The Nation January 29, 2013 by The Nation

Nigeria’s widest circulating newspaper

Panel seeks cut in Perm Secs’ pay

18 die in Onitsha multiple accidents

•Trailer rams into traders

NEWS

Page 9

•Fika submits report to Fed Govt

NEW S NEWS Page 57

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VOL. 8, NO. 2386 TUESDAY, JANUARY 29, 2013

CUP OF NATIONS

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•Ethiopian players rush after Mikel at airport •’Eagles will spill blood against Ethiopia’ •NFF: Keshi, players must deliver today •AND MORE ON PAGES 23,24,41&63

•From left: United Nations (UN) Secretary-General Ban Ki-Moon; President Boni Yayi of Benin Republic; Ethiopian Prime Minister Hailemariam Desalegn; UNFPA Executive Director, Prof Babatunde Osotimehin; President Goodluck Jonathan; President Jacob Zuma of South Africa and President Joyce Banda of Malawi at a Campaign on Accelerated Reduction of Maternal Mortality in Africa (CARMMA) in Addis Ababa…yesterday PHOTO: NAN

N32b pension fraud: Convicted director fined N720,000

$50m boost for Mali mission From Augustine Ehikioya, Abuja

ITH renewed commitments towards restoring peace in Mali, the African Heads of States and Governments, under the auspices of the African Union (AU), yesterday proposed to contribute $50 million for the African-led International Support Mission in Mali (AFISMA). AU Chairman Mr. Hailemariam Dessalegn broke the news while highlighting the decisions made at the just concluded 20th AU Summit held in Addis Ababa, Ethiopia. Continued on page 61

•Yusufu

FEDERAL Capital Territory (FCT) High Court yesterday convicted Mr. John Yakubu Yusufu, a former deputy director in the Police Pension Office, for stealing N32.8 billion pension funds. He is one of the six accused

•Forfeits 18 houses, N325m to govt From Kamarudeen Ogundele, Abuja

persons facing a 20-count charge of criminal breach of trust slammed against them by the Economic and Finan-

cial Crimes Commission (EFCC). The alleged offence is punishable under sections 97, 115 (ii), 119, 309 and 315 of the Penal Code Act Cap. Continued on page 8

Boko Haram: no more fighting...for now Govt sceptical over ceasefire North’s elders seek amnesty

•Shekau

OKO Haram (Western education is a sin) was back in the news yesterday. But it was not to hurl bombs and fire bullets; the controversial sect was holding out an olive branch to the government. It announced a ceasefire. The sect said it was to allow for dialogue with the government to ensure

From Joseph Abiodun, Maiduguri

lasting peace. The government said last night that it was studying the situation. A commander of the sect, Sheikh Abu Mohammad Abdulazeez Ibn Idannounced SEE ALSO ris, the ceasefire at a PAGES 4&5 news conference

with reporters in Maiduguri, the beleaguered capital of Borno State. Borno and neigbouring Yobe State — the epicentre of the activities of the sect —have been crippled economically. Thousands of people have died in the sect’s bloody campaign. The sect announced the ceasefire on a day the North’s elders, after a meet-

ing in Kano, canvassed amnesty for its members. Ibn Idris, the sect’s second commander in charge of North and Central Borno, said he declared the ceasefire on behalf of the group’s leader, Abubakar Shakau. Shekau is believed to be in hiding, Continued on page 8

•ARMY REDEPLOYS 317 SENIOR OFFICERS P12 •KWARAPOLY STUDENT KILLED P62

THE NATION TUESDAY, JANUARY 29, 2013

NEWS BOKO HARAM CEASEFIRE

•Lagos State Governor Babatunde Fashola and Dean, Lagos Business School of Pan-African University, Dr Enase Okonedo, signing the Memoranda of Understanding (MoU) on Competitiveness Project at the Lagos State House, Alausa, Ikeja. With them are the Lagos Attorney-General and Commissioner for Justice, Mr. Adeola Ipaye (left) and the Commissioner for Commerce and Industry, Mrs Olusola Senapon Oworu...yesterday PHOTO: OMOSEHIN MOSES Story on page 57

Northern elders seek amnesty for Boko Haram members •Death penalty recommended for corruption convicts

•From left: Minister of State for Finance Yerima Ngama, Ekiti State Governor Kayode Fayemi and Managing Director, Niger Delta Power Holding Company James Abiodun Olotu at the company’s meeting on how to generate power at the Presidential Villa, Abuja... yesterday. PHOTO: AKIN OLADOKUN

•From left, Delta State Governor Emmanuel Uduaghan, Chairman, Technical Committee on Flood Impact Assessment and Vice Chancellor, Delta State University, Prof. Eric Arubayi and Chairman Flood Committee, Justice Francis Tabai, at the public presentation of the technical committee’s report, in Asaba ... yesterday.

ORTHERN elders yesterday rose from a three-day summit in Kano Government House with far-reaching decisions, including a call on the Federal Government to grant amnesty to Boko Haram sect members. They urged the government to initiate a restoration, reformation and rehabilitation programme that would reintegrate demilitarised Boko Haram sect members into the society. According to them, the type of amnesty that ended militants’ unrest in the Niger Delta region would be suitable in the North. The elders also identified widespread insecurity, breakdown of the educational system, massive illiteracy and leadership failure as part of the problems of the North. Specifically, they urged President Goodluck Jonathan to dialogue with the sect and grant its members amnesty just as it was done for restive youths in the oil-rich Niger Delta region. As far as the elders were concerned, President Jonathan, his deputy Namadi Sambo and the 10 Northern governors have not shown enough sympathy for the states under the Boko Haram siege. The positions of the elders were contained in a communiqué issued after a three-day summit organised by Northern Development Focus Initiative (NDFI) at the Kano Government House. The curtain dropped yesterday on the summit.

From Kolade Adeyemi, Kano

They also advocated death penalty or life imprisonment for indicted corrupt officials in both public and private sectors, recommending that all stolen assets be forfeited to government. Indicted public officials should be suspended from office pending the outcome of investigation, they said. Signed by Alhaji Usman Farouk, a former governor of Northwestern State and Dr. Sadiq Umar Abubakar, chairman and secretary of the NDFI respectively, the communiqué reads: “Education has collapsed to the extent that over 70 per cent of children of school-going age are not attending school.” The elders regretted the lack of avenues for gainful employment for teeming youths and noted the concerns and fears of youths for the survival of the region and that of the country. They blamed rising insecurity and ethno-religious crises on government’s failure to rise to the challenge. According to the communiqué, attitudes of northern elite and leaders, lack of synergy due to failure of elected representatives to interface with the executive to develop new policies have been parts of the problems bedeviling the North. It reads: “Northern states and the Federal Government should institute compulsory and free education at the primary and secondary school levels for all school-age children and introduce a free pupils feeding programme like Kano State. Governors of the North should increase budgetary allocation to the educational sector to 30 per cent.

Boko Haram: •Senator Oluremi Tinubu presenting a souvenir to the United States (U.S.) ConsulateGeneral, Mr Jeff Hawkins, when the envoy visited the Senator at her Mainland Constituency Office in Yaba, Lagos ... yesterday PHOTO: NAN

INCE the end of the civil war, no calamity of enormous proportion has befallen the fledgling nation-state more than the horror unleashed by the dreadful sec-Boko Haram. Many lives have been lost. Property worth billions of naira have been destroyed. Nobody is insulated from the attack. Government officials and buildings, traditional rulers, police and military formations and church worshippers are targets. On daily basis, there is panic. The fear of the invincible agitators has become the beginning of wisdom. The invincible agitators’ projected demands are inexplicable. They are offensive to civilisation. It is a paradox that a sect that has proposed an end to Western education in the North is addicted to bombings, which is an invention and legacy of the Western world. Retired military officers have warned that, if this trend of violence is not halted, urban warfare may be imminent.

By Emmanuel Oladesu

Observers contends that the political undertone of the curious war by the bombers may have been inadvertently ignored. It is also confounding that the sponsors of these destructive acts cannot be traced by intelligence agents. Indeed, the failed attempts at curbing the activities of the sect have created a hollow in the record of President Goodluck Jonathan in the critical area of national security. At a time, there was confusion in the government as the Commanderin-Chief cried out that Boko Haram had invaded his cabinet. It was therefore, a cheery news that a faction of the sect led by Abubakar Shekau announced a ceasefire yesterday. Reports indicated that members of the faction laid down their weapons and embraced dialogue. Their mood however, suggested that they have only temporarily suspended hostilities. The ceasefire is not final. Analysts warn that it may pale into a camouflage surrender, if their conditions are not met. Poignantly, the fighters have demanded

THE NATION TUESDAY, JANUARY 29, 2013

NEWS BOKO HARAM CEASEFIRE BOKO HARAM HISTORY

• A crowd at the St. Theresa Catholic Church, Madalla, Suleja after the 2011 Christmas Day bombing

HE Boko Haram sect, though has been existence since 2001, did not become popular in the country until 2009, when it participated actively in sectarian violence, which occurred then in Jos, Plateau State. Mohammed Yusuf, who remained the group’s leader until he was killed by soldiers in 2009, founded the Boko Haram sect. After his death, Abubakar Shekau became the new Boko Haram leader, a position he still holds till date. Other prominent members of the group include Abul Qaqa and Abu Zaid. Both Qaqa and Zaid have been acting as the sect’s spokesmen. Even though the group started out as a purely Islamic group, the disposition of the group became questionable for three reasons. Firstly, the sect is not only out for non-Muslims, it is fighting the government as well. This is evident in the group’s bombings of the United Nations (UN) House in Abuja and other government owned structures. Secondly, recent Boko Haram news showed that the sect has nonMuslims as its members. Thirdly, the group has not spared some prominent Muslims, as they had attacked mosques and killed Islamic religious leaders in the past. The Boko Haram crisis, which is still ravaging Nigeria to date started formally in 2009 with the sectarian religious violence between rival Islamic groups in Plateau State. Since 2009, no fewer than 10,000 people have been killed in various activities spearheaded by the group.

•Faces of some of those who died in the August 26, 2011 bombing of the United Nations (UN) Headquarters, Abuja.

“Since security is the responsibility of the Federal Government as enshrined in the Constitution of the Nigeria 1999, all the states affected by security crises in the North should compute all monies expended by them for reimbursement by the Federal Government. “A judicial commission of inquiry should be set-up to establish the remote and immediate causes of ethno-religious conflicts and prevalent insurgency. “All persons identified to be involved in sponsoring, benefitting or involved in all forms of terrorism and insurgency should be prosecuted. “The Federal Government should setup a Northern Nigeria Restoration, Reformation and Rehabilitation programme to involve repentant Boko

Haram insurgents unconditionally and a special committee of respected northerners should immediately embark on a sympathy and solidarity tour of all states affected by insecurity in the North.” They also called for a master plan for agricultural revival for the North so as to boost agriculture, create wealth, employment opportunities and develop agro-allied industry. The summit, which had “Development, peace and unity, as a tool for enhancing socio-economic and political reform in Northern Nigeria”, as its theme, drew political actors in the North ranging from council officials to federal legislators. The resource persons included former the former chairman of the Economic and Financial Crimes

Commission (EFCC) and the presidential candidate of Action Congress of Nigeria (ACN) in the 2011 election, Mallam Nuhu Ribadu, Sen. Victor Lar, former Director, of Defence Military Intelligence (DMI), Maj-Gen. Muhammadu Sambo and public affairs analyst, Dr. Tilde. In attendance were: Niger State Governor and Chairman of the Northern Governors’ Forum Babangida Aliyu, Gombe House of Assembly Speaker and Chairman of the Northern Speakers’ Congress, former Borno State Governor Muhammadu Goni, Senator Bukar Abba Ibrahim, Senator Danjuma Goje and Senator Bukola Saraki. All the states in the North were also representated.

•Kabiru Sokoto, a Boko Haram member believed to have masterminded the attack on the St. Theresa Catholic Church, Madalla

TIMELINE September 7, 2010 •Bauchi prison break and 720 prisoners including 105 suspected sect members set free. December 31, 2010 •Simultaneous attacks on military barracks in Abuja and Kuru, near Jos, Plateau State April 22, 2011 •Yola jailbreak in which 14 prisoners, suspected to be sect members were freed. May 29, 2011 •Multiple bombings in different locations in the North June 16, 2011 •Bombing of the Nigeria Police Headquarters, Abuja June 26, 2011 •Bombing of a beer parlour in Maiduguri, in which 25 people died and 12 others severely injured August 12, 2011 •Killing of prominent Muslim cleric Liman Bana August 26, 2011 •Bombing of the United Nations (UN) House in Abuja. twenty-three persons were killed and 129 others injured. November, 2011 •Attack on the convoy of Bornu State Governor Kashim Shettima on his return from a trip abroad. •Coordinated bombing and shooting attacks on police facilities in Potiskum and Damaturu, Yobe State claimed 150 lives December 25, 2011 •Multiple bomb attacks killed dozens including 35 worshippers at St. Therasa Catholic Church, Madalla, Suleja. •Second explosion hit a Church in Jos, killing a policeman. •Two attacks on centres in Damaturu and another in Gadaka, Yobe State, claimed four lives. January 5 and 6, 2012 •Multiple bombings recorded as the deadliest in Kano killed 180 people January 20, 2012 •The Kano bombings February 8, 2012 •Suicide bombing at the Army headquarters in Kaduna February 16, 2012 •Prison break in Central Nigeria, 130 prisoners released April 26, 2012 •Simultaneous bomb attacks on Thisday newspaper and Sun offices in Abuja and Kaduna June 3, 2012 •15 Church-goers killed in Bauchi June 17, 2012 •Suicide bombing attacks on three Churches in Kaduna claimed the lives of 100 worshippers.

Light at the end of the tunnel? ANALYSIS for the release of their members who are in detention. If this ‘offer’ by Boko Haram is effectively managed, there may be light at the end of the tunnel for the trembling polity. Other factions within the sect may toe the same line, based on the olive branch waxed at their colleagues quitting the war. Some stakeholders have canvassed a semblance of amnesty, but those who object to this idea have come up with the explanation that what Boko Haram is fighting for is unknown. Yet, if those laying down arms are made to regret their actions and retrace their steps, they would wreak more havoc. But there are some questions also begging for answers: what fraction of the whole sect is laying down arms? Can government dialogue with the faction, to the exclusion of the entire Boko Haram family? What is the reaction of the sect’s other members, who are wax-

ing stronger on the battle front and not ready to explore the dialogue option? Is Boko Haram now factionalised? Are members developing cold feet because the government is about to gain upper hand, judging by the military bombardment of their base in Mali, which is believed to be lending support for the violence in Northern Nigeria? Can suspects be released as demanded by the sect without facing the wrath of the law for blood-letting? What is the implication of dialogue with the bombers? Stakeholders who have objected to dialogue with Boko Haram sect pointed out that the approach is defeatist. They also submitted that dialogue with similar organisations in many African and Asian countries never yielded dividends of peace. Others canvassed the option of daring the arsonists by tracking them down and bringing them to justice. Their argument is that the nation is in agony and thirsty for justice.

The government has exercised caution in its response to this emergency. Like sensitive war-time leaders, President Jonathan has not done anything to aggravate the tense situation. He has rejected the pressure to label the members of the sect as terrorists. That •Shekau approach, fundamentally, is concil•The late Yusuf iatory. But the broader objective of BUBAKAR Shekau served OHAMMED Yusuf, dialogue may also be explored, as it as deputy leader to the born on January 29 is being argued, for the purpose of group's founder, January 1970 and unveiling the power brokers sustain- Mohammed Yusuf, who was killed in ing the onslaught against the coun- 2009. The Federal Government bekilled on July 30, 2009. try. Indisputably, security agents lieved that Shekau was killed in 2009 The late Boko Haram leader was have failed to nip the activities of the during clashes between security forces also known as Ustaz Mohammed sect in the bud. Therefore, dialogue and Boko Haram militants until July Yusuf. on a wider scale may also reveal the 2010 when he appeared in a video Born in Girgir village, Yobe State, strength of the sect, the identity of its claiming leadership of the group. the late Yusuf founded the militant financiers, arms suppliers, links with Islamist Boko Haram sect in 2002. In the video, Shekau indicated terrorist organisations and real moti- that he had been shot in the thigh He was its spiritual leader until vation for the affront. his death in 2009. but survived the wounds. However, dialogue has limitation. The group's official name is In June 2012, the United States Though, as a veritable tool for cri- (U.S.) State Department designated "Jama'atu Ahlis Sunna sis resolution and peace making, Shekau as a terrorist and in effect Lidda'awati wal-Jihad", which in dialogue with Boko Haram sect will froze any of his assets in America. Arabic means "People Committed require more political and profesto the Propagation of the Shekau was born in Shekau sional skills. Prophet's Teachings and Jihad”. village in Yobe State.

THE NATION TUESDAY, JANUARY 29, 2013

CITYBEATS

08033054340, 08034699757 E-mail:- ynotcitybeats@gmail.com

•The scene of the fire...yesterday

PHOTO: ISAAC AYODELE

Mile 12 market fire victims: we lost everything M

ILE 12 market, Ketu in Ikosi/Isheri Local Council Development Area (LCDA) of Lagos State, went up in flames on Sunday night, with goods and cash running into millions of naira destroyed. The goods destroyed included bags of rice, beans and garri; jerry cans of groundnut oil and palm oil; clothing materials, cartons of frozen chicken, turkey, fish and electronics, including deep freezers and refrigerators. The cash burnt was kept by traders in their shops. While the victims suspect arson, the market leaders attributed the cause of the fire to a power cable, which they said dropped on the roof of a shop and sparked the fire. The absence of Magistrate Adeola Adedayo of the Magistrates' Court, Tinubu, Lagos, yesterday, stalled further proceedings in the case of alleged unlawful importation of arms and ammunition involving 15 Russians. The Magistrate was said to have been transferred from the court when prison officials brought the suspects to court yesterday. The Magistrate had on January 11 this year, ordered their remand in prison upon an application by the Special Fraud Unit of the Police (SFU) in Lagos.

By Adebisi Onanuga and Damilola Owoyele

The police told The Nation yesterday that the cause was yet to be ascertained. The traders alleged that a social miscreant was sighted on the roof burgling the shop, adding that in an attempt to facilitate his escape, his colleagues torched the shops when they discovered that a trader had gone to report to the police. In the ensuing confusion, the suspect was believed to have escaped. It was said that the miscreants, popularly known as “area boys”, had been burgling the shops at night, carting away properties and cash.

A trader, Ajibola Alex, said he left his shop in the afternoon to attend a party and came back around 9p.m to meet it burgled and about N1 million stolen. Ajibola said he discovered that the burglars came in through the roof. He left his friends to keep watch while he ran to Mile 12 Police Station to report. He said while returning from the station with two policemen, he saw his shop in flames. Besides money, Ajibola said, bags of rice were also burnt. A rice merchant, simply addressed as Alhaja Aristo, said millions of naira that she kept in a deep freezer were burnt to ashes. She said the money came from one-week proceeds from two

trailer loads of rice. Mrs. Sola Omeke, a groundnut oil trader, said the shop where she kept hundreds of jerry cans of groundnut oil was razed. Omeke said: "I am finished. Everything I had, including money was in that shop". Iya Nuru, another trader, recounting her experience to sympathisers, said the burglars broke in through the window of a room belonging to another trader, Iya Ibeji, behind her shop. From there, she said, they entered her shop through the roof and carted away the proceeds of the sales made during the weekend. Iya Nuru said she was forced to keep the money in the shop since

the banks had closed. The Baba Oloja Jesu Oyingbo, Prophet Adewale Odumosu, said before the fire, the whole area was in darkness, adding that when electricity was restored, a cable fell off the pole and caused the fire. Odumosu said the traders had always been advised against keeping money overnight in their shops. Yesterday, some traders tried to salvage certain items from the debris. Others were trying to cordon off the burnt area to prevent it from being taken over by the government. This caused a disagreement among the traders, who accused one another of encroachment.

Our father's unfulfilled dream, by slain officer's son •Remains for burial February 8

E had a dream - to see two of his children gain admission into higher institutions. But he died with that dream on January 17 when he was killed by yet identified gunmen while on his way home from work. The late Johnson Olanrewaju, a retired naval officer, worked with Cardinal Securities in Lagos as a security officer. His son, Olalekan relived his wish yesterday amid preparations for the late Olanrewaju's funeral on February 8. Olanrewaju's wife, Modupe, and son, Tunde, watched helplessly as three gunmen intercepted his blueToyota Avensis car, just a stone's throw to their 27, Adeyemi Street, Alakuko, Ogun State home. They forced the late Olanrewaju into the car’s booth and drove off. The police found the car on Ota Road. The late Olanrewaju’s remains will be buried on February 8 at Ajah Cemetery after a wake-keep at the family's Alakuko residence on February 7. "Though our father had a plot of land under development at Ajah, we are burying him at the cemetery, according to his wish," Olalekan told The Nation yesterday. He added: "Before the incident, our father had been looking forward to

By Dada Aladelokun, Assistant Editor

when Bukky and Dipo, my younger ones, would secure admission into higher institutions. In fact, he had planned to take them to Ilorin the week after he was murdered for the processing of their admission. It is painful that the admission is being actualised after his murder." Asked about the police handling of the matter, Olalekan said: "Well, for now, we want to bury our father. And the police had asked us to notify them two days to whenever we want to bury him; that we shall do."

•The late Olanrewaju

THE NATION TUESDAY, JANUARY 29, 2013

CITYBEATS

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Police ‘ smash fake currency syndicate T HE police in Lagos have smashed a fake currency printing syndicate, arresting five suspects. The syndicate, which specialised in printing local and foreign currencies, has allegedly been operating for about five years. Femi Jacob, Ramon Adeoye, Akeem Ayodabo, Isaka Usman and Onyeka Ibe, were paraded yesterday at the Command Headquarters in Ikeja, by the Commissioner of Police, Umar Manko. Jacob and Ayodabo are said to be printers heading two of the syndicate's branches. Ibe is suspected to be their client, who used fake and original currencies to buy electronic products, which he sells in Onitsha, Anambra State. Adeoye was described as a distributor of fake currencies, which he supplies to Bureau de Change operators within and outside the country. Usma reportedly helped Ayodabo to print and distribute the fake currencies. Over N100 million worth of fake currencies, including US dollars, pounds sterling, euros and Ghanaian cedis, were recovered from the suspects. Also recovered were 22 fake currency printing and one cutting machines. Parading the suspects, Manko said the officer-in-charge of the Special Anti-robbery Squad (SARS), Mr Abba Kyari, a Superintendent of Police (SP), got wind of the syndicate's operation at 6 Ogunlana Street, Alagbado, a Lagos suburb. He said Kyari led SARS operatives to the place where surveillance was mounted and Femi and Ramon arrested. He said Femi took the police to Ikorodu where they arrested Usman and

‘

By Jude Isiguzo and Ebele Boniface

Ayodabo. Femi, who confessed to being a smuggler before joining the syndicate, told The Nation that he sells a bundle of fake N100, 000 for N3,000, and one bundle of fake $100 for N4000. He said he started the illegal business about three years ago and has made "a lot of money from it". He said: "When any currency is given to you, pour water on it. If it is fake it will tear immediately. If you do not have water, use your saliva. You can also find out if it is fake by squeezing and dropping it on the table, it will not remain squeezed if it is fake." According to him, he used to be a printer until somebody introduced him to the fake currency business. "The first business we did we made so much money and that was why I remained in the business", he said, adding that one of his distributors, Mallam Ibrahim, a Bureau de Change operator, is at large. Ibe said he was duped by some fake money launderers who later introduced him to the illegal business. He said: "I was duped by some people who came to my shop in Onitsha and bought all my goods with fake currencies. After going to the police for several months without any success, I met the people who duped me again and they decided to introduce me to the fake currency business". Ibe said in less than two months he recovered all his money and also made so much money buying goods with fake currencies. He said he was arrested when he came to Lagos to buy another batch of fake currencies from his supplier. "I did not know Femi had been arrested by the police. He called

•The suspects being paraded with their equipment...yesterday

•Some of the fake currency notes on display...yesterday me from the police station and told me that he has new and more genuine fake currencies for sale. It

Lagos to sanitise public places

O eradicate defecation in public places, the Lagos State government has adopted community-led total sanitation. Commissioner for Rural Development, Cornelius Ojelabi, said the measure would tackle open defecation and promote household latrine construction. The approach, he said, is used globally for scaling up sanitation, adding that it has been tested in Nigeria and found appropriate. Ojelabi said the government would concentrate on providing sanitation facilities in public places and sought residents' cooperation to achieve the objective. "The adoption of this model is sequel to the global and national successes recorded by the approach and our quest for excellence," he said, adding that the adoption would help to improve sanitary condition. "Lagos State aims to be one of the top ten megacities in the world in terms of living indices. To achieve this noble desire, there is need to intensify efforts to scale up sanitation, most especially as a proactive measure to the report of WHO/UNICEF joint monitoring programme for water and sanitation which states that about 1.1 billion people in the world still defecate openly and that 81 percent of the reported data is accounted for by just 10 countries in the world, of which Nigeria is inclusive," he said. The report, Ojelabi added, noted that over 100 million Nigerians had

•Governor Babatunde Fashola UNICEF under the FG/UNICEF Country programme to organise the training programme.

'Create jobs to reduce insecurity'

OVERNMENT has been advised to shift attention from the oil sector and develop the agricultural and other sectors of the economy in order to create jobs as it will help the country in dealing with the current insecurity challenges. The Supreme Head of the Cherubim and Seraphim Unification Church of Nigeria, His Most Eminence, Abel Akinsanya, said this yesterday at a press briefing to announce the commencement of the church's annual General Conference for the year. Akinsanya who was accompanied by His Eminence, Bola Adeuja, and Solomon Alao, said government should invest more in mechanised farming and develop rural community as it would help reduce the rate of crime and insecurity in the country. "Massive unemployment among our

was those currencies that I came to buy and was arrested by the police", he said.

Manko said investigation was ongoing adding that the suspects would be charged to court soon.

Phase 2 rehabilitation of Oshodi/Apapa Expressway resumes soon

By Miriam Ekene-Okoro

no access to improved sanitation like latrines and toilets, with about 33 million defecating openly. "Going by the national population estimates, which put the population of Nigeria at 150 million, it implies that about one in every five Nigerian defecate openly while about two in every three Nigerian do not have access to improved sanitation," he added. Ojelabi said the rising cases of open defecation led the government, in collaboration with the United Nations Children Fund,

PHOTO: EBELE BONIFACE

By jude Isiguzo

youths is causing restiveness all over the country and it has contributed to the rising crime rate", he explained. He urged the federal government to stop the revenue-sharing formula where Local Government executives would only be able to get money through the state government. Akinsanya said federal government should pay directly to local councils’ accounts to encourage grassroots development and reduce corruption at the level. He noted that one of the ways to improve security is to create local community policing and ensure improved funding for all security agencies in the country. H esaid that since government said that sponsors of terrorists were within the corridors of power, it should find a way to deal with the culprits and not protect them.

ALHAJI Kabir Abdullahi, the Director, Federal Highways (South West), has said that Julius Berger Plc would soon begin work on the Phase II rehabilitation of Oshodi/Apapa Expressway. Abdullahi told the News Agency of Nigeria (NAN) on Sunday: "We have several projects in the South West on our priority list for 2013 but the immediate ones are the Lagos/Ibadan Access rehabilitation and Phase II of Oshodi/Apapa Expressway reconstruction. We are in the process of awarding the contract and we hope that by next week, the process will be completed. Julius Berger will start work on the bad portions in the next couple of weeks." He further said that the company had concluded work on Phase 1, adding that the road had been overlaid and drainage channels constructed, adding that Messrs Borini Prono Nig. Ltd was working on the other stretch of the road. Also, the Project engineer, Mr Godwin Eke, told NAN that the Phase II of the project would cover about three kilometres and would be reinforced to cater for the heavy traffic on the road. Eke, a Deputy Director in the Federal Ministry of Works, said that Phase I started from around Trinity bus stop to Sanya while Phase II would start from Cele area to link Sanya bus stop area on the Apapa side. He explained that phase II would be constructed with strong materials to accommodate heavy traffic on the axis. He further said: “Beachland Estate around Trinity was originally not part of the project but containers were falling everyday. It was supposed to have been done by Borini Prono but because of funds they could not handle it. From our savings, we decided to repair Beachland, the carriage way, did a culvert and a large drainage to empty the water. We also carried out repairs on some portions of the carriage way that was really bad," he said

Fashola raises alarm over scam mail By Miriam Ndikanwu

LAGOS State Governor Mr. Babatunde Fashola (SAN) has raised the alarm over scam emails seeking to extort money from unsuspecting members of the public. The purported emails are requesting public to deposit N2,700 to a bank account opened in one of the New Generation Banks, being the fee for an employment form. In a statement signed by the Special Adviser on Information and Strategy, Mr Lateef Raji, the government urged the public to be wary of such emails. The statement said the bank account was opened in the name of one 'Onyebe Earnest.' The statement said the account's owner has been sending bulk SMS, supposedly from 'CSC LAGOS.' Raji further said that employment in the Civil Service Commission does not require payment of any fee, adding that government would take every legitimate action to ensure that those behind the scam are apprehended and brought to book. It could be recalled that the governor telephone number and e-mail address was also hacked by fraudsters recently, who demanded for money from unsuspected members of the public. Governor Fashola enjoined Lagosians to disregard the messages saying, "They were not from me."

THE NATION TUESDAY, JANUARY 29, 2013

NEWS Gunmen kill eight in Borno

•From left: Mrs. Irene Gbemisola Yinka –Abiodun, Director; Mr. Rasheed Olaoluwa, CEO UBA Capital Plc; Mr. Emmanuel Nnorom, CEO UBA AFRICA; Chief (Mrs.) Eniola Fadayomi (MFR, FIOD), Chairman Board of Directors; Ammuna Lawan Ali, Director (Independent); Peter O. Ashade, CEO Africa Prudential Registrars Plc; Mrs. Marie-Gisele Lawson and Mr. Samuel Nwanze, Director, during the inauguration of Africa Prudential Registrars Plc’s Office Complex, in Lagos.

Pension fund chief pays N720,000 fine for stealing N32b EFCC kicks against judgment

Continued from page 1

532 Laws of the Federal Capital Territory, Abuja, Nigeria 2007. Justice Abubakar Talba fined Yusuf N250,000 for each of the three-count charge. In the alternative, he is to spend two years in jail — a sentence the EFCC considered a slap on the wrist. Yusufu pleaded guilty to counts 18, 19 and 20 in which he was alleged to have connived with other accused persons to convert N24.2 billion, N1.3 billion and N1.7 billion belonging to the Pension Office to their own use. The offence is punishable under Section 309 of the Penal Code Act, Cap 532, Laws of the Federal Capital Territory, Abuja, Nigeria 2007. The other accused persons are the Permanent Secretary in the Office of the Head of the Civil Service of the Federation, Atiku Abubakar Kigo; a director, Esai Dangabar, Ahmed Inuwa Wada, John Yakubu Yusufu, Mrs. Veronica Ulonma Onyegbula and Sani Habila Zira. Mrs. Uzoma Cyril Attang and Mr. Christian Madubuike were joined in the amended

HE Economic and Financial Crimes Commission (EFCC) yesterday rejected a sixyear jail term with an option of fine for John Yakubu Yusuf, one of the six persons standing trial in the N32.8billion Police Pension scam. The option of fine given to the convict by Justice Mohammed Talba of the FCT High Court is N750, 000. Apart from the jail term, the former assistant director of Police Pension office is to forfeit 32 properties and N325.187million to the Federal Government. The commission, in a statement by its Head of Media and Publicity, Mr. Wilson Uwujaren, said it would file an appeal against the judgment. The statement said: “The EFCC has expressed reservation about the ruling of an FCT High Court, Abuja which handed a six-year jail term, with the option of N750, 000 fine to John Yakubu Yusufu, one of the six persons standing trial in the N32.8billion Police Pension

charge yesterday. The other accused persons maintained their plea of not guilty. Mrs. Attang, who is still in service as Director of Finance and Accounts in the Ministry of Communications, was a director at the Police Pension Office between 2007 and 2008. The prosecution counsel,

“Further details will be communicated as events unfold.” The assailants killed the deputy treasurer of the local government, a woman and six other persons, it was learnt. The gunmen were said to have selected some households in the community and carefully carried out the assassination of the eight persons. Mallam Musa Grema, a resident of the town who spoke to journalists on a mobile phone, said he saw eight persons, including three young men, when the bodies were brought out for burial. Lt-Col. Musa confirmed the attack on the community in a text message to reporters but did not give the exact numbers of victims. He said: “Gagiganana community in Magumeri Local Government Area of Borno State was attacked by unknown gunmen at about 3am on Sunday. Information revealed that lives were lost; the exact numbers cannot be ascertained now.

Lawyers: amend anti-corruption law

From Yusuf Alli, Abuja

scam. “Justice Mohammed Talba convicted and sentenced Yusufu to two years imprisonment with the option of N250, 000 fines on three of an amended 20-count charge. “The Commission is of the view that the option of fine runs contrary to the understanding between the prosecution and the defence wherein the convict consented to a custodial sentence with the forfeiture of all assets and money that are proceeds of the crime. “The agreement was duly communicated to his lordship. The Commission will study the ruling and respond appropriately. “The six accused persons in the police pension scam were first arraigned on March 29, 2012, on 16-count criminal charges bordering on conspiracy and criminal breach of trust. “The other accused persons were Esai Dangabar, Atiku Abubakar Kigo, Ahmed Inuwa Continued on page 59

Mr. Rotimi Jacob (SAN), urged the court to convict Yusuf accordingly. He also brought an application seeking for the forfeiture of 13 properties scattered between Gombe State GRA and Abuja, which the anti-graft agency seized from Yusufu as proceeds of crime. He also prayed for an order

UNMEN on Sunday killed eight persons at Gajigana, a remote village in Magumeri Local Government Area of Borno State. Some residents of the area told reporters in Maiduguri yesterday that the gunmen invaded the community in the early hours of the day to unleash the mayhem. “About 20 gunmen invaded the village around 3 a.m., divided themselves into groups and assaulted the villageers in various directions. “Eight persons were killed at the end of the attack,” Malam Bulama Bukar, a resident, said. Bukar said five others were injured during the attack. Lt.-Col. Sagir Musa, the spokesman of the Joint Task Force (JTF) or Operation Restore Order (ORO), the special military squad fighting insurgents in the are confirmed the report. “Information revealed that lives were lost during the attack but the exact number is yet to be ascertained now.

forfeiting the N325 million found in the convict’s account. “We urge you to take into account these properties and the money so that the court can make an order for the proceeds from the sales of the properties should go back to the Police Pension Office for the payment of the entitleContinued on page 59

AWYERS yesterday canvassed an amendment to the law to facilitate stiffer punishment for corruption convicts. They were reacting to the sixyea-jail term or a N750,000 fine for former Police Pension fund Director Mr. John Yakubu Yusuf. Chairman of Nigeria Bar Association (NBA) in Lagos Mr. Taiwo Taiwo and the NBA chief (Ikeja) Mr Monday Ubani, said there was no alternative to a review of the law. Taiwo said lawmakers should be held responsible for

By Precious Igbonwelundu

the lapses in the law. He said: “What does the law say if someone is convicted for that crime? If the law says upon conviction two years or option of fine, then it is really the fault of the lawmakers. “It shows their insincerity to the fight against corruption. The law should be made stiffer if we are serious about fighting corruption. “On the other hand, the man in question is to forfeit some of his properties, which if not for Continued on page 59

APOLOGY The Central Bank of Nigeria (CBN) did not remove Dr. Cosmas Maduka from the board of Access Bank Plc over alleged infringement on the rules and regulations set by the apex bank, contrary to the story in the Sunday edition of this newspaper. Maduka , having served his two terms on the bank’s board, stepped down according to the existing policy on tenure of board members. The CBN policy stipulates that no director shall serve more than 12 years on the board of a bank. His exit also has nothing to do with the outcome of the riskbased examination of the bank by the CBN in 2011. We apologise to Dr. Maduka and Access Bank for any discomfort the story may have caused —Editor

Boko Haram: no more fighting...for now

Continued from page 1

treating gun shot wounds. Ibn Idris, who spoke in Hausa, said: “I’m Sheikh Muhammed Abdulazeez Ibn Idris, the second commander in charge of southern and northern Borno after Imam Abubakar Shekau of Jamaatul Ahjlil Sunna lidawati wal Jihad, otherwise known as Boko Haram. For sometime now, we the members of Jamaatul ahlil Boko Haram sunna lidawati wal jihad, otherwise known as Boko Haram, recently held a meeting and dialogue with the government of Borno State where we resolved that giving the prevailing situation, there is the need for us to ceasefire. “We, on our own, in the top hierarchy of our movement, under the leadership of Imam Abubakar Shekau, as well as some of our notable followers, agreed that our brethren in Islam, both women and children, are suffering unnecessarily; hence we resolved that we should bring this crisis to an end. We, therefore, call on all those that identify themselves with us and our course to, from today, lay down their arms.”

We’re studying situation, says Fed Govt

HE Federal Government will speak on the Boko Haram ceasefire offer after it has critically studied the conditions given by the sect. According to a Presidency source, who does not want to be quoted, the government is not in a hurry to jump at the offer. “From our experience, the sect is not reliable and their words cannot be taken on its face value. “All facets of governmental apparatus would be consulted before a final decision is taken on the matter. We are not in a hurry to jump at their offer”, he said. He said though the government is committed to dialogue, it would not negotiate with any group from a position

He said: “Let every member who hears this announcement relay it to the next member who hasn’t heard. We have met with the Borno State government on two occasions and the fallout of the meetings is to ceasefire. Presently, we are going to comply with the ceasefire order and by the time we are done with that, government security agencies can go ahead to arrest whoever they

From Augustine Avwode and Augustine Ehikioya, Abuja

of weakness. He said proactive security measures would continue to be taken to safe guard the lives and property of Nigerians. President Goodluck Jonathan was urged to seize the opportunity offered by the ceasefire to end the misery the campaign by the sect has foisted on Nigerians. Former chairman of the Arewa Consultative Forum (ACF) General I. B. M Haruna and retired Commissioner of Police Abubakar Tsav, stated this last night. Gen. Haruna described the ceasefire news as “very welcome”. Tsav called it “good omen”. Haruna said anything that would ensure security of lives and property is welcome and it is desirable that the

find carrying arms or killing in our names.” Idris also said: “We are very much aware of the fact that some criminals have infiltrated our movement and continued to attack and kill people, using our names. “We have also told the government to try to live up to our demand, that our members in detention should be released. We hope the government will

government make maximum use of it because that is the primary duty and responsibility of the government. “This is a welcome news. It is because anything that will engender peace, security of lives and property, and boost economic activities is certainly welcome. Government should make good use of this opportunity because the primary responsibility of any government is to ensure peace and security of lives and property.” Tsav prayed that the news should not be a hoax. He said: “My first prayer is that it should be realistic; it should not be a deceit. If it is true, then it is a very good omen for the return of peace to the country. What government should do is to take advantage of this development immediately.”

not betray us this time around, because we all know that it was because of the continued detention of our members that this crisis has dragged on for this long.” He warned that should the government fail to meet up with the terms of the ceasefire, the sect will resume hostilities. He admitted that the group is factionalised. He said: “There is a faction

within us, but the larger faction of our movement is the one in support of this ceasefire moves. Moreover, once top members of our group, including Imam Abubakar Shekau, are in support of the need for cease fire, other smaller factions can be dealt with easily.” Idris said: “This message, by the Grace of Allah, comes directly from the office of

•Dr. Jonathan

Imam Abubakar Shekau, the supreme leader of Jamaatul ahlil Sunna lidawati wal Jihad.” The Special Adviser to Borno State Governor Kashim ShettiContinued on page 59

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THE NATION TUESDAY, JANUARY 29, 2013

NEWS

4,000 retired policemen yet to receive pensions, says minister

OUR thousand retired police officers are yet to receive their pensions, Minister of Police Affairs Navy Capt. Caleb Olubolade (rtd) has said. He said the number could be more, as more files of retired officers were still being processed. According to Olubolade, the backlog of the unpaid gratuities would soon be cleared as the verification of those dropped in the last bio-data capturing exercise had been identified. He said: “It is hoped that the assignment will solve the challenge of data irregularities and enhance an efficient pension administration. “I also hope that it will assist the Police Pensions Office in its responsibility of generating an accurate data base for budget purposes and planning.” Olubolade, who said this in his 2012 report on the ministry, added that the Nigeria Police is faced with the challenge of poor funding, which has hampered some of its projects. Said he: “In the face of the current security challenges in the country, the capacity of the Nigeria Police to confront the development has been constrained by the dwindling financial provisions for the force.” The minister said the operational capacity of the police had been enhanced through training, capacitybuilding, delivery of 1,500 patrol vans and 90 cars, strengthening of the AirWing Section and acquisition of a strategic intelligence platform.

Panel seeks cut in perm secs’, directors’ allowances

By Joseph Jibueze

Olubolade said the ministry sent two bills to the National Assembly: the Nigeria Police Force Reform Trust Fund-Establishment Bills and the Nigeria Police Academy (Establishment, etc) Bill 2012. Another policy, he said, was the establishment of a database of companies involved in the activities of explosives, seismic, radio active, biological and chemical materials at the Force Headquarters, Abuja and Lagos. Also created were 10 new Explosive Ordinance Device (EOD) Sub-Units in Bauchi, Birnin Kebbi, Dutse, Gombe, Gusau, Jalingo, Lafia, Lagos, Minna and Umuahia to address terrorism. The minister said: “The completion and implementation of the ongoing reform programme is a marked departure from the previous unsuccessful efforts at reforming the Nigeria Police. “However, the ministry and NPF have to contend with inadequate funding despite increase in violence and criminality as well as consistent growth in the manpower strength of the force.” According to him, last year’s capital expenditure for the police was N9,656,295,375; overhead cost was N8,103,952,375; personnel cost was N290,713,993,403; while “capital supplementation” (contribution to the reform programme) was N12,300,000,000. On the budget performance, Olubolade said: “The capital budgets of the ministry, Nigeria Police Formation, Police Pension Office as well as Nigeria Police Reform Programme were

funded at 47.8 per cent, 72.9 per cent, 40.7 per cent and 68.5 per cent as at December 31, 2012. “The utilisation of the money released as at this date stands at 99.2 per cent, 50.3 per cent, 97.6 per cent and 79.6 per cent for the ministry, Nigeria Police Formation & Commands, Police Pension Office and Reform Programme.” The minister said more funding is required to transform the police to an efficient and effective peoplefriendly force that would measure up to the expectation of Nigerians in the 21st Century. According to him, police funding in the past 13 years weighed more in favour of personnel emolument, which rose due to increase in strength and the various interventions of government to boost the morale of the officers and men through enhanced income. He said: “We can all attest to the rise both in size and sophistication of crime and criminality over time, far beyond the available resources.” Olubolade added: “The Federal Government is committed to the provision of an annual contribution of N79.02 billion towards the implementation of the Reform Programme. Only N65.6billion and N17.1billion were released in 2010 and 2011. “In fiscal year 2012, N12.3 billion was appropriated, representing 15.6 per cent, while only N12 billion has been released.” He said the President Goodluck Jonathan administration is committed to improving the lot of police-

men and equipping them to fight crime. Said he: “I want to place on record that the commitment of Mr. President to train, equip, rehabilitate police barracks, stations, provide feeding for police personnel on special duties and pay salary and pensions of police personnel when due has boosted the morale and performance profile of the NPF. “The ministry and the Nigeria Police are committed and working to ensure that the police are efficient, effective and people-friendly in line with world best practices that will measure up to the expectations of Nigerians in the 21st Century.” The minister said the implementation of the non-financial component of the reform programme began in 2009. He said the curricula of police training institutions have been reviewed with emphasis on intelligence training, thorough knowledge of rules, regulations and international best practices in policing. The Police Academy, Wudil, Kano, which will soon become a degreeawarding institution, would begin academic activities in April, the minister said. Olubolade noted: “Through the Federal Government support to the Reform Programme, which began in 2010, some immediate dividends of the investment are being realised. “Substantial investments in training and capacity-building in crowd control and management, weapons handling, musketeering, etc have achieved about 40 per cent reduction

in cases of accidental discharge. “The Constables Development Programme of Five Years and Above Refresher Course as well as other courses in community policing, greatly contributed to the professional conduct and positive attitude of officers and men of the Nigeria Police in the 2011 general elections and subsequent staggered elections as attested to observers. “The delivery of 1,500 patrol vans and 90 cars have enhanced the response time of the Force to crime and rescue calls. “The Air-Wing Section of the Nigeria Police has been strengthened through the completion of the Hanger project in Abuja and substantial addition to the fleet of the Force. The Air-Wing currently has nine helicopters, while additional four are being expected. “A new CESSNA Citation XLS was delivered to the Force for high level command and control duties. Consequently, the Force has come to be adjudged to possess the best Air-Wing Section in West Africa. This feat has enhanced its response in crisis situations and surveillance activities. “A strategic intelligence platform has been acquired; the Force can now deal with the menace of kidnappers. “A national public security communication project with national coverage is being installed, which will be inaugurated soon. “The development of Police Academy, Wudil and Police Staff College, Jos, are at various stages, with the completion of ongoing projects as scheduled.”

From Augustine Ehikioya, Abuja

HE Presidential Committee on the Reform Processes in the public sector yesterday recommended a cut in the allowances of permanent secretaries and directors in the federal civil service. The recommendation was made when the committee, led by Adamu Fika, submitted its report to the Secretary to the Government of the Federation (SGF), Senator Anyim Pius Anyim, in Abuja. The committee also pushed for the abrogation of the tenure policy in the public service. It was set up to review the tenure of top civil servants, which had generated bad blood among some of its members. According to the committee, the tenure policy, which was introduced in 2009, was done without carrying out any impact assessment study, stressing that the tenure policy for permanent secretaries and directors was a violation of their rights. It said the policy infringed on the terms of engagement of the officers concerned.

South Africa to investigate death of Nigerian From Victor Oluwasegun and Dele Anofi, Abuja

OUTH Africa will investigate the death of a Nigerian, who was alleged to have died in the custody of the police. The outgoing South African High Commissioner in Nigeria, Mr. Kingsley Mamabolo, said this in Abuja yesterday when he received the House of Representatives Committee on Diaspora. Reacting to a statement by the Chairman of the committee, Abike Dabiri-Erewa, the envoy promised that the South African government would look into the reported case of the Nigerian killed in South Africa. The High Commissioner, however, attributed the protest in South Africa to lack of adequate information and wrong perception.

•Oyo State Governor Abiola Ajimobi (left) discussing with the National Leader of the Action Congress of Nigeria (ACN), Asiwaju Bola Tinubu and the widow of Justice Kayode Eso, Helena, when Tinubu paid a condolence visit to the Eso family in Ibadan recently.

Court orders Access Bank to withdraw suit against Ubah, Capital Oil

FEDERAL High Court in Lagos yesterday ordered Access Bank Plc to withdraw a suit it filed against Capital Oil and Gas Limited and its promoter, Ifeanyi Ubah, in England. The court ordered the bank to discontinue the suit within 48 hours and exhibit a notice of discontinuance at the next hearing date. Justice Okon Abang, in a ruling, faulted the bank’s decision to secure an order from a London court despite a subsisting order of his court barring Access Bank and others from interfering with the property and business interests of Capital Oil and Gas Limited pending the determination of a suit by Ubah and his company. The judge upheld arguments by the lawyer to Ubah, Wole Olanipekun (SAN), that by heading for London over a dispute in relation to a transac-

By Eric Ikhilae

tion that took place in Nigeria, the bank has “ridiculed the Nigerian judiciary.” He restrained the bank from enforcing the order made by the London court on the assets and business interests of Capital Oil. The judge held that Ubah was at liberty to apply to his court for leave to begin contempt proceedings against the bank and its principal officers. He further held that Ubah and his company could sue for damages if they so wish. The ruling was on an application by Ubah and his company, challenging the propriety of a worldwide assets-freezing order obtained by Access Bank from the London court on November 9 last year, in relation to issues that formed the subject of the

pending suit before the Nigerian court. Olanipekun argued on Friday that the respondents in the suit before the Nigerian court, Access Bank and Coscharis Motors Ltd, violated the earlier order of the court. He said upon the order made last year by Justice Abang, the respondents went before the London court and obtained the worldwide assets-freezing order, an action, he argued, vio-

lated the earlier order made by the Nigerian court. He described the steps taken by Access as ‘banking lawlessness’ and one that is condemnable. He tendered documents relating to the London proceedings.

