Tue 26 Mar 2013 The Guardian Nigeria by The Guardian Newspaper

TheGuardian Conscience, Nurtured by Truth

Tuesday, March 26, 2013

Vol. 29, No. 12,507

N150

www.ngrguardiannews.com

INEC refuses to register rival APC From Azimazi Momoh Jimoh and Adamu Abuh, Abuja

• Association threatens legal action against commission

ONTROVERSY over the useC of the acronym, ‘APC’, by rival political organisations

ny it registration as a political party. For weeks now, controversy has raged over which association, the merging All Progressives Congress (APC) or the African Peoples Congress “owns the ellipsis, ‘APC’. While opposition parties claimed proprietary right of the acronym, having popularised it; the rival organisation said it had written to the INEC, using the abbreviation for its proposed party. Although INEC admitted receiving such letter of intent from the African Peoples Congress, it denied registering any new political party as being bandied about. However, Chief Ikeagwuonu seemed to puncture the INEC

took a new dimension yesterday. In a dramatic turn of events, the Independent National Electoral Commission (INEC) refused the African Peoples Congress registration as a political party. The notice of refusal was contained in a letter dated March 21, 2013 and addressed to the Acting National Chairman of the association, Chief Onyinye Ikeagwuonu. It was upon this disclosure that for the second time in five days, the African Peoples Congress addressed a press conference to alert the public to INEC’s alleged plans to de-

position yesterday, when he displayed a copy of the letter allegedly prepared for the endorsement of INEC’s chairman, Prof. Attahiru Jega, to halt his association’s registration. Indeed, the said four-paragraph letter, signed by INEC’s secretary, Abdullahi Kaugama, stated unequivocally that it would not “register the proposed African People’s Congress as a political party.” Headlined as: Re-Application For Registration As A Political Party, the letter reads: “Your application for registration as a political party dated 28th February, 2013 refers. “The Commission has observed that your Association is in breach of Section 222(a) of

the Constitution of the Federal Republic of Nigeria, 1999 (as amended), which stipulates as follows: ‘No Association by whatever name called shall function as a Political Party unless: (a) The names and addresses of its national officers are registered with the Independent National Electoral Commission.’ “A close observation of your submitted Form PA1 established that it does not contain the addresses of your national officers as stipulated in the above provision. “Consequently, the Commission shall not register the proposed African People’s Congress as a political party.” Spokesperson for the INEC

chairman, Mr. Robert Kayode Idowu, confirmed the development last night, saying, “it is true that the African Peoples Congress cannot be registered because they did not meet the requirement of the Constitution.” However, at the press conference at its national headquarters in Abuja, the association threatened to sue INEC should it carry out the alleged move. Ikeagwuonu said: “Our attention has been drawn to a desperate effort by some paid INEC officials to conclusively consummate the black market transaction we warned about last Thursday, to deny the African Peoples Congress registration, citing purport-

ed irregularities in the addresses of our national officers. “We had earlier alerted Nigerians about this high level conspiracy and have thus been reliably informed today, by an impeccable source, that a draft letter denying APC registration is right now on the table of the INEC chairman, waiting for his endorsement.” The association, however, announced that it would go ahead with arrangements to field a candidate for the forthcoming gubernatorial election in Anambra State. “We wish to also inform Nigerians that our party primaries, prelude to fielding a candidate in the Anambra state governorship election, commences as planned,” Ikeagwuonu said.

Zambia ex-president, Banda, to appear in court today over Nigeria’s oil deal, others By Eno-Abasi Sunday (with agency report) AMBIA yesterday officially Z charged former President Rupiah Banda for abuse of authority over a deal, believed to have been entered into with the Nigerian National Petroleum Corporation (NNPC) when he was in power. The former president, who was arrested in Lusaka, was yesterday questioned for close to three hours before he was released on bail. He is due to appear in court today. One of the first signs that Zambia was getting closer to bringing formal charges against him appeared last week, when he was stripped of his presidential immunity, after being accused of stealing more than $11 million during his three years in office, a separate incident to what happened yesterday. “President Rupiah Banda has been formally charged and arrested in connection with the procurement of oil, which did not benefit the country,” Na-

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Governor Chibuike Amaechi of Rivers State (left) and Chairman of the occasion, Nobel Laureate, Prof. Wole Soyinka, during Rivers State Education Summit in Port Harcourt… yesterday.

Presidency cautions proponents of amnesty for Boko Haram By Abiodun Fanoro (Lagos), Inemesit Akpan-Nsoh (Uyo), Kelvin Ebiri and Ann Godwin (Port Harcourt) HE Presidency yesterday T cautioned proponents of amnesty for members of Boko Haram against politicising the issue. It said they should instead take a cue from how the amnesty programme in the Niger Delta was brokered by initiating contacts with the Boko Haram leadership and convince them to come out in the open and dialogue with government. The Senior Special Assistant to

• Afenifere, others oppose reprieve for group • Soyinka canvasses security for schools the President on Public Affairs, Dr. Doyin Okupe, gave the admonition in a statement issued in Abuja yesterday. According to him, President Goodluck Jonathan has nothing to gain from the prolongation of the wanton destruction of life and proper-

ty by Boko Haram and expects leaders of thought in the affected states to prevail on the group to abandon its destructive pursuit and embrace dialogue like the militants in the Niger Delta did before amnesty was granted. And warning against the danger of promoting impunity

among ethnic groups, the pan-Yoruba socio-political group Afenifere Renewal Group (ARG), yesterday opposed any move to grant amnesty to members of Boko Haram. The group specifically urged Jonathan not to succumb to the increasing pressure of

granting amnesty to the members of Boko Haramas this move would encourage other ethnic groups to hold the view that violence pays and therefore resort to this as a means of seeking government’s attention rather than using legitimate means. Also, the Chairman, Senate Committee on Rules and Business, Ita Enang, has said that for amnesty for Boko Haram to be meaningful, leaders from the North should volun-

Police, Lagos hand over 93 suspected terrorists to Immigration - Page 5

teer to coordinate the process. But a Niger Delta group, the Joint Revolutionary Council (JRC), has opposed amnesty for Boko Haram members. Meanwhile, in the wake of attacks on schools in the northern part of the country by the Boko Haram sect members, Nobel Laureate, Prof. Wole Soyinka, has urged the Federal Government to adequately protect them and apprehend those who want to cripple education in the country. Soyinka spoke yesterday at

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THE GUARDIAN, Tuesday, March 26, 2013

News $4.4b agric fund shortfall threatens food security in Africa

Jonathan swears in new Head of Service By Abubakar Mohammed, Abuja RESIDENT Goodluck Jonathan has directed the new Head of Civil Service of the Federation (HoSF), Alhaji Bukar Goni Aji, to ensure corruption in the civil service is curbed and discipline restored. At the swearing-in of Aji yesterday, the President said the expectation of government and the people of Nigeria was for the new Head of Service to focus on those areas that are most important to the lives of the people. He paid tributes to the immediate past head of civil service, Isa Bello Sali, for his service to the nation and charged him and other retired heads of service, most of whom attended the swearing in, to extend their support to the new head of civil service.

By Fabian Odum EN years after leaders of governments in Africa agreed in Maputo (2003) to commit 10 per cent of their budget in the agricultural sector, there has not been much to show as progress in this direction, a situation that has threatened food security in sub-Saharan Africa following failure to rev up agriculture. Consequently, lack of funding for strategic investment could jeopardise growth and keep the continent deep in poverty, in spite of its potential to catalyse economic growth, according a report released yesterday by ONE Campaign. In the document made available to The Guardian, ONE Campaign’s report titled “A Growing Opportunity: Measuring Investments In African Agriculture,” said “Despite agriculture’s significant contribution to most African countries, investment in

Lagos State Head of Service, Prince Adesegun Ogunlewe (left); newly sworn in Auditor-general, Helen Deile; Governor Babatunde Fashola; newly sworn in Permanent Secretary, Ministry of Environment, Akeem Ogunbambi and Deputy Governor Adejoke Orelope- Adefulire at the swearing in of Deile and Ogunbambi by the governor in Lagos…yesterday

infrastructure, technology, and market development for the sector remain very low.” The report, which tracks commitment made by 19 African countries and eight donor countries to support growth in agriculture, shows these pledges are off track. For instance, Nigeria has never met up to 10 per cent of its budget for the sector even in 2012, where it was below five per cent In its report, ONE Campaign revealed only four countries, Ethiopia, Niger, Malawi and Cape Verde have met the 10 per cent budgetary allocation; Sierra Leone and Senegal come a close second while eight countries have further lowered financial commitment to agriculture. Painfully, as a result of these lapses, the need has arisen to bring the leadership capabilities of African heads of government to source a whopping shortfall of $4.4 billion across 19 countries.

Gunmen kill one, attack police station, telecoms masts in Yobe By Madu Onuorah (Abuja), Odita Sunday (Lagos), Njadvara Musa (Damaturu), Joseph Wantu (Makurdi) and Uzoma Nzeagwu (Awka)

• Police hunt for abductors of Briton in Lagos • Nigeria, U.S. meet over insecurity, others • MASSOB warns Boko Haram against killing of Igbo

POLICEMAN was killed yesA terday in Yobe State as gunmen torched the Bara

and other top military and civilian officials in the meeting with the U.S. Ambassador to Nigeria, Mr. Terence McCulley at the Ministry of Defence Headquarters, Abuja. The meeting, which was initially billed to be covered by journalists at the Minister of State for Defence conference room was later moved to the minister’s inner office at the request of the U.S. Ambassador. After the closeddoor meeting, Obada described it as a routine U.S.Nigeria bilateral relations discussion on areas of U.S. military support, cooperation and areas of mutual benefits. According to her, “we have a beautiful meeting with the Ambassador to further deepen the cooperation between Nigeria and the U.S. And we discussed a lot of issues that are beneficial to both countries. USA and Nigeria have come a very long way together in terms of military cooperation, in terms of training and so many other things. We

Divisional Police Station, council secretariat complex and the telecoms masts of MTN and Globacom. Bara is the council headquarters of Gulani, and 160 kilometres south of Damaturu, the Yobe State capital. And in Lagos, the police are hunting for gunmen who kidnapped a Briton on his way home at night last weekend. The Lagos State Commissioner of Police, Mr. Umar Manko Manko, noted that unknown gunmen kidnapped the Briton just outside his home. Meanwhile, Nigeria and the United States met in Abuja yesterday on ways of strengthening their cooperation in the defence and security sector. Minister of State for Defence, Dr Olusola Obada led the Nigerian delegation comprising Chief of Army Staff, Lt Gen Onyeabo Azubuike Ihejirika, Chief of the Air Staff, Air Marshal Alex Sabundu Badeh

intend to keep our relationship with them to ensure that the two enjoy each other’s confidence. There are other issues that we discussed towards on-going happenings.” Obada stated that “the meeting has nothing to do with state pardon recently granted former Bayelsa State governor, DSP Alamiesiegha. We did not discuss that. This is the Ministry of Defence and we only discussed issue affecting the ministry.” Sources at the meeting told The Guardian that McCulley expressed the concern of his government over the continuing terror attacks in parts of the North and general state of insecurity in other parts of the country. He cited the recent terror attack on Lagos-bound motor park in Kano, the re-emergence of ethnic killings in Plateau State and growing case of prison attacks and jail breaks in Warri, Delta State, Borno and Ganye town in

Adamawa State. McCulley was said to have, however, expressed America’s willingness to support the Nigerian government in its war against terror. He urged the service chiefs to work more in stemming the terror attacks. But the source added: “The minister was able to convince the ambassador on the success recorded by the military to contain the Boko Haram like the arraignment of a kingpin, Kabiru Sokoto last week and how the military has been consistently arresting some members of the sect and exposing their hideouts in the country.” In addition, the Service Chiefs cited the military assaults on the Islamic extremists in Mali by the African-led International Support Mission to Mali (AFISMA) as the factor responsible for the upsurge in terror attacks, vowing to contain them. During the attack in Yobe State, the gunmen, according to an eyewitness, also snatched three vehicles of the council, including a Toyota Hilux van, and fled towards Buni/Yadi at about 6.30 a.m.

yesterday. He said the gunmen that overpowered the policemen at the council headquarters operated for over three hours before they succeeded in torching the station and telecoms masts of MTN and Globacom in the council area. Besides, the Chairman of Benue’s Gwer-West Local Council, Mrs. Eunice Bajwa, has urged the Federal Government to quickly intervene in the crisis between the Fulani herdsmen and the Tiv farmers in her council to give peace a chance in the area. Speaking with The Guardian yesterday on the crisis that engulfed Anguhar village last weekend, Bajwa said in addition to the death of three policemen and one indigene at the initial stage, two more bodies had been recovered from the affected village, bringing the total number of deaths to six. “I have just been informed of the recovery of two more bodies of villagers who were killed in the mayhem by the Fulani herdsmen and I am just about to go to the village to see things for myself,” she said. The State Police Commissioner, Sanusi Rufai,

said the gunmen employed rocket-propelled launchers and petrol-bombs in torching the police station and telecoms masts of the two telecoms firms at Gulani. The attackers, according to the police boss, succeeded in burning down the station in the area and went away with three council cars. He further disclosed that the suspects also killed a police corporal by slitting his throat at his Bara residence by 5.00 a.m. yesterday. The commissioner said that no arrest had been made in the multiple attacks and killing at Bara yesterday. Bajwa further said that the Fulani herdsmen, apart from the killing, burnt down many houses in the area, adding that the villagers were now taking refuge in Naka town, the headquarters of the council with some of their neighbours. Bajwa said she had reported the matter to Governor Gabriel Suswam and expressed happiness that the state government had responded swiftly by deploying over 100 policemen in the troubled area.

Elechi, NLNG, African women group mourn, urge immortalisation of Achebe By Andrew Iro Okungbowa (Lagos) and Leo Sobechi (Abakaliki) OVERNOR Martin Elechi G has said that “the world has become poorer with the death of Prof. Chinua Achebe as unspeakable famine has descended on the clan of the literati.” He noted that “through his numerous works, Igbo culture was taken to the global stage and Nigeria’s voice resonated among the comity of nations”. In a statement personally signed by him, Elechi said: “An Igbo Icon of immense stature, Prof. Achebe was indeed a world citizen. He was a literary legend, a purveyor of truth and an inimitable wordsmith. “Though Prof. Achebe has exit-

ed from the theatre of life, his voice of reason, morality and justice will echo interminably. We in Ebonyi State join other Igbos and Nigerians and indeed the human community all over the world to mourn Prof. Chinua Achebe – the Eagle on the Iroko.” Also, the management and staff of Nigeria Liquefied Natural Gas (NLNG) Limited have in a private letter extended to Achebe’s family their “most sincere sympathies and condolence on the bereavement.” The company, in a statement by Kudo Eresia-Eke, acting general manager, External Relations, said: “Achebe was a splendid man who was generous with advice when we did the spade work for

the take off our prizes – The Nigeria Prize for Literature and The Nigeria Prize for Science. He was delighted to have been called to the Nigerian Hall of Fame by The Nigerian Academy of Science, The Nigerian Academy of Letters and Nigeria LNG Limited in a ceremony in October 2010 to mark Nigeria’s 50th anniversary. “But for his illness, Prof. Achebe would have honoured Nigeria LNG Limited’s invitation to chair the public presentation ceremony of the 2012 winner of the Nigeria Prize for Literature, Mrs. Chika Unigwe in January this year at University of Nigeria Nsukka (UNN). “In the words of the Managing Director of Nigeria LNG, Babs Omotowa, ‘the demise of the lit-

erary giant is a loss not only to Africa, but indeed to the entire literary and academic world. It is almost a personal loss to every writer and patron of writers. It is truly the felling of an iroko.’ “We shall sourly miss his wisdom, his critical intelligence and his love for country and continent. We shall miss his literary charisma that imbued African literature which charm and disarming simplicity that even literary neophytes relish and cherish. We realise that we have lost a friend and mentor who professed not just by words but by deeds- a crusader for selfless leadership, and essayist for the good of the people.” It added: “We are, however,

comforted that his place and his legacy are safely secured in the annals of amongst the world’s greats. Meanwhile, a group, the African Women Acting (AWA), has urged the Federal Government to immortalise Achebe for his contribution to the continent. AWA is a professional and nongovernmental organisation devoted to promotion of African literary works and a support base for women. In a statement by the Canadabased group signed by its Project Manager and Artistic Director, Sonia Oduwa Aimiuwu (a Nigerian), and General Manager, Muoi Nene (a Kenyan), the two artistes who are based in Europe, the

group described Acbebe as the best example of what it means to be an effectively expressive human being. ‘‘The fact that he was Nigerian should bring all Nigerians great pride. His Igbo roots are invaluable as Igbo culture shall always feature in the collective psyche of humanity as they study his epic works of art,’’ said the group. The group noted that Achebe brought great pride to Africans, adding: ‘‘Africans and other indigenous peoples shall forever take pride in their ancient ways and have a basis for overcoming a colonising force thanks to the creativity and application of talent that Prof. Chinua Achebe chose to make available to us all.’’

THE GUARDIAN, Tuesday, March 26, 2013

4 NEWS

Afenifere, others oppose reprieve for Boko Haram CONTINUED FROM PAGE 1 the 2013 Rivers State Education Summit with the theme “Enhancing Sustainable Development in Education”. He described the Boko Haram sect as an uneducated group saying, it was wrong for them to claim to be educated. Okupe warned against politicising the issue of amnesty and using it to blackmail the President “whose overriding desire is the peaceful and harmonious coexistence of all Nigerians irrespective of their social, religious and political leanings.” He went o on: “There is therefore no need for the overpoliticization of the demand for Amnesty, nor to blackmail the President for taking strong, patriotic but contrary views to those of some of our respected elders. Such, sometimes is the nature of statecraft and in many parts of the civilized world, situation like this are handled with equanimity and further deepening of consultation, certainly not acrimonious misunderstanding or open hatred. “The true expectation is that our respected leaders will go back to the drawing board and increase internal consultation and networking with the aim of reaching out to the leadership of the insurgents and convincing them to do the needful and step out to be counted.” Okupe recalled that prominent leaders of the Niger Delta such as former Information Minister, Chief Edwin Clark, former Governor Diepreye Alamieyeseigha, former Minister for Culture Alabo Graham Douglas and a few others cooperated fully with the late President Musa Yar’Adua by visiting militants’ camps and persuading them to lay down their arms and allow government address their grievances in a civilised manner. He added: “This was the way and manner a successful amnesty programme was

hatched and effected. Many local leaders and stakeholders bought into the government’s amnesty programme. It was carefully planned, properly structured and effectively implemented with co-operation and willing support of elders, stakeholders and well known and nationally acknowledged open leadership of the militants. These include Asari Dokubo, Boyloaf, Tompolo, Atake Tom, Tamuno George, Soboma George to mention a few. They were clearly identified and they negotiated openly and transparently with the government. “It is for these reasons that there is need for a great restraint when we advocate for Amnesty for those amongst us, who have actually, through criminality engaged in wanton destruction of innocent lives, public and private properties; especially when their activities are based on ethnic and religious ideologies that actually strike at the foundation of our mutual co-existence. We also need to be mindful that we have other ethnic militias in the country who have remained essentially peaceful, and who may by these calls for amnesty be encouraged to now pursue violence. “Grandstanding, undue politicization, blackmail and insincerity will not help us as a Nation. We are a Nation of strong-willed, socio culturally well differentiated society, with long standing historical ties, and we are one people with a clear destiny to lead Africa and the World. We must at times like this show exemplary mutual respect, affinity and cohesion strong enough to lift us together as one strong and united people, out of this quagmire and National misadventure.” Afenfere’s National Chairman, Mr. Wale Oshun, said yesterday at a press conference in Lagos that further granting amnesty may make

the exercise an endless one as other miltant groups that may emerge from other regions in the future would seek to be treated the way previous violent groups were treated in the past. Rather than granting amnesty, the ARG said the legal and most logical option availabe to President Goodluck Jonathan was the convocation of a national conference which many Nigerians have been advocating. The ARG which totally condemned the killings attributed to Boko Haram, however, said that the agitation by the group which was for their area to be administered in accordance with Islamic laws made it imperative for a national conference where those allegedly sponsoring the insurgency could sit down with other ethnic nationalities, to table their grieviances and arrive at a common solution. Some members of the group include Mrs Jumoke Anifowose, Tokunbo Ajasin, Mr Ayo Afolabi, Kunle Famoriyo, Dr Ade Adeagbo, Prince Oyewole Oyewunmi. According to Afenifere, Boko Haram may have genuine grievances but the means by which they express them is wrong. They therefore urged that such grievances should be ventilated through a legitimate means. “However, while we appreciate the concerns of those who have canvassed amnesty as a response strategy to this menace, we would, however, like to say that the Boko Haram menace is a persistent indication and manifestation of a deeper malaise beleaguering the country. Amnesty will therefore be another attempt not

only to create an opportunity for anarchists, but to further postpone the evil days. Considering the structural deficiency of the country, it is not likely that we would see an end to the use of amnesty. Therefore, in line with our constant agitation for the imperative of restructuring this multi-ethnic, multi-religion and multifaceted country, it is our view that there is no better time than now to convene a national conference that would finally resolve the nationality question that constantly and continuously pushes this country to the precipice. We demand a convocation of this conference without any further delay,” the group said. The group which condemned the recent Kano bombing in which over 20 people were killed, and other bombings across the northern parts of the country, said responsibilty for these killings rested squarely on President Jonathan and therefore urged him to immediately end these killings by convoking a national conference without any further delay. The group said: “... we would like to express our group’s serious concern regarding the current bloodshed in the country, mainly as a result of the activities of the so-called Boko Haram and another group that calls itself Ansaru. We are deeply touched and we sympathise with the victims of these unfortunate occurences, and like most Nigerians, we call on the Federal Government to rise up to its responsibilities and put a final stop to this frequent bloodshed.” Enang spoke in his country home at Ididep in Ibiono Ibom Council Area of Akwa Ibom

State at the weekend during the handover by the Niger Delta Development Commission (NDDC) of a 15-kilometre road project to the contractor in charge of the job. Enang, who represents Akwa Ibom North-East (Uyo) Senatorial District, said there was nothing wrong in the President granting the group amnesty, noting however, that leaders of the North should think of a better approach to engender peace for the nation. “I would pray that the leaders of this part of the country that are involved should be more concerned because it appears that most of them are scared and are not prepared to come out. The only thing they are able to say is grant amnesty, but they are not able to bring out the people or say look, am going to coordinate them. “Let them volunteer to lead the peace talk and bring these people to the security and government agents so that they will be granted amnesty”, he said. He described Jonathan as a man of peace, noting that once the right steps were taken and the incessant bombings ceased, the coast would be clear for amnesty to take place. “I would pray, let the spate of bombings stop so that it can be reasonable to talk, because when people are prepared to talk peace and the next moment you hear a bus exploding, people’s fathers, mothers, brothers and sisters killed, it would be difficult to talk about amnesty”, he observed. JRC Spokesperson, Cynthia Whyte, said it was morally wrong to grant amnesty to a group that had killed more than 400 Christians through bombings of churches,

straight-faced slitting of the throats of Christian faithful while they attended church programmes. “Boko Haram sect or whatever name it appends to itself, has killed enough men, women and children. The members have murdered in cold and hot blood far more soldiers and officers of the Nigeria Police than any other insurgent groups in Nigeria’s history. There are families who will never recover from the wickedness and murderous treachery that the sect has visited on them”, Whyte added. According to Soyinka, “all hope is not lost, but the situation is desperate, very desperate. Those who call themselves Boko Haram, for instance, claim to be educated; educated to mean books, and they are not sufficiently educated even about their religion to know that some of the greatest philosophers came from that religion. Some of the greatest mathematicians were the pioneers of Moslems, Islamic scholars. So, these killers roaming around saying that they hate western education, are uneducated; but they think they are educated.” He described the thought of the terrorist group as a onetrack lane thought, stressing the need to re-educate them about their own history and culture. Soyinka said the multipronged approach adopted by the government in fighting the Boko Haram menace through setting up of Almajiri schools was a welcome development but insisted that those who trying to cripple education should be arrested and reeducated or be punished in order to move ahead.

Zambia ex-president, Banda, to appear in court today CONTINUED FROM PAGE 1 mukolo Kasumpa, a spokeswoman for government investigators, told reporters. Banda, who led Africa’s top copper producer from 2008 to 2011, has maintained his innocence. He denied the charges, and his lawyers claim yesterday’s arrest and interrogation were an attempt by current President Michael Sata to silence him. After his release, Banda appeared before his supporters and told them to remain calm, reassuring them that he would win his case in court. Banda was defeated in 2011 by

Sata, whose government has launched several high-profile corruption probes into deals struck by the former administration. “The charge is extremely vague and our only defence is the truth, he is innocent and the truth will be known,” said one of Banda’s lawyers, Sakwiba Sikota. “We will see the kind of witnesses that they are going to bring but we know he is innocent,” he added. Appearing exhausted after the lengthy questioning by a special government probe unit, 76-year-old Banda told re-

porters: “Naturally, I would have been happy to be sitting at home but I have to go through this.” Sata’s government insists Banda engaged in corrupt activities in the procurement of crude oil from a Nigerian firm, listed as the Nigerian National Oil Company in official documents. He is also accused of directing tax-payers’ money into his election campaigns. Since Sata came to power, he has rolled out an anti-corruption campaign that opposition sees as a move to silence dissenting views. Before this round of troubles

for Banda, his lawyers last week petitioned the regional South African Development Community (SADC) over the “unlawful and inhumane events” taking Zambia. in place “After being honoured as an esteemed statesman… Banda has been made the target of a vicious, cruel and unrelenting campaign of defamation,” the lawyers wrote in an open letter week. last They asked the regional body to “observe very closely the behaviour of the (ruling) PF government in the coming days and weeks to see evidence of their malicious intentions.”

THE GUARDIAN, Tuesday, March 26, 2013

Osun revamps Ede water works

Lagos Speaker asks court to strike out criminal charge against him

OWARDS making portable T water more available in Osun State, Governor Rauf Aregbesola is revamping the Ede Water Works, and the N2 billion rehabilitation and modernisation project is set to be delivered in 12 months. Special Adviser to the Governor on Water Resources, Mrs. Tawa Williams, broke the news at the weekend during a ceremony in Osogbo to commemorate the World Water Day. The water works, which was constructed about 60 years ago, served 12 councils, 160 towns and villages in the state. When it was working efficiently, it serves 70 per cent of the state’s water supply. According to Williams, at the inception of Aregbesola’s administration, the capacity of the project was a mere 15 per cent, with major equipment completely broken down. However, Aregbesola’s intervention stabilised the water supply in the state even as the facility was still working far below its capacity.

Media group to rate African countries on free speech By Gbenga Salau

Chairman, Board of Trustees (BoT), Society for Peace Studies and Practice (SPSP), Prof. Olawale Albert (left); Ekiti State Governor Kayode Fayemi and Chairman of the occasion, Yusuf Ali (SAN), during the 7th International Conference and General Assembly of the SPSP in Ado-Ekiti… yesterday.

Police, Lagos hand over 93 suspected terrorists to Immigration

S part of efforts at promotA ing freedom of speech in West Africa, the Media Founda-

By Odita Sunday

tion for West Africa (MFWA), in partnership with the United States-based Freedom of Expression (FoE) advocacy, has concluded plans, starting from next year, to analyse and rate the performance index of all the 16 West African countries on freedom of expression. According to a release by MFWA Executive Director, Prof. Kwame Karikari, the yearly ratings, which will be called West Africa Freedom of Expression Index, will rank all 16 West African countries based on an indepth assessment of each country’s performance in press freedom, Internet freedom, freedom of association and assembly, religious freedom and artistic freedom, among others. Preparatory stages for the development of the index will see the hosting of a two-day experts’ meeting today and tomorrow in Accra, Ghana, to discuss, develop and adopt a suitable methodology.

ECURITY operatives and the Lagos State government have handed over no fewer than 93 suspected terrorists to the Nigeria Immigration Service (NIS), Lagos State Command, for prosecution. The suspects were said to have been taken to the Immigration headquarters on Alagbon, Close, Ikoyi yesterday afternoon. The Guardian reliably gathered that the suspects comprised Chadians, Malians and Nigeriens. NIS Spokesman, Lagos State Command, Mr. Muyiwa Odunubi, who confirmed receiving the suspects from security agents, said they would be paraded tomorrow by the Command. He said: “I can confirm to you that we received 93 suspected Boko Haram members who were handed over to us by the Police and other security agencies.”

There were indications last week that the Boko Haram sect might have infiltrated Lagos State following the raid of a building in Ijora Badia area of Lagos, suspected to have haboured the suspected terrorists. Arrested in the Lagos building were two persons - a Cha-

dian simply identified as Aminu and another man from the northern part of Nigeria, whose identity could not be ascertained. At the raid carried out by a combined team of OP MESSA, an enhanced military patrol in Lagos, and personnel of the Department of State Security,

EARING in the suit involvH ing the Anosike brothers, Fidelis and Noel, at a Federal High Court, Lagos, suffered a hitch yesterday with the absence of the prosecution, thereby forcing an adjournment till May 7. The trial judge, Justice Chukwujekwu Aneke, adjourned the matter after their lead counsel, Babajide Koku (SAN), had announced appearance and the prosecution was absent. Koku said he was informed that the prosecution had flight difficulties from Abuja and so could not make it. The two brothers were present in court as promised at the last sitting by their defence counsel, Norrison Quakers (SAN). Quakers had told the court that their absence was due to a business trip they travelled to attend, but assured the court that they would be present on the next adjourned date. However, the prosecutor, Mr. Ernest Ezebuilo, retorted that the excuse of “business trip” was flimsy and not sufficient to prevent court proceedings. He told the court that the accused had been repeatedly absent and so, the court should exercise its discretion in com-

pelling their attendance. In response, Quakers told the court that the accused were men of integrity and honour, and would never run away from prosecution. According to him, they had appeared in several courts for both civil and criminal matters and had no reason to refuse attending court. “My clients are noble men who will always attend to stand trial before the court. They have no reason to deliberately avoid attending court, and I crave your lordship’s indulgence to grant us another grace,” he said. Quakers then informed the court of a pending application before the court, contesting the service of the charge on the accused. He said that at no time was the amended charge served on the accused, and this lack of service ousted the jurisdiction of the court to hear the case. According to him, where the issue of jurisdiction of court is in question, it must be first dealt with, and in this case, there was an issue of service of the charge on the accused, to which they had filed an objection. He, therefore, added that it was only trite the application before the court be considered before further steps in the case. The accused, according to the charge, were alleged to have

AK 47 rifles and some explosives said to have been hidden inside the ceiling were retrieved. The arrest of the two suspects perhaps triggered more raids by security operatives, which brought the number of arrested suspects to the 93 now in Immigration custody.

at the instance of the prosecution who has exhibited visible reluctance in the trial. He, therefore, urged the court to dismiss the suit for lack of diligent prosecution. After listening to his submissions, Justice Okeke said he would adjourn the matter for overriding public interest, but would, however, order accelerated hearing of the case. He, therefore, adjourned the case to April 8, 9, 10, 11, 12, 15, 16, 17, 18 and 19 for continuation of trial. The accused persons were arraigned by the EFCC on March 1, 2012 on a 20count charge of money laundering. The prosecutor had told the court that the accused conspired between April 2010 and July 2011 to commit the alleged offences. Obla had alleged that the two accused conspired to commit an illegal act of accepting cash payments amounting to N273,303,780 million from the Lagos House of Assembly without going through a financial institution. He also alleged that Ikuforiji used his position to misappropriate about N500 million of the House’s funds, stating that the offences contravened Section 18 (a) of the Money Laundering (Prohibition) Act 2011. The accused persons pleaded not guilty to the charges. Justice Okeke had granted Ikuforiji bail on self-recognition, while his personal assistant was admitted to bail with the Clerk of the House as surety.

