Tuesday 05 Mar 2013 The Guardian Nigeria by The Guardian Newspaper

TheGuardian Conscience, Nurtured by Truth

Tuesday, March 5, 2013

Vol. 29, No. 12,486

www.ngrguardiannews.com

First documented HIV cure case excites scientists

By Chukwuma Muanya (with agency report)

IGERIAN scientists are cauN tiously excited over a medical feat performed by United States (U.S.) doctors through the first ‘functional cure’ of an unnamed two-year-old girl born with the Human Immuno-deficiency Virus (HIV). Meanwhile, AIDS experts have cautioned against hype of a cure. . While cautiously optimistic, experts stressed that much remained unclear –including whether this may have been a freak result. The treatment of the girl who now needs no medication after an early treatment with antiretroviral drugs (ARVs), started 30 hours after birth. The Guardian, however, learnt that Nigerian children might not be able to benefit yet because of late diagnosis and treatment of children born with HIV in the country. It was learnt that the earliest children are tested for HIV in Nigeria is six months and treatment does not start until after diagnosis; and there is no paediatric ARV for treating HIV positive children less than one year in the country.

• Late diagnosis, treatment hamper chances for Nigerian kid • Experts urge caution, seek further study

The U.S. researchers on Sunday night reported that a baby girl in Mississippi who was born with HIV that causes Acquired Immune Deficiency Syndrome (AIDS) has been cured after a very early treatment with standard drug therapy. They, however, said more testing should be done to see if the treatment would have the same effect with other children. But the Director-General of the National Agency for the Control of AIDS (NACA), Prof. John Idoko, and the President of the Nigerian Academy of Science (NAS), Prof. Oyewale Tomori, told The Guardian yesterday that the results could change the way high-risk babies are treated and possibly lead to a cure for children with HIV. Idoko said: “We are all excited about the report. This supports our position that early treatment is key. It is wonderful but we got to be cautious. We need more evidence. It is

possible. If it is possible, it is a big lesson. We need more evidence so that we will be able to replicate it in other HIV positive babies and persons. “So, we should treat early because when we do, we can destroy the reservoir that perpetuates HIV replication. There has been delay about treating children early but with this report, we have to start treatment immediately after diagnosis. But unfortunately the diagnosis is usually made late and some of the paediatric drugs are not used early. Diagnosis is usually late and treatment starts late.” Tomori said if the report was confirmed, the child born in Mississippi would be only the second well-documented case of a cure in the world. According to him, the researchers cautioned that the report on the baby girl involves just one patient, and the findings appear to have little immediate relevance to people who contract HIV as

adults or adolescents and are almost always diagnosed and treated long after their initial infection. Tomori further explained: “It is clear that this single case does not alter previous knowledge and information about curing AIDS, especially in adults with well-established AIDS. Remember, this was a case treated early and treated aggressively. “There is need for caution... how long will the child remain ‘cured’ without treatment? What is the long-term effect of the aggressive treatment on the development of the child? These are questions that only time will answer.” As to what Nigerian researchers can do to benefit, he said: “The issue is not that of Nigerian researchers alone. We need to improve the research environment at home, through provision of better clinical and laboratory facilities, and our researchers must collaborate with researchers

in other parts of the world, where better facilities and conducive research environment exist.” Meanwhile, scientists at Melbourne’s Alfred Hospital and Monash University yesterday said they hope a world-first treatment for HIV could lead to a cure for the virus. Researchers said they had used a cancer drug to wake up dormant HIV from its genetic hiding place, making it more susceptible to treatment. Sharon Lewin, the Alfred Hospital’s director of infectious diseases, says 20 patients are taking part in a trial. “The next step is to follow what happens to those viruses once they’ve been woken up,” she said. Lewin said researches hoped the discovery could eventually lead to a cure for the virus. Also, a study published this week in Science has confirmed the urgent need for rapid and wide-scale roll-out of antiretroviral therapy to communities which have been most affected by the epidemic. The study, led by Prof. Frank

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Dangote remains Africa’s richest man - Page 6

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Write a book on civil war, Akinkugbe tells Gowon • Says why he likes Soyinka, Obasanjo • Explains focus on ex-president in book By Martins Oloja, Editor WILL tell him. I will tell “I Gen. Yakubu Gowon to document the civil war years in a book. Oh yes, the civil war years should be chronicled by him as a major actor. I will tell him. There have been so many accounts by some actors. There have been documentations by Prof. Ade Ajayi, Afikpo, the late Gabriel Olusanya and others but a book by Gen. Gowon will certainly make some difference…I will tell him to write his own account…Gowon was in Sandhurst while I was in medical school in London. I will tell him…He has to do it…” With these words at the weekend in Ibadan, Prof. Oladipo Akinkugbe explained why he had to co-ordinate what he calls “dispassionate account” of former President Olusegun Obasanjo’s eight years inside Aso Villa that will be launched today in Abeokuta. An emeritus professor at the University of Ibadan, Akinkugbe told The Guardian in his Ibadan home at the weekend that there should be many accounts of stewardship, various documentations of the many issues that con-

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THE GUARDIAN, Tuesday, March 5, 2013

News Slain Kwara Police Commissioner APGA mourns, decries security agencies’ aloofness From Leo Sobechi, Abakaliki ITING hopelessness, the All Progressives Grand Alliance, (APGA) has condemned the killing of Kwara State Police Commissioner, Chinweike Asadu, recalling with dismay that despite the sad incident, there was no noticeable security alertness in and around Enugu on the very day the dastardly act was committed. In a statement signed by the party’s interim acting Publicity Secretary, Mr. Bernard Akoma, APGA noted that “when the life of a people faces serious threat, the safety valves of such a group is often entrusted in the hands of its security agents” wondering what happened to ordinary citizens when such a high profile cop could be gunned down without challenge. APGA contended that since the Police Commissioner enjoyed the protection of his colleagues once he was out of his area of jurisdiction, the murder of Asadu sends so many wrong signals especially regarding what went wrong to warrant the easy slaughter of the top police officer.

PDP incapable of providing security, says ANPP From Adamu Abuh, Abuja, UR great party ponders, if a top level law enforcement officer could be mowed down in such a manner, what then is the fate of the ordinary citizen or the low ranking officer out there in the street?” In these words, the All Nigerian People’s Party (ANPP), expressed sadness over the way and manner the Kwara State Police Commissioner, Mr. Chinwike Asadu was gunned down last

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weekend by unknown gunmen in his Enugu hometown. The ANPP, in a statement by its National Publicity Secretary, Mr. Emma Eneukwu, said that with this sort of incidence occurring on regular basis, it had become evident that the ruling Peoples Democratic Party (PDP) can’t provide the panacea to the appalling security situation in the polity. It noted: “And the answer is manifest, to the effect that

this PDP government has failed in the cardinal duty it owes the citizens of this great country with whom it has a social contract: That of security. “This bizarre development is another pointer that the PDP led Federal Government has failed in securing the lives and properties of the ordinary Nigerian, which is the paramount duty it owes the citizens of this great nation. We vehemently condemn this atrocious murder; it is a

reprehensible action, which ought to belong only to the imaginative plots of thriller movies. “In recent times, Nigeria has been enmeshed in several unsolved mysterious deaths perpetrated by so-called unknown gunmen; thereby making our streets dreadful and our hinterlands theatres of crime. However, the murder of a serving police commissioner is as bloodcurdling as it is weird.” The ANPP, therefore,

enjoined the Federal Government, the Nigeria Police and other law enforcement agencies, not to leave any stone unturned in thoroughly solving the mystery behind this heinous murder. Continuing, the ANPP stated: “Surely, this is the time to muster all forensic resources, and new technologies to ensure that the nomenclature of ‘unknown gunmen’ is permanently deleted from our national lexicon, and collective consciousness.

Afenifere wants summit over insecurity the growing FtheOLLOWING insecurity in the country, Yoruba socio-cultural and political organisation, Afenifere, yesterday called for the immediate convocation of a national security summit. In a statement, the group’s National Publicity Secretary, Yinka Odumakin, said the proposed summit would bring leaders and stakeholders together from across the country to brainstorm on the cause(s) of the virtual security collapse in the country and proffer solutions to them. Odumakin noted that the suggested summit should be a prelude to a national conference that would address the structures of Nigeria in a way that the constituent units can live peaceably within a proper federation built on justice, equity and fair play. He added that this was the irreducible minimum to stop the drift going on. He added: “The deteriorating security situation in Nigeria and the seeming official indifference by the leadership is quite worrying to Afenifere. Former Minister of Defence, Gen. Theophilus Danjuma, on Saturday raised an alarm that the northern part of Nigeria is in the “middle of a civil war”. Within 48 hours after Danjuma’s declaration, the Kwara State Police Commissioner, Mr. Chinwike Asadu, was gunned down in his home state of Enugu while 22 people were killed in Borno State in an attempt to take over an Army Barracks by members of Boko Haram sect.

President Goodluck Jonathan (right) in a handshake with the Commonwealth Secretary-General, Kamalesh Sharma during his visit in Abuja …yesterday.

STATE HOUSE PHOTO

ACN condemns murder, deplores insecurity ORE reactions have conM tinued to trail the gruesome murder of the Kwara State Commissioner of Police, Mr. Chinwike Asadu, by yet unknown gunmen, as Action Congress of Nigeria (ACN) expressed shock and sadness over the incident, saying the death reinforces the belief in certain circles that Nigeria was fast becoming a failed state.

In a statement in Lagos yesterday by its National Publicity Secretary, Lai Mohammed, the party said if such a high-ranking security officer could be so cheaply gunned down, then no one is safe! It called on the police high command to ensure that the killers were caught and brought to justice, to prevent a recurrence. ACN said it was imperative to

catch the perpetrators and bring the full weight of the law to bear on them because nothing portrayed a nation as a failed state more than when security agents, on whose shoulders lie the responsibility of protecting lives and property, themselves become easy targets for criminals. ‘’Because of their onerous tasks, the police personnel and other security agents

deserve a reinforced level of security. They need to be alive and well before they can protect the lives and property of others. That is why one of the indices of a failed state is anarchy, which starts when security agents become targets of attacks and criminal elements overwhelm state security apparatus. ‘’Attacks on police and mili-

tary formations; killing of security agents, out-of-control armed robbery and pervasive kidnapping, just to mention a few of the security challenges facing our nation, are pointers to the fact that our country is fast becoming a failed state, irrespective of what government apologists may say or the spin they may put on things.

Enugu places N10m ransom on killers From Lawrence Njoku, Enugu OVERNOR Sullivan Chime G of Enugu State yesterday announced a N10 million reward for anybody that could volunteer information that could lead to the arrest of those behind last Saturday’s killing of the Kwara State Commissioner of Police, Chinwike Asadu in Enugu. Speaking when he paid a condolence visit to the residence of the deceased police

commissioner, Chime described the incident as a big embarrassment to not only the police but also the country at large. “This is most embarrassing not just to the police, but to the nation. For a senior police officer to be killed in such a manner, to me is quite unfortunate and the state government has decided to take a position on this in order to show the seriousness of what has happened, it has followed a pattern. What they do now

is to follow and kill people with escorts; they kill and collect the guns of their victims. I think it has taken a pattern. So we are paying a ransom of N10 million for anybody that will give us information that will lead to the arrest of the culprits to show the seriousness. It’s quite embarrassing. While noting that the state would provide all necessary assistance to security agencies in the country to ensure that the killers of the commissioner of police were tracked

down and brought to book, the governor described the killing as shocking and dastardly, adding that no effort will be spared to fish out the culprits. He expressed regret that Asadu, who was an indigene of Enugu State, suffered such a cruel fate after many years of dedicated service to the nation. He added that the development was even more disheartening as Asadu was close to retirement from service when he was murdered. Chime extended his condo-

lences to the Inspector General of Police, the family of the deceased Police Commissioner and the government and people of Kwara State, assuring them that the people of Enugu State shared their grief and outrage over the unfortunate incident. He further disclosed that his government would be well disposed to assist the family in whichever way to further ameliorate the pains that the killing of CP would cause them.

THE GUARDIAN, Tuesday, March 5, 2013

6 NEWS

Boom for Nigerian aviation fuel sellers as scarcity hits Ghana By Wole Shadare (with agency reports) carriers have fallFingenOREIGN back on Nigeria followthe shortage of aviation fuel, otherwise known as Jet A1, in Ghana. Most of the carriers were those from Europe and the United States (U.S.), as they now stop over to refuel in the

country despite its huge cost. Although the Ghanaian government is trying to offer explanation for the shortage of aviation fuel in the country, airlines have had to depend on supplies from Togo, Cote d’Ivoire and Nigeria, according to a Ghana web report. According to the report, the situation has taken a heavy toll on some domestic trav-

ellers in Ghana whose flights have been cancelled. This is because domestic airlines have had to surcharge GH¢15 on each ticket in order to make up for extra costs incurred from the shortage crisis. Currently, the product is transported into the country by road from Togo, Cote d’Ivoire and Nigeria, the

Ghana web reported. Nigerian aviation experts said the situation usually occurred from time to time, adding that Nigerian airlines had also depended on Ghana in the past whenever there was shortage in the country. Aviation expert and Managing Director, Belujane Konzult, Mr. Chris Aligbe, said the current develop-

ment would benefit Nigerian oil marketers only, noting that the situation would ease out in ‘few days’ The development is however biting hard on domestic travellers in Ghana. Some travellers, who arrived in Ghana from the sub-region, realised that their luggage had been left behind when they got to the Kotoka

Document civil war years in book, Akinkugbe tells Gowon lifeblood of progress. A nation that has no controversy is not progressing…look at the tale of two Koreas: there are always controversies around them. America is the most controversial…China? I have to do this because I have two great friends: Wole Soyinka, a famous intellectual, a Nobel laureate, my classmate in a high school…and Obasanjo. Some of you think Obasanjo is not a professor: He is quite intelligent; very strong upstairs. Both are strong characters. They also don’t suffer fools gladly. I respect them and follow them. They both have their virtues…” The book’s chief editor and former Vice Chancellor, Ahmadu Bello University, Zaria and University of Ilorin, disclosed that to maintain sanctity of the book’s writing process, “Obasanjo was not allowed to see the manuscripts except the figures we crosschecked with him in about two cases. No, we did not allow him to read the manuscripts… He has no input in the two volumes…” The visiting professor of medicine at Harvard, Oxford and His words: “Controversy is the Cape Town told The Guardian that “there are many sides to conversations on Obasanjo’s eight years in Abuja but there is some totality you can find in the two volumes. They are

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front the country. His words: “There have been so many issues people sweep under the carpet. Sometimes, some actors tell lies and distort facts about many controversial issues. That is why we had to organise these 20 credible men who cannot be influenced to write on the Obasanjo years we have entitled, Olusegun Obasanjo: The Presidential Legacy 1999-2007. The writers, including Chief Emeka Anyaoku, Bishop Hassan Matthew Kukah, Dr. Goke Adegoroye, Prof. Akin Mabogunje, Gen. Martin L. Agwai and Prof. Peter Okebukola, are not people that can be pushed around to write just anything to satisfy personal interests…” In response to a question on why he had to do a book on Obasanjo, who constantly sets off controversies in the media, Akinkugbe, 79, who obtained his doctorate in medicine from London, and in philosophy from Oxford, told The Guardian that he had to do the book to be presented to the public today because controversy itself cannot be divorced from progress.

Oshiomhole greets new editors of The Guardian, mourns Ogbodo

OVERNOR Adams Oshiomhole of Edo State has congratulated the newly-promoted Editors of The Guardian newspapers, saying their elevation is a testament to their hard work and dedication to duty. He also condoled with the management and members of staff of The Guardian on the death of their Assistant Political Editor, Mr. John-Abba Ogbodo, who died in an auto crash last week. In a statement by his Chief Press Secretary, Mr. Peter Okhiria, Oshiomhole said: “I congratulate Abraham Ogbodo, Julius Eto, Jewell Dafinone, Alabi Williams, Taiwo Akerele, Ehichioya Ezomon, Paul Onomuakpokpo, Nnamdi Inyama, Emmanuel Nwagboniwe and others found worthy of elevation by The Guardian. “Your appointments are certainly well-merited and are no doubt a testament to your hard work, dedication to duty, and an indication to the very high level of confidence you command in the industry. “The challenges of re-energising The Guardian to maintain its leading role as the flagship of the Nigerian press are enormous, I am however convinced that you have what it takes, working closely together, to give quality leadership and justify the confidence reposed in you. “While the challenge before you is enormous, I am convinced that you have the appropriate combination of skills, exposure, competence and experience to make a qualitative difference.”

not a praise-and-worship session as I said to you. Even the contribution by Chief Anyaoku contains some critical elements on the alleged flaws of some elections conducted in Obasanjo’s

time…There are many other criticisms of the administration. But all told, you will find some balanced diet in our modest effort. It is an intellectual exercise. It is not pedestrian as some may feel…”

The book of 20 chapters will be launched in Abeokuta today in Abeokuta and sources said last night that it will be reviewed by former governor of Cross River State, Chief Donald Duke.

International Airport, according to Ghana web. Instead of packing the luggage onto the aircraft, the airlines decided to fill the aircraft’s fuel tank above the required limit in order to ward off a shortage. In the process, luggage are transported later in the day delaying the passengers at the airport by close to five hours. A Ghanaian aviation analyst has condemned the situation, saying it could push airline operators to short-change passengers. He added that operators could adopt common pricing under the current circumstances. According to him, competition is key in the industry.

Governor Ibikunle Amosun of Ogun State (right); Visiting Vatican Ambassador to Nigeria, Most Rev. Augustine Kasujja and the state Deputy Governor, Segun Adesegun, during a courtesy visit by the cleric to the governor in Abeokuta… yesterday.

Late HIV diagnosis, treatment hamper chances for Nigerian child CONTINUED FROM PAGE 1 Tanser from the Africa Centre, spanned a seven-year period (2004-2011), and followed nearly 17,000 people, the largest ever study completed at a population-level in a rural sub-Saharan African setting. Meanwhile, besides the U.S. report, the only other documented case of an HIV cure to date remains that of Timothy Brown, the so-called “Berlin patient.” In 2006, while on treatment for HIV, Brown was diagnosed with leukemia. His physician was able to treat his leukemia with a stem-cell transplant from a person who was born with a genetic mutation causing immunity to HIV infection. Following the transplant, Brown was able to stop HIV treatment without experiencing a return of his HIV disease. This new case points to the tantalising possibility that different populations of HIV-positive people might be cured in different ways. While Brown’s case was the outcome of a complex, high-risk, and expensive series of procedures, this new case appears to have been the direct result of a comparatively inexpensive course of anti-retroviral therapy. The infant described in the U.S. report underwent remission of HIV infection after receiving anti-retroviral therapy (ART) within 30 hours of birth. The investigators say the prompt administration of antiviral treatment likely led to

this infant’s cure by halting the formation of hard-to-treat viral reservoirs dormant cells responsible for reigniting the infection in most HIV patients within weeks of stopping therapy. The researchers said prompt antiviral therapy in newborns that begins within days of exposure might help infants clear the virus and achieve long-term remission without life-long treatment by preventing such viral hide-outs from forming in the first place. The researchers said they believe this was precisely what happened in the child described in the report. That infant is now deemed “functionally cured,” a condition that occurs when a patient achieves and maintains long-term viral remission without life-long treatment and standard clinical tests fail to detect HIV replication in the blood. In contrast to a sterilizing cure - a complete eradication of all viral traces from the body - a functional cure occurs when viral presence is so minimal, it remains undetectable by standard clinical tests, yet discernible by ultrasensitive methods. The child described in the current report was born to an HIVinfected mother and received combination antiretroviral treatment beginning 30 hours after birth. A series of tests showed progressively diminishing viral presence in the infant’s blood, until it reached

undetectable levels 29 days after birth. The infant remained on ARVs until 18 months of age, at which point the child was lost to follow-up for a while and, the researchers say, stopped treatment. Ten months after discontinuation of treatment, the child underwent repeated standard blood tests, none of which detected HIV presence in the blood. Test for HIV-specific antibodies -the standard clinical indicator of HIV infection -also remained negative throughout. Currently, high-risk newborns - those born to mothers with poorly controlled infections or whose mothers’ HIV

status is discovered around the time of delivery - receive a combination of ARVs at prophylactic doses to prevent infection for six weeks and start therapeutic doses if and once infection is diagnosed. But this particular case, the investigators say, may change the current practice because it highlights the curative potential of very early antiretroviral therapy (ART). The investigators caution they do not have enough data to recommend change right now to the current practice of treating high-risk infants with prophylactic, rather than therapeutic, doses but the infant’s case provides the rationale to start proof-of-

principle studies in all highrisk newborns. The new model announced by the Global Fund will focus on countries with high disease burden and low resources, allowing the Global Fund to support the countries with the most serious epidemics and least ability to pay. “The world needs to see this as a proof of concept, but we are not anywhere near implementation” of similar treatment for all newborns at risk, said Harry Moultrie, a paediatric HIV researcher at the University of the Witwatersrand in South Africa, which has a high share of infants born HIV-positive.

Dangote remains Africa’s richest man • Slim, Gates top Forbes’ world wealthiest billionaires IGERIAN business tycoon, N Aliko Dangote, with a net worth of $16.1 billion as at last month, retained his position as Africa’s richest man for the third consecutive year while ranking 43rd globally. Dangote started building his fortune over three decades ago when he began trading in commodities like cement, flour and sugar with a loan he received from his maternal uncle. Also, Mexican tycoon, Carlos Slim, Microsoft’s Bill Gates and Zara fashion house owner, Amancio Ortega of Spain, were yesterday announced as topping the Forbes list of the

world’s wealthiest billionaires. According to reports by Agence France Presse (AFP) and Reuters, Slim, who controls Latin American telecommunications firm, America Movil, and retail/industrial group, Grupo Carso, came in first among the mega-rich for the fourth straight year, with a fortune estimated at $73 billion, up $4 billion from a year ago. Microsoft Chairman, Gates, a perennial top finisher in the list, placed second with $67 billion, up $8 billion from 2012. Ortega, whose Inditex fashion group includes the popular Zara chain, vaulted from the

seventh position into the third spot. His wealth is now estimated at $57 billion, rocketing from $31 billion a year ago. Berkshire Hathaway’s Warren Buffett ranked fourth with $53.5 billion, while Oracle’s Larry Ellison is fifth with $43 billion. Asia’s richest man, Li Kashing, came eighth with $31 billion. He owes his fortune to his sprawling transportation, trading and energy businesses. Forbes’s 2013 list of the world’s richest people includes 1,426 billionaires, a record number, with a total net worth of $5.4 trillion, up from $4.6 trillion in the previous ranking.

THE GUARDIAN, Tuesday, March 5, 2013

NEWS 7

Court strikes out Jonathan’s name from fuel subsidy protest suit By Joseph Onyekwere USTICE Yemi Candide-Johnson of the Lagos High Court, Igbosere, yesterday struck out the name of President Goodluck Jonathan from a suit filed against him by the Nigerian Bar Association (NBA), Lagos Branch, over the deployment of armed soldiers in Lagos State during the fuel subsidy protest in 2012. The judge struck out the President’s name from the list of defendants in the suit after the NBA applied that the name be withdrawn. The N100 million suit was filed by NBA Chairman, Taiwo Taiwo, its Secretary, Alex Muoka, and human rights activist, Ebun-Olu Adegboruwa.

A cross-section of Action Congress of Nigeria (ACN) Liberation Movement members during a peaceful protest in Ibadan… yesterday. PHOTO: NAJEEM RAHEEM

Pensions fraud convict, Yusufu, slumps in court

CPC seeks trial of Obasanjo over Odi, Zaki Biam killings

From Lemmy Ughegbe, Abuja

From Ezeocha Nzeh, Abuja

ORMER Police pensions boss who was convicted for stealing over N23 billion, Mr. John Yahaya Yusufu, yesterday slumped at the Federal High Court while standing trial on charges of alleged false declaration of assets. Trouble started when EFCC counsel, Mr. Rotimi Jacobs (SAN), called prosecution’s first witness, a civil servant working with the anti-graft agency under Asset Forfeiture and Tax Investigation Unit, Mr. Mustapha Sani to the stand for his testimony. But as soon as Sani started giving his evidence, Yusufu, who had been standing in the dock, started trembling, causing his lawyer to apply that the court allowed him to sit down. But as the accused made for the chair inside the dock, he suddenly slumped. His lawyer and prison officials who had brought him to court from Kuje Prison rushed to him and assisted him to the chair. At this juncture, Justice Adamu Bello held that the accused was not fit to continue with the trial and adjourned the trial to April 22. The court also ordered that Yusufu be granted access to his personal physician.

ITING the need for justice, C the Congress for Progressive Change (CPC) yesterday

urged the arraignment of former President Olusegun Obasanjo over the 1999 and 2001 military killings at Odi and Zaki Biam. The opposition party alleged that Obasanjo was responsible for the killings by authorising the invasion and destruction of the two communities. The party regretted that it was after more than 12 years of delayed justice that High Court Justice, Lambo Akanbi, ruled on the Odi killings and the Federal Government was ordered to pay compensation to

the victims. The judge described the killings as genocide, reckless and brutal violation of the rights of the victims to life and ownership of property. In a statement issued by its National Publicity Secretary, Rotimi Fashakin, CPC noted that it was clear from the case that the former president harboured a sadistic intent to deal with the two communities. The CPC stressed that it was clear that at the time of the infractions, the country was not in a state of war with these communities, which according to the party, signified that the action typified the impunity and Executive recklessness that the PDP-led administrations had shown in

13 years. The statement read: “Undoubtedly, it is clear from these two decided cases that Chief Olusegun Obasanjo harboured sadistic and malevolent intent in dealing with the two Nigerian communities. In the judgment on the class suit No. FHC/PH/CP/11/2000 on the Odi invasion, Justice Lambo Akanbi ruled that the attack on the people of Odi was genocidal, reckless, brutish and a gross violation of the rights of the victims to life and ownership of property. “In Article 5(1a) of the statute of the International Criminal Court (ICC), genocide is a crime under the jurisdictional purview of the court.

Lagos Airport hit by power outage By Wole Shadare OR over 30 minutes, panic Fentire gripped passengers at the vicinity and the terminal building of the Murtala Muhammed Airport, Lagos, which was thrown into darkness. The problem occurred dur-

ing a heavy downpour recorded Monday night. The cause of the power outage was not known as at the time of going to press, but passengers told The Guardian that many people scampered for safety as people ran into each others’ path as they tried to rush outside the terminal

building. Passengers could not alight from the plane because of blackout. Spokesman for the Federal Airport Authority of Nigeria (FAAN), Yakubu Datti confirmed the development, but said electricity was restored to the area and people went about their duties.

Atuche, others to file no case in N25.7b theft charge By Bertram Nwannekanma and Yetunde Ayobami-Ojo

• EFCC arraigns ex-Kogi senatorial candidate for impersonation

ORMER Managing Director FBank), of Bank PHB (now Keystone Mr. Francis Atuche, and

and Elizabeth Ebi - in response to an order of the court for further cross-examination by the defence on some new facts. In another development, the EFCC yesterday arraigned a former candidate for Kogi Central Senatorial District, Alhaji Abdulazeez Bello Azeez, before Justice Adeniyi Onigbanjo of a Lagos High Court sitting in Ikeja on a two-count charge of conspiracy to obtain money by false pretence and forgery, contrary to Section 363 of the Criminal Laws of Lagos State, 2011. He pleaded not guilty to the charges. Azeez, 49, was arrested recently by the State Security Service (SSS) at Sheraton Hotel and Towers, Lagos, for allegedly impersonating the EFCC Director of Operations, Mr. Olaolu Adegbite. He was at the hotel premises to further an advance fee fraud scheme targeted at Mrs. Mercy Orji, the wife of Abia State Governor, Mr. Theodore Orji. The witnesses were recalled following an application filed on Atuche’s behalf by his counsel, Idigbe, in which the defence sought to further cross-examine the witnesses on some documents they claimed were in their possession.

two others who were charged by the Economic and Financial Crimes Commission (EFCC) for allegedly stealing the sum of N25.7 billion belonging to the bank, will be filing a no-case submission against the prosecution’s case. Charged along Atuche were his wife, Elizabeth, and the bank’s former Chief Financial Officer, Mr. Ugo Anyanwu. At the resumed hearing of the matter at the Lagos High Court in Ikeja yesterday, Atuche, through his counsel, Mr. Tayo Oyetibo (SAN), told the court presided by Justice Lateefa Okunnu that they have no intention of defending the allegations but would rather file a no-case submission. Oyetibo, who stood in for Chief Anthony Idigbe (SAN), told the court that the defendants, expected to open their defence on the matter after the prosecution has closed case, would not file any defence. Earlier in the proceeding, the prosecution, led by Kemi Pinhiero (SAN), had produced two witnesses - Diamond Uju

The documents, later admitted by the court as exhibits P267, P268, P269 and P271, were resolutions of four companies - Futureview Security Limited, Trajek, Extra Oil Limited, and Integrated Service Limited, in which they sought a N10.9 billion credit facility from Bank PHB. But in their testimonies during cross-examination, they denied being involved in any of the companies or having knowledge of how documents are signed in the company. One of the witnesses, Mrs. Elizabeth Ebi, denied signing the documents, even though she later admitted being a director with one, Futureview Security Limited. She also stated that she had nothing to do with the other three despite that her signature appeared on the board resolution of the four companies. Ebi, who also said she did not know the directors of the other three companies, questioned the genuineness of the documents, saying that though the signature appeared to be hers, she did not sign any of the documents. According to her, the letterhead does not belong to Futureview and the e-mail address as well as the website

address on it was wrong. She added that the content of the resolution does not tally with her company’s method of preparing resolutions. Further hearing on the matter was adjourned till April 17, 2013. According to a release by EFCC Acting Head, Media and Publicity, Wilson Uwujaren, he reportedly posed with a fake identity card bearing Adegbite’s name. Reports from the SSS indicated that Bello was arrested on January 27, 2013 while negotiating with some aides of his wouldbe victim. He was later handed over to the EFCC for prosecution. At the EFCC office, the politician-turned conman said he was working with one Nelson Ndukwe and Chuks Offor, both aides of Mrs. Orji, to perfect his nefarious agenda of swindling her. He confessed that he impersonated the EFCC Director of Operations. “I’m sorry that I impersonated the Operations Director of the EFCC. I did it to be able to arrest Mrs. Orji’s assistants, who are said to be working for her to launder money. It was my first time of doing this. EFCC should help me out of this,” he said.

