companies would slow down the speed

with which the current administration is committed to restoring the country’s electricity supply to full capacity.

Speaking further, he said that there is the likelihood of sabotage on power infrastructure across the country by disgruntled elements that were envious of the landmark achievement of the present administration, which saw generation rise from over 3000 to a little over 4,000 megawatts.

Nigeria Extractive Industries Transparency Initiative (NEITI) has called for presidential initiative aimed at tackling the problem.

The body believed that if allowed to continue unchecked, it would affect the oil and gas sector with the attending loss in massive revenue.

The Chairman of the National Stakeholders Working Group (NSWG) of NEITI, Ledum Mittee, made this known yesterday when he led the board and management of NEITI on a courtesy call on President Goodluck Jonathan at the State House.

He also decried the absence of baseline information and data on the actual quantity of crude either lost through theft, bunkering or pipeline vandalisation.

Lagos Assembly to mark June 12 anniversary

By Wole Oyebade PPARENTLY in recognition A of June 12 as the genuine Democracy Day in Nigeria, the Lagos State House of Assembly will tomorrow hold a special parliamentary session in commemoration of the 20th anniversary of the polls.

The occasion will also commemorate the second anniversary of the seventh legislative Assembly of the House. Theme of the special parliamentary session is “June 12 and the entrenchment of democracy in Nigeria.”

Two guest lecturers expected to speak are renowned economist and former presidential candidate of African Democratic Party (ADP), Prof.

Pat Utomi and erudite scholar from Lagos State University, Prof. Abubakar Momoh.

Sambo tasks Nigerians on judiciary From Leo Sobechi, Abakaliki ICE PRESIDENT, Namadi V Sambo, yesterday in Abakaliki, Ebonyi State called on all well-meaning Nigerians, especially the elite and opinion leaders to galvanise their intellectual energies towards the deepening of an objective understanding of the workings of the judiciary in national development.

Sambo, who made the call while commissioning the ultramodern Federal High Court complex in Abakaliki, also noted that the perception that the judiciary was living up to the expectations of Nigerians in dispensing justice should not be misconstrued to mean that it should play to the gallery instead of serving as morale booster to earn more praises from the citizens.

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THE GUARDIAN, Tuesday, June 11, 2013

NEWS

Groups condemn grounding of Oshiomhole’s helicopter From Alemma-Ozioruva Aliu, Benin City HE African Network for Environment and Economic Justice (ANEEJ) and Justice Research Centre (JRC) yesterday condemned the controversy trailing last weekend’s grounding of Governor Adams Oshiomhole’s chattered helicopter, calling for apology to him over the alleged embarrassment.

A statement from the JRC signed by Inwalomhe Donald yesterday said: “What played out in Akure, the capital of Ondo State, recently when the Rivers State’s jet that conveyed Governor Rotimi Amaechi to the state was grounded for a few hours, was replicated in Benin City last Friday as the chartered helicopter meant to convey Oshiomhole and his aides to the burial ceremony of the late wife of Senator Ben Obi in Anambra State was grounded by the Nigerian Airspace Management Agency (NAMA) for allegedly not paying required dues. They are part of the build-up to the 2015 general elections, which is getting messier by the day.

“The incident is connected to the ongoing alleged onslaught against governors perceived to have played a role in the re-election of Amaechi as chairman of Nigeria Governors’ Forum (NGF).”

Also, the Executive Director, ANEEJ, Rev. David Ugolor, called on the Minister of Aviation, Mrs. Stella OduahOgiemwonyi, to tender unreserved apology to the governor for the grounding of the helicopter.

FG, SNG audit nation’s democracy tomorrow HE state of democracy in T Nigeria since the June 12, 1993 elections believed to have been won by Chief M.K.O Abiola and annulled

by Gen. Ibrahim Babangida comes under focus in Lagos tomorrow as the Save Nigeria Group (SNG) conducts “Democracy Audit 2013.”

In a statement yesterday, Spokesman of the group, Yinka Odumakin, said the programme is to mark the 20th anniversary of the annulment of the election in a country with troubled history of electioneering.

The Convener of SNG, Pastor Tunde Bakare, leads the presentation of the assessment of our democracy while the Minister of Information, Labaran Maku, will present the position of the Federal Government.

Leading lights from the ProDemocracy community will grace the event, which holds at the Banquet Hall of Sheraton Hotel and Towers, Ikeja, Lagos, at 9.00 a.m.

T

Ministers of Sports, Bolaji Abdullahi (left); Information (Labaran Maku) and Finance (Ngozi Okonjo-Iweala), during the 2013 ministerial platform in Abuja… yesterday.

FG may grant CBN workers, policemen, others permission to unionise From Collins Olayinka, Geneva, Switzerland

Defends existence of Public Order Act

HERE are strong indications that the Federal Government may soon grant its employees in the Police Force, Customs Service and other para-military agencies permission to organise themselves into trade unions.

The Guardian learnt yesterday at the on-going 102nd International Labour Conference in Geneva, Switzerland, that both the government and the two labour unions in the country – Nigeria Labour Congress (NLC) and Trade Union Congress (TUC) – might have agreed to resolve the issue in the pending Collective Labour Relations Bill.

According to a petition submitted by the unions to the Application of International Labour Standard (ILS), which was obtained by The Guardian yesterday, the unions alleged that the Nigerian government has been foot-dragging on the matter.

Specifically, under a subtheme tagged “Organising in various government departments and services”, quoting its previous submissions to the committee since 2011, the unions had requested for amendment to Section 11 of the Trade Unions Act, which denies the right to organise to employees in the Central Bank of Nigeria (CBN), Customs and Excise Department, Immigration Department, the Prison Services, the Niger-

T

ian Security and Minting Company Limited and Nigeria telecommunications companies.

In its defence, the government shifted the blame to the doorstep of the National Assembly, saying “the Collective Labour Relations Bill pending before the Lower Chamber of the Parliament would address this issue when passed.”

The committee, which charged the government to ensure the bill is passed in the near future, also frowned at the continued existence of ‘Public Order Act’ which the courts have ruled that it violates the Nigerian Constitution but has consistently been cited by the Police for restricting the right to go on strike.

In its reaction, the government, in a memo, said it “notes the concern expressed by the committee in this regard and reiterates that the Police Order Act, Cap 382, 1990 now cited as Public Order Act, Cap P42, Laws of the Federation of Nigeria (LFN) 2004, does not, by its provisions, impose restrictions on the organisation of public assem-

blies by workers for trade union activities and there has been no conviction for any such violation.

“We further reiterate that Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria (as amended), respectively at Sections 39, 40 and 41 guarantees the right to freedom of expression and the press, right to peaceful assembly and association, and the right to freedom of movement. These are considered as fundamental rights under the democratic dispensations of the Federal Government.

“The Public Order Act, however, in Section 1(2) provides that any person intending to organise a public assembly or meeting shall apply to and obtain licence from the state governor not less than 48 hours before the assembly.

The power to grant the licence could be delegated to a superior police officer. The Act further provides the right of appeal in the event of refusal to grant the licence.

Punishment for violations is either payment of a fine and/or imprisonment but does not entail compulsory prison labour.”

Plateau to petition UN over ‘devastating’ mining activities of foreign firms From Isa Abdulsalami Ahovi, Jos LATEAU State government P has threatened to petition the United Nations (UN) over alleged devastating mining activities of international corporations in the state in the past.

A statement issued yesterday after a three-day retreat for government officials in the state said the action became imperative because the government feels Plateau had been devastated by mining activities of the corporations.

The statement signed by the Secretary to the State Government (SSG), Prof. Shedrach Best, and the Commissioner for Information and Communication, Mr. Yiljap Abraham, states that Plateau also seeks the intervention of the Federal Government on the matter.

It notes the return of peace to the state and the resolve of the residents to sustain it, saying the rising profile of Plateau is a testimony of the prevailing peaceful atmosphere.

Ikwere indigenes condemn attacks on Amaechi

By Ann Godwin, Port Harcourt

HE people of Ikwere ethnic Tnationality in Rivers State Abia lawmaker faces trial over alleged forgery, others have condemned what they From Gordi Udeajah, Umuahia MEMBER of the Abia State A House of Assembly representing Umunnoechi Constituency, Mr. Ikedi Ezekwesili, was yesterday arraigned before an Umuahia magistrate court for alleged impersonation, forgery and giving false information, among others.

He was alleged to have, prior to his election into the House in January 2011, falsely declared in the Independent National Electoral Commission (INEC) Form CF 001 to be a legal practitioner.

He was also alleged to have, on the same date, in a judicial proceeding in the High Court registry before the commissioner for oaths given false testimony. Among the charges is

that Ezekwesili fraudulently mutilated/altered the INEC Form CF 001 during investigation by the police by inserting the word ‘business man’ instead of ‘legal practitioner’ as he earlier presented to the security agents.

The prosecution said these false claims/testimony were to enable him contest for the state assembly seat, adding that these acts are contrary to the relevant sections of the Criminal Code and punishable accordingly.

Besides, the lawmaker is being alleged to have fraudulently presented a Bachelor of Law certificate to INEC during investigation which bore the name of Eze Ikedichi and awarded with a 3rd Class degree instead of a pass by the

Abia State University.

Ezekwesili pleaded not guilty to all the charges when they were read out to him in the court presided over by Chief Magistrate Elizabeth Kalu.

His lawyers led by Chief Okey Amechi (SAN) applied for his bail on self-recognition on the condition that he is a serving legislator and will not jump bail.

The prosecution counsel, Mr. Sampson Onyemuche of the Nigeria Police Legal Unit who did not oppose the bail application on self-recognition, said “this is a criminal trial and we expect him to be given bail with a reasonable sum and surety.”

The magistrate granted the bail application on self-recognition and adjourned next

described as unwarranted attacks and campaign of calumny against Governor Chibuike Amaechi.

They called on President Goodluck Jonathan to direct security operatives to stop what they called underserved embarrassment being meted out to the governor.

The call was contained in a statement issued at the end of a one-day summit held yesterday and signed by the President- General of Ogbakor Ikwere, Prof. Augustine Onyeozu, member of the House of Representatives representing Emohua/Ikwere Constituency, Andrew Uchendu, and former Deputy Governor of old Rivers State, Dr. Frank Eke.

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THE GUARDIAN, Tuesday, June 11, 2013

June 12 Reminiscence

Honour Abiola as ex-president, June 12 coalition tells govt ing the June 12 celebration organised by the Lagos State Government.

How would you assess the political class that emerged as a result of Abiola’s martyrdom?

The political class has not done well at all.

It is regrettable to observe that the political class has not helped to advance the course of democracy. Again, it is a matter of regret to note that the political class polluted the democracy stream, which is supposed to be water of life or if you like call it, holy water. Those that emerged from Abiola’s ashes are predators, who are probably worse than military dictators. They are selfish, heartless and criminal in everything. Be that as it many, the most annoying are Abiola’s political associates and some of his kinsmen. They have betrayed the man. Again, it is not surprising, many of them started to betray him even when he was still alive. From the moment of his brief self-

Octogenarian Baba Omojola, an alumnus of London School of Economics, is a frontline civil rights activist. He was one of those behind the struggle for the actualisation of the Presidential mandate Nigerians gave late M.K.O. Abiola on June 12, 1993. For his role he was clamped into detention by the then military government of late Sani Abacha. Today, he is the national chairman of June 12, Democratic Coalition, a conglomerate of 30 civil society groups, which championed the June 12 struggle and the protest that followed it. In this interview with ABIODUN FANORO, he explained why this year’s June 12 anniversary is being marked at Epetedo, where on June 11, 1994 Abiola announced the formation of Government of National Unity.

Excerpts: HAT is June 12 Democratic W Coalition about?

It is a coalition of democratic formations involving women groups, students’ associations, and professionals, including members of the Nigerian Bar Association and youth groups. In short, the coalition is made up of about 30 distinct groups, which participated in the struggle to actualise M.K.O Abiola’s June 12, 1993 presidential mandate.

Don’t forget that after Abiola had emerged as the presidential candidate of the Social Democratic Party (SDP), he held a series of meetings with members of the civil society groups, the professionals and so many other groups. At the meeting he had with civil society groups, Abiola pledged to put in place worker-friendly policies and policies that would solve the problem of ethnic marginalisation and domination. Based upon this assurance we decided to key into his campaign programme, we took these promises to our constituency, which our members bought into. That marked the beginning of civil society groups’ accord with Abiola before the election, during and after the election. That was the secret of the success of the pro-June 12 protest that took place in most cities across the country.

Having realised that June 12 is an un-finished matter, that is why after the struggle, we all coalesced to form the June 12 Democratic Coalition which today, 19 years after the Epetedo Declaration, is returning to the same historic venue to advance the course of the famous declaration by President M.K.O. Abiola.

June 12 has so many perspectives. Why is the Epetedo perspective so significant that this year’s anniversary of the mandate is holding there?

It was the June 12, 1993 Presidential Election that Abiola won. However, it was on June 11 the following year that he went to Epetedo to reaffirm his mandate and announced the formation of Government of National Unity.

Today’s event at Epetedo is being spear-headed by the National Democratic Coalition (NADECO), the umbrella body that co-ordi-

nated and funded the tough struggle to actualise June 12, and the aftermath, especially the arrest and detention of Abiola and his death.

How would the Epetedo Declaration be marked?

We are going to Epetedo to re-affirm those issues of national concern Abiola raised 19 years ago.

Regrettably, these issues are yet to be addressed, even in this current environment of civilian rule. For instance, the issue of mass poverty Abiola raised and pledged to urgently address in the government he announced, the pledge of life more abundant to the poor contained in Hope ’93, un-employment, hunger etc, are some of those issues that today stare us in the face. So also is the lesson of June 12, which is that the ballot must count and that one man, one vote is sacrosanct. The biggest unfinished job from the Epetedo Declaration is the one that borders on the convocation of a Sovereign National Conference expected to solve the recurring cry of ethnic marginalisation and domination. We have only won one out of the many challenges that arose from June 12, which is ending military rule.

At today’s rally, what are some of the demands to be made to the government?

Since Abiola won the election, we have been referring to him as president-elect. We are therefore demanding from the Federal Government a formal affirmation of Abiola as president-elect posthumously, a posthumous inauguration and in addition, he must be accorded all honours and treatments that are due to a president and former presidents. Government must keep the record straight in respect of Abiola for the sake of posterity.

We are also going to use the occasion to re-affirm our earlier demand that the Federal Government should introduce a two thousand naira note with the name and photograph of Abiola embossed on the note as done to some former Nigerian heroes.

Everybody is aware that Abiola is the hero of the dem-

Omojola ocratic rule in the country today; he laid down his life to pay the supreme sacrifice, which liberated us from military rule.

Already June 12 Democratic Coalition has designed the two thousand naira note and this has been presented to our members last year dur-

exile, some of them defected to align with the military oppressor. We can still recall how his vice; Ambassador Kingibe abandoned him to align with the military.

What is your group’s position on plan by the Federal Government to name the University of Lagos after Abiola?

Our position is very clear. We remained opposed to it, because Abiola is greater than just naming an institution after him. Also, the manner of the re-naming appears un-democratic and stands against the democratic tenets Abiola died for. That is why the whole exercise has run unto murky waters.

On a more serious note, it remains our position that if the Federal Government is genuinely serious about immortalising Abiola, it should do first thing first, which is a formal affirmation of Abiola as elected President of Nigeria who should be accorded every national honour due to that office.

THE GUARDIAN, Tuesday, June 11, 2013

8 NEWS

Court reserves judgment in Al-Mustapha, Shofolahan appeal

By Joseph Onyekwere HE Lagos Division of the Court of Appeal yesterday reserved judgment in the appeal by former Chief Security Officer to late Sani Abacha, Major Hamza alMustapha and an aide to the Abiolas, Lateef Shofolahan, challenging the death sentence handed to them by a Lagos State High Court.

Al-Mustapha and Shofolahan are challenging the death sentence passed on them by the lower court on January 30, 2012, by Justice Mojisola Dada, for conspiracy in masterminding the murder of Kudirat Abiola, wife of late Chief MKO Abiola.

The convicts were arraigned in October 1999 on a fourcount charge bordering on conspiracy and their involvement in the 1996 murder of the deceased on the

T

Lagos/Ibadan expressway.

Justice Dada of the lower court found them guilty of the offence and accordingly convicted and sentenced them to death by hanging.

In their appeals, the appellants were contending that the death sentence passed on them by the lower court was unwarranted, unreasonable and a manifest miscarriage of justice, arguing that the trial judge erred in law by arriving at the conclusion that they conspired to kill Alhaja Abiola on June 4, 1996.

The appellants faulted the judge’s treatment of the contradictory statements of Barnabas Jabila (aka Sgt. Rogers) and Mohammed Abdul, as well as the reliance on the testimony of Dr. Ore Falomo on the bullet extracted from late Kudirat.

Meanwhile, during yesterday’s proceeding, counsel to

Al-Mustapha, Joseph Daudu (SAN), told the court that the evidence of PW2 and PW3 contradicted each other and the evidence of the prosecution did not support the charge brought against the appellant.

In his response, counsel to the respondent (Lagos State), Lawal Pedro (SAN), told the court that there are evidence, especially under cross-examination, tendered at the lower court linking the convicts with the crime.

In the respondent’s brief of argument dated May 30, 2013, Pedro urged the court to dismiss the appeal, adding that

the judge whom the appellant accused of being bias did not even allow his (Pedro’s) witness to conclude before closing the case.

Following Pedro’s argument that his witness did not conclude, counsel to Shofolahan, Olalekan Ojo, argued that the prosecution’s failure to call vital witnesses was tantamount to losing the case.

“It is not permitted for any judge to reprobate and probate at the same time. The judge treated the evidence of PW2 and PW3 as corroboration for PW1. There is a catalogue of errors,” Ojo insisted.

Citing the case of Ojutola vs

Mabogunje reported in 2013 (7) NWLR, Ojo said Justice Dada did not behave like a referee having no favourite, saying “there were only four prosecution witnesses and one of them, Dr. Ore Falomo, knew nothing about the matter.”

He noted that the bullet, said to have been used by the appellants, was not tendered at the lower court and the judge’s statement as regards to PW2 and PW3, over issue of witness, was contradictory.

Justice Ibrahim Saulawa had earlier declined to be among the panel to hear the appeal based on personal reasons.

Delta House Speaker tasks legislators on democracy dividends

By Tunde Akinola PEAKER of the Delta State SOchei, House of Assembly, Victor has stressed the need for lawmakers to aim at bringing further legislative dividends to the people who yearn for laws and adequate supervisory roles that will better their lives on a daily basis.

Speaking in Lagos yesterday during a two-day retreat organised by the state House of Assembly, Ochei said: “As the direct representative of the people, lawmakers should fashion out concrete ways by which, in concert with the other arms of government, the lives of our people will be made even better, and this, we can achieve only through proper legislation and exercise of oversight functions.”

BATNF marks 10th anniversary HE British American T Tobacco Nigeria Foundation (BATNF), an inde-

Assistant Director, Army Public Relations, Col. Sani Usman (left); Director, Army Public Relations, Brig.-Gen. Ibrahim Attahiru and Commandant, Nigerian Defence Academy, Maj.-Gen. Chukwuemeka Onwamaegbu, at the second quarter of study period of Directorate of Army Public Relations in Kaduna… yesterday

NUJ, OPC hold lecture on June 12 ITH a lecture, the Lagos W State Council of the Nigeria Union of Journalists (NUJ) will tomorrow mark the 20th anniversary of the June 12, 1993, presidential election widely acclaimed to have been won by the late business mogul, Chief Moshood Kashimawo Olawale Abiola.

Former general secretary of the National Union of Petroleum and Natural Gas Workers (NUPENG) and a major player during the battle for the actualisation of the June 12 mandate, Chief Frank Kokori, is expected as the guest lecturer.

Kokori will speak on the theme, “Post June 12: The Good and the Bad.” The lecture holds at Lagos Airport Hotel, Ikeja, at 10 a.m.

According to a statement issued by Lagos NUJ Chairman, Deji Elumoye and

Secretary, Sylva Okereke, those to discuss Kokori’s paper include legal luminary, Femi Falana; former Managing Director of Concord Press, Dr. Doyin Abiola; Deputy Managing Director of Thisday Newspapers, Kayode Komolafe and the President of the Nigerian Guild of Editors, Femi Adesina.

Former governor of Lagos State, Bola Ahmed Tinubu, is expected to chair the lecture while his successor, Babatunde Fashola, is expected to be the chief host.

Erstwhile governor of Ogun State, Aremo Olusegun Osoba, is special guest of honour.

Other dignitaries expected include the former NADECO chieftain, Lt.-Gen. Alani Akinrinade (rtd); erstwhile deputy governor of Lagos State, Senator Kofoworola Bucknor-Akerele and former

Osun State governor Bisi Akande.

President of NUJ, Mallam Mohammed Garba, is the host.

Meanwhile, erstwhile governor of Abia State, Dr. Orji Uzor Kalu, will tomorrow deliver a lecture to commemorate the 20th anniversary of the annulled June 12, 1993, presidential election.

It was annulled by the military regime of General Ibrahim Babangida (rtd).

Kalu will speak on “20 years after June 12: Options for survival,” at a lecture organised by the O’dua People’s Congress (OPC), at Excellence Hotel, Ogba, Lagos, at 11a.m.

According to the National Coordinator of the OPC, Gani Adams, who is also the chief host, renowned academic, Prof. Akin Oyebode, is chairman of the occasion.

pendent charity established by British American Tobacco Nigeria (BATN), will on Tuesday, June 25, 2013, hold its 10th anniversary lecture at the Lagos Business School, Pan African Campus Ajah, Lagos, at 8.30 am.

The aim of the lecture is to create awareness on how the already-existing interventions from the private sector on poverty reduction can be enhanced to create greater value.

The topic to be delivered at the lecture is: “The Role of the Private Sector in Poverty Reduction”.

Oyo students reject NANS’ president’s position on Ajimobi HE Federation of Oyo State T Students (FOSSU) has denounced claims by President of the National Association of Nigerian Students (NANS), Yinka Gbadebo, that Governor Abiola Ajimobi’s government was pursuing anti-student policies in the state.

In a statement in Ibadan yesterday by FOSSU President, Muili Ahmad, and its Senate President, Ayansola Ezekiel, the association said contrary to Gbadebo’s claims, the governor had in the last two years transformed the education sector and catered for the interest of the students of the state.

African law deans chart path for stronger, better legal education From Lawrence Njoku, Njoku VER 35 heads of law O schools drawn from various countries across the world began brainstorming yesterday in Enugu on ways to strengthen legal education within the African region to meet the needs of global legal services and standard.

The two-day event, being hosted by the University of Nigeria Nsukka (UNN), is under the auspices of the International Association of Law Schools (IALS).

Declaring the event open, President of IALS and Emeritus Dean of Kenneth Wang School of Law, Soochow University, China, Prof. Francis S.L. Wang,

said that globalisation has emphasised the urgent need to benchmark African legal education with the global best, in order to ensure that the African lawyer does not fall too far behind his global peer.

Wang said that legal education has come under serious pressure at the moment following concerns about the quality of law graduates being churned out by institutions, stressing that the forum would further provide opportunity for collaboration among schools on ways to improve the system.

He disclosed that the choice of UNN for the forum was based on the institution’s leading role in the development and training of lawyers, adding

that as a foremost institution in Law education in Nigeria, its products have always been a point of reference in Law education in Africa.

For the Director General, Nigerian Law School, Abuja, Dr. Tahir Mamman, the forum provided opportunity for regional groups to discuss issues pertaining to legal education within the context of their regions and needs.

He said: “There is a huge pressure on legal education in terms of globalisation and the demands of lawyers to meet the needs of global legal services.”

There is also “the problems of unemployment of law graduates and, even more seriously, the issue of quality of lawyers

we churn out to provide legal services for Nigerians and wherever they find themselves and other issues that require cross-border expansions.”

Meanwhile, in a lecture entitled: “Legal Education in Africa in the 21st Century and the Challenge of Globalisation,” a professor at Oxford University and Senior Advocate of Nigeria (SAN), Prof. Fidelis Oditah, said that though a number of African countries was witnessing unprecedented economic, social, political, technological changes and foreign direct investments, these changes, which ordinarily should increase demands for legal services and employment opportunities for law graduates in Africa, have not been so.

THE GUARDIAN, Tuesday, June 11, 2013

NEWS

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Lawmaker wants Jonathan to address PDP crisis From Abiodun Fagbemi, Ilorin

• Says members’ suspension on ‘flimsy excuses’ dangerous

HAIRMAN of House of Representatives Committee on Information, Zakari Mohammed, has said that only President Goodluck Jonathan could resolve the on-going crisis within the Peoples Democratic Party (PDP).

Speaking with journalists yesterday in Ilorin, Kwara State capital, Mohammed dismissed the reported planned hijack of the PDP structure in the state by the Presidency. He blamed the suspension of some PDP members on flimsy excuses on the alleged infiltration of the party structure by “certain funny elements.”

“My caution goes to Mr.

President on the suspension of some members of the party because everything now is on his laps; there are certain elements who have infiltrated the party structure,” he said.

“I believe that President Jonathan should sit down as the leader of the party and do sober reflection so that this idea of throwing out members on flimsy excuses will be eliminated.

The party has machinery for discipline. At the advent of the civilian rule in 1999, there was a mistake by the then President Olusegun Obasanjo.

“The funding of the party should have been the responsibility of all party

C

President Goodluck Jonathan (right) receiving the best implementing Extractive Industries’ Transparency Initiative Country Award from the Chairman, Nigerian Extractive Industries Transparency Initiative (NEITI), National Stakeholders’ Working Group, Mr. Ledum Mitee, at the Presidential Villa Abuja…yesterday

Ekiti denies planning to sack striking teachers From Muyiwa Adeyemi, Ado-Ekiti KITI State government yesE terday denied rumours that it was planning to sack some of the striking teachers. Instead, the Commissioner for Education, Mr. Kehinde Ojo, disclosed that Governor Kayode Fayemi had, about three weeks ago, approved the recruitment of new teachers to fill vacant positions.

Teachers in Ekiti State last Monday joined the nationwide strike in 11 states over the nonpayment of the 27.5 per cent Teachers’ Peculiar Allowance, and this coincided with the proposed recruitment of teachers in State Teaching Service Commission (TESCOM), thereby fuelling speculation that it was intended to weed the teachers.

When newsmen visited TESCOM yesterday, a large number of applicants were seen at the venue struggling to procure forms for the advertised vacancies.

However, Ojo maintained that vacancy for the 1,600 new teachers to be employed in the teaching profession was advertised about three weeks ago when there was no insight into any impending strike.

Lawmakers score Abia Assembly high From Gordi Udeajah, Umuahia EPUTY Speaker of Abia D State House of Assembly, Allwell Asiforo Okere, and Leader of the House, Chidiebere Nwoke, said separately that the performance of the Fifth Assembly and the members in the first two years was very impressive and commendable.

The 24-member House passed 25 bills and 114 resolutions within the period. Okere called for sustained support for the state government, expressing delight over the prevailing cordial working relationship between the legislative and executive arms, which he said, enhanced smooth administration in the state.

He also commended the members for being good and effective representatives of their constituencies. In like manner, Leader of the House, Nwoke, said that members also ensured that the executive arm was implementing the laws passed accordingly.