Oyo ACN politicising teachers’ employment, says AP From Iyabo Lawal, Ibadan F claims by the Accord Party Ithing (AP) in Oyo State are anyto go by, the beleaguered unemployed in Nigeria are up for further trauma, as the party yesterday accused the ruling Action Congress of Nigeria (ACN) of directing applicants to show ACN membership cards before employment. In a statement by AP Director of Publicity, Alhaji Lanre Lat-

inwo, which was made available to newsmen in Ibadan, the AP further alleged that the state government has issued a directive compelling a section of the workforce to register as ACN card-carrying members. “The Oyo State government has directed the caretaker committee chairmen in all the 33 councils to compel members of the O’YES to register and obtain ACN membership cards to demonstrate their loyalty

Court adjourns hearing on Anosike brothers’ suit By Joseph Onyekwere

By Joseph Onyekwere HE Speaker of Lagos State House of Assembly, Adeyemi Ikuforiji, yesterday urged a Federal High Court, Lagos, to strike out a suit against him and his personal assistant, Oyebode Atoyebi, in a case of money laundering brought against them by the Economic and Financial Crimes Commission (EFCC). Counsel to Ikuforiji, Tayo Oyetibo (SAN), who made the submissions before Justice Okechukwu Okeke at the resumed hearing of the case following a letter by the prosecutor, Mr. Godwin Obla, also informed the court of Ikuforiji’s absence. Oyetibo told the court that the prosecution had treated the case with much levity since its commencement in 2012. According to him, several adjournments granted by the court in the case had been

conspired to commit felony by obtaining the sum of N25 million from the Education Trust Fund under the pretence of utilising it to set up Electronic Library for Daily Times. The representation was said to be false while the alleged offence contravened Sections 1 (3) and 8 of the Advance Fee Fraud and other Related Offences Act, 2005. The accused were also alleged

to have conspired to obtain the sum of N100 million from Corporate Ideals Properties Limited and Senator Ikechukwu Obiorah with a false claim of having a printing factory at Lugbe, Abuja. They were further alleged to have laundered about N75 million realised from the sale of Daily Times property at Cold Harbour Lane, London, United Kingdom (UK).

and for government to further guarantee their retainership in the scheme,” the statement read. Latinwo wondered why the state government would choose to flagrantly disrespect the rule of law by em-

barking on forceful membership drive before offering indigenes gainful employed. However, the ACN swiftly debunked the allegation by describing it as “one of the tissues of lies” the Ladoja political group is known for.

THE GUARDIAN, Tuesday, March 26, 2013

6 News

Agip suspends operations in Bayelsa By Sulaimon Salau HE Nigerian Agip Oil T Company (NAOC), a subsidiary of the Italian energy major, ENI has suspended its activities in Bayelsa State, citing frequent attacks on its crude pipelines. The International oil firm, in statement obtained by The Guardian, yesterday said: “The decision was taken due to an intensification of bunkering activities, or sabotage of the pipelines.” According to the statement, ENI had completely suspended all onshore activity at the Swamp Area site in Bayelsa in the night between March 21 and 22. The company said, “the theft of oil from the pipelines had reached levels that were no longer sustainable recently both from the point of view of safety for people and for the damage caused to the environment by these activities.” The Italian oil major was producing between 35,000 and 40,000 barrels of oil equivalent per day at the site and the theft and losses due to sabotage had reached up to 60 per cent of production. Incessant attack on crude pipelines in the area has deeply affected oil production activities of the firm in recent times. Besides, activities had led to the death of some Agip workers. A boat belonging to the NAOC was attacked last year by suspected Sea Pirates along the Tarabora creek in the Southern Ijaw Local

Government Area of Bayelsa State, leading to the death of three persons. While one of the workers was reported to have drowned following his bid to escape the attack and dived into the river, two others sustained gun-shot injury. The volley of shots fired by the pirates reportedly killed three others. The latest was the incident at the weekend when some suspected pipeline vandals launched an attack on a team of contract workers and security operatives attached to the Agip. Meanwhile, there were indications that Nigeria will increase exports of its Forcados crude to nine cargoes in May, three more than in April, according to a loading programme. The consignments range from 350,000 barrels to 1 million barrels, the plan shows. Loading programmes are monthly schedules of crude shipments compiled by field operators to allow buyers and sellers to plan their supply and trading activities. However, the nation boosts its crude exports in April to 72 cargoes, seven more than the revised total for March. Daily exports are scheduled to be 2.2 million barrels compared with 1.9 million in March, which is the lowest in three years, according to the loading programme. Nigeria shipped 65.86 million barrels, compared with 65 lots, or 59.77 million barrels. Shipments dropped to 1.8 million barrels a day in March 2010.

Plateau rejects withdrawal of STF From Isa Abdulsalami, Jos LATEAU Commissioner P Information

The Dean Emeritus of the Anglican Communion, Most Rev. Ephraim Ademowo and his wife Oluranti; flanked by Deputy Governor of Lagos State, Adejoke Orelope-Adefulire and her husband, Adefulire (left); and the Arch Deacon of Victoria Island, Arch Deaconry, Ven. Ife Okupevi and his wife Modupe (right), at the dedication of the new Anglican Church of the Resurrection, 1004, Victoria Island, Lagos

Court reserves judgment in forfeited PHCN property By Joseph Onyekwere FEDERAL High Court judge A in Lagos, Okechukwu Okeke yesterday said he would on March 27 deliver judgment on a motion filed by five members of staff of the Power Holding Company of Nigeria (PHCN), challenging their ejection from a PHCN property allegedly forfeited to the Federal Government by Mrs. Cecilia Ibru, former chief executive officer of defunct Oceanic Bank. The judge reserved the date, due to the fact that the judgment was not ready. The applicants, Mr. Afolabi Dada, Mr. Charles Amadi, Mr. Lawan Muhammad, Mrs. Comfort Odili-Iwuafor and Mr. Anthony Abikoye had filed the suit through their counsel, Mr. Femi Falana (SAN) contending that the said property allegedly acquired by Ibru,

was at all material time, the property of PHCN. Joined as respondents in the suit are Ibru and Asset Management Corporation of Nigeria (AMCON). The applicants in their motion are contending that Ibru never lawfully acquired the said property of PHCN, (from which they were now been ejected) and so, had no right to forfeit same to the Federal Government. The applicants are therefore seeking an order setting aside the execution levied on the property by which they were forcefully ejected, on the ground that there existed a pending suit involving the said property. The staff are also seeking an order to stop the court sheriffs from taking further steps in the case until the substantive suit is determined. At the last adjourned date,

Falana had told the court that AMCON acted fraudulently when it obtained a court order, which granted leave to seal up the plaintiffs’ premises. He argued that while ownership of the said property was still the subject of a pending litigation before the court and involving AMCON, the respondent had gone behind closed doors to obtain an order to levy execution on the property. Falana had argued that the act of the respondent was fraudulent and ought to be set aside. Responding to the arguments of Falana, counsel to AMCON, Mr. Felix Azu (SAN) argued that an order for forfeiture of the premises was made in 2010 by Justice Daniel Abutu, but this order was not appealed against by the applicants.

1. 5m cocaine users in West, Central Africa, says report From Emeka Anuforo, Abuja

UNODC urges Nigeria to sustain war against drug abuse

N estimated 1.5 million cocaine users are in West and Central Africa, going by a report released yesterday by the International Narcotics Control Board (INCB). Meanwhile, the United Nations Office on Drugs and Crime (UNODC) has alerted that the illicit methamphetamine manufacture, trafficking and abuse of amphetamine-type stimulants, specially methamphetamine, which appeared to be confined to Southern Africa, has now spread to West Africa with the locally produced substance trafficked to East and SouthEast Asia. UNODC has also tasked Nigeria to sustain and successfully execute the fight

against drug abuse and illicit drugs. In the report, cannabis has maintained its criminal place as the most widely cultivated, trafficked and abused substance in West Africa, while heroin, amphetamine-type stimulants, and over –thecounter and prescriptions medicines are substance of abuse in West Africa. The International Narcotics Control Board (INCB) is an independent and quasi-judicial entity established to monitor the implementation of the international drug control treaties. It is composed of 13 members elected by the Economic and Social Council (ECOSOC), who serve in their personal capacity and not as

government representatives. The report stressed how West Africa as a whole continues to remain a transit area for the trafficking of cocaine from South America to European markets, making reference to indications that cocaine trafficking could generate nearly 900 million US $ in profit yearly for criminal networks targeting West Africa. The report indicates that trafficking in heroin and methamphetamine has been increasing in the region, with methamphetamine increasingly produced locally, particularly in Ghana and Nigeria. UNDOC Representative in Nigeria, Ms. Mariam Sissoko, who spoke at the review of the International Narcotics Control Board (INCB) Report 2012 in Abuja, stressed that Nigeria remains a transit country for illicit drugs but lacks epidemiological studies on the extent of drug abuse. Director General of the National Agency for Food and Drug Administration and Control (NAFDAC), Dr. Paul Orhii, who spoke at the representation of the review at the NAFDAC office, listed several efforts by the Nigerian government to criminalise issues related to drug abuse. “In line with its mandate, NAFDAC has worked assiduously within its available resources to implement treaty obligations and ensure that National Obligations to international conventions are met,” Orhii said.

State for and Communication, Mr. Yiljap Abraham, has sharply disagreed with the Chairman of Riyom Local Government Council, Mr. Sam Gyang Audu, who called for the withdrawal of the personnel of the Special Task Force (STF) from his council. The commissioner said that withdrawal of the STF from the state as a whole would not achieve the desired result of total peace. According to Abraham, communities in the state should be encouraged to keep talking to one another on the need for peaceful co-existence until they reach a point where the armed forces will no longer be necessary to continue guarding them. “When you reach that point, then you will now start talking in the reduction of the numbers, a gradual withdrawal. But the total withdrawal at once at this point may not solve the purpose that we want,” Abraham stated.

Delta DPP gives conditions for merging with APC From Hendrix Oliomogbe, Asaba OTWITHSTANDING the N romance of its national organ with the budding merging party, All Progressive Congress (APC), the Delta State branch of the Democratic People’s Party (DPP) has told those fraternising with the new party that they risk expulsion. The Delta State Chairman of the party, Chief Tony Ezeagwu explained in Asaba yesterday that the DPP had resolved to support the APC but have equally instructed its members not to hold any meeting with any member of the APC until the merger conditions are clearly spelt out. During the last governorship election in the state in 2011, the party’s candidate, Chief Great Ogboru finished a strong second to the ruling People’s Democratic Party (PDP). Besides, the party won some seat in the National and State House of Assembly where it is the main opposition.

Aregbesola names Okesina VC of Osun varsity From Tunji Omofoye, Osogbo HE controversy surrounding the selection of the Vice Chancellor of Osun State University has been laid to rest as the state Governor, Rauf Adesoji Aregbesola has approved the appointment of Prof. Adekunle Bashir Okesina the substantive ViceChancellor. A statement by the Senior Assistant Registrar of the university, Mr. Marcus Awobifa yesterday said the university community received the news of Okesina, the second Vice Chancellor to lead the multi campus university with joy. Okesina, a Chemical Pathologist, was born on October 11, 1954. He graduated with Bachelor of Medicine and Bachelor of Surgery (MBBS) in 1980 from the University of Lagos. He became a Fellow of Postgraduate Medical College of Nigeria in 1988 and Fellow of West African College of Physicians in 1989.

THE GUARDIAN, Tuesday, March 26, 2013

Aregbesola stresses need for justice From Tunji Omofoye, Osogbo OVERNOR Rauf Aregbesola of Osun State has said that unhindered access to justice is a cardinal necessity for human freedom and deepening of democracy. Aregbesola stated this yesterday in Osogbo while inaugurating Osun Citizens’ Mediation Centre (O’Mediation). The governor stated that when people are denied the right to express their grievances and resolve their disputes amicably, it was usually tantamount to inviting chaos, lawlessness and disorderliness. He added: “When we deny the landlords and tenants; creditors and debtors; complainants and respondents the opportunity to ventilate their grievances in a structured manner and with a view to a mutually acceptable resolution, we would have an explosion of court cases and more frustration with the judicial system, as cases may not be attended with the anticipated dispatch the parties desire”.

African leaders, stakeholders move to meet MDGs, others

From Kamal Tayo Oropo (Abidjan, Cote d’Ivoire) F assurances from Africa’s Finance, Economics, Planning and Development Ministers and other stakeholders are anything to go by, the continent may soon achieve the Millennium Development Goals (MDGs) and general economic wellbeing.

To achieve the goal, the stakeholders yesterday adopted a position paper during a plenary session at the on-going 6th Joint Annual Meeting of the Africa Union (AU) Conference of Ministers of Economy and Finance and the ECA Conference of Ministers of Finance, Planning and Economic Development, holding in Abidjan, Cote d’Ivoire.

Those who attended the meeting included President Alassane Ouattara of Cote d’Ivoire; Chairperson of the African Union Commission (AUC), Dr. Nkosazana Dlamini Zuma; the United Nations Under-Secretary-General and Executive Secretary of the Economic Commission for Africa (ECA), Mr. Carlos Lopez; President of the African

Development Bank (AfDB), Dr. Donald Kaberuka, as well as over 30 ministers from various Africa countries, including the Governor Central Bank of Nigeria (CBN), Malam Sanusi Lamido Sanusi. Participants at the event stressed the need for Africa to play a leading role in defining and shaping the post-2015 MDGs agenda, in order to

Fayemi may teach at Ekiti varsity institute From Muyiwa Adeyemi, Ado-Ekiti LANS by Ekiti State Governor Kayode Fayemi to return to the classroom as an academic may soon become a reality as he yesterday disclosed that he would teach at the newly-established Institute of Governance Studies at the Ekiti State University (EKSU). The governor stated this when the EKSU’s Vice Chancellor, Prof. Dipo Aina, yesterday presented to him documents on the establishment of the institute as okayed by the institution’s council. Fayemi is billed to lecture at the institute when it eventually takes off next session, thus becoming the first sitting governor in the country to serve as a university teacher. The governor, who had on several occasions expressed interest in imparting knowledge in the School of Peace and Conflict Studies in the stateowned university, was presented with the documents at the opening session of the 7th International Annual Conference of Society for Peace Studies and Practice held at the EKSU campus in Ado-Ekiti.

Chairman, Imo Deputy Governor, Jude Agbaso’s alleged bribery scandal panel, Justice Godwin Chukwuemeka Ihekire (left) being congratulated by Justice Goddy Anunihu (right) after being sworn-in in Owerri

ensure that it truly addressed the continent’s development needs. Such agenda, according to a joint draft statement issued, must be sufficiently inclusive, without necessarily increasing the range of development goals and indicators contained in the MDGs framework, as well as the process should be pursued through a bottom-up approach rather than the traditional top-down approach that has characterised the formulation of previous development agenda or frameworks. While statistics and the capacity to develop appropriate indicators for measuring and tracking progress in Africa’s development were very important, participants wanted the on-going discussions on the post-2015 agenda to allow for necessary adjustments to accelerate progress towards the achievement of the MDGs between now and 2015. In addition to calling on countries to allocate adequate resources to fast-track the MDGs, the AUC, ECA, AfDB and the UNDP were also urged to establish a technical working group to translate Africa’s priorities for the post-2015 agenda into a concrete goal targets and to feed them into the sustainable Development Goals (SDGs) process and the post2015 global agenda. Calls were made on the need for Africa to speak with one voice on the global discussion to chart the post-2015.

Akanbi faults pardon for Alamieyeseigha, others From Abiodun Fagbemi, Ilorin ETIRED President of the R Court of Appeal, Justice Mustapha Akanbi (rtd), yesterday said the pardon granted former governor of Bayelsa State, Diepreye Alamieyeseigha and erstwhile managing director of the defunct Bank of the North, Shetima Bulama, was a solo decision of President Goodluck Jonathan. Justice Akanbi, who is founding chairman of the Independent Corrupt

Practices and other related offences Commission (ICPC), added that in the fullness of time, corrupt persons would suffer perdition in Nigeria. The retired jurist stated this in Ilorin, Kwara State capital, shortly before commencement of this year’s Mohammed Mustapha Akanbi Public Lecture organised by the Faculty of Law, University of Ilorin. He said: “They say all the members of the National Council of States supported it. When I looked, many of the retired

judges were not there. Even some of the former Heads of State were not there. So whatever is the case is a decision taken by the President in his wisdom. “When I was a young lawyer, as a state counsel, I dealt with the issue of prerogative of mercy. Then, we would work out the facts for and against and if on balance, we take public opinion into consideration. But if there are no facts justifying the case of pardon, you don’t grant pardon. “I don’t know the yardstick he

Court rules April 8 on Umeh’s suit against ouster From Lawrence Njoku, Enugu MAJOR inroad was yesterday recorded in the appeal for stay of execution filed by ousted chairman of the All Progressives Grand Alliance (APGA), Chief Victor Umeh, as the Court of Appeal sitting in Enugu adjourned ruling to April 8, 2013, on the application. The court also adjourned to April 8, the application filed by a group of APGA members seeking to be joined in the case, claiming that they had interest in the matter. An Enugu High Court, presided over by Justice Innocent Umezulike, had on February 8 sacked the APGA executive over non-compliance with the party’s constitution during its national convention in 2010. Dissatisfied with the judgment, Umeh approached the Appeal Court seeking stay of execution, as well as a review of the judgment. At the resumed hearing of appeal, which has been reas-

NEWS

signed to a fresh three-man panel of justices headed by Justice Paul Galinje, with Justices F. A. Kwasami and Tom Yakubu as members, the court asked all the parties in the case to abide by the rule of the court, promising to accelerate hearing on the matter. Moving the application for a stay of execution dated February 28, which was based on eight grounds, Umeh’s lead counsel, Mr. Patrick Ikweto (SAN), asked the court to make an order staying the exaction of the trial court presided over by Umezulike on the grounds that he had no jurisdiction to entertain the matter. He drew the attention of the court to the judgment particularly where he ruled that the APGA national chairman be restrained from functioning in his capacity on the ground that he was not validly elected at the party’s national convention of 2010. He said that by the decision, APGA was denied of a valid leadership, which was akin to paralysing

the party. Ikweto pleaded with the appellate court to protect the party by restoring Umeh and his executive to office pending the determination of the substantive appeal, noting that the ruling of the lower court sacking Umeh and the entire APGA executive was done in gross violation of the party’s constitution. He said: “All the cases in this appeal are anchored mainly on lack of jurisdiction by the trial court and where the appeal hinges on absence of jurisdiction, the appellate court can make an order to preserve the res (status quo). I cannot see the propriety of the appellate court not making a preservative order in this case”. He argued that if the order for a stay of execution was not granted, the final decision in the case would be jeopardised, adding that “meddlesome interlopers had already planned to hold the party’s national convention despite the pending appeal”.

But there was a mild drama midway into proceeding when the respondent to the suit, Jude Okuli, arrived and started raising his hands to announce his presence and in protest that the notices had not been served on him. Ignoring entreaties by security operatives at the court to arrest him for attempting to disrupt the proceedings of the court, he insisted that he heard. The lead judge immediately ordered that he be served the notices, which was done inside the courtroom with chairman of the panel informing all the parties to conduct themselves with decorum. He said the rule of law must be respected at all times, even as he insisted on adjourning the matter to April 8. The application for joinder brought by one S. T. Abbah, who claimed to be representing the interest of some unnamed APGA members, was adjourned to April 8 for hearing.

used for granting pardon. It is not a question of acting on whims and caprices. You look at each case on its own merit and take a decision. But in this case, the decision had already been taken.” He added that “quite a number of people have condemned Alamieyeseigha’s pardon. We should be more determined to fight corruption. This is a passing phase, time heals all wounds. In the fullness of time, those who are corrupt will suffer perdition; that is my belief.” Justice Akanbi emphasised that “corruption has permeated every facet of our lives. We hear the various scams. You cannot fight corruption unless there is political will by those in

authority. If they have political will to fight corruption, then we would have gone half way in trying to solve the problem of governance. But if corruption is entrenched and we take steps that give the impression that we have no regard for the eradication of corruption, then we are in trouble.” In the lecture entitled: “Challenges of administration of justice in the sustenance of good governance in transnational era: Hindsights; insights and prognoses,” the guest lecturer, Justice Chima C. Nweze, bemoaned the challenge of continued application of anachronistic laws in the country’s judiciary.

THE GUARDIAN, Tuesday, March 26, 2013

8 NEWS

Minister hinges food sufficiency on mechanised farming

Foundation plans rating of W’Africa on FoE

From Abiodun Fagbemi, Ilorin OR the agriculture transformation agenda of the current administration, which is aimed at adding 20 million metric tonnes of food to the country’s domestic supply by 2015 and creating 3.5 million jobs, the nation must mechanise farming, Minister of Agriculture, Dr. Akinwumi Adesina, has said. According to the minister yesterday at the commissioning of some projects at National Centre for Agricultural Mechanisation (NCAM), Ilorin, Kwara State, Nigeria has 84 million hectares of land, with about 40 per cent of that actually cultivated. He added: “In terms of yields, which are still very low and in terms of the productivity of land, in fact not more than 10 per cent of all the arable land is actually optimally cultivated. “The numbers don’t look good for Africa on mechanisation. The Food and Agricultural Organisation (FAO) estimates that only one per cent of farm power is provided by mechanical means in Africa less than 10 per cent from animal traction and 89 per cent come from human labour. “Nigeria is no exception. The current level of mechanisation in Nigeria is estimated to be 0.03 ox power per hectare as against 1.5 ox power per hectare recommended by FAO. The total number of tractors we have in the country is 30,000 but as one goes around, probably 20 per cent of them have broken down and are littering the country”. Adesina continued: “This low level of mechanisation limits the ability of farmers to expand cultivated areas to perform timely farm operations to achieve economy of scale in raising food production. Because farming is still done with rudimentary

From Lawrence Njoku, Enugu

equipment, our land and labour productivity is low and this limits the interest of the yields in agriculture. “For many decades, governments have sunk billions of naira into purchase of tractors and other mechanised equipment but corruption, lack of maintenance culture had made these efforts less than successful as they were designed to be. “Government’s direct procurement and distribution of tractor was not different from direct procurement and distribution of fertiliser. As government was buying fertiliser, no more than 11 per cent of farmers were getting the fertiliser. The fertiliser would develop hands and legs and walk away from the farmers.”

HE Media Foundation for T West Africa (MFWA), in partnership with the United

President Goodluck Jonathan (right) and Chairman, Southern Kaduna Elders’ Forum, General Zamani Lekwot, during their meeting with the President in Abuja…yesterday

Red Cross seeks laws to regulate robot-controlled weapons From Collins Olayinka, Abuja NLESS the world finds a way of raising an international law that will guide the operations of robot-controlled war weaponries, the number of civilian casualties will continue to rise, the International Committee of the Red Cross (ICRC) has said. This comes as the ICRC also called for deliberate steps aimed at protecting the rights of people who are active participants in conflicts across the country. Speaking yesterday in Abuja at the Red Cross Day at the National Defence College (NDC), the Head of Delegation of ICRC in Nigeria, Mr. Zoran Jovanovic, said as an impartial organisation, the ICRC does not discriminate against any type of victims in a war situation. He added: “When it comes to the development of interna-

tional law, how can we as human beings, accept, as we have done today, weapons that are not operated by human beings? We have weapons that are operated by robots. The question is how robots make distinction between combatant and civilian population? So, there are fields where the adaptation of international law is very important because technology is advancing and laws have got to adapt to its changes and sophistication as the spirit remains the same. People who are not participating or have stopped from participating in conflicts have rights that must be protected and be assisted.” He revealed that the ICRC has conducted a survey on International Humanitarian Law (IHL), which confirmed

its relevance even today but that the report identified some significant weaknesses that are being addressed through its strengthening IHL initiative. “Advanced weapons, such as drones and robots or cyber warfare, test IHL. The use of unexplosive weapons in densely populated areas and the unregulated access to conventional weapons (such as small arms) are as well causes of legal and humanitarian concerns. But the true test for IHL is whether fighters and those who command them abide by the rules. The ICRC actively seeks to achieve better respect for IHL throughout the world,” he stated. He also said the ICRC has increased its activities in Nigeria in the past few years, which have seen the estab-

lishment of new field structures in Port Harcourt, Kano, Jos and Maiduguri. According to him, a surgical team is already deployed to hospitals in Kaduna, Jos and Bauchi to help rehabilitate victims of bomb blasts. On what may possibly be responsible for the spate of bombings and killings ravaging some parts of the country, Jonanovic submitted that it would be wrong to blame the insurgency on proliferation of small arms but that the possible cause could be multifaceted that requires a more holistic approach. He blamed the proliferation of small arms across the world on inadequate legislation, saying importation and exportation of food items have more regulations than trade in small and light weapons.

States (U.S.)-based Freedom of Expression (FoE) advocacy organisation, will from next year, analyse and rate all the West African countries on conditions of FoE in the respective nations. The annual ratings, which will be called West Africa Freedom of Expression Index, will rank all 16 West African countries based on an in-depth assessment of each country’s conditions of press freedom, internet freedom, freedom of association and assembly, religious freedom, artistic freedom, among others. A statement from the Executive Director of the organisation, Prof. Kwame Karikari, made available to The Guardian in Enugu yesterday, said that part of the preparatory stages for the development of the Index would be a two-day experts’ meeting from today to discuss, develop and adopt a suitable methodology for the Index.

Ekiti hosts emerging leaders’ symposium By Tunde Akinola HE Ekiti State government will be hosting the second edition of The Nigerian Symposium for Young and Emerging Leaders, billed for April 4 to 7, 2013, at the Ikogosi Warm Spring and Resorts in the state. The symposium is an annual high-level leadership platform focused on building capacity for the new generation of Nigerian leaders, organised by The Future Project in partnership with Enough is Enough Nigeria (EiE) and the Nigeria Leadership Initiative.

Health workers threaten strike over pay, others By Chukwuma Muanya F urgent steps were not taken to address the 10point demand of health workers in the country, they may from April 2, 2013, begin a nationwide strike. The workers, under the aegis of Joint Health Sector Unions (JOHESU), have accused the Health Minister, Prof. Onyebuchi Chukwu, of

• Accuse minister of bias fuelling disharmony in the health sector by suppressing other health professionals through unfair labour practices. JOHESU, at a press conference yesterday in Lagos, demanded among other things, promotion of their members from Consolidated

Health Salary Scale (CONHESS) 14 to 15; implementation of 2008 job evaluations report; review of retirement age as their counterparts in the universities; implementation of the Justice Abdullahi Bello Presidential Committee report on Harmony in the Health Sector submitted to the Federal Government since 2011; reconstitution and equitable representation of other health professional associations and unions in the Hospital Management Boards. The JOHESU comprises other health workers besides medical doctors. They include: Medical and Health Workers’ Union (MHWUN), National Association of Nigerian Nurses and Midwives (NANNM), Nigerian Union of Pharmacists (NUP), Senior Staff Association of Universities’ Teaching Hospitals Research Institutes and Associated Institutions (SSAUTHRIAI), Non-Academic Staff Union of Educational and Associated Institutions (NASUEAI), physiotherapists, medical scientists and professionals allied to medicine, otherwise known as Allied Health Professionals. National Chairman of JOHESU, Dr. Ayuba Wabba, said: “The JOHESU noted that whereas agreement was reached on May 10, 2012, for these issues to be implemented on or before July 31, 2012, it

is regretted that none has been implemented up to this time. “Despite a 15-day ultimatum issued to the Federal Ministry of Health leading to a threeday warning strike on February 21 to 23, 2013, JOIHESU resolved that a fresh 15-day ultimatum, after an emergency national meeting on February 27 and 28, 2013, starting from Monday March 18, 2013, be given to the Federal Ministry of Health to implement these agreements or face indefinite industrial action in all federal health institutions nationwide.” Wabba said four of the 10point demand were referred by the Minister of Labour and Productivity to the National Industrial Court (NIC) for adjudication since September 2012. The four demands are: skipping of CONHESS 10 salary grade; non-payment of specialist allowance; issues of consultancy status for allied health professionals; and call duty allowance re-negotiation. The JOHESU chairman said: “It is, however, disheartening that since September 2012 when the case commenced at the NIC Abuja, the Federal Ministry of Health has been causing unnecessary delays through unjustifiable and incessant adjournments purposely to dampen the morale of our members nationwide.

THE GUARDIAN, Tuesday, March 26, 2013

AfricanNews Kenya court orders partial vote re-tally ENYA’S Supreme Court K has ordered the re-tallying of votes cast at 22 polling

Chinese President Xi Jinping (left) and Tanzanian President Jakaya Kikwete (right) pose at the state house in Dar es Salaam, Tanzania during Jinping’s the two-day visit to the country with First Lady, Peng Liyuan. PHOTO: AFP/JOHN LUKUWI

China seeks relationship of equals, Jinping tells Africa HINA’S new president, Xi C Jinping, told Africans yesterday he wanted a relationship of equals that would help the continent develop, responding to concerns that Beijing is only interested in shipping out its raw materials. On the first stop on an African tour that will include a BRICS summit of major emerging economies, Xi Jinping told Tanzanian President Jakaya Kikwete that China’s involvement in Africa would help the continent grow richer. “China sincerely hopes to see faster development in African countries and a better life for African people,” Xi said in a speech laying out China’s policy on Africa, delivered at a conference center in Dar es Salaam built with Chinese money. Renewing an offer of $20b loan to Africa between 2013 and 2015, Xi pledged to “help African countries turn resource endowment into development strength and achieve

independent and sustainable development”. Africans broadly see China as a healthy counterbalance to Western influence but, as ties mature, there are growing calls from policymakers and economists for a more balanced trade deal. “China will continue to offer, as always, necessary assistance to Africa with no politi-

cal strings attached,” Xi said to applause. “We get on well and treat each others as equals.” But gratitude for that aid is increasingly tinged with resentment about the way Chinese companies operate in Africa where industrial complexes staffed exclusively by Chinese workers have occasionally provoked riots by locals looking for work.

stations out of 33,000 in the 4 March presidential election. The court said its agents would check whether the number of votes was higher than the number of registered voters. Defeated candidate Raila Odinga says the result was manipulated to give Uhuru Kenyatta victory, a charge election officials deny. Mr Kenyatta passed the 50% mark for outright victory by about 4,100 votes.