Others sued along with the President were the Minister of Defence, Dr. Bello Mohammed; Chief of Defence Staff, Air ViceMarshall Oluseye Pentinrin; Inspector-General of Police, Hafiz Ringim; and Attorney-General of the Federation (AGF), Mohammed Bello Adoke (SAN). The plaintiffs asked the court for leave to withdraw Jonathan’s name on the ground that they could not personally serve him in Abuja, especially as the court specifically ordered that he be served and not through his legal counsel, the AGF. Consequently, the court struck out his name from the suit. In the suit, which was brought under the fundamental rights (enforcement procedure) rules, 2009, the plaintiffs asked the court to order the withdrawal of armed soldiers from the streets of Lagos State. They are also demanding N100 million as damages against the respondents jointly and severally, for alleged violation of their fundamental rights. The applicants are also asking the court for an injunction restraining the respondents from preventing peaceful and lawful gathering of the applicants and other Nigerians at Falomo Roundabout, Gani Fawehinmi Park, Yaba, Ojota, Ketu, Ikorodu, Lekki, Alimosho and other public places in Lagos in exercise of their fundamental rights. The suit is supported by a 29paragraph affidavit deposed to by Ebun Adegboruwa. In it, he stated that on the morning of Monday, January 16, 2012, he was stopped by a team of armed soldiers at the Falomo Roundabout. He added that soldiers had barricaded the main road with iron bars, drums and concrete blocks, searching all motorists, commercial cyclists and even pedestrians. According to him, the soldiers declared that they were under strict orders from the respondents not to allow any form of gathering or assembly at the Falomo Roundabout as well as other public locations in Lagos. He also averred that during the fuel subsidy removal protest at the Gani Fawehinmi Freedom Park at Ojota, armed soldiers

cordoned all entry points to the park, physically prevented all persons, including lawyers, activists, journalists, actors and entertainers, medical doctors and students, who desired to be part of the assembly, from entering the park. He added that he joined other lawyers, activists and students at Labour House, Tejuosho, Yaba, where they gathered peacefully to express their opposition to the fuel subsidy withdrawal. He said: “We moved peacefully through Tejuosho to Ojuelegba, Jibowu, Fadeyi, Onipanu, Palmgrove without any incident, violence or breakdown of law and order. “It was when we were approaching Obanikoro that a team of armed soldiers blocked us with a Ford pick-up van painted in the green colour of the Nigerian Army, ordering us to stop the gathering and assembly forthwith. They threatened to shoot us if we fail to heed their directive. “I and others were then meeting to consider our next line of action when suddenly we noticed that the soldiers were shooting live bullets. This caused me great fear and panic and I was thoroughly traumatised. I had to join others to run for dear life as the sporadic gunshots continued unabated. This was about 10.00 a.m. “As we kept running, the soldiers kept pursuing us and suddenly they shot teargas canisters right in front of me, and its content and dangerous smoke enveloped me and other activists. Because it was also during the harmattan, I became almost unconscious, breathing with difficulty and great pain. “I was to be ambushed by some policemen stationed along the sidewalk, and they pursued me into a private house in the Fadeyi area, where I had to go into hiding as they insisted on arresting me. As I was not sure of their mandate, I was concerned for my life and had to seek refuge in the house of a stranger, who was very sympathetic to my ordeal. “I remained there until the effect of the dangerous teargas shot into my eyes and lungs had subsided. At a point, I could not even see properly. It was

THE GUARDIAN, Tuesday, March 5, 2013

8 NEWS

Abia denies role in Kalu’s certificate revocation

Oyo CAN, AP disagree over demolitions

From Gordi Udeajah, Umuahia, Abia State VERNMENT has denied involvement in the revocaO tion and withdrawal of the

Teachers hail Ajimobi over pensions From Iyabo Lawal, Ibadan HE Action Congress of T Nigeria (ACN), Oyo State Chapter, has said that it was the inaction of some past governors of the state on environment that gave Oyo the image of the dirtiest state in Nigeria, while accusing the Accord Party leader of playing to the gallery and playing “dirty politics” over the urban renewal efforts of the Governor Abiola Ajimobi. The party made this known in a release issued in Ibadan on Monday by its Publicity Secretary, Mr. Dauda Kolawole, in reply to criticisms of the government’s effort by Mr. Rashidi Ladoja in Ibadan last week. Ladoja had accused the government of insensitivity in the demolition of shops, stating that it ought to have provided alternatives to the shop owners before the demolition. “The example of the Bola Ige government given by Ladoja was self-serving and inappropriate because the late Cicero relocated an entire market to Gbagi area. What the Ajimobi government is combating is street trading and erection of shops by the roadside, which has had grievous effects on our people. Often times, vehicles veer off to kill them and in the process of erecting shops on drainages and canals, people are swept away by flood,” the party said. Stating that the Ajimobi government was the first in the history of the state to build as many markets as are being constructed in the state, the ACN said that what the governor deserved from Ladoja and the opposition parties was commendation and not condemnation. “Ladoja was comfortable with our people trading under the Molete Bridge, with its attendant danger to their lives. Ajimobi moved them to the Scout Camp where about 2,000 decent markets are available for them. Those trading by the roadside on this axis – Challenge, Oke Ado, Bode, Idi Arere also benefitted from the

Scout Camp market. “Those selling cars indiscriminately at Oke Ado, he has provided an auto mart for them at the NITEL Molete area; for those displaced at Gate, Loyola, Sawmill, Onipepeye, Iwo Road, he provided the NITEL Old Ife road area for them; he provided the Plank Market at Ajoda for those relocated at the Saw Mill area; for those formerly at Sango/UI, Oremeji Poly Road, the Trade Fair Complex was provided to take care of them, and for those at the Agbeni/Ogunpa, Labaowo, Akilapa area, the government has provided the Olorunsogo (SAWIA) alternative for them,” said the ACN. The party challenged Ladoja to name the market he constructed during his reign. “We want to know what alternative Ladoja provided for the church he demolished on Ring Road and that of the construction company he demolished along the same axis. What alternative did he provide when he demolished shops at Orita Aperin-Adesola, Orita Aperin-Elekuro, Orita AperinAdekile and Academy Under Bridge?” The party demanded. Maintaining that Oyo State had gone beyond the dirty politics of the Adedibu era which it said threw up “Ladoja and his cohorts”, the ACN said that it was challenging the former governor to a debate to tell the people what he did during his government to better the lot of the people other than “gangsterism and bloodletting. “In less than two years, Ajimobi has done ten times of whatever Ladoja did. Our people still remember his government for being a laid-back, zero initiative government. The ACN government is a refreshing leap from that never-again era in the history of Oyo State,” said the ACN. Meanwhile, primary school head-teachers in Oyo State have commended the state Governor, Ajimobi, for approving the immediate commencement of monthly pension payment for retired primary school teachers in the state.

Vice Principal, Federal Government College, Otobi, Mr. Fakeye Samuel, Acting Executive Secretary, Universal Basic Education Commission, Professor Charles Onocha and Minister of State for Education Mr. Ezenwo Nyesom Wike, during the minister’s scheduled inspection of Federal Government Library Project at the Federal Government College, Otobi, Otukpo Local Council Area of Benue State…recently.

Supreme Court rules May 31 on Oni’s suit against Fayemi From Lemmy Ughegbe, Abuja HE Supreme Court yesterday fixed May 31, 2013 to decide on the bid of former Ekiti state Governor, Chief Segun Oni to unseat incumbent Governor, Chief Kayode Fayemi as the court has fixed the said date to hear his appeal. A full panel of the apex court presided over by Justice Tanko Mohammed fixed the date after parties had adopted their processes in the appeal filed by Oni, seeking to set aside the judgment of an Appeal Court which ousted him from office and declared Fayemi the duly elected governor. In his submission, Oni’s counsel, Joe - Kyari Gadzama prayed the court to set aside the October 15, 2010 judgement of the lower court which sacked his client on the ground of likelihood of bias. He pointed out that the suspended President of the

Bias or likelihood of it makes a decision a nullity and is therefore a sufficient ground for the lower court to set aside its own judgment Court of Appeal, Justice Ayo Isa Salami who constituted and presided over the panel and also wrote the judgment of the Appeal Court that sacked Oni from office had close affinity with Bola Tinubu the alter ego of Fayemi’s party, the Action Congress of Nigeria. He said: “Bias or likelihood of it makes a decision a nullity and is therefore a sufficient ground for the lower court to set aside its own judgment.” But Fayemi’s counsel, Olusola Baiyashea said that the Supreme Court did not have the jurisdiction to hear the appeal. Fayemi submitted that going by the reports of the National Judicial Council, which investigated the allegation, Salami and other

judges of the appellate court, which sat over the matter, had been exonerated and hence the allegation had become irrelevant to the instant case. He also argued that the reliefs sought by the appellant emanated from the governorship election tribunal, which the Court of Appeal was the final bus stop. He submitted that the Court has no jurisdiction to entertain the appeal, being an appeal emanating from the decision of the court below in governorship election petition of Ekiti State arising from the governorship election of 2007 to which Section 246 (3) of the 1999 Constitution is applicable. He also submitted that there was no valid appeal before the court.

Edo House screens 18 commissioner nominees, one absent From Alemma-Ozioruva Aliu, Benin City DO State House of E Assembly has demanded explanations from the committee screening credentials of commissioner nominees on why the nominee from Akoko-Edo Local Government Council, Aanena Jemitola was not screened. The House committee Chairman, Philip Shaibu had

earlier informed the house that it had successfully screened 18 out of the 19 nominees by the committee. Shaibu informed the House that there were at least seven petitions against Jemitola, who was former commissioner for Arts, Culture and Tourism in the last dispensation, before the house but did not disclose the contents. The Guardian gathered that one of the petitions bordered on her academic credentials, but it was not clear how this would affect her since as at press time, her credentials was not before the house. All efforts to reach Jemitola yesterday was not successful as her phone line was said to be busy after several calls were put across to her, but a member of the Action Congress of Nigeria (ACN) in her area, John Bello told The Guardian that Jemitola had been ill for some days and that she would still try to beat the deadline for submission of credentials. Shaibu informed the House that 18 of them including the former Chief of Staff to the Governor, Osarodion Ogie who was asked to take a bow when he made himself available before the committee, former Commissioner for Environment Clem Agba, former Education C o m m i s s i o n e r , Omorotionwa Ekpenisi and others were all qualified for

the job and, therefore, should be confirmed, just as he noted that the committee investigated the petitions against Omorotionwa and Agba and found them unverifiable. The house became rowdy when the Speaker, Uyi Igbe asked members to comment on the report of the committee as the member representing Akoko Constituency II, Bamidele Oloruntoba, where Jemitola hails from. Oloruntoba had expressed disappointment that it was only the nominee from his area that could not make herself available for the screening. He suggested that the house should choose another nominee from the five names submitted by the leadership of the party in the area to the governor. “We submitted five names, Mr. Speaker one of them should be used to replace her.” However, the speaker said that she had informed the House of her ill health and had promised to make herself available today (Tuesday). But apparently not convinced by the Speaker’s comment, following the disclosure by Shaibu that the House was in possession of seven petitions against her, Oloruntoba stood his ground that she should be replaced but was shouted down by other lawmakers including the Speaker.

first degree certificate the state owned Abia State University awarded the former state governor and visitor to the university Dr. Orji Uzor Kalu while he served as governor. Information Commissioner, Dr. Eze Chikamnayo told journalists in Umuahia on Monday that the state government said that though the university is owned by the state, the state government does not dictate how the affairs should be run. He added that the running of the university was strictly in the hands of the governing council and its Senate. “Government does not want this matter politicised. The university should be allowed to carry on with its statutory duty. Members of the governing council and Senate were constituted with people of integrity,” the Commissioner asserted.

Ex-militants oppose dialogue with Boko Haram From Willie Etim, Yenagoa CORES of former members SMovement of the upper hierarchy of the for the Emancipation of the Niger Delta (MEND) weekend wrote to President Goodluck Jonathan over the rising calls by some politicians for the Federal Government to dialogue with the Boko Haram sect, warning that such call was retrogressive and ill-conceived. The ex-militant leaders, who met behind closed doors in Uyo, Akwa-Ibom State under the aegis of Leadership Forum, said that though dialogue as a means of resolving crisis was a necessary tool for peace, the actions of the Boko Haram sect after the declaration of ceasefire was a show of betrayal and their activities be crushed by the military. In a communiqué read by the President of the group, Comrade Reuben Wilson, otherwise known along the creeks as General Pastor Reuben, described the Boko Haram sect as criminal gang whose activities were dangerous to the existence of the nation.

Auto crash kills 23 in Osun From Tunji Omofoye, Osogbo O fewer than 23 persons N lost their lives in road accidents in various locations in January, the Osun State sector command of the Federal Road Safety Corps (FRSC) has said. The Sector Commander, Mr. Imoh Etuk told journalists in Osogbo that most of the accidents recorded in the state were caused by over speeding on the parts of drivers. Etuk also disclosed that 13 fatal accidents were recorded by his command in the same month and 108 persons were severely injured in the incidents. Besides, he said that over 24,000 traffic offenders were apprehended within the period, while 1,000 were arraigned in court and prosecuted in accordance with traffic laws. The FRSC chief, who cautioned drivers against over speeding, said that most of the accidents recorded were preventable if only drivers could be patient while on wheels. Etuk debunked allegations of

THE GUARDIAN, Tuesday, March 5, 2013

NEWS 9

Rivers Reps back Amaechi in oil wells dispute, others From Kelvin Ebiri, Port Harcourt EDERAL lawmakers from Rivers State have urged Governor Chibuike Amaechi to challenge attempts to cede some oil producing communities to Bayelsa and Akwa Ibom. The lawmakers, who are members of the House Representatives, said they cannot be silent in the face of obvious injustice aimed at removing the state Peoples Democratic Party (PDP) chairman Godspower Ake. Leader of the Rivers’ caucus in the House of Representatives comprising 13 members, Honourable Asita, representing Ahoada-West and Ogba/Egbema/Ndoni Federal Constituency stated this during a solidarity visit to the Governor at Government House, Port Harcourt, yesterday. Asita urged the governor to take steps to defend the territory that make up the different constituencies in the state for which Amaechi has declared to protect on assumption of office as Governor of Rivers State. On the East-West road construction, Asita said, as primary beneficiaries of the road traversing the state and their different constituencies, the Rivers Caucus should be seen as stakeholders and interested parties in the execution of the project, which should be taken seriously. “At different times Your Excellency, notable personalities in this region have expressed fear and concern over the slow and unserious nature of the execution of the East-West road construction project, we are happy that you agree no less with us, and challenge detractors of the Niger Delta people, who suffered so much loss on this road to show proof to the contrary, but we are still worried that the road is still very deplorable and nothing significant has been done before and after you made those harmless rather patriotic comments that attracted unnecessary political interpretations”, said Asita. “We encourage you to be steadfast, especially at times like this, so that one does not go to bed a citizen of Rives

Emir of Ningi, Alhaji Yunusa Danyaya (left); receiving a message from the representative of the Alaafin of Oyo, Amb. Ayandotun Ayanlakin in Ningi, Bauchi State …yesterday

LP defeats PDP witness at Ondo election tribunal From Niyi Bello, Akure

Minister warns residents against abusing Abuja Master Plan

MILD drama ensued at the A sitting of the Ondo State First Lady kicks off tree planting exercise governorship election tribunal yesterday, as a witness, who claimed to be an agent of the Peoples Democratic Party (PDP), Adams Lawal, was discovered not to be the true agent. It was the fifth in the 10 days allocated by the tribunal for the candidate of the party, Chief Olusola Oke, to prove his petition and call witnesses. Lawal, who was called by Dr. Kayode Olatoke, counsel to Oke, as the 40th witness, claimed to be the polling agent of the PDP at Unit 007, Ward 04 of Oka-Akoko in Akoko South West Local Government. After affirming that he was the author of the deposition made before the secretary of the tribunal on November 10, last year wherein he claimed that there was no proper election in his unit on poll’s day, Lawal was presented by Olatoke for cross-examination. Former State AttorneyGeneral, Eyitayo Jegede, who appeared for the Labour Party (LP) and Governor Olusegun Mimiko, while opening the cross-examination, however, sought and obtained the consent of the tribunal to tender Form EC8A which was the result sheet of the concerned unit. He, therefore, asked the witness, who kept on saying that there was no election at his unit because there was no accreditation of voters, to read the name of the person that signed the sheet on behalf of the PDP. Jegede, while putting it to the witness that he was not the same person as Amuwa Benjamin, whose names appeared on the sheet and who signed the document, also sought and obtained the consent of the tribunal to tender a list of names of polling agents submitted by the PDP to the Independent National Electoral Commission (INEC). Instead of Lawal’s name, the list stated clearly that Amuwa Benjamin was the one sent to INEC by the party. The real drama, however, came when the next witness, Adedoyin Vincent, was asked, while on cross-examination by Jegede, whether he knew Lawal to which he replied that “that name doesn’t exist,

From Terhemba Daka, Abuja HE Federal Capital Territory (FCT) Minister, Bala Mohammed, has cautioned residents of the territory against distorting the Abuja Master Plan, warning that defaulters would face the full wrath of the law. President Goodluck Jonathan had last Friday, while inaugurating the Board of the FCDA, also directed the FCT Administration to continue to maintain the integrity of the Abuja Master Plan. In his address yesterday at the kick-off of the tree planting, landscaping and beautification of the Umaru Musa Yar’Adua Expressway (Airport Road) which held at the National Stadium Complex, Abuja yesterday, Mohammed reiterated that his administration would not leave any stone unturned in the move to implement Mr. President’s directives. The minister reiterated that

the FCT Administration under his leadership will not compromise the aesthetic of the capital city as the authorities strive to implement the Abuja Master Plan, stressing that Abuja remains the window through which the world sees Nigeria. “I must warn all those who deface the environment of our beautiful city and abuse the Abuja Master Plan that the FCT Administration will take adequate and necessary steps to enforce discipline in these areas,” he said. He reaffirmed total commitment of his administration to the protection of environment in the entire 8,000 square kilometer of the FCT, improve its aesthetic and particularly enhance the landscape of the road, which is a major entry and exit route of the 250 square kilometer of the Federal Capital City. The minister revealed that

apart from providing the aesthetic/beautification of the road, the project has already generated employment for about 600 workers who are mostly women. Mohammed further revealed that as the work progresses, another 300 to 400 youths would be involved in making sure that the project is adequately sustained, noting that it has also provided for the development of a plant nursery on the Airport Road to carter for replenishment of dead trees. The First Lady, Dame Patience Jonathan, while kicking-off the tree planting, landscaping and beautification, said the exercise served the dual purpose of protecting the environment and enhancing overall well being of man. She congratulated the FCT authorities for initiating the project and called on wives of state governors to replicate the tree planting exercise in their respective states.

Lagos NBA wants name removed in suit on practising fee By Joseph Onyekwere ITING non-disclosure of reasonable cause of action, the Lagos branch of the Nigerian Bar Association (NBA) is urging a Federal High Court, Lagos to strike out its name in a suit challenging the hike in lawyers’ practising fees across the country. Counsel for the Lagos NBA, Mr. Sunday Onu, told the trial judge, Justice Rita OfiliAjumogobia, at the resumed hearing of the matter yesterday that the suit “does not disclose any reasonable cause of action” against his client. The branch, represented by its Chairman, Mr. Taiwo Taiwo, is among the six defendants sued by the five lawyers that instituted the suit. Other defendants in the suit are the NBA; its President, Mr. Okey Wali; the General Council of the Bar; Attorney General of the Federation, Mohammed Adoke; and the Chairman, Ikeja NBA, Mr. Monday Ubani. The plaintiffs are Mr. Seth Amaefule, Miss Amaka Aneke, Mr. Celestine Nwankwo, Mr.

Charles Ola-Oni, and Mr. Tayo Arojo. They are, by their suit, seeking an order restraining the NBA from collecting the new fees, which they alleged was imposed on Nigerian lawyers. With the current fees regime, lawyers with less than five years standing at the Bar, formerly paying N2, 000 as practising fees, will have to pay N10,000. Those between five and 10 years will now pay N20,000 instead of the former N4,000. Those above 10 years but less than 15 years at the Bar formerly paying N7, 500, will now have to pay N35,000. Those above 15 years at the Bar and were paying N10,000 and Senior Advocates and Benchers who were liable to pay N20,000, are to, under the new regime, pay N50,000 and N100,000 respectively. Taiwo stated in an affidavit supporting the preliminary objection to the suit that he had always, as the chairman of the Lagos NBA, fought on behalf of the branch. He said he ought not to be sued, as he

did not increase the practising fee payable by legal practitioners. Counsel for the first four defendants - the NBA, Wali, the General Council of the Bar and the AGF - Mr. Okey Amaechi (SAN), also yesterday withdrew the statement of defence he earlier filed and indicated his intention to file a joint one for his four clients. But counsel for the plaintiffs, Tunji Gomez, said it was a ploy to delay the hearing of the matter, bearing in mind that lawyers have up till March 31 to pay the fees or face disciplinary action. Gomez expressed worry over the defendants’ withdrawal of their statement of defence on the day the matter was due for hearing. “This matter is urgent and time is of essence. This is a technical way of causing delay. The matter was for hearing today (Monday) and the learned counsel came to withdraw their statement of defence that same day. “It is unfortunate that this is coming from the highest body of the bar to frustrate this suit”.

State, and wake up the following morning, a citizen of another state, or have our land ceded because of oil, we join all other well-meaning indigenes of the state to say no resources should be spared in this pursuit”, Asita said. The lawmakers’ visit was informed by the recent attacks and outside external forces against Amaechi, who they said had been putting smiles on the faces of Rivers people through his peopleoriented projects and for successfully managing the affairs of the state in the past five years and four months. “We are here to express and declare our support and appreciation to you, on how you have successfully and wonderfully managed the affairs of the state. In the past five years and four months, we are satisfied with the level of implementation and vision that you have shown, we are satisfied and indeed thankful to God for giving you to our state at such a time as this, and wish to congratulate you for the show of uncommon courage and statesmanship in the face of uncovered hostilities towards your person as governor”, Asita said. A handful of PDP members in the state, purportedly backed by some powerful individuals in Abuja, have taken the Godspower Ake led State PDP executive to court, challenging the election of the Ake led PDP executive in the state. “Your Excellency, at trying times such as this, it is expected that as elected National Assembly representatives of Rivers people our positions are known for history and posterity concerning the various issues of mutual concern of which in recent times has taken a life of their own. We cannot be silent in the face of an obvious injustice, and wish to state that we were all delegates who participated with other delegates at the state congress organised by PDP eminent and notable honourable leaders from the National Secretariat of the Party, and at the end of that congress, the Chief Godspower Ake led State Executive was duely and properly elected”, said Asita.

THE GUARDIAN, Tuesday, March 5, 2013

10 News

Alaafin blames Obasanjo for alleged marginalisation of S’West

Landslide hits Bayelsa community, destroys eight houses

• Residents, firm trade blame From Willie Etim, Yenagoa MAJOR landslide at the weekend hit Okoloba community in Kolokuma/Opokuma Local Council Area of Bayelsa State, destroying eight houses. Many indigenes of the community, including the paramount ruler, Chief Orumobiri Woyergikuro, have blamed the incident on the alleged refusal by the Niger Delta Development Commission (NDDC) to compel commencement of work on the shore protection project, the contract of which was said to have been awarded to the Dredging Atlantic Company in 2008. But the company has debunked the allegation, claiming that work on the project had begun and that some members of the community were making execution of the job difficult. It was learnt that the slide hit the community at about 6 a.m. on Saturday while the residents were still in bed. Some of those affected by the incident said it was the early morning farm work that saved many residents from being buried alive by the slide. The traditional ruler, Woyegikuro, said the failure of the NDDC and the Dredging Atlantic is costing the area untold hardship and loss of revenue worth mil-

lions of naira. “For five years, the company has refused to commence work on the shore protection project that would have helped the community,” he said. Woyegikuro noted that though the delay in the project caused the slide, the method proposed for carrying out the job, as being used in the neighbouring Sabageria, will not be effective in tackling the situation in Okoloba. “If it will work here, all they need to do is close the swamp before commencement of shore protection work,” he said. When contacted on the development, a senior official of the Dredging Atlantic Company in its Port Harcourt office, Mr. Alex Ogieva, explained that “the legal hurdles placed before the company by some members of the community” over the demand for N50 million compensation for dredged sand in the area stopped work in 2009. “Some people who claimed to be land owners took the company to court. They claimed that the sand used is not free, and wanted the sum of over N50 million. We decided to go with them to court, while we moved all equipment to Sabageria end of the job. We are on site in the Sabageria end and the shoreline work is going on as scheduled.”

From Iyabo Lawal, Ibadan HE Alaafin of Oyo, Oba Lamidi Adeyemi, yesterday blamed former President Olusegun Obasanjo for the marginalisation of the Yoruba race by President Goodluck Jonathan’s administration. Oba Adeyemi, who disclosed this while receiving the erstwhile Senate Leader, Senator Teslim Folarin, in his palace, remarked that the eight-yearrule of Obasanjo was a disservice to Yoruba people. The monarch expressed regrets that Obasanjo’s eightyear-rule never ensured a succession policy for the Yoruba while he paid lip-service to issues that could assist the cause of the race. The traditional ruler urged Yoruba politicians to safeguard the cultural value of the race, warning that Yoruba language and culture faced serious threat of extinction following refusal of parents to teach their children local language and culture.

Managing Director, Jos Electricity Distribution Company, Mrs. Vera Osuhor (left) receiving an award from the General Manager, Power Holding Company of Nigeria (PHCN), Gombe Business Unit, Alhaji Sale Kani, at the inauguration of Tudun Wada Business Unit Permanent Office in Gombe…yesterday

16 nations to fight piracy, others in Gulf of Guinea By Odita Sunday (Just back from Douala, Cameroun) SPECIAL multinational sea exercise, which involved 16 nations, came to a close at the weekend, with the participating countries unanimously endorsing a joint fight against piracy and other illicit businesses on the sea. The exercise, Obangame Express 2013, focused on countering piracy and maritime security operations in the Gulf of Guinea. Camerounian government, in the city of Duoala, hosted the three-day exercise. The operation provided Africa, Europe and other partnering maritime nations the opportunity to work together, share information and refine methods of tackling issues of security in the Gulf of Guinea for better monitoring and enforcement of the rules on territorial waters

and the exclusive economic zone. During the exercise, the participants conducted training towards improvement in inter-operability between maritime forces of the participating nations, as well as the skills of individual ship. The training included sea ship boarding, air operations, communications drills and regional information sharing. At the closing ceremony, the Commander, United States-African Command, General Carter Ham, said that maritime partnership and security were becoming increasingly important in the Gulf of Guinea to combat a variety of challenges, including maritime crime, illicit trafficking and piracy. Director and Coordinator of the Exercise, Captain Dave Rollo, of the United States

Navy, said Obangame Express would help to promote relationships among nations to combat illicit activities in the Gulf of Guinea. According to him, piracy is a global problem that must be jointly tackled. The Camerounian Defence Minister, Mr. Meme Ago’o Edward Alain, said naval forces within the region must effectively strengthen the intervention capability using maritime surveillance system and reliable equipment. “The required harmonisation of operational procedures of multinational players involved in securing the Gulf of Guinea guarantees the effectiveness of our naval forces in maintaining maritime security and safety. Maritime security is a prerequisite for attracting investment, promoting trade and continuing economic development,” he said.

UN forum brainstorms on regional strife By Oghogho Obayuwana, Foreign Affairs Editor HE world is in the throes of T the serious effects of constant conflicts and distrust, but the United Nations Alliance of Civilisations (UNAOC) at the weekend offered some hope that may turn into relief for nations and communities ravaged by inter-religious or ethno-cultural strife. The 5th UNAOC, which just ended in Vienna, Austria, also gave alternative recommendations for achieving peace in some of the world’s current troubled spots, including Mali and Syria, as well as the ever-confounding IsraelPalestine. Leaders from around the world, including UN Secretary-General, Ban Kimoon; President Heinz Fischer of Austria; the Emir of Qatar, Shaikh Hamad Al Thani; Prime Minister Erdogan of Turkey; Romanian President Traian Basescu and Foreign Minister Margallo of Spain; Foreign Minister Salehi of Iran, and others, held closed doordeciding-meetings of the UNAOC in Vienna, addressing the issues of unrest in the world, as well as the future of sustainable development. They came up with what is to be known as the Vienna Declaration which, according

They came up with what is to be known as the Vienna Declaration which, according to the UNAOC website, seeks in the main, to support the development of regional processes to increase cooperation among countries on intercultural dialogue. to the UNAOC website, seeks in the main, to support the development of regional processes to increase cooperation among countries on intercultural dialogue. The declaration also endorsed a presentation of the 2nd Action Plan for the Mediterranean, the 2nd Action Plan for South Eastern Europe, the conclusions of the 2nd Regional consultation for Asia/South Pacific, the presentation of the Regional Strategy for Latin America, as well as the Roadmap for Mali. There was also the launch of a regional debate on the Danube and Black Sea Region, the Southern Caucasus and Central Asia- promoted by Austria, as well as the acceptance of the announcement by the League of Arab States of the intention of its memberstates to develop their own regional strategy. The Vienna Declaration, indeed, is a document affirming the commitment of numerous governments and international organisations from around the world to advancing cross-cultural dia-

logue. In making the declaration, the leaders said they reaffirmed commitment to the purposes and Principles of the Charter of the United Nations, the Universal Declaration of Human Rights, as well as other relevant international instruments, such as the UNESCO Universal Declaration on Cultural Diversity. For instance, they affirmed that: “All cultures, civilisations and religions contribute to the enrichment of humankind in the conviction that the world’s cultural diversity is a wealth to be cherished by all as a factor of peace and development and that the importance of respect and understanding for cultural and religious diversity embody the encouragement of tolerance, respect, dialogue and cooperation among different cultures, civilisations and peoples. We emphasise more specifically the importance of combating intolerance and discrimination based on ethnicity, race, colour, religion or belief.”

Gunmen kill police chief, others From Njadvara Musa, Maiduguri T seems the reign of terror in Borno State is far from abating as gunmen suspected to be Boko Haram sect members, in separate operations on Sunday evening, attacked Baderi Village in Mafa Council of the state, killing its traditional ruler, Lawan Kafu; a Mobile Police Training Camp (PMTC) Commandant, Umaru Ali Jenga and a traffic warden (names withheld) in Gwange area of Maiduguri. The commandant, according to an eyewitness, was killed at his residence. He was shot dead by three armed men in a tricycle before fleeing towards Bama road where they also killed a traffic warden at the Tjunction. He said: “We were sitting under this shed when gunmen in two tricycles attacked the residence of the police officer near the Lagos Bridge. And people started running for safety across the bridge, before soldiers came in their patrol vehicles in pursuit of the gunmen.”

Court issues warrant against businessman By Joseph Onyekwere USTICE Rita Ofili-Ajumogobia of the Federal High Court in Lagos yesterday declared a bench warrant against the Chief Executive Officer of Kewap Investment Limited, Hakeem Ogundipe. The decision was sequel to a committal application filed by counsel to Eleazu Properties Limited and Uma Eleazu (plaintiffs), Etigwe Uwa, praying the court to issue the warrant against Ogundipe for his alleged calculated attempt, “as the alter ego of Kewap”, to interfere with due administration of justice. The businessman was accused of causing a motor tanker Vessel, M/T Arne and its cargo of petroleum products, upon which an order of arrest was served on February 9, 2013, to sail away from the location where the order was issued to an unknown destination in contravention of the valid order made by the court on February 7. The court wants the businessman arrested and brought to court to answer questions on the whereabouts of the vessel. The court also granted leave to the plaintiff to serve the defendants through substituted means.