Absence of defence counsel stalls subsidy scam trial

By Bertram Nwannekanma ESTERDAY’S absence of the Y defence counsel, Olisa Agbakoba (SAN) and Adebayo Adenipekun (SAN), meant that proceedings at the ongoing trial of two oil marketers implicated in subsidy scam, Oluwaseun Ogunbambo and Habila Theck, at the Lagos High Court, Ikeja, could not continue.

The oil marketers and their company, Fargo Energy Limited, are being prosecuted by the Economic and

Financial Crimes Commission (EFCC) over an allegation of N979.6 million fuel subsidy fraud.

The defendants were arraigned before Justice Adeniyi Onigbanjo on a sixcount charge bordering on conspiracy, obtaining money by false pretence, forgery and the use of forged documents.

At the resumption of their trial, however, EFCC counsel, Mr. Francis Usani, informed the court that the date was fixed for hearing of two applications filed by

Ogunbambo but that the defence counsel, Agbakoba and Adenipekun, were not in court for the proceedings.

Usani added that no explanation was given for their absence, stressing that he would have used that as a ground to ask the court to strike out the applications.

He further told the court that the EFCC had filed counter-affidavits to the applications seeking to quash the charge against the defendants and the other asking for a vacation of the forfeiture order placed on

Rights body urges NJC to probe judge over APGA ruling • Group wants S’Court justice investigated over alleged misconduct

By Ibe Uwaleke (Lagos) and Ezeocha Nzeh (Abuja) HUMAN rights group, Abuja A Civil Society Forum (ACSF), yesterday called on the Chief Justice of Nigeria (CJN) and Chairman of the National Judicial Council (NJC), Justice Mariam Aloma-Mukhtar, to investigate Justice Hope Ozoh of the Anambra State High Court, Awka, over allegations of abuse of office and subversion of justice.

The group, which regretted that Justice Ozoh’s ruling in the All Progressives Grand Alliance (APGA) case has cast doubt on the CJN’s efforts to restore hope to Nigerians against injustice from the judiciary, said the NJC must look into the activities of some judges in order to bring due sanity to the judiciary.

Meanwhile, following conflicting reports from Justice Clara Ogunbiyi of the Supreme Court and the just retired judge of a Federal High Court, Justice Okechukwu Okeke, an advocacy group, Access to Justice (AJ), has also requested the NJC to thoroughly investigate the allegations of improper conduct or attempts to interfere with the proceedings before a Federal High Court.

AJ, in a statement by its

Director, Joseph Otteh, is asking the NJC to investigate the allegations as contained in Justice Okeke’s valedictory speech to the effect that Ogunbiyi attempted to influence his decision in a case pending before his court in May 2013.

Coordinator of ACSF, Oyetakin Ebenezer, noted that the CJN and the NJC have demonstrated commitment to this stance by sanctioning erring judges, in addition to the promptness with which petitions against judges are now treated.

He added: “It is on this note that we are appealing to the CJN and NJC to immediately investigate the activities of Justice Hope O. Ozoh of the Awka Division of Anambra High Court, who has demonstrated beyond doubt through his actions that he answers to the Governor of Anambra State, Mr. Peter Obi, instead of upholding justice in line with the oath he took”.

According to the group, “Justice Ozoh flagrantly disregarded a subsistence order made by the Court of Appeal in Appeal Number CA/84/2013 of April 8, 2013, which ordered the stay of execution on the order of an Enugu State High Court. The High Court earlier stopped Victor Umeh from parading himself as chairman

of the All Progressives Grand Alliance (APGA).

“It is thus curious that the honourable justice agreed to entertain a suit over the legitimacy of a national convention of APGA when the leadership of the party, as recognised by the Court of Appeal order, was not present for the said exercise.”

At the valedictory court session in his honour, Okeke alleged that extra-judicial attempts were made to influence how he determined certain proceedings pending in his court before his retirement.

He insinuated that the attempts emanated from a serving Supreme Court justice, and that his recent censure by the NJC followed his refusal to vacate an order over which some representations had been allegedly made to him by the daughter of Justice Ogunbiyi, purportedly acting on her mother’s authority.

The group, therefore, urged the NJC to investigate whether Okeke’s allegations were founded and true and whether Ogunbiyi indeed initiated telephone conversations with the judge to express “fury” over his ruling in that pending proceeding.

AJ also wants NJC to find out

Ogunbambo’s assets. Further hearing on the applications has been fixed for June 25.

Agbakoba had, in an application seeking to quash the charges against the defendants, raised three major constitutional and jurisdictional issues against the EFCC. The first touched on Miranda Rights, which are secured rights of persons arrested or detained to have legal representation immediately on arrest and before making any statement.

It is believed that the application might be the first time a court in Nigeria is called upon to determine the issue of nonadministration of Miranda Rights by law enforcement agents.

men, channeled through the party’s secretariat. In 1999, funding of the party was put in the hands of the state governors, who started assuming the role of financiers of the state chapters of PDP. “We have to retrace our steps and begin to run party politics as it is. It is just like weaning gradually not to get him malnourished. That is exactly the sickness in PDP.” On the planned hijack of PDP in the state, he said the allegation was at the level of rumour, “because there is no categorical statement credited to anybody.”

However, he said “if such insinuations are in the kitty, I want to make it abundantly clear that Kwara is different from every other state of the federation, because the state has a political structure that predates even some of us who are actors in the political scene.”

He added: “To target Kwara for whatever purpose, I don’t think it is the right thing, because this is a party that has delivered 22 out of the 24 members of the state House of Assembly; the six members of the House of Representatives, the three senators and all the state local councils, with the exception of one.

“The insinuations that a prominent member of the party is trying to be used as head of a splinter group are still at the level of rumour. I believe it is one of the activities of some fifth columnists who want to use that opportunity to infiltrate the party, and of course cause disaffection.”

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THE GUARDIAN, Tuesday, June 11, 2013

WorldReport Peace envoy urges end to fighting in Somali city HE Africa Union (AU) envoy for Somalia, Ambassador Mahamat Saleh Annadif, has called for an immediate end to fighting in the southern port city of Kismayo, where clashes have reportedly led to civilian deaths, Xinhua reported yesterday.

In a statement issued in Nairobi, Kenya, the AU Special Representative for Somalia and Head of the African Union Mission in Somalia (AMISOM), noted that though the overall situation in the Horn of African nation continues to evolve positively, the country was faced with serious challenges which require urgent attention of its political, religious and community leaders at all levels.

“The Somali people and leaders must necessarily capitalise on the security gains made by AMISOM, the Somali security forces and their allies, to further peace and prosperity,” Annadif said in the statement.

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Prince Philip marks 92nd birthday in hospital, to convalesce for two months HE Buckingham Palace yesT terday disclosed that Queen Elizabeth II’s husband, Prince Philip, is in “good spirits” in hospital where he will stay for up to two weeks, but will then require two months of convalescence.

Philip, who spent his 92nd birthday at a private hospital in London yesterday, was admitted on Thursday for exploratory surgery on his abdomen.

The royal patriarch was said

by Buckingham Palace to be “progressing satisfactorily” after undergoing the operation at the London Clinic on Friday.

The palace would not reveal if the queen, 87, and other royals were to visit the Duke of Edinburgh in the private London Clinic.

‘America to weigh arming Syrian rebels’ HE United States (U.S.) government could make a decision as early as this week on whether to arm Syrian rebels, U.S. officials said yesterday, as Secretary of State John Kerry put off a Middle East trip to attend meetings on the subject.

However, the U.S. government has debated for months whether to provide weaponry to the rebels in their civil war against Syrian President Bashar al-Assad’s forces and has so far decided against it.

Reuters reported that one U.S. official who spoke on condition of anonymity stressed that while a decision on whether to start arming the rebels is possible as soon as this week, deliberations on the issue could easily take longer.

Kerry put off a planned trip to Israel and the Palestinian territories to attend the White House meetings, an Obama administration source said.

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My conscience drove me to leak secrets, says American whistleblower • Britain denies using U.S. spy schemes to circumvent law • ‘Canada eavesdropping on phone, Internet records too’ ONTROVERSIES surrounding C America’s intelligence surveillance programmes have also linked Canadian security architecture to similar scandal just as the British Foreign Secretary William Hague insisted yesterday that United Kingdom (UK) spies have not used the United States (U.S.) investigation schemes to get around laws restricting their ability to eavesdrop on the public.

A report on Canadian scandal and British denial came on a day that a former employee of United States Criminal Investigation Agency (CIA), who turned whistleblower to reveal the vast American surveillance programmes, Edward Snowden, narrated how his conscience drove him to spill the beans to “protect basic liberties for people around the world”.

According to a newspaper report, Canada has also been electronically eavesdropping on Canadians and others, scouring global telephone records and Internet data for patterns of suspicious activity.

The daily Globe and Mail reported that Defence Minister Peter MacKay signed a ministerial directive renewing the programme in November 2011, after a brief hiatus over concerns that it could lead to surveillance of Canadians without a warrant.

The programme, operated by the Communications Security Establishment Canada (CSEC), originated during the Cold War to spy on Soviet states but its mandate shifted in 2005 amid rising fears of terrorist networks.

But CSEC spokesman, Ryan Foreman, told the Globe and Mail that the CSEC “incidentally” intercepts Canadian communications but primarily “is used to isolate and identify foreign communications, as CSEC is prohibited by law from directing its activities at Canadians.”

Meanwhile, Snowden – the 29year-old who joined the army in

2003 to fight in the Iraq War, explained to British newspaper, The Guardian that “I felt like I had an obligation as a human being to help free people from oppression.”

He added: “Most of the people training us seemed pumped up about killing Arabs, not helping anyone.”

But the whistleblower, who is now hold up in a hotel in Hong Kong, never made it to Iraq as he broke both legs in a training accident and was discharged from the military.

Snowden’s career took a new turn when he got a job as a security guard for the NSA, one of the largest and most secretive of the U.S. intelligence agencies.

Despite never finishing high school, the computer whiz quickly rose through the ranks, and by 2007 was in a CIA post with diplomatic cover in Geneva.

It was there he first considered going public with government secrets.

“Much of what I saw in Geneva really disillusioned me about how my government functions and what its impact is in the world,” he said.

“I realised that I was part of something that was doing far more harm than good.”

But he said he hesitated, hoping President Barack Obama’s election would mark a change.

When the reforms he hoped for failed to materialize, Snowden said he decided to take matters into his own hands: “I had been looking for leaders, but I realised that leadership is about being the first to act.”

He soon began setting in motion the steps that would

lead to last week’s newspaper exposes, published first in The Guardian and then in the Washington Post.

It was one of the most significant security breaches in U.S. history, joining the likes of Daniel Ellsberg, who leaked the Pentagon Papers, and Bradley Manning, who released U.S. diplomatic cables and war logs to the WikiLeaks website.

Snowden cited both men as inspiration.

“My sole motive is to inform the public as to that which is done in their name and that which is done against them,” he said in a video posted on the Guardian’s web site Sunday.

Snowden told the Post he was not afraid, despite the intelligence authorities’ threat to hunt him down.

“I understand that I will be made to suffer for my actions, and that the return of this information to the public marks my end,” he wrote in early May. “You can’t protect the source,” he wrote, “but if you help me make the truth known, I will consider it a fair trade.”

Snowden, who most recently was working as a Booz Allen Hamilton contractor at the National Security Agency, left behind a “very comfortable life” in Hawaii, am annual salary of $200,000, a girlfriend, a stable career and a loving family.

“I’m willing to sacrifice all of that because I can’t in good conscience allow the U.S. government to destroy privacy, Internet freedom and basic liberties for people around the world,” Snowden said in The Guardian video.

Before the whistleblower’s identity was revealed, Director of National Intelligence James

My sole motive is to inform the public as to that which is done in their name and that which is done against them… I understand that I will be made to suffer for my actions, and that the return of this information to the public marks my end.

Snowden

Clapper vowed to “track down whoever’s doing this” and accused the leaker of causing “huge, grave damage” to U.S. intelligence.

The Guardian said Snowden had mostly remained ensconced in his Hong Kong hotel room since boarding a flight on May 20, stepping outside for only about three times during his entire stay.

“All my options are bad,” Snowden said, with possible extradition proceedings, questioning by Chinese authorities or an extra-legal detention by the CIA hanging over his head.

Hong Kong, a special administrative region of China with its own legal system, has an extradition treaty with the United States.

But experts said yesterday that Hong Kong might not prove to be a haven for the US whistleblower, but any extradition bid will be long and complicated, in a city that cherishes civic freedoms despite Chinese sovereignty.

Though he said he was uncomfortable in the spotlight – “there’s no precedent in my life for this kind of thing,” he wrote to the Post after his identity was revealed. “I’ve been a spy for almost all of my

adult life” – he thought the attention might help keep him safe.

Meanwhile, Hague, who cancelled a trip to Washington to address parliament yesterday on the issue, said Britain’s electronic eavesdropping agency GCHQ operated within a strict legal framework.

“It has been suggested that GCHQ uses our partnership with the United States to get around UK law, obtaining information that they cannot legally obtain in the United Kingdom,” Hague said.

“I wish to be absolutely clear that this accusation is baseless.”

The Guardian newspaper, which along with The Washington Post revealed details last week of two vast electronic surveillance programmes operated by the U.S. National Security Agency (NSA), reported that GHCQ has had access to the Internet-monitoring scheme PRISM since at least June 2010.

Seeking to calm public concern, Hague told lawmakers that every time GCHQ wants to intercept an individual’s communications, the agency must seek a warrant signed by him, the interior minister or another secretary of state.

“This is no casual process,”

AU, Desmond Tutu wish ailing Nelson Mandela well S’African govt says Madiba remains in serious but stable condition HE Chairperson, African T Union (AU) Commission, Dr. Nkosazana Dlamini-Zuma and Archbishop Desmond Tutu have joined others in sending get well messages and prayers to ailing South Africa’s first black president and global peace icon, Nelson Mandela, as he spent a third day in hospital yesterday receiving intensive care.

Dlamini-Zuma, in a statement, said: “I have been following very closely, with prayerful attention the evolu-

tion of Nelson Mandela’s health. I know that he is getting the best possible medical attention and treatment anyone of his status could receive. It gives me great comfort to hear that he is also responding positively to treatment.

“I am sending him our fervent prayers and numerous get-well-soon messages from the entire staff of the commission, organs and people of the union. We give him courage and urge him carry on.

“We continue to pray and look forward to Madiba’s speedy recovery!”

Another statement from Desmond and Leah Tutu’s foundation said: “As the beloved father of our nation ...

Nelson Mandela once again endures the ravages of time in hospital, our prayers are for his comfort and his dignity.”

“We offer our thanks to God for the extraordinary gift of Mandela, and wish his family strength,” Tutu said.

Tutu, therefore, joined

legions of local and international personalities wishing the iconic leader a speedy recovery.

Mandela, now 94, was rushed to a Pretoria hospital in the early hours of Saturday for treatment with a lung infection. His condition has been described as serious but stable.

However, the South African government said yesterday that Mandela remains in a serious but stable condition as he receives intensive care for a recurrent lung infection.

“Former president Nelson Mandela remains in hospital,

and his condition is unchanged,” the presidency said in a statement.

The government had described his condition as “serious but stable” on Saturday.

“He is receiving intensive care treatment,” presidential spokesman Mac Maharaj, who served jail time with Mandela, told Agence France Presse (AFP).

It is the fourth hospital stay in seven months for the man beloved as a global symbol of peace and forgiveness and the father of the “Rainbow Nation”.

THE GUARDIAN, Tuesday, June 11, 2013

POLITICS 11

The Epetedo Declaration

By Chief MKO Abiola

Being text of the Proclamation Speech by the late Chief M.K.O. Abiola on Saturday, June 11, 1994, announcing the formation of a Governmeant of National Unity (GNU) at Epetedo, Lagos.

EOPLE of Nigeria, exactly one year ago, P you turned out in your millions to vote for me, Chief M.K.O. Abiola, as the President of the Federal Republic of Nigeria. But politicians in uniform, who call themselves soldiers but are more devious than any civilian would want to be, deprived you of your God-given right to be ruled by the President you had yourselves elected.

These soldier-politicians introduced into our body politic, a concept hitherto unknown to our political lexicography, something strangely called the “annulment” of an election perceived by all to have been the fairest, cleanest and most peaceful ever held in our nation.

Since that abominable act of naked political armed robbery occurred, I have been constantly urged by people of goodwill, both in Nigeria and abroad, to put the matter back into the people’s hands and get them to actualise the mandate they gave me at the polls.

But mindful of the need to ensure that peace continues to reign in our fragile federation, I have so far tried to pursue sweet reason and negotiation. My hope has always been to arouse whatever remnants of patriotism are left in the hearts of these thieves of your mandate, and to persuade them that they should not allow their personal desire to rule to usher our beloved country into an era of political instability and economic ruin.

All I have sought to do, in seeking dialogue with them, has been to try and get them to realise that only real democracy can move our nation forward towards progress, and earn her the respect she deserves from the international community.

However, although this peaceful approach has exposed me to severe censure by some who have mistaken it for weakness on my part, those with whom I have sought to dialogue have remained like stones, neither stirred to show loyalty to the collective decision of the people of their own country, nor to observe Allah’s injunction that they should exhibit justice and fair-play in all their dealings with their fellow men.

Appeals to their honour as officers and gentlemen of the gallant Nigerian Armed Forces have fallen on deaf ears. Instead, they have resorted to the tactics of divide and rule, bribery and political perfidy, misinformation and (vile) propaganda. They arrest everyone who disagrees with them. Even the 71-year-old hero of our nation, Chief Anthony Enahoro, was not spared.

How much longer can we tolerate all this?

People of Nigeria, you are all witnesses that I have tried to climb the highest mountain, cross the deepest river and walk the longest mile, in order to get these men to obey the will of our people. There is no humiliation I have not endured, no snare that has not been put in my path, no “set-up” that has not been designed for me in my endeavour to use the path of peace to enforce the mandate that you bestowed on me one year ago.

It has been a long night. But the dawn is here. Today, people of Nigeria, I join you all in saying, “Enough is Enough!”

People of Nigeria, ‘enough is enough’ of military rule We have endured 24 years of military rule in our 34 years of independence. Military rule has led to our nation fighting a civil war with itself. Military rule has destabilised our nation today as not before in its history. Military rule has impoverished our people and introduced a dreadful trade in drugs, which has made our country’s name an anathema in many parts of the world.

Even soccer fans going to watch the Green Eagles display in America are being made to suffer there needlessly because Nigeria’s name is linked with credit card and fraud and “419.”

Politically, military rule has torn to shreds the prestige due to our country because of its size and population. The permanent seat at the United Nations Security Council that should be rightfully ours is all but lost. For, who will vote for Nigeria to get the seat if Nigerian military rulers do not respect the votes of their own people? Enough of military rule!

We are sickened to see people who have shown little or no personal achievement, either in building up private businesses, or making success of any tangible thing, being placed in charge of the management of our nation’s economy, by rulers who are not accountable to anyone.

Enough of square pegs in round holes!

We are tired of the military repetitive tendency to experiment with our economy: Today, they say “no controls.” Tomorrow, they say “Full controls.” The day after, they say “Fine tuning.” The next day, they say “Devaluation.” A few days later, they say “Revalue the same Naira upwards again Abi?” All we can see are the consequences of this permanent game of military “about turns,” high inflation, a huge budget deficit and an enormous foreign debt repayment burden, dying industries, high unemployment and a demoralised populace.

Our youths, in particular, can see no hope on the horizon, and many can only dream of escaping from our shores to join the brain drain. Is this the Nigeria we want?

We are plagued also by periodic balance of payments crises, which have led to a perennial shortage of essential drugs that has turned our hospitals and clinics into mortuaries. A scarcity of books and equipment has rendered our schools into desolate deserts of ignorance.

Our factories are crying for machinery, spare parts and raw materials. But each day that passes, instead of these economic diseases being cured, they are rather strengthened as an irrational allocation of foreign exchange based on favouritism and corruption

becomes the order of the day. Enough is enough of economic mismanagement!

People of Nigeria, during the election campaign last year, I presented you with a programme entitled, “HOPE ’93?” This programme was aimed precisely at solving these economic (problems) that have demoralised us all.

I toured every part of Nigeria, to present this programme to you, the electorate. I was questioned on it at public rallies and press conferences and I had the privilege of incorporating into it much of the feedback that I obtained from the people.

Because you knew I would not only listen to you, but deliver superb results from the programme, you voted for me in your millions and gave me an overwhelming majority over my opponent. To be precise, you gave me 58.4 per cent of the popular vote and a majority in 20 out of 30 states plus the Federal Capital Territory, Abuja.

Not only that, you also enabled me to fulfill the constitutional requirement that the winner should obtain one-third of the votes in two-thirds of the states. I am sure that when you cast an eye on the moribund state of Nigeria today, you ask yourselves: “What have we done to deserve this, when we have a President-elect who can lead a government that can change things for the better?”

Our patience has come to an end. As of now, from this moment, a new Government of National Unity is in power throughout the length and breath of the Federal Republic of Nigeria, led by me, Bashorun M.K.O. Abiola, as President and Commander-in-Chief.

The National Assembly is hereby reconvened. All dismissed governors are reinstated. The State Assemblies are reconstituted, as are all local government councils.

I urge them to adopt a bi-partisan approach to all the issues that come before them. At the national level, a bi-partisan approach will be our guiding principle.

I call upon the usurper, General Sani Abacha, to announce his resignation forthwith, together with the rest of his illegal ruling council. We are prepared to enter into negotiations with them, to work out the mechanics for a smooth transfer of power.

I pledge that if they hand over quietly, they will be retired with all their entitlements, and their positions will be accorded all the respect due to them. For our objective is neither recrimination nor

We are sickened to see people who have shown little or no personal achievement, either in building up private businesses, or making success of any tangible thing, being placed in charge of the management of our nation’s economy, by rulers who are not accountable to anyone.

Enough of square pegs in round holes! witch-hunting, but an enforcement of the will of the Nigerian people, as expressed in free elections conducted by the duly constituted authority of the time.

I hereby invoke the mandate bestowed upon me by my victory in the said election, to call on all members of the Armed Forces and the Police, the Civil and Public Services throughout the Federal Republic of Nigeria, to obey only the Government of National Unity that is headed by me, your only elected President.

My Government of National Unity is the only legitimate, constituted authority in the Federal Republic of Nigeria as of now.

People of Nigeria, these are challenging times in the history of our continent, Africa, and we in Nigeria must not allow ourselves to be left behind. Our struggle is the same as that waged by the people of South Africa, which has been successfully concluded, with the inauguration of Mr. Nelson Mandela as the first African President of that country.

Nelson Mandela fought to replace MINORITY rule with MAJORITY rule. We in Nigeria are also fighting to replace MINORITY rule, for we are ruled by only a tiny section of our armed forces. Like the South Africans, we want MAJORITY rule today, that is rule only by those chosen by all the people of Nigeria as a whole in free and fair elections.

The only difference between South Africa and Nigeria is that those who imposed minority rule on the majority rule, whether it is by black or white, remains minority rule, and must be booted out.

I call on you, heroic people of Nigeria, to emulate the actions of your brothers and sisters in South Africa and stand up as one person to throw away the yoke of minority rule forever. The antics of every minority that oppresses the majority are always the same. They will try to intimidate you with threats of police action. But do not let us fear arrest.

In South Africa, so many people were arrested, during the campaign against the Pass Laws, for instance, that the jails could not hold all of them. Today, apartheid is gone forever. So, let it be with Nigeria.

Let us say goodbye forever to minority rule by the military. They talk of treason. But haven’t they heard of the Rivonia treason trial in South Africa? Did those treason trials halt the march of history?

People of Nigeria, our time is now. You are the repository of power in the land. No one can give you power. It is yours. Take it!

From this day, show to the world that anyone who takes the people of Nigeria for fools is deceiving himself and will have the people to answer to.

God bless you all.

Long live the Federal Republic of Nigeria.

Long live the Government of National Unity.

12

THE GUARDIAN, Tuesday, June 11, 2013

TheMetroSection Saved from mystery gunmen • Lagos Islamic scholar narrates ordeal in the hands of adversaries UT for the special grace of God and B the fact that he was not at home when the gun marauders invaded his

Sheik Jubreel

PHOTOS: ODITA SUNDAY

YOUTH GROUP on Lagos A Island, popularly known as Isale Eko, Ajia Ijesha Boys’ Club, recently staged its second edition of Jersey Carnival.

With the area devoid of the buzz of traders and shoppers due to the public holiday declared by the Federal Government to mark Democracy Day, it was the perfect moment for residents and Isale Eko boys to unwind.

This, they did, to the fullest. The scene of action for the Jersey Carnival was Oshodi Street, but it wasn’t until sunset before the youths took over the carvedout park at the entrance of

HE families of Otovo of T Bethel-Oyede and Umebese of Ellu, both of Isoko North

mity of the attack on my home and they came, they took photographs of the scene. Why I did not go to the police is because the SSS were still investigating the matter. I was with his father for many years as Lecturer at his Islamic Institute in Agege. He was four years old then. Before his father’s passing away, he signed a document directing that I should take over the Islamic Institute at his demise. It was implemented; I remained there as the principal from 1992 to 1997 when he rose up against me and insist I hand over the Islamic movement to him since it was his father’s prop-

Gate to his house ridden with bullet holes

erty,” Sheik Jubreel said.

He added: “It was a thug of war then, I immediately gave up the place to him since my life was threatened then and left Agege to Ijaiye Ojokoro here to set up my own movement and Institute. God has favoured me since then. I served his father for more than 35years, now I am progressing. It is out of envy that the young man is still fighting me.”

He noted that his late boss’s son does not have the support of the 23 children of his father and the wives.

According to him: “The most interesting thing is that all his 23 siblings

and father’s wives are on my side and they are with my Islamic movement and not his. Just a few days ago, we caught a stranger who did not have a genuine mission to my home, although he did not mention names, he confessed he was sent by someone to come and drop charms in my family compound. Immediately, we invited the SSS who now arrested and took him to their office.”

“Apart from God’s Divine protection, I want the government to come to my aid and protect me. I also want to bring to the notice of the authorities what I am facing,” he pleaded.

Oshodi street boys re-channel soccer fanaticism at Jersey Carnival

By Tope Templer Olaiya, Assistant Lagos City

Barnabas Otovo, his wife, Julie for burial June 22 Local Council of Delta have announced the death of Chief Barnabas Eniwoke Otovo, 84, and his wife, Mrs. Julie Efemena Otovo, (nee Umebese), aged 71.

Both died on May 3.

Funeral rites begin on Friday, June 21, with a service of songs at their residence, No. 14 A, Bethel Oyede Road. They will be buried on Saturday, June 22, after a funeral service at St. Mary’s Anglican Church, Bethel at 1.30p.m.

A thanksgiving service holds on Sunday, June 23, at the same church at 9.00a.m.

They are survived by children and other relations among whom are Evang. Festus Otovo, Fred Otovo, Otovo Ifoghale and Prof. Phelix Umebese.

By Odita Sunday

home on Biome Street, Ijaiye Ojokoro, Lagos, the founder of Morikaz Salam Islamic Movement and Islamic Peace Society (IPS) Sheik Moshood Ramadan Jubreel would have become history by now.