The BBC’s Frenny Jowi in the Kenyan capital, Nairobi, says while only 22 of out 33,0000 polling stations are affected, the ruling is significant because of the narrow margin by which Mr Kenyatta avoided a run-off. He won by 50.07% to Mr Odinga’s 43.31%. Under Kenyan law, the court has until Saturday to decide whether or not to confirm Kenyatta’s victory. Mr Kenyatta, son of Kenya’s founding leader Jomo Kenyatta, is due to stand trial at the at the International Criminal Court (ICC) in July

on charges of crimes against humanity, following claims that he orchestrated violence after the last election in 2007. He denies the allegation, and his lawyers have asked judges to throw out the case. Mr Odinga’s Coalition for Reforms and Democracy (Cord) says his votes were “tampered with and reduced”, while the number of ballots cast for Kenyatta was inflated. Chief Justice Willy Mutunga said the court would be impartial in its verdict. “You must trust us to do our jobs,” he said.

EU suspends sanctions against most Zimbabwe officials HE European Union has 2002. to immediately suspend the T suspended sanctions It said it was in response to application of measures against 81 officials and eight human rights abuses and against 81 individuals and firms in Zimbabwe. The decision followed a “peaceful, successful and credible” referendum on a new constitution earlier this month, the EU said in a statement. However, sanctions will remain in force against Zimbabwe’s President Robert Mugabe and 10 of his top aides, an EU source told Reuters news agency. The EU imposed sanctions, including a travel ban, in

political violence under Mugabe’s rule. Mugabe and his rival, Prime Minister Morgan Tsvangirai, have been sharing power since disputed elections marred by violence in 2008. The new constitution, endorsed by both Mugabe and Tsvangirai - expands civil liberties in Zimbabwe. Fresh elections are expected to be held sometime this year. “The EU... has today agreed

eight entities,” EU foreign policy chief Catherine Ashton said in a statement. She said the move was in response to the “peaceful, successful and credible” referendum on a new constitution on 16 March. Allies of Mugabe have long argued that the sanctions should be unconditionally removed and that they have had a negative impact on Zimbabwe’s economy.

Factional rebel leader Djotodia declares self CAR’s president, another kicks WO days after sweeping T into the capital of the Central African Republic and overthrowing the nation’s president, one of the leaders of the rebel coalition, Michel Djotodia, has already declared himself president, saying he considers himself to be the new head of state. However, another rebel leader told reporters his group does not recognise Djotodia as president, and says they will challenge his attempt to in-

stall himself at the helm. Djotodia was asked by a French radio station if they should address him as Mr. President? He answered in an interview broadcast by RFI radio yesterday: “I can consider myself to be, at this moment, the head of state.” Asked how long he would stay in power, Djotodia suggested that he would stay as long as three years, the time remaining in the unfinished term of President Francois Bozize, who

fled the capital over the weekend and took refuge in Cameroon. “We’ve just barely started, and you are asking me how long I plan to stay in power? I can’t say because you know full well that we need time to bring back peace. There is insecurity ... It was said in Libreville that we should respect the three year timeline for organising free and transparent elections. We won’t stay any longer,” he told RFI.

But in Paris, Nelson N’Jadder, the president of the Revolution for Democracy, one of the rebel groups belonging to the Seleka rebel coalition which invaded the capital, said that his fighters do not recognise Djotodia. He claimed the members of the rebel coalition had agreed that their aim was to push to the presidential palace and then announce an 18-monthlong transition before new elections are held. There was

never a consensus around appointing Djotodia as their overall leader, he said. “We do not recognise him as president,” N’Jadder told the Associated Press by telephone from Paris. “We had agreed that we would push to Bangui in order to arrest Bozize and that we would then announce an 18-month transition, a transition that would be as fast as possible and not one that would last three years,” he said.

The GUArDIAN, Tuesday, March 26, 2013

Worldreport Syrian rebel commander, Asaad amputated after blast he man who established T and once commanded the rebel Free syrian Army (FsA), Col riad al-Asaad, who was badly wounded by an explosion in Deir al-Zour province has had a leg amputated after the blast in the town of Mayadeen on sunday, the FsA said. some reports said a bomb exploded near his car; others maintained that a rocket hit it. Meanwhile, Moaz al-Khatib, who resigned as head of the opposition National Coalition on sunday, has said he plans to address a summit in Qatar this week. In a statement on his Facebook page, Mr Khatib said that after “consulting trustworthy figures”, he had “decided to make a speech in the name of the syrian people”. Nizar al-haraki, the coalition’s envoy in Doha, said Mr Khatib would head the syrian opposition delegation filling the seat of syria at the Arab League meeting. syria’s membership was suspended in November 2011.

U.S. hands over Bagram prison to Afghanistan he United states has handT ed over to Afghanistan the only prison still under American control, resolving an issue that has strained ties between the countries. A transfer ceremony took place yesterday at Bagram jail, now renamed the Afghan National Detention Facility at Parwan. The handover came as Us secretary of state John Kerry made an unannounced visit for talks with President hamid Karzai. Kerry told a press conference they were both “on the same page” regarding peace talks with the Taliban. President Karzai recently angered Washington by accusing the U.s. and the Taliban of colluding to prolong the conflict. But Kerry told reporters: “I am confident (Mr Karzai) does not believe the U.s. has any interest except to see the Taliban come to the table to make peace.’’ “so we’re on the same page. I don’t think there is any disagreement between us.’’ referring to the handover of Bagram prison, Mr Karzai said: “Today was a very good day.’’ The handover had been delayed while the two sides finalised a deal over the fate of prisoners considered dangerous. Bagram has a chequered reputation, having been at the centre of a number of prisoner abuse allegations. It was once located in Bagram air base, one of the largest military bases for Nato-led forces in Afghanistan, about 40km (25 miles) north of the capital, Kabul. The new Parwan facility was constructed a few miles away and populated with inmates in 2010. “The transfer of the detention facility is an important part of the overall transition of security lead to Afghan National security Forces.

Mr Khatib complained in his resignation statement on sunday about foreign powers, which he claimed were withholding aid from the opposition while trying to control it. “They support whomever is ready to obey, and the one who refuses has to face starva-

tion and siege,” he said. “We will not beg to satisfy anyone, and if there is a decision to execute us as syrians, so let it be.” his decision came five days after the coalition elected Ghassan hitto as prime minister of an interim govern-

ment, which he considered premature. An FsA spokesman told BBC Arabic that Col Asaad had been touring the town of Mayadeen, which is largely under rebel control, on sunday night when his car was hit by an explosion.

Israel restores tax transfers to Palestinian Authority srAeL restores tax transfers to occupied West Bank if wage IIsrael Palestinian Authority arrears were not covered. said yesterday it would restart regular monthly tax transfers to the Palestinian Authority, restoring vital funding days after United states President Barack Obama called for confidence-building steps toward peace. Israel began withholding the money, about $100m in tax revenues it collects each month on behalf of the Authority in November after President Mahmoud Abbas secured de facto United Nations recognition of Palestinian statehood. The cut-off was a blow to Abbas who urgently needed the cash to pay public sector salaries at a time of growing financial strain. Officials had warned of possible unrest in the Israeli-

Under international pressure, Israel made a transfer in January and again in February, but said at the time decisions on whether to continue would be made on a month-by-month basis. Israeli Prime Minister Benjamin Netanyahu's office yesterday said he had instructed Finance Minister Yair Lapid "to resume the transfers". A spokesman for Netanyahu said that meant regular monthly payments would be made from now on. Obama made a three-day visit to Israel and the occupied West Bank last week and called for a resumption of peace negotiations that have been stalled since 2010.

Russian Chelsea owner, Abramovich not detained in U.S., says spokesman sPOKesMAN for roman A Abramovich, John Mann, yesterday denied a news report that the billionaire russian owner of London’s Chelsea soccer club had been

Col. al-Asaad

Cyprus defends bailout deal amid recession fears he government of Cyprus has T defended a €10b bailout deal to save its banks from collapse, amid warnings the island faces deep recession. Laiki (Popular) Bank, the country’s second largest, will be wound up, but small savers will be protected. Depositors with more than €100,000 ($130,000; £85,000), many of whom are russian, face big losses. President Putin has told russian officials to restructure a €2.5b loan extended to Cyprus in 2011. suspicion has been growing in

russia that europe is using the banking crisis to target russian money in Cyprus, the BBC’s steve rosenberg in Moscow said. The european Central Bank had set a deadline of Monday (yesterday) for the deal, which came a week after the Cypriot parliament rejected a proposed bank levy on small and large deposits. On Friday the new bank restructuring plan was passed by Cypriot parliamentarians. No further vote is needed as there is no levy on deposits under €100,000, which are insured under eU deposit guarantee

rules. however, the Memorandum of Understanding between Cyprus and the eU, the formal agreement that triggers eurozone bailouts- will probably require the Cypriot parliament’s approval, according to the Open europe think tank. A “no” vote at that stage could still put Cyprus’s eurozone membership at risk. ‘Destroyed’ The people of Cyprus now face a shrinking economy with the main industry, offshore banking, being shut. however, Cypriot government

spokesman Christos stylianides said the deal had prevented a “disorderly” exit from the euro. “The important thing is that we have reached an agreement that allows us to kick-start the economy and lay the groundwork for a new beginning,” he said in a statement. “Without doubt that there are painful aspects that will place a burden on all of us.” International Monetary Fund (IMF) head, Christine Lagarde said the bailout deal agreed was “a comprehensive and credible plan” to help restore trust in the banking system.

arrested in the United states. “It’s not true,” Mann said in response to a report on the web site of russian financial daily rBK that Abramovich had been held by the United states (U.s.) Federal Bureau of Investigation. “he is in the U.s. but he has not been arrested or detained,” said Mann, who is Abramovich’s Moscow spokesman. The unsourced rBK report followed media speculation over the unexplained death in Britain of exiled russian tycoon Boris Berezovsky, who launched and lost a multi-billion-dollar court case against Abramovich, his former business partner, last year. Abramovich, 46, is a major shareholder in London-listed steel firm evraz, whose shares fell by more than 6 percent before recovering to trade 3.4 percent down on the day.

THE GUARDIAN, Tuesday, March 26, 2013

Politics How politicians compromise judges

Muktar

Bello-Adoke

By Samson Ezea HE late legal Icon, Justice Kayode T Eso, once raised the alarm on the danger of get-rich-quick syndrome among some judges in the country, stressing that the trend was too dangerous for the Nigerian Judiciary. Indeed, some retired Justices had revealed how politicians chased after them with Ghana-Must-Go bags (of money), to pervert justice. This has put a question mark on the integrity of the Judiciary and the confidence of the common man in the sector. Thus, like every sector of the society, corruption has obviously found its way into the Nigerian Judiciary. But the malfeasance has come chiefly from the machination of politicians since the return of democracy in 1999. Most of the judges that had been indicted and/or punished by the National Judicial Council (NJC), the supervising body for judges, were tainted or tempted by politicians, who, in their desperate bid to win electoral cases, chased such judges around with looted funds, which some of them found very difficult to resist. Many watchers of the polity question the criteria, based on the principle of Federal Character and not merit, for the elevation and appointment of some of these judges by the state and federal governments. Thus, analysts believe this might be responsible for the crisis of confidence in the sector, as some judges are even accused of not having full knowledge of the law or grasp of the cases they handle, making them sometimes to be easily compromised by the highest bidder. The Judiciary is regarded as the last hope of the people. But it appears that it has not been so since the return of democratic governance in Nigeria in 1999, which has made the cost of litigation not only costly, but also out of the reach of the masses.

List of the ‘accused’ For a while, the NJC, the organ that is supposed to monitor and discipline erring judges, had given the impression that it was dormant. But on February 21, 2013, after years of what looked like slumbering on its responsibility, it descended heavily on three erring judges, with one of them directly and another partially linked to political matters in their courts. Thus, the NJC ruled that Justice T.D Naron of the High Court, Plateau State, and Justice Charles Efanga Archibong of the Federal High Court Lagos, respectively be retired. • According to the NJC, among the allegations against Justice Archibong was one that had to do with politics. He reportedly issued “a bench warrant on some officials of Peoples Democratic Party (PDP) for contempt even when the counsel, who was directed by the Court to serve them, filed an affidavit that he had not been able to serve the contempt application.” So, for this allegation, and others against him, the NJC, whose Investigation Committee found Archibong answerable, urged President Goodluck Jonathan to direct the judge to proceed on compulsory retirement. The President consented to the NJC advice and compulsorily retired Archibong from the Judiciary on February 25, according to the Attorney General and Minister of Justice, Mr. Mohammed Adoke. • Likewise, the NJC has asked Governor David Jonah Jang of Plateau State to forthwith retire Naron “sequel to the ‘Findings’ by the Council that there were constant

and regular voice calls and exchange of MMS and SMS messages between Hon. Justice Naron and one of the lead counsel for one of the parties to the suit in the Osun State Gubernatorial Election Tribunal.” Naron’s action was said to have contravened the Code of Conduct for Judicial Officers of the Federal Republic of Nigeria, vide Section 292(1)(b) of the 1999 Constitution, as amended. • In 2003, the sledgehammer of the NJC fell on Justice Egbo-Egbo for granting controversial injunctions and delivering questionable rulings at the peak of the political crises between the then governor of Anambra State, Dr. Chris Ngige and his estranged political godfather, Chief Chris Uba. • Another casualty of the crisis was Justice Stanley Nnaji, who was dismissed for granting a frivolous ex parte injunction. He was indicted and dismissed by the NJC. • Also in the electoral contest for Anambra South senatorial seat in 2003, between Senator Ugochukwu Uba and Prince Nicholas Ukachukwu over who was the authentic candidate of the PDP in the election; the NJC indicted the two Justices of Appeal Court, Enugu Division, who delivered judgment in the matter. The legal tussle lasted for so long before judgment was delivered in favour of Uba. Following Ukachukwu’s counsel’s petition, the NJC investigated Justices Okwuchukwu Opene and Adeniji, respectively, and found them culpable of perverting justice in the matter. • In the same vein, former Chief Judge of the Anambra State, Justice

Most of the judges that had been indicted and/or punished by the National Judicial Council (NJC), the supervising body for judges, were tainted or tempted by politicians, who, in their desperate bid to win electoral cases, chased such judges around with looted funds, which some of them found very difficult to resist.

Chuka Okoli, was punished for his controversial role in the impeachment of Governor Peter Obi. • Lazarus Dakyen, the then Chief Judge of Plateau State, also lost his job because of his reluctance to be guided by law in his participation in the processes leading to the removal of then Governor of the state, Mr. Joshua Dariye. • Five judges were also implicated in the 2003 Election Petitions Tribunal in Akwa Ibom State. They adjudicated in the petition by Ime Umanah, candidate of the All Nigeria Peoples Party (ANPP) in the election, against the re-election of Governor Victor Attah. By the time the NJC concluded its investigations, Matilda Adamu, a Judge of the High Court of Plateau State; Christopher P.N Senlong of the Federal High Court, Lagos, and James Isede, a Chief Magistrate in Edo State were dismissed from the Judiciary. Justice D.T Ahura of the High Court of Plateau State and A. M Elelegwu of the Customary Court of Appeal, Delta State were recommended for suspension by the NJC. • Justice Jide Aladejana of the Ekiti State Judiciary was dismissed from active service for accepting the illegal position of acting Chief Judge of the state at the peak of the crisis that trailed the removal of former governor, Ayo Fayose. • In 2010, the crisis of confidence rocking the Judiciary behind the scene came to public glare with the misunderstanding that ensued between the suspended President, Court of Appeal (PCA), Justice Ayo Salami and the then Chief Justice Ignatius Katsina-Alu. The crisis had its roots in the 2007 Sokoto State election tussle between Governor Aliyu Wamakko of the PDP and Alhaji Muhammadu Dingyadi of the Democratic Peoples Party (DPP). The year also witnessed a head-on collision between the Bar and the Bench. The Nigerian Bar Association (NBA), led by Joseph Daudu (SAN), took on Katsina-Alu over his perceived undue interference and lack

of respect for the Bar. Katsina-Alu, according to the suspended PCA, had put pressure on him to compromise the Court of Appeal verdict on the prolonged Sokoto State governorship legal tussle by either disbanding the original panel, which he (the former) believed was about to give a verdict adverse to Wamako’s interest or direct the panel to give judgment in the governor’s favour on the ground that the petition he received contained an allegation that the yet-tobe delivered judgment of the appeal panel had leaked. Such accusations from a high-ranking judicial officer against the CJN could not be discountenanced, as it confirmed public suspicions about the independence, fairness and impartiality of the court in some of the controversial verdicts delivered by the judges. Eventually, Justice Katsina-Alu stopped the panel from delivering its verdict in what was described in the legal circles as judicial kidnapping of justice, especially when the issue in question was outside the statutory power of the apex court. The NBA probed the crisis, and its findings clearly indicted the former CJN for his perceived unfair interference in the issue that was statutorily outside his purview. The matter reached its climax when President Jonathan appointed Justice Dalhattu Adamu as acting President of the Court of Appeal, pending the resolution of all issues relating to the crisis and suspended Salami on the recommendation of the NJC. Peeved by the development, the NBA kicked and ordered its members to withdraw from the Council. For almost two years now, Salami has remained suspended and Jonathan had appointed two Acting Presidents of Appeal Court since then. The current CJN, Justice Aloma Mukhtar has promised zero tolerance for corruption in the Judiciary; and the public hopes she will be able or allowed to carry through that promise.

THE GUARDIAN, Tuesday, March 26, 2013

TheMetroSection A girl’s murder tears Delta community apart From Chido Okafor, Warri OR Miss Omotejohwo Edah, life ended in a cruel, gruesome and sad manner. Her death in the hands of suspected ritualists on the night of February 19, 2013 sent shivers down the spines of residents of the laid-back Okpara-inland community in Delta State. The death seemed to have jolted the community out of slumber and galvanised them into probing the mystery surrounding the disappearance of three other persons in the community within four months. That fateful night when Omotejohwo’s lover, Joseph Onosioyibo, came to their home at Okpkara Inland at about 8.00p.m. to take her out as he normally did, her father, Daniel Edah, did not discern it was the last time he would set his eyes on his daughter. For, according to him, there was no inkling to suggest to him that his daughter, so full of life, would die in such a horrifying manner. In his modest home at the extreme end of the community, just behind Agbon College, a distraught father and mother, flanked by some sympathisers, narrated to The Guardian how the missing girl’s decomposing body was found in a bush near the newly built rail-line near Ovu community with virtually all the vital organs in her body hacked away by her killers. Edah said: “I have been living with my daughter Omotejohwo. She has a man friend named Joseph Onosioyibo who used to come to the house to pick her and they would go away and later come back. I was always looking at them because I believed they were friends. Then on Tuesday, February 19, 2013, her lover, Joseph, came with a certain small car at about 4.00p.m., discussed briefly with my daughter and left. Later in the evening of that day, he came with his jeep and packed in front of my compound and sat on one of the chairs in the corridor, he greeted me and he told my daughter to get ready that they were going out.” He continued: “At about 8.00p.m., my daughter finished preparing and they entered the jeep and left. He told me they were going and I bade them good night because that was how they used to go before. The second day, which was Wednesday, I did not see her; Thursday she was nowhere to be found. For about three days, I had not seen her so everyone became worried. So I went to look for the man, someone showed me his compound because I did not know where he lived even though he is from my community. I met him paying people who had supplied him rubber and I asked him ‘where is my daughter that you carried three days ago?’ He told me he dropped my daughter on one junction in the town. Then, I asked him why he had to drop my daughter at the dangerous junction in the night and why he didn’t

The late Miss Edah

bring her home where he took her from.” “I told him to look for my daughter. Then I left him and went to report to the local vigilance group. The vigilance group members said they would investigate, that I should come back that evening. The next day, the vigilance group said the suspect was just arriving home so they could not interrogate him.” “ I went to the home of one of the community leaders called Chief Omeruo. He, too, was alarmed. He asked me why I had to wait up to four days, that it was not a town man’s business but a police matter. He said I should report to the police immediately.” When he went back to the vigilance group, they informed him that they had postponed the visit to the suspect’s house again. Edah said he went home and told his second daughter, Miss Ovoke Edah to go to the police station. “Initially, we went to the Army post at Ughelli to report the matter but the Army personnel there told us it was a police matter not that of the Army,” he recalled. Edah said: “She went to Isiokolo Police Station and reported to the police. Then my daughter, Ovoke, came back with two policemen. Then, surprisingly, the vigilance group came and were angry that my daughter brought the police that they were already handling the matter.”

The police later arrested the suspect but he was surprised that an affluent man came that same day to bail him. Edah said the police asked them to give the bailed suspect sometime to find the missing girl. The third day, they went back to the Divisional Police Officer (DPO) and the suspect, who allegedly claimed to know those whom the late girl was with that night, denied ever saying so and was supported by the DPO who said he never heard the suspect say such. The family was furious at the way the police at Isiokolo was handling the matter, they told the DPO of their displeasure on the way the matter was being handled and the DPO directed them to the Police Area Command in Ughelli. The next day, Edah, accompanied by his family members, went to the Ughelli Police Station to report the matter, and the police took their statement again. Back home in Okpara Inland, the community members were already losing their cool and were very bitter at the lackadaisical manner the matter was being handled, as security agents were not showing any genuine seriousness about locating the missing girl. The next day, the community residents gathered and staged a protest, wondering why only persons from their community were always missing, that three other persons had been missing in the last four months and had not been seen. Their search was still on when Omotejohwo’s

case increased the statistics. The community women, youths and others protested to the vigilance group, wanting to know why people were missing everyday in the community and the group was doing nothing about it. That even with the fresh case of the missing Omotejohwo, the group kept postponing investigations and not making any effort to invite the suspect to hear what he had would say. The protesters, The Guardian learnt, seized the vigilance group chairman in the community and interrogated him. But as the interrogation was going on, a combined team of soldiers and policemen stormed the community, shooting heavily, they were invited by other vigilance group members who feared their leader could be lynched. The invading soldiers, police and vigilance group members wreaked havoc in the community. One person was killed on the spot and three others were injured. Several houses were ransacked and destroyed. But that was not the end; the home of the Edah was equally visited with terror by the same soldiers, police and vigilance group. Edah, who was yet to find his missing daughter, got another blow: his house was turned upside down by the invading force. His television set and other valuables were taken outside and destroyed. Edah said they all ran into the bush to save their lives. He said afew days after the invasion, on March 3, 2013, the news of the discovery of her daughter’s mutilated corpse pervaded the village. They went to the lonely bush where her decomposing body laid to identify her, and behold, she was the one as the dress she wore the day she left was still on her. It was a terrible sight. She laid on her back with her leg and arm stretched out as if she was held to the ground by a number of persons while someone removed her organs as she struggled. Meanwhile, the lawyer to the family, N. O. Ereh, has petitioned the Inspector General of Police requesting him to use his good office to do justice in the case by transferring the matter, formerly pending at the Nigeria Police, Ughelli Area Commander’s office, to the Delta State Police Command headquarters, Asaba, or from wherever it is currently pending in Delta State, to his office for timely and proper investigation and administration of justice. The lawyer in the petition, described the matter as a “case of abduction, kidnapping, murder, and unlawful possession of human parts for juju rituals, committed against Miss Omotejohwo Edah by Mr. Joseph Onosioyibo and his gang of ritualists.” Sadly, the suspect who took the girl out on the night she was murdered didn’t spend a night in a police cell. Despite the seriousness of the matter, he was bailed

Church distributes food, clothes to the needy By Sunday Aikulola S part of its Corporate Social Responsibility (CSR) to the people, members of The Redeemed Christian Church of God Lagos Province One last week distributed food items clothes and other personal effects to members of the public. At the programme tagged Touching Lives in the Year of Signs and Wonders, the church also gave free medical tests and organized vocational training for the citizens. Addressing reporters during the programme the Special Assistant to the General Overseer on Personnel and Administration Pastor Johnson Odesola stated that the programme was organized primarily to bring smiles to the

faces of the needy. Pastor Odesola who is also in charge of Lagos Province One further noted that, “Christianity is not only about preaching the Word of God, but also meeting the needs of the people.” According to him, when Jesus Christ was on earth he did not only preach the gospel, but also fed multitudes. He further disclosed that the church has established various centres in Lagos and other states to cater for the needs of the people. Similarly, Pastor Samuel Olaniyan, the Assistant Pastor in Charge of Programmes for Corporate Social Responsibility stated that various vocational trainings like soap

making hairdressing and other crafts have been put in

place to help citizens. He further stated that the

An elderly woman receiving free medical test at the event.

PHOTO: SUNDAY AIKULOLA

church has also provided boreholes and a library to the members of the public. In the area of sports he disclosed that the church has four football teams whose part-membership comprise members of the public He said the gesture would enable the youths channel their energy and time to something more productive. On his part Mr Gabriel Adetiloye a director in Lagos State Ministry of Women Affairs and Poverty Alleviation expressed appreciation with the church for organizing such a programme. According to him Nigerian youths must not only go to school, but also be involved in a particular vocation.

Briefs Catholic Church holds Chrism Mass AINT Michael, Raphael and SMission Gabriel Catholic Church, Road, Satellite Town will today hold its Chrism Mass at 8.00a.m. at the church auditorium, by Abule Ado Bus Stop, Badagry Expressway, Lagos.

CCC Redemption Parishes hold vigil ELESTIAL Church of Christ C CCC Redemption Parish 1 & 2 will on Friday, April 12, hold one-day programme tagged Mount Carmel 2013 at National Stadium, Surulere, Lagos with the theme: With God All Things Are Possible f Host is Prophet Juwon Odubowale.

Special programme at CAC HRIST Apostolic Church C (CAC), Babalola Centre, will on Thursday, March 28 to Sunday, March 31, hold its four-day marathon prayer at the Covenant Ground, Ido-Ile, Ekiti State from 6.00 p.m. to 5.00 a.m. daily. The theme is “Restore My Glory”. The programme Co-Ordinator and Revivalist, Prophet Timothy Adurota said the programme would feature healing, salvation, among others.

Aramoko Summit holds Saturday HE yearly second edition of T Aramoko Socio-Economic Summit holds on Saturday March 30 at the town's Civic Centre, with its unifying goal being Aramoko-Ekiti development, at 10.00a.m. A statement issued by the group in Lagos, said “the summit is designed to review the impact of the first edition on the social and economic status of Aramoko. It will also map out strategies for further development of Aramoko-Ekiti. ” The group urges Aramoko sons and daughters at home and abroad to attend the event.

Gbandi, 87, passes on ZINNE Victoria Akuchukwu E Gbandi (nee Ogbo), aged 87, is dead. Her burial rites begin tomorrow with a Service of Songs at 4.00p.m. at her residence, Umu-Onai Quarters, Akwukwu-Igbo, Oshimili North Local Council of Delta State. A Christian wake holds at 8.00p.m. on Friday, March 29 at her residence, while on Saturday, March 30, a funeral service holds at St John’s Anglican Church, Akwukwu-Igbo. Outing service is on Sunday, March 31 at the same church. She is survived by children and grand children.

Gbandi

THE GUARDIAN, Tuesday, March 26, 2013

METRO 15

Funeral service for Peter Alexander Adione-Egom at Our Lady of Perpetual Help Catholic Church, Victoria Island, Lagos...on Saturday

His son, Pierre Egom Aagaard (right) and Ochei Angela Ndidi ( nee Egom) during the Requiem /Funeral Mass for Peter Alexander Adione-Egom at Our Lady of Perpertual Help Catholic Church, Victoria Island, Lagos...on Saturday

Aagaard (left); Ochei Angela Ndidi ( nee Egom), Buchi Otebele (nee Egom); Nnaemeka Adione-Egom at the event

Frank Aigbogun (left) and Prof. Bola Akinterinwa at the event

Former Foreign Affairs Minister, Odein Ajumogobia, his wife, Awuneba Ajumogobia, Mrs. Augusta Maduegbuna and her husband, Emeka Maduegbuna

Prof. Pat Utomi and Kingley Ekwem at the event

PHOTOS: GABRIEL IKHAHON

Very Rev. Monsignor Obiora Ike of Justice and Peace, Enugu (middle) and other officiating ministers

Commissioner tells Lagosians to clear drainages, prepare for heavy rains By Isaac Taiwo OLLOWING the warning that this yearâ&#x20AC;&#x2122;s rains might likely be heavier and to forestall any mishap, the Lagos State government through the Ministry of the Environment, has not only awarded contracts to clear the drainages but has also been monitoring them to ensure the projects are completed before the rains begin in earnest. The Commissioner for the Environment, Mr. Tunji Belo, who personally led the recent inspection team in company of Permanent Secretary, Drainage Services, Mr. Muyideen Akinsanya and Director, Drainage and Dredging, Dayo Erinle among others, though satisfied at the progress made by the contractors who briefed him on their challenges and progress made through

their supervisors, Akinsanya and Erinle, emphasized that the contracts should be completed before the commencement of heavy rains. Areas covered included Sura Market to see proposed construction of LAWMA yard/Ebute Elefun collector drain, LASTMA Yard to check abuse on Patey/Zapa Collector channel after several cleaning by Emergency Flood Abatement Department (EFAD), Patey Street to know how far the cleaning and clearing on the Patey/Zapas collector channel had gone and Adeniji Adele to check collector channels. Others were Binuyo, EbuteEro and Savage Elegbata where various works were going on with a view to ensuring proper channel of drains. The Commissioner re-

buked the traders that had formed the habit of not car-

ing for the cleanliness of drains passing the frontage

of their shops. At Sura Market, the com-

Bello (right) ordering closure of shops at Anikantamo Street because of dirty drainage

PHOTO: ISAAC TAIWO

missioner was displeased with traders whose shops were along Simpson Street because of their non-challant attitude towards the drainage in the frontage of their shops that were visibly unkempt. He ordered that their shops be shut until the drainage was cleared. Also, at Plank Market, Odunfa-Anikantamo, building material shops along Anikantamo Street were also shut because of the dirty drainage. He solicited the co-operation of Lagosians to ensure adequate preparations for their safety when heavy rains come. He reiterated that shops that were shut would not be re-opened until the owners properly cleared their frontage as their action had a retrospective effect on other users of the drainage.