THE GUARDIAN, Tuesday, March 5, 2013

WorldReport Policemen killings mar Kenya’s tight, but peaceful election OTES counting began in V earnest in Kenya yesterday Kenyatta in early lead as votes’ tallying begins after a peaceful election that observers describe as the most important in the country’s history despite a deadly police ambush that almost marred the exercise, according to the British Broadcasting Corporation (BBC) and Agence France Presse (AFP). Before dawn yesterday, a long lines of Kenyans queued to vote in the first election since violence-wracked polls five years ago. But polls were due to close at 17:00 (14:00 GMT) but officials said those in queues at that time would be allowed to vote. Earlier, there was violence near the port town of Mombasa, with about six policemen killed in two separate attacks, including an ambush by some 200 youths armed with guns and bows and arrows, hours before the opening of polling stations. Kenyan police chief David Kimaiyo said the Mombasa attackers were suspected members of the secessionist Mombasa Republican Council (MRC), and that 400 officers were sent to beef up security in the popular tourist region. Police have blamed the MRC for a string of attacks last year, and the group had threatened to boycott the polls. Despite the attack, voters packed the streets in the city. A remote-controlled bomb was also set off in Mandera – a town in the north east on the border with war-torn Somalia where Kenyan troops are battling Al-Qaeda linked insurgents – but resulted in no casualties, police said. The tense elections are seen as a crucial test for Kenya, with leaders vowing to avoid a repeat of the bloody 2007-8 post-poll violence in which over 1,100 people were killed. Observers have repeatedly warned of the risk of renewed conflict, but the conduct of voting itself passed off peacefully with no major reported violent incidents aside the police killing

FTER a 24-hour stay, A Britain’s Queen Elizabeth II smiled as she left a London hospital yesterday, having been assessed for gastroenteritis symptoms. It was the first time in 10 years that the 86-year-old monarch had been admitted to hospital. The illness forced her to call off a visit to Rome this week, which would have been her first overseas trip since October 2011. The monarch, wearing a scarlet coat with a brooch and carrying a black handbag on her left arm, shook hands with a uniformed member of staff on the steps of King Edward VII’s Hospital in central London as she left. The queen was driven away in a luxury Bentley, accompanied by a protection officer and police motorcycle outriders. Britain’s head of state is known for enjoying robust health and rarely misses engagements. Illustrating her determined spirit, the queen, who first felt unwell on Friday, reportedly presented a long-service medal to a staff member before being driven to hospital on Sunday. The sovereign, accompanied by her 91-year-old husband Prince Philip, had been due visit Rome on Wednesday and Thursday, but all her engagements for this week have now been called off.

Maasai women queue to vote in Ilngarooj, Kajiado County, Maasailand, during the nationwide elections…yesterday.

Kenya’s Prime Minister Raila Odinga, candidate for the country’s presidency, casts his vote at the Old Kibera Primary School voting centre in his constituency of Kibera, Nairobi. Voters standing for hours in snaking lines several hundred metres long crowded peacefully outside polling stations to take part in one of the most complex elections Kenya has ever held. Early partial preliminary results showed the two frontrunners Uhuru Kenyatta and Raila Odinga with a clear lead.

Figures released just after 7:30 pm (1630 GMT) and based on some five per cent of ballots cast showed Kenyatta with 400,174 votes and Odinga with 272,519. Given that a total of 14.3 million Kenyans were registered to vote, analysts said no conclusions on nationwide trends can be drawn from the early

Deputy Prime Minister and presidential candidate, Uhuru Kenyatta, casts his vote at the Mutomo primary school in Kiambu, north of Nairobi. PHOTOS: AFP figures. director, told journalists The Independent Electoral before the numbers started and Boundaries Commission coming in. (IEBC) said it had decided to The results from the 2007 immediately make public fig- polls, which Mwai Kibaki won ures as and when they are sent against Odinga, sparked a in by polling stations. wave of protests, notably “As soon as data hits our because of the absence of screens it will be made avail- transparency in the way the able to the media in real time,” tallying was done at that time. James Oswago, IEBC executive

Nigeria canvasses free movement for Commonwealth citizens From Oghogho Obayuwana, Foreign Affairs Editor IGERIA has restated the desirability of an unhindered movement of citizens from member countries of the Commonwealth of Nations. The old glory days of the commonwealth whereby nationals from member states did not require any visa to move within the 54 countries that make up the

Commonwealth had been craved consistently by diplomats from the lesser developed countries within its fold as a way of reassuring the body that it is indeed one family. But Nigeria and others urging for visa waivers may not need to wait for too long as the organisation is already considering waving visa requirements as a first step, for some categories of citizens of its

member states to facilitate easier movement and boost people to people contact and relationship. Conferring with visiting Commonwealth SecretaryGeneral Sir Kamalesh Sharma yesterday in Abuja on the issue and others, Foreign Affairs Minister Ambassador Olugbenga Ashiru said apart from bringing back the visa waiver for diplomatic and offi-

cial passport holders, “discussions are ongoing to consider an extension of the waiver to other categories of citizens such as academicians, business leaders and other professional groups that are easily identifiable” The issue is expected to be discussed in a robust manner at the next Commonwealth Heads of Government Meeting (CHOGM) in

Colombo, Sri Lanka in November 2013. Ashiru disclosed further that “the Commonwealth Ministers conference has already recommended for approval at the next CHOGM meeting, the exception of holders of diplomatic and official passports within the Commonwealth from those required to obtain visas to travel within the member states.”

Scores killed in DR Congo’s fighting, plane crash NITED Nations (UN) offiU cials have reported that a rebel militia in the Democratic Republic of Congo has seized control of the eastern town of Kitchanga after days of fighting that have left more than 80 people dead. Also, dozens of people were killed yesterday when a plane crashed into a resi-

dential area of Goma in the eastern Democratic Republic of Congo in bad weather. The aircraft, a Fokker belonging to the local CAA company, was coming from the central mining town of Lodja and went down just before landing at Goma airport, the sources said. The accident took place

during heavy rainfall. “We don’t yet know the number of victims because we’re still looking to get the (passenger) manifest from Lodja. But we estimate there could be between 30 and 50 deaths,” Julien Paluku, governor of North Kivu province which has Goma as its capital, told AFP. The Alliance of Patriots for

a Free and Sovereign Congo, or APCLS, took the town in North Kivu province Sunday and the situation there remains very tense, said deputy UN spokesman, Eduardo Buey. Besides the fatalities, he added that approximately 100 people have been wounded in the clashes. More than 300 displaced

Queen Elizabeth II leaves hospital after 24-hour stay

persons have sought refuge near a UN peacekeeping base, he added. The APCLS is a longstanding militia in the region which made its name battling the late dictator, Mobutu Sese Seko, in the 1990s when wars in DR Congo and neighbouring countries left millions dead.

Cardinals seek more clues on ‘Vatileaks’ as pre-Conclave talks begin S series of Vatican meetA ings got underway yesterday to prepare for a conclave to elect a new pope after Benedict XVI’s sudden resignation, Catholic cardinals have pressed for more information about the “Vatileaks” scandal. The new development came after hundreds of confidential papal documents alleging instances of corruption and intrigue in the administration of the Vatican were leaked to the press last year, causing huge embarrassment. “If we’re going to make a good decision, I’m sure we’ll have to have some information on that,” Agence France Presse (AFP) quoted South African cardinal Wilfrid Napier as telling reporters on the sidelines of the closeddoor meetings. Asked whether there would have to be a reform of the Roman Curia, the central government of the Catholic Church, Napier said: “That naturally is going to come into the picture as well.” French cardinal Philippe Barbarin said: “We want to know what’s going on inside the Vatican, which has been a bit knocked about in recent years.” Benedict’s personal butler was convicted in the case but some Vatican watchers say there may have been a wider conspiracy and an inquiry by three cardinals into the affair has been kept secret.

THE GUARDIAN, Tuesday, March 5, 2013

TheMetroSection NDLEA uncovers cocaine in sandals By Odita Sunday T was a mini drama of sorts yesterday at IAirport the Murtala Muhammed International (MMIA), Lagos as officials of the National Drug Law Enforcement Agency (NDLEA) intercepted a suspect who concealed cocaine inside sandals and luggage. The 26-year-old suspect, Igwe Williams Ogbonna, concealed 630 grammes of powdery substance that tested positive for cocaine inside his luggage and two pairs of sandals while attempting to board a flight to India. The arrest was made possible by the ingenuity of the NDLEA Airport Commander, Mr. Hamza Umar, who noted that the suspect wore one pair of the sandals while another pair of sandals containing drugs was in his luggage. “The suspect was arrested following the discovery of the drug during routine search. Officers first found some cocaine inside sandals he wore at the screening area. During the search, some quantities of cocaine were equally found in another pair of sandals and inside his luggage. In all, he was found with 630 grammes of co-

The substance concealed in sandals caine hidden inside two pairs of sandals and in his luggage,” Hamza said. The suspect in his statement said that

go to India to further my studies because I have an uncle there. They gave me only $700. I was excited because I have always wanted to further my education. They directed me to Lagos from the East after preparing my travel documents. I was given the bag and pairs of sandals. They also instructed me to wear one of the sandals. I felt bad when the drug was detected”. Igwe hails from Mpu town in Aniri Local Council of Enugu State. He attended Mpu Nursery and Primary School and later Andrew Terfa Academy in Taraba State where he had his secondary education. Chairman of the Agency, Mr. Ahmadu Giade, said that efforts were being made to arrest other persons connected to the crime. “The agency is working to identify other suspects who are involved in the criminal act. I also wish to state that members of the public should be careful when people offer to sponsor he was asked to go to India to further his them abroad. Investigation had since studies. begun and the suspect would be In his words: “They told me that I should charged to court,” Giade said.

PDP, Oshiomhole, others pay tributes to the late Ogbodo loss to all of us. It is even sadden- Special Assistant (Media) to the privatization reforms at the be- Senator of the Federal Republic ing for me, given that he died in FCT Minister, Senator Bala Moginning while as a Business Re- of Nigeria. He would be sorely the line of duty while travelling hammed, who described the porter: “ We really lost a guy who missed by all who knew him along with others to partake of a news of the sudden death of the contributed in marketing the for the warm and affection he public lecture I had been invited late John as shocking because he second phase of the privatizaORRENTS of condolences radiated”, the former senator to deliver at the Nnamdi Azikiwe died when The Guardian family; tion programme at the wake of noted. have continued to pour like raindrops on The Guardian’s late University, Awka. It is indeed a Benue, his home state; National the reforms. May God grant him The National Orientation death too hard to believe and too Assembly and the polity for Assistant Political Editor, Johneternal rest.” Agency (NOA) has also commiswhich he covered for many years Former Chairman of Senate Ap- erated with The Guardian over sad to be true, especially given Abba Ogbodo who died in a were still highly in need of him. the warm relationship we shared ghastly auto crash last Thurspropriation Committee, Senator the death of its Assistant Politiover the years and the long years He said: “ A few years ago, as a day. Iyiola Omisore also expressed cal Editor John-Abba Ogbodo . Senator of the Federal Republic, I shock and disbelief at the sudhe had put in service to fatherThe leadership of the Peoples In a condolence message can recall how some of us beDemocratic Party (PDP) on Mon- land, especially at the National den death of Mr signed by the Chief Press Secrecame abreast of the very refined John-Abba Ogbodo. day described the death of John Assembly,” he concluded. tary, Mr Paul Odenyi, the qualities of the late Ogodo as a Edo State Governor, Comrade Agba-Ogbodo, as one that Omisore who advocated imme- agency described Ogbodo’s political journalist. He was a Adams Oshiomhole also comwould deny The Guardian, jourdiate commencement of life in- death as a rude shock and a loss miserated with The Guardian in a practitioner of objective and ro- surance for journalists, nalism and Nigeria as a whole of a trusted ally and a social enbust political journalism. His statement signed by his Chief one of the best human rerecollected his regular interac- gineer per excellence adding death is a devastating blow, Press Secretary, Peter Okhiria sources. tions with the late journalist that his death came when the PDP National Organising Secre- that “John Abba-Ogbodo’s death which will no doubt leave a while in the Senate between agency and The Guardian are came as a rude shock. His death yawning gap in the media indus- 2003 to tary, Abubakar Mustapha and working in close partnership try.” is a sad loss not only to his famthe party’s National Publicity 2011, noting that, “John is a thor- for National Transformation. ily, The Guardian Newspapers and From the Bureau of Public Enter- oughbred professional.” Secretary, Olisah Metuh, who The NOA prayed God to grant the Nigeria Union of Journalists, prise (BPE) came a delegation brought their party’s words of `”The Guardian family in partic- the family of the deceased and but also to all who knew him as comprising six Directors led by ular and the Nigerian media in The Guardian Newspapers the condolence to The Guardian Abuja Bureau said Ogbodo’s dean outstanding reporter and one the Director of Oil and Gas, Sir general has just lost one of its fortitude to bear the irreparaof the finest gifts to journalism. Allwell Ibeh to the GNL Abuja Bu- finest politics reporters. The late ble loss. mise was still a shock to the reau Office to express the condo- Ogbodo “While we mourn his sudden PDP. Also yesterday, The Sun Newspadeath, we pray God to grant him lences of the Acting Director The Deputy Senate President, was one journalist whose profes- per, represented by one of its eternal rest in His bosom and his -General and members of staff of sionalism was without blemish Executive Directors, Mr. Eric OsChief Ike Ekweramadu for family the fortitude to bear the the BPE over the death of the late and whose style of reporting was agie, observed that Ogbodo whom the late Ogbodo and John. other colleagues were billed to loss.” exceptional. I developed a great would be missed not only by And from the Federal Capital Ter- Ibeh recalled how the late Ogcover his presentation of a Lecdeal of respect for him in my offi- The Guardian family but all bodo assisted the BPE imritory (FCT) came a message ture at the Convocation Cerecial interactions with him as a those who came in contact signed by Mr. Nosike Ogbuenyi, mensely in the marketing of the mony of the Nnamdi Azikiwe with him. University, Awka - Anambra State, was the first to extol the virtues of the late Ogbodo yesterday when he called at The Guardian Newspapers Limited ( GNL) Abuja Bureau Office in the Jabi District of Abuja where he condoled with the Management and Staff of The Guardian and later to the home of the Ogbodos located on Agbor Close, off Emeka Anyaoku Street, Area Eleven, Garki where he met with the deceased’s widow, Mrs. Veronica Ogbodo, his children and other members of the family. Ekweremadu described the late Ogbodo as one of the few journalists who distinguished themselves in their chosen profession, and one who conducted himself in the highest professional standards. He said: “ John was a member of our Senate Family, a professional journalist to the core. We will miss him. He is not one you could pay to do a job for you and his likes are very few.” Deputy Senate President, Ike Ekweremadu (right), the late John-Abba Ogbodo’s children, Samuel and Ene, and Ogbodo’s wife, Veronica during Ekwere“This is certainly a very grave madu’s condolence visit to the family

From: Azimazi Momoh Jimoh, Mathias Okwe, Abuja; Tunji Omofoye, Oshogbo; Nkechi Onyedika

Briefs CD urges South-East govs to intervene in closure of Ladipo Market HE Campaign for DemocT racy (CD) has called on governors of the South-east region to intervene in the closure of Ladipo Market in Lagos State due to its economic importance to NdiIgbo. The News Agency of Nigeria (NANS) reports that the group made the call in Onitsha on yesterday in a statement issued to newsmen by Mr Uzor Uzor, Chairman, CD South-East zone. Uzor said that the closure of the market on the grounds that the traders did not observe the environmental sanitation exercise was a denial of the economic rights of thousands of traders and millions of people living in Lagos and the country. “We want the South-East governors, traditional rulers and the Oba of Lagos to prevail on the Lagos State governor to reverse the directive and open the market in the interest of the economic right of Nigerians affected by the closure.” “The governors through the Nigeria Governors’ Forum (NGF) should advise Lagos State governor over taking inhuman actions since it is widely believed that Lagos is a multi-ethnic and multi-dimensional settlement.” “Again, President Goodluck Jonathan should intervene and talk to the Lagos State governor to weigh his actions before taking them,’’ he said. Uzor said that a situation where little provocation would lead to immeasurable action against the citizens of the state was uncalled for. “Ndi-Igbo constitute 7.5 million residents and citizens of Lagos State out of the 17.5 million population of the entire state.” “Most of them have lived in Lagos before 1950 and have children that were born and bred in Lagos.” “And Ndi-Igbo voted en masse for the governor and his predecessors and they are the leading numerical force supporting the ruling political party in the state,’’ it said. Uzor advised that incessant closure of markets in Lagos state over slight provocation should stop.

Firm holds seminar FIRM, Serviceforts ReA sources Business Academy, a human

development and training company, will on Thursday, March 16, 2013, organize a one-day seminar tagged Importation Business Training at 11.00a.m. According to the facilitator, Mrs. Efe Imiren, participants would be enlightened on how to get involved in other manufacturing businesses that could reduce unemployment. The ServiceForts brand name has four major operations including ServiceForts Technologies (a technologybased importing firm), ServiceForts Travels, ServiceForts Publishing and ServiceForts Business Acad-

METRO 13

Photonews

Motorcyclist, 27, in court for allegedly assaulting policeman Kelani and others beat up and stoned the policeman. They also destroyed his uniform...when Oyedokun, who was on duty as a member of an anti-robbery team in the area, accosted the accused and asked him to produce the papers for his motorcycle

Senior Special Assistant (Political), Delta State Government, Mr. Fred Majemite (left); representative of Delta State Governor/Commissioner for Culture and Tourism, Mr. Richard Mofe-Damijo; son of the late Justus Esiri, Mr. Sidney Onoriode Esiri (Dr. SID) and Justus Esiri’s wife, Mrs. Omiete, during a condolence visit to the family of the late Justus Esiri in Lagos

TWENTY-SEVEN--YEARA OLD motorcyclist, Mamodu Kelani, who allegedly beat up a policeman and tore his uniform, was on Monday charged before an Oshodi Magistrate’s Court in Lagos. According to News Agency of Nigeria( NAN) , “Kelani,

who resides at No. 12, Way Street, Oshodi, is facing a two-count charge of breach of peace and assault. “The Prosecutor, Mr. Kehinde Olatunde, told the court that the accused and others still at-large, committed the offences on February 27 at Olupese Street, Oshodi. He said the accused and the accomplices allegedly assaulted one Sergeant Sarafa Oyedokun, attached to the Divisional Police Headquarters, Makinde in Oshodi, while performing his lawful duty. “Kelani and others beat up and stoned the policeman. They also destroyed his uniform.” “The complainant (Oyedokun), who was on duty as a member of an anti-robbery team in the area, accosted the accused and asked him to produce the papers for his motorcycle. “The accused could not produce any document for

In Jigawa, NSCDC nabs diesel thieves From John Akubo, Dutse HE Jigawa State ComT mand of the Nigerian Security and Civil Defence

Chairman, Ekiti West Local Council, Mr. Ropo Famubode (left); Alara of Aramoko Ekiti, Oba, Oluadegoke Adeyemi, Governor, Dr. Kayode Fayemi and Board Chairman, Ekiti State Community and Social Development Agency (EKCSDA), Chief Ibidapo Awojolu, during the inauguration of 18- Community Development Plans (CDPs) and presentation of cheques to the beneficiaries by the governor in Ado-Ekiti... yesterday

Ladipo Market, Lagos during Governor Babatunde Fashola’s visit in Sunday. (Inset) Lagos State Governor, Babatunde Fashola (SAN) (middle), Commissioner for the Environment, Mr. Tunji Bello (left), Director of Enforcement, Ministry of the Environment, Oluwatoyin Adesina (second right), Chairman, Mushin Local Council, Mr. Babatunde Adepitan (second left) and the President General, Ladipo Central Executive Auto Dealers Association, Ikechukwu Animalu (left) PHOTO: NAN

Corps (NSCDC) has nabbed three suspected diesel thieves in Gumel Local Council of the state. The Public Relations Officer of the Command, Abdullahi Adamu Shehu, disclosed this to The Guardian in Dutse yesterday. The suspects, who specialize in siphoning diesel meant for the supply of water to Gumel metropolis in drums, were arrested by the intelligence unit of the command based on a tipoff. He listed those apprehended to include Yau Sabo, Ubale Zakari and Saidu Yunusa. In a swift reaction, the Jigawa State Commissioner of Water Resources Alhaji Hannafi Yakubu, said he was not aware of the incidence. Yakubu, however, charged individuals, groups and communities in Jigawa State to rise up to the challenge and safeguard all

RENOWNED farmer A based in Otukpo Local Council of Benue State, Mr.

PHOTO: NAN

Briefs Private medical practitioners meet in Calabar March 16 HE Association of General T and Private Medical Practitioners of Nigeria (AGPMPN), will hold its 35th Annual General Meeting (AGM) and International Scientific Conference in Calabar, Cross River State from Wednesday, March 13 to Saturday, March 16, 2013, at the Tinapa Resort, Calabar, Cross River State. It is tagged: ‘Paradise 2013’. A statement by the Vice Chairman, Conference Organising Committee, Dr. Andem Nyong Andem, said over 1000 doctors have registered on-line so far for the conference. The conference, which has the theme: ‘Life Style and Emerging Diseases’, will be preceded by an ultra-sound, BLS and ECG pre-conference workshops. Nyong assured that adequate arrangement had already been made within the venue and Calabar metropolis for accommodation and other logistics. He further appealed to other interested individuals and corporate organizations who are interested in the conference to register in earnest via the event website (www.agpmpnparadise2013.org.)

Vivian Fowler marks World Book Day Thursday

Man killed in his farm V in Benue From Joseph Wantu, Makurdi

Demolition: Scavengers at Ijora, Lagos...on Sunday

water equipment installed by government for their use as their own personal property. “Unless communities and individuals are involved in protecting the equipment on every water plant provided by government, with a view to making potable drinking water available to the entire society, regular water supply will continue to elude the people.” According to him, even the developed world has not yet solved the problem of water completely talk less of the third world nations like Nigeria, urging that the society should get involved in the maintenance of the equipment or facilities, which is mostly the responsibility of the communities, not only the government, the private organizations too, “there is need for water hygiene and sanitation to come in”. He also cautioned communities and individuals who are still in the habit of open space defecation with the attendant consequences to desist from it because of the problem of water-borne diseases.

the motorcycle, which had no number plate,’’ Olatunde alleged, adding that the accused prevented the policeman from carrying out his official duty and raised an alarm shouting “thief, thief.” “The accused called social miscreants popularly known as area boys who came and beat up the complainant and in the process tore his uniform. They also attempted to snatch the policeman’s riffle, ” Olatunde added. The prosecutor noted that the offences contravened sections 166 and 172 of the Criminal Code, Laws of Lagos State, 2011. Kelani, however, pleaded not guilty to the charges. The Magistrate, Mr. Akeem Fashola, granted the accused bail in the sum of N50,000 with one surety in like sum. He adjourned the case to March 25 for mention.

Ofikwu Iyagba, was allegedly killed at the weekend by unknown persons while in his farm. The Guardian investigation revealed that before Iyagba’s death, some unidentified persons who claimed to be looking for farm produce to buy had visited the him on the day of his death. Iyagba, who was said to be preparing for church service on the fateful day, later changed his mind and headed for the farm where he was seized and macheted to death by the unidentified persons. The dastardly killing of

Iyagba was said to have created fear and apprehension among residents of Ogoli most of who sources said were not sure of their safety or who may be the next victim. Reacting to the development, the traditional ruler in the area, Chief Obande of Ugboju condemned the act and tasked security agencies to thoroughly investigate the matter and bring the perpetrators to book. The Divisional Police Officer, DPO for Otukpo local government, Mr. Francis Obinwa, who confirmed the incident, disclosed that the police have begun investigations into the crime even as he said he was on his way to the scene of the crime to see things for himself.

IVIAN Fowler Memorial College for Girls will on Thursday, March 7, 2013 mark this year's World Book Day in line with its commitment towards promoting literacy and reading culture among Nigerian students. The yearly event always feature participation by students of secondary schools, parents and book publishing companies.The events holds.Ruth Osime, Thisday Style Editor will be the Special Guest of Honour.Ms.Lyn Newell, Principal Day Waterman College will also feature as Guest of Honour. Mrs Olufunke Amba, the School Director stated in a statement that the annual event is aimed at educating and raising awareness about good reading culture amongst Nigerian students and creating a learning platform for the students. A major highlight is book reading session by both parents and students and also poetry recitation by the students.

TheGuardian

THE GUARDIAN, Tuesday, March 5, 2013

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 Retirement of two judges HE compulsory retirement of Justices Archibong of the Federal High Court T and T.D Naron of the Plateau High Court is a welcome reminder that the provision and the process exist in the governance of the Nigerian Judiciary to rid it of blemish of any kind. The NJC investigation found Justice Archibong guilty of misconduct in a case concerning a catalogue of charges of multi-billion naira malfeasances against an erstwhile senior banker; while Justice Naron’s misconduct was his being in continuous and illicit telephone correspondence with both a litigant and his counsel in a gubernatorial election petition case. Given the several unfortunate instances degrading the Nigerian Judiciary, proven acts of misconduct by judges sound the death knell on the integrity of every other Nigerian Judge and that of every officer in the temple of justice. Misconduct of any kind in any place is condemnable. All initiatives and sanctions to disinfect the Judiciary, however, have to be conducted with fairness, vigour and thoroughness in line with the hopes raised by Chief Justice Alooma Mukhtar to cleanse the Judiciary. It is indeed intriguing to find that since she assumed office, Nigeria is just seeing the first example of actions against allegedly aberrant Judges. More so, these two examples are not without some questions: The NJC’s announcement, says, inter alia, that Justice Archibong, hitherto officially commended for his competence, was amongst others ... “guilty of procedural irregularities, which showed that the Judge did not have a full grasp of the law and procedure of court”. It is the responsibility of NJC to ensure the competence of judicial appointees and this indictment is a poor reflection of the NJC’s own quality assurance mechanism. Was this judge of several years’ unblemished service not worthy in character and learning in the first place? And how did his performance deteriorate, all of a sudden or with regularity towards such contumely as the NJC has advertised? In the reasons for Justice Naron’s compulsory retirement, NJC highlighted the confirmation of his relationship with politicians and their legal counsel in the Osun State Gubernatorial Tribunal. It is perhaps fair to say his case is comparatively straight-forward and his compromise of judicial neutrality palpable. The question is, would the NJC discern what activates this manner of failure of judgement that renders a sitting Judge so vulnerable to these blatant overtures? In the extant matter, whilst the NJC cannot be expected to read minds and motives but rather to rely on the evidence and materials found at the crime scene, as it were, it is important to caution that in interpreting the actions of these judges, NJC should assure Nigerians that new mistakes in a new direction are not being created: a rush to judgement, accusations without defence and a glee for punishment to satisfy the hounds and mood of the times. Evidence and the process should be scrupulously exhausted, leading to judgement and then the high principles to sanction will be ennobled. Nigeria needs a Judiciary in its pristine form. In the matter of Archibong and Naron, whereas the term ‘misconduct’ may be a subtext for material corruption or euphemism for other despicable acts, NJC should, in the future, endeavour to be specific and exhaustive in its pronouncement on each judicial officer and leave no room for conjectures on its investigation and findings. And since the Council wields the discretion of investigating the power of sanctions, such a model of openness will assist in curbing the frequent allegations of undue grief and graft being viral in the portals of Justice. It must also be stated that no institution can be immune to the ravages of the society in which it exists. At least not forever. In the light of tales of remuneration and pensions for public servants, this may be a good time to counsel that all matters that tend to distract judicial officers or make them susceptible to inducements should be proactively solved. Provisions for housing, even post retirement, personal and family transportation, health care and family education constitute critical facilities to sustain the dignity of a serving Judge. In addition, social security and social welfare schemes may handily be introduced to shield Judges from being unduly influenced as they deploy themselves to impartiality in the discharge of their oath. In a less-than-ideal environment as Nigeria, it is foolhardy to play the ostrich by letting Judges live on the bench by their wits. The NJC must proceed to buffer the personal and material integrity of the Judges and encourage a system that ensures enough comfort for them and discourage immorality on the part of Judges. Finally, it is a paradox of sorts that in the NJC’s recommendation to the corresponding heads of governments that two Judges, Archibong (Federal) and Naron (Plateau), be retired, President Jonathan responded within hours to endorse the retirement of Justice Archibong. This unusual speed draws attention to the other recommendations to him, seven months going, from the same NJC regarding Justice Salami of the Appeal Court, which is yet to be acted upon. Against this background, both the NJC and the President in their conducts must underline that consistency, not selective alacrity, will be a dominant requirement in cleansing the judiciary. Anything less is another terrible misconduct that does greater evil to the temple of justice.

LETTERS

ASUU and her adversaries

IR: The Academic Staff Union SNigeria, of Universities (ASUU), does not seem to be in

the best of times. Some past presidents and other drivers of the union have abandoned it to take up administrative appointments, such as Vice-Chancellor, Deputy Vice-Chancellor, etc., and they use their knowledge of the union to impair the interest of the union; they manipulate the powers that be to exploit the workers without due reward; and even to short-change the academic staff in basic salaries, allowances, and other entitlements. Some self-seeking persons have hijacked the union here and there, and domesticated it; formed a mafia around it and falsify information on what the union members want. How can a right-thinking worker support a union that is not supporting him or her? Well, you know how a mafia works to make its will to be the law. It is to that extent

that ASUU, and indeed the entire Workers Congress of Nigeria, needs liberation. Nigeria as a nation also needs liberation, because she is in bondage in the hands of political predators, using paternalism and divide and rule tactics to attain self-aggrandizement. I feel compelled to sensitize all men and women of goodwill to rise up and fight for ASUU’s emancipation wherever and in whatever way it might be in bondage, and the emancipation of the entire workers in Nigeria. I was born in the second half of the 1950s. From then till now, I don’t know who has fought for Nigeria’s development and the right of Nigerians better than the Nigeria Labour Congress (NLC), apart from the nationalists who fought for Nigeria’s independence from the British colonialists. Don’t ask me what has become of the NLC, because sincerely I don’t know

much. But I know that the Congress became balkanized into the NLC and Trade Union Congress (TUC), and that might have weakened it, since united we stand, divided we fall. Yes, one can always suspect ulterior motives, fifth columnists, etc. as with ASUU. Labour unions must be liberated from the clutches of the administrators. Since most administrators are selfish and controlling huge resources, liberation is not an easy task, but it must be accomplished, towards the emancipation of Nigeria and her workers from the neo-colonialists. Some courageous persons must challenge both the administrators and their tools, that is, compromised “Union leaders”, judiciously. As things stand now, Nigeria’s neo-colonialists are reigning, and Nigeria and her labour forces are miserable. • Pius Abioje, University of Ilorin.

Osun governor’s worthy steps IR: Kindly permit me to commend Osun State Governor, SOgbeni Rauf Aregbesola on his recent trip to the United States where he, among other things, delivered the lecture at the prestigious Whetherhead Centre at Harvard University wherein he discussed the problems in the way of Nigeria’s development. It was widely reported in the media. According to him, ethnicity, poverty, unemployment, lopsided federalism, neo-colonialism and other factors have hampered the country’s development and fuelled the spate of violent ethno- religious

strives in the country and unless these are addressed, the problems would continue to escalate. I am very proud of the governor when I watched him deliver the lecture live on the Internet. He has distinguished himself and he is indeed a great leader. Many governors travel outside the country for flimsy reasons. But our governor was consumed by state service and his itinerary was published every day; he has promptly returned to the country too. It was also reported that he was able to connect with indigenes in the

Diaspora and mobilising them for massive investment at home. I am happy about this. He was also able to showcase his IT initiative, the computer tablet for use in secondary schools called Opon Imo. We were told that the Chief Executive of the city of Pittsburgh has bought into this and has expressed his readiness to purchase the equipment for all the schools in his county. This is an unprecedented development in Nigeria that a white man will emulate a state governor’s idea. • Francis Bamidele, Oshogbo, Osun State.