Gunmen attacked his home on May 22, firing gunshots into his compound. However, the attackers, who may have presumed he was at home, only met an empty house.

But the Islamic leader told The Guardian that his attackers are not unknown to him as he had been in a cold war with the second son of his late teacher and mentor who died in 1992.

Jubreel, popularly called Baba by his followers and scholars, spoke to The Guardian in Yoruba language, urging the Lagos State government and Lagos State Police command to protect him that his attackers are after his life.

“My children heard gunshots in front of my house, when I returned, my children showed me the bullet pellets on the ground and gunshot signs on my gate. Few days before my home was attacked, I was invited by the Department of State Security (DSS) over an allegation by the son of my late principal and mentor (name withheld) alleging I threatened his life. It was the third day after I went to answer questions at the SSS office that my house was attacked.”

“I also invited the SSS to see the enor-

Briefs

the street known as the Oshodi Recreational Centre.

Along the long stretch of the street, it was fun time for both the young and the old. Children gathered to play pranks and chase each other while the men sat in groups bare-chested to play card games, Ayo and Ludo.

Some others gathered in front of an eatery anxiously waiting for a bowl of freshhot pounded yam, which was being prepared by three women simultaneosly in a rhythmic dance movement.

By sunset, the big moment arrived and residents all came out to the roadside to absorb the scenic sight of youths trooping out in their preferred jerseys in different colours and throwing

jives at friends adorning jerseys of opposing clubs and countries.

According to the organizers, which included The Guardian, Jersey Carnival, was a novel way of channeling soccer fanaticism among football followers into productive use by celebrating Democracy Day in a different way to foster patriotism and national unity among the youth.

Ajia Ijesha boys and youths of neighbouring streets laid siege on Oshodi Street into the early hours of the morning under a bright clear moonlight donning football jerseys, mufflers, flags, banners and wristbands of the Super Eagles, Brazil, and other coun-

Court remands 22-year-old man for bathing girlfriend with acid From Alemma-Ozioruva Aliu, Benin City TWENTY-TWO YEAR-OLD man, Cyril Okosun, was yesterday remanded in Benin Prison, along Sapele Road, for allegedly bathing his girlfriend, Blessing Ikhumuhi with acid.

The order was given at Ikpoba Okha Area Customary Court sitting at Idogbo.

The offence was allegedly committed on April 9, 2013 at Dumez Road in Benin City, when he allegedly poured acid on the face and body of the girl after she said she was no longer interested the relationship.

His counsel, Fidelis Oriafo, pleaded for his bail but the prosecutor Inspector Victor Ehiorobo objected on the grounds that the victim, Blessing Ikhumuhi, was still in a critical condition at the UBTH. President of the court,Princess Esther Eweka,

A

tries and popular club sides.

Attractions included stage performances, dance competitions and comedians, who were out to crack some peoples’ ribs with jaw-shattering jokes.

After the awards’ contest, Oluwakemi Disu, emerged the best-kitted fan. Nigeria was the most represented country jersey and Manchester United emerged the most represented club jersey.

The Otovos

Orhii, Fagbohungbe, others for NAJUC seminar today IRECTOR General of the NaD tional Agency for Food and Drug Administration and Control (NAFDAC), Dr. Paul Orhii will today educate the judicial correspondents on both local and international laws guiding the operations of NAFDAC. Orhii will lead other dignitaries to speak on the yearly workshop of the Lagos branch of National Association of Judicial Correspondents (NAJUC) with the theme: “'Government Agencies and Operational Law: Review and Overview.

The event starts at 9.00a.m. at the Function Room of the MUSON Centre, Lagos.

A statement issued by the Central Planning said that the two-day event began yesterday with a free health checkup for all NAJUC members.

It will be chaired by Chief Felix Fagbohungbe (SAN).

Oluwadare, 70, for burial Some youths at the event

Briefs Launch of Opobo association holds June 15 HE formal launch of Vanguard of Opobo Nation (VON) T holds on Saturday, June 15 at Sparkle Multipurpose Hall, Plot 118, Joel Ogunnaike Street, G.R.A Ikeja, Lagos at

Margaret Benson-Idahosa to speak at CWFI

rites for Mrs. Ilori FdiedUNERAL Omolayo Oluwadare, who at the age 70, begin with a Service of Songs on Friday, June 14, at her residence, 18, Ijewi Street, Irorin Quarters, Ilawe Ekiti, Ekiti State at 5.00p.m.

She will be buried on Saturday, June 15, after a Commendation Service at Saint John’s Pro-Cathedral Church, Ilawe Ekiti, Ekiti State at 10.00a.m.

HE second edition of Ladies-In-Waiting event holds toT morrow at the Civic Centre, Victoria Island, Lagos at 4.00p.m.

Blessing adjourned the case to July 23 2013 for hearing for possible consideration of bail.

“I am objecting to bail application by the accused counsel because the prosecutor said that the victim is still in a critical condition, so he will be remanded in prison custody.”

A programme designed for ladies who are in “God’s Waiting Room,” to address the challenges they face when there is a delay in their hearts’ desires, and how to look up to God to meet their needs, it will have Dr. Margaret Benson-Idahosa, the Archbishop of Church of God Mission Int’l as the guest speaker.

It is a yearly event held under the auspices of the Christian Women Fellowship International (CWFI), a trans-denominational fellowship with its global headquarters in Benin City.

It was founded by Mrs. Benson-Idahosa.

Oluwadare

THE GUARDIAN, Tuesday, June 11, 2013

13

14 | THE GUARDIAN, Tuesday, June 11, 2013

TheGuardian Conscience Nurtured by Truth

FOUNDER: ALEX U. IBRU (1945 – 2011) Conscience is an open wound; only truth can heal it. Uthman dan Fodio 1754-1816

Editorial The judiciary, hope and despair HEN an Ikeja High Court, Lagos the other day sentenced Olaolu Salau, to 168 W years imprisonment with hard labour for defrauding a businessman, the nation’s judiciary threw itself up as the butt of jokes. Had the said term been imposed in any of those corruption cases involving public office holders, ears would not have tingled in the least. Rather, Nigerians would have gone dancing in the streets and the judiciary would have been celebrated to high heavens.

But that was not the case. The person on whom it was imposed is the same ordinary Nigerian against whom the judiciary is known to vent its spleen all the time for small infractions. Of course, all crimes must be punished and a fraud is a high crime, but the sentence of 168 years for theft of N2.5 million committed by Salau has shown the judiciary for what Chief Justice Aloma Mukhtar echoed the other day: not the hope but the albatross of the common man.

How on earth could a judiciary notorious for passing fickle-minded sentences on big time looters and enemies of the nation now deem it fit to impose the maximum sentence under the law on a man who stole N2.5 million? What principles of law came into play in arriving at that punishment? In what way was that offence involved more severe than that of many official treasury looters and big bank fraudsters who were sentenced to sometimes as little as three months imprisonment? What about the recent pension fraud case of Yakubu Yusuf, who reportedly stole billions of naira but was asked to pay a fine of N750,000 to earn his freedom? Is there a difference between fraud committed against an individual and one against the public treasury? Indeed, the one committed against the public should attract stiffer punishment than the one committed against an individual. This was the rationale adopted by the court in the case of Ibeabuchi v.

C.O.P where the thrust of the judgment was that offences involving the abuse of position of trust deserve to be more severely penalised than similar offences which lack this feature. And it makes sense in view of the guidelines mapped out by the Supreme Court on how to sentence offenders.

According to the Supreme Court, seriousness of the offence committed, prevalence of the offence and the offence of abuse of position of trust are some of the important considerations in sentencing an offender. There is no doubt that the biggest trouble with Nigeria today is corruption and allied offences and to that extent the one deserving the heaviest penalty. What this means is that if Olaolu Salau deserved seven years imprisonment for defrauding a businessman to the tune of N2.5 million, the big time looters who steal billions of naira and bleed the nation dry deserve several times heavier terms of imprisonment, considering the multiplier effect of their action on the nation and its citizenry.

It is disturbing that years after Justice Atanda Fatayi-Williams, Chief Justice of Nigeria as he then was, warned that “one of the main defects today of our criminal law is the incoherent, irrational and incredibly intricate variety of sentences legally pronounced by different courts exercising the same jurisdiction in respect of the same or similar offences”, the Nigerian judiciary is yet to rise above these challenges. Serious discrepancies in sentencing as is the case with Olaolu Salau abound in far greater proportion today than what it was at the time FatayiWilliams raised the alarm. Today, the magnitude of the discrepancy has made the judiciary a laughing stock, an object of ridicule and public opprobrium all going to show that public trust in it has waned considerably. This fact is happily not lost on CJN Aloma Mukhtar, who recently decried a situation which she described as “the poor gets jailed while the rich gets bailed”. As has been observed by notable jurists, justice must be rooted in confidence and confidence is destroyed when right-minded people go away thinking the judge didn’t do justice. In other words, it is not enough that justice is done, but it must manifestly be seen to have been done. The popular notion today is that the judiciary blows muted trumpet in cases involving high profile offenders and bares its fangs only in cases involving the little man.

This anomaly has been perpetuated by the nation’s penal legislations, which often time prescribe only the maximum sentence, thereby giving the court a wide discretion between the minimum and the maximum. These wide discretionary powers are directly responsible for the contradictory and incoherent sentences handed down by the courts. And it is so because the powers which are supposed to be exercised judiciously have fallen prey to extraneous factors such as relationship with the offender, offer of gratification and feeling of obligation towards the offender for favour once dispensed by or received from him. Cynics now rightly say that most judges are as good as political appointees, indebted to their appointors or political godfathers and so would be wary of ruffling feathers and imposing heavy sentence in corruption cases involving politicians or political office holders.

To restore sanity therefore, it is necessary to regulate the discretionary powers of judges in the area of sentencing. One of the ways of doing this is to ask every judge or magistrate to state in writing his reasons for the sentence imposed on an offender. This will invariably bring about consistency in sentences, and will ensure that decisions are rationally and properly reasoned and will prevent the sentence from being influenced by emotional or other extraneous reactions to the offence or the offender. Above all, judges would be forced to bring to bear proper reflection and reasoning on their sentencing.

Otherwise, the judiciary would remain an object of ridicule as the case of citizen Salau tends to portray it.

LETTERS

Politicians and obsession for pettiness The Nigerian political class’s penchant for heating SupIR: the political system is unbecoming. Apart from their notoriety for corruption in addition to their steepness in undemocratic tendencies as rigging, imposition of candidates for elections and rejection of electoral results except those in their favour, among sundry subversion of the electoral process, they are always found locked in one bitter wrangling or the other among themselves.

This anomaly keeps the political environment constantly charged.

This attitude is sickening.

Virtues as perseverance, resourcefulness and selflessness are hard to come by among the politicians. They are quick to throw diatribe at

anyone opposed to their point of view. A case in point is the ongoing altercation involving a coalition of opposition politicians angling for the registration of a new political party, with INEC on one hand and the PDP on the other hand over eligibility for registration or otherwise of the newly formed party, the All Progressive Congress (APC).

INEC, the agency saddled with the statutory responsibility of registering political parties has repeatedly announced to the facilitators of APC that another political party with the same acronym, the African Peoples Congress has already been registered with the electoral umpire, but the conveners of

the All Progressive Congress are not persuaded.

The fact is that what makes a political party popular is not the name or acronym but the character of the men and women that constitute its membership and the programme. Besides, I have no doubt that there are imaginative minds among the Progressives’ fold with the capacity to conceive an alternative name with an equally scintillating acronym as the rejected APC, which will be acceptable to INEC and thus put an end to the ongoing bickering and mutual recrimination resulting from INEC’s rejection of the name.

After all, by whatever name rose is called, it will have a pleasant smell.

• Comrade Akido Agenro, Iju-Ishaga, Lagos.

Teachers deserve better deals IR: The saying that “teachers’ reward is in heaven” may Sexplain why anybody who chooses the teaching profession must have made up his mind to live in penury or at best remain a low income earner.

It is very sad to note that the education sector is one that offers practitioners low incentives and compensation when compared with other sectors like oil and gas, banking, telecoms etc. No wonder why many are no longer interested in teaching as a profession.

Majority of young graduates in the line these days are there because they find it difficult to secure jobs in well-paid sectors.

Only a few private operators of school are trying to address the problem. Even at the tertiary level, some private polytechnics and universities employ only on part time basis, a deliberate act to short-change lecturers. In fact, some will even pay a full time teacher at the end of a semester (about four months).

Governmentowned institutions also do this for their part-time lecturers.

What is the rationale behind paying part-time lecturers at the end of the semester when majority of the students would have paid their school

fees on resumption? Are part-time lecturers exempted from settling bills and incurring other regular expenses?

A school proprietor even said that the school policy on new lecturer employment is that “work without pay for a whole semester” after which they can be considered for further employment with pay!

I appeal to school proprietors to adequately motivate their workers. They should not be made to suffer. The rot in our educational system can be tackled if those that have genuine passion for academics are motivated with better packages.

• Tunji Ajibola, Lagos.

THE GUARDIAN, Tuesday, June 11, 2013

15

Business Appointments P27 Challenges of achieving global decent work arena

Dangote Cement strips N46b shares to S. African firm

By Bukky Olajide, with agency reports ANGOTE Cement Plc, the highest capitalised equity D on the Nigerian Stock Exchange (NSE), yesterday drove the activity chart on the bourse, accounting for 256.59 million shares valued at

• Transactions on the Exchange up by 49 per cent N45.96 billion.

The unprecedented trading at the NSE was sequel to the uploading of Dangote Industries’ 1.5 per cent of its 95 per cent shareholding in the

cement company to South Africa’s Public Investment Corporation (PIC) in a scheme scripted under the Sovereign Wealth Fund (SWF).

According to the Moscow

based Renaissance Capital which handled the deal, the stake was sold at N179 per share, valuing the deal at N45.8 billion, $289 million, thereby giving it an implied market

Group Managing Director and Chief Executive, First City Monument Bank (FCMB) Plc, Ladi Balogun (left); Company Secretary, Mrs. Olajumoke Bakare; and Director, Otunba Olutola Senbore, at the bank’s shareholders’ forum in Lagos, yesterday.

Number porting scheme experiencing traffic lull, says MTN

By Adeyemi Adepetun

Telecoms firm ready to disconnect unregistered SIMs

weeks into its launch in Nigeria, the traffic generSatedEVEN by the Mobile Number

Explaining the scenario around the scheme yesterday, MTN Nigeria’s Corporate Service Executive, Akinwale Goodluck said that though the telecommunications firm has welcomed quantifiable number of subscribers into its fold, customers’ apathy have been increased by some factors.

Goodluck, who listed parts of the limiting factors to include

Portability (MNP) scheme has not been significant, MTN Nigeria has said.

According to MTN, contrary to the industry’s preparedness and hype that proceeded its launch on April 22 in the country, the MNP benefits are yet to be fully explored by subscribers.

issue of multi-SIM phones and the relative ease with which a subscriber can purchase a SIM cards from sales outlets, posited that the telecommunications firm is optimistic that the scheme will still experience a boom in the country.

“We are yet to see more porting activities as expected by the industry. But the believe is that as we go forward with greater

enlightenment, it will increase.

We see number porting as a democratic way of subscribers choosing their service providers. For us as a network and contrary to rumour that we weren’t prepared, I can say authoritatively that we have invested a lot on out network in preparation for it take-off in Nigeria and we expect more subscribers to come into the

CONTINUED ON PAGE 16

Okomu to build Africa’s largest mill

By Femi Adekoya O boost yield from oil palm and rubber plantations in T the country, Okomu Oil Palm Company Plc has revealed plans to build the biggest oil mill in Africa.

The plan, which will see the company expanding its oil mill from a production capacity of 30 tonnes per hour to 60 tonnes per hour was disclosed by the company’s Chairman, Gbenga Oyebode, at the company’s yearly general meeting in Abuja, recently.

According to him, the expan-

sion of its oil mill, which will double its production capacity from 30t/hr to 60t/hr thereby making it the largest oil mill in Africa has already commenced and is scheduled for completion before the peak in 2014.

In a statement made available to The Guardian, the company noted that the programme includes the planting of a total of 600 hectares of rubber in 2013 and another 700 hectares, which has already been cleared, will be planted in 2014.

Oyebode further explained that the company’s expansion programme will boost yield

from its oil palm and rubber plantations and grow the revenue of the company, noting that the last 1,200 hectares of clearing is expected to begin in October 2013.

In the same vein, the company added that it will continue its replant programme with another 402 hectares of oil palm in 2013 and a similar amount to be replanted in 2014, among others.

Besides, the company also announced the payment of a dividend of N7.00 for every 50kobo share to its shareholders for the year ended 2012. The

dividend, the highest ever paid in the company’s history, is 29 per cent higher than that of N5.50 it paid to shareholders in 2011.

The company also gave a bonus of one new share for every existing ordinary share of 50k held by each shareholder of the company.

Oyebode noted that company recorded a combined consolidated turnover of N10.1 billion in 2012, in spite of the lowerthan-average commodity prices and trade volumes occa-

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capitalization of $19.3 billion Dangote Cement is a fully integrated cement company and has projects and operations in Nigeria and 14 other African countries; Dangote Cement’s current total production capacity in Nigeria from its three existing cement plants namely Obajana (10.25MMTPA), Ibese (6.0MMTPA) and Gboko (4.0MMTPA) is 20.25MMTPA. The Obajana Cement Plant (OCP) located in Kogi State is reputed to be one of the single largest cement plants in the world with a combined capacity of 10.25MMTPA. A fourth line, which add 3.0MMTPA to the existing capacity will bring the total capacity of Obajana to 13.25MMTPA by 2015.

Dangote Cement is also the biggest quoted company in West Africa and the only Nigerian company on the Forbes Global 2000 Companies.

Dangote himself is currently the 25th richest man in the world, worth $20 billion, according to Forbes’ latest estimate.

The PIC, which manages pension fund for the South African government, is trying to diver-

sify its investment out of its home market to tap into other faster growing African markets.

Last year, the PIC bought 19.58 percent of pan-African lender Ecobank Trasnational Incorporated (ETI) for $250 million, its first major investment outside of South Africa.

Weekly activities on the NSE opened yesterday on a bullish trend as investors staked N50.95 billion on 735.29 million shares in 6,897 deals.

The volume of shares traded grew by 49.11 per cent from the 493.13 million shares worth N5.40 billion traded in 6,852 deals on Friday.

The Managing Director, APT Securities and Funds Limited, Malam Garba Kurfi, linked the volume in Dangote Cement to part of divestment process by Alhaji Aliko Dangote to reduce his holdings.

Kurfi said that Dangote was directed to reduce his holdings in the company to 80 per cent, from the current figure of 93 per cent.

IHS trailed on the activity chart with 101.22 million shares worth N202.43 million, while Access Bank exchanged 44.01 million shares valued at N511.58 million.

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Minister explains new strategy for increased cocoa output

By Chijioke Nelson, with agency reports HE Minister of Agriculture T and Natural Resources, Akinwunmi Adeshina, said that the nation’s march towards economic diversification through agricultural rebirth would receive a new boost with the introduction of new entity in the cocoa subsector.

Adesina, who made the disclosure in an interview in Washington on the sidelines of a meeting of the World Cocoa Foundation (WCF), noted that investments in processing will allow 25 per cent of the cocoa to be consumed domestically, while new warehouses will provide storage necessary to time sales at better market prices.

He said that the Cocoa Corporation of Nigeria, which will be led by the industry, will help revive the domestic industry and double production of the chocolate-making ingredient to 500,000 metric tonnes in two years.

He explained that Nigeria earned about $900 million from cocoa exports in 2012, while agriculture was responsible for about 44 per cent of the country’s gross domestic product.

According to him, sustaining the economy beyond oil would mean that Nigeria’s pride of place as the world’s fourth largest producer of cocoa would be protected and supported to ensure a meaningful contribution to the nation’s Gross Domestic Product.

“We are putting Nigeria back into the world cocoa market.

After becoming the secondlargest exporter in the 1960s, Nigeria lost market share to Ivory Coast (Cote d’Ivoire), Ghana and Indonesia as the country concentrated its resources on oil production,” he said.

Meanwhile, cocoa futures

traded in New York were up 5.8 per cent this year at $2,366 per metric tonne, on signs that demand for chocolate is rising.

In the first quarter, North America’s grindings, a measure of demand by end-users, unexpectedly rose 5.8 per cent

from a year earlier, according to the National Confectioners Association in Washington.

The minister said that Nigerian will regulate the new cocoa corporation, while local officials will contribute land and the central bank will handle the development

finance.

He noted that supporters, including the WCF, which works with private companies and government donors to train farmers in sustainable growing practices, would also be involved at the ground level.

Regional Director, Ikoyi and Lagos Island, Skye Bank Plc, Ms. Nkolika Okoli (left); new Turkish Ambassador to Nigeria, Mustafa Pulat; and Head, E-Channels, Skye Bank Plc, Chuks Iku, during a courtesy visit to the ambassador in Abuja, yesterday.

Number porting scheme experiencing traffic lull, says MTN CONTINUED FROM PAGE 15 network.”

The MTN’s Corporate Service Executive, who said the level of porting, is often an indication of market share, said across the country and other climes where it has been launched, “we have discovered that after sometime when it stabilizes, the tendency is that you will win as much as you lose. So giving a specific figure for those who have ported in or out may be difficult now. There is need to drive peoples’ enthusiasm if they must port.”

Though, the NCC’s Director of Public Affairs, Dr. Tony Ojobo had said 48 hours after its launch in April, about 48 subscribers switched networks,

the president of the National Association of Telecommunications Subscribers of Nigeria (NATCOMs), Chief Deolu Ogunbanjo told The Guardian that there has been a lull in the traffic, stressing that information at his disposal confirmed that only 10, 000 subscribers

have ported.

While calling for more awareness on the scheme, Goodluck said the process was not dead on arrival, stressing that it will keep operators on their toe and ensure that they treat their customers as king, because no operator would want to lose a subscriber.

Okomu to build Africa’s largest mill CONTINUED FROM PAGE 15 sioned by the continuing worldwide financial crisis and uncertainty in the Euro Zone and USA which continued to influence negatively in consumer spending during the year under review.

“Commodity prices, as a result of this crisis, dropped significantly, especially rubber prices, and this, amongst others, had an influence on the company’s profits in 2012.

Notwithstanding these challenges, the company managed

to perform admirably and this can be seen in the record highs achieved by our share price over this period,” the Chairman said.

He, however, observed that the company operations, encountered significant security challenges on daily basis in form of disruptions from militants and kidnapping of its personnel, and attributed the company’s survival to the proactive engagement of the management with local community, adopted by the company.

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BUSINESS

SON to enforce compliance with e-registration from July 1 ...To confiscate erring products

By Femi Adekoya O drive its e-products registration initiative, the Standards Organisation of Nigeria (SON) has warned manufacturers and importers against acting in contrast to the provision of the scheme, as it restates its resolution to sanction erring stakeholder when enforcement commences at the end of June.

The move is part of the agency’s drive to enhance stakeholders’ adoption of the scheme.

The agency noted that after several months of grace given to stakeholders for the registration process that a nationwide enforcement scheme that will witness the arrest and confiscation of non-compliant products will begin at the end of June.

Director-General of the agency, Dr Joseph Ikem Odumodu, had said that any product, which failed to comply with the e-products registration initiative, would be sanctioned.

He added that to ensure the success of its zero tolerance to substandard products, the new scheme was designed to ensure products’ traceability, sanitise the markets and rid the nation of substandard products, noting that the initiative will help importers build a database containing details of products for easy traceability and reference.

Odumodu also warned that any product that failed to comply with the e-registration policy would be removed from the market, irrespective of its status or whether it had SON Conformity Assessment Programme certification or not.

Odumodu also said in order to reduce the level of substandard products in the country, make a positive impact on the economy as well as encourage local industries to grow, SON’s programmes were running under the auspices of the six-point agenda of consumer engagement and education, global relevance, capacity building, improvement of the competitiveness of local products, aggressive conformity assess-

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ment programme and media engagement.

“We are setting up an electronic security system with electronic registration in connection with other agencies to alert us when products arrive.

At present, we have improved collaborations with relevant authorities in order to achieve this objective.

“By July 1st, any product in the market without electronic registration will be removed. The essence of this is to build a database on details on all the products in the market. We need to have a link with the products by having all the details.

“We will not accept any product that has no product liabili-

ty. From this year, once offenders are caught, we will make them face the camera and make them apologise to Nigerians. This exercise is to ensure product traceability and achieve standards, which will enhance productivity,” he said.

The SON DG highlighted the agency’s 2013 agenda of focusing on core areas of importance in the area of promoting certified made-in-Nigeria products through every available means; creating greater awareness for Nigeria mark of quality; reduction and control of substandard products in circulation to less than 30 per cent; and completion of 40 laboratories of different categories.

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Shareholders endorse NASCON’s N2.35 billion dividend

By Helen Oji HAREHOLDERS of National Salt Company of Nigeria Plc (NASCON), have commended the company’s board on its improved performance, even as they approve its N2.35 billion dividend, translating to 90 kobo for every 50 kobo ordinary share held due to every shareholder of the company for the 2012 financial year.

Speaking at the yearly general meeting of the company in Lagos, the shareholders who lauded the management for enhancing their returns on investment through dividend payout, also urged them to ensure that it reduces the number of shareholders on its unclaimed dividend list.

They advised the management to ensure that they plough back the proceeds from the unclaimed dividend into the company after 12 years to enhance its profitabil-

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ity and shareholders’ value.

Specifically, the National Coordinator, Progressive Shareholders Association of Nigeria, Mr. Boniface Okezie, who commended the company for their prudent management of the affairs of the company especially on its robust dividend payout amid harsh economic environment, however, noted that the numbers of shareholder on the company’s unclaimed dividend list is over 284 billion.

He expressed the need for the company to publish the names of these shareholders in order to make it public.

“I commend the board for the dividend declared and I urge shareholders to subscribe to edividend so that their dividend would be paid. The best any company can do on this unclaimed dividend is to publish the list and after 12 years, if the owners fail to claim them, it should go back to the company for the benefit of share-

holders.”

Another shareholder, Mr. Nona Awo, advised the management to put measures in place to enable it sustain its performance in order to outwit competition in the industry.

He added that the company needed to reduce its administrative and distribution expenses to enhance its earning per share.

Responding, the company’s Chairman, Alhaji Aliko Dangote, who assured shareholders that the future of the company is secured, explained that the company has concluded plans to start the production of cube seasonings and tomatoes packaging, as well as vegetable oil refinery in order to consolidate on the performance.

He explained that the company is already sourcing for raw materials for production, adding that these products would be ready by the next

quarter.

“We are committed to improving our upward trend and we will ensure that your company continues to grow and remain competitive so as to deliver increasing dividend to all stakeholders. To this effect, your board and management are working on starting our seasoning business, vegetable oil refinery and tomato packaging operations, in line with

our vision of becoming a frontline foods business in Nigeria. The business is double of this because it is bigger

than what we are doing currently and I assure you that the future of the company is very great”, he said.

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Dangote Group’s subsidiaries pay N59b dividend HAReHOlDeRS of three S(NSe) Nigerian Stock exchange listed subsidiaries of the Pan-African conglomerate, Dangote Group, are currently basking in the euphoria of good harvest as the companies made bumper returns on their investments.

