Tuesday 22nd March 2016 by THISDAY Newspapers Ltd

TUESDAY MARCH 22, 2016 T H I S D AY

T H I S D AY TUESDAY MARCH 22, 2016

TUESDAY MARCH 22, 2016 T H I S D AY

T H I S D AY TUESDAY MARCH 22, 2016

T H I S D AY • TUESDAY, MARCH 22, 2016

NEWS

Ese Oruru: Rights Activists Kick as Yunusa Gets Bail

Emmanuel Addeh in Yenagoa

Temporary relief came the way of embattled Yunusa Dahiru, accused of forcibly marrying and sexually exploiting 14-year-old Ese Oruru, as the Federal High Court sitting in Yenagoa, Bayelsa State, granted the prayers of his defence team, requesting bail for the Kano-born suspect. But there was a mild drama when some child rights organisations, which witnessed the court session, vehemently expressed dissatisfaction over the poor handling of the case by the prosecution team and the Bayelsa State Government. They described the lack of commitment to diligent prosecution of the case as unfortunate. While granting the application for bail, Justice H.A Ngajiwa, who heads the court, ruled that the offence including charges of abduction, illicit sex and unlawful carnal knowledge were bailable in law. However, the judge asked the suspect to provide N3 million, two sureties resident within the court’s jurisdiction and write an undertaking that he would not jump bail and would be available whenever the court demands his appearance. One of the sureties, Ngajiwa ruled, must be a renowned

title holder and a public servant on grade level 12 who must provide first appointment and promotion letters, adding that the sureties must provide their tax clearance certificates. The five-man team of lawyers led by Mr. Kayode Olaosebikan had earlier in a seven-page application, deposed to by the defendant, argued that Yunusa was entitled to bail. Justice Ngajiwa upheld the argument by Yunusa’s defence team that the accused person is innocent until proven guilty and that Yunusa had no record of previous criminal behaviour. While throwing out the prosecution’s position that the suspect would jump bail, since he was not resident in the state, the judge noted that, that line of argument was largely defective. The judge cited Sections 158 and 162 of the Administration of the Criminal Justice Act (ACJA) and Section 36(5) of the Nigerian Constitution, insisting that the felonies committed by Yunusa were bailable. “In Section 36(5), every person charged with a criminal offence is innocent until proven guilty. Investigations have been concluded and the accused person has denied committing the offence. He was living in Yenagoa till

Yunusa August 2015. The offence is bailable and the court has discretion to grant the bail. “The offences charged are serious felonies but no matter how felonious, it will not stop the court from granting bail. The court will impose such conditions that will force the accused person to come for his trial,” Ngajiwa held. Dressed in a white T-shirt

and cream shorts, Yunusa, who was in the dock looked emaciated and bowed his head throughout the period of the proceedings. He however came alive when he was told that he would have his freedom, albeit temporarily. Aside Ese’s parents, Charles and Rose, some rights organisations present at the court session were chairman

and members of the Civil Liberty Organisation (CLO), Chief Nengi James, Ankio Briggs, founder of Agape Rights Organisation (ARO) and the State Coordinator, Women of Excellence, Mrs. Tariere Gita. On the sidelines of the trial, Briggs, who also flayed the Delta State Government for not getting a good defence

team for the victim, said she wasn’t sure of the commitment of both states to diligently prosecute the case. “How can somebody carry a child from Bayelsa to Kano State, keep her for eight months, impregnate her, change her religion; what are they saying? Is he the father of the child? “Who is the father of the child? Is she going to have the baby? These are so many things that are personal. The circumstance in which she got pregnant is very offensive. “With all due respect, this case is a very volatile case, it is a very serious case. I am not satisfied with the handling of the case by the Delta and Bayelsa State Governments; maybe because the parents are poor,” the rights activist and environmentalist fumed. She deplored the argument that Ese’s relationship with Yunusa was one of “Romeo and Juliet”, noting that the offence was clearly criminal in nature. “What type of love is that? What sort of Romeo and Juliet is that? The law says that a 13-year-old girl has no right to find herself in a position of Romeo and Juliet, full stop and that is what the law says,” she stated. The judge had earlier adjourned the matter till April 18, when the case would come up for further hearing.

Champion Rams Fight in Lagos for Cash and Glory Champion ram King of Oils shows no visible signs of stress before his semi-final fight at the National Stadium in Lagos. The amber eyes of the snowwhite ram barely register the raucous crowd 50 metres away but his outward tranquility belies a tenacity deep within. Three and a half years ago, Dayo Folami bought King of Oils for less than N50,000 ($250). Yet today the 39-year-old businessman says the ram is “priceless”. “I've won a lot of money with the power he has,” Folami, wearing a white T-shirt and dark jeans, told AFP at Sunday’s event. “He doesn't give up.” What motivates King of Oils to dominate in the ring is a

mystery, said Folami. “There is no winning secret of rams, you can never force them to fight.” It’s exactly that innate will to battle that distinguishes ram fighting from other animal sports, Folami said. With eight weight categories and referees, the Ram Lovers Association of Nigeria (RLAM) is working to bring ram fighting into the mainstream by enforcing a strict set of rules to ensure ram safety and fair play. “We brought in rules and regulations of different weight categories, just like in boxing,” RLAM member Basheer “Bash” Agusto said. “People expect to see fairness.”

Agusto, the 68-year-old owner of champion ram Little Tiger -- who competes in H, the lightest category -- said the rams are “just like any other athlete”. Once identified as a fighter “you make sure he's not lacking”, Agusto explained, recommending to “give him vitamins and clean between the hooves”. Agusto, his silver hair in a short mohawk and a thin gold chain necklace, said ram fighting is an escape from daily life in Nigeria, where poverty is endemic despite massive oil wealth. “They can’t go to the polo club or golf club, never mind the boat club, so here they have

an outlet to look forward to,” he added. Hundreds of people gathered under a blazing sun to watch the rams fight on a sandy pitch, fenced off with orange and blue rope. Vendors sold popcorn and suya -- a salty, spicy grilled meat served with red onions and tomatoes -- while contortionists in striped outfits of mustard yellow and lime green performed in front of VIPs sitting in the shade under white tents. Some rams are named after historic warriors (Attila the Hun, Spartacus), while others after devastating diseases (Ebola, Malaria). The Nigerian ram fighting

rules state that at the start of a tournament rams are allowed to hit 30 “blows” before the referee calls a tie. By the finals, rams can head butt up to 100 times. But sometimes the fight never takes place at all, with unwilling rams high-tailing it to the safety of their owners amid laughs and jeers from the crowd. At stake is a plethora of official prizes ranging from cars to kitchen appliances. More lucrative, however, is the gambling on the sidelines where men bet tens of thousands of naira on rams. “After football, this is what brings people together,” said ram judging assistant, Segun

Odulate. “If you come here you won’t think anything more, you’ll concentrate on the rams and you'll be happy.” Perhaps no one was as happy as Folami, whose King of Oils won his semi-final match in just 10 blows. “I was very happy, I will fight in the final,” he said. In the days before the ultimate match this coming weekend, Folami says no expense will be spared on King of Oils. “I’m going to give him special treatment, special food,” he said. “I know we're going to win.”

cent of houses unscathed. The report also estimated that parks, game, forest and grazing reserves, orchards, river basins and lakes have been poisoned in 16 of the 27 areas, and 470,000 livestock killed or stolen. The source close to the Borno State Government said the report has yet to be approved by the World Bank

and a decision was expected soon on funding. But given the cost of the damage -- about $5.9 billion -- and Nigeria's struggling economy caused by the global oil shock, matching external funding for reconstruction could be problematic, the source added. The World Bank in Nigeria declined to comment.

reports on his abduction of the INEC collation officer for PHALGA Ward 10, Mrs. Ekwi Adebisa. A statement by his media office said the minister met her for the first time at the Mile 1 police station on Sunday and left her there in the safe custody of the Assistant Inspector General of Police (AIG) in charge of Zone 6, Mr. Baba Bolanta. The statement said: “Amaechi did not leave the

station with her. This can easily be confirmed from the AIG. “At the Mile 1 police station, at no point did Mrs. Adebisa say that she was abducted by the minister or any member of the minister’s party, the All Progressives Congress (APC). “All the stories of her alleged abduction by APC members were lies peddled by the Peoples Democratic Party (PDP) and Rivers State Governor, Nyesom Wike.”

•Culled from AFP

REPORT: 20,000 KILLED, $5.9BN PROPERTY DESTROYED BY BOKO HARAM IN BORNO The report is part of a Post-Insurgency Recovery and Peace-building Assessment, an intervention programme involving the World Bank, European Union and the UN with the six northeastern states. Assessments in each of the states were carried out in areas including education, health care, water, sanitation,

housing, municipal buildings, energy, environment, transport, economy and business. In Borno, sources conversant with the report told AFP yesterday that some 20,000 citizens are thought to have been killed during the violence -- a higher figure than previous estimates. In addition, the majority

of the more than 2 million internally displaced persons came from the state. In the 27 local government districts that make up state, the fighting destroyed or damaged the following: 956,453 (nearly 30 per cent) out of 3,232,308 private houses; 5,335 classrooms and school buildings in 512 primary, 38 secondary and

two tertiary institutions; 1,205 municipal, local government or ministry buildings; 76 police stations; 35 electricity offices. Others include 14 prison buildings; 201 health centres; 1,630 water sources; 726 power sub-stations and distribution lines. In some areas such as Bama, the destruction was near total, with only 20 per

INEC CONFIRMS DEATH OF NYSC MEMBER, TO HOLD FRESH POLLS IN VIOLENCE-AFFECTED AREAS continued the blame game over the violent rerun elections in the state, the management of NYSC yesterday announced the death of a corps member, Mr. Okonta Dumebi Samuel (RV/15B/5539), who died during the exercise in Rivers State at the weekend. According to a statement from the NYSC, Okonta, who until his demise, served at GCSS Ukpeliede, was shot dead by unknown gunmen in Ahoada West Local

Government Area. “The murder of this patriotic young man, who was an orphan, is primitive, barbaric and ungodly, and should be strongly condemned by all well-meaning Nigerians,” NYSC said. NYSC also promised to ensure that Okonta’s killers do not go unpunished. “The NYSC shall work with the relevant agencies to ensure that the perpetrators of this heinous act are fished out and

made to face the full wrath of the law. “We consider Okonta Samuel’s death as a great loss, not only to his immediate family, but also to all of us in the NYSC family and the entire nation. “May the Almighty God grant him eternal rest, and give his immediate family and the rest of us the fortitude to bear the irreparable loss,” it said. The NYSC also confirmed that another corps member

who was with the deceased at the time of the fatal attack in Ahoada, escaped from the scene with the help of security agents. “We also wish to state that another corps member – Anana Aniekan Udoetor (RV/15B/5537) – who was initially reported missing, was found hale and hearty,” NYSC stated. Meanwhile, the Minister of Transportation, Mr. Chibuike Amaechi yesterday denied

TUESDAY MARCH 22, 2016 • T H I S D AY

NEWS

News Editor Davidson Iriekpen Email davidson.iriekpen@thisdaylive.com, 08111813081

NBS: Unemployment Rate Rises to 10.4% in Fourth Quarter Puts active labour force at 76.96m

James Emejo in Abuja The unemployment rate in the country has climbed to 10.4 per cent in the fourth quarter of last year (Q4 2015) compared to 9.9 per cent in the previous quarter, the National Bureau of Statistics (NBS) stated yesterday. It noted that a total of 22.45 million of the total labour force of 76.96 million were either unemployed or underemployed in Q4 compared to compared to 20.7 million in Q3 and 19.6

million in Q2. According to the U n e m p l o y m e n t / Underemployment Report for Q4 2015, which was released by the statistical agency, the number of unemployed increased by 518,102 persons, resulting in an increase in the national unemployment rate. The rate was recorded at 8.2 per cent in Q2 2015. It further stated that the labour force population-those within the working age population

willing, able and actively looking for work- increased to 76.96 million from 75.94million in Q3, representing an increase of 1.34 per cent during the quarter. According to the NBS, the economically active population or working age population-persons within ages 15 and 64- increased

to 105.02 million in Q4, from 104.3 million in Q3, representing a 0.68 per cent increase over the previous quarter and a 3.2 per cent rise when compared to Q4 2014. “This means 1.02 million persons in the economically active population entered the labour

force, that is individuals that were able, willing and actively looking for work,” it added. The NBS said the number of underemployed-those working but doing menial jobs not commensurate with their qualifications or those not engaged in fulltime work and

merely working for few hoursincreased by 1.21 million or 9.16 per cent, resulting in an increase in the underemployment rate to 18.7 per cent or (14.42million persons) in Q4 from 17.4 per cent (13.2 million) in Q3 and 18.3 per cent (13.5 million) in Q2 2015.