THE GUARDIAN, Tuesday, March 5, 2013

Business Appointments P27 Tackling challenges in power sector through human capital development Uduaghan signs N472b 2013 budget overnor Emmanuel G Uduaghan, yesterday, signed the Delta State 2013

Governor Emmanuel Uduaghan of Delta State (middle); Attorney-General and Commissioner for Justice, Charles Amajuoritse Ajuyah (SAN) (left); and the acting Clerk of the Delta State House of Assembly, Mrs. Lyna Ocholor; when the Governor signed the 2013 budget into law, in Asaba, yesterday.

Nigeria maintains eight per cent export growth since 2007 By David Ogah IGERIA’S export growth N has been consistent at 8 percent since 2007, according to Maersk Line trade update released in Lagos at the weekend. The country’s trade report released by the international shipping giant said traditional commodities including electronics, cars, food items, chemicals, machinery and paper among other goods covering industrial needs remained the dominant items imported into Nigeria in 2012. The Trade Report also indicated that agricultural products including cocoa, cashew nuts, sesame and cotton dominated the list of containerized commodities exported from Nigeria. “We see very few finished products being exported”, said Managing Director of Maersk Nigeria Limited and Head of the Central West Africa Cluster, Mr. Jan Thorhauge. Thorhauge said in the report that the 2012 containerised import market to Nigeria was estimated to have ended at 383,000 FFE (forty foot equivalent units) which - following the significant 22 per cent

increase observed in 2011 over 2010 “The East Nigerian market outperformed West Nigeria in terms of growth in percentage terms. While the first half of 2012 saw the import market remained above the 2011 level, this changed during the second half of the year where volumes dropped and for the last five months of the year were consistently below the same period in 2011”, he said. Thorhauge said that Maersk Line maintained its position as the leading shipping line operating into Nigeria and – combined with its sister company, Safmarine - command an estimated 38 per cent share of the import market and 32 per cent on the export market. On Nigeria’s trade balance, he said: “The containerised market in Nigeria continued to be strongly dominated by imports, and since 2007 the import/export ratio has remained at about 92 per cent. “Nigeria would be able to positively influence this ratio if obstacles such as unreliable power supply and poor road and rail infrastructure were improved.”

In terms of sourcing, he said Nigeria still imports most of the containerised cargo from the Far East and China in particular. The Maersk Nigeria boss said the sourcing patterns have not changed fundamentally in the last five years even though imports from Europe are seeing a downward trend. “Our expectations for the 2013 import market are conservatively optimistic, and we expect the market to grow by six or eight per cent. The export market is subject to harvest conditions and global market prices, but we foresee an increase of between 8 and 10 per cent in 2013”. Forecasting in general in Nigeria remained a challenge, according to him, adding that 2013 would not be different. “The market development will - as always - depend heavily on unpredictable macroeconomic factors as well as stable oil prices and oil production, security issues in Northern Nigeria, stability in Eastern Nigeria, rate of exchange fluctuations for the Naira etc”, Thorhauge said. He said most of the terminals in Nigeria have made major investments in 2012 in terms

of infrastructure, container handling equipment and terminal management software, adding that these investments, along with the dampened market, have resulted in Lagos ports – for the first time in many years – being congestion free for an unprecedented nine months in a row. “APMT Apapa has in early 2013 initiated the final phase of their expansion plans, and both TICT and Ports and Cargo Handling Services are today operating almost entirely with RTG’s (rubber tired gantry cranes) which has dramatically increased the yard capacity. The average dwelltime days (the time spent between a container being discharged and leaving the terminal) has also gone down by around 40 per cent”. “Irrespective of these improvements, it is expected that the terminal capacity in Lagos ports will be fully utilized within the coming years, and it is essential that steps are taken to find new terminal capacity in order to keep up with Nigeria’s economic growth. Poor road infrastructure outside the terminals and lacking rail services also remain a concern”.

Appropriation Bill into law with a vow to weed out ghost workers and unqualified staff from the civil service system. Dr. Uduaghan signed the total budget size of N472, 006,772,172.00 as passed by the state House of Assembly last month. Breakdown of the budget showed that the state is expected to spend N315, 602,989,563.00 for capital projects, representing 67% while recurrent expenditure is expected to gulp N156, 403,782, 607.00, representing 33 per cent. Describing the budget as a deficit one, Dr. Uduaghan promised to prudently fund projects to accelerate the execution of policies and programmes in order to improve the living standard of the people He also promised to place more emphasis on Capital Expenditure so as to consolidate the massive infrastructure development drive in the state. “We want to do more of Capital Projects and spend less on recurrent expenditure. This is a big challenge, we are setting up structure that will weed out all ghost workers. Indeed we reduced recurrent to 37 per centand

increased Capital to 67 per cent. “For this year we are setting up structures that would ensure that we weed out every ghost worker, and I mean it, we will weed out every ghost worker still in the system. We are going back to our biometrics. “It is also in our interest that we weed out workers that are not qualified from the system. Just sometime last year, we sent a name to the House of Assembly for confirmation as member of the DSIEC board but it was unfortunate that somebody who had retired as a principal did not even have a secondary school certificate. That tells you the kind of people we have in the service.” The governor announced that the state would work hard to improve Internally Generated Revenue emphasising that the goal was to ensure that Internally Generated Revenue would take care of Salaries and Emoluments while the State share of the Federal Account Allocation Committee (FAAC) would take care of Capital Expenditure. He promised to tackle the issues of ghost and unqualified workers in the State Civil Service explaining that Biometric checks would soon be carried out in the state.

THE GUARDIAN, Tuesday, March 5, 2013

16 BUSINESS

Govt initiates new enterprise development, job creation scheme From Ade Ogidan, Business Editor, Abuja HE Federal Government, T yesterday,launched a new enterprise development scheme,scripted to create 3.5 million jobs across the country, through the development of the Micro, Small and Medium Enterprises(MSMEs) sector of the economy. The initiative,christened National Enterprise D e v e l o p m e n t Programme(NEDEP),would have its operations harnessed by the Bank of Industry(BOI),Industrial Training Fund(ITF) and the Small and Medium Enterprises Development Agency(SMEDAN). The Minister of Trade and Investment, Olusegun Aganga,at the formal presentation of the programme in Abuja yesterday,explained that NEDEP was developed with the objective of harnessing the opportunities in the MSMEs sector to drive inclu-

sive economic growth, through skills training and development, job creation and wealth generation. The minister, who spoke during the first stakeholders’ meeting on NEDEP, also added that the Federal Government would set up an SME council, comprising the Federal, State and Local Governments, to streamline and harmonise all SME development activities across the country in order to achieve maximum impact. “If we are going to develop our economy and turn our quantity advantage into productive advantage, one of the most important sectors that we have to focus on is the MSMEs sector. Despite the little support the sector has received over the years,it currently contributes about 75 per cent of Nigeria’s Gross Domestic Product and employs more than 45 per cent of our people. Even developed economies rely heavily on MSMEs for job creation, wealth generation and inclu-

sive economic growth. “The National Enterprise Development Programme is an initiative spearheaded by the Federal Ministry of Trade and Investment and its three parastatals - the Bank of Industry, Small and Medium Enterprises Development Agency of Nigeria and the Industrial Training Fund. “ This is the first time ever that these three parastatals under my ministry are coming together to develop and implement a programme that will revolutionise the growth of the MSMEs sector in Nigeria,”he said. Aganga pointed out that the development of NEDEP was guided by similar enterprise development models in Asia, Africa and the One Local Government One Product (OLOP) pilot projects in Kano and Niger states. “ Our objective is that within the next two years of imple-

menting NEDEP, the programme will generate 3.5 million jobs and an estimated five million direct and indirect jobs”,he added. In order to ensure the successful implementation of the programme, Aganga said that the Ministry of Trade and Investment was partnering 17 state governments to provide specialised training and access to cheap funds that will enable more MSMEs to increase their capacity , create jobs and generate wealth. He noted that the Ministry of Trade and Investment had already set up a monitoring and evaluation team, which would work with the National Bureau of Statistics to verify and validate all data relating to the number of jobs that would be created through NEDEP. “Already, we have the support of 17 state governments that have been working with BOI,

ITF and SMEDAN, in the area of MSMEs development, skills training and acquisition, as well as business services development. “Part of our strategy is to create new clusters of businesses based on competitive and comparative advantages already identified through the One Local Government One Product initiative and raw materials mapping in the 774 Local Government Areas of the federation. In addition to this, unemployed youths will be recruited and trained as volunteers in all the 36 States and the Federal Capital Territory,”he said. Speaking during the event, the Minister of Youth Development, . Inuwa AbdulKadir, commended the Ministry of Trade and Investment for its NEDEP initiative and for carrying all relevant stakeholders along,

adding that the Youths Development Ministry would collaborate with the trade and investment ministry to ensure the successful implementation of the programme. He said “I must commend the Minister of Trade and Investment for this laudable initiative and for carrying all relevant Ministries, Departments and Agencies of the government along. Over the years, there has been a serious missing gap in terms of coordinating MSMEs’ activities and job creation efforts by MDAs. As a result of this, little has been achieved. “Therefore, there is a need for greater collaboration between MDAs and I am happy to partner the trade and investment ministry as part of the Federal Government’s integrated approach towards addressing the problem of youth unemployment.”

Workers resist govt’s plan to concession harbour services From Collins Olayinka, Abuja FTER seven years of sucA cessful concession of Nigerian port terminals, the government is planning to concession harbour servicespilotage and towage-which hitherto were provided by the Nigerian Port Authority (NPA). But the Maritime Workers of Nigeria is resisting the attempt, saying it will compromises the country’s security, beside sparking off another round of retrenchment by the NPA, which sacked over 6,000 workers at the conclusion of the first phase of port reform in 2006. The President of the Union, Anthony Nted said in Abuja

yesterday at the quadrennial delegate conference of the union that concession of the vital service was being conceived to serve the interest of a few Nigerians in order to increase the hardship among port workers in the country. “The current threat of further privatization of the remaining functions of Nigerian Ports Authority is unacceptable, anti-society and unpatriotic. Ten years ago between 2001 and 2002 the operational services of the NPA were concessioned to private operators. “The exercise rendered over five thousand direct employees of NPA jobless, about four thousand dockworkers were retrenched and over three

thousand employees of shipping companies who had their operational base in the concessioned areas were declared redundant. In effect, over 12,000 Nigerians lost their source of livelihood. “The current threat of privatization of the harbours services, pilotage and towing services in NPA is in a very bad faith. Those agitating for this are doing so purely for selfish reasons. Can we afford a repeat of such vicious circle of mass retrenchments and the negative consequences as experienced ten years ago? Can we afford to ignore the serious national security implications of handling over harbours and pilotage services in Nigeria territorial waters to private concerns?” Nted also decried the establishment of tank farms near seaports and residential areas saying such act could endanger the lives of the people. “These tank farms attract the clustering of petroleum

The exercise rendered over five thousand direct employees of NPA jobless, about four thousand dockworkers were retrenched and over three thousand employees of shipping companies who had their operational base in the concessioned areas were declared redundant. tankers in such areas and often overflow into major highways and feeder roads. Free flow of traffic in such areas is often hindered. Tin Can Island Apapa area is one of the worst affected. Recently there was an explosion near one of the tank farms, which shook the foundation of most buildings in Apapa. One wonders what could have become of Tin Can Island Port and Apapa community if it had been one of the petrol tanks that exploded. We therefore call on the authorities to urgently initiate the relocation of these tank farms for safety reasons,” he stated.

THE GUARDIAN, Tuesday, March 5, 2013

BUSINESS 21

THE GUARDIAN, Tuesday, March 5, 2013

Aganga advocates emergence of Nigeria as producer nation From Isa Abdulsalami, Jos HE Minister of Trade and T Investment, Dr. Olusegun Aganga, has expressed the need for nigeria to emerge a producing nation using its “quality advantage.” Aganga, who was at the headquarters of the Industrial Training Fund (ITF), Jos for the commissioning of it headquarters annex and ICT training centre yesterday said demography was on the side of the country which he said will become third largest in the world, after China and India, by the year 2070. “Nigeria has “quality advantage…we need to turn the quality advantage into productive advantage. “That is why ITF is critical to the success of this country. Each one of you seated here is important in this country. You may not realise it; you are privileged to be sitting where you are because God has placed you in a place to make a big difference in this country, to help us transform our quantity advantage to productive advantage. “And the only way you can do that is through education, skills acquisition. Your job is to help us acquire the industrial skills. That is why we need a reformed, a new, a transformed ITF.”

Why we survived harsh business environment last year, says Toyota Nigeria OYOTA Nigeria Limited T said the goodwill of its customers and dealers dedication made the company to survive the hurdles which characterized the nation’s business environment last year. The company said such hurdles include; fuel subsidy crisis, flood disaster, security issues and sundry fiscal challenges. Its Chairman,Micheal AdeOjo,who disclosed this at the company’s award night in Lagos over the weekend,said in spite of the challenges his company remained focused and resolute. “This modest achievement was made possible by the immense goodwill of our customers and the dedication of our dealers’’. Ojo said during the year in view,his company introduced key models into its line up. “While we increased our model portfolio by introducing the Fortuner in the fabric seats and leather seats versions,we also brought in the Hilux automatic transmissions to complement the Hilux model range. Similarly, the Avanza also underwent a full model change’’. He also said his company expanded its scope of its operations through its ultra-modern facility, contributed immensely to education development as well as impacted the society with its corporate social responsibility. He disclosed that his company will introduce new models into the market this year in line with its philosophy to serve customers with innovative products. ‘’Let me quickly mention that some new models in our line up will be launched this year, beginning with the New Generation Rav 4 which will

He said it was pleasing to see a team that is working in harmony, adding that it was critical to success as “nobody is an island to himself.” “If we want to move as a nation, from a poor nation to a rich nation, we have to do that through industrial development and development in some services sectors. No country has been able to move from being a poor nation to a rich nation only by exporting raw materials. When you export raw materials as we have done for decades, you export crude oil then they process it, they create jobs, they bring it back to you, then you buy it at premium; it doesn’t make sense.” Earlier in his welcome address, the Director-General of ITF, Prof. Longmas Sambo Wapmuk, said that the minister’s initiative of National Industrial Revolution Programme was being implemented by the ITF using the National Industrial Skills Development Programme

(NISDP). Wapmuk said that given its laudable goal and objectives, the NISDP will not only help in reducing unemployment but will contribute in no small measure to wealth creation, poverty reduction and enhance national security. According to him, the ITF was working hard to establish 37 Industrial Skills Training Centres, one in each state and the Federal Captial Territory with six centres of Advanced Skills Training for Employment (CASTE) for skills broadening and up-grading. “We also envision the establishment of three Specialised Centres for Culinary Skills (SCCS) to develop skilled personnel for the hospitality and tourism sector. In addition, Sector-Specific Skills Training Centres will be established to cater for the skills need of Manufacturing, Agric-Agro Allied, Construction, and other critical sectors of the Nigerian Economy,” he stated.

Company Secretary, International Breweries Plc, Mr. Muyiwa Ayojimi (right); Head, Legal and Regulatory Division, the Nigerian Stock Exchange, Mrs Tinuade Awe; and Company Secretary, Nigerian Breweries Plc, Mr. Uaboi Agbebaku at the Nigerian Stock Exchange training on the new Issuer’s Portal Test for select Public Liability Companies in Nigeria on February 28, 2013 in Lagos

THE GUARDIAN, Tuesday, March 5, 2013

Appointments Tackling challenges in power sector through human capital development

Jonathan

By Yetunde Ebosele USTAINED human capital development has been identified as a viable avenue through which Nigeria can successfully tackle various challenges in the power sector. At the maiden edition of Nigerian Institute of Management lecture held in Lagos, recently, guests also identified adequate planning and commitment on the part of all stakeholders as the only way to achieve the widely publicised vision 20:2020. Vice-Chancellor, University of Lagos (UNILAG), Professor Rahamon Bello, who was the guest speaker at the event tagged: “Nigeria: Arise and Shine”, said low human capacity in the power industry should be addressed. Speaking on the theme of the lecture: “Appraisal of Vision 20:2020: Perspective of Power Generation and National Development”, Bello said to address the human capacity challenges, the proposed National Power Training Institute, similar to the Petroleum Training Institute, which was set up to take over the operations of the existing training schools of Power Holding Company of Nigeria (PHCN) should be enhanced. According to Bello, the institute should be adequately funded to discharge its mandate, pointing out that development of the specific highlevel skill requirement should immediately commence so as to be able to meet the needs of the sector, when fully open to the private sector. The Vice-Chancellor, also used the opportunity to sound a note of warning: “Full advantage should be taken not to repeat our experience with the oil and gas sector and ensure the jobs available will be taken by Nigerians.” Bello who spoke on sundry issues said power is critical

Bello

to economic growth and development. “The adequate provision of power is essential for national development as it has a great influence on socio economic activities as well as the living standard of citizens”. He added: “Vision 20:2020 therefore recognized that for the Nigerian economy to become one of the top twenty in the world, it has to generate and make available to its citizenry adequate power for economic and social purposes. “The desire of Vision 20:2020 was and is to increase the power production to meet the demand progressively; utilizing all forms of available energy resources in the country. “Most of the power sector infrastructural facilities in Nigeria were built in the 1970s and 1980s. Due to lack of maintenance and adequate expansion of the facilities, the country has had to live with epileptic and limited availability of electricity supply. “In spite of the abundant energy resources in the country and significant Government investments in the sector over the last ten years, electricity supply remains a serious challenge to Nigeria’s socio-economic development. “Currently, less than 50 per cent of the Nigeria’s total population has access to the national grid due to inadequate transmission and distribution networks. Also, ageing and poorly maintained infrastructure, weak ion and

radial network configuration and overloaded transformers, result in frequent system collapse, high transmission and distribution losses and poor voltage profile”. In his address, Lagos State Governor, Babatunde Fashola said power generation and its distribution have been of concern to many Nigerians “because power is central and key to growing the economy. Represented by Head of Service, Adesegun Ogunlewe, Fashola said power generation and distribution has been of concern to many Nigerians because Power is central and key to growing the economy. “The question we have to ask ourselves at this forum are: How do we achieve this vision? What do we need to do as citizens? What do we need to do as government? What do we need to do jointly and severally to have regular power supply that will drive our economy? Has the over-centralisation of power at the centre helped us as a nation or it has retarded us! Is it in tandem with Federalism as practiced in other climes? “May be we need to address fiscal Federalism that will allow each federating unit the elbow room and wherewithal to develop at its pace. We need to have the same challenges; neither do we have the same resources available to meet our aspirations. A situation where the Centre sits on more than 50

The question we have to ask ourselves at this forum are: How do we achieve this vision? What do we need to do as citizens? What do we need to do as government? What do we need to do jointly and severally to have regular power supply that will drive our economy? Has the over-centralisation of power at the centre helped us as a nation or it has retarded us! Is it in tandem with Federalism as practiced in other climes?

Olawale-Cole

per cent of resources while the federating units and local governments that are closer to the grass root depend on the ‘crumbs’ or benevolence of the Centre is not encouraging,” said Fashola.

In his address, President and Chairman of council of the Institute, Chief Michale Olawale-Cole, said the Institute is strongly convinced that it will take the action of both a committed government and a responsi-

ble followership to move Nigeria to the desired destination. “In as much as government is expected to do all within its powers at all times to meet

CONTINUED ON PAGE 29

28 APPOINTMENTS

THE GUARDIAN, Tuesday, March 5, 2013

NIMC to register legal foreigners, 167m Nigerians with NIN project By Adeyemi Adepetun HE National Identity T Management Commission (NIMC) has expressed its readiness to begin the enrollment of Nigeria’s 167 million citizens and legally resident foreigners in the country in the planned National Identity Number (NIN) project. NIMC, which informed that the enrollment would begin by second quarter of the year, disclosed that about 33 states in the country have been provided with 10 enrolment centres, while states including Lagos, Abuja and Bayelsa would have about 20 enrollment centres. According to the DirectorGeneral of NIMC, Dr. Chris Onyemenam in Abuja recently, during a facility tour of the commission’s National Identity Management System infrastructures located at its head office in Abuja and its Data Recovery Centre in Minna, Niger State, said in the past, Nigeria had focused on issuing just Identity cards, but the primary mandate of NIMC according to him was not to just issue ID cards but to issue National Identity Numbers to duly registered persons in the country. NIN is a non-intelligent set of uniquely assigned numbers to individuals upon successful enrollment. Onyemenam explained that the enrollment consists of the recording of an individual’s demographic data and capture of 10 fingerprints, head-to-shoulder facial picture and digital signature, which are all used to crosscheck existing data in the

National Identity Database to confirm there is no previous entry of the same data. Though the pilot exercise on the scheme started in Abuja on February 23, 2012, Onyemenam said the pilot exercise phase has been extended to each state and to the 774 local government areas, adding that the nationwide enrollment will commence before the end of June. “By the end of second quarter of 2013, we expect the actual nationwide enrollment exercise will be launched by the Presidency. From the time it is launched, it is our target to have hit 100 million enrollments in 30 months”, he stated. According to him, after the enrollments, the NINs would be issued. “This will be followed by the issuance of cards that are Chip & PIN-based design and embedded with more than 18 security features, making it difficult for the cards to be cloned by fraudsters. “We are not perfect but we are completely in compliance with necessary International Standard Organisation (ISO) and ICAO certifications. But we have made much effort to ensure that the cards are not easily forged. And we have foreign partners who are helping also in that regards”, he stated. The NIMC boss explained that should the holder of the card misplaced or it got damaged, say as a result of fire or others, “the holder, after confirming that we have his or her identity in our database will be issued a new one, but such would attract a

small fee. “The first one to be issued are going to be free, but subsequent demand, after that person must have been issued one before, that person will pay a token to get a new one. The Federal government said the first issuance should be free. The cards have 10 years life span.” Onyemenam, who said over 100 million Nigerians live without an official iden-

tification means, stressed that 75 per cent of identity documents in the country are fake. “This is the reason why the Federal Government is keen on given Nigerians NIN, which make us identifiable. “Apart from NIN helping in the area of security, it will provide a solid identity for economic growth, especially through e-payments; boosts education; improve agricul-

ture among others”, he stated. According to him, the project will be sustained through Public Private Partnership, stressing that the Front End Partners in the project are expected to come up with the needed modality that will ensure the success of the project. He disclosed that the Federal Government had in September 2011, provided the

commission with N30.6 billion, which is a three year funding approved to accelerate the implementation of the back end component of the National Identity Management System (NIMS), “but we have been able to utilize the funding that we have got so far judiciously to achieve a higher upgrade of infrastructure that we have on ground and set for production.”

Mr. Felix Adepinye (1st in Service Technician category), the Group General Manager (Aftersales) Mr. Vasant Reele, Mrs. Amaka Chijioke-Okeke (1st in Service Advisor category), the Group Managing Director, Coscharis Group, Mr. Josiah Samuel, Miss Ifeyinwa Onyemelukwe (2nd in Parts Counterperson category), displaying plagues won at the Ford Service Excellence World Cup held recently in South Africa.

THE GUARDIAN, Tuesday, March 5, 2013

Appointment 29

Tackling challenges in power sector through human capital development CONTINUED FROM PAGE 27 the yearnings and aspirations of the governed, the governed should not only support the government but equally speak well and positively of the country and its leadership always. “We have no other country to call our own and since we all recognise that Nigeria is a ‘work in progress’, we have to continue working on it until we get to the Promised Land. “Speaking ill of our country and castigating our leaders will not do the magic; working hard on ways to get out of the doldrums together would. This is the stand of our Institute because Nigeria will surely rise and shine again”, said Olawale-Cole. Explaining further, he said: “Like contained in the widely publicized New Year message of the Institute to the nation, government at all levels should support the citizenry by providing adequate security; fighting corruption and other social vices; reducing the cost of governance; engaging in massive infrastructural development; diversifying the economy, and investing in and involving the private sector in governance among others. “On the other hand, the citizenry should reciprocate government’s gesture by supporting it through patriotism; speaking positively about Nigeria and praying for it always; giving unalloyed support to and cooperating with government; belief in leadership; shunning terrorism; promoting religious tolerance; co-existing peacefully; shunning corruption and other social vices and embracing national re-orientation. “We believe that if Nigerians, irrespective of their tribes, tongues and political affiliations, support government as it tries to tackle headlong the numerous challenges besetting the country, the economy would be stimulated and we would be in a position to move closer to our developmental goals. “The theme of this inaugural lecture, Appraisal of Vision 20:2020: Perspective of Power Generation and National Development, was deliberately chosen to look at the issue of power generation which is a key aspect of the Transformation Agenda of the Federal Government as encapsulated in Vision 20:2020. “We believe that once the issue of power generation and distribution is resolved, the nation’s firm match to greatness will be guaranteed. It is a common knowledge that Nigeria has been backward in the areas of successful start-up businesses, Small and Medium Enterprises (SMEs) and industrialisation generally, which are the core catalysts for real national development due to poor power generation. “Many companies have continued to operate at just break-even point and below installed capacity while the ones that cannot cope under the harsh operating climate occasioned by ever-mounting overhead costs have since closed shop or relocated to smaller neighbouring countries where there is steadier power supply”. Bello said the policy thrust of the medium term plan envisages a power sector that efficiently delivers sus-

tainable, adequate, qualitative, reliable and affordable power in a deregulated market while optimising the on, off grid energy mix and a technologically driven renewable energy sector that “harnesses the nation’s resources to complement its fossil fuel consumption and guarantee energy security”. He explained that the key strategic objectives for the first medium term Implementation Plan (2000 – 2013) were as follows: *To increase generation, transmission and distribution capacity for adequate and sustainable power supply. Generation of 16,000MW by 2013 was envisaged; *To have an optimal energy mix of Gas fired plants 12,730MW, Coal 900MW, Nuclear 0MW, Hydro 2250MW with other renewable i.e. wind 10MW, Solar 10MW and Biomass that can give a total of 16,000MW by 2013 - using appropriate technologies; *To encourage local production of inputs for Power sector development using local materials; *To reduce wastage of electricity by promoting efficient practices through introducing demand side management, publicity, encourage use of energy saving equipment; *To promote effective utilization of coal to complement the nation’s Power needs and ensure the much-needed

Registrar /Chief Executive ICSAN, Mr. Dele Togunde with President /Chairman of Council ICSAN, Mr. Tunde Busari, and President/Vice Chancellor Babcock University, Prof. James Kayode Makinde during the signing ceremony of a Memorandum of Understanding (MoU) at Babcock University, Illshan Remo, Ogun State recently. Power generation mix; *To harness a significant contribution of hydropower potential for electricity generation with the mini and micro hydropower schemes developed for electricity extension to rural and remote areas; *To ensure a significant contribution of the wind energy to electricity generation mix

in the areas feasible and *To make effective use of the solar energy resources for electricity generation, particularly in the rural and remote areas. On the way forward, Bello explained at the event attended by captains of industry, economists among others that though the first medium term for the vision

is virtually over, “all hope is not lost with the power sector”. He added: “Noting the socio-political terrain and the usual attitudes towards government programmes, a lot of progress has been made in the implementation plan for the power sector. “The major bottleneck has to do with the unbundling of

PHCN, which has taken the whole of the first medium term and all is yet to be fully achieved. “The recent release of funds for the PHCN pensioners as well as the conclusion of the transfer of some of the Gencos to the private sector may just set the pace for an accelerated development in the sector”.

THE GUARDIAN, Tuesday, March 5, 2013

Appointments 31

THE GUARDIAN, Tuesday, March 5, 2013

Agency to manage varsity workers’ pensions underway, says Babalakin RO-CHANCELLOR, P University of Maiduguri, Dr. Wale Babalakin has said that the issues associated with the management of pension of university staff would soon be a thing of the past. Babalakin disclosed that the government had created a body, Nigerian University Pension Management Company (NUPEMCO) to address the problems associated with the administration of the pension of university staff. Healso disclosed that government was taking steps to address the accommodation problems being faced by students of federal universities across the nation. Answering questions from journalists after inaugurating a new hotel constructed by UNIMAID in Abuja on Thursday, the Pro-chancellor stated that the facility was built within 18 months without indebtedness to anyone at a cost of N471,218,099.89. He explained that arrangements had been put in place to ensure that the hotel was well managed and main-

tained by a private firm, adding that the university would not be involved in its management to avoid being distracted. “We are not in the business of running hotels, and we don’t want to be distracted, so it will be given to a private firm to manage so the university can get good returns on investment,” the pro-chancellor explained. Babalakin said that a committee had been set up to ensure that UNIMAID gets good returns from the investment, describing the project as an attempt to generate revenue for the institution as was the case with all universities in other parts of the world. He further disclosed that the university council created avenues for revenue generation for the school to meet its financial needs, adding that the institution has built a new Faculty of Clinical Medicine as well as a College of Dentistry. He said that his council had built a new Faculty of Education and addressed the high student population by

IoD hosts Chief of Army Staff HE Institute of Directors T (IoD) Nigeria will on Thursday, March 7, 2013 host

the Chief of Army Staff Lt. General Azubuike Ihejirika at a luncheon in Lagos. Ihejirika will deliver a speech on the “Role of the Armed Forces in economic development.” A statement by the President and Chairman of Council, IoD Nigeria, Thomas Awagu noted that the forum is important to the IoD members, as an institute that remains one of Nigeria’s leading economic policy and corporate governance advocacy institutions

– championing and consistently promoting innovative policies aimed at fostering open and continuous dialogue on Nigeria’s economic development. He said: “It is expected that an event of this nature will enable directors and all stakeholders to share thoughts on the theme and facilitate the implementation of an economic agenda that fosters growth and good governance development.” The event holds at Eko Hotel and Suites, Victoria Island, Lagos, starting from 11.30am.

constructing a 1000-seater hall while a 2000- seater hall was built for other students. Babalakin stated: “ The issue of accommodation problems in universities will soon be a thing of the past because the new body estab-

lished by the federal government has been working to build residential halls in the campuses. In Maiduguri in spite of the Boko Haram challenge, we have completed various projects, including a radio station that will soon be

competing with other media outfits in the country.” Babalakin, who is the Chairman of the Bi-Courtney Group, revealed that the university now enjoys power supply 20 hours every day. The Vice-Chancellor of the

university, Prof. Mohammed Daura lauded the council for its vision and for working closely with the institution’s management to ensure that UNIMAID becomes one of the leading schools in the continent.