As at end of December 2012 financial year, Dangote Cement, Dangote Sugar Refinery and National Salt Company of Nigeria (NASCON) altogether paid N59billion as dividends.

The Group’s flagship, the Dangote Cement led the pack with a total dividend payout of N51 billion, Dangote Sugar rewarded the shareholders with N6billion, while Dangote Salt (NASCON) paid out N2.3 billion as dividends.

As for Dangote Cement, the dividend approved by the shareholders at the 2012 Annual General Meeting

(AGM), held in Abuja translated to an unprecedented 300 kobo per share.

As for Dangote Sugar Refinery enriched shareholders with 50 kobo for every one ordinary share of 50 kobo.

NASCON on its part paid each shareholder 90 kobo for every 50 kobo ordinary share held.

A statement from the group at the weekend said that the dividend payout from the subsidiaries were significant in many respect, given that many quoted companies could not pay good dividends while some others recorded either declining profits or outright loses. elated shareholders showed encomiums on the board and management of the business units for recording sterling performances in the financial year under consideration, despite the inclement operating environment.

Skye Bank introduces COT free product for traders, small businesses

By Chijioke Nelson kye Bank Plc has launched a new product known as Skye Business Account, to cater for the banking needs of small business units, traders and artisans, who otherwise may have been excluded in the banking system.

According to the bank, Skye Business Account is a current account with an affordable opening balance for traders and small business owners for whom the product was specifically created, with the complementary inscription of the customer’s name on the MasterCard issued to account holders.

The product, which by intent is business-friendly, would not

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be charged commission on turnover, as long as debit turnover is not more than N15 million per month.

In a statement from the bank, the product was also a deliberate attempt to support the current initiative of the Central Bank of Nigeria’s financial inclusion drive, which seeks to integrate the informal sector into the banking world.

Skye Bank’s Head of Small Business Group, Wole Aderinkomi, who made this disclosure, said that the product offered full Internet access to the account holders in addition to the MasterCard debit card, which enables customers to carry out business internationally.

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Appointments Challenges of achieving global decent work arena

From Collins Olayinka, Geneva, Switzerland HE work environment world over is an arena for contestations where the centrifugal and centripetal forces as represented by government, employers and workers are perpetually at play.

While employers are eager to get the best from its workforce, employees, as represented by industrial unions, always seek better wages that equal the amount of energy they put into their work. On the other hand, government plays the dual roles of a regulator as well as employers of labour.

The International Labour Organisation (ILO) serves as a referee that ensures compliance with internationally accepted norms in order to guarantee a harmonious work arena. This forms the fulcrum of the annual labour conference where regulations are reviewed, new ones made in order to engender a peaceful global work arena.

Over the years, the International Labour Conference (ILC) has assumed different meanings to the tripartite bodies – government, unions and employers.

Need to stress that Nigeria has for many years presented the largest participants.

However, the large participants have not translated to tangible achievements for the country, as it has always spoken with divergent voices.

Often times, labour unions sing different tones while employers and government are perpetually in disagreement at the meeting.

Because there has never been any kind of control over participants, Nigerians have turned the annual conference into jamboree and occasion to either engage in trade and commerce activities or visit to families and friends in other European countries.

This disturbing trend may have started to change as the Permanent Secretary in the Ministry of Labour and Productivity, Dr. Clement

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Esele

Ryder

Wogu Illoh, insisted that all participants held a meeting where Nigeria’s position on matters that would be discussed at the conference were jointly taken and that the country spoke with one voice.

Indeed, this meeting, which was held two weeks before the opening of the conference, had all the three tripartite bodies in attendance.

The meeting may have been responsible for the new perception Nigeria is galvanising at the 2013 edition of the conference as the country is speaking with one voice and the participants disagreed logically when the need arose.

To the treasurer of the Nigeria Labour Congress (NLC), Wabba Ayuba, the participation of Nigeria in the 2013 edition of the ILC has been unparallel in the last 10 years.

He said: “Since I started attending the ILC in over 10 years, I can say that this is the first time Nigeria is having the most coherent voice. Few weeks before the conference began, the permanent secretary in the Ministry of Labour and Productivity insisted that all the participants had a meeting where Nigeria’s position would be articulated. We are expected to report back on how the conference went. This to me has brought a new dimension to our participation. It will make our participation result-oriented and portray the country as a serious country.”

While calling for professionals to head specialised government agencies and ministries, Wabba added: “The appointment of Dr. Illoh as the permanent secretary justifies the calls for the appointment of professionals to man specialised ministries and other government agencies.

“The current system where permanent secretaries do not spend more than two years in ministries is not productive. I know that Dr. Illoh started his carrier in the Labour Ministry and he is now a permanent secretary. This allows the introduction of tailor-made

policies that could be beneficial to the development of the country.”

Meanwhile, the ILO has stressed the need to get a grip on the rapid changes affecting the world of work.

The Secretary-General of the ILO, Guy Ryder, while speaking at the opening of the ILC in Geneva, Switzerland, used the opportunity to outline his vision for tackling the various challenges that are having an impact on workers, enterprises and governments around the world.

He said that the world of work was transformed more quickly and more deeply than ever before by rapid changes in demography and technology, growing inequality, poverty and the slow economic recovery.

The ILO scribe maintained that these issues posed challenges for achieving the goal of decent work for all.

His words: “The most important question, the one asked everywhere and with growing urgency and sometimes alarm, is ‘where are the jobs coming from?’ And it is most frequently a question addressed to the situation of our young people.”

Ryder outlined seven initiatives for a “forward-looking and strategic response” to the crisis, as he proposes in his report to the conference titled, “Towards the ILO centenary: Realities, Renewal and Tripartite Commitment”.

He stated that a standards review mechanism would update and enhance the relevance of the body of international labour standards – the ILO’s comprehensive system of instruments on work and social policy.

He also said that the ILO needed to engage more with enterprises. “An organisation which needs to connect better with the realities of business and respond better to business needs and realities, should be making efforts to engage with enterprises....

Frankly, we come to this task very late. We should not delay

further in setting about it,” he explained.

He also highlighted four other proposals relating to green jobs, poverty reduction, women at work and the future of work.

Regarding the Green Initiative, Ryder said that the ILO needed to be centre-stage in international efforts to

assure the long-term future of the planet.

“Whether we like it or not, production and consumption systems are crucial determinants of environmental sustainability and the world of work is going to have to make unprecedented efforts to reconcile its future with that of the planet,” he stressed.

The ILO also needs to play the fullest role in putting an end to extreme poverty in the world by 2030, he said, and to “eliminate the danger that poverty anywhere constitutes to prosperity everywhere.”

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ILO charts path to decent work environment CONTINUED FROM PAGE 27 profound disadvantage faced by many women in the world of work.” This, he said, was a necessary and good social and economic policy.

Ryder also proposed that an advisory panel on the future of work be established, which would draw up a report for discussion at the organsation’s centenary conference in 2019.

“Here at the ILO we have the mandate, we have the right actors and we are equipping ourselves with the means to make the world of work a better, more humane, kinder and fairer one in which all have a place and where all can have equal opportunity to realise their potential,” he added.

During the two-week conference, delegates attending the ILC will discuss a broad range of issues, including employment, growth and social progress, domestic child labour, the situation in Myanmar, employment and social protection in an ageing world, strengthening social dialogue between governments, employers and workers and promoting decent and green jobs.

The ILO, supported by the Joint United Nations Programme on HIV/AIDS (UNAIDS), has launched an initiative to reach five million workers with voluntary and confidential HIV counseling and testing tagged “VCT@WORK” by 2015.

The initiative will ensure that people who test positive are

referred to HIV services for care and support and treatment if needed.

“We want to use the mobilising power of the ILO to encourage five million working women and men to undertake voluntary HIV testing by 2015,” Ryder added.

He called on all ministries of labour, employers’ and workers’ organisations to join forces and turn this target into reality, saying, “the countdown to 2015 has begun – let us make each day count!”

The rapid expansion of antiretroviral therapy in recent years has allowed eight million people living with HIV to access treatment - enabling them to live longer, healthier and more productive lives and remain part of the workforce.

However, according to UNAIDS, it is estimated that seven million people currently eligible for treatment are not accessing it. Furthermore, it is estimated that around 40 per cent of people living with HIV globally, do not know their status, thus preventing them from accessing treatment. In many countries, this figure is higher than 50 per cent.

“If workplaces embrace this new initiative it could signify one of the most important advances we’ve seen in expanding access to HIV testing within a healthy, enabling environment and linking to on-going support including treatment,” said Michel Sidibé, executive director of UNAIDS.

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APPOINTMENT

Oil workers seek merger of PEF with regulatory agency

By Yetunde Ebosele IL workers under the aegis O of the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) have said that the Petroleum Equalisation Fund (PEF) should be merged with the regulatory agency post Petroleum Industry Bill (PIB).

The workers condemned the provision in the PIB whereby PEF will be left at “the whims and caprices of the minister of petroleum resources after the passage of the bill into law”.

They argued that since the functions of the PEF are related with the Downstream Petroleum Regulatory Agency (DPRA), one of the regulatory agencies provided for in the PIB, the fund should be merged with the agency.

The current PIB in Section 100 sub-section 4, provides “Where the Government decides that Petroleum Products markets have been effectively deregulated, the Minister shall take the required action to ensure that the Equalisation Fund ceases to exist and its assets and liabilities transferred to the Government to be controlled and managed by the Ministry and at such time the provision of the sections of this Act relating to the Equalisation Fund shall stand repealed.”

PENGASSAN President, Babatunde Ogun was quoted in a statement as saying that the bill did not stipulate

the time frame for PEF to be repealed and neither did it stipulate the fate of the workers of the PEF when the fund is repealed.

Ogun said: “This should be clarified to ensure that the fate of the current workers, especially members of PENGASSAN and the National Union of Petroleum and Natural Gas Workers (NUPENG) in that agency is adequately catered for.

“As a result of this observation, we have proposed in our position on the PIB that the agency should be merged with the Downstream Petroleum Regulatory Agency as their current functions can still align with functions of the agency.”

He said that the conditions of service after the merger should be similar to the conditions of service of the agency PEF will be merged with.

According to Ogun, this position was presented to the Nigerian National Petroleum Corporation (NNPC) during one of its engagements with the national oil company in Abuja, adding that NNPC agreed with the union.

“We have presented this our position on the status of the PEF to the NNPC in one of our meetings with NNPC, where the Group Executive Director, Exploration and Production, Mr. Abiye Membrane agreed with us that provision should be made in the PIB to move staff of PEF to the Downstream

Regulatory Agency post-PIB instead of leaving their fate hanging while the PEF dies a natural death.

“NNPC also agreed that since their functions will be transferred to the Downstream Regulator Agency, the workers should also be transferred to DPRA where they will be more relevant instead of moving them to the ministry where they may not be relevant.”

Other recommendations made by NUPENG and PENGASSAN on PEF in their positions on PIB, according to the statement include “that there should be one representative each of NUPENG and PENGASSAN on the board of the agency; the three persons to be appointed on the board of the agency should have not less than 10 years professional experience in the oil and gas industry.”

The PENGASSAN president also said that appointment into the board of PEF post PIB before it fizzle out should not be based on the recommendations of the Minister of Petroleum Resources but should follow the process of appointment for other regulatory agencies such as the National Electricity Regulatory Commission (NERC) or Nigerian Communications Commission (NCC), such appointment and removal should be ratified by the Senate, adding that the appointment should be for a specific term of four years and renewable for another term.

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NSITFplans social security scheme for vulnerable groups, others From Collins Olayinka, Geneva, Switzerland ELP is underway for the vulnerable groups such as the elderly, unemployed persons nursing mothers as the Nigeria Social Insurance Trust Fund (NSITF) plans to roll out social security scheme for the voiceless members of the Nigerian society.

This comes as about 1,500 employers and 500,000 workers have so far enrolled on the Employees Compensation Scheme (ECA).

The Managing Director of the (NSITF), Alhaji Abubakar Munir, who revealed this to The Guardian at the on-going International Labour Conference (ILC) in Geneva, Switzerland, said the Fund would roll out the scheme as soon as the National Assembly pass a draft bill on social security into law.

His words: “There is a draft bill before the National Assembly on social security.

The draft bill has gone through the first reading and public hearing had been conducted. We believe other steps would soon be taken aimed at passing the bill into law.

“The International Labour Organisation has nine branches of social security.

Out of these nine, Nigeria is implementing three, which included pension, health insurance and compensation

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schemes. The other ones such as social security for the elderly, unemployment benefits, maternity would be consolidated in the new law.

“We know that all the schemes cannot take-off at the same time but as soon as the ECA is stabilised, we will then begin the implementation of other schemes in order of importance. As at today, there are over 1,500 employers that have complied with the law while there are over 500,000 workers enrollees on the scheme.”

The NSITF boss stated that though the scheme is new in the country, the level of enrollees have continued to be on the upward swing.

“The compliance level of the Employees Compensation Scheme (ECA) by employers is appreciative with the cooperation of the National Employers Consultative Association (NECA). We now have major firms in the construction industry and their counterparts in the oil and gas sectors have also complied. The medium and smallscale sector has also complied but the main challenge is the state and local government authorities that are yet to comply,” he added.

The NSITF boss lauded President Goodluck Jonathan for meeting his promise of prompt payment for the

Federal Government staffers.

He added with the payment of 2011 and 2012 for its staff, the Federal Government remains faithful to its commitment to ensuring timely payment.

Munir explained: “The Federal Government has paid its staff for 2011, 2012 and it is about to pay for 2013. This has demonstrated the willingness of government to prioritise the wellness of its workforce

and Nigerians. We take this as a point of making a case for employers of labour in the country to pay up so we don’t endanger the lives of workers.

If government can pay, there is no reason any employer should refuse to pay.”

While the NSITF helmsman opined that the scheme may have recorded initial achievement going by the number of employers and workers on the

scheme, he was quick to add that the fund is in talks with more employers on how to join the scheme.

He added: “Even though we think we have made some laudable achievements going by the number of employers and workers we have, we are not oblivious of the need to be cautious in ensuring compliance. The NSITF is not thinking of dragging any employer to

court over the scheme at least for now. We are encouraged by the number of employers who have come to us requesting one waiver or the other in order to participate in the scheme. We will treat each waiver on its merit and ensure we are fair to all employers.”

Munir hinted that plans are underway to engage state and local councils over how to ensure speedy compliance.

Ose LG boss alleges irregularities in workers’ employment From Niyi Bello, Akure EWLY inaugurated head N of the interim caretaker committee of Ose local council of Ondo State, Victor Olotu, has condemned the illegal recruitments of workers carried out by his predecessors and others across the state.

Describing it as an embarrassment and height of irresponsibility, Olotu said the act, which led to the sacking of the councils by the state Governor Olusegun Mimiko should not be condoned by any responsible government.

The state government through a committee recently announced the discovery of over 6, 000 workers illegally recruited across the 18 local councils in the state by the chairmen of the various caretaker committees who were

relieved of their positions penultimate week.

Further findings by the panel also revealed that most of the personnel recruited were immediate family members of the chairmen especially their wives and children in primary schools, who were drawing salaries as senior civil servants.

Olotu who spoke during a reception organised for him by his kinsmen in Ido-Ani town on Saturday, condemned the actions of his predecessors and lamented that the development had further depleted the lean purse of the councils.

Rather than engaging in such disgraceful act, the new Ose council boss noted that his predecessors should have initiated pragmatic approach to job and wealth

creation in line with the caring heart policy of the Governor Olusegun Mimiko administration.

According to him, “starting from within, we will make efforts to engage our youths productively by creating jobs using our wealth of experience in the private sector. We want to create a kind of reengineering in local government administration.

“Whatever it is, what the last councils administration did in their recruitment exercise is an embarrassment not only to the people of the state but to those canvassing local government autonomy.”

Olotu said his administration would act according to the limits of its powers as local council administrators in order to ensure that youths are productively

engaged.

He added: “We have mapped out our plans and strategies which we intend to implement in such a way that we will meet our obligations to our people without further depleting the lean purse of the council in the name of political patronage.”

On his plans to tackle corruption, the new council boss pledged to put an enduring machinery in motion to curb the scourge “so that we can achieve an enduring legacy.”

He said, “there should be institutional framework to tackle indiscipline and all forms of corruption. Every worker will be guided by the principles of patriotism. My immediate plan is to key into the caring heart policy and programmes of the current administration in the state.”

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WIMBIZ holds women empowerment forum WOMEN in Management, Business and Public Service (WIMBIZ), a Nigerian based non-profit organisation recently held a roundtable business lunch in Abuja with plans to hold two more before the end of the year in Ibadan and Port Harcourt.

The Roundtable Lunch, which according to a press statement has been running successfully in Lagos since 2006 “provides a popular platform for dynamic female executives to share experiences, discuss ideas on pertinent issues that affect them, develop opportunities to give back to society, bridge generational gaps and create networking opportunities.”

The theme for the maiden

edition in the capital city was, “Straight from the heart” and had Mrs. Ifueko OmoiguOkauru, former Executive Chairman of the Federal Inland Revenue Service (FIRS) as the keynote speaker while Mrs. Omobola Johnson, Minister of Communication Technology and a founding member, Board of Trustees, WIMBIZ hosted the event.

Commenting on the importance of bringing empowerment channels to women nationwide, Mrs. Adeola Azeez, WIMBIZ chairperson said, “our unique business lunch has always been met with a great deal of excitement and enthusiasm from our numerous speakers, sponsors and attendees. We

have had so many queries from women all over the country asking why such initiatives aren’t available in their regions.”

The women of Nigeria, she added, “deserve platforms like this that enable them to come together, unified in their efforts to effect change for their gender. Our job as an organisation is to listen and make the channels to effect the changes available and accessible to all women nationwide. We look forward to bringing together the many women looking for substantive discussions of real-world solutions to key issues facing women in Nigeria today at these events.”

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BUSINESS

Nigeria spends over $53b to secure oil facilities From Abosede Musari, Abuja

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N expert in oil industry security, Austin Onuoha, has revealed that Nigeria spent more than $53 billion to protect its oil facilities between 2007 and 2011. This amount, according to him, was spent by operators in the petroleum industry and includes cost of protecting oil facilities as well as personnel in the Niger Delta region.

Onuoha gave the figures in Abuja on Thursday while speaking at a round table on Business and Security, an event organised by a Non Governmental Organisation, Global Rights. However, according to him, this huge expenditure can be drastically reduced if the operators in the industry can get the government of Nigeria to adopt the Voluntary Principles on Security and Human Rights.

He described the Voluntary Principles on Security and Human Rights Initiative, as a multi-stakeholder initiative involving government, companies and non-governmental organisations that promotes implementation of a set of principles that guide oil, gas and mining companies on providing security for their operations in a manner that respects human rights.

The Voluntary Principles are outlined in the United Nations Guiding Principles on business and Human Rights. It expects operators in the extractive industry to avoid harming people and to address adverse impacts with which they are involved. It also helps companies to identify human rights risks and take meaningful steps to address those risks in a manner that helps to ensure respect for human rights in their rights in their operations.

Onuoha gave a breakdown of the sums expended in protec-

tion of oikl facilities.

According to him, about N444 billion ($3 billion) was spent in 2007, $23.7 billion in 2008, $24 billion in 2009 and $3 billion in 2011.

He explained that oil giant, Shell, alone employs about 1,200 internal police officers paid wholly by it while it also engages another 1,300 armed security forces from regular government security.

“This security challenge is magnified by the fact that Nigeria over the years has developed a huge critical national infrastructural complex in the petroleum industry. Nigeria’s oil is lifted from 250 fields, oil is drilled from 300 oil fields, 5,284 wells, made up of 7,000 kilometres of pipelines, 10 export terminals, 275 flow stations, 10 gas plants, four refineries and two liquefied natural gas plants.

Securing all these in a terrain as difficult as the Niger Delta with poor governance like Nigeria is a huge challenge.

“Analysts have described Nigeria as over-policed and under-secured. The security situation in the Delta fits this trend and has deteriorated sharply since the region was put under military occupation in 1998. The Nigerian government, driven to keep oil revenues flowing and working in close partnership with oil multinationals, has heavily militarised the Delta.

“Shell alone has hired over 1,300 government forces as armed guards. Security costs for the oil industry in Nigeria, once negligible, have sky rocketed to approximately $3 billion a year”.

“Recent studies show that within the last one year, there have been more than 50 attacks on oil installations resulting in shut downs and spillages with consequent losses in revenue estimated at about $20.7 billion. This amount is exclusive of anoth-

Techno Oil supports Lagos cooking gas scheme with 50,000 cylinders

By Sulaimon Salau ECHNO Oil has unveiled plans to support the ‘Eko Gas’ initiative of the Lagos State government with about 50,000 units of cylinders.

The Lagos State government is collaborating with Techno Oil and the Lagos Chamber of Commerce and Industry to launch the Clean and Green Environment scheme, which is aimed at ensuring a healthy and sustainable environment in Lagos.

Head, Strategy Unit of Techno Oil, Mr. Ken Abazie, in a statement made available to The Guardian, said the scheme is similar to the “Going Green Revolution,” initiated by Techno Oil last year.

According to him, the scheme is designed to create a clean, green and sustainable environment in Lagos, Africa’s most populous city, through the use of Liquefied Petroleum Gas (LPG) in domestic and industrial affairs.

Abazie explained that the scheme is expected to encourage every household and commercial outfit to cook with LPG,

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noting that the first phase of the scheme would involve the sale of over 100,000 pieces of 3kg and 6kg “TechnoGas Stoves” at subsidized rates.

He said that the scheme would be executed using a skid plant of three metric-ton tank in all the Local Council Development Areas (LCDAs) in Lagos State through a partnership with stakeholders and Community Development Committees (CDC).

He lamented that Nigeria is rated among the lowest in Africa on the capital usage of LPG at 0.5kg, compared to countries like Ghana at 3kg, Cameroun at 1.90kg, South Africa at 5.5kg and Morocco at 44kg, yet Nigeria has the highest gas reserve in Africa.

Abazie said that Techno Oil launched the “Going Green Revolution” to make people to switch from unhealthy life styles to healthy ones.

“The use of kerosene and fire wood as sources of energy for cooking and lightening is one of those life styles that made some tourists to describe Nigerians as living dangerously.”

er estimated $3 billion lost to oil bunkering over the first seven months of this year alone. There are unaccounted costs in human misery, with about 1,000 persons killed within the same period and another 300 taken as hostages”, he added.

Shell’s External Security Relations and Operations Adviser, Diki Omuku, who also made a presentation at the event, said the company had a robust sustainable community relations programme that integrates human rights into its general business principles.

She said Shell signed to voluntary principles because it believes that it would improve security and human rights in the country’s extractive industry if applied.

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INTERNATIONAL ECONOMY

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China’s export plummets on fake shipment crackdown HINA’s export growth C plummeted to a 10month low in May and imports unexpectedly fell as a crackdown on fake trade shipments exposed weakness in global demand.

Overseas sales rose one per cent from a year earlier, the General Administration of Customs said in Beijing, trailing 35 of 38 analyst estimates in a Bloomberg News survey and down from April’s 14.7 percent pace.

Imports dropped 0.3 per cent, leaving a trade surplus of $20.4 billion.

The report reflects a government campaign to root out illegal capital inflows disguised as trade that had inflated figures and added to appreciation pressure on the yuan. It also underscores the challenges Premier Li Keqiang faces as overseas demand stalls while rising home prices, financial risks and overcapacity at home limit his room to boost the economy.

“This shows the real state of the Chinese export situation,” said Shen Jianguang, chief Asia economist at Mizuho Securities Asia Ltd. in Hong Kong. The data show a “pretty depressed” picture, with weak external demand and a yuan that has appreciated substantially against a trade-weighted basket of currencies, said Shen, who previously worked at the European Central Bank.

The slowdown in May’s figures was partly the result of “arbitrage trade” with Hong Kong being curbed, the customs administration said in a statement. Appreciation in the yuan and the worsening trade environment, as well as a domestic slowdown, weak external demand and high business costs, also contributed, the agency said.

The State Administration of Foreign Exchange last month started a campaign to curb money flows disguised as trade payments that had inflated export data.

China’s exports to Hong Kong fell to $28 billion in May from $39.5 billion in April, according to customs data. Growth in sales through bonded zones, which lie within China’s borders and handle shipments as international trade, slumped to a year-on-year pace of 45.8 per cent in May from April’s 253.5 per cent.

Data due on industrial production and retail sales for May and fixed-asset investment for the first five months are forecast to show little change from April’s growth rates. Analysts last month trimmed economicexpansion forecasts for the April-June period to a median projection of 7.8 percent from an 8 percent pace forecast in April.

Li, who took office as premier in March, has resisted adding stimulus to the economy as the new leadership

tries to make growth more sustainable and avoid stoking financial risks.

Trade figures reflect a “normalisation,” said Hu Yifan, chief economist at Haitong International Securities Co. in Hong Kong, the only analyst to forecast declines in exports and imports.

(CNFRIMPY) “We expect export growth to remain modest but import growth to pick up along with implementation of supportive policies,” she wrote in a note.

The trade slump adds to concerns that the global recovery is losing momen-

tum even as the U.S. shows signs of strengthening. The ECB this week forecast the 17nation euro area will contract 0.6 per cent this year, more than its March estimate of 0.5 per cent. In the U.S., employers added more workers than forecast in May. Even so, China’s exports to the U.S. fell 1.6 percent in May from a year earlier and imports from the U.S. dropped 1.5 per cent, the first time since 2009 that both showed a decline in the same month.

Exports “may remain weak in the near term” as the U.S.

economy softens, which is likely to shift expectations for a strengthening yuan, said Ding Shuang, senior China economist at Citigroup Inc. in Hong Kong.

The yuan has risen 1.6 percent this year against the U.S. dollar and about 14 per cent against the yen, the most among Asian currencies tracked by Bloomberg.

Analysts had median estimates of 7.4 per cent for May export growth, 6.6 per cent for import gains and $20 billion for the trade surplus.

Part of China’s broader import drop resulted from

falling commodity prices.

The volume of inbound iron ore shipments rose 7.4 per cent in May from a year earlier while the value increased about one per cent, based on previous data. Average prices in the first five months were down four per cent, the customs agency said.

The customs administration in April acknowledged concerns that export data may be overstated after March shipments to Hong Kong jumped 92.9 per cent from a year earlier, the most in at least a decade. A

Bloomberg News survey last month showed analysts estimated JanuaryApril export growth was overstated by 4 to 13 percentage points.

Trade friction may also hamper exports this year.

The European Union this week said tariffs of as much as 67.9 per cent could be imposed on solar panels from China in the largest EU commercial dispute of its kind, affecting Chinese companies like Yingli Green Energy Holding Co. and Wuxi Suntech Power Co.

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Opinion Jonathan’s two-year performance in office (1)

By Ben Nwabueze “Jonathan challenges critics, says he has performed” HIS PIECE is provoked by a front-page caption (quoted in the heading above) in the Daily Independent newspaper of May 30, 2013 in which President Goodluck Jonathan “challenges” the critics of his administration to provide the criteria for saying that he has not performed. The “challenge” invites a response, which, as here framed, must be taken in the spirit, not of a confrontation but of a constructive criticism desirable in the interest of the good governance of our country.