Terrorists Hit EU Mission in Mali Extremists yesterday launched an attack on the European Union military mission’s headquarters in the Malian capital, underscoring their determination to continue striking against Western interests in the region. Sgt. Baba Dembele from the anti-terrorism unit in Bamako told an Associated Press reporter at the scene that it was believed some attackers had entered the luxury hotel where the mission is headquartered. The EU mission later released a statement on Twitter saying no personnel had been wounded during the violence, and that forces are securing the area. The assault came about four months after the jihadists attacked the Radisson Blu hotel in Mali’s capital, killing 20 people. Al-Qaida in the Islamic Maghreb and al-Mourabitoun claimed responsibility for the attack, saying it was their first joint attack since al-Mourabitoun joined al-Qaida’s North Africa branch in 2015. In January, other extremists from the same militant groups

attacked a cafe near a hotel popular with foreigners in Burkina Faso’s capital, killing at least 30 people. And just last week al-Qaida in the Islamic Maghreb claimed responsibility for an assault on a beach in Ivory Coast that left at least 19 dead, identifying the three attackers as members of al-Mourabitoun and Sahara units. This week marks the fourth anniversary of the coup that unleashed widespread chaos in Mali. After the overthrow of the democratically elected president, extremists in the northern half of Mali took over the major towns and began implementing their strict interpretation of Islamic law. The amputations and public whippings only ended when a French-led military mission forced them from power in 2013. Over the past year, the jihadists have mounted a growing wave of violent attacks against UN. peacekeepers who are trying to help stabilise the country.

Nigerian Lady Disappears in Dubai Solomon Elusoji A Nigerian lady, Bolanle Monsurat Olofinjana, with passport number ‘A06971507,’ is said to have disappeared in Dubai, THISDAY has learnt. According to a report, Monsurat was allegedly defrauded and deceived into believing she was relocating to the United Arab Emirates (UAE) to secure profitable employment by one Madam Agnes with the help of an agent in Nigeria, one Mr. Lanre. However, after arriving in the UAE, she was introduced to a Middle Eastern family in Dubai, who took possession of her and shielded her from leaving. “She is unable to leave the place of her enslavement under threat,” the report said. Bolanle is said to be unable to furnish the details of her current location, as a result of her inability to read and understand the Arabic language, although she has access to the internet, via a mobile device. The information contained inside the report received by THISDAY was provided by Bolanle through

this medium. Following up on the report, THISDAY contacted a number contained in the report that is said to belong to Madam Agnes who lives in Oman. She confirmed her own identity and also said she knew Bolanle. “She came through our office,” Madam Agnes said, adding “and we know she is in a proper place. She is where she’s supposed to be.” When pressed further about the actual location of Bolanle, Madam Agnes repeatedly said “she’s with her sponsor” before terminating the call and refusing to answer subsequent calls put through to her mobile number. THISDAY was unable to reach Lanre, who is said to have an office at 6, Marina Street, Lagos, a location which seems not to exist. Calls put through to one of the phone numbers said to belong to Lanre, was answered by a man who claimed to be Mr. David and knows nothing about any Bolanle David claimed that he resides in Abuja not Lagos.

THANK YOU FOR THE LECTURE

Senate President, Dr. Abubakar Bukola Saraki (left), in a handshake with the President of Heirs Group and Chairman of United Bank for Africa (UBA), Mr. Tony Elumelu, at the National Assembly Business Roundtable in Abuja...yesterday

National Assembly to Present Harmonised PIB Next Week Omololu Ogunmade in Abuja Tired of endlessly waiting for President Muhammadu Buhari to send a new draft of the Petroleum Industry Bill (PIB) to the National Assembly, the federal legislature has taken the bold step to independently initiate the bill towards its prompt passage. Against this background, the National Assembly had designed its own version of the bill ahead of the formal presentation of its harmonised version before each chamber of the National Assembly next week. Making this disclosure in his opening remark at a-one-day National Assembly Business Environment Roundtable held in the National Assembly yesterday, Senate President Bukola Saraki said both the Senate and House of Representatives had resolved to jointly re-draft the bill. “The National Assembly the Senate and the House of Representatives - are working very closely together. As part of this commitment, we would all see next week when we lay down the PIB. You will see that the bill we are going to lay in each house is the same. We are going to lay the same version in the Senate and the House of Representatives because that is going to be the first time we are open to our words,” Saraki said. Saraki regretted the country’s harsh economic environment, observing that most of the laws

regulating business operations in Nigeria were obsolete. Participants at the round table discussion were drawn from the executive, legislature and the private sector who came together to brainstorm on possible solutions to the nation’s teething economic problems. He explained the rationale behind the roundtable conference, saying it was meant to serve as the platform for the assessment and improvement of legislations and policies affecting business operations in Nigeria. He said discussions would be “centred on broad areas like competition; doing business; infrastructure (Public-Private Partnerships, rail, maritime and roads); finance and investment; intellectual property and e-business; and taxation among others.” Saraki added that the roundtable discussion would also serve as a veritable platform for the private sector, legislature and the executive to engage one another in the search for relevant and sound public policy. “The National Assembly Business Environment Roundtable hopes to achieve a number of specific objectives, including: Legislative reform as it pertains to improving the business environment in Nigeria; strengthening the foundation of the Nigerian economy by ensuring smart and effective regulation. “Increasing competitiveness and private sector investment; opening and expanding markets through infrastructure development; and,

creating engagement, advocacy and consultation across key stakeholders,” he added. In his submission, Head of Economic Growth, Department for International Department (DFID) Nigeria, Simon Kenny, pointed out that the main economic crisis confronting the country was its over-dependence on oil revenue which he said had continued to nosedive in the last two years. However, he said the drastic fall in prices of petroleum products had provided Nigeria with the full fledged opportunity to diversify its economy, noting that revenues from oil could no longer meet the rising needs of Nigeria’s huge population. He also advised the federal government to promote import competitiveness in contrast to import substitution as he advocated the necessity for private sector to be involved in the move to boost such competition. Kenny said: “If you look at the demands of oil produced in Nigeria and the low price of oil, and if you divide that by the vast numbers of people and population of Nigeria, there is only around $200 of oil pa capital per year in the country. “There is no way even the rising price of oil can raise Nigeria to anything above a middle income country. And I know that the aspirations of Nigeria have gone beyond that to become a high level income country. So, oil revenue has dropped and this is the reality

you are facing at the moment. But the low prices of oil has offered a perfect opportunity for Nigeria to diversify the economy, to increase investment and to make industries - from agriculture to manufacturing and the services sector. “I often hear the term import substitution as a policy for Nigerian government to help drive local industries. You need to replace the word import substitution by import competitiveness. And the role of the private sector to help increase that competitiveness. “It’s a fantastic opportunity to bring the private sector together with the government. The executive is there to implement policies but the legislature has a key role in ensuring that the right legal framework is in place.” Also speaking at the conference, Chairman of Heir Holdings, Mr. Tony Elumelu, canvassed the urgent need for the National Assembly to review the laws regulating business activities in Nigeria, noting that the flaws inherent in such laws have made their reviews imperative “This meeting is an effort and is humble acknowledgement by our leaders that our laws are not perfect; that we need to review, amend and enhance many of them.” He challenged the federal government to live up to its responsibility by creating business friendly environment for entrepreneurs to operate.

TUESDAY MARCH 22, 2016 • T H I S D AY

NEWS

Alleged Sexual Harassment: Queen’s College Girls Protest Solomon Elusoji with agency report Senior Secondary School III (SSS3) students of Queen’s College, Yaba, Lagos State, yesterday abandoned their mock examination to protest against the allegation of sexual harassment levelled against one of their teachers, Mr. Olaseni Oshifala. While they put pressure on their teachers to let them out of the school gate, another group of protesters, who claimed to have been taught by Oshifala, stood outside the premises, condemning the allegations as falsehood. Oshifala, a Biology teacher, was accused by a parent, Chinenye Okoye, of forcefully trying to kiss and touch the private parts of her daughter, a JSS II pupil. According to Okoye, the teacher cornered her daughter on her way back from relieving herself just before lights out and assaulted her. “She started screaming and then students started coming out so he left her and pretended to punish her,” she added. The claims according to the News Agency of Nigeria (NAN, went viral on social media last weekend forcing the college alumni

to convene an emergency meeting last Sunday. H o w e v e r , during yesterday’s protest, the Chairman of the Parents/Teachers Association (PTA) of the school, Mrs. Beatrice Akhetuamen, denied the claims. In a statement issued by the school yesterday, the school Principal, Lami Amodu, said the claims were an attempt to ridicule, not just Oshifala, but the “hard-earned reputation” of the school. “When I resumed work as principal here, I was told of a certain matron who housed a person that had attempted to have an affair with a student. “I was not here when it happened but as soon as I was told, I made sure that the matron was moved out of the school premises. I have zero tolerance for such behaviour. I have a daughter who schools here, even before I began work here. I will not take chances. “As I talk to you, no single parent has come to me or any of my vice-principals to report Oshifala as a molester. I assure you that if the allegation was true, other

parents would have been buzzing our lines non-stop. Children spread gossip fast. They would tell their parents or relations, if anyone was molesting them here. No parent would take such report lightly. “When this news reached me, I summoned an emergency meeting of all the critical stakeholders. We all discussed before inviting Oshifala. Every one of my staff says positive things about the man. Of course they were all here (Queen’s College) before me, so they are qualified to assess members of staff properly,” she said. Amodu also noted that before her resumption at Queens College, a former Principal of King’s College, Dele Olapeju, had recommended Oshifala as a credible person to work with. “Let us not forget that Oshifala worked with five different principals, all of who also told me good words about him, despite the various allegations against him. “I have investigated and we are not relenting in our determination to get to the bottom of this case. The man in question has been of

impeccable character and committed service since I resumed work here. I can vouch for him. “When I resumed work here, I was told a few unsavoury things about him. But investigations showed that each time a new principal resumed at Queen’s College, these allegations popped up. They would tell every new principal that Oshifala is a molester. But after investigations, nothing concrete came up. My predecessor, whom we just sent forth today, told me the same thing. So it has been a recurring decimal, these allegations,” the principal said. Amodu said there was a campaign of calumny against Oshifala who happens to be “the best teacher in our school.” “During World Teachers’ Day, he bagged five awards. The students all have good things to say about him. Somebody somewhere is up to some mischief and we will uncover this unfortunate drama. “We place a premium on the security and welfare of our girls. We are all mothers. We will not allow any staff to endanger girls

in this school,” she said. The Chairperson of the school’s PTA, Akhetuamen, also said the claims were an attempt to pull down Oshifala. “I have two daughters schooling here,” she said, adding: “After six years in the school, I should be able to trust them to intimate me about things that happen in the school, especially when I ask. They have made it clear to me, no such thing occurred. Meanwhile, no parent has called me to make any such allegation against the teacher in question and I find it very strange,” she said. Akhetuamen said if such thing had happened, the students would have given the matter leverage. “It would not have needed a blogger to break the story,” she said. “There is a policy against the use of phones in the college but we hear rumours that some students smuggle in phones. Do you imagine that such students would not have called their parents with the gist? And for all this time that the event allegedly occurred (one month now), do you think that no parent would have raised

eyebrows? “When I asked my daughter about this story, she said she only started hearing it today. I am an Edo woman, I speak from my heart because I fear only God. Even if I face anybody now, I can defend him (Oshifala) authoritatively. I have always recommended him to every principal that was posted here,” she said. The school’s Head Girl also chipped in, vowing for Oshifala’s innocence. “Knowing him from J.S.S 1 to SSS. 3 now, I can say that the allegations are wrong. “No, I just heard the story this morning. My statement cannot be doctored,” she said. Oshifala, also declared himself innocent. “I have been accused falsely,” he said. “Students have openly confessed to being recruited to frame me up in the past.” “The teachers were there. They can tell you the truth. All I want is to be the best teacher I possibly can. The reason I always win the awards is a function of my drive for excellence.

CCT: The Case against Orubebe Not Withdrawn

Tribunal to add more charges The federal government yesterday stated that it had not withdrawn the charges filed against a former Minister of Niger Delta Affairs, Mr. Godsday Peter Orubebe at the Code of Conduct Tribunal (CCT). In a statement signed by the Head, Press and Public Relations, CCT, Ibraheem Alhassan, the government said it was compelled to refute some publications where it was alleged that the case was withdrawn because it was fundamentally defective. The statement said: “Pursuant to the above, CCT advises that, to the best of our knowledge based on available records, as at the time of this report, the information is

misleading, distortive and as such, it should be ignored. “The case of Orubebe before CCT in Charge No: CCT/ABJ/02/15 is on-going. What transpired in court in the last session held on March 8, 2016 was a substitution of the initial charge with a newly filed charge by the prosecution, of which leave was sought from, and granted by the tribunal. The case had been adjourned to April 7, 2016. Thus,there is no withdrawal of the case by the prosecution,” it stated. Investigation by THISDAY revealed that the CCT would before on April 7 add more charges to the existing charge preferred against the former minister.

Buhari Congratulates Benin Republic President-elect Tobi Soniyi inAbuja President Muhammadu Buhari has congratulated the President-elect of Benin Republic, Mr. Patrice Talon, on his electoral victory in the presidential run-off last Sunday, as announced by the Autonomous National Electoral Commission. Buhari, in a statement signed by his Special Adviser on Media and Publicity, Mr. Femi Adesina, also commended the government and people of Benin Republic on the peaceful and orderly conduct of the presidential election. He saluted the courage and statesmanship of Prime Minister Lionel Zinsou and presidential candidate of the ruling coalition, in upholding the democratic process by promptly congratulating his main challenger, Talon, on his electoral victory. The president also commend President Boni Yayi for his leadership throughout the electoral

process and for his invaluable contributions to democratic governance in the sub-region, evidently demonstrated in the successful conduct of the presidential elections. Buhari said he was encouraged by the determination and exemplary conduct demonstrated by Beninese in coming out en masse to perform their civic duties. He said he believed that the successful conclusion of the electoral process marked an important step in consolidating democracy in the sub-region and a beacon for other African countries to emulate. The president expressed confidence that the Beninese would give the incoming government all the necessary support to succeed even as he reaffirmed that Nigeria, as a beneficiary of the dividends of democracy, would continue to build strong partnerships with her neighbours for the peace, progress and prosperity of our citizens.