THE GUARDIAN, Tuesday, March 26, 2013

TheGuardian

THE GUARDIAN, Tuesday, March 26 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 Monitoring constituency projects HE decision by the Presidency to monitor the implementation of so-called ‘constituency projects’ is one more example of the odium that practitioners have brought constitutional democracy into in Nigeria. Every year since 1999, each of the federal legislators or his or her constituency has been voted millions of naira to execute projects in the said constituency. The first question to ask is what exactly is meant by ‘constituency projects’? In jurisdictions where the current style of government is borrowed from it means projects that may be executed by the central government in exchange for a legislator’s support on key issues. Such projects may then serve the purpose of showcasing a legislator as a ‘performer’ capable of bringing home the federal bacon. The desperation, to the point of blackmail, with which Nigerian legislators insist year-in year-out, on this component of the budget is however baffling. There are hardly instances of similar pressure for executive action in respect of more pressing matters of public interest. And the point must be made that, the practice in other climes does not allow for direct payment to the legislators or their direct involvement in execution of projects as we have in Nigeria. Because it is public money intended for public good, and for purposes of transparency and accountability, the executive arm of government so constitutionally authorised, executes the project and is seen to be done by that legislature, again constitutionally authorised to so ensure. But as is the case with the Nigerian elite, ideas are borrowed and implemented with all the wrong motives – self-interest, group interest and everything inbetween. The 1999 Constitution stipulates in detail, the role of the federal legislature ‘to make laws for the peace, order, and good government of the Federation…’ It also assigns it comprehensive oversight duties in matters of governance. These are more than enough functions to occupy a legislature fully alive to its constitutional role, leaving little time for such diversionary activities as chasing pork barrels. Each representative can, of course, fight for constituency projects in more objective manner. First, if service to the people drives the clamour for constituency projects, then it is reasonable that the constituents be consulted on what projects would serve them best. But then, how often do legislators explore their constituencies and spend time with the electors to know ‘where their shoes pinch’? On the contrary, constituents are presented once in a while with donations of ridiculous and demeaning items such as sewing machines, grinding machines, motorcycles, and small generators, the total cost of which is a fraction of the sum collected by the legislator in the name of constituency project. Second, if legislators would see themselves more as officers of the Federal Republic and less of a section, they would begin to see the entire country as their constituency. Such broad-minded perception would encourage constituency projects – road and housing construction, agriculture, industry, educational – that are conceived, designed and executed in the short, medium, and long term, in the context of a comprehensive national development plan backed by law. It is in the course of such holistic plan that legislators can leverage on the areas of advantage of their constituencies to ‘lobby’ for the location of projects. That these things are not being earnestly done is a failure of duty on the part of both the executive and the legislative arms of government. The point must also be made that if everyone in government does his duty in accordance with the oath of office, there would be no need for legislators to demand special financial outlay to implement projects in their respective constituencies; nor would there be a justification to personally collect the money or, as the case may be, directly seek to execute such projects. Fourteen years of ‘constituency projects’ leaves little proof to match the billions allocated. Yet, the demand for the money is as strident as ever and has played into the hands of an executive branch exasperated by a bothersome legislative arm of government. Consequently, N100 billion has been factored into the 2013 budget for constituency projects. Much likely, such big money up for sharing every year by a handful of men and women, is the reason politics is the biggest money-spinner in town. More so when the benefactors are the supposed overseers constitutionally charged with ensuring a judicious application of this money. It is a pity that the National Assembly, propelled by greed, has subjected itself to a reversal of its specified constitutional role, which is to monitor the other arms of government. Now, the president has, according to Minister of Finance, Dr. Ngozi Okonjo-Iweala, assigned the minister of special duties to ‘superintend the use of the funds and project implementation’. He will ‘track the amount involved (in each project) and ensure that it was actually spent on the projects submitted so as to account for the fund’. If there ever is a vote of ‘presidential distrust’, this must be it. And it is truly regrettable. Now that the presidency has taken it upon itself to monitor constituency projects, and ensure fairness of evaluation, it would be appropriate that the constituents be the nucleus of the presidential monitoring team. After all, the executive arm itself is not the most transparent. Fundamentally, however, it is not at all the function of the legislature to execute constituency projects. Therefore, there should be no provision for it in the national budget. Indeed, it is a self-imposed function neither supported by the letter nor the spirit of the extant Constitution. Henceforth, every project with proven economic benefits should be factored into a holistic national development plan with a timetable for short, medium, and long term implementation. This is how serious nations do things.

LETTERS

UNIABUJA crisis and failure of stakeholders and the Federal The Nigerian university read, “it is embarrassing the ty Sbad;IR:system has never had it so only federal university in Government to put facilities we are now at the epi- Abuja cannot offer engineer- in place since the university center of a sectoral crisis. The only federal university in the Nigerian capital cannot boast of good facilities and the Federal Government now transfers students to other federal universities. Only the vice chancellor should not be blamed for this. It is rather between the Minister of Education, the National Universities Commission (NUC), and the university management because the university management could not have overseen the university alone without its Senate, Governing Council, Ministry of Education and perhaps the Visitor to the University (Mr. President). The social media was recently awash with posts that engineering students of University of Abuja protested at the National Assembly against their transfer to other schools. Some of the placards

ing” “we cannot be transferred to Boko Haram state”, “save our future”, “they are not discussing with us”, “after several years we cannot go anywhere”. My posers for the Minister of Education, NUC, and UNIABUJA Vice Chancellor are: • Why should the inability of the Federal Government (proprietor) to put facilities at the engineering department be passed on the students to bear the pain by same government? • Are the Minister and NUC not part of the process of running the university and ensuring its accreditation as at when due? • Is it ethical to transfer students to other institutions to complete their course of study and still get the certificate of their former school? • Why is it difficult for the management of the universi-

crisis started? • How did the intervention committee led by Prof. Mafiana resort to transferring the students and also insist that other students go on leave of absence ahead of next session when they are expected to resume at the other school? • Are there no moves to rectify the accreditation problem before next academic session? Since the problem is now compounded, there should be better ways out than inflicting pains on the innocent students and their parents. Now that Nigerian students cannot be guaranteed hitch-free education in their own country, why won’t they think of applying to study abroad? It is unfortunate. • Wasiu Olanrewaju-Smart, Kubwa, Abuja.

Crocodile tears of IBB, Obasanjo and Danjuma The lamentations of SpastIR: elder statesmen, especially rulers on the state of the nation should ordinarily be taken serious because of their wisdom, age and experience. However, the recent lamentation of two former heads of state, Generals Ibrahim Babangida and Olusegun Obasanjo, and a former

Defence Minister, Theophilus Danjuma on the state of the nation is to say the least vexatious and hypocritical. The three men contributed immensely to our sorry state today. They had the opportunity to put Nigeria on a sound footing when they were in charge but they bungled the chance and now want a mira-

cle to happen. They should rather keep quiet and allow Nigerians to sort themselves out from the mess. What legacy did they leave when they were in charge? Did they not mismanage our commonwealth? • Chuks Ibegbu, Enugu, Enugu State.

THE GUARDIAN, Tuesday, March 26, 2013

Business Appointments P35 Enhancing recuitment in public sector through technology

Govt to review investment policies By Taiwo Hassan, with agency HE Federal Government T has initiated moves to review the country’s investment policies to make it one of the most attractive economic frontiers globally. For the review to be comprehensive and feasible, a taskforce to be guided by the Organisation for Economic Cooperation and Development (OECD) and the Growth and Employment in States (GEMS3)- a United

For the first time, we have Nigeria in a different area which you can describe as the high growth and high return environment, compared to at least 75 per cent of other global economies.This means that we are in a very unique position to take advantage of this unique opportunity. Kingdom’s Department For International Development (DFID)-funded programme, had been put in place.

The Minister of Trade and Investment, Olusegun Aganga, who inaugurated the taskforce in Abuja yester-

day, said the review would cover investment policy; investment promotion and facilitation; trade policy; competition policy; and corporate governance. He said Africa was being regarded as the last investment frontier globally, adding that Nigeria remains a key player in terms of investment opportunities. “For the first time, we have Nigeria in a different area where you can describe as the high growth and high

Chairman, Nigerian Association of Chambers of commerce, Industry, Mines and Agriculture (NACCIMA) Economic/Statistics Committee, Adams Idufueko (right); Director-General, Standard Organisation of Nigeria, Dr. Joseph Odumodu; and National President, NACCIMA, Dr Herbert Ajayi, at the stakeholders forum on SONCAP guidelines, in Lagos, last week.

CBN okays new forex policy on importation By Chijioke Nelson HE Central Bank of Nigeria (CBN) has kicked-off the self-service process in the automation of foreign exchange forms, now known as Electronic Form M (e-Form M) on the trade monitoring system. It also approved a fee to be paid by importers and traders for accessing the e-Form M on the single window for trade. The e-Form M automation, which was scripted to aid the apex bank’s cash-less initiative and remove bottlenecks involved in making foreign exchange transactions, especially by importers, would now be initiated by individuals concerned. In a statement signed by the Director of Trade and Exchange Department, W.D. Gotring, the apex bank noted that following the successful deployment of the forex form on the Nigerian Single Window for Trade portal, it became necessary to commence the self-submission of the form by importers and traders. “The e-Form M is web-based and allows the

importers/traders to initiate the form from their offices/homes and submit same to the authorised dealer bank. All Nigerian importers are advised to begin self-submission of the form on the trade portal in line with the design and objective of the system,” it said. The forex form automation, which started last year with a pilot run on seven banks, meant that the process would be initiated electronically on the single window system trade portal, rather than the use of paper forms. Specifically, the selected banks for the pilot run are Diamond Bank, Zenith Bank, Unity Bank, Wema Bank, Guaranty Trust Bank, Standard Chartered Bank and First Bank of Nigeria. Also, CBN stated that the introduction of fee to be charged for accessing the eForm M, would involve: • A charge of N1,500 as fee per declaration will be applied with effect from December 6, 2012 and henceforth; • recovery of the cost of eForm M used by processing banks since December 6, 2012,

when the e-Form M was deployed. The cost recovery is pursuant to all e-Forms M utilized when the pre-paid hard copy forms ceased to be used; and • direct debit of the processing bank’s current account for each declaration, which

should be recovered from the customer by the bank. According to Gotring, the charge on the customer for the e-Form M should be separated from other bank charges, urging banks to inform their customers of the development for compliance.

Oil prices rise on Cyprus’ debt deal EST Texas Intermediate W crude surged to a onemonth high as Cyprus agreed with creditors on a bailout, reducing concern that Europe’s debt crisis will deepen. WTI narrowed its discount to Brent oil to the least since July. Crude oil for May delivery rose 90 cents, or one percent, to $94.61 a barrel on the New York Mercantile Exchange. Futures touched $95.65, the highest level since Feb. 20. The volume of all futures traded was 47 percent above the 100-day average for the time of day. Brent oil for May settlement increased nine cents to $107.75 a barrel. The volume of all futures traded was 4.1 per cent above

the 100-day average. The European benchmark crude’s premium to WTI narrowed to as little as $12.88, the least since July 5. Futures climbed as much as 2.1 per cent after Cyprus accepted the outlines of an aid package from the European Union, European Central Bank and International Monetary Fund. Prices retreated from the day’s highs after a report that a European official said the bank-restructuring plan should be viewed as a template for the rest of the region. The difference between WTI and Brent futures slipped last week as United States refinery demand and North Sea production increased.

return environment, compared to at least 75 per cent of other global economies. “This means that we are in a very unique position to take advantage of this unique opportunity. “However, the only thing that stands between us and taking advantage of this huge opportunity is having a well-coordinated and systematic investment policy,’’ he said. According to him, OECD and DFID were appointed to midwife the review in change order to the trend positively for the country. Aganga said that the OECD and DFIC had a good track record that had been tested based on what they had done in 60 other countries. The minister explained that the review, which would be done at both the national and state levels, would be used as a model, based on the successful implementation of the programme. He said: “For us in Nigeria, it is the first time ever that we will have a well-coordinated investment policy framework, which we have never ever had in the country. “And because of the drive, for the first time, we have a well-coordinated policy between the federal and the state governments. “OECD has done it in more than 60 countries at the national level but this is the first time that they are doing it at the sub-national level

(state level).” According to the minister, Lagos would be used as the hub for the scheme, which would become a model to the rest of the world. Also, the Head, Investment Policy Review for Africa, OECD, Alexandre de Combrugghe, said that the organisation’s decision to partner Nigeria was due to the growing investment interest in the country globally. Combrugghe said the ongoing economic reforms embarked upon by the government had helped to strategically position the country as a major investment destination. He said: “Nigeria has a high economic growth rate. It is the largest market in Africa. Currently, Nigeria is carrying out major economic reforms. “Nigeria is taking a leading role, not only in Africa, but also among emerging economies globally. “There is a high momentum in terms of undertaking investment reforms in Nigeria. “We believe that the policy framework that has been developed by OECD can really serve as a tool for fast-tracking the reform agenda for using trade and investment as a tool for economic growth as is the case in Nigeria,” Combrugghe said.

THE GUARDIAN, Tuesday, March 26, 2013

20 BUSINESS

President, Enugu Chamber of Commerce, Industry, Mines and Agriculture (ECCIMA), Dr. Theo Okonkwo, (left); and Enugu State Commissioner for Commerce, Dr. Jude Akubuilo, at the closing ceremony of 24th Enugu International Trade Fair, yesterday, in Enugu.

Academy gets N6b subvention from NIMASA By David Ogah

he Nigerian Maritime T Administration and Safety Agency (NIMASA) may have disbursed about N5 billion to the National Maritime Academy (MAN) in the last three years, as part of its statutory obligation to the institution.

The agency’s 2003 enabling Act compelled it to fund the academy with five per cent of its yearly earnings. Recent investigations revealed that between 2003 and last year, the institution received from the apex maritime regula-

tory agency an average of N1.5 billion yearly, beside the special intervention grant of N1 billion it received from the agency last year. The agency also paid N578 million to the academy in the last few years as outstanding backlog of funds for the period of between 2008 and 2009. The Director-General of the agency, Patrick Akpobolokemi Ziakede said in Lagos recently that his agency intended to release N2 billion as special intervention grant to the institution this year in addition to the statutory funding from the five per cent of “our revenue that goes to the institution.” Akpobolokemi who received the president of the world Maritime University at his Apapa office recently said that there was need for special intervention fund for the institution, because the statutory funding from the agency’s five per cent might not be adequate to finance its capital projects “The MAN Oron needed an upgrade in terms of curriculum and facility. We are by law, the major fund-

ing partner of Oron. Five per cent of our revenue goes to the institution. Last year we made an intervention fund of N1 billion and this year we are going to give them N2 billion as special intervention fund, and this aside our statutory funding of MAN Oron He said that NIMASA had a major intention to build capacity within the country’s maritime industry, hence the on-going efforts to establish a maritime university and other maritime institutions in the country. “We want to concentrate on human element, which is very important in any organisation…. the population of Nigeria is growing. With the teaming youths, we want to build many of them and to do so we need to train them. “So we have been sending them to universities outside Nigeria and we are establishing maritime university in Delta State and another one in Badagry. So we will from time to time come to you and we are going to send many of them to you. If we have 10 universities today, it is not too many, so we are going to write you for co-operation in this area,” he said. The president of the world university, Mr. Bjorn Ejerfve had told his audience at NIMASA that Nigeria was the number two of the countries with highest number of students at the university in Sweden, adding that the university was established to provide maritime capacity building among member states of the International Maritime Organisation (IMO).

THE GUARDIAN, Tuesday, March 26, 2013

BUSINESS

THE GUARDIAN, Tuesday, March 26, 2013

Resorts Savings unfolds mortgage plans for Lagos, Adamawa esort Savings and Loans Plc, R has concluded plans to partner with Multi-purpose Infrastructure Development Construction Limited (MIDC Limited) to put up housing projects along the Lagos –Badagry Expressway, Lagos State, with both estates having Deed of Sub-Lease /Global Registered Certificate of Occupancy as title documents. Also, similar mortgage plans are in the offing in Adamawa State. The Head of Treasury and Investment of the bank, Victory Olumuyiwa said that the estate, Teju Foam Royal Garden is being sited along Lagos-Badagry Expressway, Okokomaiko, which is just 10 minutes drive from Alaba International Market, within the neighbourhood of the Lagos State University (LASU),

Adeniran Ogunsanya College of Education, Graduate Medical School and Federal Government College Ijanikin. The location of the estate is carefully thought out, as it stands to benefit from the on going infrastructural development marked for the new Lagos Mega City which includes the proposed 10-lane highway that will provide modern transport for the people living in that environ. The proposed 27-kilometre Lagos Blue-line Rail system, which is expected to transport about 400,000 passengers daily, running from Okokomaiko in Ojo to Marina will be of benefit to residents of the estate when completed. The estate’s infrastructure has good road network, dedicated transformer, walk ways including covered drains,

water supply, electrical poles with power lines for internal power distribution amongst other facilities. The houses in the Teju Foam Royal Gardens meet buyer’s specifications and are very affordable in various categories. The three bedroom fully detached goes for N7, 500, 000, three bedroom semidetached is N6, 500, 000, two bedroom terrace bungalow is N4, 500, 000 while the one bedroom self contain bungalow is N2, 500, 000. Olumuyiwa also shed more light on the Resort Estate Yola, Adamawa State. On the on going Adamawa project of the bank, she said that the bank was set to sell both houses and service plots in the estate located in both Karal and Bajabure areas of the state capital.

THE GUARDIAN, Tuesday, March 26, 2013

THE GuARdiAN, Tuesday, March 26, 2013

BuSiNESS

Govt to privatise distribution and procurement of farm machinery From Joke Falaju, Abuja iquEd at the high level of corruption that has bedeviled the procurement and distribution of agricultural machinery in the country, the federal government has announced plans to privatise the commercialising farm mechanisation in the country. The Minister of Agriculture and Rural development, dr. Akinwumi Adesina who unveiled the plans at the commissioning of some newly completed farm equipment at the National Centre for Agricultural Mechanisation (NCAM) in ilorin, Kwara State, said that government had exited from the procurement and distribution of farm implement for the private sector to take over. Adesina lamented that government had sunk several billions of naira over the past years in the purchase of tractors and other mechanised equipment, but corruption

• Farmers to receive implement via mobile phones • Govt support programme with N3.5billion and lack of maintenance culture had made these efforts unsuccessful. He added: “Government direct procurement and distribution of tractors was riddled with corruption, as old refurbished tractors were sold to government as new tractors. That is why this government ended government procurement and distribution of tractors.” He disclosed that a private sector-driven equipment-hiring scheme had been introduced tailored at improving the access of farmers to affordable mechanised services. Adesina noted that the mechanisation service delivery will be all inclusive, covering land development (trees removal, stump removal and de-stoning) land preparation, tillage operation, harvesting, transportation, con-

struction of rural roads, tractor rehabilitation, threshing, processing, value additionamong others. The agricultural minister said that to ensure that farmers had access to farm mechanisation services in the 2013 season, the federal ministry would establish 60 private sector-driven Agricultural Equipment Hiring Enterprises (AEHE) in priority sites across the country. He noted that the Agricultural Equipment Hiring Enterprises will be equipped with 300 units of tractors and 1590 planting, harvest and post harvest agricultural equipment to provide immediate mechanisation service support to farmers in the areas. The financing of the agricultural equipment hiring centers will be done through

public-private partnerships, as the ministry would provide N3.5 billion towards facilitating financing of these centres, in partnership with the Bank of Agriculture and the private sector, adding that government would pro-

vide 35 per cent of the loans, Bank of Agriculture would provide 35 per cent, while private sector operators will provide 30 per cent as equity contributions. Adesina stated that the Growth Enhancement

Support (GES) would be expanded beyond seeds and fertilisers, to provide mechanisation subsidy to assist Nigerian farmers to access mechanisation services from the Agricultural Equipment Hiring Enterprises.

THE GUARDIAN, Tuesday, March 26, 2013

BUSINESS 31

THE GUARDIAN, Tuesday, March 26, 2013

Why corruption, fiscal indiscipline persist, by CSOs By Chijioke Nelson HE Civil Society Organisations (CSOs) in the country have identified indulgence in self pity; defenseless disposition; threat and intimidation; lack of knowledge of enabling Acts and procedures; dwindling societal values and norms; among others, as the contributing factors to the endemic corruption and fiscal indiscipline in Nigeria. The conclusions were contained in a communiqué issued at the end of the Fiscal Responsibility Session (FRS), organised by the Centre for Social Justice (CSJ), in collaboration with the Open Society Initiative for West Africa, in four geopolitical zones of the country. Leading the discuss at the forum, which attracted over 600 participants from the academia, faith-based organisations and CSOs, among others, the Lead Director, CSJ, Eze Onyekpere, said that the purpose of the FRS was to foster interaction on how public finances were managed in the country. He said that public budgets ought to be used to touch

lives of the people, noting that if fiscal policies had responded positively to the challenges of underdevelopment, the country would have been able to develop its human capital, address infrastructure deficits and generate the required economic growth. “Our individual and collective education would amount to a waste, if we continue to believe that we are helpless and defenseless in the face of mismanagement of the wealth of the nation. “As citizens, we must demonstrate seriousness to engage the system and take positive action to save the country against the rapacious and greedy rulers,” he said. A participant, who pleaded anonymity, said, “genuine criticism of subnational level authorities is usually discountenanced by state governments, with serious threat and intimidation to the personal safety of CSO members, while tagging them disgruntled elements sponsored by opposition to embarrass the governors. Ibrahim Ismaila of Hope

Rising for the Less Privileged and Vulnerable Foundation, Nasarawa State, was concerned about the specific organisations charged with responsibilities to oversee the Fiscal Responsibility Acts in each state of the federation. For him, the presence of such organisation would strengthen the advocacy work on fiscal responsibility, public procurement and budget monitoring, adding that information needed to be passed down to the grassroots. Laura Utume of the Development Support Initiative, Makurdi, expressed concern also on lack of adequate information on the “sunshine laws”, which still remain relatively unknown at the community level. She called for continuous awareness creation and enlightenment campaigns to sensitise the grassroots on any enabling laws. Another participant, Onah Adeyi, from the Albino Foundation, said that high societal demands and expectations placed on those in authority put undue pressure on them to

accumulate wealth, even through illegal means, which at times meant inserting distorted figures in the budget and appropriating funds meant for projects. A participant from the Women’s Rights and Health Initiative, Kenneth Kengkeng, said that the church had compromised a lot in the fight against corruption and fiscal indiscipline and other societal ills, blaming it on many of them who put emphasis on prosperity and hobnob with corrupt elites. Henry Enenche of Society for Life and Human Development Initiative, Otukpo, accused the CSOs as part of the problem, adding that they were not doing enough, while compromising in their quest to secure donor support. A participant, Cliff Oryina of Elohim Development Foundation, differed by saying that perhaps, most of the information shared at the forum did not get to the right people, especially government functionaries, despite the assessed lack of political will to do the right thing.

WAUTI plans forum on tax harminisation in Africa HE yearly tax conference of the West Africa Union T of Tax Institutes (WAUTI) holding in Lagos, on March 27 and 28 will focus on harmonisation of tax practice in the ECOWAS sub-region. In a statement by the institute, the Publicity Secretary, Chukwuemeka Eze, said that the President of ECOWAS, Ambassador Desire Ouedraogo, would declare the conference open. Also expected to attend is Lagos State Governor, Babatunde Raji Fashola and other stakeholders from the private and public sector in West Africa.

The statement noted that confirmation of attendance had also been received from delegates from Ghana, Liberia, Cote d’lvoire, Senegal, Burkina Faso, Mali, Niger, Togo, and Benin. The conference theme is the “Role of Taxation in Good Governance”, with sub themes, Harmonisation of Tax Systems in the ECOWAS Region, Prospects and Challenges and Voluntary Tax Compliance: A Key to Sustainable Good Governance. The lead paper of the conference will be delivered by the President of the

Confederation Fiscale Europeenne- a body of tax advisers in Europe, Jiri Nekovar. Other speakers at the conference include the Director of Customs of the Economic Community of West Africa States (ECOWAS), Salifou Tiemtore and a foremost tax practitioner in Dakar, Senegal, Aziz Dieye, of

Cabinet Aziz Diey. According to the organisers, participation at the conference is open to tax professionals, accountants, policy makers, academicians, government officials and members of the public, while a course fee of N45, 000 ($300) is payable per participant as conference fees.

THE GUARDIAN, Tuesday, March 26, 2013

Business 33

THE GUARDIAN, Tuesday, March 26, 2013

SON reads riot act to importers, reviews SONCAP guidelines By Femi Adekoya HE Director-General of the Standards Organisations of Nigeria, SON, Dr. Joseph Odumodu at the weekend declared zero tolerance on sub-standard goods in Nigeria, warning importers that the country will no longer be a dumping ground for sub-standard products. To address this trend, the

agency has introduced new guidelines to strengthen its Conformity Assessment Programme (SONCAP) and checkmate the influx of substandard products into the country. Odumodu, while speaking at a Stakeholders’ Forum on the New SONCAP Guidelines in Lagos, said the agency decided to review SONCAP in response to genuine aspira-

tions of operators and also in line with standard practice in products standardisation all over the world, while creating a healthy environment, as well as wealth and employment opportunities for the people. He also expressed optimism that the new regulation would be more effective, describing SONCAP as a cardinal programme in the effort

to reduce the influx of substandard products into the country, explaining that SON had signed a Memorandum of Understanding with the Independent Accredited Firms (IAFs) to test products that are Nigeria-bound, and seal the containers for conveyance before shipping. He said with the new SONCAP, the new process of monitoring the products that

Firm develops advanced technology to prevent oil spillage By Taiwo Hassan Japanese based manufacturing company, Yokohama Rubber Company Limited, has developed a new marine technology system called ‘GMPHOM 2009’ that will help preserve offshore hose testing to prevent oil spillage in the nation’s upstream sector. According to the company, this latest offshore technology can reduce oil spills by 50 per cent, because of its reliability of testing accurately the state of condition of hoses used in upstream operations. At the presentation of the company’s marine hoses and fenders to the stakeholders in Nigerian oil and gas sector in Lagos, over the weekend, Chief Engineer, Marine products, Industrial products and Technical Department of Yokohama Rubber Company Limited, Shunichi Ono, said that it took the company about three years to come up with the latest advanced technology. According to him, the GMPHOM 2009 technology has the facility to predict when an oil spill is about to occur on hoses laid either under the deep water or topside of water. Ono said that it has the advantages of low risk of simultaneous burst; larger change in volume to reduce pressure quickly; large visibility change in hose body; back up detector; and, minimize decline in burst pressure by design change. He noted that it was the GMPHOM 2009 that replaced the old model- OCIMF 1991, which was formerly being used to test and access hoses. The chief engineer, however, recommended the new test technology to oil and gas companies operating in the country for the safety of their hoses, especially, relating to imminent oil spills. Speaking about the company, he said: “We maintained a consistent policy of developing advanced materials and product technologies to create high quality, addedvalue products designed to fully satisfy the customer. Our success in this endeavour may be measured by the excellent reputation enjoyed by our products in markets worldwide. These products are employed in various fields: the marine industry, civil engineering, transportation including the popular Yokohama tyres, construction, aerospace, sports and leisure,” In his opening remark, President, WAO Global, John Gbassa, said the indigenous company was in strategic alliance with the Japan giant manufacturing company, as it representative of distributing its manufactured products in the country.

Gbassa said that the new advanced technology would go along way in assisting the International Oil Companies (IOCs) and other local companies to determine the durability and reliability of their hoses on/off waters in case of oil spillage. “Today’s event was to inform the oil industry operators

that there is a new technology Yokohama took time to develop in the last three years. And finally, it has come out with a very good variable result. And they came to Nigeria to showcase the new development, which is for safety purposes. “For the hoses, the more safe it is, the best for the industry.

Because when there is a spillage, there is a lot of destruction; environmentally and negative impact to the industry. With this new developments, the durability and the length of years has been greatly improved. So our partners came all the way from Japan to come and showcase this new discovery,” Gbassa

are shipped into Nigeria will take a robust and disciplined form, which entails testing of the products before they are loaded into containers, sealing of the containers, issuance of SONCAP certificate by SON, and re-testing of the products at its arrival in the ports before clearance. Odumodu said: “SONCAP is a flagship programme of SON, a clearing document of the Federal Republic of Nigeria, which is also critical to our campaign of zero tolerance to substandard products. It is in line with the President’s Transformation Agenda to ensure the creation of a friendly environment for investment to thrive, a background for employment generation and wealth creation. This will help to reduce the influx of substandard products into the country and enable Nigerian products to compete favourably both in the domestic and international markets, and assist to boost industriali-

sation. “Standards and quality regulations are very strategic to the development of the national economy and for the safety and well being of the citizenry. It will no longer be business as usual for importers of goods as they will be required to show a copy of the Standard Organisation of Nigeria Conformity Assessment Programme, SONCAP certificates. “We are aware of the manipulation which sometimes happen when you entrust compliance to standards to foreign organisations. We went through rigorous process of accreditation to get the IAFs who have the technical competence to deliver the best for Nigerians, and eventually short-listed four companies as service providers to handle the monitoring of products in which Intertek International Limited, SGS and Cotecna Trade Services are part of the four companies.”