ON MONDAYS TO SATURDAYS

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MONDAY 28TH JANUARY, 2013

THE NATION TUESDAY, JANUARY 29, 2013

NEWS

Osun awards N1b rural electrification contracts

HE Osun State Government has awarded N1,059,427,861 contracts for the electrification of 24 rural communities. Three of the projects, estimated at N83,669,378, will be executed through direct labour. The remaining 21 will be handled by contractors. The Commissioner for Information and Strategy, Mr. Sunday Akere, told reporters that 30 per cent mobilisation fee would be paid to the contractors. The projects are to be completed in nine months. Akere said the Governor Rauf Aregbesola administration is determined to ensure steady electricity supply in all parts of the state, so that its six-point integral action plan can be achieved. He said the N878,903,767

•N340m spent on WAEC fees, N91.6m on drugs From Adesoji Adeniyi, Osogbo

contract for the completion of external works at the Osun Secretariat car park, pool area and pond/lake side utilities had been awarded to Messrs Techno Katagun Construction Company Ltd. Messrs Archi Consult Ltd. will handle the consultancy for the project at N29,711,634. The commissioner said a N73,663,445 contract had been awarded to Ereka Nigeria Ltd. for the completion of the dam gates at Ede and Eko-Ende water works to ensure uninterrupted supply of water. The contractor is expected to provide illumination for the two water works and the projects are to be delivered in six months.

The contract for the rehabilitation of the 6.42km Ipetumodu/Ode-Omu road has been awarded at N323,419,099 and is to be done by direct labour. It involves site clearing, construction of roadside drains, earth work, provision of MM tick stone base and 50 MM tick asphalt and the marking of lanes. The project is to be completed in five months. Akere said the government has paid N340 million West Africa Examination Council (WAEC) fees for 33,000 pupils in public schools. The fee was paid for all SSS III pupils. The commissioner said Deputy Governor Titilayo Laoye-Tomori, who is also

the Commissioner for Education, has been directed to look into complaints that some pupils were excluded. He said the government was restructuring schools into elementary, middle and high schools. Akere said ongoing beautification work at Oke-fia/Alekuwodo/Ola-Iya/Fakunle would be completed in 60 days. Akere said the government has awarded a N91,616,681 contract for the supply of drugs and medical consumables to state-owned health facilities. The contract will be handled by 22 contractors. The contractors will not be given any money for mobilisation. They will be paid on

delivery. The drugs are to be delivered within two weeks and the contractors are expected to pay taxes, including a 10 per cent VAT. Akere said: "This decision is meant to ensure that we always have drugs in our hospitals. It is part of the administration's effort to ensure healthy living among the people." He said the governor would soon inaugurate the state ambulance scheme, tagged: O'Ambulance, to make healthcare delivery available and accessible. On the social security scheme for the elderly, tagged: Agba Osun, the commissioner said the process for the automation of payment has been completed and henceforth, the allowance would be paid into the account of beneficiaries. He said beneficiaries would be given cheque books and ATM cards. Akere said efforts are being made for bank officials to take the allowance to the home of beneficiaries, who cannot move around. Akere said the contract for the Okuku township roads has been reviewed from N386,645,370 to N411,325,708.23. He said the contract was reviewed for the completion of the project, which was awarded by the last administration but was abandoned. The contractor was paid N275,662,826 by the previous administration. The commissioner said the contract for the completion of the rehabilitation of the Osu/ Iloba/Okebode/Kajola road has been reviewed with an additional cost of N86 million. He said the contract, which was awarded to Messrs Du-

•Aregbesola

tum Construction Nigeria Ltd in 2006 by the last administration, was reviewed because of the rising cost of construction materials and would be completed in nine months. Akere said the contract for the rehabilitation of 20km township roads in Ikirun, which was awarded to Messrs Hajaig Construction Ltd by the last administration, has been reviewed. He said the contract is 57.6 per cent complete and was reviewed to enable the contractor finish the job. On the newly awarded contract for the building of 10km roads in each local government, the commissioner said over 50 contractors have moved to the sites. The commissioner said a team had been set up to monitor the projects and ensure that they are delivered on time. On dilapidated buildings across the state, Akere said the sensitisation of residents on the danger of dilapidating structures by the Ministry of Land was yielding results. He said 27 of such structures had been demolished by their owners and 169 rehabilitated. The commissioner urged owners of dilapidated buildings to act fast to forestall avoidable accidents.

‘Oyo PDP lacks construction HE Action Congress of knowledge’ Nigeria (ACN) in Oyo

State yesterday said the state chapter of the Peoples Democratic Party (PDP) “knows nothing” about construction. It said “this lack of knowledge” affected the state when the PDP administered its affairs. ACN was reacting to the PDP’s allegation that the contract for the Ibadan flyover was inflated. The PDP queried the gap between the Ibadan bridge, estimated at N2.5 billion and the 2.5km Lalubu-Ibara-Totoro bridge in Ogun State, which cost N1.5 billion. In a statement by its Publicity Secretary, Mr. Dauda Kolawole, ACN said: “We are awestruck that a political party could advertise its naivety this shamelessly. The PDP should have demanded details of the two bridges. The details would have shocked it and averted this shameless plunge that it has made. “The Ogun bridge is 400 metres in length, while the one being built in Oyo is 640 metres. Apart from the difference in their length, ours includes the provision of ancillary facilities to the bridge. These include the construction of roads on both sides of the bridge, rehabilitation of adjoining roads, construc-

tion of standard one-metreby-one-metre reinforced concrete drains, beautification of the road, landscaping and street-lighting. “It is apparent that the PDP is too illiterate to understand that these facilities are part of the construction of an overhead bridge. In the history of the PDP’s reign in Oyo State, it never built a road of that quality. “It is sad that a party that claims to be in the opposition does not have a clear understanding of its role, had no details of what it wanted to criticise and was merely groping in the dark because of the limitation of its runners. “The other day, the Accord leader, who is also a former PDP leader, said he dreamt of building an overhead bridge! Sensing the bridge’s imposing nature and the kudos it has been attracting to the Ajimobi administration, it is lamentable that there have been several attempts by the PDP and its Accord variant to discredit it. “However, every attempt they have made has landed them in greater shame. They had better accept that the Ajimobi administration is far ahead of them in initiatives and the mental grasp in the art of governance.”

THE NATION TUESDAY, JANUARY 29, 2013

BUSINESS THE NATION

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Risk management could entail avoiding the risk completely, reducing the negative impact of the risk through risk mitigation actions, transfering or sharing the risks with other parties and retaining the risk; ie, accepting some or all the consequences of the risk and budgeting for it. - Mallam Sanusi Lamido Sanusi, CBN Governor

Naira weakens on oil imports demand for dollars

HE naira fell the most in almost a week on demand for dollars to fund gasoline imports. It weakened 0.1 per cent, the most since January 23 to N157.13 a dollar, according to data compiled by Bloomberg. Nigeria relies on imports to meet 70 per cent of its fuel needs because of inadequate refining capacity, according to the Petroleum Ministry. Fuel imports have been a source of pressure on the naira, the Central Bank of Nigeria, has said. “Some oil importers got their import permit from the Pipeline and Petroleum Pricing Regulatory Agency last week and are demanding dollars,” Tunde Ladipo, Chief Executive Officer of Valuechain Investment Limited., said by phone today. The CBN kept its benchmark interest rate unchanged for the eighth time on January 21. The regulator, which sells dollars to lenders at auctions on Mondays and Wednesdays to stabilise the naira, sold $150 million at yesterday’s auction, unchanged from the sale on January 23, it said in an e- mailed statement. The inflation rate in December eased to 12 per cent, from 12.3 per cent in the previous month, as the effects of flooding that damaged agricultural output last year began to subside. The yield on the country’s 16.39 per cent domestic bonds due January 2022 fell two basis points to 11.28 per cent in the secondary market, according to January 25 data on the Financial Markets Dealers Association website. The yield on $500 million of Eurobonds due January 2021 rose three basis points to 3.802 per cent today.

DATA STREAM COMMODITY PRICES Oil -$107/barrel Cocoa -$2,686.35/metric ton Coffee - ¢132.70/pound Cotton - ¢95.17pound Gold -$1,800/troy ounce Rubber -¢159.21pound MARKET CAPITALISATIONS NSE JSE NYSE LSE

-N6.503 trillion -Z5.112trillion -$10.84 trillion -£61.67 trillion

RATES Inflation -11.7% Treasury Bills -7.08% Maximum lending -22.42% Prime lending -15.87% Savings rate -2% 91-day NTB -15% Time Deposit -5.49% MPR -12% Foreign Reserve $43.5b FOREX CFA -0.2958 EUR -206.9 £ -242.1 $ -156 ¥ -1.9179 SDR -238 RIYAL -40.472

• From left: Chief Financial Officer, Al-Qahtani; Director, Jaiz Bank PLC, Tarik MumtazUmaru Kwairanga; Vice Chairman, Salah Al-Qahtani, Al-Qahtani; Chairman, Oriental Energy Resources Limited and Director Jaiz Bank PLC, Dr. Mohammed Indimi; Managing Director/CEO Mohammed M. Bintube, Director, Jaiz Bank PLC, Musbahu Bashir and Executive, Oriental Energy Resources Limited, Mr Rick, during the official visit of Al-Qahtani Group, a Saudi-based company to the Bank's Head Office in Abuja.

Minister, FIRS disagree over new property tax for Abuja F EDERAL Capital Terri tory (FCT) Minister Senator Bala Mohammed and the Federal Inland Revenue Service (FIRS) yesterday disagreed over a proposed property tax law for the FCT. The is coming even as the FIRS said it remitted N131.5 billion to FCT in the last eight years as Federal Capital Territory Administration’s (FCTA) share of taxes it collected in the zone. The disagreement came into the open at a joint session of the Senate and House of Representatives Committees on FCT and Finance public hearing on Bills for an Act to establish FCT Board of Internal Revenue Service and FCT Property Tax. The Minister supported the establishment of the revenue board, but the FIRS vehemently opposed the creation of a parallel revenue body in the FCT. The FIRS specifically said the introduction of new tax

• FIRS remits N131.5b to FCT in eight years From Onyedi Ojiabor, Asst. Editor and Sanni Onogu, Abuja

laws in the FCT will encroach on its mandate to collect taxes for the territoty. The agency called for the suspension of the proposed property tax in the FCT. Coordinating Director Support Services Group of FIRS, Osy Chuke, who represented the Acting Executive Chairman of the Agency at the session, said: “Our view is that the Constitution does not envisage the creation of two revenue collecting agencies of the Federal Government overseeing the FCT, given that the FCT is an agency of the Federal Government, just like the FIRS. “It should also be noted

that there will be need for several legislative amendments to accommodate an FCT Internal Revenue Service. “The legislation to be amended will include: FIRS Act, Taxes and Levis Approved List of Collection Act; Personal Income Tax Act; the Stamp Duties Act and Capital Gains Tax Act.” He added that the proposed FCT IRS would encroach on the mandate of the FIRS in many ways, by providing for the collection of taxes that already are being collected by the FIRS. He said:“The creation of the two agencies to administer taxes in the FCT may not be efficient especially if the current efforts of government to streamline

agencies and reduce duplication of duties are considered. “It should be noted that the FCT presently collects ground rent and tenement rates on properties through the Abuja Geographical Information System (AGIS) and the Abuja Municipal Area Council (AMAC).” Chuke pointed out that it is the wish of the FIRS that its current status as the collecting agency of the FCT should be maintained, saying the agency has been collecting taxes for the FCT over the years. It was also his view that the introduction of the proposed property tax be suspended until such a time that the Nigerian tax system can support the introduction of the new tax.

$67b reserves: Adamant Ezekwesili challenges govt to public debate A

FORMER Vice Presi dent of the World Bank, Africa Region, Mrs. Oby Ezekwesili, yesterday remained adamant, saying the Federal Government should account for how it spent the $67billion reserves inherited from the former administration of ex-President Olusegun Obasanjo. She also challenged the Federal Government to a debate on all the issues she raised. She, however, added that she has nothing to hide on how she managed funds al-

FromYusuf Alli, Managing Editor, Operation

located to the Federal Ministry of Education during her 10-month tenure. Ezekwesili, who made her position known in a statement in Abuja last night, said she remains resolute in demanding accountability on the management of the Foreign Reserves and the Excess Crude Account. She said: “I remain reso-

lute in demanding full disclosure and accountability by the Federal Government on the issues of poor management of oil revenues- especially the Excess Crude Account and the Foreign Reserve Account. “The recent reaction by the spokesperson of the Administration failed to respond responsibly to my demand for accountability. “In my Convocation Lecture at the University of Ni-

geria , I had stated concerning the poor management of oil revenues as follows: “While these countries moved up the manufacturing and economic development ladder in my 50 years of existence, all I can say for Nigeria is that during the same period I have known at least five cycles of commodity booms that offered us rare opportunities to use revenues generated from oil to transform our economy. Sadly, each cycle ended up sliding us farther down the productivity ladder.”

States’ financial condition worsening, says Senator

ICE Chairman, Senate Committee on Inte rior, Senator Olubunmi Adetunmbi, yesterday raised the alarm over the financial viability of states in the Federation. Adetunmbi, who spoke at a press conference in Abuja, said the financial viability of some states was worsening. The lawmaker had last

From Onyedi Ojiabor, Asst. Editor and Sanni Onogu, Abuja

year sponsored a motion on looming bankruptcy in states. The motion jolted some states while some others dismissed the assertion as unfounded. But Adetunmbi stated yesterday that “our states are

not healthier than they were when that motion was raised,” adding that the financial condition of some states is “worsening.” He said:“The borrowing in states is going up for short term financing of operations. They are going to the bond markets to raise long time funds to finance infrastructure.

“The wage bill in states is not going down because the public service continues to remain the largest employer of labour in those states which ought not to be so. Government is not supposed to be the largest employer of labour. “The total national civil service in Rwanda is less than a thousand people,” he said.

Fed Govt to commercialise FHA From Olugbenga Adanikin, Abuja

HE Federal Govern ment has unveiled plans to re-structure and commercialise the Federal Housing Authority (FHA) to address Nigeria’s housing deficit. The decision became imperative, following the need to meet its housing target as well as redress inefficiency of the agency. The restructuring and commercialisation exercise will be implemented by a 10-man committee in 18 months. It would be supervised by the Bureau of Public Enterprises (BPE). The Minister of Housing and Urban Development, Ms. Amal Pepple, disclosed this while inaugurating the Technical Board of the agency, yesterday in Abuja. She said: “The authority does not generate enough income to meet its wage bills; pay retirement benefits to its 816 pensioners and fulfil all aspects of its operations. It carries book of accounts, two major liabilities in form of loans, namely the N7.2 billion FGN loan granted between 1996 and 2001, as well as the N1.09 billion loan granted by the Federal Mortgage Bank. “Currently, it is only surviving because it is in custody of depositors funds, which if withdrawn, will render the authority completely insolvent.” However, the Minister explained that the agency was able to deliver 37, 000 housing units in 80 estates within 40 years. According to her, “the agency’s achievements have remained low and the dreams of its founding fathers have not been attained.” She emphasised that the restructuring is to ensure efficient and robust delivery of affordable housing. “I am glad to inform you that government has fully accepted the committee’s recommendation for an 18month transition period for the restructuring and commercialisation exercise to be supervised by the BPE,” she said

THE NATION TUESDAY, JANUARY 29, 2013

NEWS

Court grants Atuche leave to recall witnesses

Army redeploys 317 senior officers From Gbade Ogunwale, Assistant Editor, Abuja

HE Army authorities have redeployed 317 senior officers to fill the vacancies created by the recent promotion and retirement of a number of senior officers. A statement yesterday by the Director, Army Public Relations, Maj.-Gen. Mobolaji Koleoso, said the exercise was meant “to fill vacuum and maintain effective command structure in Army units, formations and the Defence Headquarters.” Some of the affected officers are Maj.-Gen. Ahmed Jibrin, who becomes the GOC, 3 Division; Maj.-Gen. Ebiobowei Awala now commands the 2 Division; the former Commander, Nigerian Army Engineers, Maj.-Gen. Ashimiyu Olaniyi, is the new GOC 82 Division. Maj.-Gen. Obi Umahi now commands 81 Division and Maj.Gen. Obidah Ethan heads the Army Headquarters Garrison. The former GOC 81 Division, Maj.-Gen. Kenneth T.J. Minimah, is now the Commander, Infantry Corps and Centre, Jaji; former Chief of Training and Operations, Nigerian Army, Maj.-Gen. Lawrence Ngubane, is the Chief of Training and Operations at the Defence Headquarters. Former GOC 3 Division, Maj.- Gen. Jack Nwaogbo, is the Chief of Training and Operations at the Army Headquarters; former GOC 2 Division, Maj.-Gen. Mohammed Abubakar, is the Chief of Army Administration at the Army Headquarters. Maj.-Gen. Paul Isang is the new Chief of Army Standard and Evaluation (CASE). He replaces Maj.-Gen. Shehu Abdul-Kadir, who is now the Force Commander of the African-led International Support Mission for Mali (AFISMA). Maj.-Gen. Babagana Munguno commands the Nigerian Army Training and Doctrine Command (TRADOC); Maj.-Gen. Daniel Kitchener is the Chief of Logistics at the Army Headquarters. Maj.-Gen. Emmanuel Bassey is the Chief of Policy and Plans. Maj.-Gen. Obinali Ariahu is the Chief of Research and Development at the Defence Headquarters; Maj.-Gen. John Zaruwa has been named the Coordinator, Peacekeeping Operations at the Ministry of Defence. Maj.-Gen. Salihu Uba is the Commandant, Nigerian Army Peacekeeping Centre; the former Defence Adviser, UN Headquarters, New York, Maj.- Gen. Garba Audu, is the Chief of Logistics, Defence Headquarters, Abuja. Maj.-Gen. Ekwenugo Chioba is the new Director-General, Defence Industries Corporation (DICON); Maj.- Gen. Abubakar Gana is the Commandant, Nigerian Army School of Logistics (NACOL). Maj.-Gen. Adekunle Martins is the Commander, Nigerian Army Ordinance Corps; Maj.-Gen. Abayomi Omisakin becomes the new Commander, Nigerian Army Signals (NAS). Maj.-Gen. Emmanuel Nienge is the new Commander, Nigerian Army Supply and Transport Corps; Maj.-Gen. John Nwaoga becomes the Commander, Nigerian Army Armoured Corps (NAAC). The Director, Army Public Relations, Maj.-Gen. Bolaji Koleosho, is now the Chief of Civil-Military Affairs. He has been replaced by Brig.-Gen. Ibrahim Attahiru. Maj.-Gen. Bitrus Kwaji is the Group Managing Director, Nigerian Army Welfare Limited and Guarantee (NAWLG).

By Adebisi Onanuga

•Atuche

LAGOS High Court sitting in Ikeja has granted leave to the former Managing Director of the defunct Bank PHB (now Keystone Bank), Mr. Francis Atuche, to recall two prosecution witnesses. The witnesses are the Chief Executive of Futureviews Ltd, Mrs. Elizabeth Ebi and Mr. Diamond Uju. Justice Lateefa Okunnu yesterday granted the defence permission to apply for the recall of two prosecution witnesses, Mrs. Ebi and Mr. Uju, for further cross-examination on some issues in the ongoing trial of Atuche.

He is on trial with his wife, Elizabeth and the Chief Financial Officer in the bank, Ugo Anyanwu, for alleged theft of N18.2billion belonging to the bank. Atuche, through his lawyer, Chief Francis Idigbe (SAN), applied for the recall of the two witnesses to answer questions on new issues related to the trial. Justice Okunnu, in her ruling on the application, granted Atuche and Anyanwu leave to apply for the recall of the third and fourth prosecution witnesses (Mr. Uju and Mrs. Ebi). She gave an order recalling Uju to be cross-examined only on a particular exhibited document. Justice Okunnu also granted an application to recall Mrs. Ebi for further crossexamination with a condition that the prosecution is also at liberty to reexamine the witnesses after this. The judge, however, turned

down the request of the defence to further cross- examine the witnesses on their statements on oath at the Economic and Financial Crimes Commission (EFCC). She held that the statements were already before the court when the defence first cross- examined the witnesses, adding that they had the opportunity then. The witnesses are directors of some of the companies alleged to be involved in the N18.2 billion loans transaction during Atuche’s tenure as the head of the bank. In their testimonies, they denied knowledge of the loans, which the EFCC described as ‘hoax’-loans. The defendants, through their lawyers, applied for their recall following a resolution allegedly signed by the two witnesses in which they demanded loans from the bank. Chief Idigbe argued that recalling the witnesses was cru-

cial in determining their case and that the witnesses did not only have a relationship with the bank but also demanded the loans, which is the subject of the trial. The EFCC urged the court to reject the application on the grounds that the defendants had the opportunity to cross- examine the witnesses but either chose not to or never bothered. After the ruling was delivered, the defence, led by Chief Idigbe, continued with the crossexamination of the prosecution witness, Hamada Bello, who was part of the EFCC team that carried out investigations into the alleged fraud. The detective, whose graphic presentation was rejected last year by the court because it did not comply with the provisions of Section 84 of the Evidence Act, yesterday insisted that his investigations showed that the defendants were culpable. Justice Okunnu adjourned further hearing till tomorrow.

Jonathan inaugurates 150-bed Federal Staff Hospital in Abuja

RESIDENT Goodluck Jonathan yesterday inaugurated a 150-bed ChinaAided Federal Staff Hospital at Jabi, Abuja, with a pledge to provide world-class health facilities to Nigerians. The President, who was represented by Vice-President Namadi Sambo, said the US$12.5 million hospital, which

he called Nigerian-Chinese National Hospital, would cater for the medical needs of not only public servants but other Nigerians. According to him, the adage ‘Health is Wealth‘ underscores the importance of health as a principal factor in productivity and wealth generation. Jonathan said the provision of health care facilities to cater for the welfare of public servants was a cardinal policy of the Federal Government as “not much can be expected from a sick labour force, no matter how skilled.” He said the building of the hospital, which would serve “very useful purposes in improving the health status of millions of Nigerians, marks yet another milestone in Nigeria— China relationship.” The President stressed the commitment of the government to the provision of quality and affordable healthcare for all Nigerians and the improvement of the quality of life of the people. He said: “In the health sector, we have put in place a solid programme involving the Nigeria Private Health Sector Alliance and the National Food and Drugs Administration and Control to encourage the domestic production of essential medicines.

“The Ministries of Health and Communications Technology are also collaborating with other stakeholders to increase the use of technology in improving health services, in addition to the provision of other necessary health infrastructure across the country. “Under the SURE-P programme, this administration is strengthening healthcare delivery in rural areas, through the deployment of human and material resources. “We are also committed to saving the lives of women and children from preventable diseases through a sustained focus on the improvement of maternal mortality and child health.” President Jonathan described China as a “very reliable ally” of Nigeria in its development quest for several decades, not just in the health sector but also in other areas of national life. He noted that the relationship between the People’s Republic of China and the Federal Republic of Nigeria dated back to February 10, 1970 when formal diplomatic relations was established. He said the two countries had signed many cooperation agreements, covering different sectors including bilateral trade, investment promotion and protection, taxation, consular affairs, strategic partnership, eco-

•Jonathan

nomic cooperation and tourism, among others. “China and Nigeria share so much in common. There is therefore much that both countries can gain from each other by strengthening and broadening our established partnership,” Jonathan said. According to him, China has become a significant destination for Nigeria’s trade, including crude oil. He said China had also become a major source of Nigeria’s manufactured imports in the last decade. The President thanked the Chinese government for the technical assistance it offered to Nigeria in several areas. Said he: “This hospital, as well as the training of health personnel, are typical examples in the health sector. “Science and technology, communications, bilateral trade and development of infrastructure are other critical areas where China’s cooperation with Nigeria is manifest.”

Toxic wastes import: Fed Govt files charges against four suspects

HE Federal Government has filed a charge of three counts against those suspected to be behind the importation of toxic wastes into the country. A ship - MV Marivia - was seized on January 9 at the Tin Can Port, Apapa, Lagos for the alleged consignment discovered to be “electronic harmful waste of functioning and non-functioning electrical/electronic equipment.” The charge marked: FHC/C/25C/2013 is now before Justice Okechukwu Okeke of the Federal High Court, Lagos. The government has also filed a separate ex-parte application for an order detaining the ship, pending conclusion of trial. Those named in the charge include the ship, a Briton, Rumok David, Mgbachi Fidelis Chibuzo and Bonicks Investment. Their planned arraignment yesterday was stalled by the prosecution’s inability to produce the accused in court. Lead prosecution lawyer, Akin Akintewe, explained the delay in the service of the charge on

By Eric Ikhilae

all the defendants. He frowned at the absence of a representative of the ship in court despite being served the charge. He said they were seeking the arrest order to prevent the ship from escaping from the country’s territorial waters before the case was concluded. Akintewe pledged to ensure that the accused were served before the next hearing date of February 4. Counsel to the ship owners, Chidi Ilogu (SAN), had initially argued that the presence of a representative of the ship owners in court was unnecessary. He later changed his mind when the judge said he would not hear a bail application filed on behalf of the ship. Ilogu promised to ensure that someone represents the ship in court on the next hearing date. Counsel to Bonicks Investment, George Onwubuya, also promised to ensure that his client was represented in court once the charge was served on it.

PROPERTY

Tuesday, JANUARY 29, 2013

Website:- http://www.thenationonlineng.com

* The Environment * Mortgage * Apartments * Security * Homes * Real Estate

email:- property@thenationonlineng.net

Why abandoned projects abound •Professionals finger corruption

•Concrete rails of Ovia bridge constructed to prevent motorists from plunging into the Benin/Ore road.

Corruption and construction; what do they have in common? Some professionals believe that they are like Siamese twins. Many roads and buildings, they argue, are being stalled by corruption, a malaise which has hit the society so hard.According to them, this is why today there are badly done roads, incessant building failures and abandoned projects, among others. OKWY IROEGBU-CHIKEZIE reports.

Many beautiful houses, no tenants

•CONTINUED ON PAGE 14

•A tale of two estates

•Find solution to corruption, Fed Govt urged - PAGE 15

- PAGE 15

THE NATION TUESDAY, JANUARY 29, 2013

PROPERTY/ENVIRONMENT

Why abandoned projects abound

By Okwy Iroegbu-Chikezie, Asst Editor

LOBALLY, jobs abound in construction. It is not different in Nigeria, but corruption is making it impossible for the sector to achieve optimal growth despite the billions of naira sunk into it. Some roads, especially the Ore/ Benin, Onitsha/Owerri and probably Lokoja/Abuja can boast of a semblance of quality job. Hitherto, they were ‘cash cows‘ for successive administrations which awarded contracts for their repairs. The Ore/Benin Road stands out because, according to experts, the Federal Government has spent over N18 billion to rehabilitate it without anything to show for it until recently. The distance between Lagos and Benin City is about 250km; if one drives at 100km per hour, the journey can be done in three hours or less. The route was regarded by many as a “death trap” because of the frequency of the accident there. Housing suffers from the same problem. Some peojects embarked upon by the Federal Government in Isheri Olofin, Meiran, Abule-Egba and others in Lagos have either been abandoned or the concept changed without initial subscribers compensated. In some cases, the subscribers went to court but something came out of the cases. Former Director of Research, Nigeria Institute of Advanced Legal Studies, Prof. Bolaji Owasanoye, blamed the nation’s poor rating in last year’s corruption index on corruption, especially on construction projects. According to him, most projects are overrun at the execution stage because, in some cases, both government and individuals overlook the total cost of projects before embarking on them. He said the neglect of key professionals in the sector, such as quantity surveyors, who are the construction cost experts, was inimical to construction and infrastructure development projects. This, he said, is because their skills in the pricing and structuring of projects can easily expose the underbelly of corruption that attends contracting and costing of projects in Nigeria. “It should be noted that no grand corruption is ever conceived or implemented without being linked to a construction or infrastructure development project. The big money is in construction and quantity surveyors can assist the nation by shed-

3,000 houses coming in Lagos

•A housing estate in Abuja

ding light on the true cost of projects as opposed to the lies often sold to the public by corrupt government officials and their collaborators in the private sector,” he said. A property consultant and senior partner of Nelson Thorpe & Co, Mr Victor Alonge, said corruption was evident in the lack of implementation of building control and planning regulations by developers and professionals as people deliberately close their eyes to procedures. He regretted that some professionals give in too easily, especially when frustrated by government agencies and officials through undue bureaucracy in obtaining land titles and building approvals. He regretted that some laws are not updated and, therefore, not dynamic in modern ways of doing things in the sector - leading to corruption as there are no sanctions in most cases. Alonge called on professionals to desist from unethical practices and provide direction for the government and its agencies to check corruption in their regulatory activities. A source from the Federal Ministry of Works, who didn’t want to be named, absolved the government of blame. He blamed civil servants,

who he said, favoured unqualified contractors to get jobs. He quoted a former minister, who said findings proved that most contractors are bereft of the skill and technology needed for some of the road contracts awarded to them - leading to not only poor quality jobs, but also abandonment of projects. He praised the minister, who cancelled such a project and re-awarded it to a more competent contractor. The source said with the money the government budgeted for road construction, the nation would have been voted as one of the African countries with competitive infrastructure. But, corruption, he said, has left the nation with death traps as roads. He cited the Lagos/Ibadan Expressway contract, which dragged on for over three years after it was signed. He accused civil servants of collecting kickbacks from contractors, thereby making the monitoring of jobs tough. A highway engineer and facility manager, Mr Afolabi Adedeji, said corruption was evident in failed highway projects and bridges. He said corruption starts at the design stage where what is designed is not eventually built by the contractor.

He said the political class was liable as they usually give contracts to their cronies and political associates to oil their political wheel. He said: “As politicians are already taking position for 2015, this is also a time to award contracts both to those who are competent and those who are not in order for them to contribute to the central purse to prosecute the election.”

‘

Some professionals give in too easily, especially when frustrated by government agencies and officials through undue bureaucracy in obtaining land titles and building approvals

AGOS State Government, in partnership with a private developer, Chois Properties, has embarked on building a 3,000-unit housing estate called Chois City Estate at Imufe-Imope road, off the Itoikin-Epe road, Agbowa. It is mixed housing development, consisting of two and three-bedroom flats, more than 300 units out of the targeted 3,000 units. Among the infrastructure provided are network of roads, adequate water supply, light, sewage facility and all-round security. The government said the site was approved because of its location, both to the metropolis and to the Lagoon. It said those who work in Lagos metropolis would find the location an ideal place, in terms of its serenity and closeness to the seat of government, the more than 10,000 saw mill operators in Okobaba in Lagos Island would find the place more suitable for their business and accommodation. It also said 400 units from the estate had been ceded to the Lagos government for accommodating Okobaba Saw Mill operators, who the government has promised ease of relocation are to be relocated to the axis. Although prices for the houses were yet to be made public, the developer promised that the terms of payment would be reasonable. The other estates, the state government is embarking on are located in Agbowa Township in the Old Epe Local Government Area, Sangotedo; Eti-Osa, Ogba, in Ikeja and Ajara in Badagry. Specifically, this is another major leap by the state government in housing provision in the Agbowa Housing Estate, a 66-unit mixed accommodation, located along Agbowa-Shagamu Road, besides the Resettlement Centre for the Flood displaced people, in Agbowa Township, the government added. The estate sits on a 11,883.74-acre, and designed to have a shopping complex, playing ground, boreholes, sewage plant and wire mess’ perimeter fence. Other areas where the government’s presence is felt in housing construction is in Igando and Ogba, where 400 housing units are constructed and Sangatedo with over 500 units.

’ NESREA and transboundary movement of e-waste

T was reported in the national dailies that the National Environmental Standards and Regulatory Enforcement Agency (NESREA) was responsible for intercepting a ship, M.V. Marivia, which sailed from Tilbury, England on January 5 and was bound for Nigeria, specifically importers based at Alaba International Market, Lagos. It was also reported that M. V Marivia is detained at the Tin Can Island Container Terminal (TICT), where it was placed on quarantine by officers of NESREA awaiting inspection before it is sent back to its origin in England. This is the fourth ship that has been detained by the agency at the ports after previous detentions of MV Maersk Nashville, MV. Vera D and M. V. Gumel. Members of Toxic E-waste is a term used to describe old and discarded electrical or electronic devices such as television sets, refrigerators and computers etc which are no longer of use. Components of e-waste contain contaminants, such as lead, mercury, cadmium, beryllium, arsenic, brominated flame retardants, chlorofluorocarbons (CFCs) and exposure to such contaminants through inhalation can cause damaging symptoms like brain damage, blood and kidney disorders, impaired hearing, disorders of the reproductive and nervous systems etc to human health and in most cases,

A toxic waste laden vessel bound for Nigeria was interested by eagle-eyed security men. The government ordered the ship back to its port origin, saving the country from being a dumpsite for another toxic waste. KENNETH EZEDINKO writes. slow deaths due to the malfunction of vital organs in the human body. Due to the lack of formal recycling methods in Nigeria, incineration, acid leaching, wet chemical processing etc has been used as informal methods of e-waste recycling. These methods release heavy metals, such as lead, cadmium and mercury into the environment. E-waste also has negative impacts on the environment as these materials can also pollute the groundwater, thereby poisoning our drinking water, fish, crops and the soil with dangerous heavy metals. E-waste is toxic, hazardous and dangerous. Most developed countries in the world are aware of the high cost of recycling the components of e-waste. They also want to preserve the health of their people and environment, which is why they will not dump such materials on their soil. However, most of these developed countries feel the “best available practice” is to turn developing countries to dumping grounds for e-waste, especially in Asia and Africa, where greedy traders and corrupt government officials are looking to make profit on these materials and sell them to less suspecting indi-

viduals as tokunbo products. The major issue for both the United States and the European Union to address is that e-waste is exported to less industrialised countries, where recycling and recovery take place with little regard for human health or environmental consequences. It is imperative that these developed countries need to be more stringent at their borders to prevent such practices. To further highlight the dangers of exposure to e-waste, the Basel Convention, an international treaty, was designed to reduce the movements of hazardous waste between nations, to prevent transfer of e-waste from developed to less developed countries and Nigeria has been a signatory to this treaty since 1990. In line with the Transformation Agenda of Mr President, NESREA entered into an agreement with European countries to abolish CFCs, which is contained in outdated refrigerators in Nigeria. This agreement will help to ensure that ships found to contain e-waste are sent back to their point of origin, which is in conformity with the Harmful Wastes Act. Mr President also inaugurated the

National Toxic Waste Dump Watch (NTWDW) committee comprised the Nigerian Navy, Nigeria Customs Service, Nigerian Maritime Administration and Safety Agency (NIMASA), National Intelligence Agency, NESREA, National Ports Authority, Nigeria Police Force and other relevant Agencies. This committee was set up with the mandate to prevent e-waste and other toxic wastes from being dumped in Nigeria by other countries. However, the arrival of M. V Marevia in Nigeria shows there is internal sabotage in the committee. In the interest of all well-meaning Nigerians, it is necessary that these agencies are more collaborative in their efforts, which will help to ensure the achievement of the Mr President’s Transformation Agenda. NESREA should be commended for their diligence in intercepting M. V. Marevia and its toxic containers, as this will prevent human exposure to its deadly contaminant materials and also make sure that the environment is cleaner and healthier for Nigerians. It is also commendable that NESREA ensured that security officers have successfully trailed the suspected importers of these toxic containers to their base at Alaba Interna-

tional Market and these importers have been arrested and will face criminal prosecution. NESREA’s efforts should be praised as such proactive measures are essential in curbing these environmental and human health threats in Nigeria. It is, however, in the interest of wellmeaning Nigerians that no one supports the illegal importation and dumping of e-waste in Nigeria by developed countries. It is highly likely that certain individuals will be paid to write articles supporting this crime and criticising NESREA’s efforts in preventing entry of e-waste into the country, which is highly unfortunate. It is also regrettable that before NESREA’s presence at the ports, ships containing e-waste have appeared to be sneaking into the country from their ports of origin without any credible resistance. Such irresponsible acts have been borne out of greed by officials, who have also colluded with importers to make quick money. These officials at the ports should remember that their primary responsibility is to serve Nigerians and their salaries are being paid from tax payers’ money. Perhaps the port officials need to be sensitised properly on the dangers of e-waste exposure to the health of their fellow Nigerians. •Ezediuko is an Abuja-based environmental activist.

THE NATION TUESDAY, JANUARY 29, 2013

PROPERTY/ENVIRONMENT

A tale of two estates When FESTAC and Gowon Estates were built many years ago, they were a delight to behold. But today, the estates are nothing to write home about. GBOYEGA AMOBOYE reports.

UST like a set of twins, the FESTAC Town in Amuwo-Odofin Local Government Area, Badagry Expressway and the Gowon Estate in Mosan-Okunola Local Council Development Area of Lagos State are children of the same parents - founded by the government of the war time Head of State, General Yakubu Gowon, in preparation for the World Festival of Arts and Culture (FESTAC) held in 1977. Houses in the two estates were allocated to Nigerians on owneroccupy basis after the festival otherwise known as FESTAC 77, through a popular and transparent ballot system. However, the two identical estates, masterpiece and model in terms of infrastructure that met international standards, have today become very unidentical in terms of maintenance. Easily the Federal Government could be held responsible for their maintenance as that, ab- initio, is the essence of establishing the Federal Housing Authority that built the estates. Both estates can be said to be in need of more attention from their parent - the Federal Housing Authority though FESTAC Town can be said to be far, in a more presentable state than Gowon Estate. Gowon estate has largely become a potential grave, with a collapsed infrastructure – roads, sewages, buildings and environmental degradation. If the FESTAC Town is much better in maintenance than the latter, it’s because of the extra efforts of the Amuwo-Odofin Local Government Chairman, Comrade Ayodele Adewale, who since he resumed office three years ago has made “operation rescue the estate” his watch word. As attested to by the President of the Festac Town Residents Association, Comrade Jola Ogunlusi at a Town hall meeting recently: “Festac Town would have become a wonder estate today if previous administrations of Amuwo-Odofin Local Government had done a quarter of what comrade Ayodele Adewale has done since he came to office three years ago.” He said the pro-activeness of the chairman has saved the estate from flooding. Comrade Ogunlusi, former Secretary-General of the Nigerian Union of Journalists (NUJ), also told the visiting Minister of Housing, Mrs. Amma Pepple, in August 2012, about the “tireless efforts of the Comrade Adewale-led administration, in infrastructural rehabilitation of FESTAC Town.” A survey of infrastructure in the FESTAC Town by this writer has confirmed a road rehabilitation that has been going on in the Town through the direct labour unit of the local government. For instance, the failed portions on 2nd Avenue by Agboju Market and the third gate have recently, been rehabilitated with interlocks. If there is any area where Comrade Adewale has excelled, it is in environmental development. Speaking at the town hall meeting, the

Stakeholders meet

UILDING and construction industry experts today are to discuss and proffer solution on how to close the over 16 million housing gap. At a summit, entitled: Bridging the 16 million national housing deficit: The dry construction solution, the stakeholders would help create a new platform for discussion and education on the challenges facing housing for all by 2020. In a statement the Marketing Director of Nigerite, Mr Toyin Gbede, said stakeholders would look at the challenges posed by wet construction. Wet construction is the fad in the industry, despite being capital intensive. Experts believe that it does not hold much prospects for resolving the over N16 million housing deficit. Nigeria has toyed with various models but stakeholders now seem to have come to a conclusion that dry construction holds the key to housing a majority of the people who are either homeless or live in sub-standard accommodation.

chairman appealed for the cooperation of residents and visitors to the town in sustaining its environmental development. Comrade Adewale said: “It has taken proactive measures including de-silting of drainage, weekly and monthly environmental sanitation exercise, effective waste management, intensive sensitisation and engaging street managers to ensure a clean, green and healthy environment”. It is, therefore, not a surprise that Comrade Adewale was a guest speaker at the swearing-in of Ogun State local government chairmen, in Abeokuta in August 2012. In his lecture, he said the feat recorded by his administration on environmental sustainability was through advocacy and enforcement. He explained that since the inception of his administration, “several efforts have been put in place to improve the state of environment, all geared towards ensuring a viable environment and would promote good livelihood for the people, attract investors and boost economic activities in the community”. In acknowledgement of his dynamism, Comrade Ayodele has been receiving awards for excellence from various organisations. For instance, he carted away three awards recently as the outstanding Local Government Chairman in primary health care, environment and empowerment at an award ceremony, grassroots achievers awards, organised by Celebrity International Magazine, at 10 Degrees, Ikeja. Just recently also, he received an award as “The Most Environmental Friendly Local Government Chairman”, given by the Lagos State Governor’s Office Correspondents Association. The essence of this article, however, is not to praise Comrade Adewale or to condemn his counterpart anywhere in the country but to point out that there is much all the 774 local governments can do to help their own people before expecting the manna from the Federal Government and even the state government as every tier of government-federal, state and local governments received monthly, its own allocation of the revenue or national cake as it is fondly called. I do not know much about other local governments, but in Amuwo-Odofin Local Government, there is a 24-hour medical services at primary health centres with free drugs for ages 0-16 and 60-above. Schools are being rehabilitated with provision of basic infrastructure; also free books are given to pupils, as attested to by the Headmaster, Central Primary School, FESTAC Town, Rev. Mrs. Tinu Ogundiyi, at the town hall meeting. It is not enough to argue that local government allocation always end up, in some states, in a joint account, with the state government as its sole signatory. The question is: What did those complaining of such

•Gowon Estate

•FESTAC building

achieve with the little they receive monthly? On the other hand, it is no longer news that all some local governments do, is to convene once a month, to execute the only item on the agenda, sharing of money it is allocated through the joint account. There is, no doubt, that the Federal Government is responsible for the maintenance of its estates across the country, which is why the Minister of Housing visits there regularly. In FESTAC Town, she observed that the sewage and water plants needed urgent rehabilitation. She commended the efforts of the local government and the FHA in the infrastructural development of the estate. It is a delight to watch on television, the recent working visit by Governor Isiaq Abiola Ajimobi of Oyo State to his Rivers’ State counterpart, Governor Chibuike Rotimi Amaechi, in the spirit of peer review mechanism, the hallmark of today’s celebrated achievements by the First Republic premiers of the former three regions - North, East and West. The time, therefore, has come for peer review mechanism at the grassroots where local governments’chairmen could be exchanging visits to learn from each other. It

is in this wise that one commends the humility demonstrated by the Ogun State government in inviting the Amuwo-Odofin Local Government Chairman to give a lecture on environmental sustainability, at the swearing-in of the state’s local government chairmen last August. Under the peer review mechanism, the chairman of Mosan-Okunola Local Council Development Area, under whose jurisdiction, Gowon Estate falls for instance, could learn a lesson or two from Amuwo-Odofin that may help to improve on the deplorable state of the estate as published by a weekly, recently while looking up to the heavens, for the manna. Equally, the mechanism may extend to exchange of visits by chairmen, residents ’association of the two estates on the rights and obligations of residents because no resident should expect the government to mend individual’s broken sewages or paint dirty blocks of residence, a case of everybody to himself and God for us all. • Amoboye, a journalist, writes from FESTAC Town, Lagos.

Find solution to corruption, Fed Govt urged

HE Nigeria Institution of Surveyors (NIS) has urged the Federal Government and policy makers to solve the problem of underdevelopment caused by mismanagement of resources. NIS Chairman, Lagos chapter, Mr Afolabi Solesi, spoke at the Eigth Annual Surveyor Adekunle Kukoyi Memorial Lecture in Lagos. At the lecture entitled: Politics, leadership, corruption and good governance in Nigeria, he regretted that though the nation is one of the most endowed countries in the world in terms of human and natural resources, it has, however, become one of the most endowed in terms of inept and corrupt leadership. He extolled the late Adekunle Kukoyi, who he said, lived above board in professional practice and in public life and urged younger surveyors to learn from his legacy.

Stories by Okwy Iroegbu-Chikezie Asst Editor

The guest lecturer, Prof Francis Remi Anifowose, while dissecting the level of rot in the polity, said too much expectations from relations and colleagues of political office holders make them ineffective in discharging their duties to the public and lead them into massive corruption to satisfy the desires and high expectations such people. The University of Lagos (UNILAG) don said the expectations from different quarters make political office myopic without a broader picture of the expectations of their high offices. The end result, the don said, is the diversion of social amenities to supporters and their home communities. He said: “Corruption has resulted into squandering funds meant for in-

frastructure development to personal enrichment, which is inimical to the greater majority of the people.” He called for the strengthening of the anti-corruption agencies to be self sufficient and able to prosecute corrupt government officials. In addition, Anifowose asked that civil servants be paid ‘living wages’ to protect them from corrupting political office holders. The immediate past president of NIS, Dr Sola Atilola, called on the government to use the professionals in their projects, adding that the nation is losing because of the use of unqualified personnel. According to him, most of our roads fail because the same people that do design, award the contracts, do the jobs and monitor them. He called on professionals to emulate the late Kukoyi to move the nation forward.

Surveyors to hold conference

HE Nigerian Institution of Estate Surveyors & Valuers (NIESV) Faculty of Land Administration & Information Systems and the Lagos State Branch will hold a Mandatory Continuing Professional Development (MCPD) seminar on Land administration and management in the emerging Lagos megacity. The event is billed for Wednesday, February, 6, 2013 at the Lagos Airport Hotel, Ikeja, Lagos. According to the organisers, the event is aimed at creating awareness among key stakeholders in the industry on the structure, practical experience and challenges of land administration and management, including planning and development control, legal framework for land market regulation, land information systems and taxation, and contemporary urban economic challenges, in a Lagos megacity.

THE NATION TUESDAY, JANUARY 29, 2013

COMMENTARY EDITORIALS

EDITORIAL FROM OTHER LAND

Jinxed bridge? •Govt should repair the old Niger Bridge pending construction of the new one

HE Niger Bridge in the commercial city of Onitsha has had a chequered history. Completed in 1965, it became a war casualty few years later during the Nigeria Civil War. It was resurrected as peace returned to Nigeria. Now the bridge, challenged by age, has become a creaky danger, and there is apprehension that it could collapse. Being the major link between the SouthWest and South-East, and some states in the South-South and North-Central, the bridge is one of the busiest in the country. During the last Christmas holidays, many commuters spent hours just to cross the bridge. The dangerous state of the bridge deserves urgent attention. Interestingly, President Goodluck Jonathan, like his predecessors, has promised to build the long overdue second bridge across the River Niger. But while waiting for this forlorn promise (since there are no signs of any seriousness to keep the promise), we counsel the government to repair the existing bridge to avoid possible loss of lives and property. The danger posed by the bridge should also worry the governors in the SouthEast, particularly those who prod the people of the region to remain committed to the Jonathan administration. We also counsel the governments of the South-East to consider taking over the bridge, which principally serves their people. If the governors are committed to their people’s welfare, and the Fed-

eral Government will let go, the states can take over and repair the existing bridge, and go ahead to build a second Niger bridge. We shudder at the monumental cost in human and material resources were the bridge to suddenly collapse while in use. Such fears should compel the governors to show a sense of emergency on this matter. Unfortunately, for many observers, the desire by the governors to remain ‘politically correct’, is one major inhibition to their exercising their moral authority to demand a better deal over a new Niger Bridge. As we have always counselled, states must stand up to demand a robust federal system for Nigeria to move forward. That is why we do not support the present system that grants legal authority to the Federal Government to own more assets than it has shown the capacity to manage. One proposal made by the Federal Government on a second Niger Bridge is to bring in private capital to develop same, and toll it. Now we ask; why can’t the states whose economies will get a boost from a new bridge have the right to take that step by themselves, instead of waiting indefinitely for the Federal Government? To make progress on the matter, the governors of the region may alternatively pressure the President to keep his promises to a region that gave him enormous political capital. While we appreciate that some politicians will usually

make promises they have no plans to keep, just to get the votes, we also believe that those who have been made promises have the duty to demand for the pay checks. Anything short of effectively repairing the existing Niger Bridge and building a new one should be seen as a betrayal of the people of the SouthEast by the Jonathan administration. The people of the region should never accept a rehash of the worn-out promise of a second Niger Bridge as the 2015 presidential election approaches. This is because the Peoples Democratic Party, ruling since the country’s return to democracy in 1999, has had more than 14 years to deliver democratic dividend but has been delivering empty promises.