LET’S FOCUS ON THE ECONOMY

R-L: President Muhammadu Buhari; Vice-President Yemi Osinbajo; Governor of Zamfara State and Chairman Nigerian Governors’ Forum (NGF), Alhaji Abdelaziz Abubakar Yari, Secretary to the Government of the Federation (SGF), Mr. Babachir David Lawal; and Minister of FCT, Alhaji Mohammed Bello, on arrival for the National Economic Council (NEC) retreat at the State House Conference Centre in Abuja Godwin Omoigui

EFCC to Arraign Kingsley Kuku in Absentia Court affirms jurisdiction to try ex-NIMASA DG Adebiyi Adedapo in Abuja

The Economic and Financial Crimes Commission (EFCC) will today arraign the former Special Adviser on Niger Delta Affairs to ex-President Goodluck Jonathan, Kingsley Kuku, before a Federal High Court in Abuja. Although, Kuku was not available for questioning at the EFCC over an alleged corruption during his tenure in office, sources within the commission hinted that the anti-graft body was ready to arraign the suspect in absentia. The spokesperson of the commission, Mr. Wilson Uwujaren, who confirmed the development, said Kuku would be arraigned alongside his two former aides on two separate charges bordering on criminal conspiracy, false declaration of assets and fraudulent acquisition of property.

Kuku, allegedly conspired with others and awarded contracts running into millions to companies in which they had interests. He was in July 2015 invited for investigation by the EFCC, but did not honour the invitation for health-related reasons. The former presidential aide informed EFCC that the earliest possible date he would honour the invitation was September 30, 2015. Kuku’s lawyers wrote a letter to the EFCC, informing the anti-graft body that the former presidential aide was undergoing surgery on one of his knees. “Our client is currently in the United States of America to an keep appointment with his doctors at the Andrew Sports, Medicine and Orthopaedic Centre LLC for surgery on one of his knees. “He is expected back in Nigeria at the end of September 2015 after

the surgery and recuperation,” the letter, dated July 24, stated. The lawyers assured the commission on that Kuku would report to the EFCC as a “law abiding citizen” by 10a.m. on September 30, but since then, he had not visited the commission. Meanwhile, a Lagos High Court sitting in Igbosere yesterday dismissed an application by a former Director -General of the Nigeria Maritime Administration and Safety Agency (NIMASA), Mr. Patrick Akpobolokemi, challenging its jurisdiction to entertain his trial. Akpobolokemi is standing trial, alongside five others, on a 13-count charge bordering on conspiracy, stealing and fraudulent conversion of funds to the tune of N687,294,680. His co-accused persons are Captain Ezekiel Bala Agaba; Ekene Nwakuche Governor Amechee

Juan Vincent Udoye, Captain Ade Sahib Olopoenia and Gama Marine Nigeria Limited. At the resumed hearing of the matter yesterday, Justice R.I.B Adebiyi threw out Akpobolokemi’s suit challenging the jurisdiction of the court, stressing that the application lacked merit. “This court finds preliminary objections raised by 1st and 4th defendants/ applicants to lack merit, both preliminary objections are accordingly dismissed,” he said. Counsel to Akpobolokemi, Joseph Nwobike (SAN), while arguing against the jurisdiction of the court to try his client, hinged his objection on the fact that, “only the Federal High Court has exclusive jurisdiction over matters and cases arising from, pertaining to, or connected with the revenue of the Federal Government of Nigeria and its agencies.”

MONDAY MARCH 21, 2016 • T H I S D AY

AFTERMATH OF RIVERS POLLS

Rivers Rerun: No INEC Official Has Powers to Cancel Already Declared Result, Says Wike Govt has videos of atrocities committed by military I wasn’t caught with military uniform, cash, gov’s aide insists Ernest Chinwo, Segun James and Shola Oyeyipo in Port Harcourt Rivers State Governor, Nyesom Wike, has declared that no official of the Independent National Electoral Commission (INEC) has powers to cancel or nullify results already declared by the returning officers in the respective constituencies. The governor was speaking against the backdrop of the insistence by the state Resident Electoral Commissioner (REC), Aniedi Ikoiwak, that the commission had not released any results other than the nine state constituency and one federal constituency results announced on Sunday. The All Progressives Congress (APC) in the state has also called on INEC to cancel results of the re-run elections on grounds of irregularities in the conduct of the polls. Addressing journalists in Port Harcourt yesterday, Wike insisted that no INEC official was empowered to cancel a result already declared by a returning officer and said those calling for the cancellation of the results should do so according to the provisions of the law. He also disclosed that the state government had compiled videos of the atrocities allegedly committed by

the military across the state during the rerun elections, saying that the videos would be released to the public “at the appropriate time.” He said: “The military-orchestrated violence in the state could be part of a plot by the APC to declare a state of emergency on the state on the premise of heightened propaganda. “We have videos of the atrocities committed by the military across the state. We shall release them at the appropriate time. “There is an attempt to cause violence to declare a state of emergency in Rivers State.” He noted that the statement by the National Secretariat of the PDP that the federal government plans a state of emergency in the state should not be disregarded as there is always an element of truth to every rumour. According to him, the APC is merely involved in propaganda to create the impression of violence. On the further rerun in eight local government areas, Governor Wike said measures should be taken by INEC to address the challenges noticed during the March 19 elections. He suggested that one REC should be assigned to one local government area for greater efficiency in the conduct of the polls.

The governor said the PDP won the elections in the declared constituencies because the state is purely a PDP state. “While we campaigned, they were not campaigning. With what I have done in a few months , it will be difficult to defeat PDP in the state,” he stated. Meanwhile, Wike’s Special Adviser on Special Projects, Cyril Dum Wite, has said allegations that he was arrested by soldiers during the legislative rerun election for being in possession of military uniform and large sum of money is not true. The pictures of the governor’s aide, along with three other men, went viral on the social media, as he was arrested in Khana Local Government Area, with some cash and a security uniform displayed along with him. However, Wite, who is on police bail, disclosed in Port Harcourt, yesterday that he was neither in possession of military uniforms, nor the large amount displayed in his photograph. He blamed his ordeal on the APC candidate in Khana State Constituency 2, Friday Inkee, whom he alleged manipulated

the soldiers who arrested him. He also denied knowing the three men who were paraded along with him when he was arrested, saying they were arrested for an offence that was different from what he was held for. The governor’s aide said he was arrested by soldiers at the INEC office in Bori where he had gone to lodge a complaint that election materials for his Ward 12 in Lugbara in Khana Constituency 1 had been allegedly hijacked. “I had no uniform. What you saw on the video with about three men wearing camouflage, I had no knowledge of them; I don’t know them from Adams. I was seated on the floor when they brought them. “I think they were arrested on the road; the police can attest to that. I don’t know them; they were not arrested with me. I was beaten and kicked to the floor at the INEC office in Bori; I was not arrested “I had no uniform at all. In this case, only one police uniform and it belonged to one of the four police officers that were to serve in my unit. All of them came to identify that uniform that it belonged to one of the officers there. “What really happened was that

they had been at the RAC centre in my village since last Thursday. A cousin of mine had assisted them to provide them with food, water and where to take their bath. “On this Saturday morning, the man has gone to his room to take his bath and left his bag in the car. So when the information came that they were hijacking election materials at Bori, I just told my cousin who owns the car to let us go there. “When they started beating us and searching his car, they saw a bag and when they emptied the content of the bag, a uniform was there and an identity card that belonged to that police officer who was posted to the RAC centre, clearly on election duties and who was assisted by the community where he was posted to. “The man (the policeman) came and identified his uniform and said he was taking his bath and left his bag in the owner’s car. The car is not mine. The man identified his bag, containing his uniform, ID Card and his Bible. They gave him his bag and allowed him to go back to the RAC centre.” Wite also denied being the owner the money displayed along with his

photographs when he arrested as he claimed that the money belonged to his cousin. “I had no knowledge of such an amount of money until they displayed the cash and the people are insane. This is because the owner of the money is the owner of the car. When he (his cousin) was interrogated, he said he made a large transaction on Thursday or so but the bank was closed. “Instead of leaving the money in his house that he was not sure of its safety, he put the money in the boot of his car, pending maybe when the banks would be opened. “He said he had about N2million in his car. What was wrong with that? The money was in his car and he identified it. Part of the money was even stolen by the soldiers. But because they want to play gimmicks and embarrass themselves, not me, they now put the money in front of me. “They asked me to count the money and I asked them why should I count the money. I was beaten back and blue to count the money. So, the money is not my money; the car is not my own; the uniform they saw does not belong to me-I did not procure it,” he said.

Buhari’s Group Faults Violence A pro-Buhari group, the Buhari Media Support Group (BMSG), has condemned the recourse to violence by some of the contenders in the last Saturday’s rerun elections in Rivers State. The group therefore urged the federal government to take swift action to arrest the unfortunate situation in order to forestall total breakdown of law and order in the state. In a statement signed by the Chairman of the group, Muhammed Labbo, and his Secretary, Cassidy Madueke, the BMSG also asked the security agencies to rise up to the task and fish out those behind the recent

killings and prosecute them to serve as deterrent to those bent on throwing the state into a state of anarchy. “We appeal to all political parties and politicians in the state to conduct themselves and their activities within the ambit of the law. “The BMSG also condemns the recent provocative statements allegedly made by the state Governor, Nyesom Wike, and advised him to desist from making further reckless and irresponsible statements capable of emboldening his party members and supporters to unleash violence on opposition supporters and innocent citizens of the state.”

Abe Condemns Assassination Attempt on Dakuku, Others The All Progressives Congress (APC) candidate in the Rivers South East senatorial district re-run election, Senator Magnus Ngei Abe, has condemned in strong terms the assassination attempt on Dr. Dakuku Adol Peterside, Director General of Nigerian Maritime Administration and Safety Agency, NIMASA, Chief Davies Ibiamu Ikanya, Chairman of APC and former deputy governorship candidate of APC in the 2015 general election in the state, Hon. Asita O. Asita on Sunday. In a statement signed by his spokesperson, Parry Saroh Benson, Abe frowned at the escalating violence in the state and described it as barbaric, intended to truncate democracy in the state. Abe therefore, called on President Muhamadu Buhari to investigate the happenings in the state under the present administration of Governor

Nyesom Wike. He cited the case of Gokana Local Government Area last Saturday where thugs loyal to the leadership of the Peoples Democratic Party (PDP) not only disrupted the elections but threw dynamites into the INEC office as well as opened fire with assault rifles on security personnel thereby scaring away voters, electoral officials and other innocent Nigerians. The senatorial candidate further stated that this kind of action by the PDP leadership has become a common place in recent time and urged the federal government to step up and do the needful in order to prevent the loss of life and property. “It is clear that the great burden of governance and its responsibility can no longer be shouldered by people who do not understand the meaning of civic responsibility,” the statement added.

EFFECT OF ELECTORAL VIOLENCE

An aide of the Chief of Staff to Governor Nyesom Wike allegedly shot by Dakuku Peterside’s security detail at the UTC junction in Port Harcourt ....Sunday

IjawYouths Demand Probe of Crises Emmanuel Addeh in Yenagoa The Ijaw Youth Council Worldwide, regarded as the umbrella body of all youths of Ijaw descent, yesterday demanded a thorough probe of the violence which characterised last Saturday’s rerun elections in some parts of Rivers State. In a statement issued by its spokesman, Mr. Eric Omare, yesterday, the group condemned the killings and maiming which took place during the polls, and called on relevant authorities to investigate the roles played by the security agencies, political leaders and the Independent National Electoral Commission (INEC). The IYC claimed that the information available to the council indicated that more than 15 persons had been killed so far, noting that

if nothing was done, more lives might be lost in future elections in the state. “We strongly believe that the statements of major political players in the days leading to the elections heightened tension and contributed to the violence during the elections. “Political leaders in the state did not display the high sense of responsibility that was expected of them. The IYC is worried about the way and manner elections are conducted in Nigeria in recent times especially in the Niger Delta region,” the body said. It noted that elections, instead of being an opportunity for the electorate to express their preference for candidates of their choice, had become a theatre of war in the region as recently experienced in Bayelsa State and currently in

Rivers State. While expressing fears that the trend was capable of encouraging and contributing to another round of security challenge in the region, the group blamed the security agencies and Nigeria’s electoral umpire for the violence. “Security agencies which are supposed to be neutral and provide security for the electorate have now descended into the arena of conflict by displaying obvious loyalty to the major political parties instead of the Federal Republic of Nigeria. “This show of shame was openly displayed at the Mile 1 Police Station in Port Harcourt last Sunday. This is highly condemnable and totally unacceptable. “We are also worried by the inability of the INEC to conduct hitch-free elections in recent times.

The shoddy preparations and lack of transparent conduct of the electoral body is a contributory factor to the violence that has been associated with elections. “This is an obvious retrogression from the gains that were achieved in electoral reform under the previous administration of President Goodluck Jonathan with Prof. Attahiru Jega as INEC Chairman. INEC should be transparent in its conduct to avoid suspicion which leads to violence during the elections,” IYC argued. The group called on the military authorities to take steps to discipline military officers who were involved or contributed to the killings, calling on President Muhammadu Buhari to secure lives and property of Nigerian citizen

TUESDAY MARCH 22, 2016 • T H I S D AY

NEWS

Fayose Warns against Declaration of State of Emergency in Rivers, Ekiti Tobi Soniyi in Abuja Ekiti State Governor, Ayodele Fayose, yesterday warned against

declaring a state of emergency in both his state and Rivers, saying that emergency rule would not work in both states.