THE GUARDIAN, Tuesday, March 5, 2013

34 Appointments

Govt pledges to reduce unemployment through SURE-P

Board confirms Olaniawo as CEO of Evans Brothers Publishers

From Victor Olushola, Calabar

HE Board of Directors of T Evans Brothers (Nigeria Publishers) Limited at its

HE Federal Government has pledged to reduce unemployment in the country through the Subsidy ReInvention Programme (SURE-P). According to the special assistant to the President on Job Creation, Josephine Washima, it was also time entrepreneurship replaced job creation in order to change the mindset of graduates in the country. Washima who spoke at a SURE-P Youth Empowerment and Employment Retreat in Calabar, Cross-River State advised graduates to think as entrepreneurs and not job seekers Speaking on the theme: ‘Create, Connect and Collaborate for Empowerment’, Washima urged schools across the country to help structure the mind of graduates towards thinking as entrepreneurs and not job-seekers, adding that unemployment rate in Nigeria is increasing upwards, growing at 16percent per year. She said in-line with the SURE-P objectives, the office of the special assistant to the President on Job Creation has mapped out some activities, which include Job Creation, one million leaders and resume writing workshop, amongst others. Explaining further, she said SURE-P means subsidy reinvestment program, insisting that the savings the

government is making from the partial removal of fuel subsidy would be reinvested in programs and initiatives to empower Nigerians Washima said: “The program is inclusive and that is the reason we are in Calabar for everyone to have a word on how Sure-P could work.

What causes failure is if you failed to carry people along or you feel you know all. Try to learn what you don’t know from people that know; share your knowledge and interact with people, and this is what SURE-P is doing”. She added that SURE-P is an intervention programme,

It could only help in solving some of the challenges of unemployment in the country. This women and youth empowerment retreat is the right thing to do because it gives people the voice

pointing out that it cannot shoulder all the problems of Nigeria. “It could only help in solving some of the challenges of unemployment in the country. This women and youth empowerment retreat is the right thing to do because it gives people the voice,” She said. The Convener, Community Services Women & Youth Employment (CSWYE) Committee, Audu Maikori, urged the media to always project the positive things in the society.

From Iyabo Lawal, Ibadan

recent meeting confirmed the appointment of Mr. Wale Olaniawo as Managing Director/Chief Executive Officer of the Company. The Board also appointed Mr. Lukman Dauda as an Executive Director. The New Managing Director is a seasoned Marketing Executive and an Administrator with diverse experience spanning about

Commonwealth Scribe visits Nigeria From Mohammed Abubakar, Abuja HE Secretary-General of T the Commonwealth, Kamalesh Sharma will pay an official visit to Nigeria from 4 to 7 March, his second as Secretary-General The visit by the scribe to Nigeria is coming just few days ahead of the historic lunch of the Commonwealth Charter to commemorate its annual Commonwealth Day on March 11. In a statement mailed to The Guardian from the Commonwealth Secretariat, in London while stressing the importance of the visit to Nigeria, the Director of Communications and

Public Affairs, Richard Uku said, “Nigeria is a founding member of the Commonwealth and plays an important leadership role in Africa. It is appropriate that the SecretaryGeneral consult with Nigeria as preparations for the Commonwealth Heads of Government Meeting are made.” “This is a consultative visit ahead of November’s Commonwealth Heads of Government Meeting (CHOGM) in Colombo, Sri Lanka. It will enable the Secretary-General to consult with the Nigerian President and senior officials on national, regional and international preoccupations. It will also allow him to be

informed of Nigeria’s priorities ahead of CHOGM.” The statement added that Nigerian President Goodluck Jonathan; Senate President, David Mark and Speaker of House of Representatives, Aminu Waziri Tambuwal, would receive Sharma in audiences. “Other likely meetings are with the Nigerian Foreign Minister, Ambassador Olugbenga Ashiru, Finance Minister Ngozi OkonjoIweala, Youth Development Minister Bolaji Abdullahi and the Chairman of the Independent National Electoral Commission, (INEC), Prof. Attahiru Jega “For the first time in the Commonwealth’s 64-year

history, all Heads of Government have agreed to adopt a Commonwealth Charter. This historic document sets out the Commonwealth’s core values to which leaders have committed to uphold. It brings to fruition one of several recommendations of the Commonwealth Eminent Persons Group, aimed at sharpening impact, strengthening network and raising the Commonwealth’s profile. “The theme for Commonwealth Day 2013 is ‘Opportunity through Enterprise’, which encourages creativity, a can-do spirit and hard work. It especially recognises unlocking the potential of young people in this endeavour.”

three decades in the book and publishing industry. He had served as the Commercial Manager and also as General Manager (Marketing & Sales) at one time or the other before his appointment into the Board as an Executive Director in 2007. He has travelled far and wide and attended various seminars and workshops on publishing matters both within and outside Nigeria. Olaniawo attended the University of Wisconsin, Madison, United States of America (USA), where he got his B.sc. and MBA in 1981. Dauda Joined the company over two decades ago and had served in some capacities before he became the Chief Accountant and Company Secretary, the position he held before his new appointment as an Executive Director (Finance and Admin). He is a 1989 graduate of Accountancy from the Polytechnic, Ibadan. He is a Chartered Accountant and a fellow of both the Institute of Chartered Accountants of Nigeria, (ICAN), and Chartered Institute of Taxation of Nigeria, (CITN). He is a member of the Nigerian Institute of Management and holds a Master of Business Administration, MBA from the then Ondo State University, Ado-Ekiti, now University of Ado-Ekiti.

THE GUARDIAN, Tuesday, March 5, 2013

Labour Court rules against NLC over sack of employee From Collins Olayinka, Abuja HE National Industrial T Court (NIC) has come down hard on the Nigeria Labour Congress (NLC) for flagrant abuse of its own constitution and that of the country in the ill treatment of its workers. Ruling on a case brought before it by an Assistant General secretary who acted as the Acting Head of information and Public Relations department of Congress between september 2009 and March 2011, Onah Iduh, for unlawful termination of his appointment, the President of the NIC, Justice Babatunde Adejumo, said the NLC acted in bad faith and contrary to all it has always stood for. This judgment is the second in less than two months that the NIC is indicting the NLC for

Osun blames parastatals, agencies for nonpayment of salaries From Tunji Omofoye, Osogbo sUN state commissioner O for finance, Dr. Wale Boluwaduro has explained the reasons for the delay in payment of January salary to the state house of assembly workers. Bolrunduro, who was summoned recently by the lawmakers, explained that failure by some government agencies and parastatals to ensure workers in their establishment took part in the ongoing biometric data gathering was partly responsible for late payment of emoluments. He told the parliament that the Bureau of Computer unit was still operating its system manually adding that his ministry had directed experts hired by the government to assist officers in the bureau to enhance efficiency. The commissioner dispelled the rumour that the state government was broke saying that inability by concerned government establishments to furnish necessary details to facilitate processing of fund was responsible for late payment of January salary. He said some worker’s names were omitted on the payment voucher forwarded to his office, pointing out that appropriate sanctions had been recommended for the agencies and parastatals concerned. Bolrunduro noted that public servants were yet to come to terms with modern demands of administration stressing that concerned heads of units ought to have taken up the non-payment of some workers in the establishments. He allayed fears on the controversial non-remittance of workers contributory pension saying the government was working assiduously to ensure propriety in the running of the scheme. He also briefed the assembly on the effort by the state government to enhance workers welfare stressing that governor Rauf Aregbesola had approved about 70 per cent increase in car loan to all category of workers.

violating the rights of its employees. Earlier in January, the court gave a judgment that re-instated John Odah who was removed as General secretary of NLC in May 2011. Onah had approached the court for a declaration that the termination of his appointment on May 24, 2011 based on an alleged re-organisation was a ruse and therefore unlawful. He asked the court for damages up to the tune of N10 million. In the judgment, Justice Adejumo ordered the NLC to pay Onah two years salaries as general and aggravated dam-

ages as well as an order for the payment of three months salaries in lieu of notice to which the claimant is entitled. The NIC President further ordered that Onah be paid all other entitlements due to employees of the NLC within the last two years and awarded 10% interest on the judgment sum from the date of the judgment until when it is fully liquidated. Justice Adejumo lampooned the NLC for its contempt for both its own constitution and the 1999 Constitution of the Federal Republic of Nigeria. His words: “The appointment

of the claimant herein was summarily determined in flagrant disrespect and disregard of cardinal principles of the conditions of service of the claimant as contained in the constitution and conditions of service of the first respondent (NLC). The protection of fair hearing accorded the claimant was contemporaneously jettisoned, thus infringing the claimant’s fundamental rights as guaranteed by the 1999 constitution of the Federal Republic of Nigeria and made part of the conditions of service of the claimant,” the NIC

President said and added: “This Court cannot, and will not, encourage a situation whereby the constitution of this country is treated with contempt or where the constitution of an organisation is treated with contempt. It has a sacred duty to protect and promote its observance. I agree with the claimant (Onah) that his feelings have been affected negatively by the actions of the respondents (NLC and its president, Abdulwahed Omar) in this case more so when his appointment was terminated based on a false reason.” Justice Adejumo declared that

Onah successfully proved his case that his appointment was unjustly terminated. He explained: “Flowing from the fact that the appointment of the claimant was wrongfully terminated on the basis that the reason given for the termination was found to be false and that the appointment was not determined in accordance with its (NLC’s) conditions of service, the claimant is entitled to damages.” Reacting to the judgment, Onah expressed happiness that justice eventually triumphed over impunity.

THE GUARDIAN, Tuesday, March 5, 2013

Labour 39

THE GUARDIAN, Tuesday, March 5, 2013

Govt, unions’ dialogue over research workers strike deadlocked From Collins Olayinka, Abuja HE end to the on-going T strike action by workers in research institutions in the country may be far from being over. The Guardian learnt in Abuja at the weekend that while government officials want the workers to suspend the strike action to allow President Goodluck Jonathan sign a memo that seek to

address the issues in contention, the unions on their part said mere presenting a memo to the President is not strong enough to convince the striking workers to suspend the action. The parley, which was at the instance of the Minister of Labour and Productivity, Chukwuemeka Wogu, involved representatives from the Non-Academic Staff Union of Educational and

Associated Institutions (NASU), Senior Staff Association of Universities, Teaching Hospitals, Research Institutes and Associated Institutions (SSAUTHRIAI), Academic Staff Union of Research Institutions (ASURI), ministries of Agriculture and Rural Development, Environment, Science and Technology and Salaries and Wages Commission. The issues in contention include one year arrears of salaries between July 2009 July 2010; demand for 65 years retirement age; establishment of coordinating body for research institutions; funding of research institutes; earned allowances

and skipping of salary grade level 10. Speaking on the outcome of the meeting, the spokesman of the three unions, Peters Adeyemi, said the strike would continue because the memo to the President is not convincing enough until it is signed and the content strong enough to address the issues in disagreement. His explanation: “Government delegation told us that they have done and forwarded a memo to Mr. President for signature. In view of the attention the memo is receiving from the President, they then advised us to suspend the strike, as the continuation would be

seen as unduly pressurizing the President. We even asked if they could tell us how long the memo would take but could not say. But we then said we cannot suspend the strike because that was not the agreement we had last year when government pledged to implement the agreement within 60 days. “We said the strike have to continue until the memo is returned signed by the President. At any rate, the signing of the memo by the President does not translate into solving all the problems at once. But the signing of the memo would assure us that the necessary machineries could be put in place within a

short period of time to address the areas of disagreement. We cannot go back to our members to tell them to suspend the strike simply because a memo is pending before the President.” Adeyemi, who is also the General Secretary of NASU, added that the three unions would report back to the relevant organs of respective unions to determine what the next character of the strike would take. While blaming the strike on government inactions and insensitivities, Adeyemi said the unions would resist any attempt by government to stop the salaries of the striking workers.

THE GUARDIAN, Tuesday, March 5, 2013

Business 43

Telecoms operators oppose auction of reserved frequency spectrum By Adeyemi Adepetun ELECOMS operators including Spectranet, T Direct-On-PC and Mobitel, which currently occupy the 2.3GHz frequency spectrum and other concerned stakeholders yesterday opposed auction of the remaining portion of the 40MHz bandwidth in the band to a new telecoms firm.Instead, the telecoms firms have asked the Nigerian Communications Commission (NCC) to allocate 10MHz extra spectrum frequency to each of them. They said they were willing to negotiate and pay for this additional spectrum frequency.The remaining 10MHz, the mobile operators said, would be used as guard bands in order to stop interference - a major technical issue significantly impairing delivery of efficient broadband services.

These operators argued that the new frequency would assist them in expanding their services beyond the present level besides boosting the affordable broadband services to consumers in the country to deepen internet penetration. Speaking in Lagos at the NCC organized Stakeholders Forum on 2.3GHz band Licensing, the Chief Operating Officer of Spectra net, Atul Ojha’s, said fresh auction of 30 MHz was not advisable in order to move the industry forward and increase service efficiency to Nigerians. Ogiha, in his presentation, said wireline networks provide primary network reach and wireless as secondary reach globally. He negotiated that no significant primary wireline network was on ground in Nigeria thus making wireless network the primary network with extra

capacity requirement. “There is negligible of nonexistent of fixed wireline infrastructure in the country. It’s not viable to build a wireline network due to the exorbitant cost of Right of Way and other bottlenecks. International bandwidth cost is very high in comparison to other parts of the world”, Ojha said. He also noted that in Nigeria, huge portion of Internet Service Providers’ revenue goes towards connectivity charges and tower rentals. “Therefore, it is our suggestions that the 2.3GHz Spectrum should be increased from 20 MHz to 30 MHz for existing three operators; Guard band 10 MHz between 2.3GHz and of 2.4GHz should be provided; while existing operators should adjust Test-Drive Development (TDD) ratio synchronization, provided the

allocation is increased from 20 MHz to 30 MHz to manage throughput degradation and interference.” Speaking in the same vein, Chief Executive Officer, Mobitel, Mr. Johnson Salako, said additional slots would further compound the challenges confronting the current operators. Managing Director, Swift Networks, Mr. Charles Anudu, said, “Currently, no operator is providing true broadband services in Nigeria and this is also a function of available spectrum.” He stressed that additional spectrum to the three operators would help them provide better broadband services to the customers. Earlier in his address, the Executive Vice Chairman of the Nigerian C o m m u n i c a t i o n Commission, Dr. Eugene Juwah, said the objective of the forum was to provide an

Minister of Communication Technology,, Omobola Johnson avenue for stakeholders and for the benefit of all users of the 2.3 GHz band to Nigerians. According to him, “With discuss, technically criticise, exchange ideas and proffer global development centered options that will help the on availability of broadband Commission in arriving at a services, the Commission is decision on the further on a regular basis inundated licensing of the remaining 40 with several requests for freMHz bandwidth in the band quencies to deliver the servic-

THE GUARDIAN, Tuesday, March 5, 2013

Coscharis Motors rewards staff for service delivery By Taiwo Hassan N consonance with the company’s mission to give its employees a sense of pride, the Management of Coscharis Motors has rewarded its three staff that made the company proud at the Ford Service Excellence World Cup held recently in South Africa. Two of the staff came first in different categories, while the third came second in another category at the Ford Service Excellence World Cup Competition aimed to getting the best Service Advisors, Service Technician and Parts Counterperson in a keenly contested competition with participants from the various Ford dealerships, worldwide. Mrs. Amaka Chijioke-Okeke came first in the Service Advisor category, Felix Adepinye emerged first in the Service Technician category,

while Miss Ifeyinwa Onyelemelukwe came second in the Parts Counterperson category. Speaking at the Company’s Head Office, Lekki, the Group Managing Director, Coscharis Group, Josiah Samuel commended the staff for putting up an excellent performance and making the company proud at the competition. He described the success as a pointer to the fact that the organization is blessed with some of the best trained and qualified personnel in the automobile industry, not only in the Sub Sahara Africa region but in Africa as a whole. Samuel disclosed that the company’s belief in training also accounted immensely in the victory and challenged them to continue to develop

Firm urges govt to prioritise water, sanitation sectors MANUFACTURING compaA ny, The Water Initiative (TWI), manufacturers of water purifying device, want the Federal Government to give more priority to water and sanitation sector in order to build a healthy nation. The Chairman of the company, Kevin Mcgovern, told the News Agency of Nigeria (NAN) on Monday in Abuja that clean water and sanitation have a mutual goal. Mcgovern described water and sanitation as critical issues that should be treated as a unit as ``you cannot sepa-

rate good sanitation from water or vice versa’’. ``The water pipes and the sanitation pipes run hand in hand so that they are definitely related and I almost think about it as a couple. ``Nigeria’s issues are no different from other countries; we just have to create a solution that fits the Nigerian contaminated water issues.’’ Mcgovern added that the solution to Nigeria’s water problem was not just water treatment but included the availability of clean water in our homes.

BUSINESS

THE GUARDIAN, Tuesday, March 5, 2013

BUSINESS 49

Stockbroker calls for more listing to reduce domineering effects of some stocks HE President, Association T of Stockbroking Houses of Nigeria, Emeka Madubuike has called for listing of more companies to reduce the dominance of few stocks on the nation’s bourse. Madubuike told the News Agency of Nigeria (NAN) on Monday in Lagos that some few stocks controlled between 20 to 25 per cent of the capitalisation of the Nigerian Stock Exchange. He alleged said that the performance of other equities now depended on the direction of these few equities on the Exchange. According to him, listing of more companies with good fundamentals will reduce the dominance of these few stocks controlling the market.

“This is the best time to list because the Nigerian Stock Exchange has witnessed impressive growth in the last few months,” he said. Madubuike said that many investors were resorting to profit-taking to cash in on the gains recorded in the market instead of waiting for low dividends. He predicted that the capital market might experience improved activities this week due to improved financial results by many firms. NAN reports that the NSE AllShare Index depreciated by 711.88 points or 2.10 per cent to close at 33,183.20 last week against the 33,895.08 achieved in the previous week. The market capitalisation depreciated by 2.12 per cent to

close at N10.62 trillion against the 1.91 per cent growth recorded in the preceding week. Dangote Cement recorded the highest price loss of N12.01 last week to close at N147.99 per share. It was followed by Nigerian Breweries which lost N4.50 to close at N161.50 per share, while Nestle declined by N4 to close at N886 per share. Presco, however, led the price gainers’ chart by N3.68 to close at N25.53 per share. Conoil trailed with a gain of N2.10 to close at N25.20, while Ashaka Cement improved by N1.58 to close at N24.38 per share. In all, 2.28 billion shares worth N24.63 billion were traded in 28,170 deals on NSE

Firm partners American car care manufacturers OIN Ventures Limited, a C Lagos-based car care marketing company is partnering three American companies to launch quality car care products into the country. Coin Ventures’ Chief Executive Officer, Sir Ike Okafor while briefing newsmen on the products recently explained that for a long time, quality car-care products have eluded the country. According to him, the search for the right products for the highly demanding Nigeria auto market led to the introduction of these quality American products into the country. The companies include: Technical Chemical Company, makers of Johnsen Car Care Products, Freezetone Product Inc, renowned for vehicle coolants and radiator

additives and Omni Specialty Packaging, world producers of quality ATF and engine oil. Okafor, a West Virginia University, USA, trained engineer, who retired from the Nigerian National Petroleum Corporation (NNPC), as Executive Director, explained that his passion for the automobile industry and the quest to offer world-class products at affordable price led to research for the three brands. “I have watched with pains, what people go through as a result of using low quality car care products which often times leads to breakdowns on the road and loss of invest-

ment in the car, hence, we have decided to offer these world-class products to Nigeria,” he said. Continuing he said, “Out of interest and passion for the automobile industry, I decided to offer something unique and different to ensure trouble-free motoring for my fellow countrymen,” he added. “As a petroleum engineer and with many years experience in the lubricant industry, I searched for products that has good Research and Development in the various categories and settled with the three that we are bringing to Nigerians.”

Fidelity bank rewards customers in anniversary promo TOTAL of 26 customers A have emerged winners in the Fidelity Bank Plc’s ongoing 25th anniversary promo tagged: ‘Cars and Cash Savings Splash’ draw which took place in Lagos recently. Five of the customers won a car each while others were rewarded with cash prizes. With presentations of the gifts set to hold this week, the Group Managing Director/Chief Executive Officer, Fidelity Bank, Reginald Ihejiahi, had earlier explained that said the promo was to reward the bank’s loyal customers and also encourage people to save. He said: “We really believe strongly that no matter how little or how large you are earning; you should form the habit of putting away something for a rainy day. We have had tremendous growth in the past couple of years and 2013 from what we are seeing would not be any different we should expect continuing growth and the new areas we are looking we would take quite some time. The winners emerged from all the regions in the country. Specifically, 10 lucky customers won N100, 000 each, eight customers also won N250, 000. Also, two customers won N500, 000 while one customer won N1million and the mega price of a brand new Hyundai Accent were won by five customers.

From left, National Senior Partner KPMG Nigeria, Oluseyi Bickersteth. General Theophilus Danjuma. And Global Chairman, KPMG International, Michael Andrew. At the KPMG Nigeria Clients Cocktail with Michael Andrew. Held in lagos on Wednesday. PHOTO; SUNDAY AKINLOLU

last week. These were against 2.48 billion shares valued at N22.82 billion exchanged in 32,471 deals in the preceding week. The Financial Services sector was the most active, accounting for 1.54 billion shares

worth N14.42 billion in 15,660 deals. It was followed by the conglomerates which had a turnover of 275.09 million shares worth N554.36 million in 1,530 deals. Also traded during the week

were 2,681 units of NewGold Exchange Traded Funds (ETFs) valued at N6.56 million in eight deals. This was in contrast to the 193 units valued at N471, 970 traded in four deals in the previous week.

THE GUARDIAN, Tuesday, March 5, 2013

Read Always

THE GUARDIAN, Tuesday, March 5, 2013

NigeriaCapitalMarket NSE Daily Summary (Equities) as at Monday PRICE LIST OF SYMBOLS TRADED FOR 04/3/2013

66 CAPITAL MARKET

THE GUARDIAN, Tuesday, March 5, 2013

NSE Daily Summary (Equities) as at 04/3/2013

LOSERS

PRICE GAINERS

NSE’s market capitalisation slides further by N76bn By Helen Oji RANSACTIONS on the T Nigerian Stock Exchange re-opened on a downward note yesterday, following price losses incurred by virtually all the highly capitalized companies, as market capitalization slide by N76 billion. Similarly, volume of shares traded also dropped marginally, as 392.2 million shares worth N4.2billion changed hands in 5,337 deals, lower than 469million units valued at N3 billion exchanged in 5,034 deals on Friday. Specifically, Guinness topped the losers chart with 650kobo to close at N270.00 per share followed by Dangote Cement with 299 kobo to close at N145.00 per share. PZ Cussons lost 268kobo to close at N37.75 per share. Mobil lost 250 kobo to close at N126.00 per share. Access Bank shed 50kobo to close at N11.20 per share. Airservice lost 46kobo to close at N4.23 per share. Zenith Bank,EcobankTransNational Incorporated, AfriPrudential

dropped 20kobo,18kobo and ninekobo to close at N20.90,N13.82 and N1.81 per share. AG Leventis also dropped nine kobo to close at N1.81 per share. On the other hand, Nestle

emerged the day’s highest price gainer with 1400 kobo to close at N900.00 per share while GlaxoSmithKline followed with 204kobo to close at N50.00 per share. Nigerian Breweries added 25kobo to close at N161.75 per

share, RT Briscoe gained 17 kobo to close at N2.37 per share. TransNational Corporation, Wema Bank, Livestock gained 14kobo and 11kobo to close at N1.61,N1.29 and N2.31 per share respectively.

JohnHolt gained 10kobo to close at N2.10 while Cutix added nine kobo to close at N1.99 per share. First City Monument Bank also added seven kobo to close at N5.00 per share. Precisely, the All/Share index

of the Nigerian Stock Exchange fell by 236.06 points or 0.7 per cent from 33,183.19 posted on Friday to 32,947.13 while market capitalization slide by N76 billion, from N10,618 trillion to N10,542 trillion.

First Registrars introduces e-voting at AGM By Helen Oji irst Registrars Nigeria Limited has introduced an electronic tele-voting device for casting of votes electronically with little or no human intervention during Polls. The new innovation was showcased at the Honeywell Flour Mills Plc ExtraOrdinary yearly meeting (EGM) held in Lagos at the weekend, where electronic/tele-voting devices were issued to shareholders for the casting of their votes electronically with little or no human intervention during election. Speaking at the event, Mr. Bayo Olugbemi Managing Director, First Registrars

Nigeria Limited said “gone are the days when elections conducted at corporate meetings were done manually and through the show of hands. The manual casting of votes at such meetings contribute a huge burden on the registrars, the shareholders and the client companies considering the long processes involved in the distribution of Poll materials to the shareholders, manual ticking (FOR, AGAINST or ABSTAIN) of the resolutions to be voted, and manual collation of the poll cards to ascertain those who voted for, against or abstain. “With the advent of the eVoting/tele-voting devices introduced by First

Registrars, voting and Poll processes at corporate meetings are now done seamlessly in a jiffy with the election results being projected live at such meetings as seen at the Honeywell Flourmills EGM. Continuing, he said, “First Registrars is innovation driven and will continue to pioneer market based solutions that will give our shareholders and client companies unparalleled advantage in the share registration industry. We benchmark only the international best practices while setting the pace for others to follow in the Nigerian Capital Market – we are indeed the leader, but will never be

complacent”.he said. While introducing the devices to the shareholders prior to the Poll, Mr. Abayomi Oluwato ,Group Head, Business Development and Services, First Registrars familiasised the shareholders with the uses of the devices and how to vote (FOR, AGAINST or ABSTAIN). He also assured shareholders that the devices will not only capture the head counts of voters, it will capture the number of units owned by them. Besides, multiple share accounts can be linked to a single voting device (for shareholders with multiple or several share accounts) to ensure that all their votes really count.

“Above all, Poll results are displayed on the screen instantly after every poll for transparency while accurate reports are also available for audit purposes. In addition, the devices could be used for the election of audit committee, Board members election and other Opinion Polls.” The Chairman, Honeywell Flourmills Plc, Oba Otudeko commended the efforts of First Registrars in the transformation ofshare registration industry through ground breaking innovations, just as the various shareholders’ groups also commended First Registrars for this exceptional innovation.

THE GUARDIAN, Tuesday, March 5, 2013

Opinion Closure of Ladipo auto parts market By Luke Onyekakeyah NCE again, the Lagos State Government on O February 25, 2013, shut the popular Ladipo auto parts market in Mushin Local Council over what it called poor sanitation at the market. Thousands of traders who turned up for business after the weekend were chased out by stern-looking armed policemen who were part of the taskforce that carried out the operation. The development took many by surprise, even though reports indicate that the Commissioner for the Environment, Tunji Bello, had earlier visited the market and decried “the wanton degradation of the environment, including filthiness of the area”, and warned that if nothing was done, the market would be shut. The closure was therefore a fulfillment of the threat. Expectedly, the closure has thrown thousands of traders off business. The traders claim that at least N100 billion is lost each day the market remained shut. Families that depend on the market for daily sustenance have been distressed by the closure. The Lagos State authorities and the leadership of the market should do whatever is possible to ensure that the market is reopened without much delay. The latest closure was not the first. As a matter of fact, since 2005, the Ladipo market has been closed for no less than three times for the same reason of poor environmental sanitation. It is baffling that the same problem keeps recurring without solution. That the same market has been closed several times in the past for the same reason shows that nothing has been done to address the problem. What is happening at Ladipo is typical Nigerian drama. In Nigeria, a societal problem is identified and the solution known but the right action is never applied to address it so that the problem becomes endemic. The problem is left to linger and constitute a menace to everyone. Each time the problem becomes unbearable, ad-hoc fire-brigade action is taken to placate the matter for a moment, only for it to resurface after a while. The latest closure is one

of those ad-hoc actions over the festering Ladipo market problems. The whole thing borders on governance on one hand and the failure of the traders to do the right thing on the other hand. Taskforce Chairman, Chief Superintendent of Police, Bayo Suleiman reportedly warned that, “We shall make sure that this time around proper sanitation is done by the traders before the market will be re-opened”. Governor Fashola of Lagos State who also paid an unscheduled visit to the market on Sunday, March 3, insisted that, “the market must be cleaned before same was re-opened”. He described the situation at Ladipo as “massive degradation of a section of Lagos”. Having identified the problem, what next? To what extent will a thorough cleaning of the market this time around solve the endemic sanitation problem and prevent future closure? In all the previous closures, thorough environmental cleaning was carried out by the traders, which proved to be short-lived because the right infrastructures were lacking. The truth is that no amount of ad-hoc environmental cleaning will solve the problem in that market without a thorough rehabilitation. The Mushin Local Government (MLG) authority, which has the statutory duty to put the market in order, should rise to the challenge of putting the necessary infrastructures in place for proper environmental hygiene. Having said that, I would like to highlight some of the critical problems facing Ladipo market and why it would be shut again if the authorities fail to do their job. A visit to Ladipo presents a market that thrives in disorder apparently without a visible hand of authority in the picture. The traders therefore display awkward behaviour amid the disorder. Why is it so? The first major reason is the abject state of roads around the market. Impassable roads, especially during the rainy season is a major headache at Ladipo market. It is regrettable that all the major entry points into Ladipo market are in deplorable state. Work on the rehabilitation of one access road from the Mushin side started quite a while ago but is going at snail

speed. Going into Ladipo market from the Toyota bus stop on the Apapa-Oshodi highway, one is confronted with one of the most dilapidated access roads in Lagos. The Guardian, which is located very close to Ladipo market on the same flank and suffers the impact of the disorder at Ladipo, has published series of metro features on the deplorable state of the access road to the market without any result. It is unimaginable how a very busy market like Ladipo has no access roads for trailers laden with containers. Why is the road left in such appalling state? Whenever it rains, the road is completely impassable. Trailers laden with containers get stuck in the muddy puddles. It is bedlam when such happens. Many times, refuse trucks assigned to Ladipo can’t get into the market because of bad road. It is survival instinct that forces the traders to transact business atop mud and filth. The next very serious problem facing Ladipo market is absence of conveniences. On daily basis, Ladipo market hosts no less than 500,000 people, including men and women. These are human beings and not trees. They require conveniences where they could easy off when pressed. It is amazing how such large number of people buy and sale daily in one small congested market space without conveniences. The result is that the entire market space is one big open toilet where people defecate and urinate indiscriminately. This awkward practice is the cause of the stench that envelops the Ladipo market air continuously. The issue of sanitation cannot be resolved without the availability of water. Like in many parts of Lagos, potable water is a luxury. Lack of water at a market where thousands of people transact business daily compounds the sanitation problem. There can be no sanitation in Ladipo market without adequate water flowing with sanitary facilities in place. The third factor is structural in nature. There are few stalls in the market to accommodate the thousands of traders. My investigation revealed that Ladipo market started informally at that location with a few traders many years

ago. Over time, more traders were attracted to it. The stalls there were actually built by the traders themselves, meaning that the local authority was not involved. As the economy took a plunge with high unemployment rate, many young people joined the auto parts trade at Ladipo thereby swelling the population of the traders. Now that Ladipo has grown from informal to a formal market, the authorities should appreciate the reality on the ground and work towards expanding the market vertically if not horizontally. More stalls should be built to accommodate the increasing number of traders. It is because majority of the traders have no stalls that they are forced to display their articles on the street. Over and above the endemic problems is the management of the market. Who manages the market has become an issue that brings tension. On the one hand is the Ladipo Auto Dealers Association, which represents the traders’ interest so to say. But on the other hand is the Mushin Local Government authority, in whose jurisdiction the market is located, which also would like to be involved in the management of the market. This issue appears to be more contentious than the poor environmental condition, which could easily be handled if the right infrastructures were put in place. A peaceful resolution of the contending forces would go a long way to create stability in the market. The problems at Ladipo market should be addressed holistically rather than piece meal. It is obvious from the foregoing that the problem in Ladipo borders mainly on poor physical planning. The problem posed by hoodlums and other criminal elements could be contained once there is order in the market. This group flourishes amid disorder. The criminals in Ladipo are there because the market thrives in disorder. Now that the Lagos State Government has shown interest in what is happening at Ladipo market, it would be a welcome relief if the right steps are taken to put the market in order and forestall future unexpected closures. The traders would have no choice but to comply once there is order and the right structures are put in place.