THE GUARDIAN, Tuesday, March 26, 2013

Appointments Enhancing recruitment in public sector through technology By Dele Fanimo HIlE multinational companies and top tier W organisations in the private sector are reaping the fruits of e-recruitment by using technology to drive efficiency, transparency and fair play, the reverse seems to be the case in the public sector. Indeed, reactions are still pouring in over the startling revelations, which emanated from the public hearing held by the Senate Joint Committees on Federal Character and labour and Productivity on alleged recruitment irregularities in Federal Ministries, Departments and Agencies (MDAs). The hearing became necessary following accusations that trailed the recruitment exercise of the Nigerian Immigration Service (NIS), held in January this year. Rosaline Chinyere Uzoma, the then comptroller general of the service was accused of engaging in alleged irregularities during the recruitment exercise. She was alleged to have favoured her kinsmen, as well as highly placed government officials in the process with over 1, 000 slots, while prominent Nigerians including those in the Presidency were also said to have benefitted from the scam. Uzoma was subsequently summoned to the Senate to defend her actions while the recruitment exercise was suspended. Rather than diffuse the tension caused by the issue, Uzoma’s appearance before the Senate seemed to stoke the fire of controversy as the House resolved to hold a public hearing to investigate the accusation. The real drama actually began during the public hearing into the employment procedures in federal parastatals. More than 13 Ministries, Departments and Agencies (MDAs) were fingered in the bribe-for-job scandal. Some of the MDAs mentioned include the Nigeria Immigration Service (NIS), the Nigerian Airspace Management Agency (NAMA), the Ministry of Interior, the Federal Airport Authority of Nigeria (FAAN), the National Examination Council of Nigeria (NECO), the Independent National Electoral Commission (INEC), the Nigeria Security and Civil Defense Corps (NSCDC), the Nigeria Civil Aviation Authority (NCAA), the Joint Admission and Matriculation Board (JAMB) and the Nigeria Meteorological Agency. Others were the Federal Road Safety Corps (FRSC), the Nigeria Customs Service (NCS) and the National Youth Service Corps (NYSC). The first to stir the hornet’s nest during the hearing was the Chairman of the Federal Character Commission (FCC),

Wogu

Professor Oba Abdulrahman. The former university don stated that several government agencies had been involved in illegal recruitment exercises that violated the principles of federal character. The Federal Character Principle, in theory, requires all recruitment exercises in MDAs reflect the ethnic diversity of Nigeria and ensure equitable distribution of jobs at the Federal level. While listing the offences of the MDAs, Abdulrahman stated that most of them failed to notify the FCC of their intentions to recruit as is mandatory under the laws of the land. The FCC, in the discharge of its duties is required to vet such recruitment processes. Perhaps, the most damning of Abdulrahman’s submission was in his accusing the Ministry of Interior of opening an online recruitment website and directing job seekers to submit CVs without specifying the designations being applied for. This action, he stated, exposed the applicants to fraudsters who often preyed on their desperation. In his defense, the Minister of Interior, Mr. Abba Moro, distanced his ministry from the job scam scandal. He claimed that the ministry had never at any time encouraged applicants to submit their curriculum vitae on any website. He also denied that any member of his ministry had accepted bribes in return for employment in the ministry. While the accusations and counter accusations continue, the reality of the situation is that most of these illegalities and irregularities are rife in the MDAs. Declaring the sitting open, The Senate President, David Mark, stated that the senate had received over 5, 000 petitions, most of them from victims of job scams from several MDAs. The issue assumed another dimension when an official of the Nigerian Security and Civil Defense Corps, NSCDC, appeared on national TV recently and could not con-

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firm the official website of the body after it was alleged that recruitment scam was being perpetuated through the organisation’s website. More recently, the Nigerian Navy also came out to alert the public about a syndicate carrying out unauthorised recruitment on its behalf. The question however remains how can recruitment into MDAs be conducted credibly? How can the tricky issues of ensuring compliance with the Federal Character Principle be put into consideration in view of the realities of the present Nigerian society? Possibly, the answer might lie in the public service sector embracing e-recruitment as a substitute for the present arrangement. Indeed, e-recruitment is becoming increasingly popular in the private sector with most multinational and top tier companies going the erecruitment route. Supporting the e-recruitment initiative, Abba Moro, the minister of interior revealed during the hearing that in a bid to centralise recruitment, the ministry, had requested approval from the Bureau of Public Procurement (BPP) to engage a private partner in e-recruitment. According to Mr. Robert Ikazoboh, managing director, Dragnet Solutions, a company specialised in e-recruitment and computer based testing (CBT) solutions, the way out of the recruitment mess in the public sector is e-recruitment. He said that e-recruitment was the sure way out to guarantee efficiency, transparency and fair play in recruitment in the public sector. “What we are recommending is to move employment in the public sector to a completely new pedestal and that is by bringing in cutting edge technology to tackle the menace of irregularities in the employment process. This is what has worked for blue chip companies in the private sector and it can be adapted to the government sector,” he said. While listing the advantages

of e-recruitment, Ikhazoboh added that the process would eliminate incidences of fraud, mercenaries and other irregularities through the use of biometric technology as well as computer based testing. “You hardly get cases of ghost applicants or mercenaries in

e-recruiting. The applicants will apply online and biometric technology, which uses unique identities of individuals like fingerprints and image capture can be deployed to weed out ghost applicants and mercenaries. The data will be processed electronically and this is certainly better than physically processing thousands of applications as has been the norm,” he stressed. Ikazoboh also added that through the use of computer based testing, e-recruiting would reduce the time and logistics involved in testing the applicants. “Through the use of computer based testing, we can massively reduce the turn-around time that it normally takes to test the candidates. Within hours, the applicants can sit for the tests and get the results and it also eases the logistics of organising tests using pencil and paper method,” he said. According to him, e-recruiting will also help overcome the challenge of complying with the Federal Character Principle through the auto-

mated system. “Instead of government officials going through thousands or even millions of applications trying to sort out the states of origins of the applicants, the automated system will arrange the applicants in various states of origins within minutes. This way we can respect the principle of Federal Character and at the same time ensure the credibility and efficiency of the system,” he said. Ikazoboh, whose company Dragnet Solutions, is the official e-recruitment partners to the Chartered Institute of Personnel Management of Nigeria (CIPMN), the Nigerian Employers Consultative Association (NECA) and the National Directorate of Employment (NDE), stressed that the private sector was already benefiting from the successes of e-recruitment. “We have said time and over again that e-recruitment solutions can make the task of mass recruitment not only efficient but quicker, cost effective, credible and fair in the MDAs just like we have in the private sector.

THE GUARDIAN, Tuesday, March 26, 2013

Peoples’Digest

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A State of emergency on unemployment, Part 3 By Aruosa Osemwegie GPHR, SPHR The Way Forward T is usually elegant to be able to say, “I chose to do something.” With respect to tackling unemployment, we need to be able to say this as a country, but do not seem to have that luxury. Fate has thrust upon our shoulders this duty… and we should not fail…we cannot fail. Also, and to those who may want to sit on the fence, I say to you - do not think in your heart that you will escape in the king’s palace any more than all the other people. For if you remain completely silent at this time, relief and deliverance will arise from another place, yet who knows whether you have come to the kingdom (to relevance) for such a time as this? I think it’s time to roll up our sleeves and trousers and get into the trenches, digging up solutions that, though politically incorrect, but are practically relevant. If we make self-serving choices today, it must be that we do not mind mortgaging the future of our children. A few solutions are thus highlighted in this article. The need to pursue industrialization “The Nigerian economy is a primitive one. It is an artisan economy in which the fundamental production tools remain the hoe, axe, and cutlass, and production depends on the energy stored in muscles. Total employment in an artisan economy is usually very small and its ability to absorb highly educated people has traditionally been low. But as an artisan economy is transformed into an industrialized one, the production base expands and the manpower absorptive rate increases as well as total employment. In general, pre-industrial societies experience mass unemployment and low productivity, but industrialization solves these problems. Britain experienced mass unemployment and low productivity for centuries, but these problems apparently vanished as from late eighteenth century when she achieved the first modern Industrial Revolution (Trevelyan, 1948). This means that rapid industrialization must be stimulated to solve the problem of mass unemployment and low productivity problems confronting Nigeria and other African nations. Any strategy that is not geared towards promoting industrialization cannot be a fundamental effort toward solving unemployment problems.” (Prof. F. E. Ogbimi) Industrialization explained “Industrialization is the process in which a society or country (or world) transforms itself from a primarily agricultural society into one based on the manufacturing of goods and services. Individual manual labor is often replaced by mechanized mass production and craftsmen are replaced by assembly lines. Characteristics of industrialization include the use of technological innovation to solve problems as opposed to superstition or dependency upon conditions outside human control such as the weather, as well as more efficient division of labor and economic growth.”(Investopedia) Or this explanation: “industrialization is the period of social and economic change that transforms a human group from an agrarian society into an industrial one. It is a part of a wider modernization

Agriculture needs to be well articulated process, where social change and economic development are closely related with technological innovation, particularly with the development of large-scale energy and metallurgy production. It is the extensive organization of an economy for the purpose of manufacturing.” (Wikipedia) Industrialisation of and through Power, Agriculture and Mining The current unemployment rate will literarily be wiped out if we unlock the potentials within the Power, Mining and Agriculture industries. For us to do this, at least three major things must be in place: 1) abundance of raw material inputs; 2) availability of inexpensive labour and 3) political will. Interestingly all three sectors utilize raw materials from Mother Earth of which Nigeria has an abundance. With 170million people, you can be sure that labour isn’t our challenge. The absence of political will has been the bane of industrialization and, by extension, unemployment. The need to power Power At the centre of industrialization . . . at the centre of economic growth . . . at the centre of massive employment is the Power sector. Permit me to put it like this: if the GSM industry has changed how we live then the Power sector will change how we breathe! By this I mean not just the presence of uninterrupted power, but also the optimization of the value chain in such a way as to provide uninterrupted electricity at value cost and maximum economic benefit to Nigerians. We benefit from uninterrupted power in at least two major ways: 1) Cost savings from generator, petrol and diesel non-usage; and 2) socioeconomic impact of the presence of uninterrupted light. Industries, companies, SMEs and homes spend an inordinate amount of their earnings on generator purchase and maintenance and petrol/diesel purchase. Money accruing from these cost savings alone would be sufficient to hire more staff, increase salaries and for research and developmental projects. “Many Nigerians have instead acquired their own generators, creating the world’s highest concentration of small-scale power supply. In fact two-thirds of all electricity in the country is currently produced in basements or backyards, at a yearly cost of US$13bn.” (BMI) “Generation of electricity from individual diesel and petrol generators is estimated at 6,000 MW, approximately twice the capacity of grid-connected generators. It is estimated that individual generators

Source: www.presstv.ir. cost NGN 50 – 70/kWh; compared to the regulated price of NGN 8.5/kWh price for gridsupplied power. Nigerians spend between 5 and 10 times as much on self-generated light and power as they do on grid-supplied electricity.” (CPCS) But the socioeconomic impact of having uninterrupted electricity is the mother lode. It would lead to a spin-off of Power businesses, more employment, lowering of business start-up costs and a general reduction of business costs as we wouldn’t need to buy generators/diesel/petrol. Already the behemothPower Holding Company of Nigeria (PHCN) has given birth to autonomous companies comprising of the following: a Transmission Company (TCN), seven Generation Companies (GENCOs) and eleven Distribution Companies (DISCOs), with all of these, save the transmission company, being up for sale. The FGN is selling majority equity stake in the 11 Discos, a 100 percent stake in three thermal Gencos (Afam, Sapele and Ughelli), a 51 percent stake in the Geregu power plant, and concessioning of two hydroelectric Gencos (Kainji and Shiroro). The regulator within the power sector is the Nigerian Electricity Regulatory Commission (NERC) just like we have Nigerian Communications Commission (NCC) for the telecoms sector. The Nigeria Electricity Liability Management Company (NELMCO) would be a special purpose entity to manage the noncore assets and liabilities of the defunct NEPA (later PHCN) with the aim of transferring only useful assets to the successor companies and having them begin operations as privatized entities free of undue liabilities. The privatized entities (GENCOs and DISCOs), Transmission company and regulator, NERC, will also be served by an army of suppliers, service providers, contractors, IT service providers, real estate and travel agents. Others are branding and advertisement companies, consultants in civil and engineering works, outsourcing agents, tax compliance and audit organisations, recharge card production and sales services, automobile sales and maintenance, training , cleaning and pest control services, banking and treasury services, and a host of others. From all these would be natural entrepreneurial opportunities for groups and individuals and a horde of employment opportunities as well. If you ask me, we should declare a day of fasting and prayer for the Power sector. Agriculturization - commercial production and maximization of the agriculture value

chain The prayer booth should then move to the agriculture sector. “Agriculture is a historically important industry in Nigeria. Currently, agriculture is the single largest contributor to both total and non-energy GDP. However this figure has declined in relative importance in recent decades as the oil sector has played an increasingly important role. Upon independence in 1960, agriculture accounted for well over half of Nigeria’s GDP, and, according to the Central Bank in 2009, the sector accounted for nearly 40% of nonenergy GDP. The climate favours the cultivation of various economic and subsistence crops such as groundnut, cotton, rubber, cocoa, wheat, millet, maize, oil palm, tea, cassava, yam and fruits. Livestock include cattle, sheep, goats, poultry and fish. The traditional export crops are oil palm, cocoa, rubber, groundnut and cotton.” (CPCS) Three conditions make the agriculture sector a veritable means of employment and economic growth: we have a large expanse of arable land; clement weather conditions and a huge local and international population to consume the produce. “Following the recent release by the National Population Commission that Nigeria has over 167 million people to feed daily, with an expansive landmass covering 923.771 square kilometres, an estimated arable land mass of about 68 million hectares, abundance of natural forest and rangeland covering 37 million hectares, Nigeria is expected to be the food basket of sub-Saharan Africa. In addition, Nigeria is blessed with an agriculture friendly climate, coastal and marine resources of over 960 kilometres of shoreline, expansive rivers and lakes covering 120,000 square kilometres and a large consumer market. However, despite her rich natural resource endowment, there has been a gradual decline in the contribution of the agriculture sector to the nation’s economy.” (Malachy Agbo, Thisdaylive). But the Federal Ministry of Agriculture and Rural Development (FMARD), led by Dr. Akinwumi Adesina has set out audacious plans, christened the Agricultural Transformation Agenda (ATA), which could help us FINALLY unlock the potentials of this sector. Now this goes beyond the traditional call that graduates should go back to farming - that would only ensure that those graduates don’t starve and nothing more. Take a look at some of the aspirations of the Ministry: CONTINUED ON PAGE 37

THE GUARDIAN, Tuesday, March 26, 2013

PEOPLES DIGEST 37

Human capital development Vs economic growth By Martins Chima Introduction What is development? ENERALLY, a country’s rate of development is limited by shortage of productive factors. One scarce factor associated with underdevelopment, which is often singled out, is capital. There is an assumption that growth hinges on capital accumulation and that additional capital will either promote or facilitate a more rapid rate of economic development. It will however be an oversimplification to regard economic development as a matter of capital accumulation alone. In the 1950s and 1960s, many third world nations did realize their economic growth targets but the levels of living of the masses of people remained for the most part unchanged, - a signal that something was amiss with just defining development in terms of the capacity of a national economy to generate and sustain an annual increase in its Gross National Product (GNP) at the rate of between 5 to 7 percent or more. Real development Duley Seers (1969) in Todarro (2000) posed the basic questions about the meaning of development, when he succinctly asserted “The questions to ask about a country’s development are…: what has been happening to poverty? What has been happening to unemployment? What has been happening to inequality?” If all three of these have declined from high levels, then beyond doubt, this has been a period of development for the country concerned. If one or two of these central problems have been growing worse, especially if all three have, it would be strange to call the result “development” even if per capita income doubled. Three factors Yet it goes without doubt that the great attention given to the ways to accelerate the growth rate of national incomes is not unfounded. All people have certain basic needs without which life would be impossible. These life-sustaining basic human needs include; food, shelter, health and protection. Three core values have been identified as representing common goals sought by all individuals and societies, and serve as a conceptual basis and practical guideline for understanding the inner meaning of development. They are, as enunciated by Goulet (1971) in Todarro (2000), Sustenance, self-esteem and freedom. Sustenance indicates the ability to

meet basic needs (food, shelter, health and protection). It follows therefore, that essential to the definition of development is this aspect, which incorporates the means of satisfying man’s basic needs. Economic growth by way of definition is the steady process by which the productive capacity of the economy is increased over time to bring about rising levels of national output and income. Three factors or components of economic growth are of prime importance in any society: firstly, capital accumulation, including all near investments in land, physical equipment and human resources; secondly, growth in population and hence eventual growth in the labour-force; and thirdly, technological progress (Todarro, 2000). Human capital accumulation Capital accumulation results when some proportion of present income is saved and invested in order to augment future output and income. Investing in human capital is one way of accumulating inputs. The acquisition of knowledge and skills is an investment in the sense that people forego consumption of it in order to increase future income. Because workers have invested in themselves to different extents through education, one hour of labour input does not yield the same output across all workers. Education increases future labour productivity and future income and can thus be seen as an investment in human capital, which then is embodied in the human being. This idea can already be found in Adam Smith (1776); “A man educated at the expense of much labour and time to any of those employments which require extraordinary dexterity and skills, may be compared to an expensive machine. The work which he learns to perform, it must be expected, over and above the usual wages of common labour, will replace to him the whole expense of education, with at lease the ordinary profits of an equally valuable capital. Also, Alfred Marshall (1890) stated that “the most valuable of all capital is that invested in human beings.” (Ludger, 2000) Impact of human capital investment It has been confirmed that no country has achieved sustained economic development without substantial investment in human capital. Several studies have evolved to analyse the channels through which human capital can affect growth (Surveys include Barro and

A state of emergency on unemployment, Part 3 CONTINUED FROM PAGE 36 Over 3.5 Million jobs within 5 value chains, like rice, cassava, sorghum, cocoa and cotton, with many more jobs to come. Over 300 Billion Naira (US$2 Billion) in additional income in the hands of Nigerian farmers. Over 350 Billion Naira (US$2.2 Billion) injected into the economy from rice self sufficiency. Over 60 Billion Naira (US$380 Million) injected into the economy from substituting 20% of bread wheat flour with cassava flour Strong agricultural value chains create livelihoods, increase incomes, and promote economic growth. To help the Ministry achieve these goals, one of the pillars of the ATA is the focus on developing agricultural value chains (AVCs). Specifically, agric value chains are being pursued in Dairy, Rice, Sorghum, Cassava, Cotton, Cocoa, Fisheries, Oil Palm, Maize and Poultry.“The idea of “value chains”, introduced and popularized by Michael Porter (1985) has received increasing attention in agricultural sectors in recent years in response to a number of economic factors and consumer trends affecting agri-food enterprises.” (Michael Devanney). AVC is a methodology that treats the whole

agriculture process as a system, focusing on harnessing all the linkages for the benefit of each component and the overall benefit of the whole – the sum being more than the parts. Its six components are Input Producers, Farmers, Agro-Dealers, AgroProcessors, Industrial Manufacturers and Trade & Exports. Hitherto, each of these components was treated and managed separately. In essence, through its various programs within the ATA, the Min. of Agriculture hopes to stimulate economic development and a huge employment drive by creating an enabling environment for foreign and local agriculture input producers, farmers, agro-dealers, agro-processors, industrial manufacturers and trade & exports in dairy, rice, sorghum, cassava, cotton, cocoa, fisheries, oil palm, maize and poultry. Miningrisation - unlocking the economic value of the natural resources in various states The story is the same with the Mining industry. It holds huge opportunities for job-ful economic growth if only our leaders would have the nerve to allow our collective needs to supersede selfish interests. May they be able to say like Brutus that “Not that I loved Caesar less, but that I loved Rome more.” (Shakespeare)

Human capital development is a must Salai-Martin, 1995; and Temple, 1999). Much of this literature had emphasized the complementary relationship between human and physical capital, noting how imbalances in these two stocks, as well as human capital externalities, can affect growth in the economy. The scientists and technicians appear to have a comparative advantage in understanding and adopting new or existing ideas into production. Human capital development (HCD) defined Human capital development is an end, or objective of development. It is a way to fulfil the potential of people by enlarging their capabilities and this necessarily implies empowerment of people, enabling them to participate actively in their own development. Human capital development is also a means since it enhances the skills, knowledge productivity and inventiveness of people through a process of human capital formation broadly conceived. Thus, human capital development is a people centered strategy and not goods centred or production centered strategy of development. What really matters is the empowerment of people to identify their own priorities and to implement programmes and projects of direct benefit to them. This in turn implies the active participation of people in the development process and the consequent need to construct institutions that permit and indeed encourage that participation (Ogujiuba and Adeniyi, 2003). Relationship of HCD to education However, human capital development can be seen as the accumulation of past investment in education. Education is an economic good because it is not easily obtainable and thus needs to be apportioned. Economists regard education as both consumer and capital goods because it offers utility to a consumer and also serves as an input into the production of other goods and services. Source: http://martinslibrary.blogspot.com Martins Chima is a blogger who contributes to Martins Information Library and Online Business. The Library is a FREE online resource for every student in Nigeria & Abroad providing materials for researchers writing Projects, Seminars, I.T Reports, Workshop Papers, Articles, Journals, and Books, on any topic at whatever level.

Source: urbanaccentsprofessionalservices.com

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THE GUARDIAN, Tuesday, March 26, 2013

Appointments

THE GUARDIAN, Tuesday, March 26, 2013

Firm gets safety award, begins training KO Group has O emerged winner of the vehicle product development award for the year 2012/2013. Organised by eMagazine, the award according to the organisers was created in order to recognise those businesses and individuals who have made “an outstanding contribution to their particular field.” A press statement issued by the company explained that Oko Group was selected because of the high quality of its tyre sealant. Chief Executive Officer of AUTOSECURE, distributor for Oko Group in Nigeria, Niyi Idowu explained that Oko created a permanent seal within the tyre. He added that the product was specifically for-

mulated to provide long-term puncture protection for industrial, agriculture, commercial and military vehicles. According to Idowu, Oko could cope with small holes as well as large holes and had multi-puncture sealing capabilities. Information made available to The Guardian indicates, “the motion of the revolving tyre causes the product to coat the inner surface of the tyre providing a main body of sealant protective, ready to seal any puncture. “When the tyre is punctured, air pressure forces Oko puncture free into the hole and the tyre sealant compreses to form a strong permanent airtight seal.

The sealing action is virtually instantaneous.” Manufactured since 1978 in the United Kingdom, the product according to him was constantly being developed. Besides, he also disclosed that the company had commenced discussions with petrol stations nationwide as part of measures to ensure distribution coupled with detailed training of technicians. He said: “We have trained technicians to look out for quality tyre before installation. We get to educate people. The sealant prevent tyre blow out. It increases fuel efficiency. It is a product of several years of research. We are educating people on good tyre maintenance.

Olejeme gets Commonwealth award N recognition of her Ifarecommitment to the welof the Nigeria work-

ers, the Chairman of Nigeria Social Insurance Trust Fund, Dr. Ngozi Olejeme, has been honoured with, the Royal C o m m o n w e a l t h Ambassador Award by the Royal Commonwealth

Society of Nigeria. Olejeme, the only recipient of the award for 2013, was honoured for the role she played in the enactment of the Employee Compensation Act (ECA). This year’s Commonwealth theme is ‘’Opportunity Through Enterprise’’ According to Olejeme

this year’s theme is “a celebration of our achievements, particularly those that may have seemed challenging, daunting or even impossible, which have helped to build strength, resilience and pride in our young people, our communities and our nation.”

THE GUARDIAN, Tuesday, March 26, 2013

Appointments 41

THe GUARDiAN, Tuesday, March 26, 2013

Kuku tasks young professionals on gainful employment From Abosede Musari, Abuja PeCiAL Adviser to the SDelta President on Niger and Chairman of Presidential Amnesty Programme, Kingsley Kuku recently advised young professionals from the Niger Delta to enlighten their people on issues of gainful employment. Kuku gave the charge when the young professionals, under the umbrella of Niger Delta Professionals visited him in his office in Abuja. Kuku who commended them for the laudable initiative of coming together from across the nine states of the region noted that it was important for them to carry out enlightenment programmes among the people to make them realise the benefit of being gainfully employed. He made reference to the period multinational companies were giving employment slots to the people in Warri, Delta State, adding that instead of taking up the employment, the slots were sold. He said: “Slots for scholarships were sold. Slots for employment were sold. Our people then opted for ghost worker status whereby those they

sold the slots to gave them N52, 000 monthly that they spent without having to work. “Now they turn around to say they (the companies) don’t employ our people. Gratis life is predominant among our people. You have to carry out enlightenment in our region,” he said. He also used the opportunity to call on all stakeholders to ensure that the Niger Delta environment is developed in such a way as to provide employment opportunities for the people in the region. While calling on all to support President Goodluck Jonathan, Kuku urged all those that were aggrieved to embrace the path of peace. Speaking earlier, former Deputy Speaker of the House of Representatives, Chibudom Nwuche commended the young professionals for standing as role models for youths in the Niger Delta region. He called on government for increased funding of the amnesty programme. Leader of the visiting group, Moses Siasia, in his remarks said that the young professionals came together to promote the economic development of the Niger Delta region.

The group used the occasion to honour Kuku for exemplary leadership in the region and for the success he had achieved with the amnesty programme especially. An award and plaque were presented to Kuku. “The amnesty programme has given hope where there was no hope. You’ve given us a high

level of confidence,” Sissia said. Nwuche commended the group for honouring Kuku. He, however, implored the youth to ensure that those who receive their honours are only those who deserve them. “You’ll lose credibility if your group honour those who don’t deserve it.”

THE GUARDIAN, Tuesday, March 26, 2013

Appointments 43

THE GUARDIAN, Tuesday, March 26, 2013

Govt raises panel to implement payment of PHCN workers’ benefits

From Emeka Anuforo, Abuja

EPRIEVE may have come R the way of electricity workers in the country, as their many years of struggle with government over their severance package and related benefits would be settled within three weeks, going by indications that emerged from Abuja, last week. The new deal is expected to be sorted out within the next three weeks during which the panel would work with the Office of the Accountant General of the Federation and the Auditor General of the Federation to ensure that all due payments are made within the fastest time possible. The committee followed the agreement signed on December 11, 2012 between labour and government. That agreement outlined, in broad term, the benefits and entitlements to be paid to employees. The workers are expected to be disengaged, as part of the electricity privatisation process while new plant owners are at liberty to reemploy those they desire. The panel, which has membership from the various

labour unions in the sector, already has the support of the workers who pledged not to ‘” fight again” The ceremony was witnessed by, the Minister of Labour and Productivity, Emeka Wogu and the Minister of State for Finance, Yerima Ngama, who all assured that government, had enough funds to quickly sort out the payments. Minister of State Power, Hajia Zainab Kuchi, who inaugurated the committee on behalf of the vice president, stressed that the ceremony was a landmark one and represented a major fulfillment of one of the critical aspects of the power sector reform. Kuchi assured that government had sufficient funds to make full and complete payments in line with its previous commitments with labour. She recalled the December agreement signed with labour and stressed that the pact was hinged on the realisation that one of the critical pre-requisite for an efficient power sector performance was effective and capable workforce that

Trustfund seeks workers’ support on unremitted pension From Collins Olayinka, Abuja NLESS workers who U enrollee in the pension contributory scheme ensure their employers remit deducted retirement funds, they may retire into hardship because they may not have retirement benefits, Trustfund Pensions Plc has said. Speaking at Trust fund Pensions Plc customers’ service day in Abuja, the Acting Managing Director of the Pension Fund Administrator (PFA), Mrs. Helen Da-Souza, said that nine years after the passage of the Pension Reform Act 2004 came into effect, some employers were still reluctant to remit deducted funds to PFA and that this act was threatening the success of the scheme. She said: “Employers deducting contributions and refusing to remit same to the Pension Fund Administrators (PFAs) is still an issue. This is why the National Pension Commission (Pencom) has recruited consultants with a mandate to go round to sensitise employers on the need to remit deducted funds as at when due. I must say that these consultants are doing a great job and we are seeing the results.” Reiterating the urgent need for workers to trace their deducted funds, the Regional Manager, Abuja regional office, Maurice Oga, stated that most enrolled members do not know that it is not enough to contribute, but that it is also their responsibilities to ensure that their employers remit deducted funds, adding, “because, operationally, any enrolled member that does not have his deducted fund remitted to a PFA is not a member.” Oga hinted that employers that deduct without remit were mostly found among

the private sector. He said: “Most employers that are reluctant to remit deducted funds are found among the private sector. This is happening because the workers do not monitor whether the deducted funds are remitted. If workers follow-up on deducted funds, the practice of not remitted deducted funds would reduced to barest minimum.” Da-Souza stressed that customer service day would help in identifying challenges enrollees were confronted with and how those challenges could be solved. While Da-Souza lauded the establishment of contributory pension scheme by state governments, she insisted that every stakeholder must exercise restrain from actions that could be inimical to the success of the scheme. The Trustfund boss added: “We have seen so far that this contributory pension scheme is more efficient than the former system. All the stakeholders must therefore strive to ensure its continue success. I am sure the governors at the state level like the success that have been achieved at the federal level and are desirous of achieving the same high level of success of the scheme at the state level.” Da-Souza also highlighted that all the PFAs were working with Pencom to ensure stability in the system when the transfer window eventually opens. She expressed optimism that that transfer would be opened before the end of the year, which would enable enrollees an opportunity of changing their PFA whenever they desired. She also charged enrollees to ensure they effected necessary changes in their data to prevent creating problems for their beneficiaries in case of sudden death.

could enable the industry performed at optimal efficiency. She said: “ Indeed, our gathering here today signifies and gives proper expression to the commitment of the President, His Excellency, Dr. Goodluck Jonathan to the attainment of the lofty goals set out in the power sector roadmap and the overall realisation of the Transformation Agenda of the present administration.” She commended what she described as great show of patriotism and commitment of all stakeholders who have been in this process, particularly the National Union of Electricity Employees (NUEE) and Senior Staff of Electricity Employees (SSEAC) as well as

the Trade Union Congress (TUC). “It is the courage demonstrated by all of you that has largely helped record a seamless process so far. Indeed, the presence of various stakeholders here at very high level is another outcome of our collective desire to bring this process to an expected conclusion.” On the duties of the committee, she said: “This committee will enable all players have full participation as to how various issues such as determination of procedures for the settlement of all due benefits to all concerned taking into cognizance all existing law in Nigeria. It is expected that this committee will have the liberty to verify all exist-

ing data including biometric capture and ensure authenticity of figures. They will also harmonise any issues that may emanate there from or could be related to subject matter.” Members of the committee were drawn from the Ministry of Finance, Ministry of Labour, Bureau for Public Enterprises, Accountant General of the Federation, Auditor General of the Federation, Pension Commission, Power Holding Company of Nigeria, National Union of Electricity Employees, Senior Staff of Electricity and Allied Companies, Nigeria Electricity Liability Management Company and Alexander Forbes Consulting.

The Permanent Secretary in the Minister of Power is to chair the committee. The committee is expected to determine the correct number of staff affected and obtain their bio-data, determine components of staff entitlements including gratuity pension, repatriation, verify the affected staff with biometrics to ensure that they are the authentic beneficiaries, obtain the 10 digit NUBAN account numbers for each of the concerned staff, progress report and status of payments to be presented to the vice president through the Ministry of Power’ and address any other related concern of government and the unions towards amicable conclusion of the matter.