Money Laundering: Return to Court to Get Justice, Group Urges Igbinedion Sunday Okobi The conviction of Michael Igbinedion for money laundering on April 29, 2015 at the Federal High Court Benin City, Edo State, presided over by Justice A.M Liman, is again raising both legal controversies. Igbinedion was sentenced and asked to pay a fine of N1 million in each of the counts in default of which he shall serve a prison sentence of two years on each of the said counts. But following recent reports that even members of the Public Accounts Committees in the seventh National Assembly, statutorily responsible for ensuring probity and accountability in the nation’s financial system allegedly compromised the Money Laundering Act during their tenure, a group in Benin City, known as Equity Group (EG) has therefore advised Igbinedion to go back to court to get proper justice. The National Assembly report has it that members of the committee as well as their representatives reportedly withdrew money totaling about N226million even in the face of the money laundering law. The group, speaking through it head, Pastor Pascal Oboh in a statement, said: “Since the action of members of the committee was not seen as a violation of the money laundering law, one stands to reason that Igbinedion’s conviction may have been politically motivated.” The group posited that the conviction was enough damage to the spirit of Section 1 of the Money Laundering (Prohibition) Act 2004 hereinafter referred to as MLPA even as he further said it

was imperative to understand the spirit and philosophy behind the MLPA both in our domestic law and globally. In reference to Part 1, Subsection 1 of the Money Laundering Act 2011, it provides that: “No person or corporate body shall, except in a transaction through a financial institution, make or accept cash payment of a sum exceeding (a) N5 million or its equivalent, in the case of an individual, or (b) N10 million or its equivalent in the case of a corporate body.” EG, while condemning the prison sentence, called for a review for the fact that: “Igbinedion acted as the Personal Assistant to Lucky Igbinedion who was then the Governor of Edo State from 2001 to 2006. That as a personal assistant to the governor, part of his duties was to run errands for the governor and also collect on behalf of the governor his due entitlements, allowances, gratuities and other sundry funds meant for the office of the governor. “That between 2002 and 2006, Michael Igbinedion did collect cash payment from the cashier of the state Government House on behalf of his principal totaling N13, 309,000 which sum was duly appropriated. “And that the evidence of PW7, Sunday Okundia, who is the permanent secretary as well as PW 8, Victor Edoghaye, who is the chief accountant shows clearly that the sum involved as further evidenced in the M Series Exhibits tendered by the prosecution were covered by the budget of the state government while that of the head of expenses was covered by requisitions followed by approval before final release.”

Abia Rerun: Accept Defeat, ATN Advises Kalu Sunday Okobi Following the victory of Senator Mao Ohuabunwa in the just concluded Abia North senatorial rerun election in Abia State, in which the former Governor of the state, Orji Uzor Kalu, was defeated by the candidate of the Peoples Democratic Party (PDP), Abia Transparency Network (ATN) has called on the former governor to accept his defeat in good faith and move forward. The group urged Kalu to leave the people of Abia North alone as “he lacks the capacity and patriotism to represent them,” lamenting that the former governor’s eight years in the state government house was allegedly characterized by graft, corruption and voodoo. ATN in a statement made available to journalists made the appeal while addressing a world press conference recently in Ohafia, decrying that Kalu and his supporters have as usual, resorted

to name calling, blackmail and propaganda. “They alleged that the ‘Independent National Electoral Commission (INEC) goofed by announcing Ohuabunwa as the winner of the election,” the statement noted. Leader of ATN, Mazi Kanu Ikeogu, in the statement, said: “It is a well-known fact that Ohuabunwa won the election in a transparent manner. The electoral verdict delivered on March 5, 2016, is a clarion call to Kalu to leave Abia State politics alone. “Kalu mismanaged the resources of the state for eight years, stole our common patrimony and allegedly carted away equipment meant to revive the state newspaper (Ambassador) to Lagos to establish his tabloid which has been waging a relentless campaign of calumny against Ohuabunwa. Before the election, the former governor had boasted that he would win the election with a landslide.”

Reacting to insinuations that the idea to declare state of emergency in Rivers State owing to the flawed rerun elections in the state at the weekend was being suggested in some quarters, Fayose said power had finally returned to the people. Asked for his reaction to call for state of emergency in Rivers, the Ekiti State governor said: “They have been insinuating that too in Ekiti. We have been waiting for them. Power has gone beyond the leaders, power has gone back to the people. “There are certain things leaders will do today, you will eat it tomorrow. ”You want to declare state of emergency, declare it and we will

tell you that the state of emergency will not work too. “This country belongs to all of us.” While condemning the Rivers rerun elections which were reportedly marred by violence, Fayose said: “I want to condemn the election in Rivers State. I want to condemned the militarisation. “Like I said to some people yesterday, during Ekiti election, nobody was slapped, nobody died. The person defeated congratulated the winner. Do we now call this Rivers election Rivers of Bloodgate? ”Because for a peaceful election in Ekiti and this in Rivers, the military has got no business in our election.

“Now, I want to say that if you watch the trend, the Peoples Democratic Party (PDP) has always won all the elections after the annulment. Which means what happened in Rivers is just a service of ego of some individuals who believe they have Nigeria in their pockets, they can call the president at will to deploy the military and its unfortunate that somebody would allow the military to kill his own people. ”I strongly condemn the elections in Rivers and charge that we sustain the legacy of transparent elections. “For me in Ekiti, we learnt from that and we are prepared. We prepare for election everyday

and we are fully prepared.” Commenting on some members of his party, PDP, currently battling graft charges in the courts, Fayose said: “And for the people detained in EFCC, it shows the rascality of the agency of government to the federal government to look away and allow innocent Nigerians’ rights to be taken away. I condemn it.” Meanwhile, members of the Ekiti State House of Assembly have appealed to the Nigerian Bar Association (NBA) and the Amnesty International to come to their rescue to secure the release of one of their member, Hon. Afolabi Akanni detained by the Department of State Services (DSS).

TUESDAY MARCH 22, 2016 T H I S D AY

T H I S D AY TUESDAY MARCH 22, 2016

T H I S D AY • TUESDAY, MARCH 22, 2016

COMMENT

Editor, Editorial Page PETER ISHAKA Email peter.ishaka@thisdaylive.com

RESCUING THE RESCUER

Ismail Sirajo urges Nigerians to look inwards and encourage the local manufacturing industry

s Nigerians across different cities of the country eagerly look up to the All Progressives Congress-led federal government of President Muhammad Buhari to revamp the country’s economy and stimulate growth, there is no doubt that the government requires time. But more importantly, a number of efforts would also have to be put in place in bringing about the much-needed turnaround in Nigeria’s dwindling economy we all hope to see. The current state of the country’s economy is not helped by the fact that oil prices crumbled and forex inflow went south as a result. Indeed, while monthly forex inflow into the country hovers around $1 billion, the monthly forex demand by Nigerians and businesses in the country, according to figures from the Central Bank of Nigeria (CBN), is around $3.6 billion. This puts enormous pressure on Nigeria’s foreign reserves, which have depleted by 25% in the last 18 months. The gravity of the situation at hands is illustrated by the fact that we risk complete depletion and total disappearance of the country’s forex reserves if things are not well-managed. That we have for long been an import-dependent country only made the situation further complicated. And in this, I believe, lies the sense in the CBN’s decision stopping forex supply for the importation of some items which it believes can be locally produced by Nigerian companies. Some of these items include soap and cosmetics, rice, Indian incense and toothpicks, tomatoes/tomato pastes, wheelbarrows, head pans, and roofing sheets, among others. Although the apex bank did not create the present forex challenge since the factors driving the crunch are outside of the bank’s remit and control, however, it has, in line with its statutory responsibilities, been battling to stabilise the naira and Nigeria’s foreign reserves. It is a difficult battle and there are no easy or painless ways out. Like some other public analysts have said, this really is not the best of time to be CBN governor. And that is why I seriously pity the Governor, Godwin Emefiele. He is strong to have absolved some of the insults that have been hauled at him by angry Nigerians. But quite frankly, some of the measures put in place by CBN have also come at some costs to some stakeholders, a number of whom have complained their business operations are being hurt. But I believe doing nothing couldn’t have been an option. At the same time, some of the alternative policy options being prescribed by critics of the bank, such as devaluation, are not cost-free and do not necessarily address what is essentially a supply problem. For those who may not understand, the CBN couldn’t have waited until the cabinet was sworn in last October by President Buhari before doing what it ought to do in the best interest of the country. The apex bank, with the statutory responsibility of managing the key rates - forex, inflation, and interest - had to act fast especially in the absence of fiscal policy support to address the imbalance in the country’s international trade. And this was even aside its efforts at providing forex to Nigerian manufacturers who need to import machinery and intermediate goods to remain in business. This was basically to encourage “Made-in-Nigeria” products and services, a campaign which is already catching on well among the populace and gaining traction. However, despite the CBN’s seeming good intentions to revamp the economy, I doubt if this can achieve the desired result for the economy if not complemented by other initiatives. Frankly, I think what we currently have on our hands now can be likened to the case of a student who has an examination to write before he graduates but chooses to focus all his attention and energies on one particular course only while neglecting the others. Even if he scores an ‘A’ in it, he will still most

AS A MATTER OF URGENCY, THE FINANCE MINISTER, KEMI ADEOSUN, MUST PUT IN PLACE PROACTIVE FISCAL POLICIES THAT WILL GO A LONG WAY IN ENCOURAGING THE LOCAL INDUSTRY AND DISCOURAGING IMPORTATION THROUGH THE APPROPRIATE TARIFFS

likely come out a failure since he had a poor preparation for the other courses. That is why I think we are not realistic if we assume that it is only the CBN governor, Godwin Emefiele and his team who will successfully fix the challenges confronting our economy. That would be wishful thinking. We all need to help the CBN help our country’s economy. This is because all that needs to be done are clearly beyond the scope of the mandate of the apex bank. If we will be realistic, ministries, departments and other agencies of government also have critical roles to play. And one of these roles, for me, is using tariffs to discourage the importation of foreign products Nigerian businesses can produce here at home. This must be done to protect our own local manufacturing industries. And this is where the Ministry of Finance comes in. As a matter of urgency, the Finance Minister, Kemi Adeosun, must put in place proactive fiscal policies that will go a long way in encouraging the local industry and discouraging importation through the appropriate tariffs. Another is the need to enforce industrial policies that will help complement the CBN’s efforts; and this is where the Ministry of Trade and Investment also comes in. Even the Ministry of Power, Work and Housing, under the leadership of former Lagos State governor, Babatunde Fashola, must work tirelessly to improve power, expand road and other critical infrastructure in the country towards boosting local productivity and helping Nigerian industries to grow. This would be a major step forward for Nigeria. Moreover, the billions of naira Nigerian companies and private businesses spend on diesel and running their generators are funds which could have been put into better use. If these are sorted out, Nigerian companies would be able to compete at a higher level with their foreign counterparts. Also helpful to Nigeria’s economy is the need for the Customs to tighten the country’s porous borders so that banned goods are no longer smuggled into the country thereby defeating the Buy-Made-inNigeria campaign and losing the gains being made on the monetary side. The reforms being carried out by the no-nonsense Col. Hammed Ali (rtd), Comptroller-General of Customs, need to be stepped up. Overall, the federal government must urgently roll out incentives to encourage local manufacturing, not just for Nigerian companies but even foreign investors who want to set up their factories and production plants in the country. This would boost local manufacturing and so must not be delayed. As a country, this is also the right time for us to engage ourselves in serious introspection and take concrete steps at finally diversifying Nigeria’s economy through agriculture, manufacturing, tourism, and entertainment among others. We have mouthed this for too long. Now is the time to take action. However, doing these do not in any way mean we ourselves don’t have some roles to play. As citizens, I frankly think we need to curb our appetites for everything foreign and wean ourselves of imported products, whatever they are. A situation where the average import bill of the country skyrocketed from N148.3 billion in 2005 to N917.6 billion in 2015, a whopping increase of over 500 per cent, all within just 10 years going statistics from the CBN, is unacceptable. I believe we are very creative in this country. We are also highlytalented. These are facts that cannot be disputed. That’s why I’m confident there is nothing we cannot achieve if we put our minds to it. We must buy Nigeria. We must patronise Nigeria. We must support our own. No matter what it costs, we must do all we can to get Nigeria’s economy on a sound and sure footing again. Sirajo, an agricultural expert, wrote from Lagos

RAILWAY SYSTEM FOR ECONOMIC DEVELOPMENT

rowing up in the late 1980s and early 1990s in Lagos, commuting on trains from our house in Idi-Oro area of Lagos to Yaba/ Ebute-Metta on a daily basis was such a wonderful experience. I and my other elder siblings were always looking forward to using this means of transportation because it was the most affordable and safest means of transportation. As a child growing up in the railway line of Lagos that stretches behind my family house, the sound of the different train coaches approaching was always fascinating. I remember going to the rails of the trains and putting bottle tops on the rails for them to get flattened and be able to use them in childhood contests. Such a memorable experience growing up. Train services remain the cheapest and most efficient of all modes of transportation worldwide. It is the most effective way of conveying large number of people as well as goods on land. Presently in Nigeria, roads carry more than 90% of domestic freight and passengers. This places so much pressure on the available road infrastructure that results in the incessant collapse and unnecessary huge financial outlay for maintenance and repairs. There is the need to resuscitate our railway system and it needs to be