‘The dangerous state of the bridge deserves urgent attention. Interestingly, President Goodluck Jonathan, like his predecessors, has promised to build the long overdue second bridge across the River Niger. But while waiting for this forlorn promise (since there are no signs of any seriousness to keep the promise), we counsel the government to repair the existing bridge to avoid possible loss of lives and property’

Mystery bodies •The Ezu atrocity underscores Nigeria’s security crisis

S shocking as it certainly is, the discovery of 18 decomposing male corpses floating in the Ezu River near Amansea on the border between Enugu and Anambra states is not the most tragic aspect of the whole affair. What is truly disturbing is the almost total lack of information surrounding this gruesome crime. The discovery was announced by the Anambra State Commissioner of Police, Mr. Bala Nasarawa, on January 21, but the advanced state of decomposition of many of the corpses clearly shows that they had been dumped in the river long before that date. None of the bodies showed any signs of physical trauma. There have been no reports of missing persons in any of the communities along the river, nor is there anything to provide clues as to the identities of the dead men. So far, no motives for the crime have been

‘The gravity of these murders and the mystery surrounding them make it imperative for the authorities to get to the root of the matter. The autopsies which are being carried out on three of the corpses should reveal the cause of death, and could help to provide clues which might reveal the identities of the bodies. Comprehensive investigations should be undertaken in both Enugu and Anambra states as to whether any communal disturbances took place in the recent past’

adduced. The gravity of these murders and the mystery surrounding them make it imperative for the authorities to get to the root of the matter. The autopsies that are being carried out on three of the corpses should reveal the cause of death, and could help to provide clues which might reveal the identities of the bodies. Comprehensive investigations should be undertaken in both Enugu and Anambra States as to whether any communal disturbances took place in the recent past. Members of the public with useful information should be encouraged to come forward with genuine guarantees of confidentiality and protection. No expense should be spared in getting to the root of this matter, because its successful resolution could signal a turning-point in a country notorious for inconclusive murder investigations. The list of unsolved murders is legion: Dele Giwa, Jerry Agbeyegbe, Marshall Harry, Bola Ige, Funso Williams and Chimere Ikoku are only some of the better-known ones. In almost all cases, government officials promise action, the police swear that the perpetrators will be apprehended, and the media provide a blaze of publicity. After a few weeks, however, the matter is virtually forgotten and everyone moves on without looking back. It is this short attention-span that must be guarded against in investigating the Ezu River murders. The police and the governments concerned must go after every available piece of evidence in ensuring that those behind the killings are caught and made to face the law. Useful lessons can be learnt from the “Boy

Adam” case involving the headless and limbless torso of a young black boy found in London’s Thames River in September 2001. In spite of corpse’s condition, the police were able to discover how he died, how he had been treated prior to his death, and were able to trace him to a specific region of Nigeria. In March 2011, 10 years after investigations first began, the boy was conclusively identified. A similar display of determination and preparedness to utilise modern technology should be applied in the Ezu case. Mass slayings like the Ezu River murders are a troubling indication of just how bad Nigeria’s security challenges have become. Citizens are now being killed in tens and in dozens, what with the Boko Haram insurgency in the country’s north-east, pipeline vandalisation in the south-south and the south-west, and sectarian clashes in the middle-belt. They testify to the erosion of communal values and the decline of civic pride and good neighbourliness. It is as if no community is immune to the madness of widespread mayhem. The social and cultural restraints that made the murder of one’s fellow-man a taboo appear to have disappeared. If things are not to become worse than they already are, the country must improve the way in which it investigates these offences. When the criminals who perpetrate these murders begin to realise that they can no longer get away with their crimes, progress will have been made in resolving Nigeria’s crisis of security.

Mr. Cameron’s European fantasy

RIME Minister David Cameron, like much of the British public, is ambivalent about his country’s future in the European Union. He correctly recognizes that a Britain outside the union would count for less in world affairs, forfeit the privileged access it now enjoys to its largest trading partner, and lose its seat at the European table where matters of great importance to Britain are discussed — from cross-border banking rules to environmental regulation. Yet he wishes the European project had limited itself to a loose customs union instead of the more ambitious goal of “an ever closer union” enshrined in the founding treaties that Britain accepted when it joined in 1973 and embodied in a host of labor, environmental and human rights standards, border conventions and consumer regulations. It did not, and most of Mr. Cameron’s European partners do not wish to revisit that fundamental question. Mr. Cameron expressed his ambivalence in a long- awaited speech on Wednesday. He pretended that Britain could have it both ways. Without going into details of what he might find acceptable, he promised that if his Conservatives won the next election, in two years, he would try to renegotiate the terms of British membership and submit the results to a referendum in 2017 or 2018. Wednesday’s elegant straddle may serve Mr. Cameron’s political needs of the moment. But, for Britain, it is an unwise and risky course. It presages four or five years of costly uncertainty for potential investors in a struggling British economy that Mr. Cameron’s wrongheaded austerity policies have failed to revive. Ambivalence may prove a political luxury with a high economic price tag. And we are concerned that Britain’s European Union partners may be inclined to take its voice less seriously, not more, during the run-up to the promised referendum. That referendum may not happen. Four years is a long time in British politics and in the evolution of the European Union. Germany holds potentially important elections this year. So does Italy. In Britain, the Conservatives trail Labour in the polls. Mr. Cameron’s coalition partner, the Liberal Democrats, are more enthusiastic about Europe and less enthusiastic about a referendum than he is. Mr. Cameron’s real aim for now may be to appease militant euro-skeptics in his party and nip a growing challenge from the United Kingdom Independence Party on his right. As this page has often argued, there is much to criticize in the way the European Union runs its affairs, from wasteful agricultural subsidies to the catastrophic mishandling of Greece’s sovereign debt. Mr. Cameron is right to challenge Europe to become less protectionist and more democratic. He is right to insist that the 10 union countries that have not joined the euro not be ignored in economic and financial policy discussions by the 17 that have. But it is hard to see how he can press these views unless Britain remains an active and respected voice in European deliberations, now and in the future. – New York Times

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THE NATION TUESDAY, JANUARY 29, 2013

CARTOON & LETTERS

IR: I have been following the reports on the National Assembly’s plan to enact law to prohibit same-sex marriage in The Nation. I have read a copy of the bill passed in the Senate and that currently being debated in the House. The bill is good because it commands bi-partisan and pan-Nigerian support. Twenty six senators and 49 members on the House signed on to the bill. Those who proposed the bill cut across party, religion and regional lines. The bill defines marriage to be between a man and a woman; it denies recognition to same-sex contraptions contracted in other nations and spells out punishments for those who attempt to conduct same-sex marriages. This is where I have a problem with the bill. It specifies a punishment of three years as punishment for the samesex partners. For those who attend

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The point missed by supporters of same sex marraige or abet the practice it spells out a five-year punishment or a N2000 fine for an individual or for a maximum fine of N50,000 for a group of persons. Considering the billions available to the gay lobby, the fine is not a deterrent. The amount should be raised to N200,000 for any individual with no option for a group. Additionally, I would like to highlight two other issues. Firstly, when this bill was passed in the Senate, the BBC, CNN, Sahara Reporters and several online commentators claimed that the bill proposed a 14-year jail sen-

tence for participating in a same-sex marriage and draconian penalty for those running NGOs for homosexuals. After reading the bill, I now know this is a lie. I am not surprised because the entire gay-rights issue is built on lies. Homosexual activists are simply using this humanrights lie to force their unhealthy habits on the rest of society. Secondly, in your report on Tuesday January 15, you quoted some human rights activists who claimed that the proposed law violates sections 37 and 42 of the Nigerian constitution, the Universal Declaration

on Human Rights of the United Nations and the African Charter on Human and Peoples’ Rights. After reading your article, I downloaded the three documents and read them for myself. My comments are as follows; The Universal Declaration on Human Rights (Article 2) and the African (Banjul) Charter on Human and Peoples’ Rights (chapter 1, Article 2); both rejects discrimination based race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune and birth. There

Floating bodies and our identification system IR: In what looked like prolific actor Kunle Afolayan’s water acrobatic display in the multiple award winning movie,”Figurine”, 40 bodies were found floating in Amansea community, along the border of Anambra and Enugu State. Though surrounding villages in Anambra and Enugu have claimed none of their members are missing, one irrefutable fact is that, the Nigeria government lacks grounded mechanism to identify her citizens either living or dead. The records are not just there. Those bodies are sons, brothers and fathers of Nigerians. And if they are immigrants, do we have their details? Our borders are so porous that you can ship a 20 truck loads of human beings in if you know the right Custom and Immigration officers to pay. I do hope this would be the last of such shameless lack of responsibility on the part of government and security agencies. Government needs to step up the ante of surveillance through a bio-metric data base with central and state control boards. This data base would be a panacea to planning, an aid to government policy plan, a means to identify fraud, combat terrorism, create a leverage to citizen’s entitlement and to access

public services. Inasmuch as I don’t like comparing Nigeria with the United States of America, there is nothing stopping a responsible government from running a Social Security Number (SSN) system for permanent residents, and temporary (working) residents. These security numbers can further be used to manage tax collection and social welfare. In 2007, the National Assembly passed the National Identity Management Commission (NIMC) Act. It has the mandate to establish, own, operate, maintain and manage the National Identity Database in Nigeria, register persons covered by the Act, assign a Unique National Identification Number (NIN) and issue General MultiPurpose Cards (GMPC) to those registered individuals, and to harmonize and integrate existing identification databases in Nigeria. The NIMC must understand that the ability to properly identify a person to their true identity is central to their operation, with wider implications for operations against crime and terrorism. These can’t be done by a shabbily put together team. Comprehensive training has to be carried out with a broad based campaign orientation that would reach the hinterlands and all those staying outside the shores of the

country. In recent times, illegal immigration has become one of the key political issues for the country, because of unending menace of Boko haram whose buck base of suicide bombers are from neighboring countries like Niger and Mali. To get anywhere, we must be ready to adequately manage the borders! Aside the collation of the bio metric data and ID card now, a sustainable upgrading mechanism needs to be devised. Nigeria is one of the few countries, you can enter without adequate documentation and nobody cares. You don’t even have to state when you would be leaving the country. NIMC needs to work out collation strategies for

births and deaths, liaise with the High courts, Prisons, and Police to get updates on criminal records. With National Emergency Management Authority to get details during disasters, Immigration agencies( Airport authority, sea ports, borders), etc. Again and most importantly, NIMC must be conscious that the ID card bring about socio-economic and political integration as against segregation that might be caused by nepotism, ethnic bigotry and religious fanaticism. The horrible scenarios of Rwanda Tutsi and Hutus must not be allowed to replicate itself here. • Sulaimon Mojeed-Sanni Lagos

was no mention of homosexuality and homosexuality does not fit into any of the criteria. Neither of these documents talk about marriage. Section 42 of the Nigerian Constitution is too long to be stated here but it guarantees citizens of Nigeria the right to freedom from discrimination based on ethnic group, place of origin, sex, religion or political opinion. Homosexual marriage does not meet any of the criteria listed in section 42, because the constitution does not give freedom from discrimination based on sexual practices/orientation. I am convinced that the critics who were quoted on this issue have not read the proposed bill or the laws and charters they claim the new bill violates. It appears the critics of this bill do not realize that the National Assembly is taking a pro-active step to protect the institution of marriage. It is also clear that the critics do not realize that homosexuals are looking for marriage because they will be able to adopt children or use surrogacy to raise children. These will provide them easy access to new homosexual recruits. How can anyone say our culture should not influence our laws? Laws are always influenced by culture. The only reason European and North Americans have permitted homosexuality is because these nations have embraced neo-pagan cultures. For supporters of the bill, I will say that it is too early to celebrate because a bill only becomes law when it is signed by the President. Today our political elite depends on the West for cheap loans, economic advice, security and family health care, so the question is will President Jonathan sign this bill? • Nehemiah Sokponba Uselu, Benin-City

Orji’s Abuja jamboree

IR: Abia state is endowed with many eminent citizens who have made their mark in both national and international levels. Quite unfortunately, the state ranks last on the list of most underdeveloped state in the South-east. There is no remarkable federal government presence in the state, and the state government is not doing enough to better the lots of its indigenes. It is therefore abominable and shameful that our governor, Chief

T.A Orji recently led a team of elected PDP politicians and hangers-on from the state to meet with the PDP national chairman, Alhaji Bamanga Tukur in their futile bid to stop an individual, Chief Orji Uzor Kalu from returning to PDP. Instead of the Governor going to Abuja to discuss on how to attract basic infrastructure like industries, good roads etc to the state, he and his entourage decided to waste taxpayers money on the jamboree trip.

Back home, staff in the local government system and teachers are owed several months arrears of salary and none of them is saying anything about it. Why is it that our elite have refused to speak out in the face of this maladministration and oppression? Where are the Ebitu Ukiwes, Joe Irukwus, Ndubuisi Kanus et al? It is now time to speak out or never!! • Amanze Obi Aba, Abia State.

THE NATION TUESDAY, JANUARY 29, 2013

COMMENTS Here lies our mutton-loving king, Whose word no man relies on, Who never said a foolish thing, And never did a wise one – John Wilmot (1647-1680), Earl of Rochester, on Charles II (1630-1685)

epublican ipples

What if those protests had not partially checkmated that unconscionable plot! To compound the Jonathan presidential tragedy, he has surrounded himself with “elders” pushing his cause who nevertheless are no more than juveniles – and wilful, misguided ones at that! The other day, Elder Godsday Orubebe, minister of Niger Delta affairs, pounced on Rivers Governor Rotimi Amaechi, for no crime than a rumoured aspiration for presidential ticket

ONA e don come again – what does that remind you of? Afrobeat legOlakunle end, Fela Anikulapo-Kuti and his immortal number, Fela e don come lordbeek@yahoo.com, 08054504169 (Sms only, please) Abimbola again? Fela, that with his stinging lyrics and brash irreverence whipped wayward Nigerian leaders, military and civilian, into line? And who does the Wilmot quote above, on King Charles II of England, remind you of? Change 2015; and for not “respecting” the president – as if Jonathan were make recommendations and all that “Jonathanistic” predictable! “mutton-loving” to “cassava bread-gobbling”, and you would a god to be worshipped willy-nilly and not a republican chief st But by that tragic Freudian slip, of a president fishing for motive probably see Charles II leap into 21 century Aso Rock; and public servant to be judged, rewarded or punished strictly by th when the reality of the situation was sobering enough, most would our own Goodluck Jonathan dive into 17 century Court of the worth of his work. continue to doubt the appropriateness of Jonathan’s temper for Saint James! Then on January 24, Edwin Kiagbodo-Clark, Ijaw nationalist, leadership; and even his competence to analyse problems and There are differences in specifics, of course. While Charles took up the president’s case, descending on the PDP Governors’ solve them. II loved his mutton and Goodluck Jonathan loves his cassava Forum for not bowing and trembling before his protégé; and So, Jonathan is more interested in smashing his self-conceived bread, the jury is still out on whether or not, like Charles II, no former President Olusegun Obasanjo for subverting the PDP agent provocateurs who allowed “penetration” into the sorry one ever relies on Jonathan’s word, whether Jonathan never party order. college than he is in fixing the mess. Now, what sort of selfsaid a foolish thing or ever did a wise one – since his first term To be sure, Clark’s attack on Obasanjo is not unjustified, for misguided president is that? is still counting; and he is busy, very busy, ogling a second! Obasanjo really ruptured the PDP hierarchy by amassing both But that was not the first time President Jonathan would evince What is without controversy, however, is that like Wilmot’s presidential and party powers. But is Pa Clark piqued because such abhorrent traces. In January 2012, after the “fuel subsidy” rather unflattering impression of Charles II (who should have Obasanjo grabbed power or because Jonathan has the goverremoval ill-advised by his Breton-Woods radicals, bent on makbeen wiser, for his father Charles I – 1600-1649 – was executed nors to contend with, in his own sorry attempt to repeat ing Nigeria the eternal peon of their Western metropolitan masby the Oliver Cromwell mob), Nigerians are nervy about the Obasanjo’s power-grab rascality? ters, Goodluck Jonathan fumed without end on how his enemies their president’s lack of verbal rigour, since they hold their Pa Clark, with all due respect to him, speaks like one without sponsored the protests; and how these presidential traducers probreath anytime the president speaks extempore – and he never a sense of history. As a younger man, he served under the vided Lagos protesters with choice victuals and bottled water; disappoints by the seeming sheer shallowness of his thinkyoung Gen. Yakubu Gowon (1966-1975). Sure, Gowon back that even his own presidential villagers of Otuoke could not afing; and the seeming eternal grudge in his psyche! then, had his own share of gaffes, like the claim that Nigeria’s ford! It is true: Ibrahim Babaginda peppered us with subversive problem was not money but how to spend it. To start with, such un-presidential whining was absolutely unslipperiness, Sani Abacha sapped us with Stone Age starkStill, Gowon boasted no doctorate when he ruled (though he called for – both as private riposte and public presidential counter. ness, Olusegun Obasanjo bombed us with empty superiority earned one later); and was far more callow than Jonathan. But In a democracy, the legitimate job of the opposition is to paint complex, and Umaru Musa Yar’adua (Allah rest his soul!) teased was Gowon a tell-tale of fumbling, and lack of rigour and wisgovernment black to ease its own way to power, just as the govus with health-challenged taciturnity. dom like Jonathan, with his PhD, now? Yet, Clark would badernment, if it falls into opposition, is perfectly entitled to same Might Goodluck Jonathan be adding a lack of gravitas and mouth anyone saying Jonathan is unfit for second term, as his tactics, to claw its way back from power wilderness. executive inferiority complex to the mix? That brings to the disastrous first-term record is clearly showing – just as he libelBut the disturbing pattern then – as now in the Police College fore the president’s latest gaffe, during his surprise visit to the led anybody that opposed Jonathan’s presidential bid in 2011. case – was that the president would blame people protesting a Police College, in Ikeja, Lagos. Well, there is news for Pa Clark and his protégé. A time was, heinous policy rather than rebuke himself that pushed that policy. Now, without reference to the merit or demerit of the when some power brokers thought you just needed a stamp of As it has turned out, the so-called “subsidy” was partisan election president’s points, that outburst followed a disturbing patthe North, no matter how defective you were, and you were as gravy which Jonathan wanted Nigerians to, willy-nilly, pay back. tern, which always sends many a concerned Nigerian reeling. good as president. That prompted the disastrous Bashir TofaAs a dutiful president, highly paid and generously mainSylvester Ugoh 1993 presidential ticket. tained by the citizens, his job was to go there, after the ChanNow, Clark and co think if only Jonathan can muscle the PDP “Jonathan is more interested in nomination nels TV expose, to find out the level of the rot and fix it. (like Obasanjo before him), his presidential encore But alas! The president, from his comment, was sadder at smashing his self-conceived agent is assured. Let Pa Clark, and his ilk, dream on. Someone needs the PR disaster the decaying Police College was giving his be sacrificed, anyway, to clear the illusion that only the worst provocateurs who allowed “penetra- to government than at the scandalous decay of Nigeria Police’s is good enough as president for Nigeria. premier training college! How can a president justify his Jonathan, with his utterly uninspiring present term and clearly tion” into the sorry college than he is illogical keep with such grudge reasoning? fixation with a fresh term, has done enough to earn that in fixing the mess” O yes: a committee has been set up to probe the rot and electoral disgrace.

HO says leopard can change her colours anymore than a snake can give birth to anything short? The aphorism best describes and captures the recent cowboy show by former governor of Abia state, Chief Orji Uzor Kalu when he arranged his allies at his home in Igbere to present to him what he claimed was a Peoples Democratic Party (PDP) membership card. Kalu’s recent show appeared to be the last of his political gimmicks, a desperation to force his way back to PDP, a party he has criticised and destroyed before now, when he was in control of the state resources. Before now, Kalu had made two failed attempts to return to PDP. First was when Chief Okwesilieze Nwodo assumed office as the national chairman of the party and Kalu was losing grip of the government of his state with Governor Theodore Orji’s exit from Progressive Peoples’ Alliance (PPA) which was Kalu’s political party. What Kalu adduced as his reason then was that his return to PDP was in fulfilment of the promise he made to Nwodo that he would return to the party if Nwodo emerged national chairman of the party. After his unsolicited visit to Nwodo at the party national headquarters in Abuja in 2010, the party leadership shut the door against Kalu and his allies. That was how he went and contested the Abia North senatorial election on PPA platform and lost woefully to Senator Uche Chukwumerije of PDP. After the election, Kalu said that he was no longer interested in active politics. It did not take him long to resurface again with another trick under the guise of Njiko Igbo. He shouted to whosoever cared to listen to him that Njiko Igbo is a non-political platform to unite the Igbos ahead 2015 general election, so that Igbo presidency would be actualised. He pretended as if he was not interested in joining any political platform, while it is an open se-

‘While the Igbos are keenly waiting to see how far Kalu can unite the Igbos through his Njiko Igbo platform for the actualisation of the Igbo Presidency in 2015, the news of yet another of Kalu’s secret plot to return to PDP through the backdoor broke’

Jona e don come again

Kalu’s desperation to return to PDP By Clement Omeneogor cret that he was busy nurturing his dead empire called PPA. While the Igbos are keenly waiting to see how far Kalu can unite the Igbos through his Njiko Igbo platform for the actualisation of the Igbo Presidency in 2015, the news of yet another of Kalu’s secret plot to return to PDP through the backdoor broke. Protests by the party major stakeholders in the state to the national leadership of the party nipped the plot in bud and the door was shut against him again. Kalu’s hatchet writers took on the party stakeholders in the state especially Governor Theodore Orji for questioning the plot to re-admit Kalu into the party through the backdoor without consulting them. Some of them in their write-ups in defence of Kalu suggested that he has not told anybody that he wanted to return to PDP; but rather that he was busy with his Njiko Igbo for the unity of the Igbos. Known for inconsistency, it did not take long for Kalu and his allies to come up with another subterfuge of registering him as PDP member in his house in Igbere. Even the former governor of Ekiti State, Ayodele Fayose was not re-admitted into PDP by being registered in his house, rather he was transparently re-admitted by the national leadership of the party. But the question is why Kalu’s desperation to return to PDP by all means and at the same nurturing PPA for dirty jobs? It is obvious that he has some tricks up his sleeves that might be detrimental to the party successes in 2015. That is why the party must apply caution and look deep into Kalu’s antics. Kalu and his allies have been trying to rewrite the PDP history in order to justify his recent moves. This is even when most of the 18 founders of the party who are automatic members of Board of Trustees of the party are still alive. Kalu said that his action was prompted by former President Olusegun Obasanjo’s resignation as (BoT) Chairman of the party and that his other co-founders of the party have been calling him to return to the party.

Every Nigerian who is a good student of political history knows that Kalu was not among the founders of PDP. He was brought into the party alongside some of his colleagues who were governors between 1999-2007 by the retired military oligarchy led former President Ibrahim Babangida and General Theophilus Danjuma who hijacked the party from the original founders to ensure that Chief Obasanjo, who was just released from prison, emerged the presidential candidate of the party at the party’s national convention in Jos. This was against the popular choice of Chief Alex Ekwueme, one of the founders of the party. Kalu and some of his colleagues were the foot soldiers of the retired generals in the party. So it is wrong for Kalu to claim that he is a founding member of the party. The records are there for Kalu to factually dispute, and failure to do so amounts to deceit. Most times, what matters most or challenging is not the building of a house, but the maintenance of such house. Imagine how PDP would have been today if some people have not stayed back in the party to rebuild it for better. If most members had toed the line of Kalu, only to force their way back into the party after their selfish ventures have failed them, the party would have gone into extinction by now. Shutting Kalu permanently out of the party will not only instil discipline in the party, it will serve as deterrent to other members who might contemplate toeing Kalu’s line. Readmitting Kalu into the party under any disguise will do more harm to the party than good, especially in Abia State because Kalu as at today has no political value or structure to bring into the party. • Omeneogor, a system analyst wrote from Houston USA

‘Kalu and some of his colleagues were the foot soldiers of the retired generals in the party. So it is wrong for Kalu to claim that he is a founding member of the party. The records are there for Kalu to factually dispute, and failure to do so amounts to deceit’

THE NATION TUESDAY, JANUARY 29, 2013

COMMENTS

HE fact is undeniable that national transformation and industrial growth are inextricably intertwined. Investigations and explorations by scholars have shown very clearly that higher productivity is a sure means of boosting sustainable economic growth and raising standards of living in any country. Formulating and implementing effective productivity schemes have undoubtedly assisted many economies to pull out of global recession and set them on the course of sustainable growth. According to the statistics recently published by the National Bureau of Statistics (NBS), the industrial sector of the economy which is made up of crude petroleum and natural gas, solid minerals and manufacturing, contributed an average of 40% to the national Gross Domestic Product between 2007 and 2011. Manufacturing which should ordinarily form the bedrock of industrialization contributed less than five percent to the pool while crude oil and gas contributed 95%. The above is a glaring indication that the industrial sector of Nigeria is still in a state of gross underdevelopment despite various reforms being implemented by the Federal Government. Although infrastructural problems must be acknowledged as a big challenge to industrial growth, I believe there are more critical issues stifling the sustainable growth and development in the industrial sector. However, the situation in the industrial sector is not altogether gloomy. Specifically, Manufacturers Association of Nigeria (MAN) reported that most of the variables that measure the performance of the real sector have been on the upward swing, albeit marginally. Capacity utilization of the sector is now about 49% compared to the 47.5% average in 2011, indicating that more companies in the country are putting more resources to use in their factories than they did in previous years. The value of industrial production has also increased, although marginally from N130billion to almost N350billion at the end of 2012. As indicated earlier, the problems posed by the current infrastructural decay is obvious but unavailability of reliable data for critical decision making is a major challenge to industrial growth in Nigeria. As a matter of fact, reliable data for critical business decisions are in most cases non-existent. In cases, where there they exist, the integrity of such data requires serious authentication

ELSON Mandela, one of Africa’s most respected leaders once described ‘education as the most powerful weapon which can be used to change the world’. All over the world, leaders in the mould of Mandela know that education is not just a just a tool employed for the development of human mind but also a veritable means of the developing the society. With a consciousness that a well educated citizenry will ultimately give birth to a civilised society; such leaders devote time, money and other resources to the education of their people. They build schools, furnish classrooms and libraries, employ the best hands as teachers and most importantly give scholarship to deserving students. In Nigeria, giving scholarships to students is a trend that is gradually waning. Some years back, government at all levels; corporate organisations and individuals who had the wherewithal considered it part of their civic responsibilities to reward outstanding students with scholarships. Some of the Nigeria’s brightest academicians and public officers today were at some point in their lives beneficiaries of various scholarship schemes. Unfortunately, that is not the case for Nigerian students today. Despite the rot in the educational sector, outstanding students who sacrifice a lot to succeed are often not rewarded due to the lack of scholarship opportunities. They graduate with the best grades only to join the burgeoning army of hapless unemployed youths. It is in the light of the above stated fact, that Dr. Emmanuel Uduaghan of Delta state should be commended for his investments in education through scholarships. While it is undisputable that there is a deficiency of scholarship opportunities for students in the country, it is not so in Delta State. Since he took over the reins in the

Creating the environment for sustainable industrial growth By Adebayo Jimoh before it can be used as a basis for decisionmaking. Corruption is another impediment to sustainable industrial growth in Nigeria. Although this has become a global scourge, Nigeria’s experience is particularly worrisome because of its widespread nature in the system. Despite the huge sum of money from crude oil earned over the years, most indices still show that Nigeria has barely begun its journey towards sustainable industrial growth. It is a sad commentary that Nigeria was described as a rich nation floating on oil wealth “but almost none of it flows to the people” (San Francisco Chronicle, March 11, 2007). The mentality that public money belongs to no one runs through the entire cadre of public service. That is why corruption has become a monster that all previous and current governments are finding difficult to tame. Closely linked to corruption are bureaucracies in business regulatory services such as property registration, business licensing, tax administration and commercial dispute resolution and advocacy by private sector and civil society weakened by lack of organization, poor resource mobilization and paucity of research evidence among others. These have hampered business climate in no small way. Corruption and bureaucracies affect the cost of doing business thereby making industries incapable of competing globally. In “Doing Business in Nigeria” report published for 2013, exporting a standard container of goods in Nigeria requires 10 documents, takes 24 days and costs $1,380. Importing the same container requires 10 documents, takes 39 days and costs $1,540. Globally, Nigeria ranks 154 out of ranking of 185 economies on the ease of trading across borders while Ghana and South Africa rank 99 and 115 respectively. Excessive document requirements, burdensome custom procedures, inefficient port operations and inadequate infrastructure all lead to extra cost of delays and corruption,

thereby stifling the potential for industrial growth. Beside this, the overall quality, integrity and efficiency of services delivered by public institutions are rated extremely low, also due to corruption and bureaucracies. Policy somersault, involving periodic reversal of policies generally deemed to be in support of promoting the growth of local industries is also identified as a major inhibition to industrial growth and economic development in the country. Policies inconsistency in respect of unregulated importation of goods that are being produced locally has affected the local industries negatively. A recent example is the cement companies who are currently experiencing low capacity utilization occasioned by weak demand. Another challenging obstacle facing the industrial sector especially manufacturing industry today is the lack of skilled manpower. The problems facing Nigeria is that its educational institutions are not designed for the modern economy. They lack the tools to produce good quality graduates to manage the affairs of the nation. Majority of them (the graduates/workers) lack the skills that drive human productivity. No nation would make any meaningful socio-economic and political stride without viable educational institutions. Some schools’ curriculum is as old as the institutions. They are rarely updated to accommodate the requirements of modern economy. Invariably, the institutions produce halfbaked graduates who are misfits into the new industrial environment. Building a vibrant economy or restoring growth to a sluggish economy requires a solid legal and institutional framework. To ensure long-term growth and prosperity, Nigeria must use its resources wisely, invest in advanced technology and rebuild the legal systems and institutions without which the economy will not gain from the ‘power of productivity’. Investors would definitely be wary of bringing funds into an economy with weak legal and institutional framework for enforcing contractual obligations

and resolving conflicts as evidenced by the unceremonious exit of governments from Public Private Partnership arrangements entered into with some institutional investors. Doing Business in Nigeria for 2013 confirms that globally, Nigeria stands at 155 out of 185 economies on the administrative burden of complying with multiple taxation for businesses. The report further states that, “on the average, firms make 41 taxes and pay total taxes amounting to 33.8% of profit”. MAN has always lamented on the negative effects of multiple taxation on sustainable industrial growth. The exact number of taxes and levies collected from entrepreneurs in Nigeria are not clearly defined as a result of the non-specificity of the number of taxes chargeable and the continuous introduction of new ones. Easy access to credit is also a major problem for industrial growth in Nigeria. While the cost of fund in the economy is significantly high compared to other vibrant economies in the world, access to credit is even a more serious problem, in view of the tight monetary policy stance of the CBN, which affects the credit conditions. For instance, the collateral cover requirement by banks to access credit is beyond many SME investors, which impedes access to credit, slows down the tempo of economic activities and undermines intermediation role of banks in the financial system. High level of insecurity is also an impediment to industrial growth in Nigeria. Major challenges faced by the industrial cum manufacturing sector include insecurity in most parts of the North and few spots in the South, which impeded sales and distribution of goods and services. It was reported last year that telecommunication companies lost an estimated sum of N1.0 billion as result of the destruction of masts by Boko Haram insurgents in some Northern part of Nigeria. Research findings clearly suggest that structural transition from low to high productivity is a necessary pre-requisite for economic development and that industrial sector remains a key engine of growth in the development process (Oyelaran-Oyeyinka, 2006). Economic transformation and prosperity will remain a mirage in Nigeria unless we keep our attention focused on creating an enabling environment for sustainable industrial growth. • Jimoh is Group Managing Director, Odu’a Investment Company Limited.

Changing lives through scholarships By Nelson Ohwofasa state, the governor has initiated and sustained several scholarship scheme that have contributed in no small way to the human capital development of the state. The most evident and perhaps the most appreciated of Dr. Uduaghan’s scholarship initiatives is the overseas scholarship for First Class graduates from Delta State. Under this noble scheme, Delta State students with a First Class degree in their respective disciplines are given full scholarship to further their studies for Masters and PH.D any institution in the United States United Kingdom or any other country in the world. Geared towards the attainment of the ‘Delta Beyond Oil’ initiative of Uduaghan’s administration, the overseas scholarship scheme has recorded more than 135 graduates from various parts of the state as beneficiaries since its inception in 2010. There are still more beneficiaries waiting to be mobilised for the next round. One cannot help but commend Dr. Uduaghan for his vision and firm belief in education as a potent tool for development of Delta State and Nigeria. In country that

relies solely on crude oil as its mainstay, it is important for us to diversify and see the possibility of living without oil. As the governor noted during the presentation ceremony for the last set of beneficiaries in Asaba recently, investments in human capital development is the only way to build capacity that will ultimately lead to the overall development of the state and the country at large. China became a major force in world economy today because its leaders diversified and invested massively in education. In the 1970’s the country assembled its best brains and sponsored them to Europe and America for further studies. That singular investment generated a pool of skilled personnel that has made China one of the best economies in the world today. Another commendable thing about this scholarship scheme is that the beneficiaries are not under any bond to work for the Delta State government when they return. They are free to work in any organisation within and outside the state. Some of them may even go as far as setting up their own organisations and employ people to work for them. It is also open to students from both private and government owned institutions. In all ramifications, the schol-

‘Another commendable thing about this scholarship scheme is that the beneficiaries are not under any bond to work for the Delta State government when they return. They are free to work in any organisation within and outside the state. Some of them may even go as far as setting up their own organisations and employ people to work for them’

arship is geared towards the development of Delta State and Nigeria. Beyond the overseas scholarships, Dr. Uduaghan’s massive investments in education through bursaries and other grants cannot be overemphasized. Delta is perhaps the only state in the country where funds are earmarked for scholarships at every level of education. At the twilight of his first term in office, the governor increased the annual bursary of Delta State students in every higher institution in Nigeria from a meagre N8, 000 to N20, 000. Since the increase was effected, more than 10,000 students benefit from it every year. Aside from this, Law graduates from Delta State who have to go through the Nigerian Law School before applying for the overseas scholarship are paid N100, 000 each as incentives. At the last presentation ceremony, there were 354 of such graduates present. At the same event, the governor revealed plans to float an aviation scholarship for students who may be interested in aviation. With this avalanche of investments in education, the current administration under Dr. Uduaghan has shown a commendable dedication to excellence, which should be sustained by subsequent administrations and emulated by other state governments. Although the rewards may not be seen at the moment, it will be seen someday. By time the beneficiaries return and contribute their quota to the development of the country, we will all see reasons to commend Dr. Uduaghan for transforming lives with his scholarship schemes. • Ohwofasa writes from Lagos

EMENIKE:

Innocent Amomoh

REPORTING FROM

I want glory for Eagles, not myself

SOUTH AFRICA

Pg. 24

Taofeek Babalola Reporting from South Africa

Sport

Tuesday, January 29, 2013

PAGE 23

NIGERIA VS ETHIOPIA

EAGLES will offer no excuses —Keshi

•Keshi

OBOABONA DECLARES

We're on Ethiopia coach: We will spill blood against no special plans course to beat Eagles —Ogude Ethiopia Pg. 24

Pg. 24

Pg. 41

Ethiopia stars rush for Mikel’s photograph

Pg. 41

NATIONSPORT TUESDAY, JANUARY 29, 2013

AFCON 2013...AFCON 2013...AFCON 2013...AFCON 2013...AFCON 2013...AFCON 2013...AFCON 2013...AFCON 2013...AFCON 2013...AFCON 2013...AFCON 2013...AFCON 2013

NATION SPORT

Innocent Amomoh

REPORTING FROM

SOUTH AFRICA We're on course—Ogude

E stands in the heart of the Eagles midfield like a rock. Known for his hard tackles and smooth ball control, Vålerenga of Norway Football Club strongman, Fengor Ogude told RASAQ OBOIRIEN, TAOFEEK BABALOLA AND INNOCENT AMOMOH that the Super Eagles are on course at the ongoing Africa Cup of Nations in South Africa. EXCERPTS...

igeria have played two games so far, how will you assess the games? I think we had great games but unfortunately we didn't win the matches. We still have the opportunity of qualifying for the quarter final though. We are looking forward to the next game and we will go there and do our best. We will aim for three points. You have featured in all matches so far, how do you access your performances? I think we are doing great. We are doing really well and everything is working well. I think it is hard luck that worked against the team in our last two matches. I believe with God everything is possible. What is expected of us now is to work hard and do what we need to do. I believe God will give us victory against Ethiopia. What do you think is missing in the team? I think everything is going on fine with us. Only a few errors here and there which I believe would be corrected in the next game. We have noticed some mistakes and we will correct them. Do you think this crop of players are capable of delivering the AFCON trophy for Nigeria? We are all players and every player has his own quality. I believe every player here is capable of representing Nigeria. We will do our best. What should Nigerians be expecting from the team in the next game against Ethiopia on Tuesday? What we are saying now is that Nigerians should be praying for us for success in this tournament. We need their prayers. In the previous matches, you guys played well in the first half but the team looked tired in the second half. What do you think is responsible for this? The team is not tired and we are all fine. We've been training and have rested well. I think what is happening to us is just football. It is normal in the game of football. We just need to pray for luck in our next game. The fact that we got draws in our last two games does not mean we didn't play well. We are doing our best. We want to win and we need victory to make our people back home happy. If Nigeria top the group they will face Cote d’ Ivoire. Do you think Nigeria have the team that can hold the Ivorians. Nothing is impossible in the game of football. There are no minors in African football again. You can see how the tournament is going; you cannot differentiate big teams from the small teams. And that is the beauty of the tournament. Every team is here to win. Everybody is here to make their country proud. Every team wants to win the trophy. This is your first AFCON tournament. Are you satisfied? I am trying to be my self and help the team win the game. I will keep doing my best and I hope my best will help the team to get more victories. Yobo and Efe Ambrose are likely to be back for the next game. Do you see it as a boost to the team? I think it is a boost to the team because we need their experience a lot. We know they are great players and we respect their contribution to the team. We are looking forward to having them in the next game. Thank you for your time Fengor You are welcome.

HE Nigeria Football Federation (NFF) made it clear on Monday that it does not expect anything less than an outright win by the Super Eagles when they confront the Walya Antelopes of Ethiopia in the final Group C match of the 29th Africa Cup of Nations today. Two draws in as many matches have now rendered today’s encounter a mustwin for Nigeria and the NFF says there is no excuse for the players and technical crew not to do Nigeria proud. Chairman of the NFF Media and Publicity Committee, Emeka Inyama, said: “This team has received tremendous support from the Government of Nigeria, the football federation and the good and great people of our country. There is nothing the players or the Head Coach and his crew have requested for that we have failed to provide.

NFF: Keshi, Eagles have no excuse “After qualifying for this championship, the team has played a number of friendly matches and everything that is needed to spur players and officials on have been provided for them. All that is left now is for the team to go all out and show high level of commitment and patriotic fervour in getting the job done.” The NFF organized top-class friendly matches for the Super Eagles in the runup to this tournament, with the team playing against Venezuela in the United States of America, Catalonia in Barcelona and Cape Verde (one of the first teams to reach the quarter finals here) in Portugal.

the coach Stephen Keshi-led technical crew following the two goals he has to his credit, said he has more goals in his boots and will be ready to fire Nigeria to glory. "As a player I should not fancy self glory. Football is a collective game and I will prefer us doing it together in the Eagles than trying to focus on any personal awards. "The reason why I am here in the team is to help Nigeria seek glory in

Nat ions Cup, and that is my first priority, after that I will think about claiming personal honours but not now." Meanwhile, former Super Eagles captain, Sunday Oliseh has urged the Super Eagles coaching crew to build the team around the former FC Cape Town talisman, saying

tha t with h i s stamina and he has much to

speed, offer the team. "I think the Super Eagles team should be built around Emenike. He is young and possesses the

qua lities of a good striker. With his stamina coupled with speed, and good passes coming from the midfeilders, I believe his contributions will be better."

Eagles ready to devour Walya Antelopes

OCCER-LOVING Nigerians would definitely be on their knees to Almighty God and mother luck to shine on the Super Eagles of Nigeria as the Stephen Keshi-

From Segun Ogunjimi, Rustenburg led team files out at 7pm Nigerian time today to have the Walya Antelopes of Ethiopia for dinner in the last Group C match of the on-going Africa Nations Cup. The Nigerian team, which parades only five players that have played in the competition before, namely skipper of the team Joseph Yobo, Mikel Obi, Ikechukwu Uche, Vincent Enyeama and Austin Ejide, has 18 players who are debutants. But what the Eagles lack in experience, they have in abundance in talent, skill and quality. The only problem facing the Head Coach in this competition is blending and lack of time for the selected stars to gel before

We will spill blood against Ethiopia

•Oboabona

since arriving in Rustenburg on Sunday afternoon, ahead of the testy duel with the fast-paced, tireless Antelopes. Green added: “We have to be very careful against the Ethiopians. They run hard and forever and do the shortpassing game brilliantly. But with the personnel that we have here, we should be able to contain them and get the goals we need to reach the quarter finals.” Skipper Joseph Yobo has recovered from injury he picked up in the first match against Burkina Faso and could come into the fray, with youngster Kenneth Omeruo sure to fill in at right back, occupied by midfielder Ogenyi Onazi against

the Cup holders on Friday. NFF General Secretary, Barrister Musa Amadu, said on Monday: “The Super Eagles should just go into Tuesday’s game and show why they are super. Nigerians have lost patience. We have had enough of draws, and it is time to start winning.” Cup holders Zambia take on Burkina Faso’s Etalons at Nelspruit’s Mbombela Stadium simultaneously today. Depending on results of today’s matches, the Super Eagles will either remain in Rustenburg or return to Mbombela for Sunday’s quarter finals.

From Innocent Amomoh, South Africa

OBOABONA DECLARES

team to fail. The NFF has done its own part, done virtually everything required of the Federation to prepare a team for a competition and motivate that team. “The draws against Burkina Faso and Zambia were uncalled for, but those matches are behind us and we have a huge opportunity to put things right against the Ethiopians.” The Super Eagles have savoured the e l e g a n t environment of their Hunters’ Rest abode

I want glory for Eagles, not myself

•Mikel

UPER EAGLES’ newest revelation, Godfrey Oboabona has declared that the team is ready to shed blood today when Nigeria tackle Ethiopia in a make-or-mar clash. The Sunshine Stars skipper has been impressive in the Super Eagles defence at the ongoing Africa Cup of Nations in South Africa. Oboabona, who is one of the six home-based players selected by Coach Stephen Keshi, has so far justified his presence in the competition. "Anything short of victory will be dangerous for us and the

They also played against Dutch club FC Rotterdam and Portuguese club Farense during a 20-day final training camp in Faro, Portugal. Before the kick-off of the championship and despite limited financial muscle, the NFF ensured payment of salaries of all members of the technical crew till the end of this month. Chairman of the NFF Technical Committee, Barrister Chris Green, admitted that there is no excuse for the team not to sweat hard and work likenever-before for the nation’s honour today. “There is no reason whatsoever for the

EMENIKE: NE of Nigeria’s newest kids on the block, Emmanuel Emenike has said that his focus is to contribute his quota to the collective triumph of the Super Eagles and not to seek self glory. Speaking to NationSport ahead of the crucial group C final match of the ongoing Africa Cup of Nations against Ethiopia today, the Spartak Moscow darting forward said his major priority is to ensure that the Super Eagles progress in the competition as against seeking personal achievement. Emenike, who is gradually playing himself into the hearts of

From Innocent Amomoh, South Africa country but that will never happen. If it will mean spilling blood to ensure victory, we will," Oboabona assured. "Of course, I am happy with my performance so far in the last games but I would have been more excited if we had claimed the needed results. "It’s either we win now and progress or forget the Nations Cup. We raised our game against Zambia and we will be better today, especially in the defence line. We will do our best to avoid a repeat of the mistakes

NATION SPORT

made in the last two matches." He appreciated the teeming Eagles fans in Nigeria and the Diaspora for their support as he urged them not to relent in their efforts, adding that the team will not let them down. "I understand the feelings everywhere both home, here in South Africa and all over the world. The fans are not happy with our results, they have been disappointed but I am very confident that we will put smiles on their faces again on Tuesday.”

the competition. The positive thing in the Nigerian camp in South Africa now is that all stakeholders namely the Nigerian Football Federation, the Sports Minister, the Nigerian Embassy and community in South Africa and accredited sports journalists have all rallied behind the team for today’s match. So, we may see for the very first time a massive support for the Eagles to beat Ethiopia for one of the two tickets of the group to the quarter-finals. This may be massively challenged by the Ethiopian fans that have been the major attraction in the tournament. Perhaps, due to the proximity of the country which is closer to the host country, South Africa than Nigeria, Walya Antelope fans thronged the

Mbombela Stadium at Nelspruit in large numbers for the two group matches played so far. Soccer fans in South Africa expect more Ethiopians to storm Rustenburg for the Eagles versus Nigeria match that would be played at 7pm local time. The Head Coach of the t e a m , Se w n e t B i s h a w , d e s p i t e declaring at the press briefing yesterday that he would accept the outcome of the match, has said in clear terms that his team was targeting victory in today’s encounter. In order to get a positive result from the last group match against one of the perceived football powers in the continent, Bishaw has vowed to lead his wards to a fulfilling match against Nigeria.

Ethiopia coach: no special plans to beat Eagles •Suggests life ban for erring referees

THIOPIA’s Coach Sewnet Bishaw has conceded defeat to the Super Eagles even before the kick-off of the allimportant Group C final match against Nigeria in Rustenburg today. Bishaw, who confessed that his team came to South Africa to gather experience during a media parley at the Media Center of the Royal Bafokens Sports Palace, Rustenburg yesterday, was not too defiant in his approach to beating the Nigerian team in today’s match. “We are going to play our normal game and that is what I am going to tell my boys when they are about to enter the field for the match against Nigeria. We came here to learn and gather experience and I am happy we were able to do that so far in this competition. “Despite the fact that we lost 4-0 to Burkina Faso in our last match, you could see that we

Stay focused, Ajilore urges Eagles

IGERIA midfielder Femi Ajilore has called on the Super Eagles to fully focus on Ethiopia in their last group match today. The 2008 Beijing Olympics silver medallist expressed confidence that the team will qualify from the group, but cautioned that they must finish as leaders in group C to avoid the Ivorians in the quarter final stage. "They just need to keep their focus and not allow distractions from any quarters. Mathematically, they still have the chance to finish tops in the

From Taofeek Babalola, South Africa

group. But the most important thing now is to qualify," Ajilore explained. "I am very sure that the players will not disappoint today, particularly this time round. I'm sure that won't happen. We must carry on with the same intensity and winning spirit. "I am having the feeling that the team will improve once they qualify from this stage. We have good players, young players but they need to keep working hard as a team," he emphasised.

•Ajilore

•Emenike

From Segun Ogunjimi, Rustenburg played well in the match and had some positives to take back with us in the match. “So, against Nigeria we will play our normal game and try to get a result but if it is the other way round we will accept it. On officiating so far the Ethiopia Coach said he would never complain about refereeing but suggested a life ban on erring referees who are found guilty of biased officiating. “Even if the officiating does not favour us during our match against Nigeria, we will accept the final result and never complain about officiating. It is CAF’s Referee Committee’s business to worry about officiating in this competition and sanction them accordingly, may be a life ban will be better.

Ethiopia stars rush for Mikel’s photograph

LAYERS of the Ethiopia national team at the Mbombela Airport in South Africa rushed to take photographs with Nigeria midfielder, Mikel Obi before both teams boarded the same flight to Rustenburg, venue of their last group match. The players came to Mikel in batches, conducting themselves in an orderly manner as if it was a preplanned arrangement ahead of their arrival at the airport. Mikel was obviously the biggest player in both teams at the departure hall of the airport, little wonder the seemingly unknown Ethiopians leveraged on the opportunity. Asked why they all wanted to take photographs with the Nigerian star, the players echoed,"He is a big player

From Taofeek Babalola, South Africa with Chelsea, and won the Champions League." But how far this respect will help the confidence of the Chelsea man in today's cracker will go a long way to give Nigeria the needed advantage if Mikel raises his game. The said players stayed around Mikel and they finally departed together into the main lobby of the departure hall of the airport. "What happened with the game against Burkina Faso, why did you allow them defeat you in that much?” Mikel had asked. The players responded as if answering questions from a panel at a job interview.