No to taxes before Self- Assessment By Eben Akinyemi HE Federal Inland Revenue Service (FIRS) placed a paid advertisement in The Guardian of Thursday, February 28, 2013 requesting payment of taxes. That regulation cited section 55 of the Companies Income Tax Act (CITA) 2004 (as amended), Laws of the Federation of Nigeria CAP C21. The section cited stipulates the time within which a company is to file its returns. This is essentially within six months of financial year-end for an existing business. The FIRS then proceeded to demand payment of taxes beginning from January 2013 and final payment to be made on or before June 30, 2013 for companies whose financial year end is after July 31, 2012. The discerning tax payer should treat this notice with caution. It is curious to note that the FIRS did not mention the 2011 Tax Administration (Self- Assessment) Regulations. This is the Regulation that the FIRS relies on to demand payment of taxes before filing of returns on Self-Assessment basis. The FIRS relied on Section 61 of the FIRS Establishment Act (FIRS Act), to issue the 2011 Tax Administration (Self Assessment) Regulations in December 2011. The Regulations made specific pronouncements on the Companies Income Tax Act (CITA), the Personal Income Tax Act (PITA), the Petroleum Profits Tax Act (PPTA), and the Value Added Tax Act (VATA) among others. Section 77 of CITA already makes specific provisions on Time within which tax (including Provisional Tax) is to be paid. It is queer that the FIRS did not cite this section in the advertisement placed in The Guardian. Indeed this is the right place where the tax payer will find guidance on when to pay his taxes and not FIRS notices. Section 77(5) expressly states that “A company filing self assessment shall pay the tax due within two months from the date of filing the assessment in one lump sum or such number of monthly installments (not being more than six) as may be approved by the Board.” This subsection added two provisos. The first was that the last installment must be paid by 30th November of the year of assessment, and the second is that a request for installment

payment must be made in writing. The 2011 Tax Administration (Self- Assessment) Regulations clearly contradicts the above section, which is contained in the principal Act. We therefore advise discerning tax payers to cautiously treat the Revenue’s notice. The principal Act CITA can only be amended by an Act of the National Assembly and not by a Regulation enacted by FIRS. The scope of the Regulation was rather curious for some of us since the principal legislation governing the various taxes, the FIRS, was seeking to make new regulations already had copious pronouncements on the procedure for self assessment. Some of us immediately smelt a rat from the name of the regulation – Self Assessment Regulations. However, as wisdom has thought us not to judge a book by its cover, we decided to review the details of this “regulation.” Needless to say, the very first sections of this regulation stank to high heavens. It was evident that those who have never ventured into doing legitimate business put the regulation together. Clearly the objective was to muzzle businesses and increase cash collection. I keep wondering how long it will take for it to sink into the collective consciousness of our Revenue authorities that you must nurse a business before you seek to tax it. The principal Act – CITA – recognises the primacy of cash to the survival of a business. This is why in the wisdom of those who enacted the Act, the tax payer is allowed to pay whatever is left of his taxes (since he has paid withholding taxes in advance on most of the income in the cause of business during the year) in six monthly installments beginning from when he has filed his returns! Section 14 of this Self Assessment Regulation specifies the particular instances where the FIRS will grant an application for extension of time to file returns to be; among others, on the death of the taxpayer within the filing period; or on the death of the chairman or company secretary or any principal officer or in the event of a natural disaster. Now a principal officer for the purpose of the regulation is not defined. Section 18 is the most illegal part of this Regulation. It re-

quires that a tax payer should make installment payments by commencing payment in the relevant year of assessment such that the final installment is made by the due date of filing. In addition, the taxpayer must apply to exercise the right to file on installments and as well file by the due date. Whoever inserted this section must be taking the taxpayer for granted. Section 61 of the FIRS Establishment Act empowers the FIRS Board, with the Approval of the Minister, to “make rules and regulations as in its opinion are necessary or expedient for giving full effect to the provisions of this Act and for the administration of its provisions and may in particular, make regulations prescribing the form for return and other information required under this Act or any other enactment or law, and...” However, this section does not in any way empower the FIRS to amend express provisions of the relevant laws (CITA inclusive). The section clearly stipulates that any rules and regulations made by the Board should be for the purpose of giving full effect to the provisions of the Act or any other enactment or law (CITA inclusive), and not to amend or modify the principal legislation. This is trite law. There are still yet more noxious pronouncements. The FIRS now seeks to have its own register of “accredited tax practitioners.” Now I laugh even louder. The regulation specifies that an accredited agent must be certified by ANAN, CITN or ICAN. These are professional associations empowered by the relevant enabling Act to accredit and register qualified practitioners. The Revenue, in this regulation, has assumed the powers of these bodies and will “assess the competence and professionalism of tax representatives.” Clearly, everyone wants to enlarge their own coast, but please do not thread on me. The revenue has clearly overreached itself. It does not possess the powers it has adduced in this regulation. More importantly, the provisions would stifle legitimate businesses and drive more people underground. • Akinyemi, an Associate of the Institute of Chartered Accountants of Nigeria, is a Partner at the transactions and tax advisory firm, Stransact Partners.

THE GUARDIAN, Tuesday, March 5, 2013

Opinion Why ‘yesterday’s men’ must talk By Senmese Mosugu T is essential not to lose time in examining, Iceive whether it is possible for our senses to deus and represent our perceptions as distinct from ourselves, that is as external to and independent of us. A person’s outlook is conditioned by the amount of knowledge and understanding possessed. A narrow outlook often creates a serious barrier to enlightened people and control. This is even more important when serving in the public domain as it calls for a rare ability to look beyond self to the common good. Therefore, public office holders especially must transcend the petty confines of morbid sentiments, eschewing any consideration of religion, language and so forth. Only broad vision can enable a public official, particularly those entrusted with high positions and responsibilities, to deal with a complex situation or experience, mainly under trying conditions. A public official with myopic vision gets bogged down in minor issues, falls easy prey to prejudices, and remains captive to his or her own parochial thinking. In essence, no natural or hereditary system exists for categorising people as either leaders or followers. Such a false conception creates arrogance and snobbery on the one hand, and despondency and intolerance on the other. Never before in the history of this country have our collective values and expectations been more at variance with those at the helm of affairs or political leadership. What is needed therefore is a rethink at all levels, especially on the political stage. Many books and articles have extensively discussed the subject of leadership and responsibilities. In dealing with some of its aspects, therefore, one will likely repeat (albeit somewhat differently) what someone has already said. Basically, the essentials of good leadership have changed little over the past decades. Although we still hold sound leadership in high esteem, poor leadership has become much less tolerable today and much more dysfunctional than it was 50 years ago. Rapid progress made in the modern technological era demands that present-day leaders use their abilities, attitudes and perceptions to overcome the polarity caused by the vanity of human power and the neglect of life’s pris-

tine values. During one of the endlessly senseless retreats embarked on by the profligate political class, President Jonathan was quoted to have said vehemently that he did not create the multifarious problems bedevilling the Nigerian state (as if he was elected to safeguard only Aso Rock). When a leader is prone to making avoidable gaffes, both of words and actions as our president is, you can expect to be inundated with bad knocks. When leaders see antagonism in every word spoken or written against their actions or inactions, it betrays a scandalous lack of preparation for leadership especially of the highest political office in the land. Ordinarily, criticisms are expected from the citizenry in any democracy but in the case of Jonathan and his “Today’s Men”, he actually feels that he deserves praises. Naturally, it would be political naivety for the President (and the PDP) to frown at criticism from the opposition party. Because the day an opposition party starts eulogising a sitting government, that party should also start composing its own funeral song. Of course, the Nigerian political leadership have never ceased to ridicule itself and confound the world. Of all virtues that a man can possess, honesty to oneself is the most difficult to cultivate. But once mastered, the others follow quite effortlessly. Though one can easily find excuses for poor performance, an analysis of these excuses would reveal that while they contain a measure of truth, people exaggerate them to justify their own conduct or misconduct to themselves. It is banal to say that if people are honest with themselves, they can be honest with others. Speaking of John Churchill, Duke of Marlborough, Voltaire praises “that calm courage in the midst of tumult, that serenity of soul in danger ... (which is) the greatest gift of nature for leadership.” I wish to commend this to our political leaders and their media hatchet men. But nay, Nigerian public office holders at all strata lack moral courage, which is indispensable for leading people. Moral courage consists in being honest and admitting one’s mistakes when things go wrong. It shows itself in the ability to make decisions, keeping the interests of the common good in view against personal interest or self-perpetuation. By cultivating the virtue of moral courage and the disposition to acknowledge one’s mistakes, a leader opens up the possibility of radical reformation and progress. This is the path wherein Jonathan and his “Today’s Men” must

walk if they truly want to transform and not bleed Nigeria. Need we say that the “transformation of Nigeria” has been the sacred song of President Jonathan since “the largest party in Africa” (the PDP) thrust him on Nigerians as their preferred candidate for the position of President of the geographical entity called Nigeria. It is not our intention to join issues or participate in the ongoing discourse initiated by Dr. Reuben Abati in his “The Hypocrisy of Yesterday’s Men”, which appeared in many Nigerian dailies recently. For the umpteenth time, irrespective of all the first class brains hired to shore up the image of this government and the President, the “Yesterday Men” must never cease in the fight to entrench responsible (responsive) and accountable leadership in our national polity. It is not the “Yesterday’s Men” that does not “give a damn about asset declaration.” It is a pure case of failing to lead by example. It is not the “Yesterday’s Men” that flip-flops over policies and issues, or who promised to defeat the Boko Haramists by a set period. It is not the “Yesterday’s Men” who promised to transform Nigerian in 2011 but the “shoeless” politician who transformed himself into a “high flying” president instead. Leaders don’t promise what they cannot give. It is called dishonesty. These are some of the essential issues, and they relate to Jonathan’s sincerity as a man, and his abilities as a leader. What the “Yesterday’s Men” are criticising is the connection between what the President says and what he does; and between what he promises and what he delivers, as the Nigerian people grope in the enfeebling path of poverty and misery. The actions, inactions and words of the President do not inspire confidence. The President’s media enforcers and other “Today’s Men” are enjoying their dominance of the political landscape as they take pleasure in the scandalous and obscene financial rape of our collective treasury. So they won’t tell the President or let him see and feel the daily life of drudgery of poor Nigerians. Bernard Law Montgomery, Field Marshal of Great Britain saw leadership as “the will to dominate, together with the character, which inspires confidence.” Today’s men should not only seek to dominate our lives, they must live up to the expectations of Nigerians who defied all odds and buried all primordial sentiments to put

Jonathan in Aso Rock in 2011. The leader the Nigerian state requires is one who has strength of character, a sense of purpose and direction, integrity, credibility, enthusiasm and moral courage. Such a leader would not buck-pass or need political shamanists, a Labaran Maku, a Reuben Abati or a Doyin Okupe. People look up to leaders and trust their judgement; leaders inspire and warm the hearts of their followers. As a gift of character, leadership can be polished and improved. But it is not the case with the Nigerian political class – they are too far-gone in the mire of incompetence, dishonesty, lack of morals and corruption. They can neither be polished nor improved. Accountability is crucial to effective political leadership, as without it there will be no respect from the followers. A good political leader is someone who will be honest and responsible for his own actions and decisions and who is willing to admit when he has made a mistake. He would focus his energies and time on representing the people rather than spending all the time “covering his back” and deriding others for criticising his policies, actions and inactions. One of the key leadership qualities Nigerian political leaders lack is ability to take responsibility. A lot of political leaders are very adept at pointing the finger at everyone else and few seem able to accept responsibility for their mistakes, admit their political failures and acknowledge their own contribution to a problem. It is no coincidence that for many ordinary Nigerians, the word “politician” has such negative connotations! This is the plight of the Nigerian people. Still, “Yesterday’s Men” must talk because “Today’s Men” are fleecing the national wealth dry. The broken masses are only asking for that leader who will provide the enabling atmosphere for them to carry on their daily routine of getting the next meal and having a roof over their heads when the night falls. They want a leader who knows his job and manifestly demonstrates that knowledge; the leader to inspire them to follow and achieve. This cannot be secured by mere preaching or media promotion. The Nigerian people desire a leader who will say to them, “Come on,” and not “Go on.” This is the leader the Nigerian people want. Let it be known that “Today’s Men” will become “Yesterday’s Men” when tomorrow comes. Need it be written that tomorrow will surely come? • Mosugu lives in Lagos.

Akpabio’s meat, Amaechi’s poison By Etim Etim S Chairman of the newly formed PDP Governors Forum, A Godswill Akpabio has assumed a formidable national profile and influence. I remember my brief meeting with the governor in March 2009 at the Akwa Ibom Liaison Office in Lagos. “Continue to work hard for Akwa Ibom people. There is a bigger national assignment for you after you’re done as a governor”, I had told him. He showed a little surprise at my statement and smiled coyly without uttering a word. Such an audacious prophecy must have taken him by surprise. Over the years, the governor has recorded spectacular milestones to become one of the key allies of President Jonathan. Akpabio is therefore expected to provide equal and counteracting force to Governor Rotimi Amaechi who has over time turned the Nigeria Governors Forum into a trade union perpetually antagonistic to the Federal Government. In the last few years, Amaechi has repeatedly become petulant in his relationship with President Jonathan and Federal Government officials. The Presidency has had enough of him. Just a few of his sins: He had wrongly accused the president of conniving with Bayelsa State government to cede Rivers’ oil wells to its neighbour; he had accused Akpabio of stealing Rivers State’s oil wells also and lampooned federal finance officials for not giving him waivers on importation of certain items. He had also derided the Akpabio administration for building an airport in Uyo instead of allowing Akwa Ibom people to be travelling 100km to the one in Calabar and recently led the NGF in a needless court case against the Federal Government over the Sovereign Wealth Fund. At every turn, Amaechi speaks disdainfully and scornfully of Jonathan and ‘the people in Abuja’. I do not know of any governor who would have committed so many sins under Obasanjo and not be impeached or kidnapped like

Chris Ngige. I understand that the Rivers State governor was a student union leader at the University of Port Harcourt. So also was Akpabio at the University of Calabar. While the latter has realised that unionism is not synonymous with good governance, the former is still stuck in a time capsule. What are the implications of Akpabio’s new profile to his Akwa Ibom people who are already celebrating? In terms of national PDP politics, he will almost always have his way. He has been a close ally of the president’s, but the relationship is now deeper. Akwa Ibom people have equally supported Dr. Jonathan, especially during electoral contest. When the president was being shabbily treated by former Bayelsa governor, Timipre Sylva; labelled clueless by ACN and CPC party executives and routinely maligned by Governor Amaechi, it was Akpabio that offered comfort and home support. At every opportunity Jonathan will come to Uyo to commission projects, and Akpabio will roll out the drums to welcome him. The governor would host lavish state banquets for the president and pour encomiums on him. Last November, the president was in Uyo to commission the new Governor’s Office, a beautiful piece of architecture. At a luncheon that followed, the governor showered praises on the president for his bold and courageous leadership in tackling the nation’s numerous unexpected challenges. Of all the SouthSouth states, it is only in Akwa Ibom that the president feels so much at home. A major landmark in the state capital is named after him. It is now incumbent on the President to return this favour. Akpabio should therefore draw on his political capital and work with the Federal Government to get Ibaka Deep Seaport off to a good start. Second, we need a federal polytechnic in Akwa Ibom State. Jonathan should not have any hesitation in giving approval to the Federal Ministry of Education to take over the state-owned polytechnic in Ikot Ekpene or set up a new one elsewhere in the state. It would be a big disappointment if

the governor does not have anything to show for saving the president from the Amaechi humiliation. In terms of Akwa Ibom politics, the new development is clearly a game changer. The governor has repeatedly said that he wants to be a senator in 2015. I doubt if PDP will deny him the ticket. For his successor as governor, he says he will root for a candidate who has the passion, zeal and vision to continue his agenda. He had refused to name his preferred candidate, but political pundits in the state are already reading meaning into the presence of the Secretary to the State Government, Mr. Umana Umana, in the delegation that went with the governor to pay courtesy call on PDP Chairman, Bamanga Tukur. The Akpabio era would likely emerge as the single most transformational period in our history. I say this with a deep sense of responsibility and in recognition of the untold contributions of our former governors and leaders. To sustain the rapid growth and development of the state, we need a leader who has both gumption and vision to succeed Akpabio in 2015. I recognise also that there are many other Akwa Ibomites who have the right set of talents and skills to be the next governor. I urge them to enter the race with calmness and maturity and place their credentials and platform before our people. Democratic contest is hinged on multiplicity of ideas. But the winner should be the one with the most acceptable agenda. I will therefore oppose those who are jostling for this ticket on the platform of primordial, ethnic and divisive tendencies. In other words, those who want to contest for the governorship of our state on the basis of zoning should rethink their strategy. They should publish their economic and industrialisation agenda for the state, announce their personal achievements and pedigree and argue their case before the public. There is no room for ethnic sentiments in Akwa Ibom politics. • Etim is a writer and banker.

THE GUARDIAN, Tuesday, March 5, 2013

Law

Quote of the week “I will not let anyone walk through my mind with their dirty feet.” Mahatma Gandhi judicialeditor@yahoo.co.uk/ 08033151041 Desk Head: Ibe Uwaleke

EFCC’s appeal against disclosure verdict over FoI Act is unhealthy Interview By Bertram Nwannekanma

The signing into law of the Freedom of Information (FoI) Act by President Goodluck Jonathan on May 27, 2011, brought a beacon of hope for many anti-corruption and human rights campaigners. The joy was that the Act would automatically repeal the Official Secrets Act and resultantly bring government business to the public glare, thereby reducing cases of corruption among public office holders. After two years, no significant gain has been recorded. Corruption has continued to be on the increase. But in this encounter, a renowned social rights and anti-corruption crusader, Adetokunbo Mumuni, whose organisation has had running battles with government officials over release of information, feels that the FoI Act is far from reducing corruption. SKED what his experience has been so far A with the Freedom of Information (FoI) Act, Mumuni said the “FoI Act is still very unpopular among Nigerians”. He said: “A lot of Nigerians do not even know about its existence. What I have seen over the time is that there is still an attitude by government officials that things must still be kept secret. They have not reconciled themselves with the ideas that the Freedom of Information Act has rendered official Secret Act ineffective. They still want to do government business in secret as usual, which is very bad for our system. What FoI Act seeks to do is to bring a revolution to the conducts of government business to make it open and transparent but government officials have still not reconciled themselves to the fact that this is a movement forward. Many lawyers are not making sufficient use of the Act and there is still a general belief among Nigerians, who even know the existence of the Act, that it is the lawyers’ duty to lead. That is wrong because the Freedom of Information Act is not a lawyers’ document, it is not a journalists’ document, it is a document for all Nigerians for the betterment of the society”. On the locus and jurisdictional challenges, which those who muster courage to approach the courts are confronted with, Mumuni expressed worries on the attitude of lawyers who tend to prolong the process. He stated: “While the Supreme Court allows parties the right to file objections to any suit, the court has advised that respondent seeking to file objection could also file defense to the substantive suit so that both the objection and the substantive suit could be considered together. It is not enough to file an objection, the person who files an objection should also file his defence so that time will not be wasted in dealing with the preliminary issue.” On how to make FOI Act effective, Mumuni said Nigerians should borrow a leaf from the Indians. “In India, when any technical information is sought from public establishments or public officials and he refuses to deliver the information, the Indian law has created an intermediate position; the position of an information commissioner. The law also creates another intermediate position, the position of the chief information commissioner. So your appeal goes straight to them, when you don’t get information you want from an administrative officer. If the administrative officer is

Mumuni unable to do that, you go to the other two and they will comply immediately. If the information commissioner believes that information should not be given to you, you are entitled to appeal to the chief information commissioner. That person again looks at the record, if it qualifies for an exemption, it ends there, if it does not, he will give you information and you would comply immediately. We should create some intermediaries before approaching the courts in order to avoid any waste of time. The second thing is that the attitude of public officials has to change. They should remember that the Freedom of Information Act has already abolished more or less the Official Secret Act, which was part of our colonial heritage. The issue now is that there must be open government”. On the recent development where government officials appeal against court judgment compelling them to make information available to Nigeria, the social rights crusader expressed surprise that such an act could happen. He said: “Although any party who loses at the court has a right to appeal constitutionally, but in this instance, I don’t think it makes sense for any government officials to want to keep a public record in their possession from the public. Whose interest is the Economic and Financial Crimes Commission (EFCC) pursuing by appealing against such an order? I don’t understand! You have an information in your custody; release it and you are appealing against that order. What is the danger or harm with the release of that information by the EFCC? I just believe that it is a question of attitude. “In India, it is never like that. The Prime Minister of India will comply immediately an order is made by even an administrative body. It is only in Nigeria that you have this

system of willful disobedience of court’s order and that is why we continue to have the kind of problems that we have. Once you disobey courts’ orders, especially in a matter as simple as releasing information, you create a problem. “Imagine an anti-corruption body that is preaching accountability now refusing to release information to the public, it looks contradictory. I don’t know what purpose the EFCC serves the public rather than simply releasing information. On whether there are enough sanctions for institutions and officers who hoard information when requested, he said: “Any individual or official that is supposed to release information but fails to release it, attracts the punishment of N250,000.00 fine or a maximum jail term of one year. But when one is appealing, you cannot give such sanctions until the appeal process is completely disposed off and it would come to the position that clearly they willfully refused to release information. There are sanctions and it is contained in the Code of Conducts Act but once the person has appealed, you do not apply the sanctions yet.” Asked to assess Nigeria’s progress in the fight against corruption, he said: “There is a slight progress.” He said: “What has changed is that in the past, when you communicated to government officials, they would not even reply, they would not

Whose interest is the EFCC pursuing by appealing against such an order? I don’t understand. You have information in your custody, release it and you are appealing against that order. What is the danger or harm with the release of that information by the EFCC?

dignify your communication. I know there is a change now. There has never been a time after the Freedom of Information Act that we write a letter asking for something, that they will not reply. They can tell you that they are not conversant with the law that they should release information to you. But I think, the progress we are making is extremely slow.” He also spoke on the recent calls for the National Judicial Commission to extend its recent sanctions to more corrupt judges. He said: “There is this general opinion that judges are corrupt. As a lawyer, I consider corruption as very hard to prove. You cannot say because people have this perception, you know that some times perception may not be true but there may be some evidence of truth there. But in a matter as serious as this, I think some reasonable level of evidence is required and that is why I say I don’t want to follow the stereotype for those that have been fingered whether evidence exists. The commission has taken action but what I want is that the agency should expand its capacity through thorough examination of some other people so that they can be called to justice. That is the only thing I can say.” On whether the NBA has the capacity to discipline corrupt lawyers who collaborate with judges to promote judicial corruption, he said: “Since it was not the business of the NJC to discipline lawyers, the NBA as a general body will only act when there are petitions or allegations of misconduct. It is now for the legal Practitioner’s Disciplinary Committee, an arm of the NBA to investigate that allegation. We have had lawyers disciplined in the past. That was in the 60s.” On why it is very rare now to discipline lawyers, Mumuni said: “Before, those who were handling the NBA’s affairs were more conscientious. They had more dignity and honour and took it so. When the Disciplinary Committee decided that this particular lawyer was guilty of misconduct or gross misconduct, they would debar the person. If he were already a SAN, they would recommend to a disciplinary committee to withdraw his privileges. In those days, the disposition of those in NBA was to keep the honour of the profession intact but it is no longer so now. Those days, the leaders did not want to know who was a senior lawyer, their own was integrity. Whether you were a SAN did not concern them. Once somebody brought a complain against you, you would be given the opportunity to defend yourself, you could even engage another lawyer, when you were not satisfied, you could go to the Supreme Court to challenge it. If you were found guilty, then that was the end of story. They were doing things without sentiments, without any motive except the optimal interest of the Nigerian Bar. Therefore, at any forum organised by the NBA, this issue of discipline of lawyers at the Bar must always be a pivotal thing.

THE GUARDIAN, Tuesday, March 5, 2013

70 LAW

LawPeople 1988 to 1989 and was called to Bar on December 14, 1989, while he enrolled in December 15, 2009. By Tunde Akinola Uwazurike cut his legal teeth under the Chief Ambrose Nwoga of HIEF Anayo Goddy Uwazurike Nwoga & Nwoga Chambers, where had always wanted to be a he spent two years. priest in the temple of the Lord. He He started Uwazurike & Associates took the step of faith to attain this in 1991, where he is the head of mission when he enlisted at the Chambers. Immaculate Conception Seminary, His first day in court was before Umuahia, Abia State. But as fate Justice Balogun while his first trial would have it, he ended up a was before Justice Olorunimbe. “priest” not in the conventional The two judges were noted for temple, but in the temple of justice being meticulous and never toleras a lawyer. ated any shoddy practice. His forage to the law profession Uwazurike recalled the experience where he has risen to become a thus: “When I appeared before colossus can be likened to divine Justice Balogun, my feet were providence. Uwazurike’s journey into the legal silently shaking. Balogun was a dreaded judge. Luckily, I was only profession and indeed his life biogthere for a motion. Balogun and raphy would be incomplete withOlorunimbe gave me the baptism out reference to the humble and of fire as a young wig”. elderly lawyer neighbour whose Some of Uwazurike’s classmates conduct forced him to abandon his are now on the Bench at various journey to priesthood. levels. According to him, his desire to He said: “There are many of them read law was ignited in Umuahia in law practice in the non-core where renowned lawyers like areas of law. Those in the academOgwuegbu, Uche and ics are doing very well.” Chianakwalam practised. Uwazurike, who had the unique Ogwuegbu retired some years ago experience of appearing against as a justice of the Supreme Court. his law school lecturer in the High Uwazurike, who had wanted to be Court when he was barely three a priest and actually attended years at the Bar, had maintained a Immaculate Conception Seminary steady rise in the profession. Umuahia, began to dream to be a His most memorable loss was the priest in the temple of justice. case of Elpina v. IBTC where the That ambition was, however, shatrespondent was in possession of tered by the death of his parents, our money but was using techniwhich also delayed his university cality to avoid liability. education for eight years. Unfortunately, the Court of Appeal Encouraged by the attitude of agreed with the respondent. notable legal icons like Justices On the image of the judiciary, he Chukwudifu Oputa, Kayode Eso said: “The Ayo Salami saga was an Aniagolu, Prof. Amadi and avoidable stain on the image of the Okonkwo of the University of judiciary. It was a case of ego by the Uwazurike Nigeria and the pair of Chief actors and the leaders. Rotimi Williams and Gani “All reasonable lawyers were Fawehinmi, Uwazurike did not shocked at the extent some went in allow the death of his parents to order to achieve a pre-determined deter him from his ambition and result. Today, we in the legal prohas, through sheer dent of hardfession are still battling to reassure work, become one of the notable a skeptical public that the judiciary Nigerian lawyers. is the last hope of the common Born into the family of Uwazurike man”. in Umuahia, Anayo, as he was fondOn the issue of the recent penly called, attended St. Michael’s sions theft, Uwazurike noted that Primary School, Umuahia, from the image of the judiciary nose1964 to 1971, where he obtained a dived with the ridiculous sentence First School Leaving Certificate meted out to the assistant director with distinction. in charge of the Police Pensions He grew up in Umuahia without funds. “Yes, it is true that plea-barhis parents, who died when he was gain is a veritable tool of prosecuvery young. He said of the event: “It was tough tion but it is used with the utmost sense of public sensitivity. A prosebut to the glory of God, all the nine cutor weighs the prospect of provof us survived and have done very ing his case and going for a plea- prostrate justice. well. The eldest is an engineer, Dr. deal. It is open to abuse. This was Uwazurike, who has been in conKevin, followed by the former why people screamed when tinuous legal practice since 1990, Provost of Alvan Ikoku College of Igbinedion walked away a free was appointed a notary public on Education, Prof. C. Ngozi and a curman. This Yakubu stole the money April 27, 2009. rent member of the House of belonging to retired men and He was a member, Board of Representatives (Okigwe-South) women and lived large on it. He Governors of Teachers’ Training Prof. Chudi, who is also the first became a big man and so walked College, Umunakanu, Ehime Mbano and only president of University of away a free man while the poor from 1985 to 1988. Nigeria Students’ Union to bag a pensioners are languishing in He is president of the Igbo ThinkFirst Class degree. I am the fourth abject poverty. Yes, he is facing a Tank, Aka-Ikenga. He was the vice child. After me are four sisters: Mrs. fresh trial but the damage to the president; chairman, Legal Lizzy Nwachukwu, Mrs. Lyn judiciary has been done. A judge is Committee of Aka-Ikenga from 1996 Nwadinobi, Mrs. Tina Chukwu, not a robot. He swore to do justice to 2001 and also a member of the Mrs. Ijeoma Ochulor and a brother, to the people. It is a lame excuse to Ohanaeze Judiciary Committee Kelechi. All of us are graduates”. argue that the two years with an from 2005 to 2007. Upon the completion of his secoption of fine is an agreement He is a member of South-East, ondary education at Immaculate between the prosecutor and South-South Professionals, as well Conception Seminary, Umuahia, defence counsel. Evil thrives where as chairman of Citizens’ Right from 1972 to 1975 and obtaining a good men keep quiet in the face of Advocate (NGO). West African General Certificate in evil. The Chief Justice of Nigeria He is the chairman, Skarput (Nig) Education, he proceeded to the should take a hard look at what is Limited; director, Executive Family University of Nigeria, Enugu, for going on now in the judiciary. Home Health Plan Limited, Lagos; his law degree between 1985 to Justice must not only be done, but director, Queen Ayesha Beauty 1988. must also be seen to have been Products Ltd, Lagos; director, Multi The legal icon attended the done. We must not allow technical- Trust Services Limited; Director, Fast Nigerian Law School, Lagos, from ities to stand triumphant over a Track Engineering Company Limited and chairman, Kaygee Communication Ltd. He took the step of faith to attain this mission when he enlisted His political roles include the campaign for democratic rule in the at the Immaculate Conception Seminary, Umuahia, Abia State. during the past 20 But as fate would have it, he ended up a “priest”, not in the con- newspapers years. He appeared as counsel for Concerned Professionals during the ventional temple, but in the temple of justice as a lawyer.