The President’s presentation of the score-card of his administration in the past two years seems, with the greatest respect, to miss the point. He spoke as if we are in normal times, as if the performance of his administration during the period in question is to be judged by the criteria applicable in normal times. All the facts and figures presented in his score-card might well pass as a moderately good performance in normal times. But the times through which we are now passing are indisputably abnormal. The country is facing a situation of grave danger, the gravity of which calls for assessment criteria different from those applicable in normal times. It is no excuse for the President’s failure to perform that the present precarious situation imperiling the life, security and welfare of the people was caused, not by himself alone, but by the bad governance of successive rulers, including himself. Yet, he, as the incumbent President since 2011 (or more correctly since 2010), has the responsibility to lead the country out of it.

The assessment criteria applicable in the prevailing situation of grave danger are set out in The Patriots’ State of the Nation Statement dated January 10, 2013 (reproduced here below for ease of reference), and may be summarised as follows: • A revolutionary change in the purpose, pace and tempo of governance; President Jonathan’s slow, indifferent and uninspiring pace of governance is not that of an administration imbued with a revolutionary ardour to transform, not just the economy, but the entire polity and society of the country in order to create a new Nigeria. There is thus a failure to initiate and lead the necessary revolution-

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ary changes to enable the Nation to avoid the disaster that threatens.

• A change in the style of leadership, i.e. a re-vitalised well-focused leadership style, characterised by a distinctive sense of purpose and direction.

• A government that demonstrates a noticeable ability to halt and reverse the unemployment rate and the increasing pauperisation of the people with 70 per cent of Nigerians living below poverty line, as well as improve the standards of living and quality of life of the majority of citizens.

• Immediate restoration of the security of life and property in the country, and the protection of the safety of the state itself which have been put in serious danger since the eruption of the Boko Haram insurgency/terrorism in 2009, with more than 4,000 people wantonly killed and property worth billions of naira destroyed.

• Immediate and visible improvements in the infrastructure of power and transportation, educational facilities and the standard and quality of education.

• Courageous, uncompromising and purposeful prosecution of the war against corrupt practices and abuse of office in all their multifarious forms, prompt punishment of those found guilty of involvement in corrupt practices following due process of law, and the forfeiture of assets corruptly acquired.

• Instilling among the members of the executive and legislative arms of government and their staff as well as the general public a culture against the exhibition of insatiable greed and pursuit of self-enrichment, in particular, the exhibition of impunity in governance.

• Reversal of the increasing loss of public confidence in the ability of government to resolve the enormous problems facing the country.

• Re-motivation of the public service and the staff of the regulatory agencies to re-establish a merit-driven public service.

• Re-construction of the Government by the appointment of Minister fired by a like ardour for revolutionary change in governance and for National Transformation, not Ministers who see their work as consisting in routine administration, in self-reproduction through formalistic activities that tend to become symbolic and ritualistic, and as consisting simply in the initiation of not well-thought-out proj-

ects often not carried to completion for reasons mainly of corrupt practices in the award and execution of contracts.

• A President demonstrating a noticeable ability to stamp his authority as Leader of the Nation on all organs, institutions and instrumentalities of government as well as on the ruling political party which must be re-oriented to become driven less by partisan interests and more by national development and progress.

• Failure after two years in office to initiate the necessary steps for the convocation of a National Conference to bring the people of this country, as members of ethnic groups and as individual citizens, around the table to deliberate and agree on how and on what terms and conditions they are to live together in peace and unity, and to frame an instrument for their own government whose source of authority, as the supreme law of the land, is the people, acting in a National Conference and a Referendum, otherwise called a People’s Constitution.

• Above all, a President demonstrating a noticeable ability to mobilise and motivate the people to give them hope, mobilization of the people for national transformation being among the most vital but difficult functions of the President as Leader of the Nation.

These are the criteria (the list is not exhaustive) used by The Patriots in saying that President Goodluck Jonathan has not performed creditably. Having challenged those who hold this view to provide their criteria for saying so, the President has himself invited this response, and should not feel offended or angered by it.

As The Patriots said in their State of the Nation Statement, “a President imbued with a revolutionary ardour for national transformation can in a matter of weeks begin to make the people notice a change in the purpose and pace of government.” Even the common man in the street can, based, not on his “heart-beat” alone, but also on observable facts and the throng of events, notice when a revolutionary change in the purpose and pace of government is taking place.

Perhaps, we are expecting too much from Mr. President. For, it may be that he is not, by natural disposition, imbued with an ardour to initiate the revolutionary change in the purpose, pace and tempo of governance, and that he is

not naturally fitted to lead the social and ethical revolution that the country so desperately needs to take it out of the messy quagmire. If such be the case, should he not make way now or in 2015 for someone so imbued, since such a revolution is Nigeria’s best hope for salvation in the present circumstances? We need a Kamal Antaturk.

The relevant part of President Jonathan’s presentation of the score-card of the performance of his Administration in the two years since 2011, as carried in the Daily Independent of May 30, 2013, will now be reproduced. Flaying critics who underscored his achievements without specifying what indices were being used, the President – “recalled his sterling qualifications that earned him the candidacy for the governorship of Bayelsa State in 2007, pointing out that his current position and achievements should be appropriately rated or assessed with clear out criteria.

Brandishing the mid-term report as his marking scheme, Jonathan, a PhD holder and former lecturer, equally reminisced on his days as a teacher who assessed students with a marking scheme, and dared those who think he has not done well to present their own marking scheme.

“Only on Monday, one of the dailies did an assessment of the ministries and performance of ministers, and the first thing I looked for but didn’t see, is the criteria that were used to assess the performance of the ministers, because when people mark you, they should mark with marking scheme.

“A number of comments about the performance of this administration are based on the heart beat of people; sometimes people assess governments based on their heart beats.”

Coming from our President, the “marking scheme” argument is quite disquieting.

All the facts and figures contained in the scorecard have little bearing on the lives of ordinary men and women and are of hardly any interest to them; they (the facts and figures) are not what they (the ordinary men and women) expect from the government in the nation’s moment of manifold challenges imperiling their peace, security and welfare and the safety of the state. The score-card simply misses the point.

• To be continued.

• Professor Nwabueze, SAN, writes on behalf of The Patriots.

Jonathan and a CPC broadside cally motivated diatribe in the face of intelligent beings as I consider Nigerians to be, though I am not sure that those who spewed it would agree with me, or they might not have ex“As a party, we consider … unacceptable the precipitous gover- pected us to swallow it without a protest such as I make here. nance of the nation in the last two years. More galling is the prioriNow, shortly after he assumed office, President Jonathan ties of Mr. President, which, unfortunately, are at variance with the launched the road map to power sector reform on August 26, political and economic health of the nation. It seems that the presi- 2010. Since then his administration has shown uncommon dent, for a self-centred reason of his re-election desire, is at the epi- doggedness, against many frustrating odds, in its quest to recentre of most of the dire security challenges assailing our dear alise the goals of the reform, summarised thus in the nation.”

“Roadmap for Power Sector Reform”, a priority-setting docu– From the back page of ThisDay of June 7, 2013. ment of his administration: “Our commitment is to bring an end to our nation’s stunted growth and usher in the fresh air of T is to the above sentiments that I refer in the title of this piece prosperity by pursuing a new era of sector-wide reform which as a CPC broadside. For they were credited to the Congress for is driven by improved service delivery to every class of cusProgressive Change (CPC), and, as I have indicated above, pub- tomers in the Nigerian electricity sector.” Put otherwise, his lished (as the daily staple called “MISSILE”) on the back page of government’s commitment is to unleash our nation’s ecoa recent issue of ThisDay, under the title of “CPC to Jonathan”. nomic and developmental potentials by improving the availThe CPC, incidentally, is one of our opposition parties. ability

and delivery of electricity to our citizens.

Of course, I am not one of those employed to defend President Can an opposition party be right in accusing a serving presGoodluck Jonathan or his government. And I do not covet that ident and government with such a clearly stated “commitrole, which I believe is currently being filled by capable hands. ment” of having priorities that are “at variance with the I am also not a politician, except to the extent that, as a “politi- political and economic health of the nation”? Can it make the cal animal”, a la Aristotle, I may be viewed as a politician, since accusation without running the risk of being suspected of it is rare to be human and completely detached from politics. lacking knowledge of what the priorities of a government Here, I oppose the sentiments simply as a concerned citizen should be in a country like ours, where the lack of electricity who, despite having read many works on real politik, still be- can be blamed for most of the socio-economic problems? lieves that truth and honour, compared to their opposites, are And speaking more specifically about the “economic health” superior means of securing political gains. I regret to say, with- of our nation”, if the above “commitment” of President out meaning to be disrespectful, that I see neither truth nor Jonathan and his government are “at variance” with it, then honour in the CPC broadside, especially with its assertion that what could possibly be in tune with it ? “the priorities of Mr. President … are at variance with the poI would answer the first two of the above questions in the litical and economic health of the nation.” And to that, insinu- negative and wait for the CPC to provide an answer to the ating the president into the “epicentre of most of the dire third, as I do not know the answer. For I believe that nothing security challenges assailing our dear nation”! And did I miss can be more in tune with the economic health of our nation its subtle, unsuccessful attempt to equate stridency with va- currently than the commitment of the Jonathan administralidity? tion to implement the power sector reform successfully, to Nothing, I dare say, justifies throwing up such false, politi- the end of freeing our nation and its people from the grip of

By Ikeogu Oke

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darkness and the attendant socio-economic backwardness.

And for the suggestion that “…the president, for a self-centred reason of his re-election desire, is at the epicentre of most of the dire security challenges assailing our dear nation,” it strikes me as a failed effort to revise our contemporary history, even as it continues to evolve before our eyes. For it smacks of blaming the president or his “re-election desire” for the Boko Haram insurgency – undoubtedly the node and direst of “the security challenges assailing our dear nation”.

And so it would follow, if CPC’s strange accusation were true, that the president actually acted against his personal and political interests by declaring a state of emergency recently in three states in order to stem the insurgency. What can be farther from the truth? Nothing, I think.

Surely, “the security challenges assailing our dear nation” erupted long before the president might have started nursing any “re-election desire”, before he became president. So it is illogical, chronologically speaking, to blame the “desire” for the challenges.

And what is CPC’s proof that the president’s re-election desire is “self-centred”? One reads from such a rootless but revealing description the likelihood that the dysfunction that has been foisted on our system in recent years, through unjustifiable violent acts, were programmed to make the president think it would be a worthy sacrifice in the interest of our nation not to seek re-election; in all, an act of “moral” blackmail. What is more curious, to me, is that those apparently seeking to achieve their own political goals by such foul means do not seem to see their behaviour as “self-centred”.

Nor does it occur to them that average Nigerians can reject the bitter potion of untruths they pass off, through such diatribe, as genuine political criticism, apparently believing that we are so desperate for change that we are prepared to swallow anything that pretends to offer an improvement to the status quo. Are we? I think no.

• Oke, a public affairs analyst, wrote from Abuja.

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Opinion Issues on transfer of labour cases (2)

By Hakeem Olaniyan Continued from yesterday How did we get to this stage?

HE Federal High Court Act and the National Industrial Court Act did not transfer jurisdiction from the state to the Federal High Court or the National Industrial Court, respectively. Constitutional Decrees and the Third Amendment to the 1999 Constitution did so. We got to this stage because the Supreme Court gave conflicting judgments on the effect, which these successive amendments to the Constitution had on cases pending in the state high courts. During the Babangida/Abacha era, it was the practice to adjust the jurisdiction of states and federal high courts with slight regard for pending cases. Decree No.60 of 1991 transferred some matters to the exclusive jurisdiction of the Federal High Court. It then provided that cases pending in the state high courts must be automatically transferred to the Federal High Court by August 23, 1993, when it would enter into force, except those in respect of which judgment had been given in between the date in 1991, when it was enacted and August 23, 1993 when it entered into force. But in between 1991 and December 1993, the Babangida regime and the Abacha regime after his, enacted Decree No 16 of 1992 and Decree No.107 of 1993 respectively, both of which governed the same issue, without regard to the provision of Decree No 60 of 1991. These Decrees, especially Decree No.107 of 1993 which provision was eventually enacted by the 1999 Constitution contained no abatement or transfer instruction as did Decree No. 60 of 1991.

Now, counsel raising issue of the competence of the state high courts to continue to hear pending matters in transferred causes acquired the habit of lumping the decrees together without indicating which applied.

Clearly, if Decree No.60 of 1991 had earlier transferred jurisdiction to the federal high court, the abatement provision of that Decree would have ensured that as at the date when Decree No 107 entered into force, the state high courts had already lost the competence to continue hearing in the matter.

However, if Decree No. 107, for the first time transferred jurisdiction to the federal high court, the abatement provision of the now spent or obsolete Decree No.60 of 1991 will

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not apply. If abatement provision does not apply, the Interpretation Act preserves all rights acquired or steps taken under the pre-existing Constitution or Constitutional Decree. The Supreme Court buttressed this point in Orthopaedic Hospitals Management Board v Mallam Umaru Garba & 2Ors when it said: On the Federal High Court Amendment Decree No. 60 of 1991 to which reference was made by the court below… submitted as follows… “Concerning Decree No. 60 of 1991, it is submitted respectfully, in the first place that there is nothing in the decree that extended the jurisdiction of the Federal High Court to cover the subject matter of the suit… The claim of the plaintiffs in this case as endorsed in their writ of summons (Pp.104-105) and Statement of Claim (Pg.118-119) are for declaratory reliefs and damages in relation to contract of employment… these would not qualify for any of item listed under 7(a)-(u) of the Federal High Court Act as amended by Decree No. 60 of 1991” I think their Lordships of the court below, with respect were in error to refer to Decree No. 60 of 1991 at all for this legislation was just not applicable to the question raised by them. I agree with submission of learned counsel in the passage above.

The Supreme Court therefore held that the state high courts did not lose the power to continue to hear cases pending in their court as at the time when Decree No.107 for the first time divested them of jurisdiction.

As this case was not cited to the Supreme Court in several subsequent cases, the apex court, somehow continued to give obviously flawed judgment on the matter, holding that the Constitutional transfer of jurisdiction meant that state high courts lost the competence to hear pending cases. When in Cyril O Osakue v Federal College of Education, Asaba the Supreme court was notified for the first time of the apparent conflict in her judgments, the Supreme Court treated the matter with obvious levity, saying that it was bound by the latter decision, a position which this author believes is not well founded and is even inconsistent with principle. That position is inconsistent with the power of the Supreme Court to overrule itself as established in a long line of cases, one of the bases of which is the need to avoid the perpetuation of errors or injustices. The case, which is possibly the first in the commonwealth that addressed the issue of conflicting decisions of any court when the same court is called upon to clear the air on the conflict is the English Court of Appeal decision of Young v Bristol Aeroplane. The decision

in that case was that the English Court of Appeal can choose which to follow out of the hitherto conflicting decisions.

Finally, in the case of Isaac Obiuweubi v Central Bank of Nigeria the Supreme Court carved a most improbable ratio out of the Garba case, saying that it supports the position that the case must be discontinued unless trial has commenced. Since trial, which had been terminated on three previous occasions was yet to commence de-novo at the point when the issue of jurisdiction was raised, the proper decision was, in the apex court’s opinion, to strike out. While it is true that in Garba, Decree No 107 entered into force at the point when the court was about to deliver judgment, there was no-where in the judgment where it was said that, this fact was of any moment. The Supreme Court simply held that as the competence of the state high courts in the subject of that case was not divested by Decree No 60 of 1991, but by Decree No 107 of 1993, their power to continue hearing a pending case had not been affected by the abatement proviso.

So, today, the unsatisfactory state of stare decisis and statutes on this matter is not only that the state high courts must hands off pending labour cases, it is also that they must strike out such cases.

What can one then recommend in the circumstances?

First, the apex court will need to revisit its decision in Obiuweubi as pointed out. It is clear that the dateline of ‘time of trial’ crept into the lexicon of this discuss in an unwholesome way. It was the abatement proviso of Decree No. 60 of 1991 that provided for the automatic transfer of all matters listed in section 7((a)-(u) of the Federal High Court Act as amended by that decree. That amendment did not save or exempt any proceeding in which judgment has not been pronounced as at the date the amendment entered into force.

On the other hand, the amendments transferring jurisdiction to the Federal High Court in all cases relating to control and administration of federal agencies was done by Decree No. 107 which did not retain the abatement proviso. The decision in OHMB v.

Garba remains the only sound decision that properly reviewed all relevant legal authorities relating to the issue of transfer of jurisdiction from one court to another without abatement or transitional provision as it af-

fects all proceedings falling within the affected subject matters pending in the court from which the case is transferred.

In the absence of an abatement provision, Section 6 of the Interpretation Act would preserve and protect steps already taken in the affected proceedings without regard to the stage at which the proceeding were at the time of the amendment.

If the Supreme Court maintains its regrettable position in Obiuweubi, the only other solution is to further amend the Constitution to insert an abatement or transfer provision. An abatement provision will usually give a deadline for pending cases to either be concluded in the court where they were originally filed or be automatically transferred. A typical abatement provision is that employed in Decree No. 60 of 1991 to this effect: Provided that any decision taken by any court other than the court (Federal High Court) as a result of the power of the concurrent jurisdiction so far conferred shall be valid, but all other cases pending in the said other courts, other than appeal court, shall, at the commencement of this section abate and the judge before whom it is pending shall transfer them to the Registrar of the court to be heard as new suits.

This provision can be altered as necessary to meet the requirements of elegance and proper description of court. Decree No. 60 of 1991 was enacted during military regime when the legislative competence of the Federal Government was not affected by extant provision of the 1979 Constitution and Decrees override the Constitution. Inserting an abatement provision in the National Industrial Court Act may not answer or solve the constitutional queries raised in Fasakin’s case, because it would still be arguable that whilst the Constitution was silent on abatement, the National Assembly vide the amendment could not dictate to the State High Courts. No such argument can be raised if the Constitution itself enacts the abatement provision.

In the event of the latter option the transfer should not be made subject to rules of the transferring high courts so that the provision does not remain inchoate. Since the Constitution is supreme, it will not lie in the mouth of the state high courts to say that they are not bound by its provision on transfer.

• Concluded.

• Olaniyan, Barrister at Law, is Senior Lecturer and Ag. Head, Dept. of Jurisprudence and International Law, University of Lagos, Akoka.

Expanding your brand across Africa

By Nonye Omotola ANY companies talk about expanding into Africa. It is the M next obvious frontier. However, it would be wrong to assume that a week’s visit to Nigeria for example, with a population of over 160 million and 350 ethnic groups, will give you a true understanding of how to operate your brand in that market.

With developed economies declining and emerging economies on the rise, it appears that the second gold rush to Africa is fast becoming a highway for global brands. Everywhere you’ll see headlines about investing in Africa.

Gross Domestic Product (GDP) on the African continent has been growing at a fast pace of five per cent with Nigeria, Ghana, Mozambique, Tanzania and Angola as key target markets and it was announced last year that five per cent of foreign direct investment (FDI) from South Africa has gone to the African continent.

There are opportunities for growth and return on investment on the continent, as successful expansion of brands into the continent such as Woolworths, Mr. Price, MTN and Shoprite can certainly testify. Businesses however cannot simply adapt the same business or communication strategy for each African country unless they are aiming for failure. If they do, the risk is being called an arrogant post-colonial opportunist.

Promoting inter-African trade

There are challenges of building and sustaining a brand in these markets and whilst it is increasingly obvious that brands must have an African expansion strategy for growth and increased profit, it is also important that the tightened policies which govern tax, immigration and employment laws, should be constructive enough to promote inter trade on the continent.

This is where the Free Trade Area (FTA) due to be complete by 2015 will be of huge benefit promoting integration, infrastructural development and intra regional trade for members.

Your Africa strategy Africa is a large continent of 55 countries each with diverse cultures – so challenges such as language barriers, political instability, location, corporate governance, currency differences and poor infrastructure can be costly and hamper operational goals. In the same vein it provides opportunities for development and growth for those with sound business acumen and a huge appetite for risk.

Your Africa strategy has to consist of sound qualitative and quantitative research, supported by strong macroeconomic indicators and a unique differentiator, which sets you apart from competitors.

You will need to identify policies and legalities that govern the particular business environment and understand your target market fully, knowing the different segments, their lifestyles, disposable income, purchasing and product use behaviour.

How people spend their money and their psychographic differences, won’t just depend on how much they earn, as factors such as infrastructural challenges, like no electricity and the use of generators have a huge impact on lifestyle and brand/product choices.

Respecting locals Your brand values and commitment to growth must include the use of local intelligence, local operations, local staff and consumer insights. These are key to success in addition to the acknowledgement of cultural nuances, as building relationships is critical but acknowledging respect for the locals is even greater.

Companies doing business in Africa need strategic plans indicating product offering, intended value to the economy, brand positioning, intrinsic values, employment opportunities for the locals, training and social responsibility plans so as to induce brand endearment.

Your African brand strategy must represent something in the hearts and minds of your consumers and be consistent so as to gain their trust and loyalty. If you get this right you will indeed build and sustain a long brand relationship in each market you choose to operate in.

• Omotola is a Global African Communicator with a passion for African development. She works at the South African/Nigerian Chamber of Commerce. Omotola is also a guest lecturer at Gordon’s Institute of Business (GIBS) South Africa and the PRO for All Nigerian Nationals in Diaspora South Africa. (ANNID, SA).

69

THE GUARDIAN, Tuesday, June 11, 2013

Law

Quote of the week But how is this legal plunder to be identified? Quite simply. See if the law takes from some persons what belongs to them, and gives it to other persons to whom it does not belong. See if the law benefits one citizen at the expense of another by doing what the citizen himself cannot do without committing a crime.

—~Frederic Bastiat, The Law judicialeditor@yahoo.co.uk/ 08033151041 Desk Head: Ibe Uwaleke

Police and AGF share coordinate position in criminal prosecution Interview

By Ibe Uwaleke

Nigeria Police Legal Department is an established unit that handles all its legal prosecutions. This was made possible by the former Inspector General of Police, Mr. Sunday Ehindero, who in his position as Commissioner of Police (CP) Legal, established the legal unit of the Nigeria Police in all the 36 commands of the force. This unit, since then, has been saddled with the responsibility of handling the prosecution of cases for the Police. This, indeed, was a clear departure from the past when the force had to hire external solicitors to handle its cases at huge costs.

In this interview, the former Inspector General tells how this feat was achieved and other issues when he was in the service.

A lawyer by profession and now in private practice, Ehidero, also an author, retired from the Nigeria Police in 2007.

ELIEVING his experience as a R lawyer serving in the Police he said: “In and out of service, I give glory to God. God has been faithful to me. You know when God puts you in a position, He sustains you. When I was appointed IG, I least expected it.

When it was time for me to be confirmed, three months after my appointment in March 2005, the Chairman Police Service Commission petitioned the Police Council why I should not be confirmed. His main complaint was that I did not allow him to post policemen especially Commissioners of Police in State Commands. That petition came in on the eve of the Police Council’s meeting to deliberate on my confirmation. That petition delayed my confirmation for six months. But when the confirmation came, it was with the honour of Commander of the Federal Republic (CFR) and the extension of my service for one year. That is how God works.

In and out of service as a lawyer, I have not lost any case in court. God is the God of increase. He has prospered me more than when I was in Police Service. Remember all your efforts are in vain without Him. On his major achievements in the Police legal department he has this to say: “My major achievements were threefold. First, with the authorization of the IGP Ibrahim A. Coomassie then in 1995, as the CP Legal, I was able to establish Police Legal Sections in all the State Commands. They were properly funded. At Alagbon, the Legal section was compartmentalized into the legal Advice, Civil Litigation, Prosecution and Administrative sections. Each Police State Command was able to prosecute cases as well as attend to civil litigations against the police. They were also encouraged and sponsored to attend NBA courses and legal seminars.

Second, the police legal Section worked in close cooperation with the Federal Ministry of Justice during the tenure of Ibrahim Abdullahi (SAN) as the Attorney General of the Federation. He requested the Police Legal Section to send six Police Lawyers to assist in decongesting the Ministry of Failed Bank Cases. This I did by sending six lawyers headed by Mr. Nuhu Ribadu. These police lawyers, to the credit of the force, not

only vetted the cases but also assisted the Ministry of Justice in the prosecution. Third, was the degree of confidence reposed on the legal advice given by the section.

This made the AIG Inusa Isa to give an order that cases reported to Alagbon must be vetted by the legal section before investigation could be commenced. With legal section vetting these complaints more than 80 per cent of the complaints were refused as civil or trivial. These included land matters, land lord and tenant cases.

“I assumed office as CP Legal in 1995 at a time the image of Nigeria was battered by 419ers. The first case I prosecuted personally was that of Bright Ezekuse who obtained under false pretenses from a German National, Narinda Singh Bajwa US$353,900. He offered me gratification of N5 million which I rejected. He was successfully prosecuted and jailed for 52 years. This was the first conviction ever made in the prosecution of 419 suspects in this country at that time. The second landmark was the case of Gani Fawehinmi V IGP where the Supreme Court held that the police could not be compelled by mandamus to investigate a crime. The third case was that of the AccountantGeneral of the Federation V IGP where the Court of Appeal held that the Police and the Attorney General of the Federation share coordinate positions in the initiation of criminal prosecution.

Ehindero disagreed that police officers who are lawyers should not appear in courts.

“No I don’t agree. I have forwarded my opinion on this issue to the National Assembly. While I agree that policemen who are not lawyers have no business appearing in court to prosecute cases, the same cannot be said of policemen who are lawyers. After all, police lawyers attended the same university and the same Law School. There are about 1000 lawyers in the Nigeria Police Force. More than what you have in the Ministries of Justice in the 36 states of the Federation and the Federal Ministry of Justice combined. Should

you waste such manpower?

“Of course, I am not. You need more activism and dynamism. It all depends on who is in charge of the Legal Section. If he is a dead wood, he can’t initiate anything. The person posted to head the section in addition to being a lawyer must be interested in the job.

Moreover, Police lawyers need constant training. Don’t be surprised that I attend training courses even at retirement. I also attend International Bar Conferences in addition to courses organised by the Nigerian Bar Association.

On assessment standard of legal practice in the country and the conferment of the rank of Senior Advocate of Nigeria, he said: “Professionalism is in terminal decline not only in the Police Force but also in other professions including the legal profession. Professionalism can be seen in the description of behaviour as unprofessional. For example, habitual lawyers late-coming to court, not taking pride in lawyer’s job, lawyers’ appearance, courtesy or personal hygiene. All these are explicit reference to standards.

Apart from standards, there is also specialisation within the profession that should come into play. The NBA needs to strengthen expertise, service delivery, professionalism and public protection against commercialisation to allow access to court by continued legal education. I am aware that some have advocated the scrapping of the title of Senior Advocate of Nigeria. I defer. The conferment of SAN is a privilege bestowed on those who meet the laid down criteria for the award. Once the process of selection is transparent, the conferment should continue to be made.

On the security situation in the country he stated.

“The security situation in the country calls for all hands to be on deck. It is not only Nigeria that is challenged by security threats. The world is challenged by the clashes of civilization.

The crises in the Middle East find ripples in Nigeria as recent discovery of arms and armament in Kano revealed.