I want to win trophies for Nigeria —Omeruo

S the Super Eagles face a difficult task against Ethiopia today at the Royal Bafokeng Stadium, Rustenburg, the expectation is very high. It is a mak- or-mar encounter that will determine the progression of the two times AFCON Champions. The maximum points are what the Nigerian team needs to move to the next round. NationSport crew of TAOFEEK BABALOLA, RASAK OBOIRIEN AND INNOCENT AMOMOH spoke to Eagles latest discovery Kenneth Omeruo on what Nigerians should expect from the team. EXCERPTS... What is the situation like in the team's camp ahead of the game against Ethiopia? As players we are ready to get the three points at stake in the game against Ethiopia. You were asked to play in the central defence in the game against Zambia. What is your assessment of your game? Yeah, I enjoyed it because normally before that day I also played in the central defence and I also play in the right back position. I can play anywhere in the defence provided it is what the coach wants. I am enjoying the role I have played so far and I don't have any problem at all. What do you think is wrong with the team presently? I don't think there is any problem. The only problem we are facing here is the pitch, the pitch is not good enough for football. I am just praying that the other pitch against Ethiopia today will be okay so that we can play some good football. What do you think has been preventing the team from getting victory in previous matches? It is football and we have to accept it that way. Things like that do happen in football. Again, hard luck is affecting the team. I still believe that we deserve more than what we are getting in this tournament. We are doing our best for the team only that our best has not been yielding positive results. I just pray that the next game will be better for us. Eagles played the last game without team captain, Joseph Yobo. You paired with Oboabona in the central defence. Can you say you played the role well? I think it was okay but the experience of the captain Joseph Yobo is very important in the team, and most especially in the defence. We missed him in the game against Zambia because I believe if he was on the pitch that day, he would have played an important role. Do you think the team can continue without him? That is not a decision for me to make. He is still the captain, he has most appearances in the national team so I think captain Yobo is still relevant in the team. Some Nigerians back home were of the view that if the likes of Osaze Odemwingie, Obafemi Martins and Taye Taiwo were in the team, you would have performed better than what we are seeing now. Do you think the team missed them? I don't know because I have never played with them before and I cannot say whether the team missed them or not. I think there are reasons for their non-inclusion in the team. Nigeria conceded late goals in the last two matches. As a defender, what are you doing to prevent such occurrence again? What we have to do is to remain focused and be determined. Again, we should coordinate our defence well. You started the last game and you played for 90 minutes. What has that experience done for you? For me, I think it is very important to try and do your best, and that was what I did. I just try to be myself and not let the pressure of the match take over me. I think the first team chance against Zambia will give me more confidence. What does it mean to you to play in the Nations Cup. Did you ever envisage being part of this team? I never thought it would happen this quick. I thank God it happened and I have to step up my game to help the team. Will you say the responsibility given to you is too much for you to handle or are you up to the task? The responsibility is not too heavy for me in any way, I am up to it. I am always prepared for the challenge. You played in the U-17, U-20 and now the Super Eagles. Would you say as a footballer you've fulfilled you dreams? Actually, I want to win trophies. I have never won a trophy with the national team before so I think it is very important to start winning trophies now. As far as this tournament is concerned, what target have you set for yourself? The target is to get to the final and also try and win the trophy because Nigerians are expecting more from us and we will try not to disappoint them. The target for the trophy •Omeruo will start from our next game against Ethiopia and we need to win convincingly. Thank You for speaking with NationSport You are welcome.

INSIDE

TUESDAY, JANUARY 29, 2013

Website: http://www.thenationonlineng.com

Page 25

Weapons found in Lugbe market - Page 26

Inside Abuja suburbs

SURE-P committee set up - Page 27 FCTA accused of farmland encroachment

O many Nigerians, Abuja is synonymous with highrise, lovely architectural designs, well-manicured lawns, paved streets named after famous personalities, wide road network and overhead bridges. Again, when we talk about Abuja, our first thought will be about the entire lovely edifice and one of the fastest growing cities of the world. It is also seen to boast different attractions for tourists, shoppers, artistes and fun-seekers like such cities as New York, London, Johannesburg, among others. But apart from its beauty, Abuja also boasts suburbs where most of the seeming poor inhabitants reside. These suburbs cannot be compared to Maitama, Asokoro, Wuse, Garki and other beautiful areas where some of the affluent

From Grace Obike

inhabitants reside. Some of these suburbs are organised, well taken care of and habitable while others are in such deplorable conditions that one will not believe they are part of the glitzy Abuja. No society is populated only by the wealthy. It is incontrovertible that every society is made up of people of dissimilar social classes. There are the super rich, semi-super rich, the rich and the browbeaten. There is also the proletariat and the peasants. All these different classes of people struggle for existence in Abuja. However, the wealthy have an edge over the poor. Everyone in Abuja wishes to reside in best parts of the city, own the best houses, drive the

best cars, eat the best food and send their children to the best schools. But just like the saying goes, “if all wishes were horses, beggars will ride.” These sub-urban communities accommodate more than 70 per cent of the city’s population. Here the middle and low income earners enjoy affordable accommodations while the poorest or peasants embrace the ghetto life. Some of the suburbs in Abuja include Mararaba, Nyanya, Gwagwalada, Lugbe, Kubwa, Mpape, Durumi, Mabushi, Kuchigworo, Dede, among others. Some of these suburbs were included in the Abuja Master Plan, even as others were marked out for demolition. Here, communities like Mpape, Idu Karmo, Dape, Tasha, Gwagwa, Saburi and others will be

demolished by the FCTA bulldozers. To most outsiders, people living in Abuja benefit from all good things that are in the city. The truth is that the cost of living in the city is so high, with so much paid on accommodation, feeding and transportation. Most people in the city live on a very low income and therefore cannot afford ostentatious lifestyle. Some graduates in the city earn as low as between N20,000 and N25,000 monthly. They have to feed, pay for accommodation and meet some other needs. This poor situation makes people to choose living in the most inhuman and unhygienic environments. •Continued on Page 26

THE NATION TUESDAY, JANUARY 29, 2013

ABUJA REVIEW

Inside Abuja suburbs •Continued from Page 25

Mpape is one of the suburbs in Abuja and home to thousands of residents. This community is situated between rocks which attract most construction companies that break the rocks for their construction work. It is directly located behind the famous Ministers Inn and Maitama District. It has been marked out for demolition. In fact, some parts have already been leveled to give way for a few street lights and nursery stage flowers. The community only has a tiny major road known as the Arab Road which, although is the only tarred road, is in a poor state. Others leading into streets are dirty, dusty and bad roads. The Ajegunle Street for instance, is one of the denselypopulated areas with terrible roads and little or no drainage system. Most of the houses are surrounded with malodorous gutters filled with debris and dump sites close by where children and cows play freely. The houses are built closely together giving little room for ventilation. This kind of situation creates opportunity for meningitis. Since the community was issued with demolition notice, residents are scared and suspicious of strangers. The Gwari village is another part of the city that is worse than Ajegunle. Some of the roads are small and have no drainage system. Residents own sheep pens which they leave on the streets with heaps of dung close to residential quarters and restaurants. No one seems to notice that the houses are too clustered. Just like in some other parts of the communities, little shafts are raised where people go to enjoy the locally brewed beer called burukutu and wellseasoned dog meat. According to Mallam Shuaibu who is indigenous to a village

HE Abuja Environmental Protection Board (AEPB) has dislodged an illegal market in Lugbe, a suburb of the federal capital where its personnel discovered dangerous weapons. The weapons were found in

•A market in Lugbe

close to the community but has lived in Mpape for more than 15years, the residents are all scared of what will happen to them and their families after the demolition because most of them have stayed there for so long, built houses that they thought will be bequeathed to their children. Not only will that dream be unrealized, they will also be rendered homeless. The question most of them ask is: “what happens to us after the bulldozers come? Durumi is another suburb in the heart of Abuja. It has close proximity with the central area; a stone throw from the National Assembly Quarters. Here, beautiful houses and well-tarred roads cover the disappointment of the suburbs as soon as one turns into the dusty area and sees the dilapidated structures that people live and boast of living in the city. One will be surprised to see beautiful, classy and well dressed ladies in their high heels walking their ways through the dust to and from work. Although Durumi 1 and 2 are not in good shape, it cannot be compared with Durumi 3 which is located behind the popular Gaduwa Estate and not far from the Adisa Estate. The road, well-tarred, leads to the famous Gaduwa Estate whose high fence separates it from the poverty-ridden areas. As one drives past the estate entrance and past the beautiful structure of the Louis Valentino Nigeria Limited, the road stops abruptly. The dirty road that proceeds is covered with heaps of dumpsites on one side and shafts structured from wood, sacks and iron sheets where people live. They have shops and restaurants on the other side. The road leading to Durumi 3 is so bad that cars and motorcycles are parked at the entrance of the community and

•The road leading into Durumi

The Ajegunle Street is one of the denselypopulated areas with terrible roads and little or no drainage system…The houses are built closely together giving little room for ventilation. This kind of situation gives rise to meningitis. Since the community was issued a demolition notice, residents are scared and suspicious of strangers the journey into it continued on foot. The bridge leading into this area, according to residents, collapsed about a year ago and no one has attempted to repair it. Residents cross the river on a makeshift bridge which will surely be impassable when the

rains come. Across the bridge and into the area is worse than the road leading to it. Here, dumpsters with human and animal faeces occupy most of the empty lands and what is left has houses which are built so close together

with so little spacing, low roofs and tiny window that one wonders how they breathe in fresh air. Privately-owned boreholes or wells are sources of water for the residents. Behind the Durumi 3 is a village called Kawbusa which is worse than the Durumi 3. Visiting such suburban areas and seeing the kinds of conditions that most people are forced to live in makes one wonder if it is a must to live in Abuja when most of the villages we come from are so much better. Again, why can’t the FCTA try to provide the most needed amenities to people who are not living in the most important parts of Abuja? •Grace contributed this article from Kubwa, Abuja

Weapons found in Lugbe market From Bukola Amusan

one of the shanties demolished during a raid. They included a sharp knife, a

long cutlass, a bow and arrows and a sickle. Alhaji Isa Shuaibu, the director of the board said that the operation was aimed at ensuring clean-

liness of the capital city. Shuaibu said that the board had on several occasions warned against trading in the area, but traders refused to heed the warnings. He also urged residents living along airport road to maintain the 200 metres distance between residential buildings and the federal highway. He said the buffer zone was reserved to the advantage of the residents. “We must maintain the 200 metres distance between the buildings and the road. This is a buffer zone and it must be maintained. ”This buffer zone is even reserved to your own advantage because it creates space for your children to play and grow very well.”It is a disgrace that people living in the city will still constitute nuisance.If you can obey our instructions and keep your environment clean, we will stop bordering you.’’ The director, who handed over the recovered weapons to the police, urged security agencies to collaborate with the board to achieve the enormous task of a safe and healthy capital city. Shuaibu also asked auto mechanics operating on the buffer zones to leave as they were operating in an unauthorised place.

“Mechanics operating around the buffer zones should quit, because their operations are illegal.’’ A detachment of the Nigerian army accompanied the AEPB to enforce the dislodgment of the market. Staff from the Development Control Department of the Federal Capital Development Authority (FCDA) was also involved in the operation. Items found within and outside the market premises, including scrapped vehicles were set ablaze after the owners could not come to move them out of the premises. Mr Ifeanyi Njoku, a driver with Pan African Equipment, who spoke to newsmen, expressed satisfaction with the operation. Njoku urged the board to sustain the enforcement and ensure that violators of environmental laws were punished. “Most of this people do not respect the law, you cannot imagine that people sell and they will not clean the waste they generate. “I will advise that there should be night shift by the AEPB to ensure that this place is constantly kept under watch.’’ Mrs Asabe Ishiaku, a food vendor, said the operation had brought sanity to Lugbe.

THE NATION TUESDAY, JANUARY 29, 2013

ABUJA REVIEW

Minister woos NSCDC on transport

HE Minister of the Federal Capital Territory; Senator Bala Mohammed has solicited the support of the Nigeria Security and Civil Defence Corps (NSCDC) in the implementation of the new transport policy of the FCT Administration. He spoke in Abuja recently when the new Commandant of the FCT Command of the Corps, Alhaji Aminu Abdullahi Kofarsoro visited him. He stated that the new policy which restricts the mini-buses to some routes and the highcapacity ones to others was for the benefit of the entire residents of FCT. He added that the policy would reduce such problems as road accidents, traffic gridlocks and congestions in the city. Senator Mohammed called

Stories from Bukola Amusan

on the NSCDC to produce a working document for him on how to be proactive in terms of security surveillance, intelligence gathering and apprehension of miscreants. He praised the men and officers of the NSCDC for their vigilance, commitment and courage in carrying out their duties such as protection of public utilities and oil pipelines. He called for increased col-

laboration and synergy between the FCT Administration and the NSCDC, even as he congratulated the new commandant on his appointment. He also praised the laudable achievements recorded by the FCT command of the Corps over the years. The minister recalled that when he was working in the Ministry of Internal Affairs several years ago, he had the opportunity to make inputs to the blueprint for the reposi-

The NSCDC is an essential partner of the FCTA… The co-operation and support of the Corps are indispensable for achieving a more secure and peaceful FCT, especially in view of its status as the seat of power of the Federal Government

tioning of the NSCDC. Earlier in his address, Alhaji Kofarsoro commended the minister for the achievements he has recorded in transforming the FCT, especially the capital city in line with modern international standards. He thanked him for his regular provision of logistics support to the NSCDC to enable it to discharge its statutory functions. Kofarsoro further said the NSCDC is the only para-military organ charged with the responsibility of safeguarding critical public infrastructure, edifices and utilities as well as the apprehension of vandals. He pledged increased collaboration and synergy with the FCTA in these areas. In her remarks, the FCT Minister of State, Oloye Olajumoke Akinjide said the NSCDC as an essential partner of the

SURE-P committee set up

•Dr Onakomaiya

N a bid to successfully implement the maternal and child health component of the Subsidy Reinvestment and Empowerment Program (SURE-P), the FCT Administration has inaugurated the Conditional Cash Transfer Committee. Inaugurating the committee in his office, the secretary FCT Health and Human Services Secretariat Dr. Demola Onakomaiya said the implementation of SUREP MCH in FCT is aimed at contributing to the reduction of maternal and newborn morbidity

and mortality, and place FCT on track to achieve the 4th and 5th Millennium Development Goal by rapidly sealing up the midwives services scheme (MSS) currently being implemented by National Primary Healthcare Development Agency. Dr. Demola added that the FCT Administration recognises not only the high ratios of maternal and neonatal mortalities in the territory but also attaches great importance and commitment to providing fund and support for the reduction of maternal and

newborn deaths. He further said the FCT Administration has, in recent times, embarked on free ante-natal care, free under five medical service, employment of more health workers, implementation of approved new salary scale for them, building of more hospitals and primary healthcare centres in the rural areas, all aimed at making healthcare delivery services in the FCT more accessible and affordable for the inhabitants of the FCT. The Secretary assured that the

•Senator Mohammed

FCTA. According to her, the co-operation and support of the Corps are indispensable for achieving a more secure and peaceful FCT, especially in view of its status as the seat of power of the Federal Government. committee was inaugurated in order to further cushion the effect of subsidy removal, mostly on vulnerable and poor women and their households. Responding on behalf of members of the committee, the project manager SURE-P Maternal Child Health Dr. Ufo Okoli said the programme has successfully implemented a proof of concept phase in the Federal Capital Territory last year in Kuje and Karu Primary Healthcare centres and the lessons from the implementation has helped to refine its operational approach for the pilot programme which will be formally launched in FCT next month. She added that the Subsidy Reinvestment and Empowerment Programme (SURE-P) Maternal and Child Health (MCH) Programme builds on the successfully implemented Midwives Services Scheme (MSS) that has delivered visible results within three years.

Minister may prosecute corrupt officials

•Farmland

HE residents of Chukuku, a village in Gwagwalada Area Council, have accused the Federal Capital Territory Administration (FCTA) of encroaching on their farmlands. This, they said, had affected their source of living, since farming was their major occupation. They said the lands, which were left for them by their forefathers, were confiscated by the

FCTA accused of farmland encroachment Stories from Bukola Amusan

government without compensation. The secretary to the village head, Mohammed Tsugbaza, said the development had also caused famine, since there was no enough land for cultivation.

He, therefore, called on the Minister of FCT, Senator Bala Mohammedd, to come forth and demarcate the lands in Chukuku axis, so that they can know the ones that belong to them. In the same vein, the secretary

also urged the relevant authorities to elevate the infrastructural status of the village. He said inadequate transformers, potable water, healthcare centres, good road and secondary school were some of the problems in the village.

EDERAL Capital Territory (FCT) Minister Senator Bala Mohammed has warned that corrupt officials in FCT may be prosecuted. He said this while declaring open a sensitisation programme for FCTA officers on directorate cadre, organised by FCTA AntiCorruption and Transparency Monitoring Unit (ACTU), at the FCDA conference room. He said his administration would continue to work to ensure zero tolerance against corruption at all levels of the FCT administration. He said he was determined to entrench a culture of accountability and transparency by continuing to sanction and prosecute officers that breach established financial management rules and regulations. “We look forward to a dispensation of improved service delivery and probity in the affairs of the FCT administration through your unbiased activities,” he said.

THE NATION TUESDAY, JANUARY 29, 2013

ABUJA REVIEW

FCTA, UNHCR partner on emergencies

•Oloye Akinjide

HE menace posed by the internally-displaced persons (IDPs) in Abuja will soon be over with the proposed joint framework between the United Nations High Commission for the Refugee (UNCHCR) and the Federal Capital Territory Administration to address emergency situations. The representative of UNHCR to Nigeria and ECOWAS, Her Excellency, Angela Dikonghe Atangana gave the assurance during a meeting with the Minister of State, FCT Oloye Olajumoke Akinjide. Angela Dikonghe-Atangana identified six areas of engagement between her agency and the FCTA to proffer a lasting solution

Stories from Bukola Amusan

to the IDP’s situation in FCT. She stressed the need for proper profiling of internally-displaced persons (IDPs) in the FCT to be able to identify their needs, their skills and then map out workable strategies to address them.

She further disclosed her agency’s plan to collaborate with the FCTA in building institutional capacity of technical wing of the National Emergency Management Agency (NEMA) in the FCT. The Territory Emergency Agency (TEMA), according to her, when operational, will address emergency situations within the

Oloye Akinjide said that profiling IDPs is a humanitarian and security issue, especially with the daily influx of people into FCT from the neighbouring states as a result of religious and communal conflicts and other disasters

FCTA sets up enforcement committee

O ensure a successful implementation of route delineation for mini- and high-capacity buses in the Federal Capital city, the stakeholders’ committee set up by the FCT Minister, Senator Bala Mohammed has been divided into five sub-committees. The sub-committees are saddled with enforcement and monitoring, pricing and palliatives, security, public enlightenment and strategy. The five panels, which have members drawn from all the operators and stakeholders in the FCT transport sector, will work under the main committee headed by the FCT Permanent Secretary, Mr. Anthony Ozodinobi, an engineer. The composition of the committees was announced by Ozodinobi at the meeting of the main committee. All the licensed operators for the four categories, namely mini-buses, high capacity buses, taxis and car hire services, were represented at the meeting and had their members in the sub-committees. The licensed mini-bus opera-

From Bukola Amusan

tors represented include the selfemployed commercial drivers’ association (SECDA), Abuja Transport Co-operative Society Limited (ATCS) and the National Union of Road Transport Workers (NURTW). The licensed high capacity bus operators at the meeting included the Abuja Urban Mass Transport Company Limited (AUMTCO), SHAANXI Limited, FABREM Limited and ATCS. From the licensed taxi operators’ side were PAT Nigeria Limited, Printfield Enterprises Limited, City Cab Limited and two others.

Also present at the meeting were top officials of the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC). Pricing and Palliative subcommittee has the Director of Transport, Mr Kola Garba as chairman, the public enlightenment is headed by the Senior Special Assistant on Information Management Systems, Hajia Jamilah Tangaza while the Special Adviser on Security Matters to the FCT Minister, Col. Abdullahi Kudu (rtd) chairs the security committee. The monitoring and enforcement committee is chaired by the Director of Abuja Environmen-

Senator Mohammed said there was no going back on the route delineation policy, even as he approved a suspension of its implementation for three weeks for further public enlightenment on the programme

tal Protection Board (AEPB), Mallam Isa Shuaibu and the Strategy committee by Mr. Wilson Unaogu. The FCT Minister, Senator Bala Mohammed had set up a broad-based committee headed by the FCT Permanent Secretary, Mr. Anthony Zikora Ozodinobi to fine-tune the implementation of the route delineation policy for mini and high capacity buses in the Federal Capital city. In approving the measures, Senator Mohammed clarified that there was no going back on the route delineation policy, even as he approved a suspen-

Federal Capital Territory as part of its expected duties. In her response, the Minister of State, FCT, Oloye Olajumoke Akinjide thanked the UNHCR representative for considering FCT in the pilot stage of the operation. Oloye Akinjide added that profiling the IDPs is not only humanitarian issue but also a security issue, especially with the daily influx of people who are victims of circumstances to FCT from the neighbouring states as a result of religious and communal conflicts and other disasters. The minister promised that the FCT Administration will partner with the UNHCR in designing a joint action plan on the best way to effectively drive the process in record time. sion of its implementation for three weeks for further public enlightenment on the programme. He had stated that the policy was for the good of all the residents of the Federal Capital Territory and the country at large. The minister said that the enforcement of the route delineation and other transport-related measures remain the best panacea to the problems bedeviling the transportation sector in the Federal Capital Territory. He listed other challenges to be tackled head on to include stamping out illegal secondhand car mart, unauthorised car wash centres and illegal motor parks in and around the Federal Capital City.

Wife wants eight-year marriage dissolved

4 3 - Y E A R - O L D housewife, Hauwa Ali, has pleaded with a Grade 1 Area Court in Wuse, Abuja, to dissolve her eightyear-old marriage. She accused her businessman husband, Shuaibu Ali, 72, of calling her a prostitute, “for no just cause. “He is always insulting me and referring to me as a prostitute. He calls me terrible names whenever he is angry.I am fed up, I cannot relate freely with any unmarried man because I will get into my husband’s trouble,’’ she said. She continued: “He has refused to give me and my son upkeep money for the past five months “I can no longer tolerate the insults. I want this court to dissolve this marriage and grant me full custody of my only son,’’ Replying, Shaibu said it was true that he had not given his wife money for the past five months.

From Bukola Amusan

“I have not given her any money for five months because I am not the only one sleeping with her. “When I married her, I was well-to-do but because I took ill and I no longer have money to take care of her, she started complaining and misbehaving,’’ he told the court. “During the period of my illness, she went ahead to incur debts and started moving about with different men without minding that she will be seen or caught,’’ he said. He insisted that the only problem he had with his wife “is that she follows different men’’. “Apart from mingling with men, I do not have any other problem with her,’’ Shuaibu said. “She is still my wife and I will not grant her divorce request,’’ he said. The president of the court, however, advised the couple to “try and settle their differences before then”.

I can no longer tolerate the insults. I want this court to dissolve this marriage and grant me full custody of my only son •Abuja

TUESDAY, JANUARY 29, 2013

time judges are retiring here, we say the same thing, yet we ‘Every know Chief Justices of Nigeria (CJNs) who returned money to the treasury and judges are suffering, how can that be, how can the judges be suffering when the CJNs are returning money. Is it because CJNs get houses built for them? What about the ordinary judges in the Federal High Courts and state High Courts. See page 31

E-mail:- law@thenationonlineng.net

’

Besides, an independent institution with adequate statutory safeguards may be better positioned to deal with the issues of discipline and removal as opposed to an institution that is largely managed by those it is supposed to regulate–Musdapher The whole idea of the independence of the judiciary is the capability of that institution to sanitise its ranks. But with this observation, it seems the Nigerian judiciary is bereft of the ability to ensure propriety –Oyebode The treatment of corruption in the judiciary is akin to a family hereditary disease - you don’t want to expose the family and at the same time you want to break the jinx of the disease and not pass it onto the next generation– Belgore On a daily basis, serious criminal offences are resolved illegally in police stations. That is what the NJC does with corrupt judges –Falana • Scale of justice

On many occasions, the public has heard of allegations of corruption on the Bench, yet no serving or retired judge has ever been brought to book. Are judges above the law? In several instances, those accused of wrong-doing are either retired or dismissed without being made to face trial. Should the existing mode of punishing erring judges be sustained or should an independent regulatory body be set up? PRECIOUS IGBONWELUNDU asks.

Judging the judges • Should a separate body be set up to discipline judges?

ILL a corrupt judge ever be jailed for corruption? This is a tall dream because of the belief that judges and their ilk are sacred cows. For many observers, that day may never come. Despite allegations of graft on the Bench, no judge has ever been brought to book. The National Judicial Council (NJC), which is charged with disciplining judges, basically retires or dismisses those found guilty of unethical or corrupt practices. Should such judicial officers not be handed over to the anti-corruption agencies for prosecution? Former Supreme Court Justice the late Kayode Eso decried corruption on the Bench. He even pointed fingers at judges who served on Election Petitions Tribunals, saying most of them had questionable wealth. In the past, judicial officers were held in high es-

Inside: Judiciary is in chains, says, Agbakoba P.31

teem, viewed as individuals without fault given the important role they play, but such high regard for them seems to have waned. What is the way out? Former Chief Justice of Nigeria (CJN) Justice Dahiru Musdapher proposed the creation of a separate institution, different from the NJC, to be vested with the powers to discipline erring judges. He said such body should be responsible for investigating allegations of judicial misconducts and corruption and enforcing the code of conduct for judicial officers, discipline and removal. His argument is that the NJC may not have the will to handover corrupt judges to anti-graft agencies for prosecution. To him, it appears that in a bid to protect the sanc•Continued on page 30

Dispute over Newswatch: More stakeholders... P.33

THE NATION TUESDAY, JANUARY 29, 2013

LAW COVER CONT’D

Judging the judges • Continued from page 29

tity of the judiciary, otherwise honest judges are driven to cover the misdeeds of their crooked colleagues. The need for incorruptible judges cannot be over-emphasised. It is said that a judge who is honest 99 per cent of the time is useless to the people, as his potential for corruption could claim an innocent life. For some lawyers, having an external, independent, unbiased body to conduct inquiry into allegations of misdeeds on the Bench is the only solution. For others, the existing structure should remain. Analysts believe the only way to make a judge answer for his criminal behaviour is to bring criminal charges against him. The ultimate irony is that the only way to bring criminal charges against a bad judge is to ask another judge for permission to pursue the bad judge, which may never happen. That corrupt minds occupy the nation’s Bench became public when the panel headed by Eso, came out with a damning report of massive corruption among judicial officers and recommended, among others, the sacking of some of them. The findings and recommendations of the Eso Panel partly informed the establishment of the National Judicial Council (NJC) by virtue of the provision of Section 153 of the Constitution. Section 20 of the 3rd schedule of the Constitution identifies its members, while Section 21 of the schedule spells out its powers. Among its powers, aside policy making and administration of the judiciary, include the appointment, dismissal and the exercise of disciplinary control over members and staff. It is also empowered to investigate allegations of unethical conducts against judges, and if found wanting, recommend such judge’s removal to either the president or governor. The existence of this body, notwithstanding, allegations of corruption and abuse of office against judges have persisted, with many describing judicial officers in uncomplimentary terms. Alarmed by reported cases of unethical conducts by judges at various electoral tribunals, Justice Eso was once reported to have described the role of some judges handling election petitions as “mind shattering”, referring to them as “billionaire judges.” The public disagreement between the suspended President of the Court of Appeal, Justice Isa Ayo Salami and former Chief Justice of Nigeria (CJN) on issues bordering on corruption and abuse of process served to further lower the confidence of members of the public on the ability of the judges to dispense justice in its actual sense. This state of affairs has led to various suggestions on how corruption and other vices could be tamed on the Bench. Some have suggested the creation of an independent body to be saddled with the responsibility of ensuring probity and punishing unethical conducts among judges and lawyers. Others called for criminal prosecution of erring judges as against the current practice of quiet dismissal. There is also the suggestion that the Constitution should be amended to give the NJC prosecutorial powers.

• Falana (SAN)

• Oyebode

• Belgore (SAN)

‘The ultimate irony is that the only way to bring criminal charges against a bad judge is to ask another judge for permission to pursue the bad judge, which may never happen’ Those who seek a separate body outside the NJC suggest that it should be left with administrative powers, which include managing funds for that arm of government, while the task of maintaining probity, investigating allegations of unethical conducts and punishment should be the concern of a separate body. They argued that the current composition of the NJC makes it difficult for the it to conduct independent and thorough investigation in most cases. They suggested that a retired senior judge, with record of probity and accountability, should head such a body, with other people with similar attributes, appointed as members. Those in favour of prosecution of erring judges argued that such a measure was sufficient to discourage corruption on the Bench. They said the fear of trial inb an open court like common criminals was capable of serving as deterrent to would-be corrupt judges. To them, the current practice where judges found wanting are only quietly eased out of the system while others face open court trial is unjust. They argued that judges who are found wanting should be tried like officers of other arms of government. Musdapher, in recommending the establishment of an independent body, said: “Please consider that thoroughly investigating petitions and allegations of impropriety against judicial officers as well as contraventions of the judicial code of conduct is too cumbersome for the NJC when viewed against the other responsibilities of the council. “Besides an independent institution with adequate statutory safeguards may be better positioned to deal with the issues of discipline and removal as opposed to an institution that is largely managed by those it is supposed to regulate. “I strongly believe that the creation of such an institution is the only way to properly focus on the problem of judicial corruption in Nigeria as it has been adopted in several common law jurisdictions. ‘‘I hope this proposal is given due consideration and perhaps made a subject of discussion and debate to exhaustively uncover its merits or demerits as a means to demonstrate a firm commitment to fighting judicial corruption and positively restore confidence in our courts,” he said. Renowned law expert Prof. Akin Oyebode said the NJC has not lived up to its establishing principle. He suggested that its functions should be taken over by the Judicial Service Commission (JSC) at the state and federal levels. He opposed the creation of an independent body but recommended that the JSC, which is already a creation of the law, should be allowed to function like the governing councils of universities. He also suggested that the JSC, in assuming the roles of regulating the conditions of service of judicial officers, their appointment and disappointment, the CJN and all serving judges should be removed from the body. ‘‘The office of the Chief Justice should be completely separated from this body

(JSC) so that there will be no compromise. The commission should be headed by a retired judge with proven integrity who has been found incorruptible because you cannot give what you do not have. He or she knows the values and all that is expected of a judicial officer. “The whole idea of the independence of the judiciary is the capability of that institution to sanitise its ranks. But with this observation, it seems the Nigerian judiciary is bereft of the ability to ensure propriety,” he said. He objected to the idea of public prosecution of erring judges, citing the practice in the United States as an example. “In America for instance, it is by process of impeachment. “Such an officer is brought before his peers to establish his guilt or innocence on any allegation. But many judges do not even wait for that process to be instituted as they throw in the towel. They resign in disgrace and live thereafter in ignominy. “We cannot fault the NJC for not arraigning corrupt judges because the NJC is not a trial court, neither is it its responsibility. The only thing it can do is recommend to the appointing authority for the dismissal of such officers. “Even in other climes, it is unusual for a judge to be tried, sentenced and incarcerated. Most times, to preserve the sanctity of the judiciary, they are quietly dismissed,” Oyebode said. A Senior Advocate, Dele Belgore, said internal cleansing was necessary to preserve public trust and confidence in the judiciary. He is not against the establishment of a separate body outside the NJC. He said whether that cleansing is done through the NJC or an independent body does not, really matter. Belgore argued that what matters is that those given the responsibility of cleaning the sector must discharge it effectively and have zero tolerance for corruption and at the same time, must be careful not to fall to witch-hunts, flimsy and unsubstantiated allegations. “The treatment of corruption in the judiciary is akin to a family hereditary disease you don’t want to expose the family and at the same time you want to break the jinx of the disease and not pass it onto the next generation. ‘‘The public must have confidence in the judiciary and every allegation of corruption erodes that confidence. One rotten apple sadly spoils the pack. Therefore to preserve the integrity of good and upright judicial officers and the system as a whole internal cleansing is preferable to an open and public exposure of judicial misdeeds,” he said. Another Senior Advocate, Dele Adesina argued that the NJC has lived up to its constitutional responsibility. He contended that the judiciary should be allowed to regulate itself. He objected to setting up of an independent regulatory body ‘‘Nobody is above the law, not even the CJN. It is no respecter of persons and that is the whole essence of the rule of law more particularly in the judiciary which is constitutionally saddled with the responsibility of

• Adesina (SAN)

interpreting the law. It is on record that a judge has been arraigned for murder in this country although he was discharged and acquitted at the end of the day that is to show that no one is above the law. ‘‘It is also true that the NJC had fired some judges and this has been done for several reasons including but not limited to corruption. When judges are dismissed on grounds of corruption that is the farthest the NJC can go because it is the limits of its statutory duty to enforce discipline and code of ethics. “It is the job of the relevant security agencies to arraign any person who has been found to have committed any crime including judges. We are running a constitutional democracy with the fundamental concept of separation of powers and so the executive has the constitutional powers to enforce the law, Adesina said. Joseph Nwobike (SAN) contended that the only reason why corruption persists in the justice system is the lack of political will and commitment on the part of those saddled with the responsibility of ensuring probity on the bench to address the situation. ‘‘I do not believe that there is any substantive or procedural challenge preventing the existing bodies regulating the conduct of judicial officers in Nigeria. I also do not believe more institutions are required to tackle corruption and corruption related misconduct amongst judges. ‘‘What, to me, appears to be lacking is the political will and commitment to address the menace. To create more institutions as is being suggested, will only result in enlarging the corruption space in Nigeria,‘’ Nwobike said. Rights activist, Femi Falana (SAN) argued that the NJC is duty bound to refer cases of corruption against judges to the anti-graft agencies. He likened NJC’s handling of cases of corrupt judges to the police settling serious criminal offences at the station, which he said were illegal. “On a daily bases, serious criminal offences are resolved illegally in police stations. That is what the NJC does with corrupt judges. “It is part of the culture of impunity that has been institutionalised in Nigeria. Although it is not the business of the NJC to prosecute corrupt judges, it is duty-bound to refer such cases to the anti-graft agencies for prosecution. “Even the Nigerian Bar Association has not deemed it fit to have lawyers who have been convicted disrobed,” Falana said.

• Nwobike (SAN)

THE NATION TUESDAY, JANUARY 29, 2013

LAW PERSONALITY

Judiciary is in chains, says Agbakoba Rights activist and former Nigerian Bar Association (NBA) President Olisa Agbakoba (SAN), in this interview with Legal Editor JOHN AUSTIN UNACHUKWU, calls for independence of the judiciary and the country’s overhaul to make things work.

OW do you feel about the state of Nigerian federation now? All facets of Nigeria’s life is in comatose and I am very happy that the media has performed its triple function of education, entertainment and information. The media had been in comatose when it comes to the other aspect of its work. So, the attempt by John Momoh to expose the failed Police institutions has provoked the most controversial reaction I have seen in Nigeria in recent times. The President is upset, the police hierarchy is upset, but full marks must go to the Inspector – General (IG) of Police. Why ? For granting permission for the interview to be conducted, because I don’t believe that Channels Television would be able to do that kind of incisive interview without endorsements. From the President’s reaction, everybody’s attention is now on the police, everybody has seen that the police is in a deep rot. What challenge do we take from that? As a lawyer I would challenge judicial correspondents, newspaper houses to take up this issue about the decay in the judiciary. It is fundamental and I was touched by the interview granted by Justice O. O. Adekeye (rtd). Which aspect of the interview touched you? She said that after 36 years of service in the Judiciary, she can’t look at a house she can go to as her own. Why was she not paid salary? This is because she was honest and patriotic. The judiciary has failed to provide housing for people who committed their lives to sacrifice for the nation. And she made a very important statement. What statement did she make? She said when we accuse judges of taking bribes, what do you expect when a judge, having served the nation loyally will have nowhere to go after retirement. And that is exactly what compelled me to file a law suit to get the judiciary to receive its own money. The judiciary consistently has been getting less in the federal budget every year. What do you mean by this? For instance, this year, the budget

• Agbakoba (SAN)

is about N65 billion whereas the office of the National Security Adviser (NSA) will get about N100 billion, one man against the third arm of government. This matter was brought up very forcefully at the last meeting of the National Judicial Council (NJC) when I invited and called upon the the Chief Justice of Nigeria (CJN) to lead the crusade. Why did you call her to lead the crusade? She has to lead the crusade. It is not enough for Danladi Umar Halilu who is the Chief Executive Officer of the NJC to go begging the executive to release funds and they release it as and when they like, when the Judiciary is by Section 81 of the Constitution, placed on first charge. What is the implication of this? The first charge on the consolidated revenue fund of the federation means that the judiciary is exempted from government intervention, they are not supposed to go to the executive to ask for money. Actually, the constitution recognizes three types of independent funding, the President, who is the head of the executive, the President of the National Assembly who is the head of the legislature and the Chief Justice of Nigeria (CJN) through the NJC, who is the head of the judiciary. So, what is envisaged here is that all three heads of governments send their appropriations to the National Assembly for harmonisation. But what goes on now is that the NJC sends its budget to the executive, who now on their own, undermine the budget. So, the judiciary is not free. The judiciary is not only enslaved, it is chained by the executive. No judge in Nigeria can be appointed without the express permission of the governor, that is shocking. The governor has to agree. At the NJC meeting we are always saying that governors must provide court houses, cars. If a governor is obliged to do these things and when you want to appoint a judge, the governors consent must be sought and had. How can these things be? When the president is appointing his ministers, does he seek the permission of the judiciary? At best he will seek the confirmation of the National Assembly. So, I think this year, the

Nigerian Bar Association (NBA) must engage in a very comprehensive and aggressive transformational war. I now understand why judges are timid and cannot give judgments. Why is it like that? It is because they have no money, because their governors can do and undo, their governors can say, you’ll not be the Chief Judge (CJ) of this state. We have many states now where there are no CJs because the governors want to hijack the state and the constitutional process has succeeded in giving the governors a very strong hold. Unfortunately, the administrative posturing of the NJC has not helped matters, they have been very timid. I can only point at few people like Justice Idris Auta, Justice Babtunde Adejumo, who have been at the forefront of massive transformation of the judiciary and people like Halilu Danladi, the CEO of the NJC have all done their best. What do we do to save this? The way it must go is that the head of the judiciary Justice Aloma Miriam Mukhtar must lead the battle. This is a year when the judiciary must declare its independence. If it is not declared, than nothing will happen, that is what I have been saying. We must stop this nonsense of a governor providing consent for a judge to be appointed. When this is done, you will see the level of progress that we will make. There is no one who will go to a doctor and spend nine years to be cured of malaria. Nobody has confidence in the judiciary because if you come to me as a lawyer with a simple legal problem, three to five years, I have not finished with the High Courts, to say nothing of the court of Appeal and the supreme Court which takes about 10 years in getting justice, who will build confidence. The only way to build confidence is to begin to say, the judiciary must be adequately funded by its own means. The judiciary is not going to kow-tow to the executive any further and that is why I have gone to court. What is your locus standi in this matter? I have the locus as a senior Advocate of Nigeria, 36 years in Law practice, former president of Nigerian Bar Association (NBA). If nobody will fight this war, I will carry it upon myself, we are going to fight that war and hopefully we will win. Then the judiciary will start to get the appropriate funding, for now, the judiciary is not getting any funding. You talk of police colleges. If the media is to cast their lights into the judiciary, what will come out will be appalling. Most judges have no houses, their chambers are broken, when I went to do a case before justice Olasunbo O. Goodluck in Abuja, I almost collapsed and I said my Lord, permit to take off my wig, the court was something like in the 14th century, yet look at the ministers and how they build facilities for themselves. Look at the National Assembly, look at all the sprawling mansions they have built, how many judges have access to competent secretaries, typists, stenographers and you expect them to deal with rulings and all that and churn out orders. Compare a judge and a minister, if a minister is receiving so much

• Agbakoba (SAN)

emoluments, I can assure you that the judge is receiving one tenth of what a minister is receiving. And when a judge begins to get ready for retirement, he would ask himself, where am I going to, I have nowhere to go and that is what Justice Adekeye said. Every time judges are retiring here, we say the same thing, yet we know Chief Justices of Nigeria (CJNs) who returned money to the treasury and judges are suffering, how can that be, how can the judges be suffering when the CJNs are returning money. Is it because CJNs get houses built for them? What about the ordinary judges in the Federal High Courts and state High Courts. So, if we do not deal with this, I am afraid that the Judiciary will be unable to perform its function of delivering justice to Nigerians without fear or favour. What is your contribution to this crusade? Well, my own contribution, having come to this pinnacle, at a point where I fear nobody from President down. I will respect them, but I don’t fear anybody, I am not interested in anybody helping me, I have fought hard and worked hard and by the Grace of God, I am who I am. So, I asked myself, can’t I give back to the society, when my father was CJ, was that how it was, why should I not spend sometime and make my own little contribution and possibly, the NBA will pick it up. What is the role of the NBA in this unfolding crusade? When I filed a case on the issue of the financial independence, I invited the NBA President and said this is the type of case the NBA should be in, if the NBA is in the case, it will be stronger than what I will do. But if you keep waiting as we have been waiting in this country, talk, and talk, hold seminar upon seminar, nothing will happen which is why I have personally retired from seminars, you will hardly find me in seminars where we keep issuing communiqué upon communiqué. The first time I moved a motion for the declaration of a state of emergency in the Judiciary was when OCJ Okocha (SAN) was the President of the NBA in the year 2000 in Maiduguri. 13 years down the line nothing has happened. I renewed the motion when J.B Daudu (SAN) was President, in Abuja, nothing has happened. Now, I am going to take distinctive and consistent action to play my role to see how we can make the judiciary an efficient third component of government. The NBA Anti-corruption Com-

mission has promised to deal with reported cases of corruption within the Bar and possibly, the Judiciary, what are your expectations from that commission in respect of this crusade? There are many people who need to be sent to jail, and I am happy Festus Keyamo has taken the gauntlet in respect of the case involving Hon. Farouk Lawan, because if we all begin to play this role, take it upon ourselves like the late chief Gani Fewahinmi did, we will get results. It is now that I appreciate what Gani did, every time anything wrong happened, Gani would go to court. People called him busybody, but I never called him busybody. But if the NBA would, in spite of the late action on the part of government not to do anything, if the NBA would use their Anti- Corruption Commission to begin to launch cases, then it will support what I am saying, that it is time for active and aggressive action to turn around Nigeria, because if we are all looking and keep asking what can we do, things won’t change. If the president could be affected by this small Channels T.V expose, it shows what will happen if civil societies, rather than abandon their functions should say no more, it is time for Nigerians to say enough is enough. My next law suit is going to be against state governors who have failed to hold democratically organised elections at the local governments level and my question would be whether the constitution by virtue of Section 7, envisages non democratic governments and whether it is lawful and valid for the Minister of Finance to pay out revenue to non democratic governments, because they are about 19 of them. And by the time this type of case begins to go round, it will encourage accountable behaviour, that is what we want to see. We want to see accountable behaviour. If you are a governor, behave yourself, don’t take what is not yours, look at how the governors have come to a point where they have no respect for Nigerians. We have about four or five governors dying and they don’t want to go. If a man is sick, is it his fault, it is certainly not his fault, you have served your state effectively and loyally for about six or seven years, if you are terminally ill, resign. But because they know that you and I don’t care, so you can have dying governors actually governing states. Enough is enough. The time for us to turn around Nigeria has come.

THE NATION TUESDAY, JANAURY 29, 2013

LAW & SOCIETY How can the 2015 election be free and fair? It is by the use of electric voting, say some. Others are averse to the idea. To some lawyers, if e-voting will improve the process, it will be worth the while. JOHN AUSTIN UNACHUKWU reports.

‘e-voting will reduce electoral fraud’

RESIDENT of Commonwealth Lawyers Association, Mrs. Boma Ozobia: If e-voting will make our election process more efficient and less susceptible to fraud and manipulation, I am all for it. It is not rocket science. Electronic voting in one form or another has been in use in different parts of the Commonwealth since the 60s. Available technology has been very successfully employed in Australia, Canada, India, the United Kingdom and Ghana. Here in Nigeria, we employed some evoting technology in the 2011 elections and the elections that have followed since then. It is, therefore, not alien to our electoral system. The main challenge with e-voting is to ensure there is a clear audit trail to enable voters, candidates and other interested parties ascertain that votes were recorded as cast, allocated to the appropriate candidates and properly and accurately counted. Once the system has an audit trail with an acceptable level of integrity, the electorate will have confidence in the system, or at least the e-voting aspect of the process.

Chief Mike Ozekhome (SAN) said: “It is my firm belief that a society ought not to be static. Societies must evolve, especially when the times and prevailing circumstances so dictate. Any society, which resists or exhibits any sign of allergy to change will, ultimately, relapse into a retrogressive state of anachronism.It is, therefore, my firm and fervent belief that Nigeria has come of age with regards to the use of electronic voting in the 2015 general elections. The argument for and against Although it has been canvassed by some eminent Nigerians that due to the level of illiteracy in the country, Nigeria is not ripe for the robust introduction of electronic voting into our the country, I make bold to say that illiteracy would not be a serious factor for its introduction. This is because, even the present non-electronic voting system we employ cannot be said to be illiterate-friendly in any way, since everything to be done is cast in literate language, except the voting and thumb-printing itself. It is my submission, therefore, that it is in the same way that illiterate Nigerians have coped and acclamatised with the manual voting system that they would invariably cope and acclamatise with the

electronic voting system. No one has disputed or is disputing that electronic voting is efficient and discourages electoral fraud in countries that have adopted it, including countries we share common literacy indices with, e.g Ghana. I, therefore, ask, if they are using it, why not us? Laws vis-à-vis electronic voting The main laws that are of great relevance to the conduct of electronic voting and post-election matters (e.g. Election Tribunals) are the Electoral Act (2010 as Altered) and the Evidence Act (2011 as Altered). While Section 52(2) of the Electoral Act expressly prohibits the use of electronic voting, Section 84 of the Evidence Act was specifically introduced to allow for computer-generated evidence during the cause of a trial. For there to be any meaningful advancement in the introduction and use of electronic voting in Nigeria therefore, Section 52(2) of the Electoral Act must be expunged from the Act and a new section inserted to provide for the use of electronic voting in the 2015 general elections and beyond. Without such an amendment, nothing can be done to advance the cause of electronic voting. The first ingredient of democracy is a credible electoral system. Electronic voting ensures this as it dispenses with manual manipulation by power desperadoes who dorn the garb of politicians.

Chief Ogwu James Onoja (SAN): “While I support all measures to bring the political class to embrace democratic reform through electoral accountability, I am afraid this country is not yet ripe for electronic voting come 2015. We should stop copying from developed democracies just what we feel is good without adverting our minds to condition precedence for application of such programmes. Politics is a game of numbers and for the well informed. How can we talk of electronic voting when the numerical strength of this country and the registered voters are matters still of speculative guess work and conjecture? The lack of proper and verifiable database of the population is a monumental impediment to introduction of electronic voting. We must also address the problem of uninformed electorate and the general illiteracy in the country before talking of electronic voting. In the absence an authentic national census, a well informed and educated electorate, adequate technological support, electronic voting system would only benefit two classes of Nigerians: The contractor who would get the business to dump on us fake machines from China and the political class who have learned how to manipulate the

machines to rig the elections. With electronic voting, the politicians shall no longer need our votes to dominate us in the name of democracy, they will stay in their party offices and employ the teeming legions of “yahoo practitioners” Former Chairman NBA Abuja branch, Mr Mela Audu Nunghe said: “My reaction for the call for electronic voting at the 2015 general election is traceable to the fact that something fundamental has gone wrong. People are disenchanted over the quantum and volume of massive rigging perpetuated through the electoral process. Hence the yearning for electronic voting is predicated on the belief that it will reduce or completely eliminate rigging and enhance the credibility of our electoral process and nurture our democratic growth. Before the 2011 general elections, it would be recalled there was an attempt and effort in that direction to use electronic voting through the purchase of DDC machines. In my view, keeping a comprehensive electronically compiled voters list in 2011 reduced several instances of rigging and missing ballot boxes which is the mainstay of some unscrupulous politicians as compared to the 2003 and 2007 elections. And consequently it also reduced election petitions that are based on rigging, violence, stealing of ballot boxes and other vices. I further make bold to say that the first election (House of Representatives) of April 2, 2011 that was cancelled by Prof Attahiru Jega due to complaints of late or no arrival of voting materials would have been fairer than all the elections held in Nigeria so far. •In consequence of the above, I am for the electronic voting for several reasons i.e. •It will reduce/eliminate to a large extent rigging of election results and enhance the credibility of our electoral process. •It is also in consonance with global best practices and Nigeria cannot be lacking behind. •Initial problems will always be surmounted with a willing and determined heart. The likelihood of hitches or fear of it should not deter Nigeria from going digital in its voting process. •Innovations that are in accord

with global best practices ought to be encouraged not withstanding teething challenges. Besides the greatest holy book says “nothing with God is impossible.” There are several countries in the world that have legalized their electronic electoral process such as United States of America to mention a few. Nigeria is not, both in size and population up to one state in the US where it has worked. This should encourage and not discourage the Nigerian government to practice electronic voting in 2015. There is enough time, if the will to amend the relevant sections of the Electoral Act and Constitution and train the relevant staff before the 2015 elections is there. I am of the opinion that sincerity on the part of the government should overtake any political consideration. The overall interest of Nigeria and the yearning and desire to develop a credible electoral process should be the drive to embarking on electronic voting in 2015

Chijioke Emeka: Let’s start by asking if manual voting is the problem with Nigeria’s elections? Is e-voting the answer? Now, I subscribe to any system that will ensure the integrity of elections, anything! We just have to get it right because electoral corruption is the root of all corruption! I back e-voting if it will protect the credibility of our elections.