THE GUARDIAN, Tuesday, March 26, 2013

Appointments 45

Ondo multipurpose welfare card scheme debuts

By Adeyemi Adepetun

S part of its developmental agenda, the Ondo State government has introduced a resident card scheme, designed to facilitate the people’s access to various welfare initiatives in the state. With a population of close to four million, according to the last census count by the National Population Commission, the state government said that the resident card project tagged: Kaadi Igbe Ayo, which will be formally unveiled today in the state by the governor, Dr. Olusegun Mimiko, will serve as an inter phase between it and residents. Intimating the public about the initiative in Lagos at the weekend, Coordinator, Kaadi Igbe Ayo Project Team leader, Tunde Yakeda said that the project was a state-wide, dynamic, chip-based multipurpose transaction card that contained and stores among others, basic bio data as well

as socio-economic data of holders and the state welfare package solutions and applications. Yakeda said that Kaadi Igbe Ayo, as fondly called would help government manage the statistics of all basic features of residents and on the basis of this plan, deploy basic welfare and developmental projects that would meet the needs of all segments of the state. With the notion that the card would outlive the present regime, the project coordinator stressed that the initiative was not meant for only the citizens, but all registered residents of the state. Parts of the gap the card is expected to bridge in the state, according to him included facilitating strategic planning and development, facilitating efficient record keeping, facilitating human resources monitoring in the public sector and curb corruption in the public sector.

Other benefits, according to Yakeda were the ability of the scheme to enable higher level of quantitative service delivery in people oriented sub-sectors such as health, educations, transportation and agriculture. The card, which was designed by the state and its technology team, has also been programmed to facilitate the systematic development of databases for efficient security and surveillance purposes, facilitates the categorisation of persons for governance processes such as taxation, employment and financial assistance and to help in the use and management of government facilities such as public transportation and subsidised consumer products. According to him, the project was conceived by the governor about 20 years ago, but came into realisation in 2009. “This is a project was conceived by Governor Mimiko about 20 years ago, saying his

vision was to see the possibility of bringing and managing people through a one stop process that will fast track their interactions with the government without having to spend so much. We actually started in 2009. But I can say that the implementation was done within 11 months. But took about four years because of the due process initiative,” Yakeda stated. He explained that 2009 was for data collection, 2010 was the digitisation of data, 2011 was the year of data verification and application development and 2012 was the deployments of terminals. Yakeda, who put the cost of one of the multipurpose card at N950, informed that about 695,000 residents had been given so far with the process of expansion already on course. He stressed that the scheme was however, not mandatory but necessary in order to bring the people together.

THE GUARDIAN, Tuesday, March 26, 2013

NigeriaCapitalMarket NSE Daily Summary (Equities) as at Monday PRICE LIST OF SYMBOLS TRADED FOR 25/3/2013

THE GUARDIAN, Tuesday, March 26, 2013

78 CAPITAL MARKET

NSE Daily Summary (Equities) as at 25/3/2013

LOSERS

PRICE GAINERS

NSE to unveil supplementary market makers April 2 By Bukky Olajide and Helen Oji HE Nigerian Stock Exchange (NSE) will unveil supplementary market makers on April 2. Briefing the press yesterday, the Executive Director for Market Operations, Ade Bajomo said that the market makers would complement the activities of primary market makers introduced in September, 2012. Besides, he said that on that date the circuit breaker for all quoted stocks on the NSE would move 10 per cent upward. According to him, the aim is to ensure liquidity in the capital market. He said that the minimum

requirement for each supplementary market maker would be N250, 000 and that the exchange had received 20 applications. Bajomo said that the exchange would ensure there is no limit to the number of supplementary market markers, adding that whoever qualifies would be picked. He also said that the NSE will as from April increase the maximum daily price limit to 10 per cent for all equities listed on the Nigerian bourse. At present, about 52 stocks that are in the market making basket record daily price swing of 10 per cent, while others outside the basket record only five per cent.

• Increases equities price limit to 10 Bajomo explained that all equities will record a maximum price movement of 10 per cent either up or down. According to him, the decision to raise the price limit was informed from the feedback received in the six months of the market making programme, which he said would enter the second phase in April. He disclosed that apart from adopting a new price limit, the NSE will also unveil supplementary market makers to complement the efforts of the 10 price market markers appointed last April to commence the programme last September.

The executive director said that the introduction of market marker initiative had increased the market liquidity and the number of retail participations. Bajomo said that the NSE daily average volume transactions had increased from 17 million dollars in 2012 to 25 million dollars by March due to the market making initiative. Circuit breaker is the percentage at which a price of any quoted company can move up or down on daily basis. Before now, only market making stocks were allowed to move up to 10 per cent while others remained at five per cent during transactions.

The NSE introduced market makers in 2012 to settle buy order imbalances from customers through the provision of liquidity. Market makers are rated according to the level of liquidity support they provide. “When the market making programme started, we said the roll out for the first phase would be for six months. That we have completed and we moving to the second phase. By first week of April, we will announce supplementary market makers while the price limit would be increased for all stocks across board,” he said. Explaining further, the Head Products Management, NSE, Dipo Omotoso, said 23 stock-

broking firms applied to be appointed supplementary market makers. According to him, each supplementary market maker is expected to have a net capital of N250 million as against the N500 million requirement for primary market maker. “We received 23 applications and the successful ones would be announced after going through their compliance history and other required checks. Unlike the primary market makers, the supplementary market makers would enjoy 50 per cent NSE fee waiver compared with 100 per cent waiver enjoyed by primary market makers,” he said.

THE GUARDIAN, Tuesday, March 26, 2013

Opinion Legal loophole and state pardon By Luke Onyekakeyah GAINST the backdrop of the contentious state pardon granted the erstwhile governor of Bayelsa State, Diepreye Solomon Alamieyeseigha, it is important to examine the loophole in the law that gave rise to the disgusting pardon. Lawyers know that in law, it is loopholes that are exploited to win cases. Those who crave to break the law do so and later argue based on the loopholes in such laws. Without loopholes, it might be difficult to wriggle out of a legal firewall. Unfortunately, virtually, every law has a loophole. The constitution as a body of law has many loopholes. On the face value, everything appears alright. The ordinary person may not perceive any gap but lawyers know there are always loopholes. Politicians exploit these loopholes on daily basis to their own advantage. So long as there are loopholes, there will always be a leeway for law breakers. Section 175 of the constitution, which deals with prerogative of mercy, gives the president unlimited power to grant state pardon to any person he desires. Under this section, the president could decide to grant state pardon to every prisoner in the country! Only his own moral judgment could stop him from doing that. Section 175 is one of those sections of the constitution that leaves the country at the mercy of the president. When on 23 November, 2009, former President Umaru Yar’Adua left for Saudi Arabia to treat himself, the country was left in limbo relying only on Section 145 of the constitution that required him to transmit letter to the Senate and Speaker of the House of Representatives to enable his Vice act in his absence. Section 145 of the constitution says, “Whenever” the President transmits to the President of the Senate and the Speaker of the House of Representatives…” The clumsy and ambiguous term “whenever”, turned out to have no limit as adjudged by the Chief Judge of the Federal High Court, Abuja, Judge Daniel Abutu, who stated that President Yar’Adua was not under any obligation to transmit letter to the National Assembly to enable the Vice President, Dr. Goodluck Jonathan act as president while the president is away on medical vacation. Thus, the loophole in that law became obvious. Has it been amended? We are in the same quagmire as far as Section 175 of the constitution is concerned. Because of the yawning loophole, the president could ex-

ploit it to grant state pardon to whosoever he wishes irrespective of the offence committed. Here is Section 175 of the constitution to show the absurdity in its provision. Section 175 (1) states that The President may – (a) grant any person concerned with or convicted of any offence created by an Act of the National Assembly a pardon, either free or subject to lawful conditions; (b) grant to any person a respite, either for an indefinite or for a specified period, of the execution of any punishment imposed on that person for such an offence; (c) substitute a less severe form of punishment for any punishment imposed on that person for such an offence; or (d) remit the whole or any part of any punishment imposed on that person for such an offence or of any penalty or forfeiture otherwise due to the State on account of such an offence. (2) The powers of the President under subsection (1) of this section shall be exercised by him after consultation with the Council of State. (3) The President, acting in accordance with the advice of the Council of State, may exercise his powers under subsection (1) of this section in relation to persons concerned with offences against the army, naval or air-force law or convicted or sentenced by a court-martial. It is obvious from the foregoing that the constitution did not say who should be granted state pardon or who should not. It simply gives the president unlimited powers to pardon anybody at his own discretion. The constitution did not take the pain to differentiate between offences that could be granted state pardon. It simply gives a blanket authorization to the president to grant pardon to “any person” without discrimination or restriction. It did not also distinguish between political offences and economic offences. The gravity of the offence is also irrelevant. This is where the problem lies. It is also what the National Assembly should address by way of amendment; otherwise, any criminal could be granted state pardon once he or she is well connected with those in authority. For instance, section 175 (1) (a) & (b) began with the following phrase – “The president may grant any person…” Going by this provision, there is no Nigerian who is excluded from getting state pardon. Also, there no type of offence that cannot be pardoned? Every Nigerian is qualified to receive state pardon once the president, at any point in time, decides to exercise his prerogative of mercy.

It is doubtful if the president weighed the backlash of his action before announcing the pardon. The mood and circumstances of the time do not favour the pardon. The president certainly miscalculated on the repercussions of his action. Elsewhere, presidents grant such pardon when they are about leaving office not at the middle of their tenure or when they have desire to re-contest election. Also, no crime is excluded from being pardoned. All that is required for this section to be operative is for the president to decide to grant pardon to any person of his choice under whatever circumstance. He is justified under this provision to grant such pardon even to the most dangerous political and economic saboteur put together. The Alamieyeseigha pardon is an indication of what is going to happen from now. More controversial persons are going to be pardoned under this provision except it is amended. The law is a trap. But even at that, some animals manage to manoeuvre their way and escape. This is where the law in this case fails to catch the thief but instead provides a way of escape. It is this lacuna in the law that President Goodluck Jonathan has exploited to grant Alamieyeseigha and others pardon, which has expectedly generated wide opprobrium from home and abroad. It is not uncommon that such unguarded pardon should elicit mixed reactions depending on the circumstances of the time, the person pardoned and the nature of the crime. Regarding Jonathan’s state pardon to Alamieyeseigha, it is the morality of the action vis-à-vis the nature of the offence that is being questioned not its legality. Besides, the circumstances of the time do not favour granting such pardon. The pardon is illtimed. It is doubtful if the president weighed the backlash of his action before announcing the pardon. The mood and circumstances of the time do not favour the pardon. The president certainly miscalculated on the repercussions of his action. Elsewhere, presidents grant such pardon when they are about leaving office not at the middle of their tenure or when they have desire to re-contest election. Nigeria is rated as one of the most corrupt countries in the world, choking under the heavy weight of unbridled corruption, manifesting in the flagrant looting of the public treasury by those in positions of authority.

And here is former governor Alamieyeseigha, who became notorious for looting his state’s treasury, apprehended, tried and convicted. The Federal Government, under President Jonathan says it is waging war against corruption, meaning that those involved in any way in corruption have no breathing space in this administration. The pardon granted Alamieyeseigha and Mohammed Bulama, who wreaked the Bank of the North make nonsense of the war on corruption. Granting state pardon to acclaimed corrupt persons amid a raging anti-corruption war is ridiculous. It is a clear statement that the government is playing to the gallery and not fighting corruption. It betrays whatever action the government might be taken overtly or covertly in the corruption fight. What is the need chasing thieves when those already captured are being released? It is demoralizing. The action of the president is totally in bad taste, which explains why Nigerians and some foreign countries are alarmed. Perhaps, the only logical reason to support the president’s action is that Alamieyeseigha is his former boss. Dr. Goodluck Jonathan was deputy governor under Alamieyeseigha before he became vice president and then president. The president might have thought that this is his only chance to redeem his former boss. My people say if your brother is in heaven you cannot go to hell. Jonathan cannot be in heaven while Alamieyeseigha is in hell. If that is the overriding force, then it smacks of nepotism and favouritism. Jonathan’s action may leave a precedent that once you’re president, you could grant pardon to your kinsmen and friends that have issues with the state. It should be pointed out that the others granted pardon with Alamieyeseigha were mainly political offenders, whose circumstances have been overtaken by events. Their case is different from the Alamieyeseigha and Bulama case, which is still an issue rocking Nigeria. The only way out of this problem is for the National Assembly to amend the constitution and clearly specify which category of offences could be granted state pardon under the constitution.

Law is no respecter of persons By Anthony Akinola T could not have happened in Nigeria! I mean a former minIcoalition ister and prominent member of a political party in a current government could not have been sent to jail for merely lying. But it did happen in Great Britain. Mr. Chris Huhne, a former Energy and Climate Change Secretary and his estranged wife, Vicky Pryce, were each sentenced to eight months imprisonment for “perverting the course of justice”! The facts of the case would have made a Nigerian, accustomed to the culture of impunity in the land, wonder why the British justice system was making such a “fuss” about a rather “inconsequential” offence! For it was for lying about a traffic offence – something we encounter with monotonous regularity in our

At some point you, Chris Huhne, began an affair. In November 2010, motivated by an implacable desire for revenge and with little consideration for the position of your wider family you, Vicky Pryce, decided to set out on the dual objective of ruining Chris Huhne while protecting your own position. Once charged, you, Vicky Pryce, pursued your false defence of marital coercion. Finally, you have both been brought to justice for your joint offence. Any element of tragedy is your own fault

land – that glittering careers have come crashing down. However, the law is the law in Great Britain. The offence committed by Chris Huhne and Vicky Pryce may have been 10 years ago but the full weight of the law still caught up with them. Their speeding offence would merely have resulted in a points deduction and a driving ban for six months. The reason they are now inmates is because they lied and denied their offence and swapped liability in order to protect their careers. This extract from Mr. Justice Sweeney’s judgment sums up the story: “Vicky Pryce and Chris Huhne in the spring of 2003 you had been married for nearly 20 years. You had between you five children. You each had a stellar career. But you also had a problem. For the fourth time in just over a year you, Chris Huhne, had been caught speeding. You were, at that time, involved in a contest to gain the Liberal Democrat nomination for the Eastleigh constituency and I have no doubt that both of you were concerned that the loss of your licence might damage your image. You were both concerned as to the inconvenience to you, Vicky Pryce, in particular, of taking on all the driving duties. Thus it was that acting together out of the combination of a shared ambition as to the further success of Chris Huhne’s political career and the desire not to suffer inconvenience, you decided not to tell the truth but instead to pervert the course of justice. No doubt you thought you would get away with it for some eight years. At some point you, Chris Huhne, began an affair. In November 2010, motivated by an implacable desire for revenge and with little consideration for the position of your wider family you, Vicky Pryce, decided to set out on the dual objective of ruining Chris Huhne while protecting your own position. Once

charged, you, Vicky Pryce, pursued your false defence of marital coercion. Finally, you have both been brought to justice for your joint offence. Any element of tragedy is your own fault …” Call it the price of vengeance, there should be a limit to which a former partner would want to avenge the breakdown of a relationship, oblivious to the feelings of children. Many can be selfish when they are angry and Vicky Pryce is one example of a woman who sought vengeance without consideration for her own children. Had she pondered what she had set out to do, she would have known its implications – she would not have been a prisoner today for perverting the course of justice. The lesson here cannot be overstated. Another lesson demands a new approach to the upbringing of children. Ours is a nation of pathetic liars. Somewhere else, someone could explain that the reason he or she was absent from work was because they had too much to drink the previous night. The typical Nigerian must conjure up a lie. It could be that their father or mother, who had died 10 or 20 years ago, was admitted to hospital! I know of someone whose family resides in the southern part of our country but would opportunistically blame his plights on the Boko Haram insurgency. We are not helped by our so-called leaders: they lie about their dates of birth, certificate and even agreements they have reached among themselves. Their lies, which we should have collectively challenged and condemned are accommodated or endorsed on grounds of ethnic, religious or partisan solidarity. Lie telling is the norm in our society. The “Big Man” in Nigeria can commit murder in the full glare of the television and still get away with it! • Dr. Akinola wrote from Oxford, the United Kingdom.

THE GUARDIAN, Tuesday, March 26, 2013

Opinion FOIA as a catalyst for good governance (2) By Olusola Akinbode Continued from yesterday HE UNDP has put the impact of corruption on social, economic, political and cultural process succinctly, “It denies the poor their fair share of a nation’s resources by misdirecting resources allocated for relief” (UNDP). This is because corruption has the potential to push essential services out of the reach of the poor, thus limiting their access to basic human rights such as education, health, food and housing. With the FOIA, one is hoping it will limit the range of permissible lies told by public officers who steal the nation’s scarce resources. For example where a proactive disclosure regime is functioning properly and relevant information are automatically disclosed in real time, it will be difficult for public officials to later deny the existence of any particular information or to manipulate information. In fact, the Act creates two offences in this regard, wrongful denial of access to information attracts a N500,000 fine, on conviction, and willful destruction or falsification by any officer of a public institution of any record before releasing it, carries minimum term of one year imprisonment without any option of fine. The role of the press, as agent for good governance has never been in doubt. The newspapers help the people or the public to collect information, which is in the public interest to make known and to tell the public of it. Apart from the usual culture of issuing out threats by those in power, the operation of the press were further gagged through draconian legislations, and the nonpromulgation of Freedom of Information Act despite persistent calls. On several occasions, journalists were manhandled and ordered out of legislative chambers by the nation’s law-

maker. With the signing into law of the FOIA, a major tool for fighting corruption is now available to journalists as they can use the law to expose corruption and wrong doing both in public institutions and in private sector. The media must still do a lot, as the public offices have too long been cases of combined evils of inefficiency and corruption whilst being impediment to implementation of government policies. Although no country can boast in the world that it is free of corruption, however, the situation as I see it is as if we have sick people admitted in the same hospital, with one of them being admitted in an intensive care unit (ICU), the other undergoing surgery in a theater room, while another is suffering from flu. It is obvious to discerning observer of the Nigerian economy and polity that we are heading for the ICU. One strength of the FOIA is that there is no public institution of any type that is exempted from the application of the law; and the right to request information can be exercised by both legal and natural person. Another strong point is that in the exercise of the rights, the Act does not discriminate between citizens of Nigeria and non-citizens or resident and non-residents. It is also a strong point of the law that no one applying for information should demonstrate any interest in the information requested. Furthermore, it has one of the shortest timelines for public institutions to request for information – seven days. The same number of days is also condition for any extension (Section 4). The Act also expressly overrides restriction on information disclosure contained in any other law. Besides the fact that the exemption contained in the Act are consistent with international standard, a requester can also not be

One strength of the FOIA is that there is no public institution of any type that is exempted from the application of the law; and the right to request information can be exercised by both legal and natural person. denied access to information anonymously. The Act requires the names, designation and signature of persons responsible for the refusal, in stating the ground of refusal. The Act protects those who in good faith release information, which discloses wrong-doing from sanction’s etc. It is also a strong point that public institutions or officer is liable to a fine of up to half a million naira if convicted of denying as to the Act. Public institutions are required by the Act to submit annual reports on how they implement the Act, including providing statistics on requests. There are some weaknesses in the FOIA that would make the implementation of the Act difficult. Perhaps the biggest is that there is absence of an independent oversight body or mechanism in the form of an information commissioner or an ombudsman. The oversight role in the Act is given to the AttorneyGeneral of the Federation (AGF) (Section 29(1)). The Act also contains no sanctions for noncompliance with the proactive disclosure requirement, which might not be complied with by some institutions. The role of the independent oversight body is very important as it provides the public and public institutions with low-cost mechanisms for resolving disputes arising from the Act. The reliance by the Act on the public to monitor compliance and go to court if the Act is abridged has its weakness, as an average citizen may not always be able to afford the cost of litigation. The Act is not clear from its provisions if requests may be submitted by any means of commutation, such as post or email. The Act

does not specifically require that requesters should be provided with a receipt or acknowledgement upon submitting an application for information. To give the Act effect so that it does not just remain a paper tiger, the media and NGOs must increase their advocacy effort to raise the consciousness of the public on the content and use of the Act. They must insist that if services have to be made available to people, these services must be qualitative and affordable. The struggle to create an institutional framework that will monitor compliance of public institutions with the provisions of the Act must commence in earnest. Government can also establish an institution to lead the advocacy work on awareness of the Act. It is however, important to note that the present administration has shown little or no political will in the fight against corruption. It is as if the President is just drifting, while missing the opportunity to write his name in gold by tackling corruption headlong. The FOIA would in fact be meaningless without concerted effort to fight corruption in the country; the pardon granted to his corrupt home boy is not the sign that he is ready to fight corruption. We thought institutions could stop our democracy from backsliding or regressing; but the Goodluck Jonathan administration is so pathetically dysfunctional that at the bottom line institutions of government matter little, only individuals do. • Concluded. • Akinbode is Executive Director, Centre for Human Rights and Empowerment, Lagos.

INEC must register APC By Victor Oshisada N Election or Electoral Commission is expected to be a nonA partisan body, which determines election procedures and district boundaries and oversees the conduct of elections. Australia is said to be a country where electoral commission is most successful. Other countries with long-established electoral commissions are India and Colombia. It was in 2001 that Election Commission began work in the United Kingdom. To register a political party is to accord legal recognition to it, having met certain requirements. Failure or refusal to register it tantamounts to denying it its rights, authority and existence. In other words, a political party that is not registered is a non-entity, meaning that it does not exist or exists merely in the imagination of citizens and the members; it has no legal significance. This is as far as this country is concerned. In the aforementioned countries where election/electoral commissions are established, it is possible that party-registrations are not taking place; but in our country, because of political instability whereby parties are formed often-times, there is need for party registration. With the foregoing explanation of “party registration”, an unregistered party is a shadow of itself ab initio. Such is the position in which the All Progressives Congress (APC) finds itself in the hands of the so-called Independent National Electoral Commission (INEC), which is contending that the former shall not be registered. The feud between the INEC and the APC is occasioned by the INEC’s partisan stance. The INEC’s position is that the APC leaders should have registered

In the early 1960s, political intolerance and bitterness as currently exhibited by the ruling Peoples Democratic Party (PDP) to the All Progressive Congress (APC) was demonstrated to the opposition Action Group (AG) by the then ruling Northern Peoples’ Congress (NPC). To spite the AG, and also render it hors de combat, in the impending federal election, Balewa’s federal administration decided that the palm tree symbol of the Action Group had to be dropped for another, because the palm tree was also on the one pound (£1) currency note and one shilling coin.

the name before now. It is advising the merging group to adopt another name, because according to the electoral commission, it had earlier received request for the registration of one African Peoples’ Congress (APC). To be candid, the INEC is brewing trouble for itself and for the country. One fails to understand how and why a political party could ever be formed in secret without the people’s awareness. Which “secret conclave” registered it? African Peoples’ Congress (APC) is a party in silhouette, that is existing only in a shadow. No such party could be formed without its announcement or publication in the print, broadcast and the telecast media. Was it formed by subterranean or celestial beings without communications with Nigerians for whose interests it is meant to serve, except with the INEC? Come off it! INEC’s claim of pre-existing African Peoples’ Congress is a ruse and a subterfuge designed to hoodwink us. Its corollary is to foment chaos in the polity. When the chips are eventually down, the PDP shall have cause to give a dog a bad name in order to hang it. Such antic is not democratic; and it is not the first of its kind in the political history of this country. In the early 1960s, political intolerance and bitterness as currently exhibited by the ruling Peoples Democratic Party (PDP) to the All Progressive Congress (APC) was demonstrated to the opposition Action Group (AG) by the then ruling Northern Peoples’ Congress (NPC). To spite the AG, and also render it hors de combat, in the impending federal election, Balewa’s federal administration decided that the palm tree symbol of the Action Group had to be dropped for another, because the palm tree was also on the one pound (£1) currency note and one shilling coin. Every schoolboy at the time was aware of the palpable injustice and was irked by the decision. For several years, the AG conducted local, regional and federal elections with the palm tree symbol. Why should the decision be taken by the Federal Government, through the then Federal Electoral Commission (FEC), to reject the palm tree symbol of the opposition AG to favour late Akintola’s United Peoples Party? That was back in 1964. Similar politics of bitterness remains in vogue with our politicians in 2013, close to 50 years after. The INEC’s decision to force All Progressives Congress (APC) to change its name is identical with the then FEC’s ill-motivated plan to extirpate the Action Group. The unholy step has its implications. First, the alreadydented image of the electoral body is further damaged. The leaders of the APC, nay all Nigerians feel short-changed by a body that is expected to be independent. Where is its independence or impartiality? Of course, morning shows the day. If the INEC can be so daft to display inchoate support and loyalty to the ruling PDP, it indicates that the party is winning the 2015 elections – a foregone conclusion, that is. But then, why are we wasting our resources in the conduct of the election? The funds are better

utilised on other projects. Why are we deceiving ourselves and the world that we are practising democracy? Indeed, besides being a waste of money and time, the refusal to register the APC is a travesty of democracy and the inauguration of anarchy. Why the jitters by the PDP? If the ruling PDP can be jittery before the 2015 elections, it is indicative that the party has no confidence in itself. The PDP is progressing towards single party under a dictator. Since May 1999, a government party that has nothing to showcase as its achievement must quit or wait for defeat at the next election as a facesaving exercise. The apogee of Jonathan’s achievement is his passion for gallivanting to and fro the USA, Germany and African countries, instead of delegating those assignments to the vice president. He excels as a roving ambassador than as the President of Nigeria. The stupor in which the country is presently experiencing is caused by PDP’s venture into politics. A member of the PDP Board of Trustees and former Minister of Aviation, Chief Tonye Graham-Douglas, hit the nail on the head in an interview with The Guardian, March 14,2013: “A hungry man is an angry man; there is unemployment in the land, and the cost of living is not in consonance with the aspirations of the people. In those days when the young ones completed their education, they wanted to help their parents, but today, the jobs are not there to enable them accomplish that”. My reader would say: “He shot himself in the foot”. That is, however, the reality. What are the ways out? The refusal to register All Progressives Congress is a sign of incipient injustice as a harbinger of crisis and violence. The masses look up to the All Progressives Congress (APC) as their saviour to free them from the claws of the PDP’s misrule. The APC must remain adamant by sticking to the name. It is an initial test of APC’s nerve and maturity. Political maturity is required from the merging members in the APC, which is the appropriate drug for the cure of the country’s ailment. It is suicidal to chicken out by dropping the name. Paraphrasing the PDP’s chairman, Bamangar Tukur himself, the country’s fever needs the administration of APC drugs as relief. The merging group must not lose focus, but to remain constant as a star. Those who are against the mergers are benefitting directly or indirectly from the rot perpetrated by the PDP. How could parents speak ill of PDP if their children are serving in the government? Impossible! Disagreement in the APC is inevitable. As human beings, there must be disagreements. The members must disagree in order to agree; disagreement ought not lead to disintegration of the APC. The PDP may sow the seeds of discord. It is incumbent on the All Progressive Congress to scorch the seeds for democracy and good governance to survive. • Oshisada, a veteran journalist, lives at Ikorodu, Lagos State.