The stick and carrot approach of government is commendable. You grant Amnesty to those members of Boko Haram who may wish to renounce violence while using the force of the law through Emergency Declaration and Military Operation on those who are fool-hardy. The security problems we now have in Nigeria are transient.

They will disappear in no distant future. We had gone through worse moments during the Maitasine period in the 1980s.

Concerning his case with ICPC he answered: “You see, I heard it but I refrained from commenting on the matter. I allowed the scriptures to guide me in all that I do. There were false and mischievous publications in the media that I, Ehindero stole/diverted to my personal use the sum of N16 million from the

At Alagbon, the Legal Section was compartmentalized into the legal Advice: Civil Litigation, Prosecution and Administrative sections. Each Police State Command was able to prosecute cases as well as attend to civil litigations against the police.

Ehindero N557,995,065.00 meant for the purchase of arms and ammunition for the Nigeria Police. At one time the false publication was that I stole M557million. It may interest you to note that the arms and ammunition had been purchased by the Ministry of Police Affairs with the N557,995,065. Also, the arms had been delivered to the Police and are being used. The N16million interest complained about was used for operational purposes. My initial reaction is to disregard these malicious publications. Because my scripture teaches me that sometimes silence is the best response to a false charge. We should be swift to hear but slow to speak. But at other times we must speak up.

I am aware that the case is sub judice.

The proceedings of the court are there for everyone to see. It is a public document. Right from the day I was invited

by ICPC, I demanded to be shown the complaint made against me. Even as IGP retired, I was denied. It was only in court I came to know that there was no complaint against me to ICPC. My name was not in any Letter of Complaint to the organisation. The complaint was against the former commissioner of police of Bayelsa State and his men. It was anonymous and not signed. Rather than investigate this complaint, those police officers I adjudged were incompetent who served under me while I was in office who later found their way to ICPC as Operations Officers used the investigation as a vendetta against me. But I prayed for them when they invited me to ICPC that may God allow them to retire the way I did.

There were other officers who were not happy that I recommended Mallam Nuhu Ribadu to be promoted to AIG. Their grouse was that with such promotion Ribadu would eventually get to the IGP post and rationalise them. You know what happened to Nuhu. But for the Intervention of Government he would have been mesmerised or even eliminated. Some police officers don’t even greet me in retirement because they claim they did not get ‘good’ postings from me when I was IGP. The new Chairman of ICPC could not have known of the vendetta and the fact that the matter had been looked into in the past and a verdict of no case entered.

How can I who rejected N5million in 1995 from a 419er who I prosecuted and gained a conviction of 52 years jail now condescend to diverting N16 million for my personal use as an IGP?

What I am going through is the price I have to pay for leadership. I know that my Redeemer lives. And I do not ask why this should happen to me. Why should it not? This trial is a test of my faith in God, which remains unshaken. I retired in 2007 only to be charged in 2012. I believe justice will be done in this case.

On life during retirement, he has this to say: “Life in retirement is stress-less. As a retiree, I now have enough time to do those things I had no time to do while in service. You know, it is now over six years since I retired from the Police Force. Immediately I retired in June 2007, I had so many things in my agenda to perform. There was the need to establish my legal practice and perhaps, to set up a publishing company. Of course, I had the desire to publish the second editions of the six books I wrote while in service.

These include Police and the Law in Nigeria published in 1986; Constitutional Development of Nigeria,1849-1989 published in 1990; The Nigeria Police and Human Rights published in 1998; The Policeman as a Prosecutor published in 2003. I have added a new one in retirement, which will, by God’s grace, be published this year in 2013. I also find time to contribute to intellectual discussions on matters pertaining to the Nigeria Police Force. As a lawyer in practice, I also attend International Bar Conferences.

It was Mitch Alban who said in life there is no retirement. ‘All endings are also beginnings, we just don’t know it at the time.’ I have closed my career as a police officer and opened another chapter as a lawyer.

“I miss the opportunity to serve.

Policing is about care. It is about treating your fellow human beings with equal respect and concern. You will read more of these in my new book. As the Officer in Charge of Crime, Alagbon, in 1984 I wept with suspects in detention whose innocence were not in doubt. But you must quit at a stage to allow others to serve. I recall in December, 2005 when I put in my papers to retire voluntarily, my tenure was extended by Government for a year beginning from March 20, 2006. My tenure was also extended the second time in March 2007 culminating in my retirement in June, 2007. This had never happened in the history of the Nigeria Police Force. I served the Nigeria Police for over thirty-four years without a single query.

All I had were commendations and

THE GUARDIAN, Tuesday, June 11, 2013

70 LAW

LawPeople

“Never let go of hope. One day you will see that it all has finally come together. What you have always wished for has finally come to be. You will look back and laugh at what has passed and you will ask yourself... ‘How did I get through all of that?

Author unknown

Keeping faith with maritime legal practice Profile

By Joseph Onyekwere UKE Chukwudi Ilogu, 63, can best be described as a silent achiever in commercial and maritime law practice. He is rarely in the news and shies away from publicity, but when he does, everyone listens because he has something to say, especially in his area of practice.

Through hardwork, focus, determination and self-discipline, Ilogu, a Senior Advocate of Nigeria (SAN), has carved a niche for himself in the industry and today, is regarded as one of the authorities in maritime law practice in Nigeria. He is a consultant to the International Maritime Organisation (IMO) on legal matters, member of the Chartered Institute of Arbitrators, (CIArb), UK; the Association of International Petroleum Negotiators (AIPN) and member of both the Nigerian Bar Association (NBA) and the International Bar Association (IBA).

He is second vice president of the Nigerian Maritime Law Association and serves on the Advisory Board of the Maritime Arbitrators’ Association of Nigeria. The revered silk consults for the Federal Ministry of Transportation and major maritime parastatals in Nigeria on maritime policies, legislation and contentious matters; Acts for Protection & Indemnity (P&I) Clubs, several shipping, logistics, Oil & Gas Companies and port terminal operators. He specialises in ship sale and purchase, ship financing and mortgages and consults from time to time for the National Assembly as well.

For his dexterity, he was in 2008 appointed the chairman of the Federal Ministry of Transport Committee on Complaints of Arbitrary Increases in Local Shipping Charges by Private Terminal Operators (Concessionaires), Ship Agents and Bonded Terminal Operators. He served as a member of the Transport Schematic Working Group for the Vision 2020 Committee set up by the Federal Government of Nigeria in 2009 and in 2010/2011 acted as Chairman of the Federal Ministry of Transport Port Reforms Evaluation Committee.

He authored Essays on Maritime Law and Practice and several articles in local and international journals on Shipping and Maritime Law as part of his contributions to the development of law in Nigeria.

Ilogu was named in “Who’s Who Legal” 2008 and 2009 (the Official Research Partner of the International Bar Association) as “the best in Nigeria” in shipping and maritime law practice.

He has attended several international courses on Ship Financing and Shipping including the Euromoney Training Course on Ship Finance in 1995; the Oil & Gas Development Seminar by the International Law Institute & Georgetown University, Washington DC and the 38th Course of the Institute of Maritime Law, University of Southampton, UK in 2011.

He lectured Carriage of Goods by Sea at the Institute of Maritime Law, Lagos State University, between 2001 and 2005.

Currently, he serves as 2nd Vice President of

L

Do you know…

Exclussive possession: Cultivation of a piece of land, erection of building or fence and demarcation of land with pegs at its corners are some of what constitutes exclusive possession in law.

See Balogun v. Agbesanwa [2001] 17 NWLR (Pt. 741) at 141, [C.A.] relying on Alatishe v. Sanyaolu (1972) 2 S.C. 97.

But I assured my dad that I would concentrate on areas that would not involve criminal practice or having to defend criminals. By God’s grace, I have kept faith with that assurance. So over time, apart from engaging in commercial law practice, I have developed interest in maritime law.

Fundamentally, I specialised in maritime law after 15 years of legal practice the Nigerian Maritime Law Association, and on the Board of Maritime Arbitrators’ Association of Nigeria and is the immediate past chairman of the Maritime Law Committee, Section on Business Law, Nigerian Bar Association.

Ilogu features regularly as a Resource Person at the Maritime Seminar for Judges organised bi-annually by the Nigerian Shippers’ Council in collaboration with the National Judicial Institute.

He was recognised in the 2012 Who’s Who Legal (the official Magazine of the International Bar Association (IBA) released at the recent IBA Conference in Dublin, Ireland as “renowned for his vast experience of maritime law. He is considered an excellent practitioner and stellar consultant to the Maritime Arbitrators Association of Nigeria.” He was admitted to the inner Bar as Senior Advocate of Nigeria, in July 2012.

But how did he come to study law? Ilogu admitted that it was a difficult decision at the beginning due to the fact that his father, who was a clergy opposed his becoming a lawyer.

“It was difficult for my father who was an Anglican clergy man to accept that his son should be a lawyer. After the Civil War, I came back to Kings College where I had abandoned my High School Certificate. I decided that instead of going on with International Relations, which had being my first choice, it was good I took on a profession. I decided I would read Law so I could have a career, moreso from the Nigerian Civil War experience. So I took a common entrance to University of Ife to read Law. I did not tell my dad that I took the entrance because he was opposed to the idea of my becoming a lawyer.

“He felt that the son of a clergyman should not become a lawyer. But some of his colleagues in the University of Nigeria and some family members convinced him.

That was how I ended up reading law. But I assured my dad that I would concentrate on areas that would not involve criminal practice or having to defend criminals. By God’s grace, I have kept faith with that assurance. So over time, apart from engaging in commercial law practice, I have developed interest in maritime law.

Fundamentally, I specialised in maritime law after 15 years of legal practice”, he recalled.

Ilogu is the second son of Venerable Professor and Mrs. Edmund Ilogu from Ihiala, Anambra State. He was born in Ibadan, Oyo State. He attended Kings College, Lagos, University of Ife (L.L.B 2nd class honours 1974), Nigerian Law School (B.L 1975) and Cardiff Law School, University of Wales (LL.M with distinctions in Carriage of goods by Sea and Admiralty Practice, 1991). He undertook six months internship with the London Maritime Law Firm of Ince & Co. after his LL.M programme in maritime law.

He started his pupilage as a solicitor in the law firm of G.N. Uwechue & Co. from 1976 to 1979. He later left to form a part-

nership with his schoolmates known as Abuka, Ajegbo, Ilogu & Nwaogu (AAIN) from 1979 to 1999. The firm was one of the foremost corporate law firms in Nigeria at the time.

The Partnership was dissolved in 1999 after about 20 years in existence. “After my youth service, I joined the law firm of G.N. Uwechue and Co. I was with Uwechue from 1976 to 1979 when I started a partnership with three other schoolmates. Our partnership lasted from 1979 to 1999. When I joined Chief Uwechue, we did some cases for importers of stockfish and other commodities. And I had the privilege of going to arrest some vessels in the course of doing the work. I will not forget the experience I had as a junior in Chief Uwechue’s chambers going aboard a speedboat to arrest a vessel with a bailiff and the police.

It inspired me to take more interest in maritime law”, he stated.

He thereafter established his own firm, Foundation Chambers, in 1999. The firm commenced operations on Wednesday, September 1, 1999 and specialises in international transportation law with competences in maritime, shipping, international trade, aviation and related areas.

Currently, there are eight solicitors in the practice and six efficient and dedicated support staff. The firm was recognised as the Nigerian Shipping & Maritime Law Firm of the year 2010 by the Global Law Experts.

In fact, he was invited to be part of a team that established the first maritime law school at the Lagos State University, LASU in the late 80s.

As a young

lawyer, he was inspired by legal giants, who he considers as mentors. They are G.O.K. Ajayi, Chief J.O. Cole, Chief George Uwechue (SAN), late Chief Rotimi Williams, late Harry Afolabi Lardner, late Chief Michael Agbamuche (SAN) and late Sir Louis Mbanefo.

One of his low points in the legal practice involves the sale of a vessel under a loan agreement by an agent.

He arrested the vessel, but the owners challenged the arrest in court. The court agreed with them that the claims were not a maritime claim but a commercial one between agent and principal. He followed it to Supreme Court and lost. He was also the counsel behind the highly celebrated but controversial S. Aras case, which involves the principles of beneficial ownership in maritime law.

He believes that with patience, industry and focus, any young lawyer would reach his goal. Read him: “For the young lawyers, though the times are tough, they should recognise that you must learn to crawl before you walk and run. Rome was not built in a day. They should work hard, take time to understudy competent seniors, take to the good qualities in them and ensure that they maintain the integrity that is expected at the Bar. “I believe that the sky is the limit for every well-focused and determined legal practitioner. You can make it in any areas, especially these days of specialisation if you have the focus, learnt the rope properly without trying to cut corners. What I found out is that the younger ones believe that the times are tough, so they must be in a hurry by trying to do things without principle.”

Aside his profession, Ilogu is also a practicing Christian who doesn’t hide his love for God. He is a national director of the Full Gospel Business Men’s Fellowship Nigeria, past deputy chairman and bible study leader at the Chapel of the Healing Cross, Idi-Araba, Surulere, Lagos. He is also the deputy chancellor, diocese of Ihiala (Anglican Communion), Anambra State.

For hobbies, he plays the Alto Saxophone, listens to gospel, classics and Jazz music. He is married with children.

LAW 71

THE GUARDIAN, Tuesday, June 11, 2013

LawReport Any judgment given against a party without hearing notice is null and void (1) IN THE COURT OF APPEAL OF NIGERIA IN THE LAGOS JUDICIAL DIVISION HOLDEN AT LAGOS ON FRIDAY THE 22ND DAY OF MARCH, 2013 BEFORE THEIR LORDSHIPS: IBRAHIM M.M. SAULAWA JUSTICE, COURT OF APPEAL CHIMA CENTUS NWEZE JUSTICE, COURT OF APPEAL JOSEPH SHAGBAOR IKYEGH JUSTICE, COURT OF APPEAL CA/L/255/93 BETWEEN BRITISH AIRWAYS MR. CHAS MUNN AND OLADAPO AGIDI

APPELLANTS -

RESPONDENT

HE rationale for this is that hearing notice is T the only legal means of getting a party to appear in court, Onwuka v Owolewa (2001) 28 WRN 89. Thus, failure to issue and serve hearing notice is a denial of justice. Thus any judgment or order given against a party who was not served with hearing notice is null and void. So held the Court of Appeal, Holden at Lagos in a unanimous leading judgment delivered by his lordship, Chima Centus Nweze (JCA) his learned brothers Ibrahim M. M. Saulawa and Joseph Shagbaor Ikyegh (JJCA), concurring while upholding the Appellants’ appeal.

The Appellants were represented by T. KolaBalogun (Mrs.) leading A. Olawole (Miss.) while the Respondent was represented by V. Opara and M.T. Oladapo (Miss.)

The facts are as contained in the body of the judgment.

The Plaintiff (now respondent) sued the defendants (now Appellants) jointly and severally at the Federal High Court, Lagos Judicial Division, for the sum of N518, 000:00 (Five Hundred and eighteen thousand Naira) for breach of contract, negligence and loss of profit arising from the said breach. The respondent had entered into a contract of carriage by air of some items with the Defendants/appellants. Seven items were freighted through the first appellant. However, one of the items short landed. Pursuant to the applicable rules, the Plaintiff settled its pleading.

This was, accordingly, served on the first defendant/appellant. The first appellant engaged the services of counsel who failed to conduct the case. The second defendant/appellant was not served with the court processes. As such, he did not take part in the proceedings.

The matter went to trial. The respondent called three witnesses. They testified and also tendered exhibits A-F2. At the close of the respondent’s case, the court (hereinafter referred to as the lower court) entered judgment in its favour.

Aggrieved, the defendants (now appellants) appealed against the said judgment of the lower court (Coram Daudu J) dated July 23, 2003. They formulated three issues for determination from

their eight grounds of appeal.

At the lower court, the respondent’s case was that it ordered computers parts and printers from the United States of America. Seven items were freighted through the first appellant.

However, one of the items short landed. The respondent made the case that it was unable to execute any printing job because of the missing item, namely an HP Laser Printer. It, therefore, claimed the cost of the HP Laser Printing which was put at N68, 000. It equally, claimed N5, 000 as damages per thirty weeks, being loss of profit.

Finally, it claimed N300, 000 as damages for breach of contract.

As could be gleaned from the record, the first appellant maintained that it engaged the services of counsel who appeared in court once.

Learned counsel, thereafter, discontinued his appearance without informing the first appellant. Its case is that the trial was conducted without its participation. It made the further case that there was no evidence that the appellants were served with hearing notice when the date of the judgment was shifted backward from September 27, 1993 to July 23, 1993. Worse still, the second appellant was not even served with any court process at all.

As shown above, the lower court entered judgment in favour of the respondent which proceeded thereafter to levy execution against the appellants. Three cars of the first appellant were attached.

When this appeal came up for hearing on February 7, 2013, learned counsel for the appellants, T. Kola-Balogun (Mrs), leading A. Olawole (Miss), adopted the brief of argument filed on February 21, 2011, although deemed, properly, filed on March 22, 2011. In the said brief, she submitted that the appellants were not given a fair hearing. She explained that no court process was served on the second appellant. Both appellants were, equally, not served with hearing notice at the trial of this matter.

She explained that after the address of counsel on June 2, 1991, the lower court adjourned to July 22, 1993 for judgment, (page 22 of the record). On July 22, 1993, parties were absent and were not represented by counsel. The court observed that the Nigeria Bar Association, Lagos State Branch, had since June 30th 1993 been boycotting the courts. It, therefore, adjourned the matter to September 27, 1993. The representative of the first appellant went to the lower court on that date, September 22, 1993, after the court had adjourned for the day.

She, further, explained that the plaintiff/respondent’s counsel later applied to the court urging it to abridge the time for the delivery of the judgment. The lower court obliged the plaintiff.

Accordingly, it cancelled the earlier date of September 27, 1993 and re-fixed the judgment for July 23, 1993. However, the court did not order the issuance of hearing notices for service on the appellants.

Learned counsel for the respondent, V. Opara, leading M.T. Oladapo, equally, adopted and relied on the brief of argument filed on March 23, 2011 He maintained that the lower court, upon

boycotted the courts. It would appear that counsel for the plaintiff/respondent applied for the abridgment of the time for the delivery of the judgment. The court obliged, pages 24 and 25 of the record. Hence, the matter, originally, slated for judgment on September 27, 1993, was brought to July 23, 1993. Judgment was on that date.

Although, the attitude of the first appellant to the court processes was, overtly, contumelious, the defendants/appellants have a valid complaint with regard to the non-issuance and service of the hearing notice for the delivery of judgment: a change of date prompted by the application of the respondent’s counsel. The proceedings of July 23, 1993 bear out this complaint.

Justice Bulkachuwa Acting PCA being satisfied that the appellants had been served with all the processes in the suit, proceeded to trial and thereafter gave judgment in favour of the respondent. He noted that an appeal court is bound by the record before it and cannot look outside the record, Ogolo v Fubara (2003) FWLR (pt 169) 1285, 1313. He explained that where a party sues two or more people jointly and severally, the non service or ineffectual service on one of the parties would not lead to a defeat of the entire action but would merely lead to an assumption of jurisdiction by the court on only the party that was served with the Originating Process in the suit. In effect, the Claimant, in such a case, was entitled to proceed against the party served and obtain judgment against such a party.

It is not in doubt that the first appellant was, duly, served with all the Originating Processes.

The parties are ad idem on this. However, it is not so clear from the record whether the second appellant was ever served with the Originating processes. Even the lower court, repeatedly, conceded this much.

The appellants’ counsel inveighed against this finding. That notwithstanding, the lower court made findings that the two appellants were, duly, served. With respect, this observation overlooked the fact that the integrity and sanctity of court proceedings, including judgments and rulings, are presumed until the contrary is proved.

If the appellants were minded, indeed, to challenge the correctness of the records, they had a duty to swear to an affidavit setting out the facts or part of the proceedings as wrongly stated in the record.

However, this matter is not that simple. On June 3, 1993, the court adjourned to July 22, 1993 for judgment. It did not deliver its judgment as scheduled as the NBA, Lagos State Branch, had

we, entirely, agree with the appellants’ counsel that the above events of those two days occasioned grave injustice on the appellants. The courts have been, fairly, consistent in their views that service of processes, including hearing notices from day to day is so important that any dereliction in this regard is bound to vitiate the entire proceedings no matter how well conducted, Onwuka v Owolewa (2001) 28 WRN 89; (2001) 7 NWLR (pt 713) 695, 710; Folorunsho v Shaloub (1994) 3 NWLR (pt 333) 413, 430.

The rationale for this is that notice is the only legal means of getting a party to appear in court, Onwuka v Owolewa (Supra1) thus, failure to issue and serve hearing notice is a denial of justice.

Thus, any judgment or order given against the party who was not served with hearing notice is null and void, C.A.F.S. Ltd v Mallah (1998) 10 NWLR (pt 569) 16. In the instant case, the judgment appealed against was delivered prematurely before the date it was originally slated for delivery without any notice to the appellants. We agree with the appellants’ counsel that, in the circumstance, the said judgment was irregular and amounted to a denial of the appellants’ right to fair hearing. It is, therefore, a nullity, see, Per Karibi-Whyte JSC in Okafor v AG Anambra and Ors (1991) LPELR-SC. 264/1998, 27-28.

We endorse the submission that the said judgment delivered, when no hearing notice had been served on the appellants, was null and void, per Karibi-Whyte JSC in Okafor v AG Anambra and Ors (1991). We resolve this issue in their favour.

Counsel submitted that though the appellants were absent throughout the trial, hence they could not call evidence, the onus was still on the respondent to prove its case and that onus was not discharged. She argued that, based on the evidence before the court, the respondent did not prove its case on the balance of possibilities.

On this issue, counsel for the respondent cited section 135 (1); 136; 137(1), 92) and (3) of the Evidence Act, CAP E14, Laws of the Federation of Nigeria 2004 (applicable to the proceedings); Ibori v Agbi (2004) 6 NWLR (pt 868) 78, 136 and the maxim equal affirmat non equi negat, incumbit probation. That is, the burden of proof lies on the person who asserts, not on the person who denies.

TO BE CONTINUED

National Judicial Council vs. Justice Mohammed Talba (2) Matters arising

By Iheanyichukwu Maraizu S observed above, Section 309 of the Penal Code under which the trial court acted in the instant case gives the court a wide latitude or discretion to exercise. This the Honourable court exercised as it deemed fit.

The law is trite that once a court, which has discretion to exercise, does so as it deems fit, appellate courts do not normally question or disturb such discretions unless there are good reasons to do so. In all cases, the onus is on whoever alleges the contrary to show why a discretion duly exercised by a court of competent jurisdiction should be questioned or disturbed.

It is equally important to point out that if the trial court in the instant case had exceeded the maximum limit of two years’ imprisonment stipulated by the law, the court

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would have acted ultra vires (beyond its powers) and would, therefore, have been in breach of the clear provisions of Section 36(8) of the 1999 constitution (as amended) which inter alia provides no penalty shall be imposed for any criminal offence heavier than the penalty in force at the time the offence was committed.

Against the background of this constitutional provision, it can easily be seen that those who are criticizing Hon. Justice Talba for handing out what they see as light sentence are only exhibiting their ignorance of this constitutional provision. They can now see that there is no way the court could have exceeded the two years’ limit stipulated by Section 309 of the Penal Code.

If the court had done this, it would have been a good ground of appeal for the convict who would quickly have approached the court of appeal to complain that the trial court had breached section 36(8) of the constitution. in that case, one needs no sooth-

Justice Mukhtar (CJN) sayer to know that the court of appeal would have unhesitatingly quashed the conviction. the trial conducted by the lower court would have been an exercise in futility.

The EFCC was widely reported to have kicked against the sentence of two years or fine of N750, 000 passed by the court.

By this act, the EFCC only succeeded in

exhibiting a crass ignorance of the extant constitutional provision cited above. The EFCC should, therefore, be ashamed of itself because it ought to know better. As far as I am concerned, the reaction of the EFCC amounted to shedding crocodile tears. This is because the EFCC has never done what it ought to have done first viz to push for the reform or review of the relevant laws. How can the EFCC, in all honesty expect a court, which knows its onions, to act outside the law?

Long before now, the EFCC ought to have taken a critical look at the laws under which it operates and made a case for review, reform or repeal where necessary. This, the EFCC, woefully failed to do.

The crocodile tears that the EFCC shed in the aftermath of the judgment of the court in the instant case was aimed at covering its inadequacies. It was also aimed at whipping up unnecessary sentiments against the judiciary so that the public would see the judiciary as the greatest impediment in the fight

against corruption in Nigeria. But nothing can be farther from the truth.

If one goes through the Penal Code and the Criminal Code, it is not difficult to see that they are grossly inadequate to combat the magnitude of corruption starring Nigeria in the face today.

In fact, it can be rightly argued that the sections of those laws dealing with fraud, corruption, stealing etc were made with petty criminals and thieves in contemplation. They were not made with the type of gargantuan fraud and corruption we are witnessing in Nigeria today in view. As far as the ugly situation we have in Nigeria today is concerned, the Penal and Criminal Codes have become utterly anachronistic and therefore, need urgent review. Rather than shed crocodile tears and engage in buck passing, the EFCC should focus squarely in this direction if it must deliver on its mandate.

TO BE CONTINUED

THE GUARDIAN, Tuesday, June 11, 2013

72 LAW

FamilyLaw

Every man is afraid of something. That’s how you know he’s in love with you; when he is afraid of losing you.

How to cope with loss and pain (3)

By Ibe Uwaleke (With Agency Report) SE these days to get outside and spend some time walking, contemplating and simply noticing the life and beautiful things around you. Do this regularly to get back into the swing of the world. Don’t try too hard – just let the warmth of the sun wash over you, the sounds of the world flow through you and the beauty of the trees, architecture, artwork, routines and busy activities remind you that the world is ever present and that there is beauty in it.

Listen for bird song and the sounds of people going about their everyday business. Yes, life does go on and you deserve to be a part of it and to eventually rejoin the daily routine Allow time to heal. Time will heal through allowing you to remember the good things and to start honoring the lost through a renewed determination to enjoy your life more fully.

You won’t ever forget those you’ve loved. Nor will you misplace the inner strength that drove you to seek lost goals or achievements. What may change is how you approach your life from this point – there may be a sharpened focus, a new sense of value or a totally changed perspective about certain aspects of your life. All of that is good because it’s part of your growth and part of you learning how loss can be turned into a way of redirecting your life’s path, reminding you that life is precious and that you’re responsible for making the most of your time here. Sometimes you can get stuck in a bind of wanting to ensure that you’re grieving properly, and as such you might find yourself extending grieving past when you’re ready to

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move on. There is no right or wrong time length for grieving; for every person it is very different and healing has its own personal pace, including ups and downs during the grieving time. Expect to be gentle on yourself at any time but don’t draw deadlines on grieving or postpone your happiness either; listen to your feelings and do what feels right inside.

Don’t let the “if-only” feelings take over. “If only I’d been nicer.” “If only I’d made time to visit

more often.”

Music can be a very soothing way to cope when you’re feeling loss and pain. Try to move from sad to more upbeat songs though, or you may cause yourself to feel sad just by listening to sad music for a long time.