“It is not enough that we do our best; sometimes we must do what is required.” Winston Churchill

Profile

Uwazurike: A priest in the temple of justice suit for re-opening of The Guardian during General Sani Abacha’s government in 1995 for which The Guardian commended him in its editorial article on October 1, 1995. He has engaged in several television debates and discussions (NTA, AIT and Channels) on democracy, insurance, product liability, power generation, organisation, prison reforms, police efficiency and improvement and review or expectation at independence from 1996 to date. He has also interpreted the anticorruption action on NTA for two nights. He interpreted parts of the 1999 Constitution for NTA’s “You and the Constitution” He has also contributed to debates on foreign policy, international relations, sovereign immunity and so on via Voice of Nigeria from 1994 to date. He has reviewed live legal and political issues. He reviewed

the 2007 general elections on NTA. Uwazurike has delivered a lecture on “Medico Issues on Aids” at the Institute of Medical Laboratory Technology of Nigeria, Lagos University Teaching Hospital (LUTH) on June 26, 1998. He delivered a lecture on “Legal Implications of Bio Harzards” at the Psychiatric Hospital, Yaba, for the Institute of Medical Laboratory of Nigeria on March 19, 1999. This lecture was serialised in The Guardian of July 6, 1999 and July 13, 1999. He published an article in The Guardian of February 21, 1999, titled: “Separation and Division of Powers of the Federal Republic of Nigeria Constitutions 1999.” Uwazurike, who is happily married, is a member, Nigerian Bar Association (NBA), National Committee of the NBA database. His traditional honours include the title of Ide and Ugonabo.

Do you know… Right Issue Shares meant for the subscription of existing shareholders. Enebong v. Ekarika (1998) 2 FHCLR 407 at 417

LAW 71

THE GUARDIAN, Tuesday, March 5, 2013

LawReport Land validly acquired can be used for other public purposes In the Court of Appeal, Lagos Judicial Division, Holden at Lagos, On Friday, January 18, 2013, Before their Lordships: Rita Nosakahre Pemu, Justice, Court of Appeal; Chinwe Eugenia Iyizoba, Justice, Court of Appeal; Fatima Akinbami, Justice, Court of Appeal CA/L/563/08 Between The Federal Government of Nigeria, The Federal Ministry of Works and Housing, The Federal Attorney General and Minister of Justice (appellants/cross respondents). and Chief Rasaki Akinde, Alhaji Sulemon Bamgbopa, Alhaji Rasaki Akinola, Alhaji Akaani Sanni (respondent/cross appellants). (For themselves and on behalf of Ero/Akinola families of Aboru/Akinola Villages in the Alimosho Local Council Area of Lagos State). NCE land is shown to have been validly O acquired, it is deemed to be state land for the purposes of the State Lands Act, from the date of such acquisition and may be dealt in accordance with that Act, notwithstanding that the purpose for which such lands were acquired has failed or that all or any of such land are no longer required for the purpose for which they were acquired or are being used. So held the Court of Appeal, Holden at Lagos in a unanimous leading judgment delivered by his lordship, Chinwe Eugenia Iyizoba (JCA) his learned brothers Rita Nosakahre Pemu and Fatima Akinbami (JJCA), concurring while allowing the appellants’ appeal. The parties were represented by Itua Eigbe, Assistant Director Federal Ministry of Justice for the appellants/cross respondents and Y. S. G. Campbell, for the cross-appellants. The facts are as contained in the body of the judgment. The Federal Government of Nigeria in 1976, pursuant to the Public Lands Acquisition Act Cap 167

Justice Bulkachuwa (Acting PCA) Laws of the Federation of Nigeria 1958 acquired the lands in dispute which originally belonged to the respondents/cross appellants. They as plaintiffs instituted an action in a representative capacity for themselves and on behalf of their two distinct families - the Ero Family of Aburo Village and the Akinola Family, Akinola Village, both in Alimosho Local Council Area of Lagos State in the Federal High Court, Lagos Division by a writ of summons. In their amended statement of claim, they claimed inter alia: • A declaration that the plaintiffs are the owners and or persons entitled to the possession and or statutory right of occupancy in respect of all that vast area of lands more particularly delineated, demarcated, and marked A&B in survey plan No. OGEK 116 a-C/74 of 26/8/74 prepared by Surveyor S. Akin Ogunbiyi covering an area of about 117,90 hectares (with respect to the 1st and 2nd plaintiffs’ family) and plan no. OGEK /995/77 of 16/11/77 prepared by Surveyor S. Akin Ogunbiyi covering an area of about 14,537 hectares (in respect of the 3rd and 4th plaintiffs’ family) situate, lying and being at Aboru and Akinola villages respec-

tively of Abesan, Lagos State of Nigeria; • A declaration that the purported compulsory acquisition if any or without serving notice of acquisition, by the defendants of the plaintiffs’ land at Aboru and Akinola villages covered by the said Plan No: OGEK 116 A-C/74 of 26/8/74 prepared by Surveyor S. Akin Ogunbiyi in the Alimosho Local Council Area of Lagos State is un-constitutional, ultra-vires, irregular, null and void and of no effect whatsoever. The facts of the case from the plaintiffs’ pleadings are that the land in dispute belonged to their forefathers; that the land was used for farming and for building dwelling houses and that they depended on the products of their livelihood. In 1976, the defendants informed them that their lands had been acquired along with other lands in the neighbourhood. They claimed that they were not served with any acquisition notice; that they were driven away and their building demolished. They averred that the defendants divided the land into plots and sold them. The case of the defence on the other hand from their pleading is that the land in dispute was acquired in 1976 by the Federal Government of Nigeria by acquisition Notice No: 344 of 4/3/76 and published in Gazette 13 Volume 63 of 11/3/76. The notice of acquisition was published in the newspaper, as well as circulated to various villages that were affected. The ministry received letters from both families about their interests in the land; but they refused to collect compensation from the government. The sum of N501,207 was computed as compensation based on an area of 133.658 hectares that were found to be free from overlapping out of about 400 hectares overall. The assessment was arrived at by multiplying the land area by the government rate of N3, 750 per hectare. The Federal Government acquired the land in dispute for the construction of Low Cost Housing Estate but due to financial constraints, the Federal Government abandoned that purpose and introduced Sites and Services Scheme, which entailed demarcation of the area into plots and allocation to interested members of the public for a token amount. A successful allottee paid N1,500 per plot with ground rent of N50 per annum. The defendants averred that the allottees had built their houses and that 80 per cent of the land was already built up. The defendants further averred that the villagers were selling land within the excision area: i.e. the area left for the villagers. On July 4, 2007, the learned trial judge deliv-

ered judgment in the matter in the following terms: “In conclusion, therefore, it is hereby ordered as follows: • It is hereby declared that the plaintiffs are the owners or persons entitled to the possession and or statutory right of occupancy in respect of all that vast area of lands more particularly delineated, demarcated and marked A&B in survey Plan No. OGEK 116 a-C/74 of 26/8/74 prepared by Surveyor S. Akin Ogunbiyi covering an area of about 117,90 hectares (with respect to the 1st and 2nd plaintiffs’ family) and plan No. OGEK/995/77 of 16/11/77 prepared by Surveyor S. Akin Ogunbiyi covering an area of 14,537 hectares (in respect of the 3rd and 4th plaintiffs’ family) situate, lying and being at Aboru and Akinola villages respectively of Abesan Lagos State of Nigeria; • Relief (ii) is refused because the plaintiffs had sufficient notice of the acquisition of their lands by the defendants; • Relief (iii) is also refused because the plaintiffs’ lands were initially acquired for public purpose albeit it was later abandoned for lack of resources to execute the project. The defendants and the plaintiffs were dissatisfied with the decision of the lower court and both parties filed notices of appeal, the defendants as appellants and the plaintiffs as cross appellants. The appellants in their brief of argument formulated two issues for determination. The two issues formulated by the cross-appellants in their reply brief are the same as the appellants’ two issues. I shall, therefore, in determining the main appeal, treat the argument of the cross-respondents on the two issues as responses to the argument of the appellants on their two issues. The contention of learned counsel on this issue is that the residential layout or sight and services scheme is a housing scheme and not a change of user from the original purpose of acquisition as held by the lower court. Counsel argued that the learned trial judge got it wrong in his finding that the original scheme was abandoned and given another name i.e. site and services scheme. Counsel submitted that the acquisition was to make housing cheap and affordable to Nigerians in general and that a purpose, which is for the benefit of an individual is still a public purpose provided such an individual benefits, not as an individual but in furtherance of a scheme of public utility.

TO BE CONCLUDED

Here comes a guide in the fight against corruption By Bertram Nwannekanma NEW Citizens’ Guide to the Independent Corrupt Practices and Other Related Offences Commission (ICPC), which aims at encouraging Nigerians to report any corruption practices to the commission, whether or not they are directly affected, has been launched. The guide, launched by a Lagosbased rights group, the SocioEconomic Rights and Accountability Project (SERAP), in conjunction with the Open Society Initiative for West Africa (OSIWA), was written by the former Dean of the Faculty of Law University of Lagos, Prof. Oyelowo Oyewo. At the launch held over the weekend in Lagos, the SERAP’s Executive Director, Adetokunbo Mumuni said “the guide contains practical information,” including very important points such as examples of typical cases of corruption by local council officials, and how a citizen could lodge a complaint before the ICPC. “This simplified document, he says, aims at increasing citizens’ awareness about the ICPC and the fight against corruption. “The report also encourages citizens to take on the role of “whistle-blowers” that could trigger investigations into corrupt practices that could lead to prosecution and conviction of corrupt public officials, especially at the local council level.

It perfectly complements the Freedom of Information Act, 2011, which confers on the citizens the right to access public records under section one,” Mumuni said. According to the organization, “Section 24 (e) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) imposes a duty on every citizen to “render assistance to appropriate and lawful agencies in the maintenance of law and order”. Hence, there is a duty placed on every Nigerian citizen to report to the ICPC any form of action, activity, transaction, event, or phenomenon, that portends corruption under whatever guise.” The report explains that “the ICPC Act in Section 6(f) imposes a duty on the Commission to “to enlist and foster public support in combating corruption.” Hence, a citizen can make a report/petition about corrupt practices at any of the Offices of the ICPC, to enable any of the officers of the commission to investigate such report/petition as provided by the ICPC Act.” The report also states that “the combined effect of sections 22 and 39 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), provide the right to freedom of expression to the citizen, through the mass media to expose corruption, by publicizing such through the media. Such expose will be

aimed at triggering the self- initiated investigative powers of the commission that could be initiated by the chairman under Section 36(1) of the ICPC Act.” “While the report can be used by the citizens to lodge complaints before the ICPC on allegations of corruption generally, the report primarily focuses on local government level corruption in order to address the high level official corruption at this level, and as well as the impunity of

perpetrators,” the organization also said. According to the organization, “Several allegations of corruption among local council officials are not adequately reported; and actions are rarely taken to redress the problem or to achieve accountability. Yet, corruption at the local council level is assessed to be much more widespread that corruption at the federal and state levels, probably because of the direct and personal contacts

local council officials have with citizens in providing the most ordinary and most sought after public services.” Mumuni said that the application of the “report is undertaken under the organization’s citizens’ against local council corruption.” According to him, several copies of the report would be donated to the ICPC, and copies would be widely distributed and made available to the public free of charge.

Yusufu: NBA Abuja and Justice LTHOUGH Justice Abubakar Talba came under severe A criticism after sentencing a former pension fund chief, John Yusufu, to two years in prison with an option of N250,000 fine after he pleaded guilty in a N39 billion pension fund scam , however, his constituency, the Nigerian Bar Association (NBA), Abuja branch has come to his rescue. In a resolution reached after its general meeting at the weekend, the association said, it still had confidence in Justice Abubakar Talba of the Federal Capital Territory (FCT) High Court, Abuja and indeed, the FCT judiciary. According to the NBA, the FCT judiciary is not only diligent, upright and dedicated to its duties, but ranks among the best in the country. “The NBA Abuja has absolute confidence in the FCT judiciary in general and Justice Abubakar M. Talba in particular, based on his track record,” the association said in the resolution signed by its Chairman, U. M. Yamah and

Secretary, Afam Okeke. To the body, Justice Talba acted within the provisions of Section 309 of the Penal Code Act, Cap. 532, Laws of the Federal Capital Territory, Abuja , Nigeria , 2007 when sentencing Yusufu. “The records of the court revealed that the parties had only a charge bargain, to wit: charges 18,19 and 20 and not a sentence bargain, as sentencing is within the absolute discretion of the presiding judge. “The Unity Bar as vanguard in the pursuit of the enthronement of the Rule of Law will not, in any way, allow any person or group of persons in glaring politically motivated circumstances trample on the sanctity of the FCT Judiciary in particular, and the nation’s judiciary in general. “We certify that the above are true and accurate extracts from the minutes of the general meeting of NBA Abuja Branch dated February 8, 2013,” the association said

THE GUARDIAN, Tuesday, March 5, 2013

72 LAW

FamilyLaw Wife battery in Nigeria and the Law (2) By Bertram Nwannekanma N Nigeria, wife battery is mainstream and Iculture. women have come to accept it as part of the Leaving your abusive husband when kids are involved in Nigeria is a very difficult thing. The man will easily marry another woman and the woman will be maltreating your kids. I have seen it happen so many times, some of the kids are even thrown out of the house and their future destroyed. The culture of violence against your subordinates, that our culture greatly promotes, is the cause of all these. Many women accept and also participate in this act of violence, they beat their house-helps and younger siblings all the time. You hear women uttering words like “ do you want to make my husband to beat me?” all the time, without blinking. Churches are also blamed for really contributing to this, because there are so many cases of battery, where the churches berate the women that try to leave, by telling them that they are trying to let the Devil win.

God hates divorce, is the mantra everywhere in the churches. You must hold unto your vow that says “for better or for worse,” is always promoted by the churches. No pastor will ever tell

women. You hear people saying “see her, she is divorced” or “ she cannot stay in a man’s house”. That stigma is the last thing most women would want to be associated with. So wife battery has become a hopeless case in Nigeria that doing away with our culture that promotes violence against our subordinates remains the only way out. But that culturechanging thing may not come soon. Only a few cases of wife battery are documented in Nigeria, leaving a large chunk of them resulting in deaths and dissolution of marriages. Most victims of domestic violence opt for judicial separation to save themselves from untimely death, while many still stay in the pain and anguish to save their marriages for the sake of their children. Wife battery has also been blamed on inadequate enforcement of laws, which make many you to leave, they will always tell you to pray, victims to shy away from reporting those cases fast and expect your miracle that will happen to the appropriate authorities. This can be handled by enacting specific legissoon. Divorced women are looked up on as bad lation to check this abuse of women.

YOU AND THE LAW —-With Dupe Ajayi Elements of a contract (2) Acceptance as an element of contract Scenario HE venue of the proposed party of T our neighbour’s association may have to be changed, stated Mr. Felicity Why? Asked Mr. Show ‘They said that Enjoyment Hotel has turned them down from the use of its entertainment hall,’ answered Mr. Felicity How can they do that, the Jolly Association already paid N550,000 for the use of the hall, responded Mr. Show Yes, but hotel says that it charges N600,000 for the use of the hall, meaning that the payment of our neighbour is short of N50,000, informed Mr. Felicity That is not fair, the hotel should be able to overlook the N50,000 as a discount, N550,000 is a lot of money to pay for a hall, Jolly Association must not accept that rubbish, concluded Mr. Show. The scenario above paints the picture of a situation that is generally regarded as acceptance by the layman. Last week, we looked at offer as an element of contract. This week, we will look at the stated scenario and acceptance as another element of contract. A look at consideration will follow next week. Acceptance For there to be a valid contract, there must be three elements in any agreement between the parties to the agreement. The three elements are offer, acceptance and consideration. In other words, for an agreement to form a basis of a valid contract, one of the parties to the agreement must make an offer, which must be accepted by the other party and consideration must be present. The scenario here today paints a classic picture of problems arising from lack of acceptance in a situation or in circumstances where the party to whom the offer is made purports to have accepted the offer, whereas the purported acceptance is tantamount to non-acceptance, rejection or lack of acceptance in law. This invariably leads us to what amounts to accept-

ance of an offer in law. In Orient Bank MC v Bilantel International Ltd, (1992) 8 NWLR (pt 155) page 35 at 55, the court defined acceptance thus, “an acceptance of an offer is the reciprocal act or action of the offeree in which he indicates his agreement to the terms of the offer as conveyed to him by the offeror. Putting it in another language, acceptance is the act of compliance on the part of the offeree with the terms of the offer. It is the element of acceptance that underscores the bilateral nature of a contract. Acceptance can be expressed orally or by conduct. For an acceptance to be valid or operative, it must be clear, plain or unequivocal, unconditional without variance of the offer and it must be communicated without unreasonable delay. See the case of Major-General George Innih (rtd) v Ferrado Agro Consortium Ltd (1990) 5 NWLR (152) 604. Cases abound where a party will claim to have accepted an offer while introducing another term to the offer made to him or her. For instance, if A says to B that he wants to sell his car at the cost of N500,000, and he wants the money latest by 9.00p.m. same day. If B is interested in the offer but says that he will pay A tomorrow by 9.00am, B, as a layman, will believe that he has accepted the offer by A. In law however, B has not, because the variation by B of the time the N500,000 will be paid from 9.00p.m. of that day, till 9.00a.m. of the following day, is an act of introducing another term to the offer made to him. The implication in law is that the variation of time the money will be paid by B has destroyed the offer made to him by A. Niki Tobi J.C.A, as he then was, in Orient Bank Plc. (supra), aptly states the position thus, “in order to constitute an acceptance, the assent to the terms of an offer must be absolute and unqualified. If the acceptance is conditional or if any fresh terms is introduced by

the person to whom the offer is made, his expression of accent amounts to a counter offer which in turn requires to be accepted by the person who made the original offer”. For an acceptance to be operative, it must be plain, unequivocal, unconditional and without variance of any sort between it and the offer. The offeree must unreservedly assent to the exact terms proposed by the offeror. A counter offer or a qualified acceptance or an offer cannot give rise to a binding agreement between the parties. In Innih v Ferrado (supra) Major General Innih was the chairman of Nigerian Palm Produce Board, whose respondent company, (Ferrado Agric Consortium), offered the assets of the Board to

the respondent for the sum of N3, 550,000, provided payment was made within three days. The respondent company thanked Major-General Innih for the offer and required the payment period to be extended to three weeks. The Board immediately sold the assets to another party. The respondent company filed a suit, seeking to nullify the sale to a third party on the grounds that it had accepted the offer by the Board and that it was no longer open to the Board to sell the assets to another party. The court of Appeal rejected the argument and held that the request of the respondent company for an extension of time within which to make the payment is a conditional assent to the offer made to it by Major-General Innih and that a conditional assent to an offer does not constitute an acceptance.

From the foregoing, it is beyond doubt that the management of Enjoyment Hotel is not in breach of any contract because the letter of Jolly Association indicating that they would pay and actually did pay N550,000 for the hall is not an acceptance of the offer made to it by the management of Enjoyment Hotel, rather the request of the Association constitutes a counter offer which the hotel management is at liberty to accept or reject. The rational for the above principle is to ensure certainty and definiteness in the commercial aspect of human relations. It also avoids unending and inordinate negotiations between parties to a transaction and most importantly, it underscores mutuality and freedom of contract.

LAW 73

THE GUARDIAN, Tuesday, March 5, 2013

Crucial legal issues in aircraft lease negotiation CONTINUED FROM LAST WEEK By Aderemi Adekile Determine the goals of your client. T is wise to advise the client of legal constraints and determine what goals the client wishes to achieve in the negotiations. The Solicitor involved in an aircraft lease negotiation should do well to advise his client that all aircraft leases are negotiable. This is despite what a lessor may advise to the contrary and notwithstanding that they are prepared by a lessor or its lawyers and the airline is told that they are closed provisions (i.e. not open to debate). The legal direction of the transaction must be made clear. Too often negotiations are driven by ego or other irrelevant considerations. Experience has revealed that many airlines have encountered difficulties by not recognizing early the need for sound legal guidance during the process. The responsibility of the Solicitor goes beyond merely drafting a document incorporating the terms agreed on. For example the staff should be made aware of the fact that internal communications are creating a record that may very well someday be embarrassing if not protected. They also must be made aware of the constraints imposed by the applicable laws. Establish a list of the basic terms sought. Establish clearly what basic terms are required in any lease entered into without which there will be no agreement. These are the parameters within which the negotiating team will work. The Solicitor would have to ensure that all the business agreement reached during negotiation between parties are reflected in the Lease. It can really embarrassing for your client to receive an engrossed/draft Lease Agreement which terms are different from the terms that were agreed during negotiation. While the terms can cover any number of issues the following typically are considered:

i. ii.

Financial terms Liability issues

iii. iv. v.

Insurance requirements Security responsibility Length of agreement

Who is negotiating and what is his level of authority. Within any organization there are levels of authority provided for the organizational structure. Authority may be delegated or be explicitly provided for. Before starting negotiations however the negotiating team should clearly understand the level of authority and what the representative of the Lessor can agree to. Usually any agreement is subject to final approval of the Board of Directors unless authority has previously been delegated. It is important for the negotiating team to know what the representatives of the Lessor can agree to without going back for instructions or approval. It is possible for instance that under applicable law, the consent or approval of a regulatory authority may be required to the transaction. Set a timeline Negotiation can be time consuming, unless well arranged. Time is money with and it is advisable to have a schedule for negotiations as well as the necessary approvals that are necessary for such agreements. Negotiations have been known to drag on for months unless the parties agree to a schedule to move them to closure. Consider the termination events Termination event is a critical provision in an Aircraft Lease Agreement in that it is usually given a restrictive definition to mean any event stated to be a termination event as provided for under the particular provision of the Aircraft Lease Agreement. An experienced Solicitor would ensure that the clause is not left out. This is important because it is suicidal to leave out such a sensitive clause or leave the termination events to the general provisions of the law. Objection should be raised to inequitable clauses in this area. Such should be negotiated out. Not to do so is to sow the seed for future trouble. A Solicitor should spend a reasonable time reading the clause, juxtaposing it with related provisions in

Mohammed Adoke, AGF other parts of the lease. The Solicitor may have to read between the lines. It may also be important to take good care not to leave behind the provision on right on a termination. This is important as it is a fall-back provision. There was a very pathetic situation in which an overseas company in a de-registration matter in which a Nigeria sub-lessee Airline was in a grave situation. Under the terms, the airline agreed that it shall terminate forthwith upon notice from the head lessor of any termination of the head lease by reason of any event or default. There was no provision for the right of the lessee on termination. Inevitably, the sublessee had to suffer for the default. Legally, the agreement was valid, but the “stupid thing” was that it contained no provision for a right on termination of the agreement. The Solicitor in that case could be said to have setback or put under fire both the legal right and equity of the airline. The Issue Of Indemnities It is customary for the lessee to undertake to indemnify and hold the lessor harmless from and against any and all loss of or damage to the aircraft during the lease period and agrees, irrespective of the reason for such loss or damage except in the cases of total loss in which the lessee has to reinstate, repair, or replace the

relevant part(s) of the aircraft at its own expense so that the same are in as good an operating condition as previously existed. The directors of the Lessor company, its officers, agents and employees should be properly indemnified against claims, actions, damages, losses, costs arising out of or related to the use, repairs or servicing of the aircraft under the agreement. Return condition of the aircraft Another fundamental covenant relates to the return of the aircraft at the expiration of the agreed term. Clearly, the primary consideration here is that the lessee should return the aircraft in the state and condition in which it would have been had the maintenance obligation provided in the agreement be adhered to. It is also important to look at the issue of the place of delivery. This should be stipulated in the agreement. Some measure of flexibility may also be introduced into the clause or provision on return condition. It is not un-usual for such a clause to contain provision like this; “Such other location as may be agreed”. It may also usually be agreed that re-delivery conditions and conditions under the Agreement are to be complied with. Lessor’s valid certificate of air worthiness and current maintenance record in a specified language may also be made a condition. The date of delivery, period of inspection and items to be inspected are agreed. Rectification at the cost of the lessee may be provided for. There should be provisions for Arbitration, place and number of Arbitrators in the event of dispute as to the condition on redelivery. There should be a provision relating to delivery upon early termination. On must endeavour to state that we should always go beyond the lessor’s standard provision to negotiate into the return conditions provisions which protect the lessee against liabilities for reasonable or envisage-able “wear and tear.” Leasing and quiet enjoyment of

the aircraft One of the most important provisions in a lease agreement is the provision on leasing of the aircraft to the lessee by the lessor. The provision will state clearly that the equipment is being leased for the term specified in the agreement. It is always important for the aircraft that is being leased to be properly identified. It is usual to identify the aircraft by the serial number assigned by the manufacturer, the registration number, type of aircraft and engine number. When a Solicitor is drawing up an aircraft lease agreement, it is fundamental that a basic operative clause covering the obligation to lease and take on lease be inserted. It is unusual for a lessor to undertake anything other than the giving of quiet possession. Representations and warranties are crucial and are common features of all standard lease agreements. Their purposes are diverse. The lessor must as a matter of utmost importance represents and warrants to the lessee that it has full right and power to lease the Aircraft on the terms of the Agreement and that for as long as the lessee continue to observe its obligations thereunder and no event of default has occurred, the Lessee shall be entitled to the quiet enjoyment and use of the Aircraft free from interruption by the lessor or any person deriving title from it. Sub-leasing In all cases it should be possible for the lessee to sub lease the aircraft. Airlines should be careful not to bind themselves to absolute nonsubleasing clauses. There should always be some measure of flexibility. One negative trend that is now getting popular is “biased drafting”. This is always in favour of one of the parties and the lessor most of the time. This practice note does not pretend to provide an exhaustive list of all the usual headache but covers the areas which cause the main legal problems for an airline. • Adekile practises law in Lagos

Maritime Law and Nigeria’s competitive advantage Issues By Femi D. Ojumu ITH 5.1 billion cubic metres of natural gas reserves; a population of 163 million people; Nigeria is the world’s 12th largest petroleum producer. This article considers the country’s relative competitive advantage as a midAtlantic coastal country, from the prism of maritime law. Competitive advantage simply means the ability to out-perform one’s rivals by efficiently configuring one’s resources to consistently achieve optimal outcomes. Illustratively, this could mean outperforming one’s rivals on balance of trade outturns, attracting foreign direct investments (FDIs) or the sustainable increase in foreign exchange reserves. Rivals refer to countries in Nigeria’s risk class like India and South Africa within the Commonwealth, and Brazil, beyond. Indeed, since the 1914 British amalgamation of the Northern and Southern Protectorates to establish Nigeria, the economic exploitation of the nation’s maritime assets has been a recurrent strategic policy objective. A brief review of some maritime statutes is, therefore, instructive. The rather short River Niger Transit Act 1924, s.1 thereat, provides that “vessels and goods may pass in transit between the sea and places beyond Nigeria via the River Niger…” Anglo-Nigeria and intra-Nigerian trade was rife at the time. Plus, in the absence of military campaigns by Britain (the then colonial power) inferentially, the presumption is that the legislation was informed by the need to enhance trade. This would, therefore, have benefitted Nigeria’s economy directly or indirectly. The Shipping Policy Act (SPA) of 1987 reinforces this policy aim of enhancing Nigeria’s competitive advantage. It established the

sel wholly owned and “National Maritime manned by a Nigerian Authority” which had the citizen, built and regisobjective of correcting tered in Nigeria…” “any imbalance in the from engaging “in the Nigerian shipping trade, domestic coastal carfor the purpose of impleriage of cargo and pasmenting the provisions sengers within the of the UNCTAD Code of Coastal, Territorial, Conduct for Liner Inland Waters, Island Conference, especially to or any point within the observe the ratio of waters of the Exclusive 40:40:20 in respect of Economic Zone of goods to Nigerian ports”. Nigeria”. Although the SPA has Likewise, another sigbeen superseded by the nificant and linked Nigerian Maritime enactment is the Administration and Nigerian Oil and Gas Safety Agency Act Industry Content (NIMASA) 2007, the policy Development Act 2010. aim of enhancing the This aims to provide nation’s competitive for the development of advantage in maritime Patrick Ziekede Akpobolokemi, NIMASA DG Nigerian content in affairs remains constant. NIMASA’s overriding aim is to “promote the the oil and gas industry, as well as embedding development of indigenous commercial “Nigerian content” as a management philososhipping in international and coastal trade; phy for project execution. and regulate and promote maritime safety, The question now sprung is the relevance of security, marine pollution and marine this legislation in assessing Nigeria’s maritime competitive advantage. That query is setlabour…” During the period between the enactment of tled against the fact that approximately 80 per the Shipping Act 1987 and the NIMASA 2007, cent (or USD$86.20billion crude oil export Nigeria promulgated the Coastal and Inland value out of total exports worth USD$108.30bilShipping (Cabotage) Act of 2003. The overrid- lion) of Nigeria’s foreign exchange earnings ing objective of this seminal enactment was emanates from exporting crude oil. The latter not simply to enhance the country’s compet- is transported to target markets in the USA, itive advantage in maritime affairs. It was also Europe, Brazil and Asia in oil tankers on the geared towards organically developing high seas. Put differently, that enactment has far-reaching ramifications for all aspects in Nigeria’s maritime capacity and capability. The Cabotage Act is aimed at restricting the the strategically important value chain of the use of foreign vessels in domestic coastal country’s upstream and downstream petroletrade, promoting the development of indige- um sector of the economy. nous tonnage, and establishing a cabotage Proceeding on the basis that the policy and vessel fund. Section 3 of the Cabotage Act legislative intentions are clear, there remain expressly prohibits “a vessel other than a ves- subsisting questions craving answers. How, in

a globalised economy does the aforementioned Section 3 of the Cabotage Act enhance Nigeria’s competitive advantage? What is the approach of the Nigerian superior courts? To what extent are services effectively coordinated between the Customs, NIMASA, the Nigerian Navy and the Federal Ministry of Transport? How are the “combatants” operating in the Niger Delta being curtailed? How, if at all, are Nigerian banks financing the acquisition and construction of vessels? Nigerian Banks are rightly concerned with maximising returns on investments for shareholders and meeting statutory requirements on increasing capital reserves and deposits. This is especially against the backdrop of the global banking crisis, which commenced in 2007/8 coupled with the stringent requirements of Sections 30-32 of the Banks and other Financial Institutions Act (BOFIA) 1991. That statute empowers the Central Bank of Nigeria (CBN) to forensically analyse the accounts of Nigerian banks. In other words, Nigerian banks’ priorities are not geared towards financing the acquisition of and construction of maritime vessels. This activity, therefore, cannot be a source of competitive advantage in Nigeria’s maritime industry notwithstanding the fact that the Cabotage Act 2003, at Section 3, expressly provides for it. Conversely, the amnesty programme launched by the Nigerian government in 2009 to re-integrate combatants has helped engender some measure of peace and tranquillity in the Niger Delta, which was once the haven for criminality - piracy, kidnappings and murder, etc. The net result has been a freer flow of maritime trade between Nigeria and international trading partners. This phenomenon clearly enhances the nation’s competitive advantage.