But is e-voting above manipulation? Is there something inherently corrupt about manual balloting? Has it not worked in some places? If it has, why is it corruption-ridden in Nigeria? It boils down to people. If the people are so desperate to corruptly swing electoral outcomes by compromising the manual system are the same people to run the e-voting machines, is there guarantee that they will not devise new methods to perpetrate even more monumental electoral heist? I caution first things first. There is social reorientation to work on. e-voting regime will be electricitydriven. Who controls the levers of electricity power? The same people calling for e-voting today as the panacea will tomorrow still cry out that “in the whole of Popo-Yemoja and Lagbaja LGAs there was power outage and so the entire electorate was disenfranchised! The voting machines did not work!” It will still end up in the Election Tribunal. So, when we cite Ghana we need to look at these things first. India used it. It is good but not impenetrable. A feature of rigging in Nigeria that is less-talked about is misleading of illiterates. Illiterates require help and polling officials mislead them. The political class is still desperate. People and not the system, to my mind, remains the bane of credible elections in Nigeria. evoting will eliminate a lot of shortcomings in the manual system. Surely, we need it. But let’s embrace it with caution. Existing legal regimes The Electoral Act clearly prohibits electronic voting. Thus the National Assembly needs to amend the Act to pave way for e-voting for the 2015 elections. If you read Section 52(2) carefully, you will see e-voting is not completely ruled out. It is deferred to when Nigeria will be ready for it. I believe the law-makers considered the prevailing challenges of power, illiteracy, corrupt orientation, desperation etc to defer it. If we are ready for it, let the Act be amended.

‘We should stop copying from developed democracies just what we feel is good without adverting our minds to condition precedence for application of such programmes’

•From left: National Treasurer, NBA, Mrs Joyce Oduah; President, Mr Okey Wali (SAN) and General Secretary, Mr Emeka Obegolu during a media briefing in Lagos.

THE NATION TUESDAY, JANAURY 29, 2013

FROM THE COURT Dispute over Newswatch: More stakeholders join the fray

HE dispute over the ownership and management of the troubled news magazine, Newswatch has assumed a fresh twist as a new set of shareholders have questioned businessman-lawyer, Jimoh Ibrahim’s claim to majority shareholding in the company. Before now, the dispute had been between Ibrahim and some pioneer directors of the company: Ray Ekpu, Dan Agbese, Yakubu Mohammed and Soji Akinrinade. Few months after Ibrahim reportedly bought into the company, assuming 51 per cent holding, he took some decisions, including suspending publication purportedly to allow reorganisation. He also went before the Federal High Court, Lagos last year in suit number: FHC/CS/1054/2012. With the suit, he seeks to among others, strip Ekpu, Agbese, Mohammed and Akinrinade of their directorship status and prevent them from declaring a trade dispute between him, (with 51 per cent stake) and the remaining shareholders (with 49 per cent stake). This time, minority shareholders and former directors, NuhuWada Aruda and Professor Jibril Aminu are accusing the Ibrahim-led new management of allegedly assuming control of the company fraudulently and running it in a manner detrimental to the interest of other shareholders. Aruda and Aminu have initiated a fresh suit marked: FHC/L/CP/ 1367/2012 through a petition brought pursuant to sections 310 (a), (b) and (c) and 311(1), (2) (a) and (b) of the Companies and Allied Matters Act. They are praying the court to, among others, set aside the assignment on which basis Ibrahim purportedly assumed majority shareholding in the company. The initial suit, in which Justice Okon Abang is expected to deliver judgment in mid March, has Newswatch Communications Limited (NCL), Ibrahim and his company, Global Media Mirror Limited (GMML) as plaintiff, with Ekpu, Agbese, Mohammed and Akinrinade as defendants. In their originating summons, the plaintiffs are particularly praying the court to restrain the defendants from acting on behalf of the other shareholders who own the remaining 49 per cent stake. They argued that the defendants, with just 6.3 per cent cumulative share holding, and having resigned from the company, could no longer act for the company or its other shareholders. They set six questions for the court’s determination and sought six declarative reliefs and an order. They prayed the court to among others decide whether the respondents, having resigned from the company on May 5 this year, could continue to act for the company and parade themselves as its directors. They also want the court to decide whether or not the respondents, with just 6.3 per cent equity, could act for the owners of the company’s 49 per cent stake; whether in view of their minority share holding, the respondents could also declare, in law, give notice of trade dispute with the company and its Chairman. The plaintiffs urged the court to declare that the respondents, having resigned from the company, and their said resignation endorsed by the company’s board, they have ceased to by the company’s directors. They also want the court to declare that Ekpo and others, having resigned from the company, can no longer be referred to as its employees. In a supporting affidavit deposed

LAW AND PUBLIC POWER

with gabriel AMALU email:gabrielamalu1@yahoo.com

• Ekpu

• Ibrahim

By Eric Ikhilae, Legal Correspondent

cause of action against them, and that Ibrahim and his company do not have the authorization of the first plaintiff to sue. In their suit, Aruda and Aminu have also accused the company’s new management of systematically working to kill the its main publication - Newswatch weekly - magazine and replacing it with daily newspapers, to be published by a newly incorporated company – Newswatch Newspapers Limited – an arganisation in which Ibrahim’s company, GMML owns a majority shareholding. They averred that Ibrahim as the new Chairman of Newswatch Communications Limited and the company “have not called a general meeting since the said new illegal takeover of the company.” They argued that despite that Ibrahim and his company, GMML failed to comply with the conditions contained in the agreement- a Share Purchase Agreement - of May 2011 between Newswatch and GMML, they “wrongly assumed” the management and control of the company and shut down its operations to the detriment and loss of other shareholders. Aruda and Aminu noted that by Clause 3.0 the 2011 agreement, Ibrahim and Global Mirror was to acquire 51 per cent stake in Newswatch Communications on the condition they pay N510million as purchase price; by Clause 4.0 the money was to be paid on or before May 5, 2011, and by Clause 13.0 Global Media was required to pay additional N500million within 90 days of its takeover of the company. “Without complying at all with any of the aforementioned conditions of the agreement, the second respondent (Global Media), through the instrumentality of the third respondent (Ibrahim), went ahead and took over full control and management of the first respondent (Newswatch Communications). They argued that since the company was shut in August last year, it has lost about N15.780million in revenue and profit, part of which ought to accrue to its shareholders, including the petitioners. Aruda and Aminu are praying the court to among others, nullify the May 2011 agreement; an order directing Ibrahim and Global Media to the N15.780m lost suffered by the company so far. They are also praying for an order directing that any verified money by Ibrahim and Global Media in Newswatch Communications be refunded to them by the receiver/ manager from the funds realized from the operations of the company. They equally want the court to grant a perpetual injunction, restraining Ibrahim, Global Media and their agents from proceeding with the publication of the planned daily papers; and order of perpetual injunction restraining them from further interfering in the management and control of Newswatch Communications. They have also filed a motion on notice for interlocutory injunction restraining Newswatch Communications, Global Media, Ibrahim and Newswatch Newspapers from publishing and selling to the public, the daily newspapers pending the determination of substantive suit. In an earlier ruling on a motion ex-parte by Aruda and Aminu, Justice Ibrahim Buba, abridged the time within which the respondents were to file and serve their processes.

to by Gloria Ukeje, the plaintiffs argued that Newswatch owed about N362,132,764.19 when Ibrahim bought into it and acquired the majority shareholding of N51 per cent. She stated that by the current shareholding structure of the company, the defendants do not have enough shares for them to be qualified to be on the company’s board. The defendants responded by filing objection and counter affidavit, in which they faulted claim by Ibrahim that he legitimately acquired majority shareholding in the company. They denied the businessman’s claim that they were no longer directors in the company. Ekpu, Agbese, Mohammed and Akinrinade stated that Ibrahim has consistently misrepresented facts in his claim to the ownership of the company. They admitted that parties actually entered a share purchase agreement, but that Ibrahim and his company, GMML in the company’s bid to raise funds to improve on its operations. They faulted Ibrahim claim that he has acquired the company. They contended that he failed, along with his company, to perform their obligations under the agreement. Ekpu, Agbese, Mohammed and Akinrinade accused Ibrahim of subverting the actual intention of parties to the agreement. They alleged that he has not demonstrated any intention of growing the company, but rather, has engaged in stripping its assets. They averred, in the counter affidavit deposed to by Akinrinade that by the agreement, Ibrahim and his company were required to pay N510million before May 5 last year, the completion date of the transaction, before they could take over the board of Newswatch and its management. They averred that Ibrahim and GMML failed to meet the said requirement by May 5, but instead caused the money to be transferred on May 9 from “the account of another company – NICON Investment Limited – into a new account that he (the second plaintiff) had opened in the name of the first plaintiff (Newswatch Communications Ltd) without any board resolution of the first plaintiff and in respect of which he was the sole signatory.” The pioneer directors admitted resigning as executive directors of the company at the completion meeting of May 5 last year. They said they were reappointed as non-executive directors, a development which accounted for why the magazine continued to bear their names as directors after the said meeting. They denied Ibriahim’s claim that an Annual General Meeting of the company was held on August 20 this year. “We state categorically that Form CAC 7 filed at the Corporate Affairs Commission as well as Form CAC 2 and Form CAC 2.1 attached to the plaintiffs’ affidavit are contrived by the second and third plaintiffs (Ibrahim and GMML) as there was no meeting of the first plaintiff (Newswatch) at all to that effect. The directors averred that rather than perform their obligations under the agreement, Ibrahim and GMML have allegedly hijacked the company to themselves, and seek to use the instrumentality of the court to legalise their alleged illegal actions. In their objection, they argued that the suit disclosed no reasonable

Labaran Maku and his tours

HE recent assertion by Information Minister, Labaran Maku that President Jonathan’s administration has delivered on an Inland port for the commercial city of Onitsha leaves a sour taste in the mouth. This tainted claim was made by the Minister during his so called good governance tour to Anambra state. With a nearby sagging River Niger bridge that may yet collapse into the same waterway, it is a double whammy for the city of Onitsha from a President they gave so much at the last presidential polls. For the avoidance of doubt, the inland port in Onitsha is a ruse, as there is no waterway for a sizeable ferry to pass through, not to talk of a trans-loaded ship. The misrepresentation of facts by the Honourable Minister on the Onitsha port confirms clearly that the good governance tour is a jamboree. As correctly seen by many, it is an ill conceived public relations job aimed at readying President Jonathan for the 2015 presidential election. Having passed through the Niger Bridge early this January, which is within sight of the so called port, I am astounded that the Minister could make his assertion, when a massive mound of earth is left standing as a complement to the quayside. Again the Minster knows for certain that no dredging has been done in the Niger Delta area up to Onitsha, and none is likely to be done in the life of this administration. Annoyingly just like the National Party of Nigeria gamed with the Igbos close to elections during the government of former President Shehu Shagari, the Peoples Democratic Party has learnt to use the provision of a port and a new bridge in Onitsha to tantalize the people for votes. We recall that former President Olusegun Obasanjo sometime in 2007, also engaged in what can be termed advanced political fraud when he lead the then Governor-elect, Andy Uba and other power elites to a false ground breaking ceremony for a second Niger Bridge. Just like in the previous era, the promise of a new bridge and a river port is about to be used again as a bait for Igbo votes in 2015. Unfortunately the Governors of the Southeast states have acquiesced to this perennial fraud. During the reign of President Obasanjo, most of the Governors except perhaps Orji Uzor Kalu of Abia state lacked the courage to demand for their peoples’ entitlement in a democracy. In this era, unfortunately again, all the Governors have shown that they are cheer leaders for a non-performing President Jonathan, and none has shown the courage to demand on behalf of the people, a functional inland port and a deserved new Niger Bridge. Leading the vanguard of uncritical supporters of the President among the Governors is Peter Obi of Anambra state. Considering that Governor Peter Obi is always hanging around the presidency serving in one committee or another, it is a shame that his almost eight years of groveling has not earned his state and Ndigbo, perhaps their two most important demands from the federal government in the current era. But for the recent rehabilitation of one side of the Onistha-end of the dual carriage way to Enugu, Obi’s famed unflinching support for the President and his policies would have been termed a total disaster. Unfortunately despite the President’s shortcoming in delivery of benefits to Anambra state and Ndigbo, the Governor like his colleagues, keep celebrating the several wasteful visits of the President to his state. And now that the President is becoming paranoid about criticisms it will be more difficult to impress on him the urgent need to deliver on his promises to the Igbos. Anybody who read the President’s blame game of his political opponents for the well commended Channels Television expose of the rot in the Police College, Ikeja, would know that the country is in big trouble, as the President gets worked up over fears for a second term. As the President’s comment showed, he has his two eyes now permanently fixed on 2015 elections, with scanting side glance for governance. The President’s reaction showed that he is more worried about his political reputation than the inconceivable humiliation the police trainees go through at the training college. I digress. To show how contemptuous Maku’s wandering has become; the government of Bornu state, last week, through their information Commissioner asked the Minister not to bother to come to their state. The grouse of the state is that there is no on-going or completed federal government project in the state for the Minister and his fellow wanderers to show case. But for the Minister’s insistence on exploiting the mass media opportunities at his command, the President had last year commissioned the same bogus Onitsha port. I recall that that first ruse was to stem the peoples’ anger after the President contemptuously relived Professor Barth Nnaji of his Ministry, following pressure from his duplicitous lieutenants. No doubt, other high ranking officials from the Southeast will share the blame if this Maku’s advertisement is allowed to remain a mirage. These of course include the deputy Senate President, Ike Ekweremadu, whom I criticized on this issue among others on this page, two years ago. The result was severe tirades from his media handlers. Of course the claim by his supporters and my critics published in Thisday Newspaper in reaction was that contrary to my claims, a new Niger Bridge was budgeted for. There are others like the Minister for Finance and coordinating Minister for the economy, Dr. Ngozi Okonjo-Iweala and the Secretary to the Federal Government, Anyim Pius Anyim. These high ranking Igbo officials must insist that Mr. President and his Minister, Labaran Maku, must walk their talk without further delay.

‘As the President’s comment showed, he has his two eyes now permanently fixed on 2015 elections, with scanting side glance for governance. The President’s reaction showed that he is more worried about his political reputation than the inconceivable humiliation the police trainees go through at the training college. I digress’

THE NATION TUESDAY, JANUARY 29, 2013

LEGAL OPINION

Booby traps in new companies regulation New rules and guidelines for incorporation of companies have come into effect, with the introduction of the Companies Regulation 2012 by the Federal Ministry of Trade and Investment. A Lagos-based lawyer, Chukwuemeka Eze, examines the new provisions and their legal implications.

HE Federal Ministry of Trade and Investment, which is the parent Ministry to the Corporate Affairs Commission (“CAC” or “the commission”), has made the Companies Regulation 2012 pursuant to sections 16, 585 and 609 of the Companies and Allied Matters Act, Cap. C20, Laws of the Federation of Nigeria, 2004 (“CAMA”) to serve as the “bible” of requirements for the Commission’s pre-incorporation and postincorporation processes. The new regulation regime will commence on January 1, 2013. In the new dispensation, some changes in the way of doing business with CAC have manifested and my duty in this piece is to xray some of these changes.

Inclusion of identification document is now mandatory In order to elicit more information to meet the principles of Know-Your- Customer (KYC), Regulation 15 of the Companies Regulation 2012 (hereinafter referred to as Regulations 2012) provides that: “Particulars of first subscribers, first directors, subsequent directors and trustees shall be accompanied by photocopy of information page of international passport or national identity card or driver’s license of the subscribers, directors or trustees.” This requirement for identification document is also provided for in Regulations 23, 57 (6), 58 (5), 59 (5), 60 (6), and 63 (2). Registration with the financial reporting council of nigeria Evidence of payment of Financial Reporting Council of Nigeria (FRC) annual dues has become a necessary condition for engaging the Commission in many of its activities. CAC Regulation 2012 has made it compulsory that documentary evidence of payment of FRC’s annual dues must accompany other documents needed to perform different activities at the Commission. This evidence is needed in the Alteration of Memorandum {Regulation 25 (i) (e)}, Increase in Share Capital {Regulation 29 (i) (e)}, Reduction in Authorised Share capital {Regulation 30(i) (h)}, Return of

Allotment of Shares {Regulation 32 (i) (c)}, Transmission of Shares {Regulation 33 (i) (d)}, and Filing of Annual Returns {Regulation 40 (i) (c)}. It may be necessary to take a critical look at the essence of the Financial Reporting Council of Nigeria vis-à-vis its relevance to the Regulations 2012. The Financial Reporting Council of Nigeria (“FRC”) was established under section 1 of the Financial Reporting Council of Nigeria Act, 2011. By virtue of section 2 (1) (d) (vi) FRC Act, the Corporate Affairs Commission is listed as a member of the Board of the FRC. The functions of the Council include maintaining a register of professional accountants and other professionals engaged in the financial reporting process. Under section 11 of the FRC Act, the objects of Council of the FRC include to: •Ensure good corporate governance practices in the public and private sectors of the Nigerian economy, and •Harmonise activities of relevant professional and regulatory bodies as relating to corporate governance and financial reporting. Sections 23 (g) and 49 of the FRC Act provides for the establishment of Directorate of Corporate Governance. One of the functions of this Directorate as provided for under section 51 (c) include to issue the corporate governance code and guidelines, and develop a mechanism for periodic assessment of the code and guidelines. While every professional registered with FRC is required to pay an annual levy of not less than N5,000 if section 33 (1) (a) FRC Act is anything to go by, section 41 (1) empowers FRC to maintain a register of professionals. Subsection 2 of section 41provides that a person shall not hold any appointment or offer any service for remuneration as a professional for public interest entities, unless he is registered under this Act. Subsection 6 makes it an offence liable to a fine not exceeding N500,000.00 or to imprisonment for a term not exceeding 6 months or both for anyone who fails/refuses to register with FRC. Section 42 (1) of FRC Act provides that the dura-

tion of validity of the registration will be 2 years. One wonders why evidence of payment of FRC annual due/levy should be a condition for carrying out certain activities at CAC considering that lawyers, who form a large chunk of the accredited agents of CAC, do not fall within the immediate contemplation of the FRC Act. Section 2 of the Act, which established the Board and Membership of FRC, did not include the Nigeria Bar Association. Moreover, the FRC Act is an Act that repealed the Nigerian Accounting Standards Board Act, No. 22 of 2003 and has charged the FRC with the responsibility for, among other things, developing and publishing accounting and financial reporting standards to be observed in the preparation of financial statement of public entities in Nigeria; and for related matters. In all respects, the emphasis of this Act is on “the accounting and financial reporting standards of public entities.” The Minister of Trade and Investment, however, has by the Companies Regulation 2012 extrapolated the mandate of FRC to, indirectly, include registration of lawyers who desire to do business in certain regards with the Corporate Affairs Commission. On the other hand, the Chartered Institute of Taxation of Nigeria (CITN) is a member of the Board of FRC and it is inescapable for its members to apply to the FRC for registration, more so since the nature of the work of tax professionals fall squarely within the purview of FRC especially as it relates to corporate governance. Time of filing annual returns Beyond increasing the cost of filing annual returns and the cost of penalty for late filing in Schedule 3 of Regulations 2012, a new regime currently governs filing of annual returns for companies, business names and incorporated trustees. Regulation 40 (2) provides for the annual return of companies thus: Annual Return shall be filed with the Commission immediately after 42 days of the holding of the annual general meeting for the year. Regulation 64 (3) provides for the time of filing of annual returns for BUSINESS NAMES or firms: “The annual return shall be filed not later than the 30th day of June each year.” As for incorporated trustees, Regulation 73 (2) provides that, “the annual return shall be filed not earlier than 30th June or later than 31st December each year (except the year in which it was incorporated).” Churches, ngos, other associa-

tions face more commitments Regulation 73 (3) provides that annual returns being filed for churches, nongovernmental organisations, clubs, foundations, and other associations flourishing as incorporated trustees shall be accompanied by the audited account of the body. Regulation 76 provides for the annual general meeting of an association. Of particular interest is Regulation 76 (2) which provides that “Notice of the meeting shall be given to all its members and the Commission.” Regulation 77 has highlighted the • Minister of Trade and Investment, Olusegun books to be kept Aganga and maintained by an incorporated trustee. These Amendment of forms include:Books of account (showSchedule 2 of Regulations 2102 ing income and expenditure, contains precedents of CAC sources of income, assets and liforms. Forms CAC 2, 2.4 and 3 abilities of the association), minhave been amended by introducutes book, register of members, ing columns for nature of busiand register of trustees. ness/code and making provision for business address other Increase in fees than the registered address of the The Commission has increased company. its fees in many respects. For inForm CAC 2 is the Statement stance, the cost of filing a busiof Share Capital, CAC 2.4 is the ness name has been increased by Notice of Change of Authorised 150%; Annual Return for IncorShare Capital while Form CAC porated Trustees increased by 3 is the Notice of Situation/ 400%; Filing of Incorporated Change of Registered Address. Trustees increased by 50% with varied percentage increases in Conclusion cost of obtaining certified true This piece has not exhausted the copies of constitution and incorchanges inherent in the new poration form. Cost of Filing regulation regime but it has highannual returns for companies has lighted salient changes that can also increased. confound the uninitiated. It is my candid view that the Differentiation of private comrequirement for provision of panies for the purpose of filing evidence of payment of FRC anreturns nual dues is unnecessary and It used to be the case that all should be dispensed with. private companies were treated Generally, the Companies as a unit for the purpose of filing Regulation 2012 has clarified of annual returns. In this new dismany hitherto practices of CAC, pensation, there are different which were not eminently availcosts for filing of annual returns able in the public domain. for a small company and filing of annual return for a private •Eze is principal partner at Eze company other than a small comand Associates, Lagos. pany.

‘It is my candid view that the requirement for provision of evidence of payment of FRC annual dues is unnecessary and should be dispensed with’

Law Digest maiden edition out

L • Director-General, Nigerian Institute of Advanced Legal Studies (NIALS) Prof Epiphany Azinge (SAN) presenting a plaque to the Chairman, National Character Commission, Prof Shuaibu Oba Abdulraheem , the special guest at the roundtable on Gender and Minority Rights organised by the institute at the Supreme Court, Abuja.

AW Digest, a new international legal journal, has made its debut. According to the Publisher of Law Digest, Seyi Clement, the magazine aims to profile Nigerian lawyers who have made outstanding contributions to the legal community and espouse the high standard of the profession. He said it was also published with the aim of providing adequate and well-researched information concerning the law profession and is intended to improve the standards of legal and corporate practice in Nigeria and

to address legal issues without bias. Seyi Clement, described the magazine as a truly independent publication, which addresses legal issues without any personal or political angle adding , “we have a panel of eminent jurist, who review articles and if they feel it is up to standard we will publish it,” he said. He pointed out that the maiden edition of Law Digest has set a precedent by featuring international contributors from the major common law jurisdiction including US, Canada and UK, who astutely ana-

lyse global and domestic jurisprudence from a Nigerian perspective. The publication also contains high-quality articles from members of the public alongside those of noted legal practitioners, budding scholars and business executives, rather than propagating he views of selected few. Law Digest, a 52-page full-colour magazine is the brainchild of Seyi Clement who was called to the Nigerian Bar in 1987. He qualified in Britain as a solicitor where he has been practicing corporate and commercial law since 2000.

THE NATION TUESDAY, JANUARY 29, 2013

LEGAL OPINION

Nigeria’s quest for environment governance • Continued from last week

HE main safeguards for the citizen against oppressive or faulty acts and omissions of government agencies are usually through judicial review of administrative action, vide which superior courts are able to exercise a residual controlling power on matters such as vires as these are relevant to the legality of official decisions. The good work of judicial review notwithstanding, it was also realized that access to court if absolutely unqualified will place too heavy a burden on public authorities if they have to defend every act against every disgruntled and dissatisfied member of the public. This will impede the administration of government. Consequently, the law gave statutory protection in the form of concept of pre-action notice. In all of the statutes that have preaction notice, the approach towards enforcing the seeming mandatory and fundamental nature of its rules has been the same, namely, that the failure to give it as prescribed by the relevant statute is not a mere irregularity which could be waived by the defendant. It would be construed as a failure to comply with a condition precedent and its effect would be to deprive the trial court of competence to look into the case.92 In the face of current thinking, approaches and practices towards evolving an enduring strategic environmental management system, other jurisdictions have adopted a different approach to giving effect to pre-action notice. The nature of environmental risks is such that an injunction quia timet of ex parte nature is what may be required to avert the prospects of imminent danger that loomed large. In this case, a provision requiring notice of 1 month to 3 months, as the case may be, may result in harm of irremediable nature. Consequently, the approach in other jurisdictions have been to hold that the notice provision is merely procedural such that the court will be prepared to stay proceedings and allow notice to be served rather than dismissing or striking-out the suit93; or to approve that citizen suits can be brought without prior notice under federal question jurisdiction;94 or for the legislature to always add a savings clause to preaction notice provisions to the effect that such provisions shall not restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any effluent standard or limitation or to seek any other relief.95 In order to infuse a change in the way the Nigerian judiciary approaches the issue of pre-action notice as relevant to environmental issues, I articulated my position in an article published in 2001 entitled ‘Retheorising Pre-Action Notice as a Tool for Strategic Environmental Management in Nigeria’.96 I further discussed my concerns with members of my post-graduate class which included my respected friend and brother, Mr. Mike Igbokwe, SAN, and also forwarded copies of the published article to all the learned justices of the Supreme Court at the time. I was pleasantly thrilled when Mr. Igbokwe excitedly called me in 2002 to note that the Supreme Court in the case of Mobil Producing (Nig) Unlimited v. LASEPA, FEPA & Ors97 has held inter-alia, that the service of a pre-action notice is at best a procedural requirement and not an issue of substantive law. Interesting as this development would appear to be, it has little promise in that non-compliance with pre-action notice still renders an action incompetent, except where it is not raised

By Olanrewaju Fagbohun

by a defendant in which case it would be taken as a mere irregularity. It is my respectful submission that it is time for the Supreme Court to lift the stakes in purposive construction, and at the minimum allow for stay of proceedings while the notice is being served. This will enable courts to be in position to grant orders of injunction in deserving situations. (ii) Limitation periods The main purpose of limitation periods is to avoid a defendant having the indefinite threat of a claim. Consequently, on the premise that the ability of a defendant to prepare a defence is undermined where a claim is revived after a period of time, a statute of limitation sets the maximum time after an event that legal proceedings based on that event may be initiated. Thus, it is not unusual to see provisions like that of the Nigerian National Petroleum Corporation Act which provides that claims against the Corporation and its subsidiary companies must be instituted within a period of one year from when the cause of action arose.98 Given that a considerable period of time can pass from the time a pollutant is put in the environment and when it is discovered to have impacted its victims, it is often a difficult problem for potential litigants when they are faced with a statute of limitation in respect of which time starts to run from the date the act or omission occurred, and not the date of knowledge. In order to meet the challenge of limitation periods for environmental matters, what some jurisdictions have done is to provide that time runs from the date the cause of action accrued or, if later, the date of the claimant’s knowledge. Some others provide that the starting date is the earliest date the claimant knew that the damage was sufficiently serious to justify proceedings, that it was attributable to the alleged negligence, and the defendant’s identity.99 I respectfully submit that it is along these lines that Nigeria must urgently begin to reengineer its laws if it is to ensure the protection of her citizenry in the context of environmental concerns and sustainability.100 (iii) Standing Another hurdle that environmental litigants seeking to use the civil liability regime must face is that of establishing standing. The concept of standing is viewed as a fundamental gate-keeping requirement for access to the court system. The traditional, strict test of standing (locus standi or standing to sue) as espoused by the cases is that a person should have a direct personal and proprietary relationship with the subject matter of litigation. In other words, he must have suffered special damage peculiar to himself from the interference with the public right.101 Aside of serving as ‘gate-keeper’ against the busybody and the crank,102 the concept of standing, it is believed, also confines the judiciary to its limited role in the system of separated powers in the way it helps ensure that cases filed in court involve the type of welldefined, adversarial contests which the courts are institutionally com-

petent to resolve. While some jurisdictions have approached the application of the doctrine with its traditional rigidity, others have shown a preparedness to allow for a more flexible approach. Overall, three principal positions have been identified, namely: (1) the extensive approach which permits public interest actions to be brought in the form of actio popularis; (2) the restrictive approach which requires a potential litigant to demonstrate a breach of one of its own rights. This approach does not accept of law suits to protect collective interest or diffuse interests; and (3) the intermediate approach. Here the concept of ‘interest’ is broader than the requirement of a subjective right, but still ensures that a connection exists between the plaintiff and the cause of action.103 With respect to Nigerian courts, there is still no clearly established right of standing beyond that traditionally recognized under the common law. Following the decision of the Supreme Court in Fawehinmi v. Akilu, 104 it was the view of many that the common law concept of locus standi has been broadened from the inconsistent and conflicting interpretation of section 6(6) (b) of the 1979 Constitution in the earlier decided case of Abraham Adesanya v. President of Federal Republic of Nigeria.105 By the time the case of Owodunni v. Registered Trustees of the Celestial Church of Christ106 was decided, it became clear that the Supreme Court was more disposed to the restrictive approach underscored by Bello JSC in Adesanya’s case.107 The wider implication of what has happened at the Supreme Court in relation to the concept of standing is that it has facilitated inconsistent, contradictory and confusing tendencies in the exercise of discretion by the lower courts. While some have continued to affirm the traditional individualistic application of locus standi, others have embraced the contrasting communitarian approach.108 Premised on this, there have been strident calls for the Supreme Court, being the apex court, to give clarity on what should be the approach of the judiciary. With particular reference to environmental litigation, the reason why it has been urged that it should be viewed differently from other forms of litigation is primarily because the environment does not have a voice of its own. It often needs committed representatives, independent from government functionaries who in certain situations could be compelled to act in defence of a state entity engaged with impunity in activities detrimental to the environment. Among the advantages that have been canvassed in situations where rules of standing have been relaxed to allow for public interest litigation are: first, that the existing enforcement deficit prominent with environmental law could be tackled more successfully if more litigation rights exists; second, that it will contribute towards the democratic endeavours of the Aarhus Convention both with regard to general public awareness building as well as to participation rights. Third, that it would even the playing field and not leave the financially strong industries to be in position to challenge stringent regulations, while those harmed by

• Prof Fagbohun

pollution are not liable to challenge weak government regulations. Finally, that it induces positive environmentally friendly actions. The possibility that a polluter can be sued will itself have a positive effect by inducing public authorities and business enterprises to examine more carefully the compatibility of their decisions and activities with environmental law stipulations. If we put in proper perspective the weak governance system that Nigeria has, it is clearly of importance for her to reform her rules of standing particularly in the way it affects environmental matters. This could be by way of judicial influence or legislation. For the judiciary, what is important is that judicial expansion of standing must be done with clear principles that will ensure the court system retains a consistent, efficient image and not one that bases a citizen’s right to bring litigation on subjective discretion. The following list 109 presents one of such guides. Starting with the least harm required for law suits seeking compliance with informational or public participation rights on one end of the continuum and ending with the highest burden for lawsuits seeking compensation for harm from pollution: i) If the plaintiff is seeking to exercise a public right to gain access to information or to participate in a public process, the burden is minimal since the right attaches to all interested members of the public; ii) To seek an adequate environmental impact statement, the plaintiff would not need to prove that the underlying project will cause harm, but merely that the plaintiff would be affected by the project and that there is sufficient evidence of potential harm to warrant an analysis in an environmental impact statement;110 iii) To enforce a zoning standard, the plaintiff may need to be impacted by the project, but need not prove that the project will cause particular harm if the zoning standard is violated because the legislative body already made that judgment; iv) To require adherence to a permit or regulatory standard, the plaintiff need not prove that violation of the standard will cause personal injury, since the permit or standard embodies a judgment that

‘If we put in proper perspective the weak governance system that Nigeria has, it is clearly of importance for her to reform her rules of standing particularly in the way it affects environmental matters. This could be by way of judicial influence or legislation’

the enterprise must abide by the limit; 111 v) To obtain compensation from harm from pollution, the plaintiff would need to be the person harmed by the pollution. The kind of approach stated above is what will serve the view expressed by Tobi JCA (as he then was) in the case of Busari v. Oseni,112 where His Lordship urged as follows: In my view, the frontiers of the concept of locus standing should not be static and conservatively so at all times. The frontiers should expand to accommodate the dynamics and sophistication of the legal system and the litigation process respectively. In other words, the concept must move with time to take care of unique and challenging circumstances in the litigation process. If the concept of locus standi is static and conservative while the litigating society and the character and contents of litigation are moving in the spirit of a dynamic changing society, the concept will suffer untold hardship and reverses. That will be bad both for the litigating public and the concept itself. In relation to legislative intervention, this is what has been used critically to broaden access to courts and give a boost to public interest litigation. The approach is either to enact broad standing provisions in a framework law pursuant to which the courts can liberally interpret the rules of locus standi, or to enact prevention-oriented statutes that (1) establish minimum standards, (2) require polluting facilities to obtain permit that incorporate and adapt those standards to the particular enterprise, and (3) authorize governmental and citizens suits to enforce both the requirement to obtain a permit and compliance with the particular permit.113 Using these approaches, countries like the United States, Australia,114 Portugal, France, the Netherlands, Belgium,115 Greece, Brazil, Philippines,116 and Bangladesh117 have in relation to environmental matters been able to reduce or put an end to the burdensome requirement of standing. In Africa, countries like Tanzania, Uganda and Kenya118 have also reduced the excessive burdens of the proof of standing on plaintiffs and the courts. At the very general level, environmental protection is seen in opposition to economic development, and often the latter tends to prevail. • To be continued next week •Fagbohun is Professor of Environmental Law and Head of Department, Akinola Aguda School of Postgraduate Studies, Nigerian Institute of Advanced Legal Studies (NIALS), Lagos.

THE NATION TUESDAY, JANUARY 29, 2013

LAW REPORT

Whether a state is littoral or not in Nigeria is a question of fact

IN THE SUPREME COURT OF NIGERIA On Tuesday, July 10, 2012 Suit No: SC.250/2009 BEFORE THEIR LORDSHIPS

DAHIRU MUSDAPHER....... Justice of the Supreme Court MAHMUD MOHAMMED....... Justice of the Supreme Court JOHN AFOLABI FABIYI....... Justice of the Supreme Court OLUFUNLOLA OYELOLA ADEKEYE....... Justice of the Supreme Court SULEIMAN GALADIMA....... Justice of the Supreme Court BODE RHODES-VIVOUR....... Justice of the Supreme Court NWALI SYLVESTER NGWUTA....... Justice of the Supreme Court BETWEEN ATTORNEY-GENERAL, CROSS RIVER STATE

...APPELLANTS

AND 1. ATTORNEY-GENERAL OF THE FEDERATION 2, ATTORNEY-GENERAL, AKWA IBOM STATE ...RESPONDENTS

“T

HE effect of the judgment of the International Court of Justice dated 10/10/2002 on the land and maritime boundary case between Nigeria and Cameroon is that it has wiped off what used to be the estuarine sector of Cross River State as a result of which the State is hemmed in by the new international boundary between Nigeria and Cameroon. That being the case, there seems to be no longer any estuarine boundary between Akwa Ibom State and Cross River State. lf the median line principle or the ‘thalweg’ principle is adopted in drawing the boundary line along the Cross River between the Cross River State and Akwa Ibom State, the line must intersect and the new maritime line between Nigeria and Cameroon with the result that Cross River State no longer has a seaward boundary. In the circumstance, it is unnecessary to consider in the instant case the question about the applicable principle in determining the maritime boundary between the two states.” Another fine point projected in the case by Edozie JSC (as he then was) at Pg. 109 parags D-H is that “It can easily be seen from paragraph 17 of the above affidavit that the revised boundary delimitation of the NBC dated 5/7/2004 which the plaintiff is urging this court to declare as the maritime boundary of the two states is predicated on the negotiations between Nigeria and Cameroon which negotiation is almost but not finally concluded. It also needs to be stressed that the NBC revised boundary map was made and allegedly approved by the President at a time when the boundary dispute was sub judice. In the light of the observations I have expressed above regarding the NBC revised boundary delimitation, I do not feel comfortable to grant the declaration sought. Until both Nigeria and Cameroon conclude their negotiation to finality and the international boundary fixed by the ICJ is modified and published in line with the agreement, it will be premature for this court to determine the maritime boundary of the two states.” The plaintiff argued that the decision of the International Court of Justice can no longer be the basis for changing realities as erroneously canvassed by Revenue Mobilization, Allocation and Fiscal Commission and the National Boundary Commission. The reasons given were that (1) the decision of the International Court of Justice was made in 2002. (2) The boundary dispute between the plaintiff and the 2nd defendant was amicably resolved in 2005. (3) The decision has the implication of the retention of the Western part of Bakassi Peninsula by Nigeria which means legally and administratively Bakassi LGA of Cross River State remains an integral part of Nigeria. This entails that Cross River State has an outlet to the sea. This foregoing to my mind is a misconception. As the attempt by Nigeria through President Olusegun Obasanjo to retain Western Bakassi Peninsula sequel to the ICJ judgment proved abortive. On the basis of the retention, Cross River State would still have had direct access to the sea and would have remained a Nigerian Littoral State. It was based on the negotiation and the expectation that Nigeria would be allowed to retain Western Bakassi that the NBC letter of 4th January 2005, the plaintiffs Exhibit F titled ‘Akwa Ibom/Cross River Inter-State Maritime Boundary’ was approved by the

President and the 76 oil wells transferred and attributed to Cross River State. ‘However between 2002 to 2008, after the ICJ judgment to the time of the implementation and the transfer of the Bakassi Peninsula and the estuarian area of Cross River State to Cameroon, Cross River State continued to enjoy the 13% derivation revenue from the 76 oil wells. After the affected areas were ceded to Cameroon, Cross River State became landlocked with no seaward boundaries. It was deprived the status of a littoral State and eventually Cross River State shares no maritime boundary with Akwa Ibom State or any other Nigerian State. The position came before this court in the case of AG Cross River State v. A-G Federation & anor (2005) 15 NWLR (Pt.947) Pg.71. The RMAFC Inter-Agency meeting of August 2008 was convened to attribute offshore oil wells/fields to Nigeria’s littoral state for the purposes of calculating the derivation funds payable and due to the littoral states in 2009 by virtue of Section 162 (2) of the Constitution of the Federal Republic of Nigeria 1999. The RMAFC has the power by section 6(1)(a) and 6(1)(b) of the RMAFC Act Cap R7 Laws of the Federation 2004 to monitor the accruals to disbursement of revenue from the Federation Account and review from time to time the revenue allocation formula and principles in operation to ensue conformity with changing realities. The National Boundary Commission and the Revenue Mobilization, Allocation and Fiscal Commission used their statutory powers to react to changes brought about by the implementation of the judgment of the International Court of Justice. The ICJ judgment altered the configuration of Nigeria’s maritime boundary with Cameroon. The argument of the plaintiff that none of the parties - Cross River State or Akwa Ibom State was invited to the August Kano RMAFC Inter-Agency meeting and thereby causing the issue of breach of fair hearing is irrelevant and out of context. The relevant question is whether the plaintiff is entitled to the derivation revenue from the seventy-six oil wells located within the 200 meters water depth Isobaths contiguous to its territory as stipulated in Section 1(1) and (2) of the Allocation of Revenue (Abolition of Dichotomy) Act 2004. On this issue, the plaintiff averred in paragraph 18 of the statement of claim that - “Strangely, however in 2008 the Revenue Mobilization, Allocation and Fiscal Commission wrote to the President of Nigeria suggesting that the 76 oil wells attributed to Cross River State be given to Akwa Ibom, claiming falsely that Cross River State had ceased to be a littoral state on the ground that Nigeria had ceded the Bakassi Peninsular to the Republic of Cameroon. The plaintiff shall contend at the trial that as at the time the Commission made this claim even though there was handing over of Bakassi to Cameroon, the two countries that is, Nigeria and Cameroon had set up a mixed commission that was to work out details of the areas affected by the judgment of the ICJ and this exercise is still on going.”

Paragraph 19 ‘The plaintiff shall contend at the trial of this case that Cross River lies between Akwa Ibom State and Cameroon. The 76 oil wells were attributed to the plaintiff long after the judgment of the International Court of Justice. They have always been located in the same place contiguous to the territory of the plaintiff,” Paragraph 24 “it is the plaintiffs averment that in the letter referred to above, it was clearly stated that the delineation of the maritime boundary between Cross River and Akwa Ibom States in 2005 was as a result of the expected retention of the Western part of Bakassi by Nigeria - meaning that the maritime portions of Bakassi is still part of Gross River State.” In the claim of the plaintiff, she claimed jointly and severally against the defendants as follows 1. A declaration that the defendants are estopped from raising the issue of boundary adjustment as between the plaintiff and the 2nd defendant having regard to the conclusive and binding agreement/resolution reached between the plaintiff and 2nd defendant under the supervision of the 1st defendant since 2006 and upon which the parties had acted since the 2nd defendant has received and continued to recieve allocation from the 14 oil wells in Cross River which were attributed to it as a result of the agreement between the parties. 2. A declaration that the plaintiff is entitled to a share of the 13% derivation revenue from the seventy-six oil wells located within the 200 meter water depth Isobaths contiguous to its territory as contained in Sections 1 and 2 of the Allocation of Derivation Act 2004. This court is urged to make an order mandating the defendants to treat the maritime boundary determined by the 1st defendant in 2006 as the recognized boundary between the 2nd defendant and plaintiff and to share all derivation revenue from the area in accordance with the agreed boundary between the parties. The sum total of the plaintiffs claim is that she has been wrongfully and unlawfully excluded from its entitlement to 13% derivation in relation to the sharing of revenue from the Federation Account as a littoral state based on the 76 oil wells attributed to it as a result of the agreement between the parties. Such agreements are based on the amicable settlement of her boundary with Akwa Ibom State reliance on Exhibits A and F. b. Agreement based on Exhibit C; between Cross River and Akwa Ibom States which ceded the attribution of the derivation revenues in respect of the 76 oil wells to Cross River State. This court should not permit the 2nd defendant to resile from the said agreement Exhibit C. Exhibit C was prepared by President Olusegun Obasanjo on 31st October 2006 and distributed to the Governors of Akwa Ibom, Cross River and Rivers States, Minister of Finance, Chairman Revenue Mobilization, Allocation and Fiscal Commission, Director General Nigeria Boundary Commission and the Accountant-General of the Federation. The document is captioned “Meeting on Implementation of the Onshore/Offshore Dichotomy Abrogation Law as it relates to the Maritime Boundaries between Cross River/Akwa Ibom/River States vis-a-vis the Judgment of the Supreme Court of June 24, 2005.” The plaintiff is tenaciously claiming that it is a littoral state as it has access to the sea through Calabar without passing through any other State. The 1st defendant contends that until the judgment of the International Court of Justice in 2002, the plaintiff was an oil producing state and was enjoying the benefits derivable from such status. After the judgment of the International Court of Justice, Nigeria negotiated with Cameroon with the hope that she could retain Bakassi in Nigeria.