If someone tells you to “get over it,” don’t argue with him or her. This will just make you feel even worse, because it will make you feel as though you carry a weaker tolerance for

emotions than someone else. In other words, you’ll begin to believe that there is actually a problem with the way you are dealing with the grief, when there really isn’t. This is just how you feel. Just don’t listen to them, because they don’t know what kind of relationship you had with the loved one. You will heal in your own way on your own time.

Life is beautiful – it has many wonderful surprises in store for you. So go ahead and smile, visit new places, and meet new people.

You are free to think of other things. There is nothing that says you have to keep dwelling on the loss to prove your sadness or to show others how much the loss means to you.

People already know that you’re devastated; you don’t have to prove or explain anything.

Love yourself. If you fall (and you will fall), laugh at yourself, kick yourself in the butt and go on.

Grief works in its own unique cycles, and it varies from person to person. Not everyone will heal right away, and then again, not everyone will be morbidly upset, either.

Remember that every person feels differently.

Don’t be worried if you find you are having a harder time healing than another, even over the same loss. This usually shows how close you and the loved one really were. Some people will not cry, while it may take others months to stop.

Don’t regret anything. Don’t put yourself down because you didn’t have the chance to say you were sorry or “I love you” or “goodbye”. You can still say it.

YOU AND THE LAW —-With Dupe Ajayi Derogation from fundamental human rights on acquisition of private landed property (2) NE of the conditions prescribed O by the provision of Section 44 of the 1999 Constitution for the validity of law that seeks to compulsorily take over private property is that such a law should make provision for the prompt compensation to the owner of the property and that such a law should also provide for right of access to the court to contest the quantum of compensation, the delay of payment or even non-payment.

Section 29 of the Land Use Act (LUA) 1978, is made pursuant to the provision of the Constitution referred to above. The said Section 29 of the Land Use Act provides as follows: 29 (1) if a right of occupancy is revoked for the cause set out in paragraph (b) of a section set out in paragraph (2) of section 28 of this act or in paragraph (a) or (c) of subsection (3) of the same section, the holder and the occupier shall be entitled to compensation for the value at the date of the revocation of their unexhausted improvements.

S.29 (2) if a right of occupancy is revoked for the cause set out in paragraph (c) of subsection (2) of section 28 of this act or in paragraph (b) of subsection (3) of the same section, the holder and the occupier shall be entitled to compensation under the appropriate provision of the minerals act or the petroleum act or any legislation replacing the same.

S.29 (4) compensation under subsection (1) of this section shall be as respects: (a) The land, for an amount equal to the rent, if any, paid by the occupier during the year in which the right of occupancy was revoked; (b) Buildings, installations or improvement thereon, for the amount of replacement cost of the buildings, installation or improvement, that is to say, such cost as may

be assessed on the basis of the prescribed method of assessment as determined by the appropriate officer less any depreciation, together with interest at the bank rate for delayed payment of compensation and in respect of any improvement in the nature of reclamation works, being such cost thereof as may be substantiated by documentary evidence and proof of the satisfaction of the appropriate officer. (c) Crops on land from any building, installation or improvement thereon, for an amount equal to the value as prescribed and determined by the appropriate officer.

The classic rationale for compensation is that, in fairness and justice, one individual should not be forced to bear the burden that ought properly to be borne by society as a whole. See Amokaye Oludayo, G, “The Land Use Act and governor’s power to revoke interest in land: A critique” of the Land Use Act twentyfive years after, I. O Smith, Ed. A publication of the Department of Private and Property Law, Faculty of Law, University of Lagos, chapter 11, p.246 at 263.

A cursory look at the above provision of section 24 of the LUA will reveal that the section is a betrayal of section 44 of the constitution under which it derives its validity.

This submission is borne out of the communal reading of subsections (1), (2) and (4) (a – c) of the section which make it clear that compensation is payable for unexhausted improvement on the land only. in other words, no compensation is payable for the bare land.

It is difficult to understand what informed the thinking of those who enacted the legislation, because anyhow one looks at it, the inevitable conclusion is that the provision is a fraudulent legislation because it

tends to give the impression that it is only the improvement on the land that is of value, yet the same legislation makes rent payable annually to the government on the land by the holders of certificate of occupancy.

If one can excuse the blunder of those who made the legislation in 1978, the failure of the present lawmakers to amend the legislation to reflect the current trend and rectify the lapse is unpardonable. The fact that today, a bare plot of land is worth hundreds of millions of naira in choice areas in some parts of the country, is a testimony that the legislation is outdated and archaic.

Beyond this, even in cases where compensation is paid, the quantum is always a caricature of compensation. a learned commentator on the point remarked thus, “while the constitution required prompt compensation, the fairness and adequacy of it can only flow from the value of

compensation itself”.

The Black’s Law Dictionary, 7th Edition, defines compensation as, “indemnification….making whole, giving equivalent or substitute of equal value that which is necessary to restore an injured party to his former position”.

It is the essence of compensation from the legal meaning ascribed to it that it has to be fair and adequate, for that is the main essence of ‘making whole, giving an equivalent or substitute or equal value or restoration of an injured party to his former position”.

Any compensation short of this is unconstitutional for being unfair or inadequate and may be so challenged in court notwithstanding the nonspecific mention of the two qualifying adjectives by the constitution.

Arriving at a fair and adequate compensation requires a painstaking consideration of such factors like nature and length of use, injurious affection, general inconvenience, the possibility of acquiring property of similar size within comparable location at affordable cost etc.

These factors are so fundamental to the realisation of the constitutional right to compensation that failure to take cognizance of them may amount to a breach of the constitution. See sidelining orthodoxy in oneness for reality: towards an efficient legal regime of land tenure in Nigeria, an annual lecture delivered at the university of Lagos on Wednesday, 18th June, 2008, by Professor I. Oluwole Smith.

Furthermore, Section 33 of the act, which recommends alternative accommodation instead of compensation to the holder of the right of occupancy, disregards the need to consult the holder of the right of occupancy as to his preference or choice of alternative accommodation.

Though the section makes some pre-

tentions to being fair by providing that a valuation of the alternative accommodation should be done, the valuer, however, is a government appointee (a member of the land use and allocation committee).

A worrisome dimension to this issue in recent time is the insistence of the government that people whose landed property are required for development project should provide documents of title before they can be entitled to compensation.

Those who have evidence of payment of tenement rates are not even excluded. For instance, in Lagos, many houses have been enumerated and assessed for the payment of land use charge and the owners have been paying without being asked to produce evidence of title to the land. Will it not amount to double standard to require such persons to produce evidence or title before they could be entitled to compensation if the houses of such people are acquired? Most importantly, the requirement or document of title as a basis of compensation in case of acquisition seems to ignore the fact that some holders hold their interest by the operation of law under section 36 of the act (deemed grantees) and that category of holders are not obliged to subject themselves to such conditions or limitations in interest in certificate of occupancy.

In the light of all the foregoing, one will be putting it mildly by saying that the provisions of Section 29 of the Land Use Act dissect above do not conform with the spirit and letter of the constitution and the need for reform cannot be overemphasized.

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THE GUARDIAN, Tuesday, June 11, 2013

Anti-corruption war in Nigerian judiciary: CJN Mukhtar’s example Verdict

By Femi Falana T a recent public event in Ibadan, Oyo State, A Chief Solanke SAN had pointed out that for corruption to be effectively tackled in the country the fight has to be start with the judiciary. In calling on the judiciary to play a critical role in prosecuting members of the public who run foul of the law the legal luminary opined, that “The judicial process is the only method by which erring members of the society can be made accountable and be made to pay the penalty for wrongdoing. Yes, there is corruption in the land, and only the court can purge the society. But alas, what about the judiciary itself.

Honourable Justice Mustapha Adebayo Akanbi, a former President of the Court of Appeal and the pioneer Chairman of the Independent Corrupt Practices and Other Related Offences (ICPC) is a man of extraordinary moral force. His commitment to the defence of the rule of law, good governance and accountability is legendry.

As a man of principle, His Lordship has a penchant for speaking truth to power.

It is public knowledge that the National Judicial Council under the leadership of the Chief Justice of Nigeria, the Honourable Justice Maryam Aloma Mukhtar, is quietely but effectively, prosecuting a war against judicial corruption. Since the war has thrown up some challenges for the legal profession, we shall review the strategies adopted by the NJC and explore ways of institutionalising the reforms with a view to repositioning the judiciary to serve the interests of the Nigerian people. This is the only way to ensure that the reforms survive the relatively short tenure of the Chief Justice.

I know that majority of Nigerian judges are not corrupt. The fight against judicial corruption is, therefore, being waged against the few that have perfected the act of selling justice to the highest bidders and thereby denting the image of the judicary.

Subversion of judicial independence by the judiciary In addition to lack of judicial independence in Nigeria some highly placed judges have betrayed their oath of office by engaging in wanton corruption. The removal of some very corrupt judges by the defunct Sani Abacha junta on the recommendations of the Justice Kayode Eso Panel did not deter the others who

have continued to dent the image of the judiciary and thereby erode public confidence in the judiciary. Under the current democratic dispensation some of the heads of the judiciary have recklessly subverted the independence of the judiciary. In fact, one of them is so close to the Presidency that his nominees for the office of the Attorney-General of the Federation have been appointed on two occasions. The crisis of confidence in the judiciary has been compounded by the influence of moneybags and politicians.

Thus, upon the conclusion of the 2011 General Elections, a plot was hatched by the authorities to remove the President of the Court of Appeal, Justice Ayo Isa Salami. As he was suspected to have sympathy for a leading opposition political party, the Federal Judicial Service Commission chaired by the then Chief Justice of Nigeria, Justice Aloysius Katsina-Alu recommended that Justice Salami be promoted to the Supreme Court. Not only did Justice Salami reject the recommendation, he proceeded to spill the beans when he averred in a suit filed by him at the Federal High Court that the Chief Justice had asked that the governorship election petition in Sokoto State be decided in favour of the candidate of the ruling party. Notwithstanding that the suit filed

by Justice Salami against his planned removal was pending in court, the National Judicial Council decided to place him on suspension pending the investigation of the allegations of misconduct leveled by him against the Chief Justice.

At that juncture, both Messrs. Segun Oni and Olagunsoye Oyinlola, whose elections as governors of Ekiti and Osun states respectively had been annulled by the Court of Appeal, alleged that Justice Salami was in constant telephone conversation with leaders and lawyers of the Action Congress of Nigeria during the hearing of some election petitions.

The National Judicial Council also decided to investigate the grave allegations of both politicians. Not convinced that the National Judicial Council would examine the matter in a dispassionate manner the Nigerian Bar Association resolved to set up its own panel of inquiry to investigate the roles of all the dramatis personae including its own members in the Sokoto governorship election petition saga.

The reports of the NJC and the NBA were mired in controversies. While the CJN was exonerated by the NJC Justice Salami was asked to tender apology for lying on oath

Femi Falana even though it was found that the CJN actually asked Justice Salami to change the panel that had concluded the hearing of the appeal. But as far as the NJC was concerned the CJN interfered in the case in the interest of the judiciary! On its own part, the NBA exonerated Justice Salami, indicted the CJN and some legal practitioners. Upon the retirement of Justice Katsina-Alu the matter was revisited by the NJC which turned round to exonerate Justice Salami, lifted his suspension and decided to recall him.

However, President Goodluck Jonathan has refused to allow him to resume duties as the President of the Court of Appeal on the ground that the matter is pending in court.

Although the matter has been left for judicial determination by the court, the crisis has done incalculable damage to the image of the Nigerian judiciary.

Indeed, it has been said that the KatsinaAlu/Salami imbroglio is partly responsible for the increasing wave of judicial corruption in the country in the last couple of years.

All manners of ex parte orders are issued by the judges, while judgments totally devoid of justice are handed down by judges. Men and women of means and influence charged with theft of billions of Naira are either freed or convicted and asked to pay ridiculous low fines. The Nigerian judiciary recently became a butt of jokes before the international community when a former governor who was discharged by the Federal High Court was

convicted and sentenced to a 14-year jail term by a judge in the United Kingdom on the same evidence.

It was, therefore, not surprising at the swearing-in-ceremony of the Honourable Justice Musdapha, as the Chief Justice of Nigeria on September 27, 2011, when President Jonathan expressed concern over the “widespread perception of a growing crisis of integrity in the judiciary”. While charging the newly appointed Chief Justice to address the crisis of confidence in the judiciary the President pointed out that “A partisan judge compromises his or her oath of office and acts unfairly. A corrupt judge disgraces the Bench on which he or she sits and the title that he or she wears” In several public statements thereafter, the Honourable Justice Musdapher condemned judicial corruption, delay in the administration of justice, criticized plea bargain and made recommendations for judicial reforms.

His Lordship also intervened to stop the manipulation of the Court of Appeal in some election matters. A Federal High Court judge was directed by the Chief Justice to reverse an ex parte order, which he had granted restraining Independent National Electoral Commission from conducting the governorship election in Cross River State. The illegal ex parte order was issued on the eve of the said election.

Emergence of Justice Aloma Mukhtar I first met the Justice Maryam Aloma Muktar as a High Court Judge in Kano in 1984. My client, a trade union, had sued a powerful Lebanese company in the Kano State High Court for illegally withholding the check-off dues deducted from the wages of all the workers in its employment. The company, which had boasted that it had the judiciary in its pocket was taken aback when the trial judge, Justice Muktar granted the reliefs sought by the plaintiff and ordered the company to refund and pay to the union the check -off dues, which it had illegally withheld. Since then I have watched the judge from afar and followed her impeccable judicial carrier.

In a country where judicial corruption has been virtually institutionalized, I make bold to say that Justice Muktar has never been associated with corrupt practices or any form of abuse of office.

She is conservative but ready to take a radical stance in defence of the rule of law. She is quiet but aggressive in dealing with cases of corruption.

TO BE CONCLUDED

FGN v. Senator Mohammed Ndume: A test of admissibility of electronic evidence

By Adeniji Kazeem Introduction IGERIAN democratic experience has been punctuated with different challenges ranging from coups d’état, civil wars and political violence, economic instability among others.

The latest is the menace of militant and terrorist groups (with international affiliations) possessing undeniably capability to undermine the unity and sovereignty of Nigeria. The most intimidating of these groups is the Boko Haram, which has launched an “offensive” against the sovereignty of Nigeria with accompanying loss of lives and property of an unprecedented magnitude.

The efforts of security agencies in checkmating the activities of the group have been unsuccessful due to reasons such as the alleged complicity and sabotage of some individuals in government who provide massive support-financial and otherwise to the groups. The truth of this statement came to bear when Senator Ali Ndume (a serving Senator representing BornoSouth Senatorial District) was arrested by security agencies for alleged links with Boko Haram.

The basis of the arrest, according to the State Security Services (SSS), was that Senator Ndume maintained steady lines of communication with a prominent member of the Boko Haram group.

The SSS also claimed to have seized the mobile phones used by Senator Ndume and Ahlis Sunnah Lid Da’awati Wal Jihad Ali Sauda Umar Konduga Ali Sauda Umar Konduga. The public’s excited reaction to the ‘infallibility” of the “evidence” (in a society where many cases hitherto have been lost on the premise of “lack of evidence”) was further accentuated by the recent amendment to the Evidence Act, which seemingly allows for the admissibility of electronically generated evidence.

Facts of the case Ndume a serving senator of the Federal Republic of Nigeria was charged with the admissibility of the evidence linking him with the Boko Haram group, which is the focal point of the trial at the Federal High Court, Abuja. The prosecution in its attempt to substantiate the

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Mohammed Bello Adoke (AGF) allegation that Senator Ndume had links with the Boko Haram group, sought to tender the following evidence: Two counts of breach of official trust for allegedly disclosing information to unauthorised persons and criminal conduct.

Nokia E7 Phone and Nokia 2700 phone belonging to Senator Ndume and a report of an account of the process of exploiting or extracting the contents of the phones and transferring them to three DVDs. DVDs, which contained data from the seized mobile phones obtained from the process of exploitation carried out by forensic examiners attached to the Special Investigation Panel, Department of State Security Services.

Ali Sauda Umar Konduga The court has admitted the Nokia phones as Exhibit P5 and P5A. It has also admitted as Exhibit P7- the report prepared by forensic examiner one Aliyu Usman.

There was, however, vehement objection by the defence counsel when the prosecution sought to tender the DVD’s, which allegedly contained forensic extracts from the mobiles phones, which had already been admitted in evidence.

After hearing arguments from both sides, the

learned trial judge Honourable Justice G.O. Kolawole, in a considered ruling, overruled the defence counsel’s objections and admitted the DVD’s as Exhibits P8, P8A and P8B. Arguments of counsel Defence The defence counsel, Ricky Tarfa (SAN), objected to the admissibility of the DVDs on the following grounds: • That by virtue of the provisions of Section 85 and 86 and 258 of the Evidence Act 2011, the DVDs qualified as documents and was secondary evidence and not primary evidence; • That the DVDs are public documents within the purview of Section 102 of the Evidence Act and thus will require certification before they can be admissible. He contended that the DVD’s had no indication on them and no signature, no description and designation of the person making them. He further submitted that a certification from someone in public service in the form of a signature, description or designation was key so as to guarantee the authenticity of the materials as they can be produced by anybody; • The DVDs are all computer-generated products and that there are preconditions for admissibility, which are set down in Section 84 (2) (a)(d) of the Evidence Act; • In the admissibility of CDs, it is the original or authentic copy that is admissible. And where the original is not available, there ought to be an explanation as to its unavailability.

Prosecution The prosecution counsel, O.T. Olatigbe in his reply, submitted as follows: • That the DVDs are secondary evidence; the primary evidence being the mobile phones already tendered and admitted as Exhibits P5 and P5A; • That the 3 DVDs were mere extractions from the phones, which are the primary evidence; • That all the facts in the three DVDs are in the mobile phones and the court has a duty to look at the said phones (which are already in Evidence as P5 and P5A); • That the weight to be attached to the three DVDs will be determined at the end of the case; • On the issue of whether the DVDs were public

documents, the learned prosecutor argued that three DVDs were not public documents and submitted that the maker of the DVDs who had labelled them in his own handwriting was before the court and therefore no additional certification was needed to analyse the DVDs. Decision of the court • The court after considering the connection between Exhibit 7 (the account/report explaining how the contents of the phones were exploited and transferred into the DVDs) held that the DVDs were secondary evidence of the phones, which he considered as primary evidence. The court further held that the DVDs were akin to printed copies of a photograph whose negative films (the Phones) have already been tendered in evidence; • In dismissing the prosecution’s argument that the DVDs are not “computer generated”, the court ruled that by the combined effect of the definitions of “document” and “computer” under Section 258 of the Evidence Act, the said DVDs are “computer generated” and secondary evidence of the data contents of Exhibit “P5” and “P5A” - the mobile phones, thus dispensing with the need to consider Section 85 and 86 of the Evidence Act, which deal with “proof of contents of documents whether as primary or secondary; • Having held that the DVDs were “computer generated” and secondary evidence of Exhibit “P5” and “P5A, the court thereafter considered the issue of “whether the fact that the DVDs which are computer generated products are inadmissible having regard to the elaborate steps or procedure stipulated in Section 84(2) (a)(d) of the Evidence Act; • On the issue of non-compliance with the conditions laid down in Section 84(2) (a)-(d) of the Evidence Act, the court held that PW3’s testimony, which explained the process of exploitation of the contents of the phones to the DVDs using “tool kits” in the forensic laboratory of the State Security Service may even be superfluous in view of the fact that DVDs have been globally acknowledged as part of the “kits” of computer material for storage of information or programme.

TO BE CONCLUDED

74 CAPITAL MARKET

THE GUARDIAN, Tuesday, June 11, 2013

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Chams grows profit by 107 per cent

By Bukky Olajide ESTRUCTURING proR gramme announced by Chams Plc in 2011 may have started yielding positive results. The information and communication technology company has recorded substantial growth in turnover by improving internal efficiency and cost management to deliver impressive returns in the financial year ended December 31, 2012.

Audited report and accounts of Chams Plc for the 2012 financial showed remarkable improvements in turnover, profitability and financial strength of the company as it pulled away from a net loss of N1.24 billion in 2011 to record a net profit of N87.5 million in 2012.

Commenting on the results, Group Managing Director of the company, Demola Aladekomo, said, “the results are proof of our unwavering commitment towards refocusing and consolidating the group’s businesses during the year. After recording a resilient year in 2011, we are delighted by the significant growth achieved in our revenues and profitability respectively in 2012. The fundamentals of our business remain solid and we are confident we have the right strategies in place to ensure continuous future growth and profitability.

“This performance is as a result of our continued commitment to providing cus-

tomers with competitive and high quality services. We will continue to leverage our best-in-class technology solutions, well trained and experienced personnel and the expertise of our global affiliates as we strive to be the leading end-to-end technolo-

gy solutions provider to the public and private sectors of the economy in Nigeria.”

In the 2012 financial year, Chams Plc turnover rose by about 60 per cent to N2.84 billion in 2012 as against N1.78 billion recorded in 2011.

Top-line performance was

driven by the group’s identity management solutions business, which recorded 249.3 per cent increase from N700 million to N2.45 billion.

Strident cost management and internal efficiency initiatives being implemented by the management impacted

positively on the top-down profit structure of the group with appreciable improvements from gross profit to the net profit.

While cost of sales dropped by 51 per cent from N1.09 billion to N534 million, gross profit jumped by 235 per

cent from N687 million to N2.30 billion. Operating expense remained muted at N2.45 billion compared with N2.14 billion while interest expense was almost flat at N230 million compared with N226 million in previous year.

Union Bank pledges to sustain profitability, increases capital adequacy ratio

By Helen Oji OLLOWING its return to FUnion profitability last year, Bank of Nigeria Plc at the weekend expressed commitment to consolidate the growth, even as the bank’s capital adequacy ratio currently stood at 20 per cent, above 15 per cent regulatory requirement.

Addressing stockbrokers during the bank’s ‘Facts Behind the Figures’ in Lagos on Friday, the Group Managing Director of the bank, Mr. Emeka Emuwa, explained that the bank’s capital adequacy ratio, which currently stood at 20 per cent, against 19 per cent recorded in 2011 and liquidity ratio, which has also exceeded regulatory requirement, has repositioned the bank to sustainable profitability.

The Union Bank boss pointed out that a network of 337 branches spread across Nigeria has provided a competitive advantage to the bank, adding that it would leverage on its past heritage

and modernising its brand and operational base in order to extending its service offerings to next generation of customers and seeking a strong position in emerging segments.

Emuwa, while fielding questions to stockbrokers, assured them that Union Global Partner Limited, the bank’s core investors, which,

according to him is having 65 per cent stake in the bank, would not exit the bank in the nearest future.

“The core investors are longterm investors that brought a certain value to the bank and the notion of exit is not what we are looking at but the capital which they brought in which can not exit.”

He added that with the cur-

rent repositioning plan in place by the board, as well as the injection of $500 million in September 2012, by its core investors, the bank is poised to deliver quality services to customers and enhance shareholders value on investment.

The GMD who said the group growth trajectory experienced a significant dip in the

2009 financial year, just as deposit was going down for the bank until 2011, explained that, “with a seven pillar transformation programme in place in the year, leveraging on its business model, people and culture and its risk management amongst others, the bank is set to take its rightful place in the industry.

Shareholders’ group seeks effective regulation of primary market segment

By Helen Oji O sustain the bullish rally T recorded in the market in the past few months, Association of Avid shareholders (AAS) has urged the regulators authorities to ensure that the primary market segment is well regulated.

The President of the newly inaugurated association, Abayomi Obabolu, while addressing capital market stakeholders in Lagos over

the weekend at the official launch of the body explained that the for the regulators to ensure that quoted companies that accessed money in the market through Initial Public Offer or rights add value to the proceeds of the offer before approaching the market again.

Obabolu, who expressed the group’s readiness to tackle the rot and other forms of perceived irregularities bedeviling shareholders in

the country “The market right now is in the hand of foreign investors and to woo local investors back to the market, they must see better returns on their investment in form of dividend or bonus and for this to be achieved, regulators should monitor and regulate the primary market. Companies that raised money initially should be ask to give account of the money raised before approaching the market for

the second time.”

He noted that the Nigerian capital market is on the picking up again after previous years of decline, which led to losses that caused apathy to investors’interest.

According to the president, “The fast rate of recovery in the last couple of months has necessitated proactive measures to ensuring that the past does not repeat itself in the same direction.”

THE GUARDIAN, Tuesday, June 11, 2013

76

Sports Countdown To Namibia/Nigeria World Cup Qualifier

Tragedy hits Warri Wolves, as player dies in car crash

Namibia’s camp in disarray, as coach quits over threat to life AMIBIA Coach, Roger N Palmgren has quit his position barely 48 hours to the Brazil 2014 World Cup qualifier against the Super Eagles, saying he fears for the safety of his family after receiving death threats.

“The President of the Namibia Football Association (NFA) John Muinjo hereby announces the resignation of the Brave Warriors’ Head Coach, Roger Palmgren, who tendered his resignation with immediate effect this weekend due to serious threats directed towards him and his family, as stated in his resignation letter,” the NFA said in a statement.

Palmgren, who is just a month into the job, was unveiled as coach on May 2 and led the team to two 0-0 draws, in a friendly against Zambia and a World Cup qualifier in Malawi last week.

Namibia face African champions, Nigeria, in Windhoek in a qualifier tomorrow, with former Namibia midfielder, Ricardo Mannetti, placed in temporary charge of the side.

Namibia trail group leaders Nigeria by four points with two rounds of matches left.

Nigeria could take a huge step toward securing a place at the 2014 World Cup by beating Namibia away from home tomorrow.

Stephen Keshi’s side currently hold a two-point lead in CAF qualification Group F and, should they win in

Windhoek, may only need to avoid defeat against secondplaced Malawi in September to reach Brazil.

Nigeria has won just two of their four qualification games thus far, but also boast an unbeaten record during that period.

One of those victories came in their home meeting with Namibia, as a late goal from Ikechukwu Uche helped the hosts to three points back in June.

Namibia have won, drawn and lost in their three qualifying fixtures since then, and sit four points short of top spot in Group F as a result.

However, they could blow the group wide open with a victory against the 2013 Africa Cup of Nations champions, though they will need to add to the solitary goal they have scored thus far if they are to do so.

Although Nigeria is not exactly prolific, having scored four times across four fixtures, all of their goals have come from different scorers.

And they may need to spread the goals out again tomorrow, with Sunday Mba and Ahmed Musa the top scorers at international level in the current squad despite having both only notched five times.

Namibia are bidding to reach their first-ever World Cup finals, while Nigeria have been present on four occasions - including in South Africa in 2010.

Globacom Nigeria Premier League

FG wants EFCC to prosecute match-fixers From Ezeocha Nzeh, Abuja S part of its efforts to reposiA tion the Nigeria Professional Football League (NPFL), the Federal Government says it is talking with the Economic and Financial Crimes Commission (EFCC) to prosecute league managers found guilty of match fixing.

Warning that it would henceforth treat any case of match fixing as a criminal case, Minister of Sports/Chairman of the National Sports Commission (NSC), Mallam Bolaji Abdullahi, while presenting his scorecard during the mid-term report on the progress and achievements of President Goodluck Jonathan’s administration in a Ministerial Platform yesterday in Abuja, attributed the successes recorded in football in recent times to the restoration of peace in the Glass House.