THE GUARDIAN, Tuesday, March 26, 2013

Law

Quote of the week “If you can do a half-assed job of anything, you’re a one-eyed man in a kingdom of the blind.” Kurt Vonnegut judicialeditor@yahoo.co.uk/ 08033151041 Desk Head: Ibe Uwaleke

‘Our system is not ripe for plea-bargaining’ Interview The Economic and Financial Crimes Commission, (EFCC) recently faced litany of criticisms over the introduction of plea-bargaining in its anti-graft war. While some hail the system, others criticize it. One of the critics, the former Chief Justice of Nigeria, (CJN), Dahiru Musdapher, described the system as dubious and illegal. In this interview with ABIODUN FANORO and JOSEPH ONYEKWERE, a renowned female lawyer and a life Bencher, Hairat Balogun, who recently clocked 50 years at the Bar, condemns the system, saying it is not ripe for the Nigerian system. She also spoke on falling standard of law practice, criminal justice delivery among other issues. PEAKING on the standard of law practice, Sparison the present day quest for money in comwith her own days, she said: “It is not that the lawyers will not think about money. But the first thing to think about is to serve your client. Nobody goes to a lawyer unless he has a problem! So you have to understand your client’s problem and preoccupy yourself on how to get him out of the problems. Even if you start off with saying ‘pay for consultation’ like the doctors, it should be minimal. Nowadays, all they think is money. If one wants to sue somebody for N5 million libel, some lawyers will insist on collecting N2 million. That should not be the consideration. The consideration should be how do I ensure that this person that libels you will not do so again, either to you or to somebody else! So young lawyers want to run before they can walk. You can’t do that! A young lawyer, who is just a year at the Bar, wants to drive a Mercedes Benz like his principal in the chambers. They don’t want to go through the pains that that person went through. This also is affecting their quality of work because they take short cut. They don’t spend enough time to prepare for their case so they can finish it promptly and go on to the next one. In fact, standards have fallen. Even in the Law School, standards have fallen. In the Law School, we learnt Ethics and Law Office Management as a subject of itself. In the Law School now, there is no more ethics as a subject. If you ask, you will be told it is incorporated in all the other subjects. But it was a major subject because there; you learnt about your relationship with your client, how you must present your case, how you must have interest in your clients’ case, and understanding his case as his advocate without stepping into his shoes. It also involved relationship between you and your colawyer. You must not lie to your colleague. If possible, you must settle a case before you go to court as the last resort as well as the way you relate with the judge. The judge is the head of the court. You don’t run him down or abuse him. You must have the confidence of the court. These were rules you must live by. It was like the Bible, but it doesn’t happen anymore. Everybody just put on their wig and gown and say anything. Standards have really fallen and people don’t work as hard as they used to.” On Criminal Justice System, she said: “Criminal Law is supposed to be the easiest of all, because every crime is defined. It has its ingredients unlike commercial cases – so many different evidences from here and there. But in criminal cases, someone is charged with murder; murder is the killing of a person premeditated. What you do is to

Hairat

determine whether the person was stabbed, shot, pushed among others. So to determine this case, the defence can say, how can he just murder somebody in cold-blood just like that – what happened? So what really happened on that day? Was there any fight? Was it accidental and so on? That is why I said that criminal is easy because the guidelines are already there. Now, we talk about the judge that is judging the case; each definition has punishment section as well. Punishment is either imprisonment or by fine. Sometime, there is no alternative – it has to be punishment in a way of death sentence. It’s like when we had the Armed Robbery Tribunal, even if the person stole a biro of N10 and was armed with even a penknife; so long as it was violent, if he was found guilty and the governor confirmed it, the person would have to be shot. I don’t know where they imported it from. I think it is from America like all things, the concept of plea-bargaining. I don’t think our system is ripe for plea-bargaining. I am not sure we have a law on it. We are just doing it at random. From what we see, plea-bargain has not helped us in the fight against corruption. We don’t need it for now. We have many examples of cases where we fell flat on our face. Look at the James Obori’s case, for example. That case was a disgrace for everybody; whether you are in government or not! How can our own court say you are not guilty and you go over the border and find him guilty? It’s like all of us are fools.” On the controversial two-year sentence handed down to a man who confessed to have stolen N23 billion, she states: “I have

not read the full fact of that case except snatches that the man was charged under Penal Code. Penal Code is different from the Criminal Procedure Law that we have here in Lagos. It is time for reforms. But it is up to the people who are in charge of that case. They had a choice to charge the accused person under some other law. Justice is not only for the victim; it is also for the accused. So if you are only interested in doing justice to the accused, you are wrong. That is why the judge didn’t look at the other side. You look at the accused; the first justice you do to him is by allowing him to choose his own lawyer. You don’t keep him for too long before you charge him to court. You give him all the facilities of the court – this famous saying; let justice be seen to have been done. If he says he can’t go on, he needs adjournment, you give him. That is where I think that the judge went wrong. What about the victim who suffered as a result of what the man had done? He only did justice to the accused person. He would have looked into it and reasoned; I as a person would have shown it to other persons and look deep into it. In fact, I would have said, I am not giving him an option. You are a judge, you have the right! The law is there but

I don’t think our system is ripe for pleabargaining. I am not sure we have a law on it. We are just doing it at random. From what we see, plea-bargain has not helped us in the fight against corruption. We don’t need it for now

you have the right to do what is just. That is what I mean by justice to both sides. You must also do justice to the victim. Justice is not only for the accused.” On the issue of reforming the laws such as the Penal Code, she explained: “The Law Reform Commission is there. I believe that after this incident, many people had written papers making suggestions for the reform of the law. It is only that it takes time. Things are very slow. Look at how many bills are in the House of Assembly. They are not looking at the important ones that affect the lives of ordinary man daily. That is another problem in our kind of system of government.” On Continuous Legal Education and sensitization for lawyers in the Office of the Attorney General, she responds: “I don’t know what happens in the Office of the Attorney General now. But I think that it also has Continuous Legal Education training, particularly if the lawyers are first posted to a particular section. You know they have so many sections. They have civil litigation, criminal litigation, family law section and so many others. I think they have training. Honestly, when something goes wrong, do not go for training. I rather jump to supervise. I wonder to myself that, may be, people who are taking into the service are too automatic; nobody supervises them well. They think they know and that is what we get. I am not sure this case has any issue with the Attorney General. He is the overall boss of the ministry. Before him, the next most important official is the Solicitor General and the Permanent Secretary. Then, they have two major divisions – Civil and Criminal. They also have lawyers who deal with institution such as the accountant, doctors and lawyers also. The Director of Public Prosecution (DPP) is the overall prosecuting boss. The DPP is the head of the criminal division. There are other assistant directors, chief counsel, chief state counsel, principal state counsel, principal counsel grade level this and that. From what I know, the junior counsel don’t send matters to the court. They send it to their next superior officer. They also send it up and it is the DPP who gives the last opinion and that opinion may go to the Solicitor General; in some cases to the attorney general who has to approve it back to them.” What is the way out of the embarrassing prosecutions? she said: “I think the way out is that the prosecution should really sit down and investigate matters properly before filing them. To me as a member of the public, the first thing I will say when it involves stealing of people’s pension is ‘kill him’. This is because I have seen the sufferings of people who have retired and they can’t get their money and then somebody is alleged to have taken that money and did something else. “I will only say kill the person. That is my punishment for him. No option of fine; find him guilty and shoot him.”

THE GUARDIAN, Tuesday, March 26, 2013

82 LAW

LawPeople Profile By Bertram Nwannekanma R. Taiwo Kupolati falls within a special category of lawyers, who have contributed immensely to public interest litigation, advocacy and law reporting. An accomplished lawyer, Kupolati, who has put over 26 years in active legal practice, is skilled in the art of law reporting. Incidentally, unlike many of his peers, whose interest in the wig and gown profession were stirred by their parents, Kupolati never get any inspiration from his parent because they were uneducated. His inspiration came naturally. He just found himself in love with History and Literature while in secondary school in 1977, two key subjects needed for the legal profession. His love for the profession was further ignited by the diction and presentation of a lawyer, he met at Offa during a secondary school programme. This was how, Kupolati captured the incident: “When I was at Eteilodun Grammar School at Oro, we were taken to Offa, for a programme. At the event, I met a lawyer who incidentally is still alive, his diction and presentation was so fascinating that I fell in love with him and that further ignited my desire to read law’ Kupolati has not only made an indelible mark in the legal practice, through his advocacy skills and love for public interest litigation, his incisive analyses and appropriate dissertation of judgments as captured in the weekly law report, he founded has revolutionalised the practice of law in Nigeria. He was born on September 19, 1962 as male twins to a polygamous family of the Kupolati’s of Iye- Ekiti, Ekiti state. After his primary school in 1973, his mother, a renowned timber tycoon, who was then doing business within Ilorin and environ took him and his siblings to Oyilagbewo Grammar school at Ilara, Kwara state for their secondary education because secondary education was cheaper and easier in the state. After a year, they were transferred to Eteilodun Grammar School at Oro founded in 1960. After his secondary education, Kupolati gained admission to the University of Lagos, where he graduated with a law degree in 1985. He was admitted to the Lagos campus of the Law school and was called to Bar in 1986. Kupolati obtained a Masters degree from the same University in 1992. Upon the completion of his National Youth Service Corps (NYSC) at Ministry of Justice Kano in 1987, he served his pupilage at the law firm of the late renowned Human Right Activist and Senior Advocate of Nigeria, Chief Gani Fawehinmi from July 1987. Kupolati, who had earlier worked in the chamber as an intern was not just engaged for litigation but also as an adjunct to the business of law publication. His first contact with law reporting was in 1985, when he accompanied some of his fellow students to Chief Gani’s chamber and was engaged as proofreader. Kupolati was doing the job from July to September until he resumed at the law school that year. That moment provided him the opportunity to access the judgments of the courts, which he always read

with interest. According to him he was always keen with the use of language by the judges and he loved the experience because every judgment was like a school for him. At Chief Gani’s chamber, Kupolati excelled in the art of law reporting and it was not long that Chief Gani Fawehinmi realised his talents in law reporting, and made him first the Deputy Editor and later Senior Deputy Editor of the Nigeria Weekly Law Reports published by Chief Gani Chambers. No sooner than later, Kupolati’s ability was rewarded in law reporting when he won for the second time the price of outstanding brilliant and excellent reportorial ability instituted by Chief Gani. His love for the art of law reporting was innate that after he left Chief Gani in 1990 and founded Taiwo Kupolati & Co , he conceived the idea that there should be no monopoly in production of weekly law report. Thus in 2000, he co-founded and became the editor in chief, of the Federation Weekly Law reports between 2000-2003, he later founded and became the editor in chief of All Federation Weekly Law reports, where he has published over 5422 cases, He has also prosecuted several cases at all hierarchies of Nigeria courts. Kupolati has written three books namely, the Art and practice of law reporting in 2005, which appears to be the only literary work on law reporting, verses of legal revolution 2006, re-making Nigeria Police-A Kaleidoscopic Inquisition 2007. He also edited current issues in Nigeria Jurisprudence (2007) and published Customary Law in Nigeria by Tonwe and Edu, Matrimonial Causes in Nigeria by Nasiru Tijani and Law of Defamation by Osita Ada. A chartered institute of Arbitrator UK, Kupolati is a member of the Nigeria Bar Association and International Bar Association. He attended IBA conferences from 2009 till 2012 in Spain, Canada, Dubai and Ireland. Kupolati’s first time in court was in I987 while in Chief Gani Fawehinmi chambers. He captured the moment thus: “ When I got employment with Chief Fawehinmi in 1987, it was really a great blessing to me because it gave me profound opportunity to exercise myself. The first case was a chieftaincy case in Odiolowo, Mushin before Justice Olushola Thomas now late. A senior lawyer was on the other side. It was a very challenging moment for me in the court. I was a bit nervous and I was actually expecting that well. It was a day of baptism to be because the opportunity which that moment served me. There was this courage that if you are coming from Chief Gani’s chambers, you must come out totally prepared. So I went to court with that boldness. I took an application for an injunction to court, although the application was not granted but it was an achievement for me that I was able to appear before a judge of a high court and I was able to do my best and it opened the door for me”. Kupolati’s most challenging matter was a public interest matter he handled Pro Bono in 2004. It was a case of a woman whose child was sold by the owner of clinic where she delivered the baby. According to him, a woman had given birth to twins at the hospital,

Kupolati has not only made an indelible mark in the legal practice, through his advocacy skills and love for public interest litigation, his incisive analyses and appropriate dissertation of judgments as captured in the weekly law report he founded has revolutionalised the practice of law in Nigeria

“Strategy is a commodity, execution is an art.” Peter Drucker

Kupolati

Kupolati: A quintessential law reporter one died and while she was taken to a room expecting to see the second twin, she was told that the twin has died and she was in total anguish losing the babies she was not shown where the twin was buried but was just told that the baby has been taken to LUTH for examination. About a month later, Frank Olise in NTA programme News line showed a 65 year old woman celebrating that she gave birth. So the woman realised that this could not be right because she had also seen the old woman at the hospital where she delivered around that time. Obviously the owner of that clinic, a nurse must sold that child to somebody and decided to approach Kupolati’s chamber. They filed a lawsuit in which the Inspector General of Police and the commissioner of police were co-defendants. The case was handled by the current Lagos state Chief Judge, Justice Ayotunde Phillips, who was newly appointed then. It lasted from 1995 till 2002. So many witnesses were called and it enjoyed heavy media coverage including Hon Abike Dabiri. At the end of the case, DNA was conducted excluding his client but it was discovered that the child belonged to another woman not the 65 year old. Eventually the police followed the matter and the child of his client was found 8 years after. That case Kupolati said was a turning point and was happy that the poor woman got her baby back 8 years after.

“ I put in all I had in the matter because of my hatred for oppression and wickedness in all form. “ So I gave everything into it and I was glad that a human being was found at last and joy came back to the family. So it was a very outstanding case which we participated and we gave our all to it and eventually we succeeded”. To improve law reporting in Nigeria, Kupolati was of the view that government at all levels should promote law reporting since it is an art. According to him, there is so much influx in law reporting in Nigeria in the past decade, with so many people coming into it without love for it, without training, without understanding the strategies of law reporting but as a means of making money. Each state should have a law reporting board, where lawyers with competent knowledge of law reporting should be engaged. The law reporting board will have a database of all the decisions of the judges in a state, they will have their respective files

containing all their decisions and it will be reported every week or month. “So rather than spending so much money on so many things, we should document knowledge because knowledge is power. What you don’t know you cannot utilise but what has become part of your knowledge will become a strong armoury for your own good and development and the same is true of every nation. If you have a country like ours, where multitudes of judgments of courts are buried, they are not seen at all, it therefore encourages indolence amongst the ranks and file of the bench”, he said. A practicing Christian of Deeper Life Bible Church extraction, Kupolati is happily married with five children and his twin brother, Kehinde is an accomplished medical director. He is a lover of classical writings and biographies. His role models include, Jesus Christ, Apostle Paul Susanah Wesley, John Wesley, Abraham Lincoln and Pastor W F Kumuyi.

Do you know… Task Force “ …more of the employment of violence or brute force than application of the principles of the rule of law”. Stephen Egbo v. Innocent Nwali & Ors. [1998] 6 NWLR (Pt.553) 195 at 207, [C.A].

LAW 83

THE GUARDIAN, Tuesday, March 26, 2013

LawReport Court martial proceeding shall be a nullity where accused is tried by members below his rank In the Court of Appeal of Nigeria, Lagos Judicial Division, Holden at Lagos, On Friday, February, 22, 2013, Before their Lordships: Ibrahim Mohammed Musa Saulawa, Justice, Court of Appeal; Joseph Shagbaor Ikyegh, Justice, Court of Appeal; Rita Nosakhare Pemu, Justice, Court of Appeal CA/L/736M/2009 Between Lt.-Col. K.S. Iberi (rtd) (appellant/applicant) and Attorney General of The Federation (respondent). Justice Bulkachuwa (Acting PCA)

T is apparent from the records that the appellant was a Lieutenant Colonel at the time of his trial. If by the provisions of Section 133(a) (b), where an officer is to be tried, the President shall be above or of the same or equivalent rank and seniority of the accused (which is the case here), the members shall be of the same but not below the rank and seniority of the accused. It is clear that the inclusion of Major P.J.O Bojie (N/7928) and R.J. Diri (N/7963) in the panel was a travesty of the fundamental human right of the appellant. It renders the entire proceedings a nullity as it was done contrary to the provisions of the law. So held the Court of Appeal, holden at Lagos in a unanimous leading judgment delivered by his lordship, Rita Nosakhare Pemu (JCA) and his learned brothers: Ibrahim Mohammed Musa Saulawa and Joseph Shagbaor Ikyegh (JJCA), concurring while entering judgment in favour of the appellant. The appellant was represented by Fred Agbaje, with him Adeniyi Pokanu while the respondent was represented by Ginika Uche. The facts are as contained in the body of the judgment. The appellant, who was arraigned before a Court Marshal in company of two accused persons were tried, convicted and sentenced to two years’ imprisonment without option of fine in accordance with the provisions of the Armed Forces Decree 1993. This was on May 26, 1998. He served his term of imprisonment and upon completion of same, he filed an appeal against his conviction and sentence in the year 2000. Same was struck out on grounds of incompetency on July 31, 2008. On May 31, 201 he applied for extension of time within which to file notice of appeal. This honourable court granted the prayer and the appellant was ordered to file his notice of appeal within seven days from the May 31, 2011. On June 6, 2011, the appellant filed its notice of appeal encapsulating 12 grounds of appeal. Factual situation On October 27, 1997, a general court martial was composed by the orders of the Commandant, Lagos Garrison Command, Major General P.N. Aziza, to try the appellant and three others. The appellant was tried accordingly. At the completion of the proceedings presided over by Col. Z.M. Yaduma of the General Court Marshal on May 26, 1998, the appellant was convicted and sentenced. At the commencement of the trial, the appellant plead not guilty to the charges against him. The charges were for the offences of conspiracy, contrary to Section 114 (1) of the Armed Forces Decree of 1993; cheating contrary to and punishable under Section 113(b) (ii) of the Armed Forces Decree; and impersonation, contrary to and punishable under Section 97(b) of the AFN 1993 No. 105 Pages 25-27 of the Record of Appeal. At the conclusion of evidence adduced by the prosecution and the defence, including addresses taken from learned counsel for the respective parties, the appellant was found guilty of the charges proffered against him.

The appellant is dissatisfied with the decision of the GCM, and has appealed the conviction and sentence. The appellant filed his notice of appeal on April 14, 2011, but same was deemed filed on January 16, 2003. The respondent filed his brief of argument on December 2, 2011. The appellant filed his reply brief February on 20, 2012, but same was deemed filed on May 22, 2012. On his part, the respondent articulated and proffered two (2) issues for determination. They are: • Whether a person that is convicted by a court martial can file a competent appeal without complying with the provisions of Section 183 and 184 of the Armed Forces Act LFN; and • Whether the appellant’s appeal is valid in the absence of a competent notice of appeal. To my mind, the issues formulated by the respondent amount to preliminary issues, which should have been a subject of a preliminary objection, but he filed none. A consideration of the respondent’s issues is one, which is capable, in limine of deciding the appeal one way or the other. None of the respondent’s issues relate to the grounds of appeal. As observed, the respondent had filed no preliminary objection, had not indicated whether his issues amount to preliminary objection or not, but the two issues in his brief of argument is tantamount to preliminary objection. One of the counts for which the appellant was charged are those of conspiracy contrary to Section 114(1) of the Armed Forces Decree 1993 and punishable under Section 516 of the Civil Code Cap. 77 LFN 1990-pages 25 of the record of appeal. This section of the Armed Forces Act has nothing to do with conspiracy but Section 516 of the Criminal Code punishes for the offence of conspiracy. The second offence the appellant was charged with had to do with the offence of cheating contrary to and punishable under Section 113(b) (2) of the Armed Forces Decree 1993 No. 105. The third offence with which he was charged is imprisonment contrary to and punishable under Section 97(b) of the Armed Forces Decree 1993. I shall now consider how much and how well the prosecution has proved these sundry offences according to law. In other words, whether the prosecution has been

able to establish these offences against the appellant beyond reasonable doubt. On the charge of conspiracy, the appellant was alleged to have conspired with one Zamari Karfa; W.O. John Ngbako; Sgt. Jerry and Godwin Nnaizu to cheat one Mr. John Nwodo of the sum of three hundred and seventy-seven thousand naira (N377, 000:00) and one 1300 Mitsubishi Bus with Reg. No: BQ628 AAA on the pretext of awarding a contract valued at ten million, seven hundred and ten thousand naira (10, 710, 000:00) from the Army HQ Lagos, knowing it to be false. The appellant is subject to service law having answered his names, number and unit. The elements of conspiracy as envisaged by the armed Forces Act are these: • That the accused is subject to service law; • That there was an agreement of a common design; and • That the design was unlawful or lawful but executed by unlawful means. A cursory look at the evidence adduced by the prosecution witnesses that is to say PW1, PW2, PW3, PW4 and PW5, shows no agreement of any kind between the appellant and anybody, to prosecute any unlawful thing, or any lawful thing executed by unlawful means. From the totality of the evidence, I find it puzzling how the commandant could have found the appellant guilty of the charges against him. There is simply no nexus, as there is nothing to show that the appellant conspired with anybody to commit any crime, of cheating John Nwodo, of the sum of three hundred and seventy-seven thousand naira (N377,000:00) and one 1300 Mitsubishi Bus with Reg No: BQ628 AAA on the pretext of awarding a contract valued at ten million, seven hundred and ten thousand naira (10,710, 000:00) from the Army HQ Lagos, knowing it to be false. No evidence of an agreement of a common design or any agreement whatsoever was shown, as existing between the appellant and the co-accused persons, or anybody whatsoever. It is trite that the burden on the prosecution is only discharged, when the essential ingredients of the offences charged have been established, and the accused person is unable to bring himself, within the defence or exceptions allowed under the law generally, or the statute creating the offence. Oteri V. Att-General Bendel State (1986) 2. NWLR Pt. 24 at 648; Okoro V. State (1988) 5. NWLR (pt. 255) @ 257. Where, at the close of the case for the prosecution, the evidence led fails to meet the essential requirements stated in a particular offence, the prosecution has not discharged the constitutional burden to establish the guilt of the accused beyond reasonable doubt. Where an appellate court observes that the prosecution has failed to prove case alleged against the accused, the court is entitled to take the point suo motu, even though counsel are not invited to argue the point before it. This is because it is a ground of law founded on section 286 and 287 (1) of the Criminal Procedure Law and Section 33(5) of the 1999 Constitution. Broniks Motors V. Wema Bank Ltd. (1983) 1 SCNLR 296. In the present case, from the evidence at the bosom of the court martial, he should have, suo motu declared that the appellant had no case to answer and this he did not do. There is no evidence latent or patent to establish a case of conspiracy against the appellant, as reflected in the charge against him and I so hold. Regarding count number two, which is cheating contrary to and punishable under Section 113(b) (11) of the Armed Forced Decree 1993. With respect, there is nothing from the evidence before the Court Martial oral or documentary, which suggests tricks or device on the part of the appellant. None of the witnesses suggested that, nor proved same. There is nothing to show that the appellant induced anybody to pay, or deliver to any person, any

In the present case, from the evidence at the bosom of the court martial, he should have, suo motu declared that the appellant had no case to answer and this he did not do. There is no evidence latent or patent to establish a case of conspiracy against the appellant, as reflected in the charge against him and I so hold.

money, or goods, nor any greater sum of money, or greater quantity of goods than he would have paid or delivered to anybody. I hold that the prosecution has failed to also prove this charge against the appellant. On the count of impersonation contrary to and punishable under Section 97(b) of the Armed Forces Decree 1993 No. 105. Again, I dare to say that there is nothing to suggest any intent to defraud any person on the part of the appellant, from the evidence of the prosecution witnesses. The prosecution has clearly failed to prove the charges against the appellant beyond reasonable doubt, and his conviction and sentence was, therefore, without foundation and justification. There is nothing on record to show that the appellant was brought before a superior police officer for attestation of his statement. It is obvious that the appellant made his statement under duress from his narration. There is nothing on record where the court martial evaluated the evidence before him of how the statement was made and indeed the evidence adduced by the appellant. The admission of that statement was wrong in law and I so hold. This issue is resolved in favour of the appellant and against the respondent. • Does the general court martial, as was constituted, have jurisdiction to try and convict the appellant?”; • The president of a court martial shall be appointed by order of the convening officer and shall not be under the rank of major or corresponding rank, unless, in the opinions of the convening officer, a major or an officer of corresponding rank having suitable qualifications not, with due regard to the public service available, so however; • Where an officer is to tried, the President shall be above or of the same or equivalent rank and seniority of the accused and the members thereof shall be of the same but not below the rank and seniority of the accused. It is alleged by the Appellant, that Maj. P.O.J. Bojie, who is a major, in rank and Maj. R.J. Diri, who is a major in rank should not have been members of the of the panel as constituted for they were clearly below the rank and seniority of the appellant who was a Lieutenant Colonel. It is apparent from the records that the appellant was a Lieutenant Colonel at the time of his trial. If by the provisions of Section 133(a) (b), where an officer is to be tried, the President shall be above or of the same or equivalent rank and seniority of the accused (which is the case here), the members shall be of the same but not below the rank and seniority of the accused. It is clear that the inclusion of Major P.J.O Bojie (N/7928) and R.J. Diri (N/7963) in the panel was a travesty of the fundamental human right of the appellant. It renders the entire proceedings a nullity as it was done contrary to the provisions of the law, regulating the proceedings in Section 133(3) (b) of the Armed Forces Act, as it affects trials by a court martial. The court martial lacked the relevant jurisdiction to try and convict the appellant, ab initio, and I so hold. The answer to that issue is necessarily in the negative. This issue is resolved in favour of the appellant and against the respondent. Now to the respondent’s issues, which I would safely term a preliminary objection. In all, this appeal is meritorious for reasons adumbrated earlier on in this judgment and same is hereby allowed. The judgment of the court martial delivered on May 26, 1998, being perverse, is hereby set aside and the conviction and sentence of the appellant to a term imprisonment for two years without the option of fine is hereby quashed. The appellant is discharged and acquitted. The proceedings were never alive and same is declared null and void for want of jurisdiction. Consequently, it is hereby further ordered that the appellant, Lt.-Col. K.S. Iberi (rtd) be reinstated into the Nigerian Army with immediate effect.

THE GUARDIAN, Tuesday, March 26, 2013

84 LAW

FamilyLaw

“It is a poverty to decide that a child must die so that you may live as you wish.” Mother Teresa

Legal implications of abortion in Nigeria By Bertram Nwannekanma

N Nigeria, as in all parts of the world, Iunplanned. women experience pregnancies that are Some of these women seek to terminate their pregnancies by safe, medical methods, if possible, but often by whatever means available. The practice of abortion is by no means a new phenomenon in Nigeria; although the main reasons women seek abortion may be changing. Increasingly, women seeking abortion stress their desire to avoid premarital births and to control family size, while de-emphasizing more traditional reasons such as spacing births to protect infant health and appearing to adhere to the social norm that they should abstain from intercourse while breastfeeding. Nigerian law makes it a crime to perform or to obtain an abortion except to save a woman’s life. Penalties exist for any person who performs an abortion, as well as for any woman who seeks an abortion or who attempts to cause her own miscarriage.

Although, abortion is illegal in Nigeria and carries a heavy jail sentence up to 14 years imprisonment unless it is performed to save the life of the pregnant woman, a large number of clandestine abortions, however, continue to be carried regularly with dire consequences for the lives and health of the women involved. Unsafe methods of abortion still continue to be used widely, resulting in severe health consequences for women. Maternal mortality is estimated at 1,000 maternal deaths per 100,000 live births in Nigeria, while an estimated one in eight maternal deaths in West Africa are attributed to abortion. The practice of abortion in Nigeria is also governed by the Criminal Code, which applies to the southern states of Nigeria, while the Penal Code applies to the northern states. Relevant provisions of the Criminal Code are based substantially upon Section 58 of the offenses against the person Act 1861 (of England), while those of the penal code are based upon Scottish common law. The

main difference between the two is that whereas the former applies to anyone acting with the intent of procuring the miscarriage of a woman” whether or not she is with child”, the latter applies to those cases where a woman is in fact “with child”. Section 228 and 229 of the Criminal Code provide that “Any person who with intent to procure the miscarriage of a woman, whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses force of any kind, or uses any other means whatever is guilty of a felony and is liable to imprisonment for fourteen years. Any woman, who with intent to procure her own miscarriage, whether she is or is not with child, unlawfully administers to herself any poison or other noxious thing or uses force of any kind or uses any other

means whatever, or permits any such thing or means to be administered or used to her, is guilty of a felony and is liable to imprisonment for seven years.”

YOU AND THE LAW —-With Dupe Ajayi Fundamental Human Rights: Fair hearing The Scenario HE last election of the Executive TAssociation Committee of the Landlords’ was rather contentious. Some members protested the election of both the Chairman and the Secretary in particular. It was, however, resolved and the new executive was allowed to take over the reins of office. Recent developments have, however, shown that the perceived settlement might not have been total. The new chairman and the secretary have been removed over allegation of misappropriation of the funds of the association. To make matters worse, the two affected officers have decided to go to court over their removal, which they consider unfair to them. Their grouse is that the panel that was set up by the association to investigate the allegation was chaired and supported by the very people who had protested their election victory in the first instance. They then concluded that there was bias in the conclusion of the panel. The Legal Opinion The right to fair- hearing is guaranteed under section 36(1) of the 1999 Constitution of the Federal Republic of Nigeria, as amended. It is also guaranteed under Article 7 of the African Charter on Human and People’s Rights. The notion of fair -hearing presupposes that whenever a person or a member of the society is alleged to have committed a wrong whether such a wrong amounts to a crime under the law of the land or a wrong of a lesser degree, on no account should such a person be sanctioned or should a decision be made or a step taken that will prejudice the right of the person until the person has been given an opportunity to present his case. Section 36(1) above provides, “in the determination of his civil rights and obligations including any question or determination by or against any government or authority, a person shall be entitled to a fair -hearing within a reasonable time

by a court or other tribunal established by law and constituted in such a manner as to secure its independence and impartiality”. Our first port of call in our examination of the above position of the constitution is the scope of the proceedings covered by the section. For the sake of clarity, there are three broad categories of processing or hearing. First is a proceeding before a court of law; second is the proceedings before administrative tribunals, which include disciplinary committees of various professional bodies like the Legal Practitioners’ Disciplinary Committee, for lawyers; Medical and Dental Council Disciplinary Committee, for Doctors and so on, while the third is of panels of enquiries, which are usually set up to investigate and make recommendations on incidents like communal crisis, students’ rot and so on. In determining the fairness or hearing of a proceeding, recourse is usually had to the principle of natural justice. This principle of natural justice is universal and anchored on two pillars. The first of the pillars is couched in the Latin maxim, nemojudex in causa sua, meaning that no man should be a judge in his own case, while the second pillar is the maxim, audi alterem partem, meaning that the other side must be heard. The first leg of the principle simply postulates that a person should not be a judge in a cause in which he is interested. The rational for this principle is aptly summarized in the dictum of Oputa JSC, as he then was, in Garba v University of Maiduguri (1986) 1 MINLR (pt 818) at p 880,”he has to be super human to be able to obliterate from his mind his personal plight, to be able to approach their assignment with impartiality, objectivity and fairness required of those acting in a judicial or quasi-judicial capacity. Even if they achieve this extraordinary feat, the appearance of justice having been done by their

panel will be seriously compromised”. From the above, a person aggrieved by any proceeding or hearing in which an interested person has presided or is among the body of persons that have presided over the proceeding or hearing can object to the proceedings before or during the hearing. He can also seek to nullify the proceeding after it has been concluded if he has knowledge of the interest of the person who presided on the proceeding on the grounds of bias. In Garba vs University of Maiduguri (supra), there was a riot by the students of the University of Maiduguri in which some valuable property were burnt, including that of the Deputy Vice –

Chancellor of the university. The panel set up by the Vice-Chancellor to investigate the matter was headed by the Deputy Vice-Chancellor. The appellants were among the students indicted by the panel. The Supreme Court set aside the decision of the university, which was based on the report of the panel and on the ground that there was the likelihood of bias since the panel was headed by the Deputy Vice-Chancellor who was also affected by the riot. Similarly, in Legal Practitioners’ Disciplinary Committee v Gani Fawehinmi (1985) 2 NWLR 301, the Attorney-General of the Federation accused Chief Gani Fawehinmi of advertising contrary to the rules of the professional conduct and was therefore charged before the

Disciplinary Committee for breach of rules of professional conduct. Meanwhile, the proceedings of the Disciplinary Committee was to be presided over by the AttorneyGeneral himself. Chief Gani Fawehinmi challenged the constitution of the Committee on the grounds that the Attorney-General being both the complainant and the judge would not guarantee him fair hearing. Chief Fawehinmi’s position was upheld up to the Supreme Court where the court held that the manner of the constitution of the Committee was in breach of fair hearing. It should be noted that this rule also applies to the proceedings of courts even to the Supreme Court. If the circumstances in a case are such that the judge is likely to be biased, ideally, the judge himself should decline to handle the case. In the light of the circumstances of such a situation, the head judge should re-assign the matter to another judge but in case the judge chooses to go ahead with the case, the party that is likely to be prejudiced by the hearing of the case can take up the issue with head judge. If the head judge refuses to reassign to another judge, the party can file an application before the judge handling the case in which he can depose to the circumstances that can give rise to the likelihood of bias in the matter as handled by the judge and pray the judge to disqualify himself from hearing the matter and if the judge refuses the prayer in the application, that party can appeal the refusal thereby giving the appellant court the opportunity to look at the circumstances and decide whether there is indeed a likelihood of bias. This underscores the significance of the first leg of the natural justice principle. The second leg of the principle audi alterem partem, meaning that the other side must be heard, will be discussed next week.