Tola Ogunnubi canvasses the urgent need to resuscitate our railway system done as quickly as possible to allow the railway mode of transportation exert the desired impact. It is not enough to have just the roads as our major arteries of commercial transportation. Before now, the railway system of transportation’s contribution to national economic development in its glorious heydays was of immense value and got declined tremendously as a result of competition from the roads. Nigeria was one of the first countries on the African continent to have a well-funded railway system, but the societal ills in Nigeria affected the rail system. The Nigerian Railway Corporation (NRC) assets including lands were stolen and grabbed; the immediate past-administration sure did well in ensuring that there was a concerted and pragmatic effort at reviving the Nigerian Railway system but then some of their activities were shrouded in secrecies as far as some of the awarded contracts were concerned. The potential of our rail transport system is immense. Its core values of attainment of movement of passengers and goods in a manner that is safe, reliable and affordable cannot be over emphasised. Railway infrastructure is supposed to be a priority in our economy. Nigeria needs a decent rail transport network to move a major part of its estimated 80 - 100 million tonnes of freight per annum. With over a trillion naira on railway contracts and

additional funding from the now-rested Subsidy Re-investment and Empowerment Programme (SURE-P) between 2010 and 2014, there is little or nothing significant to show in terms of passengers and goods carriage on a commercial usage. It has not really translated into the desired improved train services. This critical section of our national economic development has suffered so many things ranging from lack of maintenance, policy inconsistency, inadequate marketing and publicity of the activities of the rail system to management inefficiency and above all massive corruption. In other developed economies, a functioning railway system contributes immensely towards the attainment of economic and social goals. It is an all-important infrastructural facility that is viable and a springboard for the transformation of the economy. I will rather the different state governors building airports will jettison the idea and get involved, contribute and encourage a functional commercial railway system which is a more enduring infrastructural legacy than the egotistic airport projects. Going by this year’s budget proposal, the 120 billion allocated for different railway projects across the country is grossly inadequate because 60bn or 50% of this proposal is for the Lagos-

Kano project alone. The joint committee on Land Transportation of the National Assembly should increase it to something more reasonable. Private sector involvement is required in the process of developing the railways. The resuscitation must not be at the expense of the government alone. Nigeria is in dire need of a modern and efficient rail transport system to develop its economy. In order to sustain the efforts made so far, the present administration needs to fund this sector to achieve a commercial status dream. Different contracts have been awarded and monies paid, some mobilised up to 60% of the contract sum but nothing to show for it. Or how do you justify the recent outcry of the Senate committee on the Federal Capital Territory that the Obasanjo government awarded $841bn rail project without MOU to a Chinese firm? That is a monumental corruption. Government is a continuum but some awarded contracts in this sector must be reviewed and some cancelled to give room for a more competitive contract bidding with the involvement of all stakeholders especially the coastal rail contract that was awarded without competitive bidding, improper documentation and at inflated costs. Tola Ogunnubi, Social & Public Consultant, Wuse Zone 4, Abuja. tolaogunnubi@yahoo. com

T H I S D AY TUESDAY, MARCH 22, 2016

EDITORIAL THE CHALLENGE OF CLEAN WATER

Water is basic to life. The authorities should ensure its provision across the nation

f there is any evidence needed to prove that the Millennium Development Goals (MDGs) did not achieve some of its core objectives, it is in the failure of the promise to provide unfettered access to potable water by 2015. The year has since rolled by, yet millions of Nigerians still have huge problem of accessing potable water. We recall that three years ago, former President Goodluck Jonathan gleefully told the nation that 75 per cent of Nigerians would have access to potable water by 2015 in accordance with the deadline of the MDGs. The reality, however, is that the year ended with even more Nigerians both in rural and urban centres not having access to clean water. Perhaps more embarrassing is that lack of running water has killed more people in Nigeria in 2015 alone than the murderous Boko Haram did in its six -year insurgency.While the terror campaign has claimed about 17,000 lives, the shortage of potable water and poor sanitation led to about 73,000 deaths, according to WaterAid, a London-based nonprofit organisation. The 2012 joint progress report by the World Health Organisation (WHO) LACK OF RUNNING WATER and the United HAS KILLED MORE PEOPLE Nations Children’s IN NIGERIA IN 2015 ALONE Fund on drinking THAN THE MURDEROUS water and sanitation BOKO HARAM DID IN ITS ranked Nigeria third SIX -YEAR INSURGENCY behind China and India in the list of countries with the largest population without access to improved drinking water. There has been no serious improvement in the situation since then. When President Jonathan launched the water roadmap in January 2011, he had announced some “quick measures to accelerate water coverage” and released some intervention funds for some projects: drilling of motorised borehole in each of the 109 senatorial districts of the country, rehabilitation of 1,000 hand pump boreholes in 18 states and installation of some special treatment plants, and completion of all abandoned water projects, etc. However, despite the

Letters to the Editor

huge sums of money voted for the schemes, drinkable water is still a mirage in most communities across the country. “It is not enough to have a road map”, says Timeyin Uwejamomere, then acting country representative for Water Aid, “it’s about making what is written in that document happen. It is about planning and action implementation. That is what we are lacking in Nigeria.”

T H I S DAY

EDITOR IJEOMA NWOGWUGWU DEPUTY EDITOR BOLAJI ADEBIYI MANAGING DIRECTOR ENIOLA BELLO DEPUTY MANAGING DIRECTOR KAYODE KOMOLAFE CHAIRMAN EDITORIAL BOARD OLUSEGUN ADENIYI EDITOR NATION’S CAPITAL IYOBOSA UWUGIAREN

T H I S DAY N E W S PA P E R S L I M I T E D

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TO OUR READERS Letters in response to specific publications in THISDAY should be brief (150-200 words) and straight to the point. Interested readers may send such letters along with their contact details to opinion@thisdaylive.com. We also welcome comments and opinions on topical local, national and international issues provided they are well-written and should also not be longer than (9501000 words). They should be sent to opinion@thisdaylive.com along with the email address and phone numbers of the writer.

WHAT CANYOU DO FOR NIGERIA?

ince President Muhammadu Buhari took office on May 29, 2015, Nigerians have been making demands severally in the media on issues they would want the government to address. The wish list of citizens is so long. The government alone cannot solve all problems confronting our country. We all have to find solutions to the numerous problems beginning right from the family level, community, local, state, national, civil society organisations, faith and community based organisations and Nigerians in the Diaspora. The challenges before Nigeria are enormous and require that all good hands must be on deck in order to tackle headon these problems. Is it insecurity, corruption, infrastructure deficit, epileptic power supply, youth unemployment, kidnapping, human trafficking, extreme poverty, hunger, environmental degradation, pollution, ethics and values, lack of social housing, disease, illiteracy, ignorance, indiscipline, impunity, absence of community service, among others. It is therefore worrisome that Nigerians daily make demands on government without indicating what they can do to make a difference to their neighbours, communities, and the country. Or what they can do to inculcate moral values in their children for the betterment of society. The level of indiscipline in our country is mind-boggling. A visitor arriving Abuja the Federal Capital from the Nnamdi Azikiwe International Airport is welcomed by pedestrians dashing across the express way at great risk to their lives and those of motorists instead of using the

et, water remains a vital resource of life to both human and non-human entities and as Ban Ki–moon, the United Nations’ Secretary General described it, “a vital tool for improving the lives of millions of the poorest people.” Indeed, potable water and improved sanitation services are verifiable measures for fighting poverty and diseases. But in the absence of water from piped supplies and protected wells, millions of Nigerians living in both rural and urban areas consume what is available. And this has remained a veritable source of threat to human wellness. In many rural communities the challenge is critical as women and children trek long distances to fetch water from streams and ponds, some of which are contaminated. That perhaps explains why epidemics of diarrhoea and dysentery are still common occurrences. Even in cities like Lagos, and Abuja, the federal capital, a large proportion of people have no access to drinking water and as the joint WHO/ UNICEF report observed, many often resort to using any available space as convenience. For those who can afford it, boreholes are indiscriminately dug. But that too constitutes its own problems as borehole undermines the water table and threatens future supply of the commodity. The United Nations General Assembly has recognised drinking water and sanitation as human rights, meaning that everyone deserves them. The authorities, at all levels, must therefore understand that without water, sanitation and hygiene, it is difficult, if not impossible, to have sustainable development in our country.

overhead bridges provided for their safety. Equally disturbing is the fear of head-on collision with motorists who drive against the traffic without regards to the great risk they pose to other road users. Why has the Federal Road Safety Corps (FRSC) not deemed it necessary to address the nuisance being perpetuated on the Airport Express Way and that of Kubwa? The roads leading into the capital city from Zuba and Keffi axis expose visitors to the slumps and squalor dwellings of Abuja. The Keffi dual carriage way now serves as a dumping ground for refuse. The situation of the Zuba road which has the Zuma Rock tourist site is equally filthy. This kind of attitude does not support development. The inhabitants of these settlements should organise themselves to watch over their environment to ensure that refuse is only dumped in designated collection points. The Nasarawa State Government is doing its best but the sheer huge population of these settlements namely; Marraba, One Man Village, New Nyanya, Ado, Karu and Masaka present a great challenge which calls for all good hands to be on deck to tackle this problem. This is just one example of the numerous challenges facing our country. Government alone cannot address all the problems. It is therefore necessary for all Nigerians to join hands with the government of President Muhammadu Buhari to tackle the numerous challenges facing our country. With each one of us contributing positively in his or her little corner and by so doing bring CHANGE to our fatherland. Mrs Rahila A. Ahmadu, Asokoro, Abuja

FOREX FOR NIGERIAN STUDENTS ABROAD

hanks for this brilliant contribution to this discourse. One of the despicable attributes of the Goodluck Jonathan’s administration was their inability to think through their policies. This Buhari administration, sadly is taking it a notch higher. It seems to me the gentleman is running a solo government! All his cabinet members are scared of him and watch his ‘body language ‘ before arranging their thoughts lest they are seen as not being loyal. Sad. If the government has provided good schools, anyone who chooses to go abroad does so at his or her own cost. When I went to university in 1980, only those who could not compete at JAMB travelled abroad. Now, the universities are shadows of their former selves and yet this ‘change’ government is not perturbed . Instead of encouraging parents to assist government ensuring the future of our country, the government is scuttling the future. Terrible! As you said, the Chinese, in spite of the fact that they have good education system have a large number of their students studying in the United States, Canada, Europe, etc. Our government should not only maintain status quo as regards the forex policy but should give massive scholarships in the best schools abroad for our brilliant kids even from indigent homes. Jude Anyigbo, Lekki, Lagos

T H I S D AY • TUESDAY, MARCH 22, 2016

POLITICS

Group Politics Editor Olawale Olaleye Email wale.olaleye@thisdaylive.com 08116759819 SMS ONLY

EXECUTIVE BRIEFING

Checkmating EFCC’s Impunity If the Economic and Financial Crimes Commission thinks it is doing well in its war against graft, the judiciary certainly does not share the same view, writes Davidson Iriekpen

ndications that the judiciary is presently not happy with the way and manner the Economic and Financial Crimes Commission (EFCC) is prosecuting its war against corruption emerged last week, when Justice Yusuf Haliru of the Abuja High Court ordered the anti-graft agency and the Nigerian Army to release Colonel Nicholas Ashinze, former military assistant to the embattled National Security Adviser, Colonel Sambo Dasuki (rtd). Ashinze was arrested on December 23, 2015 just before making arrangements to resume at his new duty post as Nigeria’s Defence Attaché in Germany, and has since been in detention. The judge, in his judgment, directed the respondents to immediately release the applicant on self-recognition, saying his detention for over three months without trial was “illegal, wrongful, unlawful and constituted a blatant violation of the fundamental rights of the applicant.” He also ordered the immediate release of documents and items the anti-graft agency seized from the house of the applicant. Justice Haliru, who was seriously angered by the actions of the respondents in the suit, cautioned the EFCC, the Army and Attorney General of the Federation not to act as if Nigeria was still under military dictatorship. “The EFCC is a creation of the law. The court will not allow it to act as if it is above the law. It is remarkable to note that the motto of the EFCC is that nobody is above the law, yet they are acting as if they are above the law. The EFCC Act is not superior to the Constitution of the Federal Republic of Nigeria. The respondents in this matter have not behaved as if we are in a civilised society. They have behaved as if we are in a military dictatorship, where they arrest and release persons at will.” The judge went further to stress that the constitution stipulated that any person so detained should be charged to court within reasonable time not exceeding two days from the date of arrest. He stressed that under Section 36 of the 1999 Constitution, as amended, an accused person is deemed innocent until his guilt is established. The judge asked rhetorically: “Why has the first respondent (EFCC) kept the applicant without bringing him to court? Why was the

The EFCC is a creation of the law. The court will not allow it to act as if it is above the law. It is remarkable to note that the motto of the EFCC is that nobody is above the law, yet they are acting as if they are above the law. The EFCC Act is not superior to the Constitution of the Federal Republic of Nigeria