The Guardian recalls that the Nigeria Police has not prosecuted any club official indicted in the 2012/2013 league season’s

match fixing case involving Lobi Stars of Markurdi and Sunshine stars of Akure months after the NFF transferred the case file to it for further investigation.

Reeling out the Federal Government’s contributions in repositioning sports from 2012 till date, the minister argued that the efforts would be in vain should Nigerian youths continue to leave the country in droves to obscure leagues in the world or languish in European and Asian jails, adding that making Nigerian league viable would checkmate such trends.

Abdulahi, who regretted that Nigerian league is now rated below their South African counterparts and other African countries even when it was obvious that the country boasts a better national team, noted that the League Management Company (LMC) would strive to reposition and make the league more competitive.

hours after beating Fin EW visiting 3SC of Ibadan 2-0 their Week 17 League

France’s Tony Parker (right) dribbles pass Nigeria’s Ike Diogu during the Men’s Basketball Preliminary Round match of the London 2012 Olympic Games at the Basketball Arena in London, England. Diogu returns to the national team in China

game at the Warri City Stadium on Sunday, players and officials of Warri Wolves were thrown into mourning following the death of their defender, Solomon Oboh.

The player, who was at the stadium to cheer the team to victory, died a few hours later in an auto crash in Agbarho (two kilometers from Warri).

Obohm previously played for Bisalo FC before joining Delta United in 2007. It was Delta United that later metamorphosed into Warri Wolves.

The Club Media Officer, Etu Moses, said the management was in deep shock, adding, “the news took us by surprise. He was a good player and did his best for the progress of the club.

“He didn’t play against 3SC, but he was part of our future programmes before this sad news. We pray that God would be with his father and friends he left behind and give them the fortitude to bear the loss. Warri Wolves are in mourning mood,” Etu stated.

Oyedeji, Diogu lead D’Tigers to Stankovich Continental Cup in China

By Olalekan Okusan APTAIN of the national C men’s basketball team, D’Tigers, Olumide Oyedeji, and his assistant, Ike Diogu, will lead 13 others to the ninth FIBA Stankovich Continental Champions’ Cup slated for China later this month.

According to the 15-man list released by the Nigeria Basketball Federation (NBBF), other players in the team are Ben Uzoh, Mike Ohiero, Richard Oruche, Deji Egbeyemi, Stan Okoye, Abubakar Usman, Stanley Gumut, Yahaya Abdul, Solomon Alabi, Nkem Ojougboh, Kingsley Oguchi,

Kelechi Anuna and Ehimen Orukpe.

Two Chinese cities of Lanzhou and Guangzhou will host the tournament from June 26 to July 10.

According to NBBF, the tournament kick-starts the team’s preparations for the Afrobasket men championship slated for August in Cote d’Ivoire.

However, some players, who are committed to the national team for the Afrobasket have been allowed to team up with the team in July after the Stankovich Cup to enable them sort out contractual issues and try outs with NBA teams during the period.

The FIBA Stankovi

Continental Champions’ Cup is an international basketball tournament for men’s national teams organised annually

by FIBA. The idea for the tournament came from President of FIBA, Carl Men Ky Ching, and the purpose of the cup was to honor FIBA Secretary General Emeritus, Serbian Borislav Stankovi , for his significant contribution to basketball.

Being the only Chinese President of the 28 International Sports Federations, Ching picked China as the host country for the Cup and it is organised to promote basketball and to provide an opportunity for the Chinese Men’s National Team

to compete with other national teams from all around the world at the highest level.

Other nations expected to feature in the tournament include Argentina, Australia, China, Germany, and Serbia.

Africa has been represented

by Angola and Tunisia at the tournament with Angola joining Slovenia as the only two teams that had won the tournament twice since its inception in 2005.

Tunisia finished third at the 2012 edition, while Angola has featured six times in the championship, with the Southern Africa nation winning it in 2008 and 2011.

Slovenia won it in 2007 and 2010.

Jamaican, British athletes arrive for Warri CAA Grand Prix

By Gowon Akpodonor S top athletes from Great A Britain, Jamaica and the United States (U.S.) arrive in Warri, Delta State today ahead of Friday’s CAA Golden Grand Prix, the government and people of Delta State have promised to make the visit a memorable one for the athletes.

An official of the Delta State Sports Commission said yesterday that the athletes would feel at home throughout their stay in Warri, adding that Governor Emmanuel

Uduaghan would be on hand to watch the event.

The Technical Director of the AFN, Navy Commodore Omatseye Nesiama, told The Guardian yesterday that the first set of foreign athletes are expected in Lagos today and would be moved to Warri immediately.

As the practice in other parts of the world, organisers of the meet (AFN) would only be responsible for local transportation, accommodation and feeding of the athletes within the country.

Nesiama stated that Great

Britain’s male sprinter Rion Pierre and Matthieu Pritchett of U.S. are among the foreign stars expected to participate in the Warri 2013 CAA Grand Prix.

Also expected are Ethiopia’s 5, 000m women runner, Almaz Ayana, Mauritius women long jumper, Ghiziana Siba and a male javelin thrower from Egypt, Ihab Abdul Rahman. There is Egyptian Mohammed Fathallah Deif Allah with a personal best of 8.19 meters in the long jump.

Some of the athletes to repre-

sent the country are long jumper, Stanley Gbagbeke, who has a personal best of 8.20 meters. He has to battle with other jumpers from Egypt, Uganda and Ghana.

Another Nigerian athlete, Samson Idiata, has a personal best of 7.98m and season best of 7.84m in the long jump.

Nesiama also stated yesterday that four lanes have been reserved for the best Nigerian athletes from the four legs of the AFN/Solid Works Golden League competition to run against the world best on Friday.

THE GUARDIAN, Tuesday, June 11, 2013

SPORTS 77

Table Tennis

Quadri inches closer to Portuguese league title

By Olalekan Okusan HE three years search for T title by Nigeria’s Aruna Quadri in the Portuguese table tennis league may be getting closer after the former African champion inspired GD Toledos to a 4-1 win over defending champion, Sporting Club in the first leg of the playoff final.

Quadri, who is playing in his third season in the European league has twice missed out from the title in the final and with his performance at the weekend; the 2012 London Olympian believes he would cuddle the diadem this season.

Playing at home to Sporting, Quadri started the onslaught

against the Andre Silva and he succeeded with a 3-1 to give Toledos a 1-0 lead. But Toledos’ lead was halted when Sporting’s Zheng Shun defeated Quadri’s teammate 3-0.

Toledos’ Diogo Silva restored the lead with an excellent win over Ricardo Oliveira, while the pairing of Quadri and Silva increased the lead when they overcame Sporting’s duo of Shun and Silva 3-0.

Like a true leader in the team, Quadri completed the rout with an outstanding win over Shun. Although the victory did not come without a hassle as Quadri was made to work hard for the win.

Narrating how he was able to surmount the Chinese, Quadri said, “I concluded and ended

Sporting hope of coming back into the game by winning Chinese-born Shun in a tough five sets, which ended 3-2 in my favour. I had to come from 2-0 down to overcome Shun. It was a tough match and the people Pico Island in Toledos were so excited for the victory.”

Despite the 4-1 win in the first leg, Quadri admitted, “it is not over yet until it is over because the second leg will be coming up next week in Lisbon, home of Sporting.”

Out of the 68 editions of the league, Sporting has won it 32 times with Toledos won it once in season 2010/2011.

The second leg of the final holds this Saturday at the Multisport Building of the Alvalade XXI Stadium in Lisbon.

iTry Rugby League is future of national team, says Promasidor HE Cowbell iTry Rugby T League for secondary schools in Lagos State, which enters the second stage with the launch of cluster B, holds the future of the Nigerian national team, Promasidor Nigeria Limited, maker of Cowbell Milk and a key sponsor of the tournament, has said.

Promasidor is in a partnership with Nigeria Rugby Football Federation (NRFF), which last year launched the coaching cluster aimed at

grooming future rugby stars and also support the game, a relatively unpopular sport in Nigeria.

Speaking at the Methodist High School, Victoria Island, Lagos, the venue of the Cluster B launch, the Managing Director, Promasidor, Keith Richards, said the company is driven by its dream to see the young stars it is grooming play for the Black Stallions-the Nigerian National rugby team.

Richards, who commended the efforts of the NRFF and also admitted that the kids showed promise in the game of rugby, believes that “if we continued with this level of commitment, we can achieve a lot.”

He enjoined the participating teams to uphold the spirit of commitment, passion and respect as playing with that spirit would not only be useful for the game of rugby but also in all spheres of life.

Zonal Head, Kano Access Bank, Abubakar Bello; UNICEF Nigeria Country Representative, Ms Jean Gough; Access Bank Group Head, Private Banking, Doyin Coker; Access Bank, Group Head, Commercial Banking Division, North, Speedwell Ngoka, presenting the $5million cheque to UNICEF’s Country Representative in Kaduna… at the weekend.

Auden Kangimi wins Access Bank/UNICEF Polo Charity Shield EW comers, Auden N Kangimi, at the weekend defeated ambitious Keffi Ponys

out following the exploits of the quartet of Babangida Hassan, Mancini Oscar, Diego in a tense final at the Fifth White and Musty Fashinro in Chukker field, Kaduna, to win Auden Kangimi colours to their first ever Access draw the victors level in the B a n k / U N I C E F fourth chukka.

International Polo The two rivals, who were eyeTournament’s Charity Shield. ing their first Charity shield Within three days of explo- title, gave the excited crowd sive battles, the four teams’ plenty to cheer for as the victohigh-goal showdown nar- ry pendulum swung from one rowed to two finalists with end to the other.

Auden Kangimi defeating the The decisive fifth chukka put hard fighting Keffi Ponys10-9 paid to Keffi’s ambition, as the in a closely fought final to home favourites, Kangimi clinch the glittering title. pulled ahead with inspiring Living up to its competitive display from Hassan, Fashinro tradition, this year’s Charity and White, who scored the last Shield final was a neck –to- goal to give Auden Kangimi a neck confrontation with Keffi deserved victory.

Ponys parading Aliyu Wadada, Access Bank/Fifth Chukker Hamisu Buba, Frankie team, who were eyeing their Menendez and Santiago fourth title as defending chamSernadas jumping to 3-1 lead in pions, could not make it to the the opening chukkas. final after losing 8-4 to Keffi But their lead soon fizzled Ponys in the semi-final stage,

while another new comer, MTN missed the final ticket on technical ground.

With a glittering shield and a whopping $20,000 winnerstake –all cash prize in their kitty, Kangimi were truly in their best elements, defeating a crack field of top professionals in the Access Bank/UNICEF Charity Polo extravaganza reputed as the biggest in the continent.

Earlier, Kano RTC had defeated Abuja Rubicon to win the coveted Access Bank Cup, while Work-to Ride from USA outpaced DeeBee Farms (2) to clinch their fourth UNICEF Cup title.

Proceeds from the prestigious annual tournament in addition to N5million donation from Access Bank Plc, would be used to support UNICEF in support of its campaign against HIV AIDS pandemic.

78

THE GUARDIAN, Tuesday, June 11, 2013

SPORTS

‘I damaged Spanish football by ending Barcelona’s dominance,’ says Mourinho OSE Mourinho has hit back JIniesta at accusations from Andres that he damaged Spanish football by claiming that he was made to suffer for being the coach who “ended Barcelona’s dominance” during his time at Real Madrid.

The Portuguese’s controversial three-year reign at the Bernabeu came to a close at the end of the season and the Spain star suggested that the 50-year-old left behind an unsavoury legacy in Spain.

But Mourinho reflected on his time at Madrid with fondness, having successfully halted Barca’s grip on La Liga in record-breaking fashion just a year ago.

“I damaged Spanish football by being the coach who ended Barcelona’s dominance. Real Madrid won in Barcelona, Real Madrid won the Copa del Rey, Real Madrid won the championship - a historical championship as it was the one of 100 points and 121 goals. I hurt them,” he said at his official unveiling as Chelsea manager.

“It was a fantastic time for me, reaching what I wanted to reach, which was three domestic titles. We couldn’t get the Champions League, though, which was an ambition. You never know what you are going to do.

“Before I arrived they hadn’t reached the quarter-finals for six years, and we reached the semis (in each of my three years). I can say with pride that I managed a big club like Madrid.”

Mourinho’s stint with Madrid was also overshadowed by a reported bust-up with Iker Casillas and while he refused to mention the goalkeeper directly, the 50year-old promoted the idea of picking teams based on

merit.

“I’m sorry but I played the players that I thought were best for the team. Of course I want good relationships with everybody, but I need a good relationship with myself and I need to be honest with

Chelsea football club’s new Manager, Jose Mourinho after a press conference at Stamford Bridge in London… yesterday. A reflective Jose Mourinho on Monday transformed himself into the “Happy One” as he embarked on his second spell in charge of Chelsea, outlining his hunger for fresh glory at the English Premier League side.

PHOTO: AFP

Nadal keeps Wimbledon hopes low RENCH Open champion, • Thrilled by ‘impossible’ win Fpreparations Rafael Nadal admits his for knee problems in February, to arrive in good shape to Wimbledon will be less than ideal.

The 27-year-old became the first man ever to win eight singles titles at one grand slam when he defeated fellow Spaniard David Ferrer 63 6-2 6-3 at Roland Garros on Sunday.

In 2008 and 2010 Nadal won both the French and Wimbledon but he played down his hopes of a repeat before he had even left Paris.

The Spaniard has pulled out of this week’s grasscourt event in Halle because he needs more time to recover from his physical exertions of the past few weeks.

The French Open was Nadal’s seventh title from the nine events he has played since returning from

and he lost in the final of the other two.

Last year the Spaniard suffered his earliest grand slam exit in seven years when he lost to Lukas Rosol in the second round at Wimbledon, and he will arrive at the All England Club having not played on grass since.

“I will check everything after here,” he said. “I will check all my body, and I really hope to be ready for Wimbledon.

“I won’t play a tournament before Wimbledon, so that’s not the ideal situation before a grand slam like Wimbledon that is on grass and the conditions are very different.

“It’s the tournament that is more unpredictable for that reason. But I am going to try

Wimbledon. And if not, I am going to look about the rest of the season.

“Because I’m in a good position, even if I don’t play a good Wimbledon. That doesn’t mean I am not going to try, because I am going to try 100 per cent to be ready for there and to play good tennis there.”

Nadal demonstrated once again that no one is more at home at Roland Garros than he as he won his 59th match out of 60, more than any other male player.

The third seed (he will drop to number five in the rankings despite the victory) also had to overcome the shock of a gay marriage protester leaping out of the crowd onto court holding a flare in the second set.

Samsung partners Usain Bolt to inspire youths AMSUNG Electronics West Bolt is renowned for his dreams and goals through SSamsung Africa, a subsidiary of extreme focus and speed, providing the guidance Electronics making him the ideal cham- needed to excel.

Company Limited, a global leader in consumer electronics and digital convergence technologies, has announced its partnership with the world global athletic icon, Usain Bolt in its bid to inspire youths across the globe.

The partnership was announced during the launch of NX300, the latest compact system camera (CSC) from Samsung.

pion for the NX300. The Camera promises an outstanding performance that rivals that the speed of the fastest man in the world.

Samsung is also working with Usain Bolt Foundation to provide photography equipment and lessons to aspiring young photographers.

Under the name ‘NX Junior Photographer,’ Samsung will help them to achieve their

Managing Director, Samsung Electronics West Africa (SEWA), Brovo Kim said that the multiple Olympic gold medallist and owner of three world records, Usain Bolt is widely acknowledged as the best in his class and the partnership with Samsung will showcase the parallels between Bolt’s exceptional status and the features of the NX300, through a host of exciting

THE GUARDIAN, Tuesday, June 11, 2013

79

TheGuardian

Tuesday, June 11, 2013

Conscience, Nurtured by Truth

By Don Okereke NE of our banes in Nigeria is the frequency of O policy somersault and a culture of ogas-at-thetop willy-nilly ramming down wishy-washy ideas into the throat of hapless citizens. When it suits the establishment, a moribund paper-tiger law is resuscitated to validate their posturing. Coercion, intimidation, raw use of power, fire-brigade approach and buck-passing have become a way of life in Nigeria. People no longer take responsibility for their failings.

Successive military administrations perfected and entrenched this culture and it does not seem to be swiftly waning under our hyped democracy. One Administration bans toll gates or police on road blocks, another comes and lifts the ban, and the ding-dong continues. During the military era, the military establishments randomly clamped down on vehicles with tinted glasses, black-coloured, and green-coloured cars. As usual Nigerians were told that the step would curtail insecurity.

Sometime in 2011, the Federal Government barred even the Chief Justice (CJN), ministers and service chiefs from using vehicles with tinted glasses. Only the President, Vice-President, Senate President, Deputy Senate President, the Speaker of the House of Representatives, Deputy Speaker and Governors were allowed to use vehicles with tinted glasses.

The irony in Nigeria is that the so-called law enforcement agents that are supposed to enforce these laws are the same people that contravene the law. In Nigeria, having a sticker on your car that reads something like, ‘’GALANT MOPOL’’ gives you free passage when other vehicles are flagged down or are being searched by the Police. No wonder Nigerians flaunt their affiliations with reckless abandon. Take a nose count of the cars plying Nigerian roads and you will see all sorts of stickers that affiliate the owner or occupant of the vehicle with one government (preferably military) establishment or the other. Pastors are not left out; you will see a ‘’CLERGY’’ sticker on their vehicles. This indirectly tells the Police not to expect a bribe.

Not too long ago, we were told that the police hierarchy is bent on withdrawing all police officers guarding private individuals and organisations.

Please, can the police high command confirm that this has been done? It is an open secret in Nigeria that (Mobile) Police protection in Nigeria is for the highest bidder.

Some time ago, the Federal Road Safety Commission (FRSC) came up with this idea of changing the current Car Number Plates. As usual, it was hastily conceived and deadline for compliance was announced. It took the intervention of the Senate to save the situation.

The Central Bank introduced polymer currency notes a few years ago, now they want to revert to paper notes.

The SIM Card registration was also rammed into the throat of Nigerians as if it was an emergency.

We were told SIM Card registration is the magic wand to the myriads of security challenges like kidnapping etc bedeviling Nigeria. This is a typical example of our fire brigade approach to issues. As usual, dissenting opinion and constructive criticisms were jettisoned. The exercise witnessed long queues as if money was been doled out to people.

This white elephant project gulped about N6 billion. Several months after the SIM Card registration exercise, kidnappers are still having a field day and getting their ransom.

Now the latest scapegoat for the unprecedented insecurity and terrorist incidents in Nigeria is the use of tinted glasses on vehicles. Hence the new kid on the bloc being bandied by the Police Authorities as the panacea to our security challenges is to increase the paper-tiger bureaucracy in obtaining a permit to drive vehicles with tinted glasses. Since there is still a provision for people to apply for and obtain a ‘Glass Tint Permit’, what the Police authorities have just succeeded in doing is to heighten paper work and invariably corruption because some unscrupulous police officers will harp on this to extort money from hapless car owners. This means that those (criminals inclusive) hell-bent on using tinted glasses can still go through the protocol, grease palms if need be and get the approval. So what is all these hullaballoo from the Police as if imposing this bottleneck will dissuade resolute criminally-minded would-be tinted glass users?

The Police spokesman, Mr. Frank Mba, cites two outmoded and rubber-stamped laws to rationalise the position of the police. They are: ‘’Regulation 66(2) of the National Traffic Regulations (1997)’’ and the ‘’Motor Vehicles (Prohibition of Tinted Glasses) Act’’ as the enabling laws backing the IG’s action.

The first law provides that “all glasses fitted to a vehicle shall be clear and transparent to enable persons outside the vehicle to see whoever is inside,” the second forbids vehicle glass fittings to be tinted or shaded or coloured even lightly.

Tinting vehicle glasses is not a Nigerian practice.

World over, various degrees of tint are permissible in cars. Scientific research buttresses the benefits of a tinted glass to include: protecting occupants against ultraviolet sun rays; saving the upholstery lifespan of cars by up to 60 per cent. Experts also contend that a tinted glass reduces the risk of injury in case of a crash involving breakage of glass because tinted glass is more cohesive and will not fall apart easily. In the United States, the tint limits

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Ban on tinted vehicle diversionary, reactionary

Tinted car range between 24 per cent and 75 per cent VLT, a lower percentage denotes less light transmittance and darker tint. In the United Kingdom, the best practice provides that a front windscreen must allow at least 75 per cent of light through and the front side windows 70 per cent. In India, vehicles with tinted glass that allows 70 per cent visual light transmission for safety glass on front and rear windscreen and 40 per cent VLT for side glass are permitted. In the United States, the degree of tint is measured with an instrument.

It is preposterous to ask a vehicle owner to remove a low shade factory-fitted tinted glass on his car. Nigeria does not manufacture cars.

All our vehicle assembly plants are virtually dead due to government policies and corruption by its officials, and as a result of government functionaries not living by example.

Senior government functionaries are exempted by the ban. Were their cars, all with high degree of tint, manufactured by car assembly plants in Nigeria? Are we to ask that cars coming to Nigeria be specially manufactured such that they differ from what are used worldwide? The government functionaries who are exempted from the ban are the same people charged with protecting Nigerians from insecurity that has overtaken the land. They protect themselves with absolutely opaque glasses but do not care to expose Nigerians to the same insecurity against which they protect themselves. One hopes that our human rights organisations and the Press will take this battle up seriously in the interest of equality of all citizens and justice before the law. We cannot have two sets of citizens in the country.

What is unjust about it all, as The Guardian editorial on the subject pointed out, is that the Nigerian Customs collect special charges at the ports for every car with tinted glasses imported into Nigeria. In other words, one agency of government is happy charging Nigerians for cars with tinted glasses while another agency of government punishes them for bringing in the cars by banning them, and yet monies collected at the ports are not refunded. Can anything be more pernicious?

May I humbly implore the Police image maker, Mr. Frank Mba, to give us the statistics of total crimes/terrorist incidents committed in Nigeria and the precise percentage of those that the culprits used vehicles with tinted glasses. I am wondering if the so-called ‘’Ombatse Cult’’ folks that killed Police officers recently in Nasarawa State were on a vehicles with tinted glasses? Is it the use of tinted glasses that left the Police College Ikeja in a state of disrepair? Does the fact that somebody somewhere murders another with a knife justify an outright ban on the use of knives even though doctors can also use ‘knives’ for surgery and to save lives? Do we also outrightly ban the use of Motor bikes (Okada) simply because some people use it to rob or commit crimes. The police should not make this issue look like they are bereft of ideas on how to combat insecurity.

Try as I can, I still struggle to reconcile myself with, and rationalise, the position of the Nigeria Police hierarchy on this matter. Let’s reason from the ambit of common-sense. It is only a dilettantish criminal/terrorist that invites undue attention. Does a criminal or terrorist also need a tinted vehicle to drive or move about at night?

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ABC (ISSN NO 0189-5125)

A streetwise criminal or terrorist will rather keep a low profile; drive a car that will not attract undue ‘publicity’ or attention. While I sojourned outside the shores of Nigeria, I came across street-smart wheeler dealers, who could afford a Range Rover Vogue if they wished but they preferred to go on public transport. One of UK’s jailed biggest drug barons, Lincoln White, was described as an unassuming middle class guy who drove a Peugeot 205.

Imagine a guy with a £200 million drug empire driving a car of say £5,000. Many of these so-called bad guys are well-informed, they know what Law Enforcement Agents are looking out for. They will rather use an old Nokia 3310 than use the latest iPhone or Galaxy S4 that is embedded with a Global Positioning (GPS) Tracking System even though they can afford the latter. So why do we stand an argument on its head?

Rather than all these window dressing and shadow chasing, let us dwell on the nitty-gritty. In 2012, out of a total Federal budget of N4.7 trillion, N320 billion and N349 billion were respectively allocated to the Police and Defence. In 2013, out of the N4.9 trillion federal budgets, Police got N319.65 billion while Defence got N348.91 billion. The foregoing represents a major chunk of the 2012 and 2013 budgets. What have they done with all these monies?

Perhaps the Police authorities should Google for and glean a few suggestions and ideas from these my articles, ‘’Recommendations for a Sweeping Police Reform in Nigeria’’ and ‘’Social Media and State-OfThe-Art Technology: Viable Tools to Combat Insecurity and Terrorism’’.

Advances in Information and Communication Technology (ICT) have revolutionised the concept of policing. In most advanced countries of the world, rather than brandishing archaic Ak47 rifles, it is common to see Police officers armed with Palmtops, Tablet PC’s, and latest telecommunication gadgets on their bits with which they relay information to their respective offices in real time.

I hereby make a case for the provision of inter alia, Automatic Number Plate Recognition Systems for the Nigeria Police, the Federal Road Safety Commission and other sister agencies. With a comprehensive database of registered drivers and convicted ex-felons, law enforcement agents can still solve the riddle when a vehicle is involved in a crime whether the glass is tinted or not. Running a scan check on an individual involved with a minor traffic incident can unwittingly lead to him or her been arrested for other serious offences that the culprit may have committed before. With advances in military technology-Kevlar, airborne lasers, antimatter weapons, case-less ammunition, electromagnetic weapons, and particle beam weapons, I shudder each time I see our Police officers struggling to move swiftly with their ‘’heavyweight’’ bullet proof vests.

In a country like Nigeria with a Population of about 160 million people and a Police force of about 1.2 million officers and men, there is no doubt that Nigeria is grossly under policed. This falls short of the United Nations recommendation of Police to People ratio of 1:450. It follows that the Nigeria Police is over-stretched and overwhelmed.

These are some of the serious issues that must be addressed.

Nigerians have been unanimous in calling for this police position to be jettisoned. A Bill seeking to unban use of factory tinted glass has passed a crucial second reading in Senate. The sponsor of the bill, Senator Ita Enang (Akwa Ibom North East), opines that initiating the bill is imperative in view of the incessant harassment of motorists who use tinted glasses, saying if the security agencies do not want Nigerians to use vehicles with tinted glasses, the best they can do is to completely prohibit the entry of such vehicles into the country.

According to Enang, ‘’It falls short of reason to ask persons who buy tinted glasses to go and remove them when it is common knowledge that the factory which produced such vehicles do not exist in Nigeria’’.

He also faulted the move by the police to compel people to obtain permit before they can use their vehicles with tinted glasses.

According to a Guardian Newspaper editorial on ‘The ban on tinted vehicle glasses’, ‘’The Inspector General of Police is right to adopt all useful means in fighting crime. The law banning appropriatelytinted vehicle glasses is not one of those useful laws. Let useless laws go!’’

While we profoundly appreciate the sacrifices of the officers and men of Nigeria’s security agencies and the onerous task and inherent risk of law enforcement in Nigeria, we implore them to be less pugnacious, more proactive and invest more resources in intelligence gathering so as to nip insecurity and terrorism in the bud.

I am a staunch advocate and disciple of superior reason. So what is your take, Is the prohibition of tinted vehicle glasses the magic wand that will curb the unprecedented insecurity bedeviling Nigeria? Are there not much more dire security challenges in Nigeria than hounding innocent people whose only crime was to have bought vehicles with tinted glasses? The ban on tinted vehicle glasses is to say the least, diversionary and reactionary.

• Okereke is a security analyst and consultant in Abuja.