TO BE CONCLUDED

THE GUARDIAN, Tuesday, March 5, 2013

Sports Eaglets so golden, thrash Botswana 9-0

South Africa 2013 CAF Nations Cup Fall-Out

Eagles’ winning bonus ready before Kenya clash, NFF assures

HE Golden Eaglets actualT ly saved their best for the last with a thrilling 9-0 pounding of Diamond Zebras of Botswana to complete an aggregate win of 120 over two international friendlies in as many days. On Saturday, the Nigerian Under-17 team beat its Botswana counterpart with three first half goals much to the dissatisfaction of the crowd, who felt the Coach Manu Garba boys were wasteful in the second half. Yesterday’s game was tighter with Botswana ‘packing the bus’ with more players in defence. Coach Kagiso Kobedi brought in four fresh players to fortify the team but in the end, it was not enough to stop the rampaging Nigeria’s budding team. Breakthrough came for the Golden Eaglets in the 17th minute when Musa Yahaya broke free from the left flank and glided the ball on the path of Bernard Bulbwa, who dribbled an on-rushing defender before slotting the ball beyond goalkeeper Ezekiel Morake for the opener. Though the Nigerian youngsters enjoyed more possession thereafter, poor markmanship robbed them of more goals in the first half. Expectedly, the Golden Eaglets turned the heat in the second half of the highly entertaining game and soon the goals started coming like a torrential rain.

Federation unaware of Igiebor’s case Eagles’ list now out tomorrow From Ezeocha Nzeh, Abuja HE Nigeria Football T Federation (NFF) has promised that the yet to be settled South Africa 2013 African Nations Cup final match bonus of the players and officials of the Super Eagles would be ready before the team’s World Cup qualifying match against the Harambee stars of Kenya. The match is billed for Calabar on March 23. The Federation said it was not able to pay the Super Eagles’ players and officials their $10, 000 winning bonus after the defeat of the Stallions of Burkina Faso in the finals of the Nations Cup because it lacked the fund to do so then. NFF General Secretary, Musa Amadu said yesterday in Abuja that the federation was not unaware of the debts to the players, adding that the team understood its plight then hence they did not raise any dust about the money. “We all know the great importance attached to the match against Kenya so I believe the players will get enough motivation to ensure that they not only win against the Kenyans, but secure the group qualifying ticket for the World Cup,” Amadu stated. The NFF general secretary also revealed that the feder-

On Super Eagles midfielder, Nosa Igiebor, who is currently battling with Spanish immigration authorities to secure his work permit, the NFF said it was unaware of any such thing, adding that it is only when the federation is properly informed by the player or his agent that it can decide to intervene ation would now release on Wednesday the list of homebased players to be invited by Coach Stephen Keshi to commence camping on March 9, adding that they would be joined by their foreign based counterparts, one week to the Kenya clash. On Super Eagles midfielder, Nosa Igiebor, who is currently battling with Spanish immigration authorities to secure his work permit, the NFF said it was unaware of any such thing, adding that it is only when the federation is properly informed by the player or his agent that it can decide to intervene.

Eagles need over N100m for World Cup qualifier IGERIA needs over N100 N million for its 2014 World Cup qualifier at home to Kenya on March 23. Nigeria Football Federation (NFF) General Secretary, Musa Amadu told MTNFootball.com, “it would cost us well over a N100 million to prosecute the game. “These are not the best of times cash wise for the Federation, but we are not relenting in ensuring that all goes well with the Nigeria Kenya World Cup qualifier. “NFF board member and Head of Finance Committee, Shehu Adamu says the National Sports Commission (NSC) is aware of the federation’s financial plight. “We are waiting for the funds from NSC so we could start preparations for the Kenya match. The minister, who is in charge of the ministry, is aware of our programme and I am sure he will release the funds soon,”

Adamu said. “We have done the right thing and we expect the commission to do same so we could put something in place for our match against Kenya.”

UEFA Champions League

Igiebor

ITTF confirms scholarships for Nigeria’s duo of Oribamise, Osibanjo By Olalekan Okusan FINAL confirmation yesA terday came from the International Table Tennis Federation (ITTF) that Nigeria’s pair of Tosin Oribamise and Ahmed Osibanjo has been granted scholarships. Being the first two scholarships of this year’s programme to be allocated by the table tennis world governing body, the players were awarded the scholarships after winning the ITTF Hopes Boys’ and Girls’ Singles titles at the 6th West African Championships staged in Abidjan, Cote d’Ivoire recently.

According to ITTF, the scholarships is funded by the Continental Development Programme, which includes a special budget for education and training programmes and projects, while the players will also receive full hospitality to attend the ITTF World Hopes Week and Challenge expected to be staged at the Werner Schlager Academy in Schwechat on the outskirts the Austrian capital city of Vienna from Sunday June 9 to 17, 2013. National Coach, Nosiru Bello led the Nigerian team to Abidjan, while he singlehandedly sourced for the fund for the team to be part

the competition. President, Africa Table Tennis Federation (ATTF), Khaled El-Salhy said the scholarship would allow the players to attend free accommodation, lodging and entry with their national associations responsible only for flight tickets of the selected players in the 2013 ITTF Hopes Week & Challenge in Schlager Academy, Austria. The ATTF boss said that eight players are expected to be selected from the continent, with two players from Nigeria already qualified, while the remaining six will be known next month after the Africa Hopes Week to be held in Egypt on April 20 to 27 this

I won’t resign, insists embattled Wenger RSENAL Manager, Arsene A Wenger, admits his team faces a “massive challenge” to get back into the top four of the Barclays Premier League after losing 2-1 at arch-rivals Tottenham - but he is not about to throw in the towel just yet. The Gunners left White Hart Lane empty handed and some seven points adrift of Spurs after first-half goals in the space of two minutes from Gareth Bale - his 20th of an outstanding campaign and Aaron Lennon proved enough to seal a home victory.

Arsenal had started the game well and rallied hard after Per Mertesacker replied with a header in the 51st minute, but ultimately the Gunners failed to find an equaliser. Spurs moved back above Chelsea and into third place, with Arsenal now five points behind the Blues and in real danger of missing out on Europe’s top club competition for the first time in the 16 seasons of Wenger’s reign. The Gunners boss, though, feels there will be some more twists and turns yet over the final 10 matches of the campaign.

“It will be a massive challenge, I said before the game that we could not afford to drop points,” Wenger said. “However, I still think it is possible and we will fight for it, that is for sure.” Wenger was left perplexed at just how his side lost a game which it dominated for long spells, but paid a heavy price for a couple of inexplicable defensive lapses. “It is frustrating because we put so much effort in and lost the game when we were on top, we were 2-0 down when we should have been 2-0 up,” he said.

“After, it gave them confidence to defend well, which is what they did for the rest of the game. It is difficult to understand how you lose a game like that. We had a great attitude and came out with no points because we were not efficient where it matters, at the front and in the back. “Also, without being at any moment dominated, the only times Tottenham were dangerous was on counterattacks. If you are dominated and they create chance after chance, okay you accept it, but this was a strange game to lose.”

Man United, Real Match billed for Gala Soccer Fan Base S the likes of Robin Van A Persies, Wayne Rooney, Cristiano Ronaldo and Karim Benzema set Old Trafford on fire in tonight’s eagerly awaited Champions League match between Premiership League leader, Manchester United and Real Madrid, Basorge Tariah Junior will be dousing the tension on Gala Soccer Fan Base, the popular mix of refreshing soccer news and comedy on radio. The match, which promises to be a cracker, is truly a clash of the giants as both teams are currently in top form with impressive wins over the weekend. It is delicately poised after a gripping first leg that ended 1-1 at the Bernabeu. Tariah Junior, a veteran comedian, who anchors the programme with Chuka Izuegbuna, a popular radio personality, will be serving listeners with latest news on the all-important match and other hot soccer news spiced up with great dose of humour to ease off the anxiety generated by the match. The 15-minute offering, from the stable of HotSports Nigeria Limited, a leading sports media marketing and production company deals with football issues in a light-hearted manner.

THE GUARDIAN, Tuesday, March 5, 2013

SPORTS 75

NFF to resolve Mba’s case tomorrow, as Yuguda fetes Eagles HE controversy surroundT ing the ownership of Super Eagles’ midfielder, Sunday Mba, will be resolved tomorrow, the Nigeria Football Federation (NFF) has said. According to the NFF, the committee it empanelled to resolve the controversy over the ownership of Mba would meet in Abuja to decide, which team between Enugu Rangers and Warri Wolves owns the Nations Cup hero. Controversy has been raging among several clubs over

the ownership of the nimblefooted marksman, who scored the winner against the Elephants of Cote d’Ivoire in the quarterfinals and the only goal in the final match against Burkina Faso’s Etalons at the 29th Africa Cup of Nations that ended in South Africa last month. Already, the committee has invited officials of two-time CAF Champions League winners, Enyimba of Aba, Enugu Rangers, Dolphins of Port Harcourt and Warri Wolves,

alongside the player himself. “The committee will sit on Wednesday and we will look at all papers presented by all parties, and be guided by the rules, without fear of favour. We will look thoroughly into the matter with the highest sense of responsibility and take just decision, in order for the player to continue his club and national team career with peace of mind and comfort,” said Dr. Mohammed Sanusi, NFF’s director of Competitions. Meanwhile, Bauchi State Governor, Mallam Isa Yuguda will this afternoon host some NFF officials and the Super Eagles to appreciate them for Nigeria’s triumph at the Africa Cup of Nations in South Africa. The Super Eagles swept all before them to clinch the trophy at the 29th edition of the 56-year old competition, making it the first time in 19 years and third time overall that Nigeria would emerge c h a m p i o n . NFF officials said Monday that the delegation will be led by its President, Alhaji Aminu Maigari, with a number of executive committee members, management and some presidential aides also on the entourage.

Mba…. in the middle of clubs’ row

Kienka, Osagie, Mefo win as Delta Airline Tennis Classics ends in style international tenFtwoORMER nis star, Godwin Kienka led other veterans, Peter Osagie and Godson Mefo, to success at the Delta Airline Tennis Classics, which ended at the weekend at the Lagos Lawn Tennis Club, Onikan. After six days of tennis action at the revamped home of tennis in Nigeria, it all came down to the final matches in the three categories, comprising Open, Veterans and Super Veterans, all eyes were on which players would emerge victorious and walk home with the giant trophies and return air ticket to Atlanta, Georgia, U.S.A, all courtesy of the sponsors, Delta Airlines. In the super veterans category, Godson Mefo defeated Kola Omoyele in two sets of 64, 6 -3, which earned him a flight ticket to the United States of America. Next to win a flight ticket to U.S.A was Peter Osagie, who overcame Akande Mutiu in

straight sets of 6-2, 6-3. Osagie was the top seed of the Open category, so his victory did not surprise tennis faithful. Another big winner of the night was Godwin Kienka, who competed in the veterans rank and topped all others to land the winner prize of an air ticket to Atlanta. Kienka defeated Sikiru Quadre in quick sets of 6-2, 62. All the winners were excited with their package, which the President of the Lagos Lawn Tennis Club, Barr. Sam Egbuchunam said was just the beginning of great things to happen to members of the club as the sponsors have pledged to continue sponsoring the event. Speaking during the closing ceremony, Egbuchunam said his administration was determined to ensure that the club actualised the ideals of its founding fathers like Lord Rumens of blessed memory. Egbuchunam, while appre-

ciating the sponsors for bankrolling the competition, said that the wind of change blowing in the club was going to usher in new things that will shape the life of tennis players.

Athletes compete in the boys’ 1500metre of the ongoing maiden Premier Lotto Lagos Schools Athletics Championship, holding at the Teslim Balogun Stadium…yesterday. PHOTO: FEMI ADEBESIN-KUTI

Premier Lotto Lagos Schools Athletics Championship

Schools in District Five jostle for places in grand finale By Olalekan Okusan CHOOLS in District Five SBalogun will today storm Teslim Stadium to jostle for places in the March 9 grand finale of the maiden Premier Lotto Lagos School Athletics Championship. District Five is made up of schools from Ajeromi Ifelodun, Ojo, Amuwo-Odofin and Badagary with thousands of athletes hoping to be part of the 48-man list from the district. Meanwhile, Yetunde Fajobi of Government Senior College, Agege and Franklin Okpara of Alimosho Senior High School have dedicated their victories at the championship to their schoolmates.

Fajobi ran 13.9 sec to win the girls’ 100m, while Opara ran 11.8 sec to emerge the winner in the boys’ 100m in District 1. Fajobi attributed her sterling performance to the huge support she received from her schoolmates while shaping up for the tourney. “I want to dedicate this victory to my schoolmates and teachers who stood by me during my preparations. I think this victory will boost my morale to excel in the grand finals on Saturday,” said the senior class one student. Just like Fajobi, Okpara said his triumph in the boys’ 100m was made possible through the support of his

mates and the teachers. “I’m so happy winning this race. I will work harder so that I can do better in the final,” he said. So far with the conclusion of qualifiers in four districts, 192 athletes have confirmed their participation in Saturday’s finale holding at Teslim Balogun Stadium. Also, over 288 athletes will compete in the grand finale with the top three athletes in 100, 200, 400, 800, 1500, shot put, long and high jumps carting home prizes for their schools. According to the organisers, the technical officials have unearthed several talents, while more talents are expected to be discovered

Lagos International Polo Tournament

Ibadan Mapo, dream big as final onslaught begins tomorrow The train will move to Eleyele the ETERMINED to avoid their D experience of the first stanza of the on-going Lagos International Polo Tournament, where they were booted out in the Dansa Cup, Ibadan Clubs, Mapo and Eleyele, say they are determined to succeed in the closing week of the competition. Ibadan Mapo and Ibadan Eleyele are optimistic of doing well in the Low Cup since Lagos Ericsson, beaten by Kano Ibah, is no longer in contention for the prize.

Speaking after Sunday’s games, where he helped Team A to beat the Veteran and Kids, Edozie Onwuli, who is Eleyele’s leading player in this competition, says he can’t wait for action to resume tomorrow. He added, “we are eager to put up a better performance next week, everything is open going by the way Kano Ibah won the Dansa Cup.” The Captain of the Ibadan Polo Club, Kanyinsola Owoeye, who said it is now

fine-tuning its weaknesses in order to have a shot at the title, shared his optimism. Ibadan Challenge and Ibadan Jericho will compete in the Low Cup, which will have eight teams with Ibadan Jericho battling Kano RTC in the second match tomorrow, while Challenge will take to the field against RTC on Friday for their first game. Meanwhile, Tournament Director, Tade Oyinlola has predicted that the game of polo will grow at a faster pace

Nigeria. Oyinlola cited the high number of backings this year’s edition is enjoying as a pointer to his prediction. With Guarantee Trust Bank coming on board with MTN as a major sponsors, Dansa, UBS, Delaney Petroleum, Veuve Clicquot, Land Rover, Atlantic Energy, MRS Stanbic IBTC, Chapelhill & Denham, Southern Sun, Caverton Helicopters are also sponsoring the prestigious tournament.

BOA Lawyers League

Goal crazy Lagos Justice Ministry thrashes Banwo/Ighodalo 4-0 AGOS State Ministry of LSunday Justice went goal crazy on when it thrashed the law firm of Banwo & Ighodalo in one of the games of the ongoing BOA Lawyers League holding at the Astroturf, Ikoyi. Propelled by sharp shooter, Adamson, who scored two goals in the eight and 13th minute, the Lagos Ministry lawyers opened scores as early as the seventh minute through Ajanaku, got Adamson’s brace and rounded off the victory with a 17th minute strike by Ayodeji. In other games played on the same day, Falana & Falana beat Aelex Partners by a lone goal scored by Okunlade on the eighth minute, while Probitas/B.Ayorinde defeated Ricky Tarfa & Co by the same goal margin, while SPA Ajibade & Co defeated Aluko and Oyebode by two goals

netted by Adebayo in the 14th and 19th minutes of the game. After Sunday’s games, SPA Ajibade sits atop the Group A table with 4 points and +2 goals difference, followed by Falana & Falana, which has the same number of points but with a goals difference of +1, the same tally with third placed Olisa Agbakoba & Associates. Aelex Partners is fourth on one point, while Aluko & Oyebode is at the rear end with no point. Group B is led by Probitas Partners/B. Ayorinde & Co with six points from three games, followed by Lagos Justice Ministry with the same number of points after two games. Ricky Tarfa & Co. has three points to occupy the third slot, while Banwo & Ighodalo and Babalakin & Co prop the table with no point to their names.

Head, Consumer Insight, Credit And Risk Management, First City Monument Bank (FCMB), Mrs. Ronke Atkinson (left); winner of the promo, Mrs. Olubunmi Adediran, Chief Executive Officer (CEO), Inteciti Media, Yinka Johnson and CEO, Sportsvision, Deji Omotoyinbo, during the presentation of prize to participants of FCMB-sponsored football promo tagged: AFCON Highlights, held in Lagos…. recently.

76 SPORTS

THE GUARDIAN, Tuesday, March 5, 2013

UEFA Champions League

Giggs expects Old Trafford classic against Real Madrid YAN Giggs says Manchester United's game against Real R Madrid today could be similar to the meeting in 2002-03 that ended 4-3 in favour of the Red Devils. Brazil striker, Ronaldo scored a hat-trick that night, while David Beckham came off the bench to score two goals, but United crashed out 6-5 on aggregate after losing 31 in the first leg at the Santiago Bernabeu. "Every time in Europe you learn different lessons, certainly that night Madrid scoring early made it an uphill task, hopefully that won't happen tomorrow night," Giggs told reporters. "You learn from every experience in Europe. You try to get ahead and score the first goal. We know the crowd will get behind us and the confidence that will give us, but saying that we know that if we go behind we have the confidence to come from behind like we have done all season. "When you get that much firepower on the pitch, undoubtedly there's going to be chances and goals." Giggs, who is due to make his 1000th career appearance today, admitted that he is proud to have played so many games. "I'm obviously proud of playing that many games. If you set out different goals at the beginning of your career, getting in the team, staying in the team, wanting to win things, you never think that you're going to get to 1000 games.

Ronaldo

"I've worked hard, I've had a lot of things helping me. The continuity of the manager, playing with good players. As you get older you take things in a lot more. For example the second Champions League that we won, I managed to take that in and enjoy it a lot more than 1999. As you get

older you enjoy things a little bit more and enjoy them a little bit more." Giggs was applauded at the Santiago Bernabeu when he came on as a substitute in the first leg, and he took the opportunity to thank the Madrid fans for that reception.

Rat believes Shakhtar Donetsk can reach Champions League final AZVAN Rat believes and he revealed his pride at Shakhtar Donetsk have a the club's progress in recent R real chance of reaching the years. Champions League final. The 2009 UEFA Cup winners face Borussia Dortmund in Germany tomorrow after drawing 2-2 in Donetsk, but the club's longest-serving player is undaunted by the task at hand. "Shakhtar have reached a certain level now, where we can play on an equal footing with the great European teams, and we have a real chance to progress towards the final," the 31-year old told Uefa.com. The left-back is in his 10th season at the Donbass Arena after moving to Ukraine from Rapid Bucuresti back in 2003

"We are a team who have brought a very positive image to Donetsk, and to Ukraine in general," he added. "We have also developed a positive image for ourselves. Certainly, it is very important that the name Shakhtar is in the foreground when people talk about football." And having made seven Champions League appearances this term, Rat believes he is still improving as a player in European competition. "Every game in the Champions League gives you experience and confidence in your own ability, particularly when you win," he stated.

Ronaldo can hurt us, but we can damage Real Madrid too, Ferguson insists IR Alex Ferguson has urged form. Real have had two fanSfocus Manchester United not to Confirms Jones will miss Real Madrid clash tastic performances against all their energy on Cristiano Ronaldo and instead, focus on posing Real Madrid problems in the Champions League last 16 clash. Ronaldo scored the equalising goal in the first leg at the Santiago Bernabeu and while much has been made of the Portuguese's return to Old Trafford, Ferguson has called on his current players to play their own games. "What do you expect when you play against a team with Ronaldo in it? You expect problems during the night, and we'll have to try to curtail that as best we can," he told reporters. "It's not going to be easy because he does it every week. The experience young Rafael had in the first half in Madrid will hopefully help him, because he will be given the same task again. I don't think

it's one we should fear. If we go and worry about the damage that Cristiano can do to us, then we forget some of the things we can do ourselves. "As we know, I believe they are one of the best counter attacking teams in Europe. That showed itself last Tuesday at Camp Nou (when Madrid beat Barcelona 3-1), they were absolutely stunning. We've got to find a way of coping with that but posing an attacking threat also. "If you're preparing for a game at any level, you have to pay respect to the strength of the other team, which we do. We look at their dangerous players and tactics. That applies itself tomorrow, we also know about the strength of our own team and where we are. We know our strengths and our pattern of play and hopefully it helps us

tomorrow." Ferguson also confirmed that Phil Jones will miss the game with an ankle injury. The 21-year-old, who played a key role in the first leg, limped out of the FA Cup game against Reading in February and has lost his race to be ready for the return. "He's not fit. He won't be fit for Tuesday (today)," the manager continued. "His performance over there was absolutely excellent. It's a miss but it's not something we can't manage, we've got options." Ferguson believes Madrid will score at least once and told fans to expect a great spectacle. "It's a massive build-up, you can see the amount of cameras at the training ground, that gives you some indication," he said. "I think that both teams are in

Barcelona, I saw the first one and they played very well. They've found form at the right time, whereas our form as been consistent for quite a while. As a European occasion I don't think you get bigger than this. It's set up to be a marvellous game and I don't think it will be a disappointment. "I think there'll be goals, I think both teams will score. We have to think that we can score more than one." When asked about the possibility of Jose Mourinho succeeding him at Old Trafford, Ferguson was in no mood to discuss his future. "It's impossible to discuss who is going to replace me because there is no timeframe on it."

Dortmund won’t play for draw against Shakhtar, says Lewandowski ORUSSIA Dortmund forB ward Robert Lewandowski believes attack is the best

Lewandowski

Rat

form of defence ahead of today's Champions League clash with Shakhtar Donetsk. The German giants find themselves in pole position to progress to the quarter-finals after earning two valuable away goals in their 2-2 draw in the first leg. However, having witnessed the threat posed by Shakhtar in Ukraine, the Poland international believes Dortmund can ill afford to rest on their laurels against a "dangerous" side.

"Donetsk scored twice against us in the first leg and they showed how dangerous they are. We can’t play for a draw, or aim to get a 0-0 or 1-1. That would be far too dangerous," he told Bundesliga.com "We desperately want to win it, even if it’s not going to be easy. We know that we can score against Donetsk because we showed that in the first leg, and we should also get at least one goal on Tuesday (today). "We’re at home after all, so we’ve got to be positive. We want to, and have to, get into the next round and that is the clear objective on Tuesday."

Meanwhile, the 24-year-old also played down the significance of Shakhtar's away form. "They are always good away from home. They’ve now played their first game after the long winter break in the Ukrainian league so they’ll be fit and certainly in more of a rhythm than they were in the first leg," he added. "But that’s not going to be decisive. We’ve got to ensure we focus on ourselves and play the best we can. That’s what matters the most, and that way we’ll be successful again."

THE GUARDIAN, Tuesday, March 5, 2013

TheGuardian

Tuesday, March 5, 2013

Conscience, Nurtured by Truth

By Francis O. Nmeribe HEN you observe and contemplate Nigeria today, what you see, what you W feel and what would touch your body and heart is a failed state. How on earth could a country like Nigeria fail when it has all it takes to surpass the American dream project success? How could Nigeria fail when it has more than potential to do for Africa what Japan, China and Singapore are doing for Asia and the rest of the world today? O! You that are blest with much, how could you have missed your pathway to triumph and now have to fight for survival, rather helplessly? Pure federalism is the key The unitary government structure of Nigeria is a major problem. A real fiscal, cultural, political and geographical federalism is what is required to move forward. The January 15, 1966 revolution was our chance to improve upon our federal system. General Johnson Thomas Aguyi Ironsi destroyed it and introduced unitary system, which was further worsened by Gowon and those who followed after them. Nigeria’s ethnic diversity is an obvious situation designed to stick out. There is nothing anybody could do about it. We are different in many ways. We are also complementary in many ways. All of us in a mutually acceptable functional structure could produce the best of the good life any people on earth could ever have. We have examples before us. The former Union of Soviet Socialist Republics (USSR or Soviet Union) and United States of America are good examples of what has marred us and could have made us great. For those who may not have a clear picture, please notice that the Soviet Union is a union of many republics ran as a unitary state. What happened to it? It crashed. The United States of America is a union of many independent states who chose to unite in a federal system of government. The mind of many Americans at first was a loose confederacy but after the civil war, a pure federal system of administration was adopted. They succeeded and have been a democratic federation for two hundred and thirty four years now. They are still going strong and have even been able to diversify its leadership with the election of Barack Hussein Obama as President. True fiscal, cultural, social, geographical, policing and developmental federalism is what would ensure that Nigeria survives. We can read the handwriting on the wall. Gideon Orkar’s military coup excised some portions of Nigeria when they announced their failed coup. Boko Haram Islamic terrorist group don’t want to be ruled by nonMuslims. Nigeria is at the brink of disintegration when it should be talking about triumph and being the key black democracy. Fuel subsidy is unsustainable Outside all of that old history, our chance for redress included the total removal of oil subsidy. Subsidy makes the rest of us Nigerians thieves just like our political leaders. We are enjoying money we have not earned and that means stealing. The removal fuel subsidy would have prepared us for the social, political, economic and fiscal revolution required to make Nigeria useful, viable and sustainable. Nigeria as it is presently constituted is not sustainable and all the U.S. or Chinese military cannot sustain it even if they are deployed today. Those who oppose fuel subsidy removal are doing so for their own selfish interest. They want an albatross to hang over the administration President Goodluck Jonathan so that they would use it as spring board to collect bribe if they are labour leaders and to ensure that the administration does not succeed if they are political opposition so that they have a good reason to ask to be elected in the pretence of being better. Do we even think? Since the oil boom days to date, every government in this country has

True fiscal, cultural, social, geographical, policing and developmental federalism is what would ensure that Nigeria survives. We can read the handwriting on the wall. Gideon Orkar’s military coup excised some portions of Nigeria when they announced their failed coup. Boko Haram Islamic terrorist group don’t want to be ruled by non-Muslims. Nigeria is at the brink of disintegration when it should be talking about triumph and being the key black democracy.

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Administrative structure, fuel subsidy, corruption and the rest of us

Larmode, EFCC chairman

been in battle to either increase the pump price of fuel or to remove subsidy. In more than thirty years, this issue has come up every year and yet we are not learning. Now, we have labour leaders being accused of subsidy bribery and corruption and this is at the lower end of the quagmire. At the upper end we have trillions of Naira paid out to thieves and scam artists and their government cohorts in the name of fuel subsidy. Many a business leader in Nigeria and politician is enmeshed in the murky waters of stealing trillions of Naira under the guise of fuel subsidy every year. Nigeria and Nigerians are not cursed. What is happening is that we have imbeciles and crass fools as leaders and citizenry who have chosen the profession of thieves and robbers as an estate. Previously I lost faith in President Goodluck Jonathan for his inability to use his first one year in office as acting president to complete the reconstruction of the East-West Road. Then, when I think about him in the light of lost opportunities, the only person I remember is Aguiyi Ironsi as the personification of a loser. However, the policy of total removal of subsidy on fuel and a total deregulation of the industry thereof, gave me hope that he might be up to something good at the end of the day. What do we have instead of supporting this laudable policy – opposition here and there? Hmmm! Whether we go with Jonathan to totally

deregulate the oil industry or not, in 10 to 20 years, we would hail Goodluck Jonathan as a man who saw tomorrow. From what I see, the continuing payment of subsidy on petroleum products is not sustainable and would be the destroyer of the Nigerian ‘nation’ or Nigerian mistake as the venerable Ahmadu Bello saw many years ago. Without full and total deregulation and immediate stoppage of subsidy payments, we would produce more thieves as politicians and businessmen and women. Without total deregulation, the Nigerian economy would continue to shrink until there would not be enough room for the thieving political leaders how much more the teeming unemployed youths. I expect that we know the result of a struggle between the political thieves and unemployed youths. General Olusegun Obasanjo lectured us about the implication in faraway Senegal some months ago – Revolution. The Asaba woman would say whatever a man desires that he would get. Without fear of possible attacks from unschooled minds, I would like to reiterate that controlling the price we sell products that are manufactured and distributed under the influence of uncontrollable market forces is the height of idiocy. I would like to restate that subsidy is not sustainable. It is corruption personified. Either its supporters are those who in one way or the other are benefiting from the corruption of the system

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Whether we go with Jonathan to totally deregulate the oil industry or not, in 10 to 20 years, we would hail Goodluck Jonathan as a man who saw tomorrow. From what I see, the continuing payment of subsidy on petroleum products is not sustainable and would be the destroyer of the Nigerian ‘nation’ or Nigerian mistake as the venerable Ahmadu Bello saw many years ago. or they are dangerously ignorant. Total removal of subsidy from the oil industry would enable the Nigerian public demand equity from those in government whether peacefully or violently if it gets to that as we must be afraid of today if we are wise. The problem of corruption What we need is efficiency and effectiveness in leadership. Corruption is against efficiency and effectiveness. Nigeria is tottering like a drunken man or an imbecilic woman today because of corruption induced inefficiency. I have always said that anywhere you go and see that there is inefficiency, bend down and look and you would see that someone has stolen the money meant for work. Each time we talk about subsidy, it is like boarding a ship that would berth at the harbour of corruption. Think about all the big Nigerian names and families of political leaders who are mired in subsidy stealing. Political interest - an element of corruption is what is making the opposition to mislead Nigerians. In my opinion, the only good policy I can credit to President Goodluck Jonathan to-date is the proposal to remove subsidy completely from the system. But it seems that Nigerians are bowing to the corrupt intention of the opposition to make sure that Jonathan fails which failure can only serve the opposition. Disclaimer - I am not a Jonathan supporter in any sense. I do not own a tank farm. My closest association to fuel is for my car and generator. How to deal with corruption in Nigeria Our mismanaged ethnic diversity is the nursing mother of corruption in Nigeria. If we keep Nigeria the way it is, then there would be no end to corruption. In fact, we would continue to grow in corruption. One fact that is emerging in Nigeria today is that if an Igbo man is accused of corruption, he would run home and accuse the Hausa or Yoruba men who are his deputies as those plotting his downfall. If you accuse a Hausa man, you get the same result to the point that Boko Haram would make a statement on his behalf threatening the rest of the country with bombs and gunfire. And they would go further to blow up one or two churches to make their point. If you accuse a Yoruba man of corruption, he would point accusing fingers at his Igbo or Hausa subordinates as detractors and would engage the OPC to burn down some people’s houses in Lagos or Ibadan to ensure that you dare not accuse him again. So, corruption in Nigeria is something that is exacerbated by the fact that we are not really Nigerians but members of our ethnic groups. There is a reason why Nigerians are not able to identify with Nigeria. It is because; the structure of the Nigerian state does not guarantee social, physical, survival and development security for any citizen. If it does, it is on paper. It is not in the hearts of the people. It is not a sign that the Nigerians do not know what is good. It is in fact, because they know what is good for them. It would take a federal structure of reasonable independence in fiscal, social, cultural, educational, developmental and even sporting spheres to produce that guarantee. To this end, I hereby advocate for pure federalism urgently. What would save the job of our current crop of politicians is that they come together – executive and legislature - and design through consultation and referendum an appropriate federal structure that is well canvassed to the point of having even small federating city states. There should be no hindrance to small ethnic groups who wish to stand on their own. If the present politicians are not capable of delivering this project, they should resign or wait to be blown away by the coming revolution. The convocation of sovereign national conference (SNC) would be a sweet repose for these politicians if they fail to restructure the country into a well-canvassed federal system. • Nmeribe is an industrial security practitioner, author and personal transformation coach in Lagos.