‘Until both Nigeria and Cameroon conclude their negotiation to finality and the international boundary fixed by the ICJ is modified and published in line with the agreement, it will be premature for this court to determine the maritime boundary of the two states’

While the negotiation was in progress, the plaintiff sought reliefs from this court which were refused and deferred until the determination of the negotiation. Both Bakassi and the estuary of Cross River State were handed over to Cameroon between 2006 and eventually 2008. As a consequence of the judgment, the plaintiff became a land locked state with no seaward boundary, estuarine sector or maritime boundary to entitle her to 76 oil wells located offshore. The Government of the Federation cannot disobey the judgment of the International Court of Justice. The 1st defendant contends that oil wells that lie offshore and the derivations therefrom are only available to littoral states of the Federal Republic of Nigeria. This explains why the RMAFC Inter-Agency meeting could not list the plaintiff in Exhibit I with the other littoral states. The 1st defendant urged this court to hold that the plaintiff lacks reasonable cause of action. The 1st defendant referred to the judgments of this court in: A-G Federation v. A-G Abia State & ors (No.2) (2002) 6 NWLR (Pt.764) Pg.543. A-G Cross River State v. A-G Federation & anor (2005) 15 NWLR (Pt.947) Pg.71 The 2nd defendant submitted that the onshore/offshore Dichotomy Abolition Act was made solely for the benefit of Nigeria’s littoral states and does not admit of nonlittoral states. Cross River State used to be a littoral State up to 2008 when the ICJ judgment was fully implemented with the ceding of Cross River estuary and the physical handover of the entirety of Bakassi Peninsula by Nigeria to Cameroon. The complete implementation of the ICJ judgment in 2008 frustrated the performance of Exhibit C and made the contract envisaged between the parties to the agreement of no application. In the case of A-G Rivers State v. A-G Akwa Ibom State (2011). 8 NWLR (Pt.1248) Pg.31, parties remain littoral states, share maritime boundaries and thereby qualifying for derivation revenues pursuant to onshore/offshore Dichotomy Abolition Act. It is right and proper to remember at this stage that the central issue in this dispute is 76 oil wells located offshore the coast of Nigeria. The plaintiff, Cross River State claims the 76 oil wells for the purpose of the payment of 13% derivation Revenue pursuant to Section 162 (2) of the 1999 Constitution of the Federal Republic of Nigeria. The 76 oil wells were attributed to Akwa Ibom State, the 2nd defendant following the 2008 littoral states maritime boundaries delineation by the National Boundaries Commission. This map was adopted and acted upon by the Revenue Mobilization and Fiscal Commission Inter-Agency meeting held in Kano in August 2008. The RMAFC forwarded to the Accountant-General of the Federation the 2009 Revised 13% Derivation Indices which excluded the plaintiff from the list of littoral States. The plaintiff challenged her removal from the list of beneficiaries of 13% derivation revenue. The determination of whether a state is a littoral State within the Federal Republic of Nigeria is a question of fact and moreover there is statutory precondition for the payment of the offshore derivation revenue to states. Section 162(1) of the 1999 Constitution of the Federal Republic of Nigeria stipulates that “The Federation shall maintain a special account to be called ‘the Federation Account’ into which shall be paid all revenues collected by the proceeds from the personal income tax of the personnel of the Armed Forces of the Federation, the Nigeria Police Force, the Ministry or department of government charged with responsibility for foreign affairs and the residents of the Federal capital territory, Abuja.” Section 162(2) The President upon the receipt of advice from the Revenue Mobilization Allocation and Fiscal Commission shall table before the National Assembly proposals for revenue allocation from the Federation Account and in determining the formula, the National Assembly shall take into account the allocation principles especially those of population, equality of states, internal revenue generation, land mass, terrain as well as population density.” • Continued next week

THE NATION TUESDAY, JANUARY 29, 2013

LAW & SOCIETY

Interim orders under EFCC Act and constitutional rights

T is no longer news that the Eco nomic and Financial Crimes Comission (EFCC) has been empowered by the law setting it up to apply to court to attach properties suspected to be products of crimes. S. 28 EFCC (Establishing) Act is in point. By S. 26 of the Act, the EFCC can attach properties of persons arrested and obtain an interim order of attachment. After such attachment, Ss.27 and 28 re-emphasise the point of interim order of forfeiture. S. 30 deals with disposal of such assets only upon a FINAL ORDER forfeiting the said assets and provides for procedure of disposing the assets. From the foregoing therefore: •EFCC can seize assets suspected to be products of crimes in the interim. •They can obtain an interim order for the seized assets to be in their custody and only subject to be dealt with in line with the outcome of the court decision. •It is only upon final order of court of forfeiture and Conviction of the persons accused that the EFCC can deal with such assets for disposal. •EFCC to obtain an order it must satisfy that there is prima facie evidence that the property is liable to forfeiture. •Where an arrested person has been convicted for an offence under the EFCC Act, the commission can then apply to the court for a final order. •The prescription for an interim order for forfeiture is very vague under EFCC Act. The Act does not specify that the application will be made ex-parte •At the stage of attachment and making of an interim order for forfeiture the EFCC is a mere custodian of the said assets and need to wait for the outcome of the substantive court order to decide the fate of the Accused persons and whether or not the assets would be forfeited.( See also S. 19 and 20 of the Act.). Legal issues of note are: a. What is an interim order? b. Can an interim order be obtained without the pendency of a substantive suit? c.Can the Court make an interlocutory order aimed at maintaining the status quo between both parties to abide the outcome of the case on an application ex-parte? d. What in law is the lifespan of an order made ex-parte?. INTERIM ORDER: Generally in lawm, an interim order is an order given by the court for the purpose of maintaining status quo. The term interim order refers to an order given by a court during the pendency of the litigation. It is generally given by the court to ensure Status quo. The rationale for such orders by the Courts is best explained by Latin legal maxim “Actus curiae neminem gravabit” which translated to (English) stand for “an act of the court shall prejudice no one”. Therefore to ensure that none of the interests of the parties to the litigation are harmed, the court may give an interim order. The meaning of the “interim order of forfeiture” is not clearly defined under the EFCC Act hence one would do well to rely on the general meaning and purpose of the usual interim order of court. The presumption will be that even under the EFCC Act, the purpose for the interim order of forfeiture will not be to prejudice the arrested person’s interest in the assets or properties whose interest or alleged criminal activities as regards the properties is yet to be determined, having in mind the Constitutional right of the Accused persons to the presumption of innocence until they are convicted by a Court of Law. In Kotoye Vs. CBN (1989)2 SC (Pt. I)1 the court held that: ‘The word “interim” used also in applications and orders of injunction for maintaining the status quo of parties to a suit means “temporary”, “in the mean time.” However, an injunction described as interim falls within the above defini-

By J. S. Okutepa

tion and is an interlocutory injunction because it is an application made in the course of the proceedings. But unlike an interlocutory injunction properly so called, an interim injunction is not one granted till the determination of the suit. It is an injunction made until a named date or until further order or until an application on notice can be heard. Thus, they bear all the features and trappings of an interlocutory injunction and granted upon the same consideration of equity. Interim orders for injunction can be made pending motion on notice of an interlocutory injunction where applicant is able to show that irretrievable damage may be done before the completion of the hearing of the interlocutory application- See. Beese vs. Woodhouse (1970) 1 WLR. 586, 590. An interim injunction is intended to be temporary in its character and any person at whose suit such an injunction is obtained is under an obligation to limit, so far as possible, the time during which it is operative. See Portway Press Ltd. vs. Hague (1957) RPC 426 at p. 429. In such a case, the court makes an order to preserve the status quo until the application for interlocutory injunction can be heard and determined. The paramount objective being the doing of justice to the parties, the court has a duty to preserve and protect the right of the parties before it from destruction by either of the parties where such a right is threatened by imminent danger from the action of the other. See Anton Piller KG vs. Manufacturing Processes (1976) 1 ALL ER 779. An ex parte application is an application made without notice to the party to be affected by the order to be made. Order XXXIII rule 7 which provides for interlocutory applications to be made either ex parte, or after notice to the parties to be affected thereby, also provides that the court may refuse to make the order sought, or may grant an order to show cause why the order should not be made, or may allow the motion to be made on notice to the parties to be affected thereby (See Order XXXIII rule 10). I have already construed this rule in this judgment to mean that it does not envisage the making of an immediate absolute order. Such order can be made on notice.” Also in the case of the Military Governor of Lagos State & Ors. v. Chief Emeka O. Ojukwu & Anor, the court stated as follows: “It is impossible to make an interim order of injunction which on the face of it may not do some injustice to one party or the other. It is impossible to go fully into the fact at that stage of the case, and with the best will in the world an order may be made which will afterwards be regretted. The aim of an interim order is to preserve the status quo. The status quo that could be preserved was the status quo that existed before these illegal and criminal acts of the defendant”. Note An application for an interim order is made by ex-parte motion. In the above decided cases, the meaning and purpose of an interim application is clearly depicted. An ex-parte application is not everlasting application, usually it is made pending the determination of an interlocutory application made concurrently. Under the rules of court, an ex-parte application has a life span of seven days. Under the EFCC Act however, an application for an interim order of forfeiture seems to be made pending the determination of the guilt of the

accused person in the alleged offence. It is doubtful however, that the intention of the EFCC Act is to have the Act in conflict with the rules of court or the lifespan and or general rule as to the use of ex-parte applications by decided cases. Hence, the procedure for application of interim order of forfeiture should be as any other interim application which is by motion ex-parte with a concurrent interlocutory application made along with it. Hence, it can be contested that the Court cannot make an interim order to forfeit property until the determination of the substantive case against an accused person is heard and determined. a.An ex-parte order is interim in nature and it is meant for cases with real urgency. An ex-parte order can be given if: i. From the nature of the application, the interest of the adverse party will not be affected. ii. When time is of the essence of the application. iii. An ex-parte order should not normally last more than seven days. It should not last forever and a trial court should ensure that orders are not used against an adverse party indefinitely, particularly where the order was made ex-parte. NJOKANMA v. UYANA (2006)13 NWLR (pt.997) 433 at 449-450 paras E-F. See also the Supreme Court decision in DANONE & ANOR VOLTIC (NIG) LTD (2008) 3-4 SC. 32 (The draconian nature of exparte application made to last throughout a case). I agree with the court below that the said order of interim injunction by the trial court, is draconian in nature. (See the drawn up order at pages 74-77 of the records). I observed or note from page 76 of the record that although one of the orders, is that the ex-parte interim injunction was to last, pending the determination of the substantive motion on notice which the court also ordered that the bailiff of the court do serve along other processes the motion on notice (dated March 11, 2002. An ex-parte injunction, is expected to last for very short time moreso, as the procedure, is likely to be abused by litigants. This is why, the order must be very sparingly made and only when the circumstances are urgent and compelling, such as to leave the court with no other alternative in preventing an anticipated injury of a grave nature. See the case of Ogbonna v. NURT Workers & 5 Ors. (1990)3 NWLR (Pt. 141) 696 at 709 CA.3, what appears at page 218 of the records is that after refusing the said application of the respondent to discharge the said interim injunction, the case was adjourned to March 14, 2002, for mention. The trial court was in error not to take the said application before that of an alleged contempt. At that stage, the respondent had not been found liable of any contempt and was therefore, not a contemnor. That was why he went to court below and rightly too. I have also observed that in the said ruling of the trial court, the parties and the court, made comments/observations and pronouncements, relating to the very issue that will be determine after the hearing of the substantive suit. It has been stated and restated in a line of decided authorities, that lower court, should upon a ruling, in an interlocutory application, make orders which have the effect of pre-judging or pre-empting the issues for adjudication in the substantive suit before trying the suit. See the case Mortune & Alhaji Gambo (1979) 3-4 S. C 54-57; (1979)3-4 S.C.

• Okutepa

(Reprint) 36, Omonuwa v, AttorneyGeneral Bendel State (1983) 4 NCLR 237, Ojukwu v. Governor of Lagos State (1986)3 NWLR (Pt 26) 29 at 45, Globs Fishing Industries Ltd. & 4 Ors. V. Chief Coker (1990) 11-12 S.C. 80; (1990) 7 NWLR (Pt 162) 265; (1990) 11 SCNJ 56 at 71, 85-86 just to mention but a few. In other words, in an application for injunction pending the determination of the substantive claim, the Judge , has a duty to ensure that he does not in the determination of the application, the determine the same issue or issues that will arose for determination in the substantive suit. See the case of A.C.B. Ltd. & Anor. V. Prine Awogboro and Anor. (1996)3 NWLR (Pt 437) 383 at 385; (1996)2 SCNJ 233. It will, therefore, be worse, if in an ex-parte application, which is heard at the back of defendant and perforce, will amount to denial of fear hearing, an issue or issues which will be determined in substantive action, is determined at that stage. Even where the substantive application for interlocutory injunction is heard, there is bound to be conflicting affidavits. In such situation, it settled that the trial court, must call for oral evidence where the issue will be resolved. See the case of Ifekwu & anor. v. Mgbako & 2 Ors. (1990)3 NWLR (pt. 140) 588, sitting the cases of Akinsete v. Akindutire (1966) 1 ANLR 147 at 148, Eboh v. Oki (1974) 1 S. C. 179 at 189-190; (1974) 1 S.C ( Reprint) 12, and Akintami v. Onwumechili (1974) 1. NWLR (Pt 17) 68 at 73. See also The Military Administrator Federal Housing Authority & Anor. v. Aro (1991) 1 S.C. (Pt 1) 160; (1991) 1 SCNJ 154.5 For the court make such damning order halts the accused person’s use of the properties in question, the court ought to go beyond making an order ex-parte, the court ought to hear both sides vide an application made on notice and contested before the court. Furthermore, an application for interlocutory injunction cannot succeed until the applicant is able to satisfy the court on the following points. i.There is a serious issue to be tried and that the applicant has a real possibility, not probability of success at the trial; ii. The balance of convenience is on the applicant’s side;

‘I am not against interim order to enable EFCC to carry out investigations if, indeed, they carry it out. But what is the point handing over of properties suspected to be product of crime to EFCC which in most cases upon obtaining that order will not be ready to proceed to full trial. Why should EFCC allow such properties in its custody to be vandalised? If EFCC put tenants in such properties, who collects the rent and to whom are they accountable? .... Is the accused not entitled to know what is being done to his or her or its properties? Can EFCC sell the properties before the guilt of an accused is determined? If an accused is found not guilty, can EFCC be held liable to account for the properties’

iii. Damages cannot be an adequate compensation; iv. The applicant’s conduct is not reprehensible e.g that he is not guilty of any delay; v. That applicant has given satisfactory undertaking as to damages save in recognised exceptions. See. Akinpelu v. Adegbore & 3 Ors (2008) 4-5 S.C. (Pt 2) 75 at 80. See also Kotoye v. CBN (1989)2 S.C (Pt 1)1. I have gone at length to show in this article what an interim order is all about and the decisions of courts on the point. But my main concern is that our courts in the bid to fight corruption have with respect closed their eyes to the position of law and the principles inherent in the grant of interim orders to EFCC in criminal cases to the detriments and interests of persons accused of crimes and using the proceeds of these crimes to acquire the properties. There is no dispute that S.1 of the Constitution of Nigeria 1999 as amended talked about the supremancy of the Constitution. It goes on to state that if any other law is inconsistent with provisions of the constitution that law shall be void to the extend of inconsistence. EFCC Act is subject to Nigerian Constitution.Criminal Procedures Act and Code are subject to Nigerian Constitution. There is the presumption in our Constitution that an accused person shall be presumed innocent until his guilt is determined. Am not against interim order to enable EFCC carries out investigations if, indeed, they carry it out. But what is the point handing over of properties suspected to be product of crime to EFCC who in most cases upon obtaining that order will not be ready to proceed to full trial. Why should EFCC allow such properties in its custody to be vandalised? If EFCC put tenants in such properties, who collects the rent and to whom are they accountable? Who keeps the rent paid and where? Is the accused not entitled to know what is being done to his or her or its properties? Can EFCC sell the properties before the guilt of an accused is determined? If an accused is found not guilty, can EFCC be held liable to account for the properties and put them in proper and tenatable state? My view is that our courts must be court of all, the court of accused and EFCC where sentiments in favour of accused or EFCC must be avoided. Our courts must lean in favour of Nigerian Constitution even when heaven will fall and it will not fall. • Okutepa (SAN) is Principal Partner at J. S. Okutepa (SAN) and Company.

THE NATION TUESDAY, JANUARY 29, 2013

FROM THE COURTS

Marine firm’s ex-workers protest Curbing ‘abuse’ of human rights by soldiers non-payment of N8.7b profit share

ORMER employees of Zapata Marine Services Nigeria Limited have taken their protest against non-payment of $56 million (about N8,736,000,000) to the Court of Appeal, Lagos. They had approached the National Industrial Court (NIC), Lagos, seeking an order to compel the respondent to pay them the sum, which was 10 per cent of the total profit after of $560million declared by Zapata in 1991 before it was taken over by Tidex Nigeria Limited. The NIC had dismissed the suit, but the former workers are urging the appellate court to hold that they have the right to appeal the decision, having not been given a fair hearing. The appellants argued that they had an agreement with Zapata to open a Workers Trust Fund which would entitle employees who had put in up to 30 years with the company to benefit from 10 per cent of its profit, as well as in the event of its winding up as was the case when Tidex took over. NIC also declined jurisdiction to grant leave to the appellants to appeal the judgment, saying it was the final and apex court on labourrelated matters. But in a motion on notice, the claimants sought an extension of time within which to seek leave to appeal against NIC’s judgment. They accused Tidex of allegedly withholding about $56 million due to them from a Trust Fund created for employees of Zapata Limited prior to its merger with Tidex. The former workers insist that by virtue of a documentary evidence they had provided, there existed a Zapata Marine Workers Trust Fund as opposed to Zapata Marine Employees Shares created under a 1978 Trust which have been redeemed by Tidex having taken over Zapata’s assets and liability. They also claimed that in view of their documentary evidence, “a workers trust fund exists for the benefit of the applicants”. According to them, Zapata pledged to created a workers trust fund (also called profit shearing scheme) into which 10 per cent of its annual profit after tax would be paid for their benefit should they (the applicants) work hard to increase the company’s fortune. The applicants said Zapata actually created the said trust fund and paid into it 10 per cent of its profit after tax for the benefit of its workers from 1968 to 1992. They added that the condition for benefiting from the fund was that any employee who served the

‘They added that the condition for benefiting from the fund was that any employee who served the company for 30 years thereof shall benefit from the workers trust fund but in event that the company folds up or ceases to exist, before 30 years, the workers still on the company’s employees list or pay roll shall benefit from the fund. The applicants who said they were about 405 on the company’s pay roll in 1992 when it closed shop noted that Zapata had in 1991 informed it employees that it made $560 million profit after tax and that $56m, being 10 per cent had been paid into the workers trust fund’ By Joseph Jibueze

company for 30 years thereof shall benefit from the workers trust fund but in event that the company folds up or ceases to exist, before 30 years, the workers still on the company’s employees list or pay roll shall benefit from the fund. The applicants who said they were about 405 on the company’s pay roll in 1992 when it closed shop noted that Zapata had in 1991 informed it employees that it made $560 million profit after tax and that $56 million, being 10 per cent had been paid into the workers trust fund. They said the merger between Zapata and Tidex was pre-arranged by the parent organisations of both companies in the United States (US). Zapata Nigeria, they said was a subsidiary of Zapata Gulf Marine, US, while Tidex is an off shoot of Tide Water Incorporated, New Orleans, Louisiana, US. Mr. Joshua Onomroghenetota who deposed to the applicants’ reply affidavit to the respondent’s counter affidavit, said upon Tidex’s take over of Zapata, “the applicants were paid off by the respondent save for the workers trust fund which the respondent promised to pay them but with an excuse that because of the huge sums of money

involved it had to be handled with care.” He added that Tidex pledged to pay the said Zapata workers their dues from the trust fund and that at a meeting held by the applicants and representatives of the respondent, “Gerald Gray (former director of Zapata, absorbed by Tidex) and Ade Williams admitted the existence of the workers trust fund”. In its response, Tidex denied the existence of any trust fund. It also denied any merger between it and Zapata and urged the court to hold that the suit was speculative. The firm’s director, Ade Williams said in its counter affidavit that there was no time Tidex “took over the management, assets or liabilities of Zapata Marine Services Nigeria (ZMSN) Limited.” He said the merger referred to by the applicants was that which took place between the parent companies in the USA and which did not affect their subsidiaries in Nigeria. “The only trust created by ZMSN was one created by a Trust Deed dated December 31st 1978 for the benefit of some of Zapata’s employees pursuant to the provisions of the Nigerian Enterprises promotion Decree 1977", he stressed.

N recent times insecurity challenges have starred us in the face. To tackle the problem, the Federal Government deployed soldiers on the streets,especially in the North, where the violent Islamic group, Boko Haram has caused extensive destruction to lives and properties. By this action, therefore, the Federal Government was only living up to its constitutional responsibility of protecting lives and property. From my own observation however, these soldiers are not only lawless, they are also behaving as if they are above the law. This is because at the slightest provocation, they descend on the citizens they are sent to protect. On the streets of Abuja, where many of the soldiers are kept, I have witnessed citizens doing frog jump on the orders of soldiers at road points. I have also seen this gory scene at Madalla and Suleja in Niger State. Sometime last year, soldiers in Gwagwalada, Abuja took our client from his shop and brought him to their camp where he was beaten into a state of coma. This atrocious act compelled our law firm to write a petition to the National Human Rights Commission (NHRC). A petition was also sent to Radio Nigeria. When the soldiers learnt of this move, they apologised to us and pleaded for an amicable resolution of the dispute. We acceded to their request and withdrew our petition just to allow peace to reign. It was the same group of soldiers who shot at the vehicle carrying the then Area Commander of the Police Area Command, Gwagwalada and destroyed its tyres. I learnt that their (soldiers’) commander also apologised to the Area Commander and even offered to repair the damaged vehicle. These unwholesome activities of soldiers at checkpoints have become a recurring decimal and, quite unfortunately, many people have come to accept this situation as normal. It is for this reason many people no longer complain when their rights are violated by soldiers. But this should not happen in a country governed by law, moreso when the government is constitutional. The activities of these soldiers are deplorable and an affront to the rule of law and decency. The major victims of these soldiers are mainly commercial motorcyclists, who run foul of one rule or the other set by these soldiers. Such offenders are made to frog jump for several hours in the scorching sun. This action diametrically contravenes Section 34(1)(a) of the Constitution of the Federal Republic of Nigeria (1999) as amended the section provides a follows.

By Iheanyi Maraizu

Every individual is entitled to respect for the dignity of his person and accordingly no person shall be subjected to torture or inhuman or degrading treatment. For God’s sake, what can be more inhuman than to beat a person for an alleged offence or to make him frog jump in the full glare of the public. From what one can see, there is no code of conduct guiding the operations of these soldiers. If there is any, then it is not being enforced. If it is being enforced, these soldiers would not be acting with unprecedented impunity and brazen savagery in the discharge of their duties. Therefore, these soldiers must be made to operate within the confines of the law. They must be made to understand that they are not and can never be above the law. While they have the right to arrest offenders they have no right to punish such people summarily. By indulging in this practice, they constitute themselves into the accuser, the prosecutor and the judge all in one. This is unacceptable in a country that is governed by the rules of law. A basic rule of natural justice is that no one should be a judge in his own cause. In this regard, if the soldiers arrest anybody for any alleged offence, such a person should be handed over to the police or other appropriate authorities for punishment. This is because such alleged offenders have fundamental rights that must be respected. Firstly, they have a right to be heard (under Section 36 (1) and (4) of our constitution. Secondly, they are presumed to be innocent until proved guilty by a court (see Section 36 (5) of the constitution. Equally important is Section 36 (12) of the constitution, which provides that a person shall not be convicted of a criminal offence unless that it is defined and the penalty, therefore, is precribed in a written law. The arbitrary punishment, which these soldiers inflict on defenceless citizens negate not only these hallowed constitutional provisions but also all other known laws and norms of our land. Soldiers must, therefore, be called to order by the appropriate authorities. It is at this juncture to commend the military authorities for summarily dismissing their personnel who were implicated in the scandalous rape of women in Abuja, it should, however, be emphasised that mere dismissal from the Force is not enough punishment for the heinous crime committed by the soldiers. Having dismissed them, the soldiers must now be handed over to the Police for further investigation and possible prosecution. This will serve as a deterrent to others. • Maraizu is Principal Counsel Iheanyi Maraizu & Co., Abuja.

Lagos CJ promote six magistrates

• Chairman, NBA, Lagos branch, Mr Taiwo O. Taiwo (left) and Chairman, NBA, Ikeja branch, Mr Monday O. Ubani during a media chat by NBA President Okey Wali (SAN) at the Lagos Airport Hotel, Ikeja.

HE Chief Judge of Lagos State, Justice Ayotunde Phillips, has promoted six chief magistrates to deputy chief registrars. This is contained in an internal memorandum entitled, “Posting of chief magistrates (Admin) as Deputy Chief Registrars and signed by the Chief Registrar of the Lagos court, Mr. G.A. Safari. The arrangement took effect from January 21. “I am directed by the Honourable Chief Judge, Hon. Justice A.A. Phillips to issue the following posting for your information and due compliance”. According to the new development, the chief magistrate of magistrate Court, Ikeja, Mr. A.O. Isaac is now the Deputy Chief Registrar, Administration, Ikeja while his coun-

By Adebisi Onanuga

terpart in Lagos is Mr. I.O. Akinkugbe. Another chief magistrate, Mrs.A.O. Soladoye was also posted to Ikeja as Deputy Chief Registrar, Administration, Ikeja. Chief Magistrate, Mr. E.O. Ogundare was posted to Lagos as Deputy Chief Registrar, Legal. While Chief Magistrates Mrs. C.T. Adesola-Ikpatt and Mrs. D.T. Olatokun were posted to the office of Deputy Chief Registrar, Special Duties, Ikeja and Lagos respectively. Justice Phillips directed all the chief magistrates to prepare their handover notes and to compile the list of their part-heard cases and forward same to the Chief Registrar for further action.

THE NATION TUESDAY, JANUARY 29, 2013

ABUJA REVIEW NEWS

•Public Affairs Advisor, Julius Berger Nigeria, Clement Iloba (middle), Head Teacher, LEA Primary School Jabi, Luka Danjuma (right) at the donation of over 1000 books by Julius Berger to the school PHOTOS ABAYOMI FAYESE

•Members, House of Representatives: Ajibola Famurewa (left), Mrs Ayo Omidiran and Jisalo Zaphaniah after a session at the National Assembly

•Members, House of Representatives: From left, Hon Usman Kumo; Hon Udo Ibeji and Hon Peter Ali at the presentation of Nigeria Centenary Project to the National Assembly

•Minority Leader, House of Representatives, Femi Gbajabiamila (middle)with members, House of Representatives, Sunday Adepoju (left); Ahmed Idris, Rafeequat Bamiro and Gafar Akintayo at the National Assembly

•Chairman, Advisory Board, Ufok Dialogue Foundation, Prof Kyri Mohammed (left); •Secretary to the Federal Government, Senator Anyim Pius Anyim (right); Chairman, House Vice Chancellor, Nigerian Turkish Niule University, Abuja, Prof Ituseyin Sert and Tur- of Representatives Committee on Finance, Abdulmumin Jubrin (middle) and Vice Chairman key Ambassador to Nigeria, Ambassador Ali Rifat Koksal at the Media Panel Reportism on FCT Raphael Igbokwe at the presentation of Nigeria Centenary Project at the National in Conflict Assembly

•Members, House of Representatives Committee on Diaspora, Bimbo Daramola (left) with Hon Habeeb Mustapha and Hon Sani Machi after a meeting with some Nigerian •Hunters in search of game in Federal Capital Territory returnees in Egypt at the National Assembly

THE NATION TUESDAY, JANUARY 29, 2013

POLITICS Former Secretary to the Federal Military Government and Finance Minister Chief Olu Falae spoke with EMMANUEL OLADESU on national issues.

‘Merger ‘ll guarantee development’

‘I regret not being President’ I T was alleged that ballot papers were sighted in the house of an Afenifere leader in Akure, ahead of the recent governorship election in Ondo State. There are three Afenifere leaders in Akure, namely Pa Falae, Pa Fasoranti and Pa Adegbonmire. What really happened? The name, Afenifere, is synonymous with integrity, honesty and good leadership. When you now link that precious name to dishonesty, criminality and the devil, we leave it to God as He deems fit. Pa Fasoranti is a role model in the whole of this area. He is an exemplary gentleman; a grandfather and a man of civilised values. For anybody to link his name to something that is not honourable is stupendous unbelievable. The same for Chief Adegbonmire. Although we are not in the same party now, but I can vouch for him. He is a man of integrity, outspoken and honest. He will never be associated with anything that is wrong or evil. Speaking for myself, when was running for the Presidency, when I was fighting for nomination on the platform of SDP in 1991/92, I designed a pamphlet for training my agents throughout Nigeria and I stated in that pamphlet that, don’t rig for me because I don’t want to rule by fraud, but please, don’t let other people rig you out. That is my philosophy. So, how can I be assisting somebody to rule by force. We have standard of morality. We have responsibilities as leaders in the society. We have duties as committed Christians to ensure that the high standard is sustained in whatever we do. The rumour must have come to the devil himself. Do you regret not being President of Nigeria? To the extent that Nigeria is suffering today, yes. Not to the extent that Olu Falae did not occupy the position. As Secretary to the Federal Government of Nigeria, I exercised presidential powers by leave of my President. I exercised presidential powers without bearing the name President. There is nothing exciting personally about me becoming President, except to assume higher responsibilities. My intention was to work for Nigeria because I had a blueprint, 326 pages long, to guide my activities in government. I had a position on every sector of the economy; industry, agriculture, health, transportation, defense. it took me two years of discussions, seminars and research to define my position in every sector. That

was to guide me in office. I am not saying that was all I was going to do. I knew I would flesh it up and make modifications as time goes on. But I was clear in my mind where I wanted to take Nigeria to. To the extent that Nigerians were denied that opportunity to be led by a purposeful administration with a clear vision, I feel sorry that all of us, including myself, were unfortunate to have missed that opportunity. People said if you had joined the PDP, they would have made you the presidential candidate and they would not have presented Obasanjo for the role. What is your reaction? So I had. Indeed, there were leaders of the PDP who came to me and said I should come to run for the Presidency on the platform of the PDP. Our former governor here, Dr. Agagu, and others came to me. When I was marking my 60th birthday on September 21, 1998, soon after I came out of detention, the leaders of PDP in all the states of the Federation published an advertorial page to congratulate me on my birthday and to literarily say this is the man we have been waiting for. That was in the public domain. But I did not join the party because I am an Afenifere man and Afenifere is a philosophy of governance, a philosophy which put man and his wellbeing at the focal point of government endeavours. Government exists solely to promote the welfare of individuals from cradle to grave. That is the philosophy which i have imbibed. Therefore, I could not have left my Afenifere Group and go alone to become a President somewhere else. That would be meaningless. That was one answer to that question. It soon became clear that the serving military rulers have made up their mind that a military man should succeed them. I want to say something for the first time in public. When I left detention, in June 1998, I went abroad for medical check up. While there, a very prominent Nigerian who was then serving in Europe, at the Hague, a friend of mine who had served with me in Babangida’s government called me in London and said I should see Obasanjo on my return to Nigeria. He said Obasanjo who had just come to spend some time with him had just returned to Nigeria and that he said he was going to support me to become the President. He said Obasanjo said I worked with me and said many good things about me. He advised me to go and see him on returning home to consolidate the

•Chief Falae

support. Before I returned to Nigeria, some delegations led by military people had gone to meet Obasanjo to persuade him to come and take over in the interest of the military. So, if I had gone to the PDP, I don’t think that would have stopped them from doing what they did. May be at the beginning, they all wanted me. The leaders of the PDP were my friends who had worked me, either in the civil service or banking industry, who knew me and trusted me that, by the grace of God, I would perform as a de-tribalised and I don’t discriminate. I think there was a struggle within the PDP between the civilians and military. The military won the upper hand and went and brought Obasanjo. That was what happened. But O believe the destiny of man is in the hand of God. What will be will be. Your group has been advocating for a Sovereign National Conference. When will that conference come? Let me clarify our position. There are people should continue to show the light, tell people what the ideal is. It is left for the members of the society to try to move to that ideal. If a Sovereign National Conference is not achievable, we let people know that it is necessary. We can in the meantime go for amendment as they are trying to do now in Abuja. Amendment may make a bad constitution a little bit better. A legitimate constitution is not less legitimate by amendment, but may be a little more workable. The bone of contention is the power of the federal government to dictate to the states on how to share the revenue between the states and local government. That kind of monstrosity can be removed. But let there be no illusion. We still do n ot have a legitimate constitution by amending the illegitimate one. So, we accept pragmatically that what is bad can be made better, but the ultimate constitution for Nigeria must be written by Nigerians and approved by Nigerians. This one was not made by us, it was not approved by us. After all, during the colonial period when there was no constitution, the whites were ruling us. We did not commit suicide. We accepted it.

CHIEFTAIN of the Action Congress of Nigeria (ACN), Prince Khalid Olabisi, has said that the proposed merger involving the ACN, Congress for Progressive Change (CPC), and All Nigeria Peoples Party (ANPP) will guarantee speedy development. He said the merger is not only aimed at wresting power from the ruling Peoples Democratic Party (PDP) , but to ultimately make the country attain the much-needed greatness. Prince Olabisi said the achievements recorded by governors in the states controlled by the parties have shown that, if they form the government at the centre, genuine development would be replicated in every part of the country. He lamented that the PDP had failed to give the country genuine leadership capable of resolving the present socio-economic and political quandary. Olabisi, who was the House of Representatives candidate for Saki West and East Federal Constituency on the platform of the ACN in the 2011 general elections, said that the beauty of democracy is realisable only when those elected by the people become conscious of the need to give the electorate effective and selfless representation. He blamed the PDP government for not harnessing the great resources available in the country to improve the well-being of the people. He stated that the level of poverty in the land is as a result of the incompetent leadership fostered on the people by the PDP led government at the centre. Olabisi noted that poverty and un-

employment have become more pronounced among the people because the government has not made any genuine efforts to empower the masses to become self-reliant or employers of labour. “Unemployment and poverty have continued to take a toll on Nigerians. This raises a critical need for the Federal Government to take record of unemployed Nigerians and immediately develop a road map for the employment of some and empowerment of others,” he said. On power, he said the current 4,500MW of electricity being generated and distributed is inadequate for a country of 150 million people. “As electricity is one of the infrastructural facilities that are catalysts for national development, the Federal Government should continue to deliver on its promise of steady and sustainable electricity supply to all Nigerians.” He maintained that “power has a multiplying effect on the economy. With availability of electricity, most people would become self-employed. Artisans would contribute to the growth of the economy. This, invariably, will reduce the level of criminality in the society. The power sector should be improved in order to enhance small-scale businesses. “Wealthy Nigerians who have stashed funds in foreign banks should repatriate such funds for the purpose of investing them in Nigeria in order to create employment opportunities,” he urged.

APGA will be restructured, says party scribe

LL Progressives Grand Alliance (APGA) Deputy National Chairman Dickson Ogu has said that the party will wax stronger and compete for power at the centre in the next general elections. He disclosed that the party’ Board of Trustees (BoT) will be inaugurated and charged with the duty of restructuring the party. Ogu, who spoke with reporters in Umuahia, Abia State capital, expressed optimism that a formidable APGA would emerge from the restructuring before March this year. He said: “We are hoping that this restructuring will end as soon as possible. We are expecting that we will soon be in Abuja to inaugurate our new BOT as stipulated by the APGA constitution and entrust the BoT members with the responsibility of bringing the restructuring to an end. “The new BoT will put in place other structures of the party hierarchy. I am promising you that before

From Ugochukwu Ugoji-Eke, Umuahia

March, you will see a new APGA that will give our party new direction”. Ogu recalled that members had passed a resolution endorsing the restructuring, assuring that it will be implemented. . He said that the Imo State governor, Owelle Rochas Okorocha, spearheaded the restructuring last year when he wrote to the National Working Committee (NWC) to express dissatisfaction the rot in the party. He said Governor Peter Obi later supported the agenda, which he said, would move the party forward. Ogu said that the essence of restructuring was to democratise the party, stressing that those opposed to the move were undemocratic elements. He expressed the hope that APGA at the national and state levels would emerge from the restructuring stronger and compete for federal power in the future.

COSEG: Jonathan has marginalised Southwest

•Special Adviser to the President on Inter Party Affairs Senator Ben Obi (right) with Head, Political Section of the British High Commission, Abuja Mr Paul Edwards when the latter visited Obi in his office.

By Dada Aladelokun Assistant Editor

P A N - Y O R U B A organisation, the Coalition of Oodua Self Determination Groups (COSEG), has alleged that President Goodluck Jonathan has marginalised the Southwest in the distribution of federal appointments. The group said the President has refused to fulfil his electoral promises to the zone, despite its support for him during the last election. COSEG also called on the Southwest governors to rebuild the palace of the Alaafin of Oyo, Oba Lamidi Adeyemi, instead of allowing the President to rebuild the palace. The group said in a statement by its chairman, Mr. Dayo Ogunlana, and secretary, Mr. Rasak Olokoba, that the palace is the heritage of the Yoruba nation. COSEG described the overtures by President Goodluck Jonathan, who had promised tto rebuild the palace, as a Greek gift. The group

said the statement did not translate to any presidential affection for the marginalised race. The group said it was curious that the President who had allegedly “sidelined, marginalized and shortchanged” Yoruba in federal appointments, has turned around to appease the race with the unusual gesture. COSEG emphasised that President Jonathan has failed to fulfil his electoral promises to the Southwest states, despite their overwhelming support for him at the 2011 poll. The group maintained that the task of rebuilding the palace is the duty of the Southwest governors, urging them to rise to the occasion. COSEG added: “The palace is the custodian of our collective ancestral heritage which need to be protected. It is not the duty of any outsider, no matter how powerful or highly placed in the society, to usurp our God-given responsibilities.”

THE NATION TUESDAY, JANUARY 29, 2013

THE NATION TUESDAY, JANUARY 29 , 2013

HEALTH THE NATION

E-mail:- health@thenationonlineng.net

Causes of a hole in the heart

Govt worried over paid blood donation THE activities of commercial blood donors are not new in Nigeria. Across the country, touts and indigents impersonate family members to donate blood for which they are paid. But, the government is trying to discourage the practice. It is calling for more unpaid blood donors, so that those who collect money to give blood can be thrown out of business. The known practice of blood donation is the family replacement donor, which didn’t yield much result. The blood is used immediately by the family member, for whom it was donated, thereby leaving nothing in the bank. Concerned Nigerians have asked that blood donation should be seen as a civic duty or social service to save those who need blood. Lagos State is one of the states on a blood donation drive to discourage commercialisation of blood. It took the exercise to the Nigerian Law School, Lagos, where lawyers, students and others donated blood at an event jointly organised by it and Rotary Club of Lagos. The Club President, Hairat AdeBalogun, who donated blood, said blood donation is crucial to the survival of those in need of blood,

By Wale Adepoju

especially victims of road traffic accident and those in emergency. The four-day exercise is one of many organised in the state to raise awareness on the need to donate blood. It was themed Voluntary unpaid and the slogan You can save a life with a paint of blood donated; it’s something amazing to do. Consultant Public Health Physician, Mr Hakim Akinlade said if 500,000 Nigerians voluntarily donate blood its cost by commercial donors will go down and they would be frustrated out of business. On superstition, he said: “People have been seeing blood transfusion and the recovery rate of the sick after the exercise. This should remove any doubts they might have regarding giving their blood freely to save the sick.” He said some blood types such as B+ are very hard to get, saying what happens when somebody is in need of it but could not get it because it was unavailable. He said nobody is going to use their blood for any evil, urging the people to donate to the right channel “People need to have the conviction to save lives rather than allow superstition to affect their compassion for the sick, which may need the blood to stay alive,” Akinlade said.

Why Senate revisited National Health Bill By Augustine Avwode, Assistant Editor

•Sen. Okowa

A Senator has explained the rationale behind the resuscitation of the National Health Bill (NHB). Senator Ifeanyi Okowa, Chairman, Senate Committee on Health, said the bill was revived to establish a regulatory framework for the sector. The bill, though passed by the Sixth National Assembly, was, however, not signed into law. Okowa, who represents Delta North Senatorial District told The Nation that it was necessary to build what would guarantee adherence to professional and ethical norms. “The importance of what we are doing lies in the fact that it sets out the legal framework for the regulation, development and management of healthcare in Nigeria. As at today, we don’t have the basic or foundation laws that guide the health industry. It is just guided by policies that do not have the effect of law. We have some specific legislation like National Agency for Food, Drug, Administration and Control, National Health Insurance Scheme (NHIS) and others

that guide health institutions. But the background laws that should guide some norms in the health industry are not there. “As at today, there are some things that are unethical and which, if they are done, you can’t really punish anybody for because it has no legal check against it. For instance, we need to regulate the usage of human tissue and we also need to have a law on how the healthy industry should be organised and how the various hospitals should inter-relate with each other and also how various tiers of government can inter-relate with one another. Somebody can just abuse the removal of tissue from a living person because there is no law. “There was a report of a so called medical doctor who allegedly removed the two kidneys of an individual. This is an obvious case of an unethical practice but you won’t be able to prosecute him under any law because we don’t have that foundation. So, we hope that we would be able to quickly get this through”. The University of Ibadan (UI), trained medical doctor said the law also seeks to guarantee the financing of primary health care. According to him, there is the need to establish a Primary Healthcare Development Fund. “We are aware that healthcare delivery in the country is facing the challenge of funding. We know that primary healthcare is more important because it takes care of at least 80 percent of the health burden of this nation,” he added.

•Baby Iyamah

Baby Iyamah needs N5m for surgery in India

ABY Emmanuel Iyamah is just three months old but his innocence has been violated by a dreaded ailment. He has been diagnosed with a hole in the heart and he needs N5 million for treatment in India. Ordinarily, this appears to be a burden for a three-month-old baby but Emmanuel has defied death and is determined to live as he fights what appears to be the first battle of his life. For Baby Iyamah to win this battle, he needs to be flown to India for a major surgery to correct the anomalies. Emmanuel’s parents have joined the battle having spent all their life savings in the battle to ensure their baby survives. However, the cost of flying Emmanuel to India has overwhelmed them. This is why they need the assistance of well meaning Nigerians to keep Emmanuel alive. The baby’s father runs a block industry and the mother is a school teacher. The two of them hailed from Delta State. They are an average family with income that can hardly support the surgery of their baby. According to medical report signed by the Consultant Paediatric Cardiologist at the Lagos University Teaching Hospital (LUTH), Dr E.N Ekure, Emmanuel had Down syndrome with congenital heart disease. He said there was heart murmur and bronchopneumonia as revealed by the echocardiography performed on him. The cardiologist said the baby had complete balanced AV canal defeat, transitional type A. “On final diagnosis, the baby had complete balanced atrioventricular canal and secundum fenestrated atrial septal defect, large PDA and moderate pulmonary hypertension,” he said. A Non-Government Organisation (NGO), Media Ethics, is also partnering with individuals and cor-

By Okwy Iroegbu-Chikezie

porate organisations ready to assist Baby Emmanuel to survive. To be a part of this noble cause, cheques or cash should be made payable to Media Ethics Organisation, First Bank Account Number 2100602055 or directly to Patrick Iyamah, UBA Account number 2002101091. For more enquiry, call 08033254339 or 08033033398 The issue of babies coming down with a hole in their hearts has become a serious one, as such deserves urgent attention. This was why the former Super Eagles captain; Nwankwo Kanu established in 2000 the Kanu Nwankwo Heart Foundation, to help under-privileged African children and young adults, living with different heart ailments, obtain the cardiac surgical operations needed. There are other charitable organisations across the world such as Save A Child's Heart (SACH), which is one of the largest undertakings in the world providing urgently needed paediatric heart surgery and follow-up care for poor children from developing countries. Its mission is to improve the quality of pediatric cardiac care for children from countries where the heart surgery they need is unobtainable. A doctor who preferred anonymity said a hole in the heart is not as uncommon as most people think. The correct terminology for this condition is called a septal defect because in patients with a 'hole in the heart', the septum (which is the tissue that divides the heart into chambers) develops with a valvelike gap. In the developing foetus this gap exists in order to maintain the circulation of the baby and usually closes after birth but in some this does not occur and the gap remains open.

Although there is no known exact cause for the problem occurring it is thought there is a connection between the expectant mother having had German measles or if the pregnant person has developed a condition called toxoplasmosis after having contact with infected cat excrement. In many cases however, no cause is ever found and it is simply something that occurs as the baby grows hence why it is known as a congenital condition. Symptoms For many people the condition is so quiet that there are no obvious symptoms and it is not detected until the person has had a scan or investigation for another condition in later life. Others may find that they are becoming more and more out of breath and have no obvious explanation such as smoking, weight gain or other reason. In some babies the condition may be detected shortly after birth following routine examinations but this is often not the case. A stethoscope that is placed on the chest can sometimes allow the doctor to hear an abnormal flow of blood through the heart muscle which may alert them to a potential problem. Following this an echocardiogram can explain this occurrence and help decide a definite diagnosis. Treatments For A Hole In The Heart The range of treatments depends entirely upon how the individual is managing the problem. As many people are unaware they have the condition it is not always necessary to treat it and the treatment may cause more damage or offer more risk than simply leaving it alone. In small babies and youngsters the hole often closes as the person matures whilst others will find they are suffering more with their breathing as they age and will discuss with specialist which course of treatment will work for them. Sometimes the treatment will involve the use of a catheter (narrow but long tube) being fed into your circulatory system via an incision in your leg or groin. This catheter is guided to the defect following which a small device like an umbrella is inserted and opened which is placed over the defect. This is often the best form of treatment but may not be effective for everyone. Surgery is frequently an option and involves a major operation in which a graft is placed over the defect and effectively closes the gap. If major surgery is the only option it is important that the patient is in otherwise good health to ensure an effective and speedy recovery. •Culled from www.babyheart.in

Blood tonic, others, debut in Nigeria BRADFEREX blood tonic, which is specially formulated for iron supplementation will be launched on January 31, at the Lagos Airport Hotel, Ikeja. Produced by Bradford Pharmaceutical Limited, the drug rich in iron, folic acid and vitamin B complex is to boost local production and promote healthy competition in the global drug industry. Also to be launched are Bradmol 60ml paraceutamol syrup, bradcuff 100ml expectorant for cough and bradferon blood tonic.

THE NATION TUESDAY, JANUARY 29, 2013

TUESDAY, JANUARY 29, 2013

ENERGY THE NATION

E-mail:- energy@thenationonlineng.net

Indigenous oil companies recorded remarkable progress in construction and fabrication as well as in other areas of operation in the petroleum industry in the last two years following the enactment of the Nigerian Content Act in 2010. To create and retain more value in-country, the government is exploring new strategies this year, EMEKA UGWUANYI Assistant Editor (Energy) reports.

Local Content: Govt explores new strategies to enhance value

ETWEEN 2010, when the Nigerian Content Act was enacted and end of 2012, the quantum of activities undertaken by Nigerian companies in the oil and gas industry had substantially increased, jumping from 62 per cent to over 87 per cent by the end of last year. Within the period, several activities such as construction of oil platforms, pipes and some topside equipment previously done overseas were carried out in Nigeria, creating more jobs in-country, and advancing indigenous skills and technology transfer. The period also opened new opportunities for more Nigerians to own brand new drilling rigs and oil vessels and in view of the provisions in the Act, the operator oil companies and independents are increasingly patronising local service providers. Some of the Nigerian companies include Seawolf, Oando and NRG Drilling, which own drilling rigs while firms such as Marine Platforms, C&I Leasing and Broron Oil and Gas are into marine vessels. According to data, involvement of Nigerian companies in these activities has led to in-country retention of about $2 billion out of over $3.8 billion spent yearly in this area of the industry. In construction and fabrication, milestones have been achieved at the Nigerdock Plc and Dormanlong both in Lagos and some other fabrication yards in the country. The Nigerdock built the platform for ExxonMobil’s satellite fields, while Dormanlong constructed pressure vessels for the Ogbainbiri flow-station and Cameron Nigeria fabricated the first Christmas tree. However, because most of the components and equipment used in producing these facilities are imported, jobs which ought to have been created in-country and value creation in the economy are exported. To reverse the development, government wants to build industrial clusters that will be mentored by original equipment manufacturers to enable the local firms manufacture these equipment and components. The Executive Secretary, Nigerian Content Development and Monitoring Board, Engr. Ernest Nwapa, said that even though the multinational oil companies comply with the provisions of the Nigerian Content Law, an evaluation

of the results recorded so far, does not meet the current and future objectives of the local content. He said because most of the equipment and materials needed in manufacturing some of the facilities used in the oil industry are imported, the country still exports jobs and value which is not what the Content Acts tends to achieve. To stop this trend, he said efforts are being made to encourage Nigerian companies to begin to manufacture some of these components and equipment that would be used in building oil and gas facilities. He said because of President Goodluck Jonathan’s commitment to seeing industrial development and the Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke’s passion for local content development and desire to meet government’s aspiration for 2020, the government has given approval for invitation of original equipment manufacturers (OEMs) to Nigeria to plan how they can collaborate with Nigerian firms especially the small and medium enterprises (SMEs) to begin to manufacture these components and equipment. Nwapa said: “The Federal Government wants to stimulate industrial activities this year. President Goodluck Jonathan’s resolve to see industrial development and the Minister of Petroleum Resources, Mrs. Diezani AlisonMadueke’s passion for local content development and desire to meet the government’s aspiration for 2020, have led to adoption of strategic approaches to seeing real value creation. “In February this year, the board will visit all the governors of the oil and gas producing states to discuss on how we will collaborate with them to stimulate local activities. We will partner with the state governments to promote indigenous skills and competences.The board wants to bring big manufacturing companies, the original equipment manufacturers (OEMs) to the country. We want to set up industrial complexes or clusters in the oil producing states. “The board will bring small and medium enterprises (SMEs) interested in manufacturing to the industrial complexes where the big OEMs will guide them in manufacturing some of the equipment and components used in the oil and gas industry to international and industry stan-

•From left: Managing Director, Pipelines and Products Marketing Company, Prince Haruna Momoh; Group Managing Director, NNPC, Andrew Yakubu, Minister of Petroleum Resources, Mrs. Alison-Madueke, and Group Executive Director, Exploration and Production, NNPC, Abiye Membere, at the inauguration of the Oredo Integrated Gas Handling Facility in Benin, Edo State.

dards. “Equipment Component Manufacturing Initiative (ECMI) - was conceived to promote manufacturing activities in the country by linking equipment suppliers to the oil and gas industry to local manufacturers of equipment components and parts. The initiative is aimed at maximizing local value addition to meet the targets for equipment supply, as defined in the Schedule of the Act. “NCDMB has commitment of OEMs and their local representatives to establish facilities in Nigeria for manufacturing pumps, valves, drilling equipment and electrical and instrumentation equipment. These constitute over 50 per cent of expenditure on procurement of equipment in the industry. “The government decided to choose the approach because emphasis on compliance with contract awards to local companies alone is not achieving the expected objective of the Nigeria Content because most of the equipment and components used in executing the contracts awarded to local companies are imported and this development deeply diminishes incountry value creation. “Therefore, the board will focus more on real value creation through the establish-

ment of facilities and promotion of local capabilities for creation of services and materials. The industry must focus more on manufacturing, bringing back the bulk of fabrication jobs that are done in foreign countries and ensuring that pipes, valves, fittings and related equipment are manufactured and procured from Nigeria.” Nwapa said AlisonMadueke, who also is the Chairperson of the Governing Council of NCDMB has helped the board to record immense success in the robust implementation model for capacity development where NCDMB acts as facilitator while private sector operators inject new capital and innovation in facilities, infrastructure and training, being fully aware that Nigerian Content counts in the award of contracts. The minister’s sterling leadership, he noted, also accounted for the creation of productive employment for Nigerians by ensuring that investments in field development and production brought predictable employment generation. This is well encapsulated under the NCDMB pupilage programme, Nwapa said.Under the pupilage programme, training centres of excellence are being established to provide world class

training and certification. He said that the Petroleum Technology Association (PETAN) and other service providers are now mandated to commit to employment of Nigerians as pre-condition to participation in bids. Nwapa said the Nigerian Content Fund is being judiciously applied for capacity development intervention and as partial guarantees for the local oil firms that seek loans from banks. For instance, part of the fund is being planned for the purchase of land for establishment of a 250,000 metric tonnes capacity per annum pipe mill and coating plant. Foreign direct investment (FDI) attracted as a result of the enactment of the Nigerian Content Act is estimated at over $300 million. He added that the board has put in place a mandatory requirement that only vessels and rigs with Nigerian ownership can be utilised in the industry. Besides, at a forum in Lagos, stakeholders noted that the Ministry of Petroleum Resources’ 12-month gas supply emergency plan designed to address inadequate gas supply to power generating stations contributed to substantial improvement in electricity supply. They also noted that some Nigerian firms are

‘

The board will bring Small and Medium Enterprises (SMEs) interested in manufacturing to the industrial complexes where the big OEMs will guide them in manufacturing some of the equipment and components used in the oil and gas industry to international and industry standards

involved in lifting of equity crude – an activity they said is worth over $1.3 billion per year. During the launch of gas supply emergency, AlisonMadueke had said: “Delivery of gas to assure sufficient, uninterrupted supply to existing, as well as new thermal generating plants has been a special focus area of mine and the Ministry of Petroleum Resources. Up to recent times, gas supply to power plants outstripped demand to the extent that significant volumes of available gas remained unutilised on a daily basis. However, a close analysis of the supply chain has revealed that over the last 10 years or so, there has been significant misalignment between power projects and gas supply sources. “To quickly address the misalignment, I am immediately deploying a 12month Domestic Gas Supply Emergency Plan. During this period, the Ministry of Petroleum Resources, together with the NNPC and the gas producing companies will deploy extraordinary measures to accelerate opportunities for quick wins in order to ameliorate the potential gap between gas demand and supply.” She also noted that it is in order to increase transparency, accountability and promote efficiency that she constituted the Special Task force on Petroleum Industry Bill (PIB), Special Task Force on Governance and Control and the Special Task Force on Petroleum Revenue adding that the ministry is committed to seeing that Nigerian Petroleum Development Company’s (NPDC’s) attains 250,000 barrels of oil production per day (bpd) by 2015.