THE GUARDIAN, Tuesday, March 26, 2013

Sports Glo hails Nigeria’s U-20 World Cup qualification, rallies support for team

Algeria 2013 African Youth Championship

Aminu, Egbedi doubtful, as Flying Eagles tackle Egypt HE Flying Eagles may meet T Egypt today in one of the semifinals of the on-going Algeria 2013 African Youth Championship (AYC) without the Umar Aminu and Edafe Egbdi. Aminu scored two goals in Nigeria’s 3-1 defeat of DR Congo in the last group game, the same game, which featured Egbdi. Both players have undergone MRI scans for injuries, officials of the team disclosed yesterday, reports MTNFootball.com. Aminu has nursed a heel injury right from the opening Group B match against Mali, while Egbedi is nursing a thigh injury, which forced him to give way in the match against DR Congo. But while Aminu trained with the rest of the squad on Sunday, Egbedi did not. Aminu is expected to play through the pain against Egypt. According to Flying Eagles Assistant Coach, Alloy Agu, “Egbedi did not train with the rest of the squad on Sunday, but we expect a report from the medical staff later today.” Agu, who believes the winner of today’s game, will go on to win the championship, assures Nigerians that the Flying Eagles will be competitive in the game. Defending champion, Nigeria, finished second in Group B with six points and is up against Egypt, the runaway winner of Group A with a perfect three wins in as many matches. “This semi-final will be the highlight of this tournament and I believe whoever wins it, will go on to win the championship,” said Agu, who was a former Super Eagles skipper. The Flying Eagles defeated its Egyptian counterpart in a warm-up game last month in Cairo. It defeated its hosts 3-1 in the first match before it was pegged back by the Junior Pharaohs in the rematch also in Cairo.

However, Agu said the results of those games would count for nothing when both teams clash from 5.30pm today for a place in the final of the 2013 AYC. “Tuesday’s game is a competitive game not a friendly as was the case last month. It will be very different in attitude and character,” said Agu. “This is a very important game for both sides who want to qualify for the final. Hopefully, we will be the team to do so. “Of course, there is always pressure being defending champions but we won’t allow this to overwhelm us. We will be only focused on the game.” Agu further rated Egypt, who finished third at the AYC two years ago in South Africa, as a good team, who will give the Flying Eagles a good match. “Egypt is a very good team, who has won all three games thus far at this tournament. It attacks and defends very well as a team,” he remarked. “But I believe the match will be decided in the midfield. Whoever could control the middle would break from

October 2010 after winning the Arnold Palmer Invitational by two strokes. The 37-year-old, who dropped to a career-low 58th in November 2011, replaces Northern Ireland’s Rory McIlroy as number one. The American’s win at Bay Hill was his 77th PGA title and his third of 2013. Resuming three shots ahead after storms halted the event on Sunday, Woods carded a 70 for a 13-under-par total. “I play well here, it’s as simple as it gets,” said Woods, number one for the 11th time. “I’m very pleased with the way I’m playing. It was a by-

Flying Eagles’ captain, Abduljeleel Ajagun will lead Flying Eagles against Young Pharaohs of Egypt today in the semifinal of the African Youth Championship holding in Algeria.

Sunshine beats GT-2000, Customs, Benue win By Adeyinka Adedipe UNSHINE Angels Basketball Club of Akure has won its second game in the ongoing Zenith Bank Basketball League beating GT-2000 64-36 yesterday at the Abuja Stadium. The Angels were the better team throughout the game and taught the newly promoted team some basketball lessons. But GT-2000 will take consolation in the fact that they gave their best and have the ability to do better in the next game. Delta Force of Asaba also defeated Nigeria Immigration 47-29 while the Nigeria Customs defeated AHIP 39-23 in a low scoring

Woods regains number one spot IGER Woods returned to T the top of the world rankings for the first time since

HE national Under-20 T team’s (Flying Eagles) qualification for the FIFA U-20

product of hard work, patience and getting back to playing golf tournaments.” England’s world number five Justin Rose also shot 70 to finish second and move up to number three in the world. It was a sixth title in his last 20 starts on the PGA Tour for Woods, and after wins this year at Doral and Torrey Pines, he is now clear favourite to capture his fifth Masters title when the season’s opening major begins at Augusta on April 11. Woods, who claimed the last of his 14 majors in 2008, had played two holes of his final round when a torrential storm ended proceedings in Florida on Sunday.

game. In a game involving newlypromoted teams, Benue Queens defeated IGP Queens 41-36 in a keenly contested encounter. Both teams stuck to each other until the final minutes and they will have to improve their game to make an appreciable impact in the league. Plateau Rocks also defeated Oluyole Queens 50-42 to better standing on the log. In the Group A games today, Taraba takes on Sunshine

Angel, Coal City Queens take on Nigeria Customs, GT2000 takes on First Deepwater while AHIP battles FCT, Angels of Abuja. In Group B, Benue lock horns with Oluyole Queens, Dolpins takes on Nigeria Immigration, IGP Queens play Plateau Rocks while Delta and first Bank take to the court in the final game of the group. Vice President of the Nigeria Basketball Federation (NBBF), Muktar

Khaleh commended the team for their endeavour and assured that increasing the number of the teams would make the league more competitive. He also advised the team to adhere to rules governing the league and noted that the NBBF was doing everything within its power to improve women basketball. He said the open championship would boost the drive to take the game to the next level .

Martins may have played his last game for Eagles, says official By Christian Okpara AMED Super Eagles’ ‘weapon of mass destruction,’ Obafemi Martins, may not get the chance to play for the national team again following what an official of the team described as ‘signs of the inevitable decline’ in his game. Martins played for 60 minutes in the Brazil 2014 World Cup qualifier against Kenya at the U.J Esuene Satdium, Calabar, and according to the official, who pleaded anonymity, the Inter Milan former star did not justify his continued presence in the team. “We brought in Martins in the absence of Emmanuel Emenike because we needed somebody with a forceful

• Enyeama promises victory in Kenya presence in the Kenyan penalty box, but all the time he spent in the game he did not muster any shot on target. “People have tried to defend him by saying he did not get much service from the midfielders, but apart from his endless runs, his positioning and general game was not what we expected from a top star like him. “We need strikers who can fashion out openings and create things even in tight situations and Martins failed in that aspect against Kenya. “We will look at the performance of all the players when we review the game, but I

doubt if he would get another chance in this team.” He said the coaches would continue to give every Nigerian the chance to stake a claim for inclusion in the team, adding, however, that there may not be any second chance for some stars. Meanwhile, the team’s stand-in-Captain, Vincent Enyeama, believes the Super Eagles will beat Kenya in Nairobi in the reverse leg of the fixture in June. Enyeama, who was beaten by a Francis Kahata free-kick on Saturday at the U.J Esuene Stadium, told The Guardian that the team has taken the 11 outcome as one of the things that happen in football.

World Cup has continued to generate encomium from corporate Nigeria with telecommunications giant, Globacom, the latest outfit to hail the team for making the semi finals of the ongoing African Youth Championship (AYC) in Algeria. The Flying Eagles beat Congo DR 3-1 in the last Group B match to come second behind group leader, Mali, and in the process book a place in the FIFA Under-20 World Cup holding in June in Turkey. The team will now meet Egypt in the semifinal. In a statement in Lagos yesterday, Globacom commended the fighting spirit of the young Nigerians and tasked the technical crew to evolve ways to motivate the team to go all the way. “We urge the Flying Eagles to ensure the successful defense of the AYC title by not only beating Egypt, but also lifting the trophy,” the statement said. “We also want to assure the team that Nigerians are behind them to succeed in the task ahead. They have made Nigeria proud so far by their quick recovery from the loss they suffered to Mali in the first group game. They can only consolidate their good run,” the statement concluded. Globacom also commended the Super Eagles for fighting back to salvage a 1-1 draw from the visiting Harambee Stars of Kenya in their World Cup 2014 qualifier in Calabar over the weekend.

Lagos set to screen coaches, extends submission of applications ONTRACT coaches to be C engaged by the Lagos State government to take charge of its 36 sports associations will be screened tomorrow March 27 to Thursday March 28 this year. A statement by the Public Relations Officer (PRO) of the State Sports Council, Bashiru Agunloye, stated that seasoned sports administrators, coaches and professionals, would conduct the interview. He added that to give applicants ample opportunity to be part of the two-day exercise holding at Mobolaji Johnson Sports Centre, Rowe Park, Yaba, the deadline for submission has been extended. “To give all applicants equal opportunity, the screening will be open, transparent and candidates shall be chosen based on qualification, experience and merit,” Agunloye said. It would be recalled that the Lagos State Sports Council called for applications from interested members of the public, who are willing to help the 36 sports associations in the state to develop sports at the grassroots level especially in schools across the state.

THE GUARDIAN, Tuesday, March 26, 2013

Come and cheer athletes, CAA tells Warri fans By Gowon Akpodonor

We won’t let Nigeria down, says team captain

HE Confederation of Africa T Athletics (CAA), has pleaded with sports fans in Warri

on ground for the championship, but expressed doubt over the fans’ attendance. ‘’In most junior events in Africa, there are no media tribunes, but here we have a solid one at the Warri Stadium. The LOC has also done well with accommodation and transportation plans. The organisation is superb. What I’m not sure of now is the attendance. I hope there will be enough fans at the stadium to cheer the athletes,’’ Aminata said. Meanwhile, the male Captain of Team Nigeria, Atuma Ifeanyichukwu Andrew and his female counterpart, Chinyere Anwulika, said the country would give a good account of itself at the competition. The team was given a warm

and its environs to come out in their thousand and give African youth athletes the best of support as the maiden Africa Youth Athletics Championship flags off in Warri tomorrow. The Head of the Marketing of CAA, Aminata Gueye made the appeal just as the captains of Team Nigeria in the championship, Atuma Ifeanyichukwu Andrew and Chinyere Anwulika assured that they would do everything possible to win the championship so as to give Nigerians a good Easter celebration. The CAA boss, who is already in Warri, said she was satisfied with the level of preparation

reception on arrival in Warri yesterday. “We have worked hard enough and we will bring back gold silver and bronze,’’ Atuma said. ‘’The coaches did a lot of work on us. Training was intense and focused. Everything was done according to the schedule and we maintained that discipline till now. It means that we are ready for victory. From our selection trials till now, we have been working with very serious coaches and we want to get to the tracks and field and take the medals because we have been motivated to do so,’’ Chinyere said during the reception of the athletes as Excel Hotel. They arrived from IAAF High Performance Training Centre in Port Harcourt.

Team Egypt on arrival in Lagos for the African Youths Athletics Championship (AYAC) scheduled for Warri.

Warri 2013 AYAC will be best ever, says LOC

By Olalekan Okusan HIS year’s edition of Chief T Gbolahan Owolabi Table Tennis Championship came to an exciting end at the weekend with Olatunji Lawal and Kola Olulana dominating proceedings at the three-day tournament held at the Lagos Country Club in Lagos. The competition organised by the table tennis section of LCI is being staged to mark the 71st birthday of Chief Owolabi, a member of the section. Prior to the league one and veteran finals, Bode Ogunbanjo was in superb form against Matins Badejo in the super veteran category with a 3-2 win (10-12, 6-11, 6-11, 11-7, 12-4). In the doubles, the pair of Shehu Alabi and Lawal defeated the duo of Ayo Jimoh and Paul Nwokocha 3-1 to claim the title. For the veteran final, Olulana, a regular in final showed ace journalist, Mitchel Obi that playing the game was more technical than talking about the game. Prior to the match, Obi believed it would be an easy win for him. But the display by Olulana in the first game dazed him but he salvage

some pride by winning the second game. As if he has been stung by the win, Olulana failed to give Obi any breathing space to claim the victory with 11-5, 9-11, 11-5, 11-3 (3-1). The climax of the competition was the final of league one involving Lawal and Nwokocha, which lived up to its billing with both players being cheered by the fans. All the techniques of the game were at play during the encounter as the members including LCI President, Wale Oshomo, as well as, the chairman of the section, Tajudeen Akande were thrilled by the players’ display. Despite the skills and techniques of Nwokocha, he had to bow to the superiority of Lawal, who is also the captain of the section in an encounter, which ended 11-5, 5-11, 11-3, 11-6, 11-9 in favour of Lawal. LCI boss lauded the sponsor – Chief Owolabi for bankrolling the competition, while charging to use the tournament to engender friendship among members. In his remarks, Chief Owolabi promised to continue to stage the competition even after his demise as plans have been put on ground for this.

15-year-old Oduduru is Team Nigeria’s joker

S the maiden Africa Youth A Athletics Championship flags off in Warri tomorrow,

The LOC gave Team Nigeria athletes and officials a five star reception when they arrived the city from Port Harcourt yesterday with the Nigerian Supporters’ band leading the way. The athletes came from the IAAF High Performance Centre in Port Harcourt, where they have been camping for a month now. Leading the team into the city yesterday was veteran Nigerian Coach and ex-Delta state Sports Director, Seigha Porbeni. He was optimistic that Team Nigeria would present a solid squad for the championships. About 15 coaches trained the 59 Nigerian athletes. They are camped at Excel Hotel, one of the best hotels in Warri. Porbeni said, “we have a crack team. We have trained well and I’m sure that most of the athletes we have in this

members of the Local Organising Committee (LOC) have assured that the championship would be the best in terms of organisation and attendance. Over 34 African countries will compete in this year’s edition of the competition, which Delta State government is hosting on behalf of Nigeria. It will run from tomorrow till March 31. Chairman of the LOC, Amaju Pinnick, told The Guardian yesterday that students and sports fans from Warri and neigbouring towns, as Ughelli, Agbarho, Sapele and Oghara would be at the stadium to cheer the athletes. Competitions will begin shortly after the opening ceremony tomorrow.

Officials say Team Nigeria is ready for the AYAC.

Lawal, Olulana rule at Owolabi table tennis tourney at LCC

By Gowon Akpodonor

team will turn to stars in the near future.’’ Among the athletes being paraded by Team Nigeria in the championship is a 15-year old SS three student, Divine Oduduru. He ran 10.05sec in the 100m race during the trial conducted in camp. ‘’When a 15-year old runs 10.05sec, you can imagine what he will do with good training in a year or two,’’ Porbeni said. The Technical Director of the Athletics Federation of Nigeria, Omatseye Nesiama said that some of the athletes in the Nigerian team might mature before the Rio 2016 Olympics Games. The AFN President, Solomon Ogba and AYAC 2013 LOC Chairman, Amaju Pinnick were at the Excel Hotel to receive Team Nigeria and officials yesterday.

LMC set to grow Nigerian league, says Irabor HAIRMAN of the League C Management Committee (LMC) set up by the Nigeria Football Federation (NFF) to revive the country’s professional football league, Nduka Irabor has revealed it committee’s plan to run a league that

would be the envy of all and serve the interest of all stakeholders, especially teeming Nigerian football fans. Irabor said in a communiqué made available to The Guardian that the committee has set in motion machinery to deliver

Chimaobi Chukwu of Enugu Rangers trying to outfox Enyimba’s Samuel Tswanya during the 2011/2012 season.

on its mandate to have a league for Nigeria, run by competent Nigerians and clubs for the benefit of both local and international footballers and fans and of global standard. He revealed that the committee opted for a new league management structured on corporate governance, transparency and to meet the unfulfilled expectations of local football fans and also to avoid the litigations and insolvency that characterised the operations of the defunct Nigeria Football League Limited. This new legal entity, Irabor maintained, also became necessary to ensure compliance with the laws of the land and also provide a legal base for entering into new contractual agreements with stakeholders. A Federal High Court had on January 20, 2012, declared the Nigeria Football League Limited illegal and stripped it of the legal capacity to manage professional football in Nigeria. The judgment, which is yet to be overturned, decreed that no aspect of the administration or management of football in Nigeria could be conducted in the names of either NFL or NPL. Irabor said mapping out a new direction in the structure and management of the local

premier football league was inevitable as there could be no other way forward especially after a Federal High Court had adjudged in January 2012 that the Nigeria Football League Limited was an illegal body. He said, “incorporating a new management structure is only the start, rather than the end of the necessary reforms for the local league. “The football clubs will also need individual reforms to restructure as legal, corporate entities able to meet mutually agreed upon terms for their management and operations as members of the NPFL. “We are preparing for instance a new league rules framework, which includes new rules for the qualification and licensing of clubs within the league to bring our local clubs in line with international standards. “The new rules will guarantee that clubs meet their obligations to players etc by ensuring that they have solid financial bases, setting aside five per cent of the income of the LMC solely dedicated for a youth development programme, which will ensure that all clubs have feeder clubs of players not older than 18 years of age and of not more than 30 trainees.”

THE GUARDIAN, Tuesday, March 26, 2013

SPORT 91

European 2014 World Cup Qualifiers

Spain is still the best, Deschamps admits RANCE Coach, Didier FSpain’s Deschamps is not letting surprise slip-up against Finland lull him into a false sense of security ahead of the crunch World Cup qualifi-

er between the two, warning his players they are still facing the best team in the world. Deschamps also believes his side will need to play a “perfect” match if they are to

defeat the reigning world and European champions and take a huge step towards securing automatic qualification for next year’s World Cup finals.

Les Bleus head into the clash at the Stade de France holding a two-point lead over the Spanish at the top of Group I after receiving an unexpected boost from Finland on Friday night. While France were beating Georgia 3-1, Spain were being held 1-1 at home by the lastplaced Finns - Teemu Pukki’s 79th-minute equaliser cancelling out Sergio Ramos’ goal in Gijon. Deschamps admits that result came as a shock but is not reading too much into it. He told AS, “yes, it was a great surprise. I saw the game and Spain deserved to win. Nevertheless this result changes nothing. Spain are still the best team in the world. They were before, they are now and they will be after tomorrow’s match. “There’s been no change in my intentions, nor in Spain’s. They will come to have control of the ball and to win the game.” A French victory today would put them five points clear at the top of Group I and, with

only three games to come afterwards, it would need something special to deny the 1998 world champions first place in the five-team pool. Even a draw would leave Les Bleus as favourites to take top spot and consign Spain to a likely spot in the play-offs, but Deschamps is not looking too far ahead. “It’s true that for us, now, there are two positive results tomorrow - the win and the draw. But a draw would not give us much of a guarantee because it would oblige us to win every match that is left,” he said. “We have to have a great game against the best team in the world. Their draw against Finland was incredibly bad luck, looking at the chances they had. “To beat Spain we will have to have a perfect game, we know this.” Spain’s setback against Finland was the second successive home qualifier where they have dropped points, having also drawn 1-1 with France in October.

The pressure is now on Vicente del Bosque’s side who could be boosted by the return of key midfield duo Xavi and Xabi Alonso in Paris following injury - but defender Gerard Pique has laughed off any suggestions Spain’s bubble might be beginning to burst after five years of almost total domination. The Barcelona defender said, “I’ve been through this with Barca and now the national team. And neither surprises me. “In this country we’re not used to it, and when we have a little setback we talk of an end of a cycle, but this is a young team and they are going to be around for many years.” Regarding today’s match, Pique told radio station Cadena COPE, “we knew we had to go to France to win. We didn’t expect the result against Finland, but sometimes, even if you are the better team, you don’t win. Now we simply have to win against France, because that’s the only thing that is worth anything to us.”

Portugal can’t afford to slip up, says Ronaldo RISTIANO Ronaldo has C stressed that Portugal cannot afford to slip up again in the remainder of the 2014 World Cup qualification campaign if it is to make it to Brazil next year. The Seleccao were held to a 3-3 draw by Israel last Friday and currently sit third in Group F with eight points from five games, trailing leaders Russia by four points. “We have zero room for error

from here on,” the Real Madrid star was quoted as saying on the official website of the Portuguese Football Association. Ronaldo will miss today’s qualifier against Azerbaijan due to suspension, but he is keen to stay with the team as he feels his presence benefits the Seleccao. “The easiest thing for me would have been to return to my club, but I said that I want-

ed to stay. I feel that my presence with the team is important,” he explained. He added, “I can still contribute something to the team even when I’m not playing. I’m a bit sad that I can’t help the guys out there on the pitch, but I will encourage the team to give their all and get a good result.” Portugal head into today’s match without a win since September 2012.

Deschamps

Germany’s Gomez, Hoewedes doubtful for Kazakhstan ERMANY Coach, Joachim the final training. Only after Bender. G Loew will wait until a final that will we take a final deci“Ilkay will play tomorrow. training session on Monday sion,” Loew told reporters. He has taken a huge step forto see if central defender, Benedikt Hoewedes and striker, Mario Gomez will be fit for today’s World Cup qualifier against Kazakhstan. The coach said the pair was joined by Mesut Ozil for a run on Sunday but did not train with the rest of the team as Germany prepare for their second encounter with the Kazakhs after beating them 30 in Astana on Friday. “I do not see a problem with Mesut for tomorrow but for the other two I will wait until

Hoewedes and Gomez, the only striker left in the squad, are nursing minor muscle problems. Germany are top of Group C on 13 points from five games, five points ahead of secondplaced Sweden who have a game in hand. Loew confirmed Ilkay Guendogan would be playing in midfield in place of the suspended Bastian Schweinsteiger, despite a late call-up for Borussia Dortmund teammate Sven

Today’s Matches Armenia Azerbaijan Estonia Turkey Ukraine Denmark Netherlands Serbia Belgium Germany Malta N/ Ireland Poland Rep Ireland Wales France Montenegro

v v v v v v v v v v v v v v v v v

Czech Portugal Andorra Hungary Moldova Bulgaria Romania Scotland Macedonia Kazakhstan Italy Israel San Marino Austria Croatia Spain England

16:00 17:00 17:00 18:30 19:00 19:15 19:30 19:30 19:45 19:45 19:45 19:45 19:45 19:45 19:45 20:00 20:00

ward not only for Dortmund but for us as well,” Loew said. “He has won a lot of esteem and plays top international level football.” World number two Germany will be looking for a quick goal against Kazakhstan, ranked 139th in the world, to take any wind out of their sails as they did with two quick goals in Astana. “I expect us to play with the same passion as we did in the first half in Kazakhstan,” Loew said. “That we score an early goal and add to that to put them under pressure.”

Ronaldo

Croatia must stop Bale, Modric insists Modric says Croatia LtheUKA must stop Gareth Bale if team wants to capitalise on its impressive victory over Serbia, but admits his teammates should not take Wales for granted. The Real Madrid star played alongside Bale during his time at Tottenham and is wary of the threat that his former teammate poses to Croatia. “Can we stop Gareth? We must, because these are three very important points,” Modric told the Daily Mirror.

“The win against Serbia would ultimately mean a lot less if we do not beat Wales. One player can’t win games by himself and we know that we will be up against a good team who will be roared on by a passionate home crowd.” Wales is looking to reduce the gap between itself and second-placed Croatia to four points with a win at the Liberty Stadium and is on good form following a 2-1 victory over Scotland on Friday. Chris Coleman’s side lost Bale midway through the

game but rallied to win. Despite the winger’s obvious importance to the team, Coleman believes it can win without the him. “I can understand why people look at the fact Gareth went off and say it could be the end of our hopes, but we don’t feel that within the group,” Coleman added. “When we beat Scotland 2-1 in Cardiff it was different circumstances because we won late on. But the performance in Glasgow was much more mature and rounded – and

half of it was without ‘Baley’. “We mustn’t forget how good he is and, with him, of course the team is stronger. But the players have to take great confidence from that. Sometimes we won’t have him so we need others to step up to the plate and that’s what happened in Scotland. Everyone stepped up and it was a tremendous performance. Hopefully they can step up again. But we won’t get carried away as Croatia is a huge game and another big test for us.”

THE GUARDIAN, Tuesday, March 26, 2013

TheGuardian

Tuesday, March 26, 2013

Conscience, Nurtured by Truth

By Chima Mmeje Continued from yesterday HE first problem with domestic violence is that it is seen as a private matter to be dealt with at home. In poor neighbourhoods of Lagos where I live, nobody interferes when a man is beating his partner because it is accepted as a normal means of punishment for an offence, which the wife/girlfriend may have committed, thus the need for physical discipline. The motivation for this write up came to me when my neighbour locked the doors to his flat so he could properly ‘discipline’ his girlfriend, who was seven months pregnant, she had the nerve to ask him to sell his small generator so she could use the money to buy clothes for the unborn baby. I saw him when he emerged, walking with his shoulders taller, a look of pride for his actions and I wondered why this short 5ft 5 inches guy did not look for someone his own size to pick on! If the woman is brave enough to go to the police, she is looked at with scorn and told to go home and resolve her problems. Unless she is affiliated with a civil rights group or comes from a family of affluence, the husband is in this case arrested, locked up for a couple of days and released. The constitution is not clear on punishments for domestic violence, so men with a penchant for beating women can do so without fear of arrest or jail term. The police do not have specialised institutional framework that can deal with cases as sensitive as women suffering abuse in their homes. You put a police officer whose highest qualification is a secondary school leaving certificate behind the counter of a police station and expect him to have the intellect and psychological capacity to deal with a woman who is hysterical, wounded and emotionally broken! According to Amnesty International, many believe that a woman is expected to endure whatever she meets in her matrimonial home, to provide sex and be obedient to her husband who has the right to violate and batter her if she fails to meet her marital duties. The penal code in Northern states allows the correction of child, pupil, servant or wife as long as it does not amount to grievous harm (Section 55). Furthermore, marital canal assault is excluded from the definition of rape under state-level Sharia penal code in Northern states and under the criminal code in Southern states. Specifically, Section 295 of the criminal code recognises “the resort to some degree of violence for correctional purposes.” Think Africa Press, the Muslim Family Safety Project contradicts the above with this statement “Forcing a wife to have sex without her consent is a crime called sexual assault and a person charged with a crime cannot use religion or culture as an excuse or legal defense”. The reason I stated the foregoing is because the Sharia law, which is supposed to be a guideline for the way of life for Muslims in the North, while also executing punishment to erring members, has no clear cut defined laws on domestic violence. It does not associate rape in marital home as violence or abuse neither does it state clear punishment for men who abuse their wives. The masses are also guilty for turning a blind eye every time an incident of domestic violence happens around us. The government has not been firm enough in its bid to institutionalise legal framework that criminalise domestic violence or protect women from abuse in their homes. Most women in Nigeria cannot escape violence in homes because of their poor economic status. A large number of women who are victims are those who have no jobs and are full housewives. Thus they put up with the fear of loss of financial support offered by the male and the constant threat of eviction from their marital homes. This is not limited to uneducated or poor women because a Global Press Institute study shows that 65 per cent of educated women have been beaten by their husbands or

We must achieve economic empowerment before we tie the knot with a partner. Insist on getting an education before marriage so that you have something to fall back on when you need a way out. If you cannot get an education, find ways to start a trade or get a job even when you are married so that you are not completely redundant and dependent on your partner for all your needs.

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Woman, you are not a victim (2)

boyfriends. Another reason why domestic in her stride without seeking redress and violence is on the increase is that accepting abuse as a part of her life. The victims do not speak out due to the fact that woman who lives as a victim lives a life of those who do receive poor treatment. The real fear, anger, hate, frustration, discontentfigure of Nigerian women who are victims of ment and an unfulfilled life that ends in misdomestic violence is unknown because most ery. We need to be stronger than we perceive women are reluctant to report domestic vio- ourselves to be because we are not minors. lence. This is not Europe or America where By taking abuse in silence we grease the government rises up to socio-political issues engine of sadistic men who feel that the only regarding safety of its citizens. Sadly, this is way they are in charge is when they use vioAfrica; to be more precise, this is Nigeria lence to solve problems with their wives. We must achieve economic empowerment where anything goes. A country where the government is blind to the needs of the mass- before we tie the knot with a partner. Insist es except those of its own, where bills take five on getting an education before marriage so years to become laws, where archaic practices that you have something to fall back on detrimental to human lives are still in effect when you need a way out. If you cannot get because they refuse to accept that change is an education, find ways to start a trade or get the only reality that must occur for a pro-cre- a job even when you are married so that you ative development to be achieved. are not completely redundant and dependSo while we wait for the government to save ent on your partner for all your needs. A man us, why do we not find ways to survive and will treat a woman with a measure of respect redeem ourselves? The most important factor if he knows she can leave and sustain herself is to recognise the victim is a woman who is without his help. The days of divorce not beaten all the time by her partner; she takes it being an option are far-gone. If your partner The YOUTHSPEAK Column which is published daily is an initiative of THE GUARDIAN, and powered by RISE NETWORKS, Nigeria’s Leading Youth Development Centre, as a substantial advocacy platform available for ALL Nigerian Youth to engage Leadership at all levels, engage Society and contribute to National Discourse on diverse issues especially those that are peculiar to Nigeria. Regarding submission of articles, we welcome writers‘ contributions by way of well crafted, analytical and thought provoking opinion pieces that are concise, topical and non-defamatory! All articles (which are not expected to be more than 2000 words) should be sent to editorial@risenetworks.org To read the online Version of this same article plus past publications and to find out more about Youth Speak, please visit www.risenetworks.org/youthspeak and join the ongoing National Conversations’’. Also join our on-line conversation

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Another reason why domestic violence is on the increase is that victims do not speak out due to the fact that those who do receive poor treatment. The real figure of Nigerian women who are victims of domestic violence is unknown because most women are reluctant to report domestic violence. This is not Europe or America where government rises up to socio-political issues regarding safety of its citizens. Sadly, this is Africa; to be more precise, this is Nigeria where anything goes.

refuses to change, leave him and rebuild your life elsewhere especially if you have children. If you let your children see you live the victim’s life, your sons will think it is okay for them to hit women and your daughters will believe it is a part of marriage for a woman to be physically abused. Damola almost lost her life and that of her unborn baby in the hands of her boyfriend who took out his frustrations on her, Celie was a victim of circumstance who saw domestic violence as a part of her life, Nneoma married the wrong man but is unable to escape thus she lives in misery and fear. Keere hopes that her abusive boyfriend who batters her when the mood strikes will change when they get married. Chizoba, a prisoner in her own home and a puppet to her husband ran away with nothing, Ify got away and has moved on with her life accepting her mistakes as what they are while forging a pathway for her children’s future in the comfort of her new home. Most of these women have been my neighbours at some point in my life, I have watched them suffer, watched them cry, and seen the fear in their eyes, the regret etched on their brows, trapped in a constant state of unhappiness. You are not a victim; you are a woman with a life to live and a purpose to serve. If anyone who is supposed to love you and cherish you makes your life a living hell you have every right to seek happiness where you can find it. The choices we make are ours but the decisions to adjust our lives when we make mistakes are what make us greater. I aspire to be like Sofia, a woman strong in the face of despair, unbroken in a society where women are supposed to be submissive and to fight for the ideas I believe in, though not with violence. Speak out against domestic violence now!!! •Concluded. • Mmeje Chima, an unemployed graduate, lives in Abuja.