Magu...a flawed approach

applicant, being a serving military officer, who could be easily reached, not granted administrative bail? Or is it that the applicant has been found guilty and already serving his jail term? “Nobody should be subjected to the whims and caprices of the EFCC. The essence of the rule of law and constitutional provisions is to ensure a just balance between the ruler and the ruled, between the powerful and the weak. Though the EFCC has the responsibility to investigate financial crimes, it must however conduct its operations in accordance with the rule of law. “The court is empowered to guard against improper use of power by any member of the society or agency, EFCC inclusive. The detention of the applicant, for all intent and purposes, is not just unfair but unfortunate. We all support the fight against corruption but it must not be done with utter impunity and disregard to rule of law. The right to personal liberty is guaranteed every citizen of Nigeria by our constitution. “Why has the first respondent failed to bring the applicant to court since December 2015? Is it that the first, second and third respondents already sentenced the applicant to jail in their own court. The continued detention of the applicant since December is a blatant violation of his fundamental human right.” Sensing that the EFCC was already acting with impunity in its campaign against graft, the same judge had last month ordered the commission to release Col Ojogbane Adegbe, former aide de camp (ADC) to former President Goodluck Jonathan. Adegbe, who before then had spent 20 days in the custody of the EFCC, had filed a fundamental rights enforcement application against the commission through his lawyer, Ogwu Onoja, SAN wherein he specifically sought his release from the custody. In its judgment, the court further ordered that Adegbe be granted bail in liberal terms forthwith pending his arraignment in a court of competent jurisdiction instead of being detained indefinitely. It wondered why the anti-graft commission would refuse to grant administrative bail to the applicant until an action was instituted against it. Ruling on the application, the judge

declared the detention as unconstitutional, illegal and in breach of provisions of Section 35 of the 1999 Constitution. He directed the anti-graft agency to grant bail to the former ADC. He noted that his detention “is most an aberration” and sought to know whether the EFCC has reduced itself to the status of a police station or detention facility of the Nigerian Army. “From the affidavit in support and against the application, it is a fact that the applicant was under the custody of the EFCC.” Justice Haliru stated that fundamental human rights entrenched under Chapter 4 of the 1999 Constitution is not an outlet for those whose hands are soiled to escape punishment but an outlet for those whose rights are trampled upon to get Justice and freedom. He described the EFCC as dancing “makossa dance” based on its position that it was the army that invited Ojogbane for questioning in one breathe and that his detention was at the instance of the Nigerian Army. The two judgments above are a reflection of the way judges feel towards the present administration. Before the judge expressed his anger against the impunity perpetrated by the EFCC, investigation by THISDAY gathered that there was a growing anger in the judiciary against President Muhammadu Buhari over his continued flouting of court orders and his tendency to treating the third arm of government as an appendage of the executive arm. It is no longer news that one of the mantras upon which President Muhammadu Buhari rode to power on May 29 was the complete eradication of corruption in the country. And since he assumed office, the president has not left any one in doubt that he was committed to the course. Buhari as military Head of State from January 1, 1984 to August 24, 1985, was able to tackle corruption with help of decrees and military tribunals. While under the decrees, suspects were detained arbitrarily, the same cannot be said to be the case presently in the country in a democracy, where the trial of suspects is based on civil laws and the conventional courts. Under the present democratic setting, the institutions saddled with investigating

corruption are the EFCC, Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Code of Conduct Bureau (CCB) while the courts – Federal and state High Courts and Code of Conduct Tribunal (CCT) – are where those culpable are arraigned for trial. Unfortunately, these institutions created by the law of the land have not only turned themselves to terror gang, they frequently detain and flout court orders, thereby making those arrests on the grounds of reasonable suspicion. Many analysts believe that the highhandedness of the EFCC and the Department of State Services (DSS) might not be unconnected with President Buhari’s hidden dissatisfaction with the judiciary that it could frustrate his plans to stem corruption in the country. It was gathered that judges were getting embarrassed by the incessant abuse of the rule of law by government agencies like the EFCC and DSS, which ostensibly have been acting on the orders of the president to continue to detain accused persons granted bail or not arraigning others within the 48 hours legal window. It was this dissatisfaction with the executive that recently informed the decision by the Chief Judge of the Federal Capital Territory (FCT), Justice Ishaq Bello, to order magistrates in the FCT to desist forthwith from granting remand orders to the EFCC. Before the new approach of no bail at all, the EFCC had relied heavily on FCT Magistrates’ Courts for remand warrants to justify its continued detention of suspects being investigated for corruption and other economic crimes. The commission had obtained a detention warrant from the Magistrates’ Court in the FCT to enable it keep the National Publicity Secretary of the Peoples Democratic Party (PDP), Chief Olisa Metuh, in its custody pending the conclusion of its investigation, and Metuh ended up staying in detention for three weeks before he was charged to court. The same treatment was meted out to Dasuki, who was granted bail by the court after he arraigned by the EFCC and was rearrested by the DSS all in the attempt to ensure that his freedom was stalled. THISDAY investigation revealed that it was in the bid to curtail the impunity that has characterized the activities of the anti-graft agencies and other security organisations that the Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, penultimate weekend directed judges handing corruption cases to hear such matters speedily. Mohammed said the National Judicial Council (NJC) would henceforth descend heavily on any trial judge found to have stayed proceeding on any criminal matter before his court. The arbitrariness of the federal government was further displayed recently, when on March 5 officials of the DSS invaded the Ekiti State House of Assembly and took away four lawmakers. Since then, the lawmakers have been in detention without being charged to court. While investigation revealed that the lawmakers were arrested for alleged murder, destruction of government property, tax evasion, fraudulent procurement of judgment, attacks on courts and judges, fraudulent diversion of reimbursement on federal roads, subversion of electoral process, violence, among others, many are wondering how any of these allegations warranted the DSS action which can only be interpreted as the voice of Esau and hand of Jacob?

T H I S D AY • TUESDAY, MARCH 22, 2016

ONTHEWATCH

Imo PDP and the Battle for 2019

The Imo State chapter of the Peoples Democratic Party is struggling to find her feet in order to reposition for 2019, writes Amby Uneze

or a political party that once prided herself as the “biggest party in Africa” to be struggling for a position it had maintained for many years is interesting. This is so because, politics the world over dwells on ideology, strategy, planning, maneuvering and scheming. The political party that outwits the other ordinarily takes the upper-hand. That is the situation in Imo state today. When in 2011, PDP lost the governorship seat to the All Progressives Grand Alliance (APGA) and then to the All Progressives Congress (APC) four years later (2015), the party felt its world had ended. But then it is in the process of picking up her pieces together and planning ahead in order to possibly reclaim what used to be hers. PDP had taken the lead in the state right from the advent of the third republic in 1999. For twelve years of the beginning of the nascent democratic dispensation in the state, the party was looming large and so was devastated when due to the fault of some elements in the party, it lost her position. The party has since suffered defeat in the hands of a less-fancied political party, while rebuilding the house has been meeting some drawbacks. But some die-hard pillars of the party that had remained her soul over the years had swung into action to remove the obstacles along the way to her progress. It is a general assumption that the level of preparation to the 2015 general election carried out by the party’s standard bearer for the gubernatorial election, Chief Emeka Ihedioha was second to none. The PDP was a party to beat in that election and everything that needed to be done for the party to win the election was put in place. But regrettably, it lost at the end. The ‘why’ and ‘how’ PDP lost that election were the questions everybody asked. However, it was observed that incompetence and anti-party activities on the part of the leadership was a major contributory factor. Having been inundated with facts of what led to the party losing the governorship election, coupled with the fact that the state working committee of the party had outlived her tenure and had transmuted into a caretaker committee, the elders and stakeholders of the party decided to appeal replace the caretaker committee with a new body pending the congress which comes up soon. This appeal was considered based on its merits, more so, when the national working committee, elders and stakeholders of the party in the state want to put their house in order not to be taken unawares any longer. It is believed that the Chief Nnamdi Anyaehieled SWC/CTC has overstayed its welcome in office as a continuation of the tenure of the last congress, which expired in October 30, 2014. Through the benevolence of the NWC and the approaching party primaries as at then, the tenure was extended for three months in line with party constitution. Ordinarily, the three months’ extension expired by February 2015, and since the election proper was just around the corner, the CTC was allowed to function till after the election. “But for the benevolence of the National Working Committee and plea from Stakeholders from Imo State, with Rt. Hon. Emeka Ihedioha, then Deputy Speaker, House of Representatives as the arrow head, they were converted into Caretaker Committee at all levels (State, Local Government and Wards). “It was reasoned then that if we go ahead with fresh Congress, it would further polarise the party, especially as the party primaries at all levels (presidential, governorship, senate, House of Representatives, and states House of Assembly was around the corner,” a chieftain of the party stated. The constitution of the party stipulates that caretaker committee lasts for three months. In other words, they would have left by the end of February 2015. Ever since, the party went into comatose, no thanks to the loss of presidential and governorship elections and they have been in office as caretaker committee for over one year.

Ihedioha acknowledging cheers from supporters dureing one of his campaign rallies

But the National Working Committee in their conviction, decided to appoint a 16-man caretaker committee, led by Hon. Vitalis Okafor on January 29, 2016 and had since commenced work immediately. Anyaehie and his committee were communicated accordingly via a letter from the National Secretariat signed by the National Secretary, Chief Olisha Metuh. According to the Publicity Secretary of the new CTC, Dr. Chidi Onuoha, “our activities for the past one month were centered on consultations with various stakeholders across the three senatorial zones of the party: Orlu, Okigwe and Owerri. “In one of our meetings at the state Secretariat, Okigwe Road, Owerri to intimate stakeholders with our findings from the various consultations and sensitization for the forthcoming Congress,

The meeting came up with a template for an all-inclusive leadership meeting to hold in Imo State under the leadership of Governor Dickson. Interpersonal issues were amicably settled and the meeting ended on a harmonious note. It was resolved that all members would work as a team in moving the party forward, while noting that all feuding camps and structures would coalesce in the overall interest of party

the former chairman, Anyaehie threw decency to the winds by upturning the tables and chairs with his hired thugs, thereby disrupting our meeting. “It was also a thing of surprise that Anyaehie and few of the executive members took the party to Orlu High Court, Imo State on February 4, 2016, challenging their dissolution and the matter is now before the court. In the magnanimity, of the National Chairman, he told Senator Hope Uzodinma and Rt. Hon. Emeka Ihedioha that he will like to have a meeting with Imo stakeholders at the Secretariat on Tuesday, 8th March, 2016, which he did. “On the said day of the meeting, the Chairman expressed his displeasure to a publication in a local tabloid in Imo, purporting that he had dissolved the Imo State Caretaker Committee and that he had no powers to do so because they were appointed by the National Working Committee and ratified by the National Executive Committee (NEC).” He listened to the views of Imo Critical Stakeholders and promised to set up Reconciliation Committee to be headed by Governor Seriaki Dickson of Bayelsa State to reconcile all interests in the state. He also said the party would soon set up a State Congress Committee that may not necessarily come from Imo State to liaise with the State Caretaker Committee and conduct a free, credible and transparent primary for the party in the state. In an effort by the NWC of the PDP to unite its membership and strengthen the party in the state, the state chapter of the party last week resolved to work together as a party in order to have a peaceful congress coming soon. The meeting midwifed by the Governor Dickson at the Bayelsa lodge in Asokoro, Abuja was at the instance of the Acting National Chairman, Senator Ali Modu Sheriff. The chairman had on March 8, 2016 set up a peace and reconciliation committee headed by Dickson. The committee swung into action on March 9th by convening a meeting of leaders and elders of PDP in Imo State at the Bayelsa State Governor’s Lodge, Asokoro. In attendance were two former governors of the state, Chief Achike Udenwa and Chief Ikedi Ohakim; the former deputy speaker of the House of Representatives and Imo State governorship candidate of PDP in 2015, Hon. Emeka Ihedioha; three serving senators – Senator Hope Uzodinma, Senator Samuel Anyanwu and Senator Athan Achonu; former senators, former ministers and ambassadors, all former

state chairmen of the party led by the pioneer chairman, Chief Innocent Nwoga and other leaders. In a communique reached at the end of the crucial meeting, the leaders pledged their total loyalty to the PDP NEC/NWC as well as commended the national chairman for envisioning the meeting. They also thanked Governor Dickson for convening the meeting and for working so hard to resolve the crisis bedeviling the state party. The leaders/elders congratulated Sheriff on his emergence as national chairman and vouched for his ability to reposition the party. Other issues discussed ranged from the leadership of the party in the state to the upcoming national convention and congresses and the need for peace and harmony in the party. The meeting came up with a template for an all-inclusive leadership meeting to hold in Imo State under the leadership of Governor Dickson. Interpersonal issues were amicably settled and the meeting ended on a harmonious note. It was resolved that all members would work as a team in moving the party forward, while noting that all feuding camps and structures would coalesce in the overall interest of party. Further, they resolved that the upcoming congresses would be conducted in a free and fair manner in line with the constitution of the party. The meeting concluded that all members, elders and leaders of the party should unite and work for the victory of the party’s Imo North senatorial candidate, Senator Athan Achonu in the March 19 rerun election. Meanwhile, the Okafor-led CTC has maintained that the party must move forward in order to reclaim the state come 2019. Other members include Mr. Martin Ejiogu (Deputy Chairman), Mrs. Vivian Echeruo (Secretary), Chief Fabian Ogbonna, Dr. Chidi Onuoha, Chief Peter Ezenwa Orji, Chief Isaac Anyiam, Innocent Ikpamezie, Chief Henry Onwukwe, Chief Eze Ugochukwu, Hon. Okechukwu Dike, Mr. Roy iwuala, Chief Ugochukwu Nnawuihe, Hon. Emma Dike, Mr. Bon Unachukwu and Chief Mrs. Josphine Nnoaham. The list of the new CTC, according to stakeholders, who spoke to THISDAY are people that had sacrificed for the party and are still willing to contribute their quote to the growth of the party. “We are very satisfied with the caliber of people selected to midwife the forthcoming congress. They have paid their dues to the growth of the party,” they said.