THE NATION TUESDAY, JANUARY 29, 2013

ENERGY

NNPC reinforces security at Arepo

•Yakubu

OLLOWING the notoriety of Arepo community in Ogun State as a haven for pipeline vandals, the Nigerian National Petroleum Corporation (NNPC) has started the construction of a platform for the security personnel that monitor the area. The platform, will give the security personnel – a combination of the military and the police officers – the advantage of being able to see a wider area of the pipeline and will be manned 24 hours daily. The Acting Group General Manager, Group Public Affairs Division of the NNPC, Tumini Green, said the platform initiative was part of the collective efforts of the corporation in trying to find sustainable solution to attacks on the pipeline. She said work would resume on project this week, adding that the management of the NNPC has also agreed to clear all the bushes along the pipeline’s right of way to ensure that the vandals will not have hiding place. This will also give security personnel and the general public the opportunity to see people (vandals) who have intention to carry out any act of vandalism. She said work on the construction of the platform started immediately the last fire outbreak on the pipeline was contained but was stopped briefly for security reasons, which have been addressed and would resume again this week.The clearing of bushes would

start immediately the discussion with those that would work is concluded. The NNPC spokesperson said normalcy has returned to the area, adding that the fire was put out the next day and reparation of the pipeline and resumption of pumping of products started a day after. The NNPC System 2B pipeline, a major products distribution facility that supplies products to southwest and other states was vandalised at Arepo in early hours of January 23, the second this month. But unlike the previous one, no life was lost. Green expressed disappointment over the situation, wonder-

•To clear bushes along right of way Stories by Emeka Ugwuanyi

ing why some Nigerians would choose to destroy what serves them and others. She said the corporation was displeased over the attack because it was barely a week the previous incident occurred, in which lives were lost and it took the corporation substantial resources to restore the pipeline. She said: “The management of the Nigerian National Petroleum Corporation (NNPC) can confirm the vandalisation and fire outbreak in its system 2B pipeline at

the notorious Arepo axis in the Obafemi/Owode Local Government Area of Ogun State. “We are unhappy that barely one week after the Group Managing Director of the NNPC, Andrew Yakubu paid a working visit to the scene of the last fire and pumping of products resumed afterwards, we are back to the same situation. It is so sad indeed; however, as a corporation, we are determined to ensure unimpeded flow of petroleum products no matter the odds.” She said corporation on learning about the incident mobilised

its fire trucks and engineers from the Pipelines and Products Marketing Company (PPMC), to put out the raging fire and commence repair work once the fire is extinguished. She assured the public that they should refrain from hoarding and panic buying of petrol because the NNPC would fix the line as soon as possible. “We did it before by fixing the line in less than 24 hours after the last incident and we are prepared to do it again. What we need from members of the public is vigilance. We must work together as a team to protect and safeguard the pipeline which is a collective national asset,” she added.

•Company Secretary/Legal Adviser, Masters Energy, Mrs. Patience Dappa (left) making a presentation to the Principal, Pacelli School for the Blind, Sis. Benedicta Ogike and a member of staff of the school, during the company’s visit to the school and with them is Masters Energy’s Head, Corporate Communication, Emma Iheanacho.

Oando’s rig achieves three-year drilling without LTI

ANDO Energy Services Limited (OESL), one of the leading indigenous providers of swamp drilling rigs services and a subsidiary of Oando Plc, said one of its four rigs - OES Teamwork - has recorded a safety milestone of three years of uninterrupted operations without a Loss Time Injury (LTI). LTI is an industry Key Performance Indicator (KPI), which measures adherence to safety requirements by evaluating the number of injury-bearing incidents capable of preventing a worker from performing or continuing with a task. OES Teamwork is the second rig in Oando’s drilling fleet to achieve this safety feat, after OES Integrity recorded the same achievement on Friday, August 10, 2012. OESL, which has three swamp rigs in operations, is strongly committed to Health, Safety, and Environment requirements, and is poised to remain a leading service provider in Nigeria’s oil servicing sector. Chief Executive Officer, OESL said, Mr Bandele Badejo: “We are pleased with this very significant and commendable milestone for all our stakeholders. Operating the rig for 1096 days without a Lost Time Injury is a demonstration of the emphasis we place on Environment Health, Safety, Security and Quality processes in the company, as well as the commit-

ment of our people to these processes. This feat further demonstrates to the industry that indigenous drilling services providers with the right people and attitude are capable of sustaining safe, efficient and incident-free operations.” The Chief Environment, Health, Safety Security and Quality (EHSSQ) Officer, Oando Plc, Chijioke Akwukwuma said: “We are very proud of the OES teamwork for achieving this remarkable safety milestone, which is in line with the Oando Group’s zero tolerance for unsafe conditions and practices. We are committed to achieving our world-class aspirations of incident-free operations every day across all of our operations.” OESL Teamwork rig, which is contracted to a leading international oil company, has successfully drilled, completed and worked over wells in the course of its campaign. The rig is a 3,000 HP swamp drilling barge equipped with 10,000 psi Blow Out Preventers (BOP) systems. It has an IDECO built mast and substructure with rated static hookload capacity of 1.5m lbs and capable of drilling up to 25,000 ft. The rig is equipped with three model 645E8 EMD diesel engines, two model T-1600 IDECO mud pump, three Derrick Linear Motion Shakers, two HiG- dryers, and Varco TDS-3 Top

Drive. Oando PLC has robust policies and procedures covering product quality, safety, environment, health, security and emergency readiness to ensure that all its operations meet international safety requirements, guided by its “14 life-saving rules”. The company runs a dynamic Environment, Health, Safety, and

(EHSSQ) framework for its employees that include training, regulatory certifications and a “stop work” policy which empowers employees to halt an operation on the account of unsafe work conditions. In addition, it hosts an annual safety week to deepen awareness and strengthen an incidence-free work life culture.

•Group Chief Executive Officer, Oando Group, Wale Tinubu

Abia praises Fed Govt for NDDC’s projects

OLLOWING the inauguration of several projects executed by the Niger Delta Development Commission in Abia State, the commission’s representative in state has commended President Goodluck Jonathan. Abia State representative on the Niger Delta Development Commission Board Aloysius Nwagboso thanked the President for the prompt attention given to the Commission, which necessitated the execution of various developmental projects in Abia State. Nwagboso, who spoke at the ianuguration of several projects executed by the Commission last week in Ukwa West Local Government Area of the state, said President Jonathan had taken special interest in NDDC projects not only in Abia, but also

in the entire Niger Delta states. Some of the projects include the commissioning of 17.4 Kilometre Akwaete-Umuabai –Obele – Ndoki road that links Abia and Rivers States. The Abia NDDC representative also commended both the federal and state governments for their cooperation, which ensured successful execution of the road project. He expressed his profound appreciation to the Abia State Governor, Sir Theodore A. Orji for his useful advice and concern, which immensely contributed to the successful execution of the NDDC projects in the state. The Deputy Speaker of the Abia State House of Assembly, Hon. Asiforo Okere, who opened the road, commended NDDC for the projects, noting that the road has reunited them with their rela-

tions in Oyigbo Local Government of Rivers State. He said the Abia State House of Assembly would continue to make laws that would create the enabling environment for NDDC and other federal agencies to operate in the state. In a related development, the former transition Chairman of Ugwunagbo Local Government Area, Chief Munachi Alozie, while inaugurating a water project at Osike autonomous community of the state commended the NDDC for the project and other projects earmarked for the local government. The ceremonies were witnessed by the state NDDC representative, staff and management, as well as state government representatives, traditional rulers and prominent personalities from the benefitting communities.

THE NATION TUESDAY, JANUARY 29, 2013

ENERGY

Power sector reform: Can Nigeria achieve global best practices? Introduction

HE primary objective of reform is to bring about positive changes in an organisation or system. Reform unveils a systematic notion of change with different outcomes. The need for change emanates from data that suggests different business strategies in order to stay competitive. Public or private entities need some sort of change, improvement, amendment of what is corrupted or defective to improve so that they may become more efficient and more transparent. Reform could be a challenging process for decision makers because of its nature of thinking outside the box in order to become more creative and improve on risk taking abilities. In addition, reform is a process geared toward a positive and more profitable outcome to benefit all stakeholders. In the case of Nigeria, the power reform is long overdue. A successful power reform leading to change in the current “blackout series” will ensure that power is generated, transmitted and distributed efficiently for the purpose of “lifting the veil” from the eyes of Nigerians so that they can see “the light”. With the theatrics shrouding the power issues in Nigeria, many Nigerians have resigned themselves to the “indelible darkness” knowing that the so-called “cartel” will never let Nigerians enjoy power and electricity.

Power sector reform The power sector reform law was passed in 2005. It was called the Electric Power Sector Reform (EPSR) Act and drafted to provide the necessary framework needed to begin the process of reform of the power sector in 2005 all in accordance with the existing policies of the National Electric Power Policy (NEPP). It aims to remove the operational and regulatory responsibilities of the electricity parastatal from the coffers of the Federal Government. In addition, the Act provides the necessary framework for competition and monopoly of the sector by creating a regulatory body that will license and regulate the generation, transmission and distribution and supply of electricity for the nation. The Act will also allow for the determination of appropriate tariffs. It further repeals the Electricity Act and the National Electric Power Authority Act (NEPA). The Act was divided into three main sections namely: The Power Generation sector, the Power Transmission sector, and the Power Distribution sector. It is worthy to note that before now, there was no national regulatory framework for power. The reform law enabled the following: Unbundling of the power sector, and decentralising of the power sector.

What is to unbundle and decentralise? If we look at the power sector from the perspective of the defunct National Electric Power Authority

By Njideka Kelley and Komlan Badake

(NEPA), one might agree that “unbundling and decentralising” are the actual ways to go with the power issue in Nigeria. This is what reform is supposed to do. It looks at the existing organisation or parastatal, takes it up wholly or partially, cuts it up in chunks, subdivides or merges several or whole units into more effective and efficient units. NEPA was a bureaucratic organisation, which needed to be decentralised, its power diminished or minimised and units dislodged to create a free, independent, efficient and effective and sometimes smaller units. Eighteen distinct companies were carved out of these three sectors in preparation for privatisation, which currently is ongoing. The generation company (Genco) has six companies while the distribution company (Disco) has 11 companies also in different zones, such as Enugu, Lagos, Kaduna, and Ibadan, among others. The transition company has one company which is owned by the government due to security sensitivities and managed by a private company. Two corporations National Electricity Regulatory Commission (NERC) and Rural Electrification Agency (REA) were created. They function as autonomous units. However, the minister of power still supervises the whole power sector. The organisational structure changed for the purpose of privatisation.

of Power Holding Company of Nigeria(PHCN) whereby it will be divided into three segments: The Generation sector, Transmission sector and Distribution/Market sector. In addition, there will be a horizontal unbundling with the creation of PHCN successor companies and several transition reform entities will be created. A complete overhaul of the previous PHCN will be taken over by a complete new structure with system and market operators established and full transition steps towards a well rounded competitive market to follow. To introduce competition, functional segmentation of PHCN is crucial. This required: the separation of transmission and dispatch from generation; the establishment of a transmission company; the establishment of a number of competing, privately owned generation companies from existing PHCN generating facilities; the opening up of generation to new market entrants; and the establishment of a number of distribution and sales (marketing) companies, which will also be privatised.

Goals of unbundling, decentralisation The government aims to provide

•Kelley

•Badake

a world-class ESI that will ensure an efficient way to manage the generation, transmission, distribution and marketing of power and electricity which will be safe, clean, affordable and efficient plus will have the ability to yield profit for the nation while assuring that it is cost-effective. In addition, the ESI will be able to attract private investors not just from,but also all over the world. The power sector will be developed under a transparent and effective regulatory framework, which aims to develop and enhance indigenous capacity in electric power sector technology, and to participate effectively in international power sector activities in

order to promote electric power development in Nigeria, meet the country’s international obligations and derive maximum benefit from international cooperation in these areas. It also aims to ensure that the government strips its interest in the state-owned entities and establishes the key principles of restructuring and privatisation in the electric power sector while encouraging competition to come across growing demand through the full reformation of the electrici ty market, and to evaluate and inform electricity laws in toeing the line with the necessity to introduce private sector operation and competition into

egy of deregulation in the early 1970’s in the US allows for competition in the wholesale power market and eventually leading to the retail sector. The reform policy supports regulation that suppresses duplication and foster new ideas to elicit the economically desirable outcomes. Hence, reform should capsize the way we do business by introducing new paradigms to meet the needs of today’s competitive and global market. The US pioneers the concept of reform in almost every industry to allow creativity, competition, critical thinking, risk taking, and self-determination to meet the need of the consumers. The US’ strategy in energy deregulation was a gradual process that led to legislative action by Congress. US deregulation called for sector-by-sector beginning from the wholesale to the retail of the power supply to avoid networks duplication and inadequate use of the country’s resources. The reform process in the US not only focused on states or companies but more importantly on consumers. The consumers’ focus subsequently led to price competition. The retail price competition introduced by the state of California in 1999 quickly spilled over two- dozen states including

New York, Texas, Massachusetts, Ohio and New Jersey (Das, 2010). Although the retail price competition is an achievement in the reform process, the consumer’s freedom to choose his/her energy supplier created unprecedented competitive energy market. The US roadmap in energy deregulation from the early 1970s to the mid-2000 showed significant achievements despite some limitations or setbacks in the retail energy competition. The US energy reform achievement has prompted several countries such as India, Mexico, Canada, and Venezuela, just to name a few, to begin making changes in their energy policies in order to cope with the challenges ahead. India: India has taken a particular interest in the US energy reform because it must attract investors and meet the unprecedented growing demand of its consumers. The competition in itself is geared toward bringing down price of goods and services and to provide better services to consumers. • Dr. Njideka Kelley and Dr. Komlan Badake are of New Generation Consulting Resource Solutions, Cresco, Pennsylvania, United States. They can be reached via n j i g i r l @ y a h o o . c o m , www.newgenerationconsultingrs.com.

Why unbundle and decentralise the sector? The overarching objective of the electric power policy statement is to make sure that Nigeria boasts of an electricity supply industry (ESI) that can adequately address the demands of the citizens in the 21st Century as far as power is concerned; this requires a world- class reform process at all levels of the industry. The power sector reform therefore, must meet its obligation to break-up and regionalise the entire sector otherwise it has not met the challenges of reform. Breaking up and regionalising these new divisions will be more effective for distributing the power to various localities of the states and the nation at large. When the Discos receive their mandate, they must begin to strategise on how to dispense the power that has been generated to reach the remotest units of their specific zones. This single act alone if managed properly can bring about the change that Nigerians seek. This is the goal of reform to take an existing problem, study it, analyse it and carve out various meaningful solutions from the original problem while adding new and effective tested measures to make the old problem become efficient. Nigeria must take the approach of reforming several public companies in line with best practice for meeting global trends. The unbundling will be such that there will be a vertical unbundling

‘

Reform calls for open-minded approach, critical thinking sphere, risk taking intuition, and desire to make a difference for all. Research has indicated that reform is an acrimonious process for the elites as they may lose grip on their wealth

•Power generation facility

the sector. For quite some time, one can agree that many things in our society both in the public and private sectors need to be fixed because they are utterly broken. One may argue that those responsible for safeguarding our prospects are unfortunately protecting their personal interests. For over the past two decades, many organisations and countries have been yearning for reforms in one or more of their operational sectors. Some have managed to acquire the needed reform to stay competitive or to rise above the norms. Reform calls for open-minded approach, critical thinking sphere, risk taking intuition, and desire to make a difference for all. Research has indicated that reform is an acrimonious process for the elites as they may lose grip on their wealth. On the other hand, reform brings a comprehensive change to the industry to serve ‘all’ the stakeholders and not just the elite class.

Global trends From the 1930s to the 1970’s, the evolution of electricity in the United States was monopolised and operated on the vertical private investor owned utilities (IOU). The strat-

•To be concluded next week

THE NATION TUESDAY, JANUARY 29, 2013

NEWS

Amaechi to detractors: God’ll fight for me

•Amaechi

IVERS State Governor and Chairman of the Nigeria Governors’ Forum Rotimi Amaechi has said God would continue to fight for him, despite criticisms by detractors. Amaechi spoke at the weekend during a thanksgiving service at the main bowl of the

Alfred Diete Spiff Civic Centre, Port Harcourt. He said his administration would continue to depend on God as it strives to build a new state. The governor said since his ascension to power was divinely orchestrated, he has nothing to fear. “We need to tell our critics that development is not only about roads, but projects that impact on the lives of the poor. “What about education, health, power, water? I am ready for a debate with all those who criticise what we have done. “They should come and tell us what they have done with the position they held. “God will fight for me. When you have God, all those who are fighting you can never defeat or harm you.” Amaechi recalled that his obedience and closeness to

God restored his stolen mandate in 2007. “I didn’t depend on anything or anyone, I depended only on God. “God told me that majority of Rivers people are poor and I should improve their lives. “So if I stand on a pulpit, the first thing I remember is what God told me. He said I should ensure that Rivers money gets to the poor, but he didn’t say I should share the money. “If I had done that, God would have dropped me long ago. God wanted me to embark on social projects that will impact positively on the lives of the people.” The governor said the administration would sponsor either an Executive bill or Private member bill to the House of Assembly to declare January 27 a day of dedication and thanksgiving to God in Rivers State.

Edo aspirants protest imposition of candidate

IVE chairmanship aspirants from Owan East Local Government Area of Edo State yesterday protested to the State Secretariat of the Action Congress of Nigeria(ACN) over plans to impose a candidate . Justin Ozeoya, Godwin Imoudu, Unuigbe Oladele, John Aimola and M.O Oremeta led hundreds of ACN members from Afuze to Benin to barricade the ACN secretariat. In a communique submitted to the party leadership, the aspirants said they believe in the

From Osagie Otabor, Benin

party’s doctrine of equity, fairness and justice in the forthcoming primaries. The communique reads: “We dissociate ourselves from any endorsement of any aspirant in the forthcoming ACN nomination in Owan East because all party members must be ready to abide by the ACN constitution.” They said any attempt to impose any candidate would be resisted. The aspirants urged the party leadership to ensure that

the right candidate emerged through the primaries. The party’s Organising Secretary, Frank Erewele, commended the aspirants for the peaceful protest. Erewele assured them that all the aspirants would test their popularity in the field. At the Government House, Governor Adams Oshiomhole, who was represented by the Deputy Chief of Staff, Steve Idehenre, said no individual is bigger than the party. Oshiomhole said the party’s decision is supreme.

NDLEA arrests two in Akwa Ibom

WO physically-challenged persons have been arrested by the National Drug Law Enforcement Agency (NDLEA) in Akwa Ibom State for alleged possession and sale of dry weeds suspected to be Cannabis Sativa. The suspects are Udim Akpanudofia Afangideh (male) and Ekom Okon Akpan, a 25-year-old single mother with two children. The State Commander, Mrs. Josephine Obi, said 25-year-oldAfangideh was arrested at his family home at Ukana Ikot Ntuen village in Essien Udim Local Government. She said 1.8kilogrammes of Cannabis Sativa were recovered in two big parcels,

From Kazeem Ibrahym, Uyo

wraps, and loose quantities. “Ms Akpan was arrested with 100 grammes of the same dry weed recovered under her legs. “It was covered with a cloth and some concealed in a black nylon hid under a plantain tree close to a building where she runs a provision store at Utu Midim in Abak Local Government.” Mrs. Obi added that the suspects were arrested on January 23 by officers of the Ikot Ekpene Area Command during a raid of illegal drug joints. She said the duo have confessed to the crime and would remain in NDLEA custody, until investigation is completed.

Uduaghan advises Armed Forces

ELTA State Governor Emmanuel Uduaghan has challenged participants of the Senior Executive Course of the Armed Forces Command and Staff College, Jaji, to help formulate policies that will move the nation forward. Governor Uduaghan gave the advice yesterday in Asaba, the state capital, when he hosted participants of Course No. 35, who were in the state for a research and study course. They were led by MajorGeneral Ojiji Uso. He said such recommendations would aid the country and in particular, Delta State, in its developmental drive. The governor lauded the participants for choosing the state for their research.

From Shola O’Neil, Warri

He noted that the theme of the study, “Enhancing Food Security for Nigeria’s National Development,” was

apt and in line with the challenges facing the country. Uduaghan said the report of their findings should be forwarded to the states to form part of the roadmap for transformation.

Conduct council polls, says Delta ACN From Polycarp Orosevwotu, Warri

HE Action Congress of Nigeria (ACN) in Delta State has called on Governor Emmanuel Uduaghan to conduct local government elections. It described the 25 transition committees as unlawful and unconstitutional. In a statement by the State Publicity Secretary, Frank Eghomien, the party condemned the illegality being exhibited by the ruling party over the transition committees. “We strongly believe and hold that the Peoples Democratic Party (PDP)-led administration in Delta State has violated Section 7(1) of the 1999 Constitution. “The administration of Oath of Office on selected persons into transition committees to manage the affairs and funds of the local governments is not only unlawful but a slap in the face of citizenry .”

THE NATION TUESDAY, JANUARY 29, 2013

MONEY LINK

‘Nigeria, Canada target $6b trade volume’

IGERIA and Canada, yesterday, agreed on strategies to double the volume of trade between them to $6 billion by 2015. Both countries also resolved to strengthen trade and investment ties between them by leveraging on areas of competitive and comparative advantage. The decisions were reached during the Nigeria-Canada BiNational Commission meeting in Abuja, co-chaired by the Nigerian Minister of Trade and Investment, Olusegun Aganga; and the Canadian Minister for International Trade, Ed Fast. In a statement, Aganga said both countries would significantly enhance their socio-economic ties through the Bi-National Commission by working on mutually beneficial growth projects along areas of competitive and comparative advantages. “Nigeria is one of Canada’s largest trading partners in Sub-

Stories by Collins Nweze

Saharan Africa. In 2011, Nigeria’s value of merchandise trade with Canada stood at $2.7 billion; consisting of $2.5billion in Nigeria’s exports to Canada and $199million import. The bulk of Nigeria’s export to Canada, however, revolves around oil and gas. It is therefore imperative for us to strengthen our relationship by widening our export into the non-oil sector,” he said. Aganga noted that the meeting provided platform for the two countries to review their socio-economic progress and chart a new roadmap for increased trade and investment as well as enhanced economic growth on both sides. “The establishment of the Nigeria – Canada Bi-National Commission (NCBNC) is to further facilitate and strengthen the bilateral cooperation between our two countries is indeed an initiative worthy of

like Nigeria. In order to achieve this, we are taking steps to enhance business ties between Canada and Nigeria,” he said. He said both countries are also looking at ways of increasing mutually beneficial and prosperity generating investments between Canada and Nigeria through Foreign Investment and Protection Agreement, which we are considering now with our Nigerian counterpart. We are

commendation. This meeting today serves as an avenue for Nigeria and Canada to review the socio-economic progress of both countries with a view to consolidating on gains and restrategizing for enhanced growth,” he said. Also speaking during the meeting, Fast said that Nigeria remains Canada’s trade and investment priority in Africa, adding that arrangements were ongoing towards signing an Investment Protection Agreement with Nigeria as part of efforts to enhance trade and investment between the two countries. “Trade and Investment are the twin engines of economic growth and Nigeria represents Canada’s number one trade and investment interest in Africa”, he said. In this period of global economic uncertainty, Canada is committed to building strong economic partnerships with emerging economic powers

lot of subsidiaries covering key sectors including, oil and gas, agro-allied, information technology, manufacturing, real estate, finance, amongst others. Director of the bank and Chairman, Oriental Energy Resources Limited Muhammed Indimi, said the investment is welcome development as it will broaden the lender’s capital base and expand its operational capacity.

NALYSTS at FBN Capital have forecast 9.5 per cent Monetary Policy Rate (MPR) by year-end. The analysts in an emailed report said the majority of Monetary Policy Committee (MPC) does not want to change the winning formula unless they are more comfortable with domestic inflation and the global outlook. It however, said that position seems unlikely at the next meeting in March although, easing could begin thereafter and a policy rate of 9.5 per cent at end-year. The CBN said there was encouraging pick-up in growth in fourth quarter of last year, which is above seven per cent year on year for Gross Domestic Product (GDP) and above eight for the non-oil economy. However, it gave greater attention to risks in the global economy, the domestic fiscal stance and the oil price.

Jaiz Bank PLC obtained its regional banking license from the Central Bank of Nigeria (CBN) on 11 November, 2011 and commenced operation on January 6, 2012 with branches in Abuja, Kano and Kaduna. The bank’s capital base is currently over N11billion and it plans to upgrade its license before the end of the year to allow it to operate in all the states in Nigeria.

FGN BONDS Amount N

Rate %

M/Date

3-Year 5-Year 5-Year

35m 35m 35m

11.039 12.23 13.19

19-05-2014 18-05-2016 19-05-2016

Amount Amount Offered ($) Demanded ($) 350m 150m 350m 138m 350m 113m

Price Loss 2754.67 447.80

INTERBANK RATES 7.9-10% 10-11%

PRIMARY MARKET AUCTION (T-BILLS) Tenor 91-Day 182-Day 1-Year

Amount 30m 46.7m 50m

Rate % 10.96 9.62 12.34

Date 28-04-2012 “ 14-04-2012

GAINERS AS AT 28-1-13

SYMBOL PRESCO JBERGER UNITYBNK CUSTODYINS PRESTIGE INTBREW UACN TRANSCORP MANSARD FLOURMILL

O/PRICE 26.20 51.52 0.72 1.66 0.55 23.89 52.00 1.11 2.00 73.49

C/PRICE 28.82 56.67 0.79 1.82 0.60 25.99 55.05 1.17 2.10 77.16

CHANGE 2.62 5.15 0.07 0.16 0.05 2.10 3.05 0.06 0.10 3.67

O/PRICE

AIRSERVICE AIICO REDSTAREX JOHNHOLT JOSBREW DANGCEM NPFMCRFBK NEIMETH UTC STERLNBANK

4.97 0.85 3.32 2.06 1.46 147.00 0.96 0.98 0.79 2.81

C/PRICE 4.48 0.78 3.13 1.96 1.39 140.20 0.92 0.94 0.76 2.71

NGN USD NGN GBP NGN EUR NIGERIA INTER BANK (S/N) (S/N) Bureau de Change (S/N) Parallel Market

Current Before

Exchange Rate (N) 155.2 155.8 155.7

C u r r e n t CUV Start After %

147.6000 239.4810 212.4997

149.7100 244.0123 207.9023

150.7100 245.6422 209.2910

-2.11 -2.57 -1.51

149.7450

154.0000

154.3000

-3.04

152.0000

153.0000

155.5000

-2.30

153.0000

154.0000

156.0000

-1.96

DISCOUNT WINDOW Feb. ’11

July ’11

July ’12

MPR

6.50%

12%

Standing Lending Rate ,, Deposit Rate ,, Liquidity Ratio Cash Return Rate Inflation Rate

8.50% 4.50% 25.00% 1.00% 12.10%

8.50% 4.50% 25.00% 2.00% 12.10%

9.50% 5.50% 30.00% 2.00% 11.8%

Date 2-7-12 27-6-12 22-6-12

7 Days 30 Days 60 Days 150 Days

27-10-11 N6.5236tr 20,607.37

28-10-11 N6.617tr 20,903.16

Rate (Previous) 4 Mar, 2012 9.0417 9.6667 11.2917 12.1250

% Change -1.44% -1.44%

MEMORANDUM QUOTATIONS

ARM AGGRESSIVE GROWTH KAKAWA GUARANTEED STANBIC IBTC GUARANTE AFRINVEST W.A. EQUITY FUND LOTUS CAPITAL HALAL BGL SAPPHIRE FUND BGL NUBIAN FUND FBN MONEY MARKET FUND FBN FIXED INCOME FUND NIGERIA INTERNATIONAL DEB. PARAMOUNT EQUITY FUND CONTINENTAL UNIT TRUST CENTRE-POINT UNIT TRUST STANBIC IBTC NIG EQUITY • ARM AGGRESSIVE

Offer Price

Bid Price

9.17 1.00 137.64 139.93 0.80 1.13 0.96 100.00 1,000.00 1,782.25 13.74 1.39 1.87 10,387.88

9.08 1.00 137.24 139.81 0.78 1.13 0.95 100.00 1,000.00 1,781.21 13.07 1.33 1.80 10,090.88

• KAKAWA GUARANTEED • STANBIC IBTC GUARANTE • AFRINVEST W.A. EQUITY FUND

NIBOR Tenor

NSE CAP Index

Name

CHANGE 0.49 0.07 0.19 0.10 0.07 6.80 0.04 0.04 0.03 0.10

Amount Sold ($) 150m 138m 113m

CAPITAL MARKET INDEX Year Start Offer

LOSERS AS AT 28-1-13

SYMBOL

single-digit target, however, pressures are expected to ease in upcoming months, all else the same. “Monetary easing may prove difficult in the wake of the new oil benchmark approved by the National Assembly, from $75 to $79, which increases the Government’s budget and potentially widening the budget deficit in 2013. Quests to stabilise exchange rate means aggressive interest rate cuts are unlikely,” it said.

EXHANGE RATE 6-03-12 Currency

OBB Rate Call Rate

• CBN Governor Sanusi Lamido

WHOLESALE DUTCH AUCTION SYSTEM

MANAGED FUNDS

NIDF NESF

The CBN had last week Monday, retained the MPR at 12 per cent for the for eightieth time consecutively, since November 2011, due to inflationary concerns and uncertainty in the global economy. The CBN retained the MPR at 12 per cent with a corridor of plus or minus two per cent, Standing Deposit Facility at 10 per cent and Standing Lending Facility at 14 per cent. It also maintained the Liquidity Ratio (LR) at 30 per cent and Cash Reserve Ratio (CRR) at 12 per cent. The firm explained that the decision means that other forms of monetary policy, such as Open Market Operations (OMO), will continue to be the preferred method for managing liquidity. It said that inflation still remains above the CBN’s

DATA BANK

Tenor

Initial Current Quotation Price Market N8250.00 5495.33 N1000.00 N552.20

tries and welcomed the commitment by the Canada-Nigeria Business Association to double the volume of trade by 2015 to $ 6billion. The ministers particularly welcomed the strong role of the private sector in expanding the two countries’ economic ties and agreed on the importance of renewed efforts to ensure that each country’s private sector is more acquainted with the opportunities in the other country.

Analysts forecast 9.5% interest rate by year-end A

Al Qahtani Group to invest in Jaiz Bank L QAHTANI Group of the Kingdom of Suadi Arabia has indicated its interest in investing in Jaiz Bank, Nigeria’s non-interest Islamic bank. Chief Financial Officer of the Al Qahtani Group, Sheik Tarik Mumtaz, who led a delegation of the company to Nigeria, recently disclosed this in a statement. Al Qahtani Group was established in 1940 and has a

also working hard to get visa processing time to global standards of 10 working days. “It is important that Canada and Nigeria work together to create a climate where businesses can thrive to build a brighter future for Canadians and Nigerians alike,” he said. A joint communiqué issued at the end of the meeting said, “The two ministers noted the rapidly growing volumes of trade between the two coun-

Rate (Currency) 6, Mar, 2012 10.17% 11.46% 11.96% 12.54%

Movement

OPEN BUY BACK

Bank P/Court

Previous 04 July, 2012

Current 07, Aug, 2012

8.5000 8.0833

Movement

THE NATION TUESDAY, JANUARY 29, 2013

EQUITIES NIGERIAN STOCK EXCHANGE

Market sheds N33billion

DAILY SUMMARY AS AT 28-1-13

HE equities market began the week in the bearish zone. It shelved 34 basis points yesterday courtesy of strong value depletion recorded by Dangote Cement. It shed N6.80 representing 4.63 per cent depreciation to close at N140.20. The drop in Dangote Cement was an addition to the previous drops it recorded last week with closing sentiments suggesting the possibility of further decline in coming sessions. The dip in DangCem defined significantly the direction of the market. This is premised on the fact that only 20 stocks dropped value against 46 that appreciated. A significant number of stocks with depleted value were mid and small capitalised stocks. The mixed sentiments in the market, which led to more gains than losses, had on the up-tick Unity Bank and Wema Bank, which had insatiable demand leading to gains of 9.7 per cent and 4.2 per cent. Top –tier banks UBA, Zenith Bank and FBN Holdings also closed on the up-tick picking

By Tonia Osundolire

up 4.2 per cent, 1.8 per cent and 1.1 per cent apiece. On the flip side, selling pressure trimmed off, 3.5 per cent and 2.9 per cent from Sterling Bank and Diamond Bank while Fidelity Bank and Skye Bank also dropped over 2.0 per cent apiece. Regardless of the downturn, bullish investors dominated trade log through transacted deals, volume and money votes. The market traded 965.023 million shares worth N8.037 billion across 6,371 deals. The volume and value traded on Monday appreciated by 74.55 per cent and 29.15 percent respectively from 552.868 million shares worth N6.223 billion recorded on Friday. UACN and Transcorp were top picks in the conglomerate yesterday, with gains in excess of 5.0 per cent a piece. AG Leventis also recorded a slimmer 2.6 per cent mark-up. Unilever and John Holt however, went south, dropping N0.01 and N0.10 respectively. In summary, the market

shed 108.61 absolute points, representing 0.34 per cent depreciation, to close at 31,474.88 points. Similarly, market capitalisation shed N33 billion representing 0.33 per cent decline, to close low at N10.070 trillion. ETI emerged the most traded stock on the activities table with 361.25 million shares valued at N3.98 billion and exchanged in 156 deals. Unity Bank, Access Bank, LASACO and Diamond Bank followed in sequence. Presco and Julius Berger led the gainers’ table with an increase of N2.62 and N5.15 to close at N28.82 and N56.67 respectively. Unity Bank, Custodian & Allied, Prestige Assurance, International Breweries, UACN, Transcorp, Mansard and Flourmills added up for the top 10. The highlighted stocks here are MM stocks. Airline Services continued to shed higher value and dominated losers’ chart in percentage terms. It shed additional N0.49 representing 9.86 per cent value depletion. The Airline Service sector has lost N0.53, representing 9.64 per cent in the previous session. AIICO, Red Star, John Holt, Jos International Breweries, Dangote Cement, NPFMCRFBK, Neimeth, UTC and Sterling Bank added up for the top ten losers.

NIGERIAN STOCK EXCHANGE DAILY SUMMARY AS AT 28-1-13

THE NATION TUESDAY, JANUARY 29, 2013

NEWS

18 die, others injured in Onitsha accident

IGHTEEN persons were yesterday feared dead in Nkpor, near Onitsha, Anambra State, when a speeding trailer reportedly lost control as it descended the Nkpor flyover and rammed into a vehicle belonging to the state Transport Company (TRACAS) as well as six others. It was learnt that the accident occurred at the yam section of Nkpor Main Market, at 4:30pm. The trailer fell on traders by the roadside and other unsuspecting road users. It hit several other vehicles on a single lane because of the construction on the other side of the road. An eyewitness, Dede Uzor A. Uzor, who is the state Chairman of the Campaign for Democracy (CD), said 15 of the victims were suspected to be students. He said the trailer was heading to Onitsha while the buses were leaving Onitsha. Another source, who spoke in confidence, said he saw seven bodies being carried away

Two die, 20 injured in Enugu TWO people were yesterday confirmed dead and 20 others were injured in a road accident on the Enugu-Onitsha Road. The accident occurred at Nkwo Ezeagu, Ezeagu Local Government Area of Enugu State at 10am. It was gathered that two Hummer buses, with registration numbers LSD 936 XA and XA 927 ZLL, which were travelling on opposite directions, collided. The drivers of both vehicles reportedly died on the spot while the passengers were injured. With prompt arrival of the police, the injured were taken to Our Saviour Hospital, Ekochin Hospital and Our Refuge Hospital, all in 9th Mile Corner, Ngwo, as well as Orthopaedic Hospital, Enugu. The dead were deposited at Our Saviour Hospital’s mortuary and Oji River General Hospital. Police spokesman Ebere Amaraizu said security agents were investigating the cause of the accident. From Odogwu Emeka Odogwu, Nnewi

in an ambulance from Iyi-Enu Hospital, Ogidi. The source said the fuel tanker brakes of the failed on top of the bridge, causing the multiple accident. TRACAS Managing Direc-

tor Tony Ileka said one of the vehicles in the company’s fleet was also involved. He said 14 passengers had only three survivors. The TRACAS chief could not give further details on other vehicles involved in the accident as well as the victims. Ileka said though the students’ vehicle was hit, nobody

died. The CD criticised the alleged delay by the Federal Road Safety Corps (FRSC) in responding to the emergency calls to attend to the victims. Its Chairman, Uzor, urged Governor Peter Obi to assist the survivors besides visiting them at the hospital. He decried what he called excessive speed among drivers of long lorries. Uzor said: “The driver should be arrested and prosecuted for murder, because his speed appeared as if he was on a suicide mission in the midst of a crowd.” The Anambra State Sector Commander of the FRSC, Mr Hyginus Omeje, faulted Uzor’s criticisms. He said FRSC officials usually go to accident scenes, even where they are not invited, to care for victims. The FRSC commander said his men did not waste time in responding to the distress calls they received. According to him, the casualty figure was 18 yesterday.

Gunmen kidnap transporter’s younger brother

R Daniel Okeke, the younger brother to an Onitsha transporter, Chief G. U. Okeke, was yesterday kidnapped in Onitsha, Anambra State. Okeke was allegedly kidnapped by gunmen about 7am in front of his home on Amobi Street, Odoakpu area of the town. An eyewitness said the five kidnappers arrived the place in a white Mitsubishi bus and went straight for their victim, who lives at the junction be-

From Odogwu Emeka Odogwu, Nnewi

tween Amobi Street and Modebe Avenue, where they reportedly met and whisked him away in their bus. A source said Okeke just woke up and was preparing for the day’s business when the abductors seized him. The suspected abductors’ bus was allegedly spotted at Ugwunabamkpa, Onitsha, where they were said to have attempted to snatch another

vehicle and probably dump theirs to avoid easy identification. Police spokesman Emeka Chukwuemeka, who confirmed the incident, said he had not received official information from Onitsha on the matter. Chukwuemeka added that the police command had mobilised its men to track down the kidnappers and release the victim. Chief Okeke told reporters on phone that he did not know

Catholic Varsity names auditorium after Tambuwal

OR promoting inter-religious harmony in the country, the Godfrey Okoye University, owned by the Enugu Diocese of the Catholic Church, has named an auditorium after House of Representatives Speaker Aminu Waziri Tambuwal. The Vice-Chancellor, Prof Christian Anieke, announced the naming of the auditorium after Tambuwal during the university’s capital project campaign at its temporary campus in Enugu. A statement by his Special Adviser on Media and Public Affairs, Mallam Imam Imam,

said the Speaker hailed the institution for the gesture and promised to do more to uplift the standard of education in Nigeria. Tambuwal described as worrisome the glaring absence of academic activities in majority of Nigeria’s institutions of learning. He said Nigeria’s education sector is facing imminent collapse, adding that all hands must be on deck to salvage the situation. He, however, assured of the resolve of the House of Representatives to come up with legislative interventions that

‘10 power projects ready this year’ From Augustine Ehikioya, Abuja

•Tambuwal

would guarantee educational excellence in Nigerian schools.

Fashola, Lagos Business School sign MoU on competitiveness projects AGOS State Governor Babatunde Fashola (SAN) yesterday signed a Memorandum of Understanding (MoU) with the Lagos Business School (LBS) on competitiveness project. The governor said the willingness of his administration to be open showed that those criticising the state’s economy are wrong. Fashola, who spoke at the Conference Room of the Lagos House, Ikeja, explained that the partnership with the LBS shows that any matter could be debated and analysed for public good, as it is done in several parts of the world. The governor noted that the project shows that his ad-

ministration was ready to present its processes to independent teams of academics, professionals and entrepreneurs and also share knowledge and experience with them to benefit from existing human capital in the state. He said great cities, such as London and New York, share a cordial relationship with their business schools and universities. According to him, the MoU should have come earlier than now. Fashola added: "But it is consistent with some of the things that I have advocated, that the town and gown must shake hands. We must implement policies that are consistent with the experience of

why the kidnappers targeted his younger brother and what exactly they wanted. The transporter said he was concerned about his brother’s safety, adding that the abductors had not contacted the family. Chief Okeke was two years ago kidnapped by gunmen but was later released. He assisted police in arresting the suspects. The matter has led to a legal battle with accusations and counter-accusations between both sides.

people out there and the people must also acquire knowledge and skills that are useful for government to discharge its responsibilities.” The Dean of the Lagos Business School, Dr Enase Okonedo, said the objective is to see how the LBS can make Lagos an attractive place not only for businesses but also for business persons who will come to Africa and take advantage of the potential which has been out there for a couple of years. She said the Lagos Competitiveness Project is a collaboration between the Lagos State Government and the LBS to competitiveness studies across the 10 crucial sectors.

EN power projects will be completed this year to boost power supply, the government said yesterday. A board member of Niger Delta Power Holding Company (NDPHC) Dr. Kayode Fayemi assured that the ten projects under the National Integrated Power Project, (NIPP) would come on stream by year end. The Ekiti State governor spoke in Abuja at the end of the 25th board meeting of NDPHC - the operator of the NIPP projects. He said: “Perhaps the most heart warming news that we are to give is the fact that this is going to be the year of harvest. You have heard many things before now about the NIPP projects across the country, we want to assure Nigerians that based on the work that has been done so far, we are almost certain that all of the 10 projects across the country will be delivered this year. “And those are the power plants I’m talking about that are being constructed across the country - Omotosho, Geregu, Alaoje, Olorunsogo, Sapele etc. All of them will be ready this year. “And we also approved the budget of the company for the year to ensure that the operations of the company are not impaired in anyway.

‘Why UNILAG convocation was postponed’ By Kofoworola Belo-Osagie

UNIVERSITY of Lagos (UNILAG) Vice-Chancellor, Prof Rahamon Bello, yesterday denied claims that the institution’s convocation, traditionally held in January, was postponed because of the controversy on the change of its name. Prof Bello told reporters in Lagos that the university’s convocation will hold from February 5 to 8. He said UNILAG did not meet the conditions stipulated by the Federal Ministry of Education, Abuja, for an approval to hold the convocation. The vice-chancellor explained that this resulted in the postponement. Prof Bello said: “Normally, UNILAG convocation holds midJanuary. There are conditions laid before you can go and announce your convocation. You must give adequate notice - a minimum of eight weeks; the speech for the Visitor must be ready; your certificates must be ready. Unfortunately this year, by the time we put our information to the Visitor for approval, we were short of time. We had not got the approval before we fixed a date.” A national daily (not The Nation) had reported that the convocation was postponed because President Goodluck Jonathan insisted that the university must adopt the new name (Moshood Abiola University of Lagos, MAULAG), a name he announced during his last Democracy Day address. The President’s decision was challenged by the alumni association of the university in the court of law which ruled that the status quo should remain until the Act establishing the university is amended.

Church opens new parish

HOUSANDS of church members of Motailatu Church Cherubim and Seraphim Worldwide will converge on Akute, Ogun State on Saturday February 2, 2013 to open the church’s new parish. A statement by the Chief Host, Senior Superintendent Dr. G.F Akinadewo, described the opening of the multi-million naira church – Restoration Parish – as ‘a manifestation of God’s miraculous work’. A storey building – St. B.A. Adekahunsi House – will also be

opened the same day on the church premises. The late St. Benjamin Akinadewo Adekahunsi, who died in 1979, was the Chairman of Spiritual Workers’ Union (Alaga Ojise Olorun) in the defunct Western Region and founder of Oke-Igbala Olu Cherubim and Seraphim Church. A three-day revival, tagged: ‘Breakdown to Breakthrough’ to herald the opening of the church starts tomorrow (Wednesday) and a thanksgiving service will hold on Sunday February 3.

PUBLIC NOTICE ADETAYO I, former known and addressed as MISS ADETAYO SAKIRATU now wishes to be known and addressed as MRS ADIO LYDIA IBIRONKE. All former documents remain valid. General public should take note.

PUBLIC NOTICE OMOROGBE I, FORMERLY KNOWN AS MR. OMOROGBE AMOS OGBEIDE WHICH TO BE KNOWN AND CALLED AS MR. OMOROGBE BRIGHT OGBEIDE. ALL FORMER DOCUMENTS REMAIN VALID. RICA MARINE NIGERIA LIMITED AND GENERAL PUBLIC SHOULD PLEASE TAKE NOTE.

CAVEAT EMPTOR

Notice is hereby given to the general public and the tenants at No 21, Afolabi Street, Oke-Odo Alimosho Local Government Area of Lagos State that the six number of three bedroom flats with pent house built on a land now known as No 21, Afolabi Street, Oke-Odo Alimosho Local Government Area of Lagos State more appropriately described in Survey Plan No. OLS/0291/ 2006/004/LA, dated March 6th, 2006 and prepared by SURVEYOR A. O. OREPITAN of 192 Ikorodu Road, Lagos now belong to MR. JOSEPH EMEKA ISEBOR, MISS PATRICIA UCHE ISEBOR, MR EKENE ISEBOR AND MR UZOMA ISEBOR being the children and beneficiaries of the estate of LATE MR. & MRS PAUL IFEANYI ISEBOR and same is not for sale. The beneficiaries confirm to the whole world that they have not endowed any one of their number with the right, power and or authority to sell the aforesaid property on behalf of others. The general public and the tenants are hereby warned to discountenance any offer, covert or overt to sell, assign, transfer, pledge, mortgage, let, underlet, or otherwise deal with aforesaid property or any interest in it or create any lien on the property. FOR FURTHER DETAILS: Please contact: MR. JOSEPH EMEKA ISEBOR C/O G. O. Bello & Co. Suite C161 Ikota Shopping Complex, VGC Lekki Lagos State. 01-4627454

THE NATION TUESDAY, JANUARY 29, 2013

NEWS EFCC rejects six-year jail term for ex-pension director Continued from page 8

Wada, Mrs. Veronica Ulonma Onyegbula and Sani Habila Zira. Kigo was the director of the Police Pension Office before he was made permanent secretary. “At today’s sitting, the prosecution sought the leave of the court for the accused persons to take fresh plea to an amended 20-count charge. “Another accused person, Christian Madubuike, was added to the charge even as the name of Mrs. Uzoma Cyril Attang was removed from the list of accused persons due to her absence in court. She will be arraigned at a later date. “All the accused pleaded not guilty to the amended charge, with the exception of Yusufu who pleaded guilty to counts 18, 19 and 20, paving the way for his conviction. “Count 19 of the charge reads: “That you John Yakubu Yusufu between 27th January, 2009 and 25th November 2009 at Abuja in the Abuja Division of the High Court of the Federal Capital Territory converted to your use certain

property, to wit: the sum of N1,364, 285, 419.95 (One billion, three hundred and sixty four million, two hundred and eighty five thousand, four hundred and nineteen naira and ninety five kobo) belonging to Police Pension Office domiciled in its account with First Bank of Nigeria Plc and you thereby committed an offence punishable under Section 309 of the Penal Code Act, Cap. 532, Laws of the Federal Capital Territory, Abuja , Nigeria , 2007.” “Before the ruling, defence counsel Theodore Bala Maiyaki pleaded with the court for leniency. “Maiyaki said: ‘My Lord, his conduct has shown respect for this honourable court, he has saved the time of my Lord and being a first offender, with no previous record of conviction, I urge the court to temper justice with mercy and sentence him with least possible terms.” “He said the convict has a serious heart condition and is the bread winner of not only his immediate family but of numerous others. “However, prosecution

counsel Rotimi Jacobs(SAN) reminded the court that Section 309 of the Criminal Procedure Code prescribes a maximum of 2 years imprisonment, a fine or both for the offence which the convict had pleaded guilty to. “He said “the court needs to send out the message that the era of stealing public funds with impunity is gone. Having regards to the amount and properties involved, the duty imposed on the convict, it would not be good to convict him without regards to assuaging the feelings of Nigerians especially the pensioners.” “Apart from the jail term, the former assistant director of Police Pension office is to forfeit 32 properties. Among the properties are two units of a 3 bedroom semi detached bungalow at R2, A and B, sunny homes, Dakwo District, Abuja; two units of three bedroom semi bungalow- detached at M24, A and B, sunny homes Dakwo homes, Dakwo District Abuja; four units of a three bedroom semi- detached bungalow, managed by Daniel at sunny homes, Dakwo District, Abu-

‘No more fighting...for now’ Continued from page 8

•EFCC chair Lamorde

ja; eight units of an Estates of two bedroom flats, at Gombe, GRA; one unit Semi-detached Duplex at house 21, 4th Avenue, Gwarinpa, Abuja; four units of a 2 bedroom semi - detached duplex at Bricks city, Kubwa road, Abuja and one unit of Semi- Detached Duplex, at 14B Democracy crescent, Gaduwa, Abuja. He also forfeits N325, 187, 867.18 ( Three Hundred and Twenty Five Million, One Hundred and Seven Thousand, Eight Hundred and Sixty Seven Thousand, Eighteen Kobo.

Pension fund boss bags two-year jail Continued from page 8

ments of legitimate pensioners,” Jacob told Justice Taiba. Pleading for leniency, the accused counsel, Mr. Maiyaki Theodore Bala, said: “By pleading guilty, the convict has shown respect to this court and have saved precious time of the court. The court will also find that he is a first time offender without any previous record of conviction, furthermore, he is the head of a family of four, a wife and three children, two of who are university students while one is a primary school pupil. These people depend on him for their sur-

vival and well being, including the payment of school fees. “It is also pertinent to note that he has a chronic heart condition, which has aggravated to a serious case of high blood pressure, a condition that requires frequent medical attention. His aged parents are still alive and due to old age, have attendant medical complications, which require regular medical attention and both depend on him to deal with these” He begged the court to temper justice with mercy. On the application for complete forfeiture of the assets

and properties confiscated from his client, Maiyaki said the anti-graft agency had taken all he laboured for. He urged the court to exercise the discretionary powers granted it under Section 309 of the Penal Code in favour of the convict and give him an option of fine so as to serve as incentive to the other accused persons to take the courage of coming forward to admit their guilt where one exists. Justice Talba noted that the accused is a first time offender and had also saved the time of the court by pleading guilty.

Although he noted that the court was minded to consider the plea for leniency and temper justice with mercy because the convict was remorseful, the trial Judge held that the court also has a duty to rid the country of corruption. He said Section 309 of the Penal Code under which the accused persons were charged provides for a twoyear jail term, with an option of fine or both. He sentenced Yusufu to 2 years imprisonment for each of the counts or N250,000 fine. The jail terms are to run concurrently.

ma on Media and Communication, Alhaji Isa Umar Gusau, said the governor had always insisted on dialogue with the group. He said: “Well, I am just hearing from you that they declared ceasefire, but you will agree with me that the issue is that of national security; I am not competent to speak on national security. We have a Security Council in Borno State. I am not a member of that council and, of course, you know that no governor will speak on such critical security issues. So, I cannot speak on the matter. “But what I know, which you can also confirm as journalists concerning the activities of the governor, is that from the day he became governor-elect, even before he was sworn in, he was the first to speak on the need for dialogue as the best way out. Governor Shettima has been very firm and consistent in his belief as he has regularly advocated that unless we want to engage in an endless war, the

best way out of the crisis is dialogue towards a peaceful resolution,” Gusau added. “I can confirm to you that Governor Shettima has consistently been exploring different ways to establish means of negotiation for a fruitful dialogue to end the challenges. Anytime someone is killed, be it a civilian, a security personnel or any member of the sect, Governor Shettima is deeply pained. He hates to hear that someone loses his life, no matter who that person is. He believes that the life of every Nigerian is worth preserving. It is the hope and prayer of Governor Shettima that not just peace, but indeed sustainable peace, is reclaimed in Borno and the rest of Nigeria in the quickest time because he knows like he says, that no society can thrive without peace.” It was gathered that the governor had two meetings with representatives of the sect and other major stakeholders and security agencies at the Government House in the last two weeks.

Lawyers: amend anti-corruption law Continued from page 8

the rot in our society, would have been enough punishment. “These days, convicts organise parties and thanksgiving services, so it appears the stigma that is associated with conviction is no longer there. Hence, the law must be fit for purpose.” Ubani said the penal code must be changed without delay as it ridicules the nation’s ‘fight against corruption”. “That law is not a deterrent to commission of offence. It influences corruption. It means people can steal as much as they want and be convicted for less than 18 months in prison or even pay a token and go home. “It is not encouraging at all, and if that is actually the provi-

sion of the law, that the punishment should be maximum of two years, the legislature should without delay, amend that law.” Mr Niyi Akintola (SAN) said: “I have not read the judgment, neither am I abreast with the facts of the case but I can say it depends on the section of the law under which he was charged. “If the provision of the law says a man should serve two years even if he stole trillions, then, the court is bound to obey the law. Former NBA President Mrs Priscilla Kuye said: “One thing is certain, the provisions of our laws on corruption have flaws and need urgent attention but I will comment after I have read the judgment.”

THE NATION TUESDAY JANUARY 29, 2013

NEWS NJC to publish report on judges’ performance By Joseph Jibueze

HE National Judicial Council (NJC) will publish a report on the performance of High Court judges across the country next month, it was learnt yesterday. It was gathered that the NJC set up a group of independent assessors to assess the judges’ activities in the last four years. A member of the panel, Prof. Epiphany Azinge (SAN), told reporters yesterday that the Nigerian Institute of Advanced Legal Studies (NIALS), where he is the Director-General, is doing a scientific analysis of the report. Azinge spoke after a meeting with the Lagos State Chief Judge, Justice Ayotunde Phillips, on how the institute can partner the state judiciary on training. He said: “There is a group of people nominated by the NJC to periodically assess the performance of judges. We have finalised our report on the evaluation of judicial performance in the last four years. “The report will impact on the quality of justice to be dispensed and Nigerians will decide whether the judiciary can be trusted or not. What we (NIALS) have done is to take the report from them and scrutinise it. “We have done a comprehensive scientific analysis of the report and will make it available to the judiciary in the next one month. It is open for everybody to see, but what we have not done is put the name of the judges there, so that we do not embarrass anybody. “But on paper, the public will get to know how well the judiciary has been working and if there is a little bit of indolence or lack of enthusiasm, it will be shown in the report.” Azinge said the institute will build the capacity of judges and enhance the quality of justice delivery. He said: “I feel the training of past judges like Chike Idigbe, Muhammed Uwais, the late Kayode Eso and Chukwudifu Oputa, among others, may not be the same as that of the people on the bench today. “With the greatest respect, our judges today still write impeccable, flawless judgments, but with the romance of merging philosophy with judicial reasoning and a lot of jurisprudence coming into play; preparing a judgment in such a way that a reader will be gripped as if he is reading a piece of book written by Wole Soyinka or Chinua Achebe is not there anymore.”

Imam killed during festival in Ogun •Youths set masquerader’s home ablaze

30-YEAR-old Imam, Mr. Lateef Amusa, has been killed during a festival in Abeokuta, the Ogun State capital. He was allegedly shot by masquerade worshippers in Ijaiye on Sunday. It was learnt that the late Amusa boarded a motorcycle and was going to OkeEjigbo when they ran into a procession of masquerade worshippers. Sources said worshippers flagged down the motorcyclist but the cleric told him not to stop. They said the worshippers blocked the way and an argument ensued. It was gathered that the cleric was shot several times by some of the worshippers. He died immediately. His body was later evacuated by the police. Amusa’s elder brother, Muftau, said: “I was relaxing with my friends on Sunday when somebody came to tell me that my younger brother had been killed by masquerade worshippers. I was told he met the masquerade wor-

Woman, grandson murdered

60-YEAR-OLD woman, Mrs. Amoke Musuru and her two-year-old grandson, Balqis, have been murdered at their home in Abeokuta, the Ogun State capital. Their remains were discovered yesterday in their one-room apartment at Ago-Oba. The injuries on their heads suggested that they might have been hit with an iron rod. Their beddings and the floor were stained with blood. The police released their remains to their family after a post-mortem . Police spokesman Olumuyiwa Adejobi said two suspects, who were arrested and questioned, have been released. The late Mrs. Musuru’s son, Saburi Moshood, said: “We arrived the family home without From Ernest Nwokolo, Abeokuta

shippers on his way to OkeEjigbo and they shot him during an argument.” Police spokesman Olumuyiwa Adejobi said four persons, including the masquerader, had been arrested. Adejobi said: “The de-

From Ernest Nwokolo, Abeokuta

knowledge of the killing and started suspecting that something was wrong from the way residents were greeting us. “We went to our mother’s room and found her lifeless body and that of her grandchild on the floor. When the police came, they discovered the iron rod that was used to kill them and took it away as exhibit. They also took the bodies away, but later released them to us. We have buried them. “What will we come here to do again? Our mother and her grandson were killed here. There is no reason to look back when we leave.”

ceased and two others were on a bike when they ran into the masquerade’s entourage. We understand that there was a heated argument between them. Investigation revealed that others in the masquerade’s camp abandoned the masquerade after one of them shot and killed Amusa. The

Commissioner of Police has ordered that all masquerade festivals be put on hold until further notice.” Yesterday, Muslim youths burnt the home of one of the masqueraders, Leyin Ponle. The Alake of Egbaland, Oba Michael Gbadebo has ordered a suspension of the masquerade festival.

Aregbesola hailed for recruiting 20,000 more •First batch of OYES cadets to graduate today From Adesoji Adeniyi, Osogbo

HE Action Congress of Nigeria (ACN) in Osun State has hailed the Governor Rauf Aregbesola administration for recruiting another batch of 20,000 youths into the Osun Youth Empowerment Scheme (OYES). The party said the governor’s effort would abolish poverty through employment generation. This puts the number of youths employed by the administration at 40,000. The first batch of graduantes of the scheme will today pass out at a ceremony, tagged: “Parade of Progress”, slated for the National Youth Service Corps (NYSC) Orientation Camp, Ede. In a statement by its Publicity Director, Mr. Kunle Oyatomi, ACN said the scheme has become a reference point for other states and countries. It said the initiative was a fulfilment of Aregbesola’s campaign promise to employ 20,000 youths within the first 100 days of his administration. The party said the height attained by Aregbesola within such a short time would be difficult for any of his contemporaries to attain. It said: “With this unbeatable record, Aregbesola has placed himself in the memorable book of history and will always be remembered for his good deeds. In the last two years, he has committed all resources to the growth of Osun. “The first batch of OYES cadets, who have completed their service, have been empowered by the state government to be self-employed and some have been incorporated into the state civil service. “They have made meaningful impact through their service to the state and we believe the new batch will make similar input to the society.” The party urged residents to continue to support the administration.

Oyo to prosecute tax defaulters

HE Oyo State Government has assembled a team of lawyers to prosecute tax offenders. Senior Special Assistant to the Governor on Taxation Femi Awakan spoke with reporters yesterday at the secretariat in Ibadan. He said the Board of Internal Revenue would prosecute tax offenders this year. Awakan said: “It is compulsory that every adult citizen pays taxes. These taxes and levies should be calculated as stipulated in the relevant tax laws, especially the Personal Income Tax Ac,t 2011.

From Tayo Johnson, Ibadan

“The board is ready to deal with tax defaulters, no matter their status in the society. The tax law stipulates that all employers of labour should deduct and remit the correct amount of tax from their employees’ salary at when due to the relevant tax authority, in this case the Oyo State Board of Internal Revenue.” He said failure to pay Personal Income Tax attracts a penalty of N500,000 fine for corporate bodies and N50,000 for individuals.

•Founder of the Uma Ukpai Evangelistic Association Rev. Uma Ukpai (left) greeting Rivers State Governor Chibuike Rotimi Amaechi. With them is the General Overseer of the Redeemed Christian Church of God (RCCG) Pastor Enoch Adeboye and Amaechi’s wife, Judith, at a special thanksgiving service to dedicate Rivers State to God in Port Harcourt...at the weekend.

Ondo panel will uphold truth, says CPC

HE Congress for Progressive Change (CPC) in Ondo State yesterday said it was confident that the Governorship Election Petition Tribunal would uphold the truth. It condemned the insinuation by the party’s National Publicity Secretary, Mr. Rotimi Fasakin, that all parties challenging the re-election of Governor Olusegun Mimiko were in court to pave the way for the Peoples Democratic Party (PDP), which came second in the election. In a statement by its candidate in the election, Prince Soji Ehinlanwo, CPC said Fasakin was ignorant of the new provisions of the Electoral Act. Last week, the CPC Caucus in the Southwest accused Fasakin of romancing Labour Party (LP) and passed a vote-of-no confidence in him. Ehinlawo said: “Fasakin brought up the idea of send-

Be hopeful, ACN urges supporters From Damisi Ojo, Akure

HE State Working Committee (SWC) of the Action Congress of Nigeria (ACN) in Ondo State yesterday deliberated on the party’s future. At a meeting at Ile-Oluji, the SWC appraised the party’s performance in last October’s governorship election and at the Election Petition Tribunal. It hailed the party’s candidate in the election, Mr. Rotimi Akeredolu (SAN), members and the ACN’s legal team for their doggedness in the pursuit of the case at the tribunal. In a statement by the ACN’s Publicity Secretary, Mr. Rotimi Agbede, the committee said it was happy with the “growing confidence and commitment of party members and the public” to its petition. It lamented the “ineptitude of the Labour Party (LP) administration” and urged the people to be patient. The committee commiserated with the family of the state leader of the ACN, Chief Wunmi Adegbonmire, who died recently. It urged party members to participate actively in activities lined up for his funeral, which will begin today with tributes. From Damisi Ojo, Akure

ing a congratulatory message to Mimiko after the election and we told him the CPC’s position was different.

“We told him we were still examining information from across the state, just like our collaborative partner - Action Congress of Nigeria (ACN) - was doing then. We could not understand his

anxiety to go to the press “I advised that it was politically illogical for a CPC national officer to support Mimiko because of his (Mimiko’s) rapport with President Goodluck Jonathan against General Muhammadu Buhari during the 2011 presidential election. “It is therefore irreconcilable to us that Fasakin is attempting to deceive the party to support MImiko, despite the governor’s avowed opposition to our party leader, Buhari, and the inconsistency this portends. “Appeals to Fasakin fell on deaf ears and he sent the congratulatory message. Not even my advice that his desperation could portray the party in a bad light and undermine its partnership with ACN dissuaded Fasakin from executing his plans.” Ehinlanwo said CPC would resist any plan to portray the party in a bad light and make it look as if it is working at cross purposes with ACN.

THE NATION TUESDAY, JANUARY 29, 2013

NEWS

Dickson seeks death sentence for kidnappers

One dead in palace fire A MAN, Monima George, was killed at the weekend in a fire at the home of the 105-year-old monarch of Rumuwoji community, Port Harcourt, John Dike. The late George was 61. Men of the State Fire Service ran out of water but firemen from the Nigerian Agip Oil Company (NAOC) put out the fire. Commissioner for Special Duties Dickson Omunakwe was on the scene coordinating

From Bisi Olaniyi, Port Harcourt

efforts to put out the fire and rescue residents. It was learnt that a nearby warehouse near the building was razed. A trader, who rented the warehouse, travelled last week to buy goods for his shop. Most of the items, particularly provisions, were stored in the warehouse. It was gathered that the late George had been ill for some

months and could not escape when the fire started. The monarch was hurriedly moved out of the house to an undisclosed place. Though the cause of the fire was yet to be ascertained, some errant youth leaders of Rumuwoji, who threatened the king at a peace meeting, were suspected to have been behind it. Police spokesman Ben Ugwuegbulam said: “ Serious investigation is ongoing.”

Traffic offenders to present tax evidence

OUGHER times await erring motorists in Port Harcourt, the Rivers State capital. A new traffic law requires offenders, whose vehicles are impounded, to present evidence of their tax payment before collecting their cars. The Comptroller, State Traffic Management Agency (TIMARIV), Nelson Jaja, said in Port Harcourt at the weekend that the tax evidence

From Rosemary Nwisi, Port Harcourt

would accompany proof of payment of various fines imposed on the vehicle, as well as the result of the driver’s psychiatric test. Jaja said: “In fact, part of the condition for releasing vehicles impounded by TIMARIV now is presentation of the driver’s evidence of tax payment. That is the directive from Governor Rotimi Amaechi.”

Bayelsa council boss’ parents kidnapped

UNMEN on Sunday kidnapped the parents of Ogbia Local Government Chairman, Richard Ibegu, at Oloibiri, Bayelsa State. Fetus and Ebiye Ibegu were abducted around 9:20pm by three gunmen, who shot sporadically to scare away residents. They invaded the area with a speed boat and took away their victims through the Oloibiri creeks. The incident came barely a week after the mother of the Speaker of the House of Assem-

bly, Madam Betinah Benson, was released by kidnappers. Kidnapping in the state, which has become a source of worry to the government, has been blamed on disgruntled politicians. The kidnap of the duo, which some community sources attributed to politics, is raising tension in Oloibiri community. A community source, who pleaded anonymity, said the gunmen might have kidnapped the victims to extort money from their son.

•Dickson

AYELSA State Governor Seriake Dickson has prescribed death penalty for kidnappers. A bill, which will back the governor’s stand, will be

forwarded to the State House of Assembly for passage into law. The House of Assembly last year passed into law, a Bill prohibiting secret cults, kidnapping and related vices. Dickson spoke at the swearing in of members of the Judicial Commission of Inquiry on Agbere communal crisis, held at the Government House, Yenagoa. He said he would not hesitate to sign the death warrant of kidnappers or those attempting to commit the crime. “We have made it very clear that wherever there is

any breach of the peace and breakdown of law and order, this government will use all its resources and authority to ensure that the right thing is done and people are brought to book,”the Governor warned. He threatened that any traditional ruler caught aiding and abetting kidnapping and other related vices would be dealt with. The Commission has Justice Ebiyerin Omukoro as Chairman and Diepreye Omubo as the secretary. Other members are Henry Apeli, Emienbo Assayomo and Brown Ekwuoba.

Crisis rocks Bayelsa PDP

HERE is a crisis in the Peoples Democratic Party (PDP) in Bayelsa

State, following a face- off between three council chairmen and the party leadership. The chairmen are allegedly engaing in anti-party activites. The party leadership yesterday at a briefing alleged that the chairmen are undermining the party’s authority. Addressing reporters at the party secretariat in Yenagoa,

the Chairman, Sam Inokoba , lamented that the action of the chairmen was causing disharmony within the party. Inokoba said: “Democracy thrives on regular consultation among the arms of government and stakeholders. “As we address you here today, the issue of appointment of vice chairmen, which is supposed to be done in consultation with the leadership and stakeholders of the party, has remained unattended to or

unaddressed. “This is because the chairmen have arrogated powers to themselves, jettisoned democratic principles and created a state of insecurity in their councils. “The legislative arms and the chairmen are at loggerheads because of the failure of the chairmen to respect the rule of law .” The chairman urged the chairmen to retrace their steps.

FOREIGN NEWS AU backs Mali mission with $50m

Four arrested for Brazil night club fire

RAZILIAN police have arrested four people in connection with a fire at a nightclub that killed 231 people in the southern city of Santa Maria on Sunday. A co-owner of the Kiss nightclub handed himself in to police yesterday afternoon for questioning. Earlier, police held another owner of the club, a member of the band Gurizada Fandangueira, and its security chief. More than 50 of the victims were buried yesterday. Brazil has declared three days of national mourning. The country’s deadliest fire in five decades reportedly started after a member of Gurizada Fandangueira, which was performing at the venue, lit a flare on stage. Officials are also investigating claims that many of those who died were unable to escape as only one emergency exit was available. The BBC’s Gary Duffy reports from Sao Paulo that the national sense of loss is profound. Most of the victims were students who died of smoke inhalation. The government postponed a ceremony scheduled for yesterday in the capital,

Brasilia, to mark 500 days to the 2014 football World Cup. In Santa Maria, 30 days of mourning were declared. President Dilma Rousseff, who cut short a visit to Chile, has been visiting survivors at the city’s Caridade hospital along with government ministers. “It is a tragedy for all of us,” she said. Authorities released the

names of the victims, after revising down the death toll from 245. More than 100 people were being treated in hospital, mostly for smoke inhalation. The fire broke out as students from the Federal University of Santa Maria (UFSM) were holding a freshers’ ball, the Diario de Santa Maria, a local newspaper, reported. A local journalist, Marcelo

Gonzatto, told the BBC that the flare had “started a huge and fast fire that grew quickly and made a very dark and heavy smoke”. “Lots of people couldn’t get out and died mainly because of the smoke not the fire,” he said. Witnesses spoke of scenes of panic after the fire started, and a stampede as people tried to escape.

Dutch queen to abdicate throne

UEEN Beatrix of the Netherlands has announced she is abdicating in favour of her son, Prince Willem-Alexander. In a pre-recorded address broadcast on TV, she said she would formally stand down on 30 April. The queen, who is approaching her 75th birthday, said she had been thinking about this moment for several years and that now was “the moment to lay down my crown”. Queen Beatrix has been head of state since 1980, when her mother abdicated. In the short televised statement, the queen said it was time for the throne to be held by “a new generation”, adding that her son was ready to be king. Prince Willem-Alexander, 45, is married to Maxima Zorreguieta, a former investment banker from Argentina, and has three young children. He is a trained pilot and an expert in water

management. He will become the Netherlands’ first king since Willem III, who died in 1890. Speaking on television immediately after the abdication announcement, Dutch Prime Minister Mark Rutte paid tribute to the queen. “Since her coronation... she has applied herself heart and soul for Dutch society,” he said. Queen Beatrix is the sixth monarch from the House of Orange-Nassau, which has ruled the Netherlands since the early 19th Century. Correspondents say she is extremely popular with most Dutch people, but her abdication was widely expected and will not provoke a constitutional crisis. Under Dutch law, the monarch has few powers and the role is considered ceremonial. In recent decades it has become the tradition for the monarch to abdicate.

India rape suspect is a minor, says court COURT in India has ruled that one of the six people accused of the gang rape and murder of a 23-year-old woman in Delhi last month is a minor. The Juvenile Justice Board said it accepted the accused’s date of birth as 4 June 1995, making him 17 years old. He will be tried in a juvenile court. If convicted, he faces a maximum of three years in a reform facility. Five other suspects have gone on trial at a specially convened fast-track court and face the death penalty. The case has shocked India and sparked a debate about its

treatment of women. The victim, a physiotherapy student who cannot be named in India for legal reasons, and a male friend were attacked on a bus on 16 December. Police said the assailants beat both of them, and then raped the woman. She suffered massive internal injuries and died nearly two weeks later. On Monday, the Juvenile Justice Board accepted the elementary school records of the suspect as proof of his age, the AFP news agency quoted a lawyer who was present in the court as saying.

•Dessalegn Continued from Page 1 This was disclosed by the AU Chairman, Mr. Hailemariam Dessalegn while giving highlights of the decisions made at the just concluded 20th AU Summit held in Addis Ababa, Ethiopia. According to him, the AU decided to celebrate the 50th anniversary of the establishment of the continental body on 25th of May, this year in Addis Ababa by highlighting the ideals of Pan-Africanism and African Renaissance. He said: “The state of peace and security in our continent is one of the issues we have discussed extensively. While we have noted the progress made in our collective determination to prevent, mange and resolve conflicts, we remain deeply concerned with the resurgence of conflicts in some of our member states including Mali, Central African Republic and the Democratic Republic of Congo. “Particularly, we have expressed our deep concern about the situation in Mali and the continuing deterioration of the humanitarian situation in the Northern part of the country. In this regard, we have reaffirmed our solidarity with Mali and made a firm commitment to

pool our efforts together to assist this sisterly country. “Therefore, we have decided to contribute funds for the African-led International Support Mission in Mali (AFISMA) to the tune of 50 million US Dollars. The pledging conference on Mali scheduled to take place tomorrow will be a very good opportunity to mobilize the necessary resources for AFISMA and the Malian Defense and Security.” He stated He also harped on the need to enhance its capacity to rapidly respond to the emergence of conflicts including the full operationalization of the African Standby Force as envisaged in the relevant provisions of the Constitutive Act and Protocol relating to the establishment of the Peace and Security Council. The Union, he said, has set up a Committee of African Heads of state and Government under the leadership of President of Liberia, Helen Sirleaf to enable African to speak with one voice on global discussion to chart the post 2015 development agenda. He also said that the Union adopted the statutes of PanAfrican University which became operational last year; elected two members of the African Union Commission, five members of the peace and security council, one judge of the African court on Human and peoples’ rights, five members of African commission on international and eleven members of the advisory board on corruption.

THE NATION TUESDAY, JANUARY 29, 2013

NEWS ‘Cultists’ kill student at Kwara Poly matriculation

Bauchi primary school teachers suspend strike From Austine Tsenzughul, Bauchi

HE Bauchi State chapter of the Nigerian Union of Teachers (NUT) yesterday urged its members to suspend the indefinite strike they started on January 7. The NUT said it was for interest of the pupils and for the development of education in the state. In a statement by the NUT Chairman Modi Muhammad Kawu and Secretary Musa G. Ali, the union said the teachers were directed to report to their schools yesterday for academic activities. The teachers had refused to resume work on January 7 following a disagreement between them and the State Universal Basic Education Board (SUBEB). The board had planned to sack over 5,000 teachers for allegedly not having the requisite advised such teachers go for retraining.

From Adekunle Jimoh, Ilorin

Al-Makura sacks Exco, SSG From Johnny Danjuma, Lafia

ASARAWA State Governor Umaru Tanko Almakura yesterday dissolved the State Executive Council (Exco). The dissolution followed an emergency council meeting presided over by the governor in Lafia, the state capital. A statement by the Chief Press Secretary to the Governor, Iliyasun Ali Yakubu, confirmed the dissolution. It added that those affected include the special advisers as well as the secretary to the State Government (SSG). The statement said Al-Makura has directed those affected to handover to their permanent secretaries. “Accordingly, the governor thanked the commissioners, special advisers and the Secretary to the State Government for their immeasurable contributions to the development of the state during their period of service,” the statement said. It wished the affected officials well in their future undertakings.

ANA lays foundation for Abuja writers’ village By Evelyn Osagie

EMBERS of the Association of Nigerian Authors (ANA), led by its executives, have gathered for a historic foundation-laying ceremony of its proposed Writers’ Village at Mpape, Abuja. The ceremony is in collaboration with a construction firm, KMVL Koliy Ventures Limited. The village had been a long-term dream of writers within and outside the country, it was gathered. ANA Vice-President Denja Abdullahi said the event was historic for all writers. The land was reportedly given to the association 23 years ago by the late Maj.-Gen. Mamman Jiya Vatsa, the then Minister of the Federal Capital Territory (FCT), who was also a writer. Although the land has reduced to about 36 hectares, it was said to be over 60 hectares when it was initially given to ANA. It was learnt that the land reduced following several legal battles over its ownership.

Kogi commissioner, council chief charged with criminal conspiracy From Muhammad Bashir, Lokoja

OGI State Commissioner for Commerce and Industry, Ali Ajuh, the Liaison Officer 1 of Omala Local Government, Aminu Atabor, as well as another resident, Omale Sermon, have been arraigned before a Chief Magistrate’s Court for alleged criminal conspiracy, disturbing public peace and attempted culpable homicide. They were also charged with inciting disturbance, failure to give notice or information, negligent conduct and causing death and hurt. The accused were alleged to have used thugs to cause mayhem at Abejukolo, Omala Local Government, during a prayer for former Governor Ibrahim Idris. The prosecutor, Otowu Gabriel, told the court that on January 26, the police commissioner received information that Atabor and Ajuh conspired with thugs, who were armed with guns, clubs and cutlasses, to unleash mayhem at Omala in an attempt to kill people at the event. Gabriel alleged that the thugs blocked Abejukolo-Anyigba Road, destroyed two cars, injured several persons and also stole N200,000 and other property. He added that Atabor and Ajuh had prior knowledge of the attack but refused to inform the police. According to him, they also refused to produce their thugs who allegedly caused the mayhem. Gabriel said a pump action gun, 28 live cartridges, a pistol magazine with six live ammunition, clubs and cutlasses were recovered from the accused. The accused denied the charges. Their counsel, Okechukwu Moses Ewerem, urged the court to grant them bail because they are the state’s public officers in the state who would not jump bail, if they are granted. The prosecutor did not object to the bail application but left it to the discretion of the court. He asked for a date when the matter would be further mentioned. Presiding Magistrate Levi Nda Animoku granted the accused bail in N200,000 with a surety each in like sum. He said the surety must be a civil servant of not below Grade Level 14 and adjourned the matter till February 14, for hearing.

•Bayelsa State Governor Seriake Dickson and his wife, Rachael, cutting his 47th birthday cake at the Government House in Yenagoa...yesterday.

USPECTED cultists at the weekend killed a student of Kwara State Polytechnic, Ilorin, during the school’s 2012/2013 matriculation ceremony. An eyewitness said the incident occurred in front of the Institute of Basic and Applied Sciences (IBAS). Some students were said to have gathered in front of the institute for a get-together with new students. It was learnt that the suspected cultists suddenly appeared from the crowd and shot at their victims. This led to the death of the student; others were said to have escaped with bullet wounds. It was gathered that the assailants left the scene with the body of their victim. The sounds of gunshots caused a stampede on the campus. In the melee, some students sustained injuries. The Rector, Alhaji Mas’ud Elelu, during the matriculation ceremony, warned the new students to shun any acts that could jeopardise their future. He noted that belonging to unauthorised associations on campus could lead to severe punishment for students. About 7,000 students matriculated on the occasion.

Police deny detaining Offa council chair

HE Kwara State Police Command yesterday denied detaining the Chairman of Offa Local Government, Prince Saheed Popoola. A local tabloid owned by Senator Bukola Saraki, National Pilot, yesterday said in its lead story that “Offa council chair surrenders to police”. The paper also reported that counsel to the council chief, H. O. Buhari, represented him at the police Criminal Investigation Department (CID). Some groups had written two petitions to the police command, accusing Popoola of allegedly diverting the council’s funds for last year’s

From Adekunle Jimoh, Ilorin

Hajj. But Popoola denied the allegation. Speaking with The Nation, police spokesperson Olufemi Fabode said: “Some people petitioned the police commissioner, alleging that the council chairman diverted the funds released by the state government for the 2012 Hajj. “Immediately, Police Commissioner Chinwike Asadu directed the state Criminal Investigations Department (CID) to investigate the matter. In doing so, he (Popoola) needs to be invited to this place. The other parties that wrote the petitions

have equally been asked to come and put down their evidence. It is the evidence the police will use. If the man is found wanting, he will definitely be prosecuted. But for now, the state CID is still investigating the case. “There was never a time he was detained here. He was invited based on the allegation made against him and it is the duty of the police to investigate whatever allegation that is put against anybody. “If we are able to lay our hands on some incriminating facts against him, it is the duty of the police to arrest such a person and charge him or her to court. The other parties have been coming. Investiga-

tion is still ongoing. It is in the course of the investigation that we will be able to know who is culpable.” The petitioners alleged that the only Action Congress of Nigeria (ACN) chairman in Kwara State “diverted N8 million to pay the furniture allowance of the executive arm of the council and did away with the balance of N3.4 million. “The Kwara State Government, in September, 2012, allocated 25 slots of Hajj to Offa Local Government for distribution to the Muslims in the community but only a single slot was given to the council’s Director, Personnel Management.”

Robbers kill AIT worker in Bauchi

USPECTED armed robbers yesterday killed a security man with the African Independent Television (AIT)/Raypower, Mallam Idris Yusuf, at Trwum on the outskirts of Bauchi, the state capital. Yusuf was said to have met the robbers at Trwum after closing from work at 11pm. The hoodlums, who were said to have asked Yusuf for some petrol for their car, reportedly shot him in the stomach abdomen, when he refused. The robbers were reportedly being trailed by the owner of the stolen car. The owner was said to have raised the alarm when he heard the robbers arguing with Yusuf. The Nation learnt the robbers were about to run away when Yusuf grabbed one of them,

From Austine Tsenzughul, Bauchi

apparently oblivious that another of the hoodlums had a gun. Yusuf was reportedly taken to the Abubakar Tafawa Balewa Teaching Hospital (ATBTH), Bauchi, where he died. AIT/Raypower Head of Station Mr Terverr Tyav con-

firmed the incident. The late Yusuf has been buried according to Islamic rites. Tyav, who was in a pensive mood at the hospital, described the deceased as a good Samaritan who wanted to buy the fuel without knowing he was speaking with robbers. AIT cameraman Mr. Sam Itodo told The Nation that the

death of Mallam Idris was unfortunately. He said the late security man was the only man and bread winner of his family. Police spokesman Abass Abdullahi Abubakar declined to comment on the incident. His deputy, Hassan Mohammed Auyo, said: “We are not aware of any death at AIT, please.”

Herdsmen’s death: Police restore calm in Benue

ENUE State Police Commissioner Christopher Katso yesterday said nor malcy has been restored in Otukpo-Icho following the killing of three Fulani herdsmen by unknown persons. Addressing reporters in Makurdi, the state capital, Katso said he had deployed security agents in the affected areas. The police chief said the situation is under control while investigations have begun into the killing. He promised that the perpetrators of the

crime would soon be arrested. Katso said though no one had been arrested on the killing, investigations may soon lead the police apprehend the perpetrators and bring them to justice. The police chief hailed the chairman of Otukpo Local Government, Dr Innocent Onu, for his prompt response to the incident and donation of materials to those displaced during the crisis that followed the killing. He added that besides the slain three Fulani, the attackers also slaughtered eight

THE NATION TUESSDAY, JANUARY 29, 2013

SPORT EXTRA

Clinical Ghana hit AFCON G quarter final HANA confirmed their status as one of the favourites for the 2013 Africa Cup of Nations by cruising into the last eight with a convincing 3-0 win over Niger at the Nelson Mandela Bay Stadium on Monday night. The result saw the Black Stars claim top spot in Group B and set up a quarterfinal meeting with debutants Cape Verde, who were the surprise qualifiers from Group A alongside hosts South Africa. Ghana got off to a flying start and opened the scoring as early as the sixth minute. Albert Adomah picked out Asamoah Gyan from the right flank and the Black Stars striker buried a low shot into the back of the net to make it 1-0. Three minutes later Niger thought they had levelled the scores through Issiaka Koudize, who took advantage of a loose ball in the penalty area from a corner kick, but Moussa Maazou was harshly adjudged to have fouled goalkeeper Fatau Dauda. Gyan, a notable striker of the dead ball, had a chance to double Ghana’s lead midway through the first half from a free kick, but his curling effort was comfortably handled by Niger’s Daouda Kassaly. Yet just a minute later youngster Chris Atsu marked his first start of the tournament with a well-taken goal, chesting down a Gyan cross before stabbing the ball into the corner to make it 2-0 and put the Black Stars on course

for an easy three points. A couple of minutes before the break, Kassaly was called upon to make a sharp save at his near post from a low shot by Emmanuel AgyemangBadu. The halftime whistle

saw Ghana 2-0 up and well in control of the match. It took the four-time AFCON champions just four minutes of the second half to make the score 3-0. Gyan was again at the heart of the goal, heading

on target from a free kick – Kassaly couldn’t hold the ball and defender John Boye swept it home from close range. Niger reacted well to the third goal and proceeded to create several scoring chances of their own, but they were unable to really test Dauda. His only notable action was a comfortable save to keep out a free kick from Niger substitute Boubacar Issoufou.

Tit bits from South Africa From Innocent Amomoh, Taofeek Babalola and Razaq Oboirien, South Africa

THE unending journey to Nelspruit We hit Johannesburg at exactly 2pm South African time and immediately proceeded to Nelspruit where the Eagles are camped for the Nations Cup. We asked those around how long the journey would take and were told two hours. Little did we know that we were embarking on an almost neverending trip to Nelspruit. The two hours turned out to be ‘African timing’ as the journey didn’t come to an end until almost five hours later. To make matters worse, we couldn't settle into a hotel until the next day as they were all fully booked.

AFCON slows down business in Johannesburg

Business pace has become relatively slow in Johannesburg despite the fact that South Africa is hosting the 2013 edition of the Nations Cup. Interestingly, residents of Jo’burg have traced the nosedive in their business fortunes to the fact that the city was not chosen to host any of the group matches of the competition. "The focus has shifted to the cities hosting the group matches. Naturally, all activities have moved to these cities to the detriment of Jo’burg. After the opening ceremony, business has been slow in Johannesburg," said ‘Jeffrey’ the taxi driver who took us from the airport.

Keshi, Yobo’s harsh words for a Nigerian journalist

A war of words ensued at Monday’s pre-match press briefing which had Super Eagles coach, Stephen Keshi and Joseph Yobo in attendance. The Ethiopians had had their tension-free session earlier, but when it got to the turn of Nigeria, tempers boiled over when a question was posed by a Nigerian journalist Samuel Ahmadu. “Is Yobo not playing regularly because he is probably ageing or injured? asked Ahmadu. “Nigerians want to know his fitness level.” This question seemed to have not gone down well with Keshi and his captain as they both responded in harsh tones that almost created a scene. It took the intervention of the CAF Cordinator to quell the tension by asking for other questions.

The fear of 12, 000 crocodiles...

A report that made the headlines recently in South Africa that over 12,000 crocodiles had escaped from a South African farm is causing panic among journalists covering the ongoing Nations Cup. The journalists, especially those from Nigeria, now avoid isolated areas and prefer to move in groups. The slogan now among Nigerian journalists is, "The fear of crocodiles, is the beggining of wisdom".

South Africa, where trekking is a way of life

•Asamoah Gyan of Ghana challenged by Karim Lancina and Boubacar Talatou of Niger during the 2013 Orange African Cup of Nations match between Niger and Ghana

If there's anything the South Africans are known for, it is travelling long distances on foot - or ‘trekking’ as we say in local parlance. It appears to be a way of life for many South Africans. Unlike in Nigeria, buses here are called taxis while traffic lights are refferred to as ‘Robots.’ To ease their mobility most South Africans however own personal cars which are bought on hire purchase terms. But when your income is not enought to service the debt, the option is to adopt a much more pocket friendly option - trekking.

TODAY IN THE NATION

TUESDAY, JANUARY 29, 2013 TRUTH IN DEFENCE OF FREEDOM

VOL. 8 NO.2,386

‘Jonathan is more interested in smashing his selfconceived agent provocateurs who allowed “penetration” into the sorry college than he is in fixing the mess’ OLAKUNLE ABIMBOLA

COMMENT & DEB ATE EBA

VEN by Nigeria’s standards, few events have evoked as much shame as the decrepitude at the Police College, Ikeja,recently unmasked by Channels Television under the dynamic leadership of our former student, John Momoh. But early official reactions came close. After seeing with his own eyes the decay that has overtaken the facilities and the degradation that is the lot of the students at the College, a discomfited President Goodluck Jonathan reportedly turned to one of its senior officers and demanded to know how the media “penetrated” the place. He went on to gripe about how the disclosures had given his Administration a bad image. It certainly did not enhance the Administration’s image any more than Dr Jonathan’s recent CNN interview with Christiane Amanpour did. By its serial failures on a broad front, by its actions and even its inaction, the Administration has given itself an image so unflattering that its most resourceful adversary will have to work exceedingly hard to make it less appealing. As regards “penetration,” it is as if the college was a fortress, a depository of classified state secrets that must be kept off-limits to prowling journalists and other “spoilers.” It made no difference that its huge compound was often rented out for owambe carousals to just anyone who can pay, which may well include the drug barons and Four-OneNiners the police should have put out of business long ago. The college and the sprawling barracks in which it is located were, pardon the cliché, hiding in plain sight. From the road leading from Maryland to the domestic airport, one of the busiest in the nation, you could see a row of residential quarters with peeling paint and broken light fixtures and nondescript washing hung out to dryand all manner of junk piled high on many of the balconies. If this was the face of the barracks fit for public viewing, it was not hard to imagine the decrepitude within. Nor is the rot limited to the Police College in Ikeja. It hits you between the eyes in Ijeh especially, with police barracks in Idi Oro, alongWestern Avenue, at Sabo and Pedro just a shade less decrepit. The Falomo Barracks that used to be something of an exception has now been turned into a seedy market spilling over into the streets, with no consideration for security. For sheer hideousness, however, the police barracks at Ijeh has got to be the frontrunner. By some accounts, when Police Affairs Minister, retired Navy Captain Caleb Olubolade paid an official visit to the barracks early in October 2011, he got an earful of pathetic stories of misery arising from the dilapidated conditions of the housing facilities from the traumatised wives of the residents. No running water. No electricity. No toilet facilities. Threat of flooding, with the risk of being attacked by reptiles. No remedial action followed. In the face of the latest disclosures, Olubolade has taken a leaf from the repertory of Ms Deziani Alison-Madueke,the beleaguered but untouchableMinister of Petro-

RIPPLES JONATHAN MEDIATES IN SUDAN, SOUTH SUDAN RIFT -News

That’s good... CHARITY BEGINS ABROAD

OLATUNJI DARE

AT HOME ABROAD olatunji.dare@thenationonlineng.net

The shame of our police barracks

•Minister of Police Affairs Caleb Olubolade

leum Resources,an institution mired irretrievably in syndicated sleaze. He hurriedly empanelled a commission to inquire into how funds earmarked for police colleges over the years were spent, apparently in a pre-emptive bid to absolve himself. The panel, which has just one week to submit its findings, is made up almost entirely of officials of the Ministry and the police establishment. It includes no independent outsiders. This is hardly the most reassuring way of getting at the truth, but there you have it. Practically every Nigerian motorist has a story about being shaken down by the po-

lice. The process could be benign, such as when they call you by some flattering designation or ask after your family. My friend and former colleague Sully Abu once told me of how an armed policeman emerged literally from nowhere and frantically flagged him down at an unmarked check point. Abu stopped, and the policeman ran up to the car. Abu wound down his car window, brought out his vehicle identification papers from the glove box and handed them to the policeman, wordlessly daring him to find anything amiss. The policeman shook his head, like a person who had been grossly misunderstood. “No be for this I stop you, now,” he said. “I just want to wish Oga merry Christmas.” Abu rewarded the policeman’s solicitude with a N50 note. It sent him into a rhapsody. Sometimes, the solicitation could be brazen, such as when the policeman lapses into a prolonged yawn and tells you he has not eaten all day, or when he says he needs money to buy batteries for his flashlight. The policeman – for it is usually the men who operate in this manner — may well be telling the truth. It is no longer a secret that policemen and policewomen have to pay a bribe to get their equipage and other statutory entitlements. They probably paid a bribe

HARDBALL

to be recruited in the first place,to be promoted, and thereafter to enjoy the benefits commensurate with their new ranks. Nor is it anymore a secret that they are assigned to or retained on “lucrative” beats on the strict understanding that they will deliver appropriate returns to their superior officers. Can they reasonably be expected, then, to be more upstanding than the institution that recruited them, trained them, and nurtured them? The rot goes a long way back, to be sure, and the degree of Olubolade ‘s culpability will have to be measured only from the time he was appointed Minister; A long line of former ministers and inspectors-general and chairpersons of the Police Service Commission will have to be summoned to render an accounting. It is time, too, to reopen the case of the Police Equipment Fund, for which one-time presidential brother-in-law Kenny Martins and his associates harvestedN300 billion from compulsory deductions from local government funds and from other sources. Of this haul, N200 million was squandered on an Arabian Night feast. The balance went for the most part to serve dubious causes, or disappeared without trace. I take that back. Some of it went toward creating the illusion of accountability. A helicopter that was presented as a glittering purchase from the Fund and flown around Lagos briefly, to the delight of the police high command who thought they had acquired a strategic asset for fighting crime, found its way back several days later to the Ukraine – or was it Kazakhstan or Kyrgyzstan — from which it had been rented for display. Finally, it is time to proceed with greater resolve to recover the N42 billion-Police Pension Fund that was looted by its custodians and their confederates in high places. It would be cruelty most unspeakable if the policemen and policewomen who have suffered so much abuse and degradation during their years of service to find on retiring that they had been swindled right to the end. •For comments, send SMS to 08082036515

•Hardball is not the opinion of the columnist featured above

Maku lectures Ezekwesili on brickbats

FEW days ago, a former World Bank vice president (African Region) and also onetime Education minister, Dr Obiageli Ezekwesili, knowingly decided to step on the tail of an adder. While delivering the convocation lecture of the University of Nigeria, Nsukka (UNN), she blamed the late Umaru Yar’Adua government and the present Dr Goodluck Jonathan administration for squandering about $67 billion or N10.619 trillion left in the national coffers by the Chief Olusegun Obasanjo presidency. She was truly unsparing in her assessment of the two administrations’ financial prudence. Said she: “They squandered the significant sum of $45billion in foreign reserve account and another $22billion in Excess Crude Account, being direct savings from increased earnings from oil that the Obasanjo administration handed over to the successor government in 2007… Six years after the administration I served handed over such humongous national wealth to another one, most Nigerians, but especially the poor, continue to suffer the effects of failing public health and education systems as well as decrepit infrastructure and battered institutions.” Not one to leave bad enough alone, Ezekwesili continued even more forcefully: “One cannot but ask what exactly does this level of brazen misappropriation of public resources symbolise? Where did all that money go? Where is the accountability for the use of these resources and the additional several hundred million dollars realised from oil sale by the two administrations that have governed our nation in the last five years? How were these resources applied or more

appropriately misapplied? Tragic choices.” Well, the adder struck back almost instantaneously on Sunday through a press conference addressed by the Information minister, Mr labaran Maku, who was flanked by the Senior Special Assistant on Public Affairs, Dr. Doyin Okupe; Economic Adviser, Prof. Nwanze Okedigbo; and Special Adviser on Performance Monitoring, Prof. Sylvester Monye. (By the way, the revenge mission would have been more colourfully undertaken by Dr Okupe directly, with or without assistance, for that is his forte). But since the position of chief traducer was conceded to Maku, how did he perform? According to the minister, “The statement by the former World Bank vice president that the governments of Presidents Musa Yar’adua and Goodluck Jonathan have squandered $67 billion (including $45 billion in foreign reserve and $22 billion in the Excess Crude Account) left by the Obasanjo Administration at the end of May 2007 is factually incorrect.” And he continued: “At the end of May 2007, Nigeria’s gross reserves stood at $43.13 billion – comprising the CBN’s external reserves of $31.5 billion, $9.43 billion in the Excess Crude Account, and $2.18 billion in the Federal Government’s savings. These figures can be independently verified from the CBN’s records. The figure of $67 billion alleged in her statement is therefore clearly fictitious.” But this was as far as civility would carry the vengeful quartet. Soon they would soar to incredible level of cynical dismissiveness. Said the clearly incensed Maku: “We also found Mrs. Ezekwesili’s interrogation of the educational system somewhat disingenuous and borderline hypocritical. During her tenure as Minis-

ter of Education between 2006 and 2007, she collected total sum of N352.3 billion from direct budgetary releases. In addition, she received about N65.8 billion under the Universal Basic Education Commission (UBEC) Fund, and over N40 billion from the Education Trust Fund (ETF) during her time as Minister of Education. In view of these humongous allocations, few legitimate questions arise. What did she do with all these allocations? What impact did it have on the education sector? One wonders if our educational system would have been better today if these allocations were properly applied.” Oh, so, it must be tit for tat. Ezekwesili had questioned what the Yar’Adua and Jonathan governments did with the ‘humongous’ foreign reserve left by Obasanjo; and in turn Maku and his men are now questioning what the former Education minister did with the ‘humongous’ allocation to the education sector under her watch. Hardball is not in a position to determine what Dr. Wale Babalakin did or didn’t do with former Delta State governor, Chief James Onanafe (the same Onanafe) Ibori, for the case is still in court. But it is interesting that when he had disagreement with the government on the Lagos-Ibadan Expressway concession, it was time for the government to take him to the EFCC showers. Had Ezekwesili considered the delicate temperament of the Jonathan government, especially its bilious intolerance of dissent, she would have measured her criticism of its profligacy. Now that she is even challenging Maku and other government champions to a public debate, a gauntlet the voluble duo will not take up, let her beware of the acrid smell of vengeance wafting in the air as the empire strikes back.

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