T H I S D AY • TUESDAY, MARCH 22, 2016

TRIBUTE

As Alamieyeseigha Finally Goes Home Segun James pays yet another tribute to former Bayelsa State governor, Diepreye Alamieyeseigha, who will be buried next month

o recounting the history of the Niger Delta nay Nigeria will be credible without the listing of Chief Diepreye Solomon Peters (DSP) Alamieyeseigha aka Alams, the first executive governor of Bayelsa State and from all indications – even in death – one of the most enigmatic politicians to have emerged from the region since the forth republic. Since his controversial return from overseas, where he had in a most surprising way, jumped bail and mysteriously found his way to the Government House in Yenagoa, the state capital, Alams had drummed it on the ears of whoever cares to listen that there are two entities you cannot fight: God and Government. Doing so is at your own peril. He sounded it as a warning to whosoever is at daggers drawn with government that it is a war you can never win. He always made it a habit, citing his experience and that of former Governor Timipre Sylva as example of those, who had fought government and lost. Until a few weeks ago, when plans for his burial was announced by the Bayelsa State Government, doubt had trailed the death of the flamboyant former governor as rumour was pervasive that he might have faked his own death in order to evade an extradition request allegedly made by the British Government for his repatriation back to the United Kingdom for jumping bail several years ago. But on the contrary, Alamieyeseigha is truly dead. The former governor died at about 4.30pm on the 10th of October, 2015 at the University of Port Harcourt Teaching Hospital. He was rushed to the hospital two days earlier following complications to his health. He was said to have slipped into coma soon after his hospitalisation, a complication from which he never recovered as he was pronounced dead two days later. Popularly known as Governor-General of the Niger Delta, Alams was 62 years old. Alameiseigha was pardoned by the administration of President Goodluck Jonathan, following his conviction for corruptions as Governor of Bayelsa. He had been managing some health challenges, which were aggravated by the death of his second son in Dubai in 2013. These health conditions however worsened following the request by the British Government for his extradition back to where he escaped some 10 years ago. Following the request for his extradition, the Ijaw Youth Council (IYC) rose in his defence and rejected the request, saying it was politically motivated and instigated by the Buhari-led federal government. “The government of the United Kingdom is just being used as a subterfuge. The real brain behind the extradition request is some key players in the Nigerian government – former President Obasanjo, who wants to punish Chief Alamieyesegha for his recent statements on his ordeal in the past and because of Chief Alamieyesegha’s consistent opposition to the ruling party,” the IYC cried. Former President Dr. Goodluck Jonathan, in an emotion-laden voice after the death of Alams was announced, said he would remain forever grateful to the former governor for the role he played in his life. The former president, who chronicled his adventure into politics, said for Alams’ singular effort, his emergence as a politician which eventually culminated into his becoming the president of the country for almost six years would not have been possible. Jonathan said, “Without Alamieyeseigha, nobody would have known Jonathan today. I never thought I can even become a Commissioner,” adding that peace was paramount to the development and growth of any nation, rather than political crisis that could cause chaos and anarchy. Reminiscing on his early political life with Alamieyeseigha, Jonathan said he and his wife, Dame Patience would remain appreciative of the love and support demonstrated by Alams and his wife, Margaret.

Alamieyeseigha...it’s good night!

Alams was a man with high taste and vaulting ambition. This is obvious in the several projects he built in the state in the six years that he was governor. One project that almost brought him at loggerheads with his then deputy, Jonathan, was the Gloryland Castle governor’s lodge. The structure was designed after the Buckingham Palace residence of the Queen of England and just as grandiose – a project Jonathan considered a waste and unnecessary. After Alams was impeached, Jonathan

No recounting the history of the Niger Delta nay Nigeria will be credible without the listing of Chief Diepreye Solomon Peters (DSP) Alamieyeseigha aka Alams, the first executive governor of Bayelsa State and from all indications – even in death – one of the most enigmatic politicians to have emerged from the region since the forth republic

refused to have anything to do with the project and abandoned it. It took Governor Timipre Sylva to complete it. Sylva cried that Alams had spent over N5bn on the castle and it would amount to a waste of resources if the project was not completed and deployed to use. And just as Jonathan suspected, even Sylva and his successor, Henry Seriake Dickson never moved to the castle. Now, Dickson has proposed that the building be converted to a five star hotel with a golf course. Alamieyeseigha was born on November 16, 1952 in Amassoma, Southern Ijaw Local Government Area of Bayelsa State. He attended the Bishop Dimeari Grammar School, Yenagoa and joined the Nigerian Defence Academy as a Cadet Officer in 1974. He later joined the Nigerian Air Force, where he served in the department of Logistics and Supply. He held various air force positions in Enugu, Makurdi, Kaduna and Ikeja. Alamieyeseigha retired from the air force in 1992 as a Squadron Leader. After leaving the air force, he became the sole administrator of Pabod Supplies, Port Harcourt and later became Head of Budget, Planning, Research and Development of the National Fertiliser Company (NAFCON). He was elected governor in May 1999 as a member of the ruling Peoples Democratic Party (PDP) and re-elected in 2003. But not long after his re-election, his challenges and graft prosecution started. Alamieyeseigha was detained in London on charges of money laundering in September 2005. At the time of his arrest, Metropolitan police allegedly found about £1m in cash in his London home. Later, they found a total of £1.8m ($3.2m) in cash and bank accounts. He was also said to own real estate in London worth an alleged £10 million. His state’s monthly federal allocation for the six years that he was governor has been in the order of £32 million. He however jumped bail in December 2005 from the United Kingdom by allegedly disguising as a woman, though Alamieyeseigha denied the claim. He was however impeached on allegations of corruption on December 9, 2005. On July 26, 2007, Alamieyeseigha pleaded guilty before a Nigerian court to six charges and was sentenced to two years in prison on

each charge. But because the sentences were set to run concurrently and the time was counted from the point of his arrest nearly two years before the sentences, his actual sentence was relatively short. Many of his assets were ordered to be forfeited to the Bayelsa State Government. According to Alamieyeseigha, he only pledged guilty due to his age and would have fought the charges had he been younger. On July 27, 2007, just hours after being taken to prison, he was released due to time already served. In December 2009, the federal government hired a British law firm to help dispose of four expensive properties acquired by Alamieyeseigha in London. He was said to have bought one of the properties for £1,750,000.00 in July 2003, paying in cash. Alamieyeseigha used the property as his London residence, and as the registered office of Solomon and Peters Inc. On June 28, 2012, the United States (US) Department of Justice (DoJ) announced that it had executed an asset forfeiture order on $401,931 in a Massachusetts brokerage fund, traceable to Alamieyeseigha. US prosecutors filed court papers in April 2011, targeting the Massachusetts brokerage fund and a $600,000 Maryland home, which they alleged were the proceeds of corruption. A motion for default judgment and civil forfeiture was granted by a Massachusetts federal district judge in early June 2012. The forfeiture order was the first to be made under the DoJ’s fledgling Kleptocracy Asset Recovery Initiative. But on 12 March 2013, Alamieyeseigha was pardoned by President Goodluck Jonathan. His pardoning, however, was criticised by many. Alamieyeseigha died of cardiac arrest on October 10, 2015. However, in a later interview, Bayelsa State Information Commissioner, Esueme Kikile revealed that the former Governor “died of complications arising from high blood pressure and diabetes, which affected his kidney.” As Alams finally goes home this weekend, one thing that is agreed to by nearly politicians in the once volatile state is that Alams was a colossus that bestrode the polity of the state and his flamboyance will be sorely missed.

T H I S D AY • TUESDAY, MARCH 22, 2016

PERSPECTIVE

Reverse Psychology, Nigeria and the Trump Factor The challenge posed by Donald Trump’s candidacy, which in spite of his controversial rants still boasts a huge following in the race to the White House, bears a striking semblance with President Muhammadu Buhari’s ascendancy to the presidency, reckons Reno Omokri

n my opinion, recent events in the United States point to a very telling reality: Republican leaders do not understand reverse psychology. The mood in America right now is like an angry young man. Donald Trump is like a beautiful but controversial woman. Republican leaders are like parents clashing with the angry young man and ordering him not to marry the controversial beauty. The more hard-line the parents are, the more attracted the angry young man would be to the controversial beauty. All this time, the controversial beauty is saying all the right sweet nothings into the ear of the young man, who is eager to eat the bearded meat that his parents forbid for him. How do I know this? Because this is all Déjà vu to me! In my native Nigeria, we saw this phenomenon play itself out. Many young Nigerians were too young to remember the days when a certain dictator seized power through the barrel of guns and pronounced himself military head of state on the eve of New Year’s Day 1984. They could not remember how soldiers brutalised ‘bloody civilians’ because they were either not born or were too young to cognize happenings around them. They did not live through a time, where the promised utopia became a dystopia in which erratic and draconian currency control and economic policies drove away foreign investors already in the country and scared away those, who had announced plans to invest. In which the value of the currency plummeted and the value of human life went in the same

Buhari

direction. They had no clue of the runaway inflation that erupted after Nigeria had lost her credit worthiness or the long lines for ‘essential commodities’. Stories of how the media was muzzled and truthful free speech was criminalised were like tall tales to these youths. Today, many of them are angry at Trump for his suggestion that he would deport 11 million illegal immigrants yet won’t believe if you tell them that Nigeria deported 700,000 Ghanaians between 1984 and 1985. When they were told about how certain disfavored politicians were targeted and tried and retried and tried the third time just to get a conviction. They branded their tellers liars. This was the stage that was set when their elders told them that a dictator may grow old

but he does not grow democratic. They refused to listen and the more they were warned, the more they found what they were warned about seductively attractive. And so the wedding held and the marriage was consummated and it was not long before the things that their elders warned them about began to manifest. But by then it was too late for them to grasp that what their elders could see sitting down remains unseen to them even if they climb a tree. On social media, I came across a youth, who disavowed the Nigerian President, Muhammadu Buhari, for his UK Telegraph interview, where he said inter alia that “Some Nigerians claim is that life is too difficult back home, but they have also made it difficult for Europeans and Americans to accept them because of the number of Nigerians in prisons all over the world accused of drug trafficking or human trafficking”. What was worse was the headline in the Telegraph which screamed ‘Nigerians’ reputation for crime has made them unwelcome in Britain, says country’s president’ As I read the youth’s vituperations, I urged him to download a song entitled ‘Beast of No Nation’ by Fela Kuti and listen to it to find out if anything in that song reminded him of the comments of President Muhammadu Buhari for which he was complaining. He returned some 4 hours later and recited a line from that song which goes thus ‘my people are useless, my people are senseless, my people are indiscipline”. ‘Who do you think Fela Kuti was quoting’ I

asked him? The answer to that question proves what psychologists have been propagating for decades namely that ‘time changes but human nature does not change’! While the situation in Nigeria is not exactly the same as in America, if I were to give my two cents, it would be to advise the GOP establishment to stop fighting Donald Trump. The more they do, the more they make him attractive. Now, except that is their true intention (selling him to America) they really ought to soft pedal on their objections to his candidacy. Just four days ago, rap icon, Foxy Brown, revealed her admiration for Trump. Asked why she admired him, Foxy Brown (real name Inga Marchand) said “No matter how many people sabotage his campaign, it keeps growing and growing and growing.” Sound familiar? Now, this is exactly my point. Here you have a life-long Democrat, in the person of Foxy Brown, expressing a soft spot for Trump not because of his policies, not because of his personality, not because of his wealth and not even because of his party. The only reason she supports him is because “many people (want to) sabotage” him. It goes back to the Garden of Eden. When a fruit is forbidden, it becomes all the more attractive. In 2016, Donald Trump is the forbidden fruit! -Omokri, host of Transformation with Reno Omokri, is the founder of the Mind of Christ Christian Center in California, the USA

A Silver Lining for Saraki The corruption case against the Senate President, Dr. Bukola Saraki may end soon and in favour of the number three citizen. Segun Olutona writes

t appears that the drama that has surrounded the prosecution of the Senate President, Dr. Bukola Saraki at the Code of Conduct Tribunal is about to end abruptly in an anti-climax. Anyone who followed the reports emanating from the sitting of the Code of Conduct Tribunal last week would not but wonder if those, who had waited anxiously for the beleaguered Senate President to kiss the dust have after all, waited in vain. Shortly after emerging as Senate President in June last year, Dr. Saraki was dragged before Code of Conduct Tribunal by the federal government on a 13-count charge centered largely on false declaration of assets in relation to his time as Governor of Kwara State between 2003 and 2011. At the commencement of the trial, he failed to appear before the Tribunal twice. However, after he was threatened with a bench warrant, he decided to honour the invitation, only to launch a spirited challenge at the jurisdiction of the tribunal as well as its composition. He took his case from the High Court, through the Federal Court of Appeal and all the way to the Supreme Court. He lost at every stage as all the courts threw out his grounds for objection and ruled that he must face trial. Saraki’s enemies had roundly celebrated his inability to stop the trial and believed that they finally had the former government where they wanted him. Saraki himself had publicly claimed that his trial was political and had nothing to do with a fight against corruption. Even his most ardent detractor would be forced to agree with him. After all, it would be difficult to dismiss as sheer co-incidence that his ordeal at the CCT was coming just after he defied some powerful interests within his ruling All Progressives

Saraki

Congress (APC) to emerge Senate President on June 9, 2015. However, this did not translate into serious sympathies for the embattled lawmaker, especially among his political opponents in the National Assembly and within the party hierarchy. Even though a majority of the Senators had demonstrated their staunch support for him, which they have repeatedly expressed by trooping with him to the Tribunal each time the case came up, not a few people believed that Saraki was fighting a lost battle. What more, the combative prosecution counsel, Rotimi Jacobs had left no one in doubt that he was not only capable of proving the charges against Saraki, he was also determined to see him punished accordingly. Despite Saraki’s army of Senior Advocate of Nigeria, Jacob had been the star of the game. Each time he spoke, the Tribunal listened and even at some point, appeared too willing to do his bidding. On one occasion, Saraki’s lawyers had to walk out in protest after what they thought was an obvious bias by the Tribunal

chairman, Danladi Umar, against their client. However, all these appeared to have changed. Since Saraki brought in the former Attorney General of the Federation, Kanu Agabi, SAN, to anchor his defence, the table had dramatically turned. Jacob was no longer the star of the Tribunal. Beside Agabi, who was said to be his mentor and benefactor, Jacob seemed to have paled in confidence and competence. The first indication that the prosecution’s case had started to fall apart came last week, when it was reported that the federal government was considering amending some of the charges against Saraki. According to the reports, the government was planning to drop counts 11 and 12, which accused the Senator of operating a foreign account as a public official in violation of the law guiding the conducts of public officers in the country. The prosecution was said to have come to the realization that the numbers quoted in the charges as those of the Senator’s foreign bank accounts were actually credit card numbers. They found that the American Express Services Europe Limited, which issued the card was different from the American Express Bank. While the latter was a money deposit full-fledged commercial bank, the former was a credit/debit card services operating company only. Since the story broke last week, many commentators had wondered how the prosecution could be so sloppy on such a high profile case. After all, a simple check with the American Express at the commencement of the trial would have clarified that the numbers were not those of a bank account. This grave error seems to suggest that perhaps in their hurry to nail Saraki, the prosecution did not do its basic homework. However, even as bad as this appeared, worse was to come.

At the sitting of the Tribunal last week Friday, the defence counsel, Agabi asked the Tribunal to dismiss the case and set his client free because a major condition for bringing a case to the Tribunal was not fulfilled. He cited Section 3(d) of the Code of Conduct Bureau and Tribunal Act, which says before any case could be referred to the Tribunal, the public officer concerned must be invited and given the opportunity to either deny or confirm any discrepancies observed by the bureau in his assets declaration. He argued that in the Saraki case, this condition precedent was not fulfilled as his client was never invited by the Bureau before he was dragged before the Tribunal. Perhaps, more significantly, he referred the Tribunal to its own ruling in an identical case that involved a former governor of Lagos State, Bola Tinubu, in 2011. Just like Saraki, Tinubu had also been dragged before the Tribunal for violating the code of conducts Act. However, the same Chairman of the Tribunal, Justice Umar had dismissed the case on the grounds that the condition precedent under section 3(d) was not fulfilled. It was this ruling that Agabi relied on when he asked the Tribunal to discharge his client, because, as he said, “what was good for the goose, should also be good for the gander.” Rotimi Jacobs, however, countered that the CCT ruling in the case of Bola Tinubu as an error and should not be used as judicial precedence to grant Agabi’s request. Legal experts are however of the opinion that with this line of argument, Jacob may have fatally injured his case. -Olutona wrote from Ilesha in Osun State READ FULL TEXT ONLINE

TUESDAY, MARCH 22, 2016 • T H I S D AY

FEATURES

Acting Features Editor Charles Ajunwa Email charles.ajunwa@thisdaylive.com

The Burden of Climate Change The rise in global temperatures will impact Nigeria in a big way, and the House of Representative’s Committee on Climate Change has a big task at hand, in terms of cushioning the country against the consequences, writes Solomon Elusoji

The Lake Chad Basin has receded by 90 per cent

n December 2015, the largest ever single-day gathering of heads of state was achieved in Paris, France. About 150 presidents and prime ministers, from every part of the world, had come to attend the 21st session of the Conference of the Parties to the United Nations Framework Convention on Climate Change (COP 21), to rub minds on a particularly distressing issue – climate change. At the end of conference, history was made, as nations of the world came to a consensus to limit global temperature increase to well below two degrees Celsius. Interestingly, the Nigerian President, Muhammadu Buhari, was part of the historic conference. Although Nigeria is not one of the top emission producing countries in the world, the impact of climate change means that the country has to pay attention to what happened in Paris. Currently, the country is experiencing adverse climate conditions with negative impacts on the welfare of millions of people. Persistent droughts and flooding, off season rains and dry spells have sent growing seasons out of orbit, on a country dependent on a rain fed agriculture. Alarm bells are ringing with lakes drying up and a reduction in river flow in the arid and semi arid region. The result is fewer water supplies for use in agriculture, hydro power generation and other users. For example, Lake Chad used to provide means of livelihood for over five million people, either for fishing or irrigation farming. But over time, due to the inaction and lack of determination to confront the problems that was staring its dependants in the face, nations allowed Lake Chad to continue to dry up. The effect of that drying up

is that farmers, fishermen, other artisans that previously depended on Lake Chad for means of livelihood now poured into nearby cities like Maiduguri and some cities in Yobe, looking for a way to survive. But

President Buhari

Although Nigeria is not one of the top emission producing countries in the world, the impact of climate change means that the country has to pay attention to what happened in Paris. Currently, the country is experiencing adverse climate conditions with negative impacts on the welfare of millions of people

these people were not equipped to live in cities. And to live, anybody who gives them food became their master, their god. That was how these individuals became murder weapons in the hands of terrorists. The encroaching Sahara Desert that is racing down around one mile per annum has also depleted the grazing area previously depended on by herdsmen for feeding their cattle. These areas have dried up, as desertification kicks in. And the country has not been able to arrest these things. The result is that the herdsmen are moving southwards, looking for areas where they can graze and feed their stock. Now, instead of grazing areas prepared for that purpose, they now come to graze in the farms. They destroy crops that took farmers months and years to prepare. This has led to the regular violent confrontations involving Fulani herdsmen. This is why it has been said that climate change has varied implications, among which

are national security, health, famine, and even malnutrition; because if people cannot get what to eat, they eat things that are not good for them. In January 2016, President Buhari addressed the World Future Energy Summit at Abu Dhabi and pointed out some of the tragic effects of climate change. “Africa is already suffering from the consequences of climate change, which include recurrent drought and floods,” he said. “In the middle and southern part of Nigeria, land erosion threatens farming, forestry, town and village peripheries and in some areas, major highways. Constant and abrupt alteration between floods and droughts prove that climate change is real and therefore a global approach and cooperation to combat its effects are vital if the human race is not to face disaster in the 21st century.” The problems that are caused by Climate Change, as outlined above, are numerous and complicated. This was why a Committee on Climate Change was created at the Federal House of Representatives. The Committee’s jurisdiction covers the provision of oversight for structures, institutions, laws and policies that make up Nigeria’s response to Climate Change; ensuring accountability on Climate Change issues, and ensuring legislatives scrutiny and oversight over treaties and agreements that are likely to arise from the coordinated efforts under the United Nations Framework Convention on Climate Change The committee is headed by Hon. Sam Onuigbo, who represents Ikwuano/Umuahia North/South Federal Constituency. In an exclusive interview he granted THISDAY in Lagos, recently, Onuigbo noted that it

IMAGES

L-R: Admin Officer 1, National Lottery Regulatory Commission, Calabar Chapter, Ebri Onen; Regional Manager, South South 2, Skye Bank Plc, Nseobot Willie ; Admin Officer 2, National Lottery Regulatory Commission, Calabar Chapter, Eta Ebikaboere and Group Head, Retail Banking , Skye Bank Plc ,Nkolika Okoli at the Bank’s “Reach For The Skye” reward draw held in Watt Market, Calabar, Cross Rivers State.... recently

L-R: Special Adviser, office of Overseas Affairs and Investment, (Lagos Global), Prof. Ademola Abass; Lagos State Commissioner for Justice and Attorney General, Mr. Adeniji Kazeem; his counterparts in the Waterfront and Transportation, Mr. Ade Akinsanya and Dr. Dayo Mobereola , during a one day sensitisation for all MDAs in Lagos on the creation of overseas Affairs and Investment, in Lagos.....recently KOLA OLASUPO

T H I S D AY • TUESDAY, MARCH 22, 2016

Photo Editor Abiodun Ajala Email abiodun.ajala@thisdaylive.com

L-R: Customers Marketing Director, Guinness Nigeria Plc, Mr. Obinna Anyalebechi; Marketing and Innovation Director, Mr. Gavin Pike and Corporate Relations Director, Mr. Sesan Sobowale during the media launch of Guinness Orijin Zero, in Lagos..recently KOLA OLASUPO

L-R: Eze Igbo of Kaduna, Igwe Sylvanns Aneke; District Head, Doka Village, Alhaji Bala Muhammed and Managing Director of Nigeria Neveela Hotel, Keneth Nnajiofor at the Turbaning Ceremoney of Nnajiofor as Garkuwan Matasan Arewa by Arewa youth council, in Kaduna..recently DIRS EGAJI

L-R: HOD, Programs and Training, When Women Pray (WWP), Mrs. Mary Edgal; Resident Pastor, South West, Pastor Temilade Zurike and Assistant Resident Pastor Lagos 1, Pastor Tokunbo Fadoro, during a press conference by When Women Pray, in Lagos.......recently SUNDAY ADIGUN

L-R: CEO, Lagos State Mortgage Board and Member Board of Trustee, Ambsam Memorial Foundation, Mr. Deinde Tunwase; Coordinator, Mr. Taju Abass and a Member and General Manager, Radio Lagos, Mrs. Funke Moore, during a press conference by the foundation to commemorate the launching of Appeal fund for the people who lost their lives during the 2015 general election, in Lagos...recently

L-R: Ag managing Director, Bank of Industry (BOI), Mr. Waheed Olagunju; winner of vocational skills competition in Electrical and Electronics, Nkwo Stephen and the Senior Special Assistant to the Vice President on job creation and youths development, Mr. Afolabi Omokhuede, during an award presentation to Stephen by BOI, in Abuja...recently

L-R: Manager, First City Monument Bank, Alagbaka branch, Akure, Mr. Olusola Abe; a student of Federal Government College, Akure, Miss. Ololade Abegunde; Principal/Director, Federal Government College, Akure, Mrs. Florence Ejikeme; Vice President/Group Head, Corporate Communications, FCMB, Mr. Diran Olojo and another student of the school, Miss. Rukayat Hamidu, during the financial literacy programme for students of the school by FCMB, in Akure, Ondo State...recently

22.03.2016

Osinbajo, Belgore, Alegeh, Nweze others to Honour Omotola 10th Memorial Lecture Akinwale Akintunde

L≠ R: Exco members of the Institute of the Chartered Mediators and Conciliators (ICMC), Mallam Ibrahim Dikko, Mrs Chinyere Onyemenam, President Dr. Louis Ogbeifun, Registrar Mr. Segun Ogunyanwo, Mr. Sam Taiwo and Director of Training, Mr. Martins Lasbrey at ICMC Annual General Meeting/induction last week

Institute Tasks Politicians on Rule of Law and Use of Mediation to Settle Political Disputes Akinwale Akintunde The Institute of Chartered Mediators and Conciliators (ICMC) has advised Nigerian politicians and leaders to at all times endeavour to have respect for the Rule of Law and cultivate the skills of effective listening and tolerance. ICMC President, Dr Louis Ogbeifun gave this advice last week at the ICMC’s special induction ceremony for the members after its 100th Mediation Skills and Accreditation and Certification Course held at the Lagos Airport Hotel, Ikeja. The institute also recommended mediation as a means of resolving political disputes in the country. According to Ogbeifun, mediation can be used to settle disputes before and after elections. He said mediation is easily accessible to private, public and commercial consumers, and reduces judges’ case dockets in civil matters, thereby decongest the courts. About 50 mediators were inducted, most of them staff of the Lagos State Ministry of Justice. Ogbeifun said the institute has trained over 10,000

mediators since inception. He said mediation reduces cost of resolving disputes, saves time spent in litigation through frequent adjournments, and encourages dispute resolution that meet disputants’ needs. ICMC said mediation promotes accommodation, tolerance, peace and harmonious coexistence; restores parties to their pre-dispute relationships and encourages foreign investment. According to Ogbeifun, judicial officers also need to acquire mediation skills. He believes it will enable them know when to invite lawyers into chambers for amicable resolution of disputes or refer them to mediation centres or multi-door courthouses, thereby contributing to effective justice administration. “All over the world, courts of law are overloaded and overburdened. Invariably, there is delay, usually considerable, in the resolution of disputes. Court procedure is very formal, technical and inflexible.” “This greatly reduces the ability of litigants to participate directly in the resolution of their

grievances. Indeed, the present legal practice of litigation leaves parties exhausted, embittered and often impoverished.” “The world of international commerce is moving at a pace that demands our justice system succumbs to change to find relevance in today’s border-less village. Alternatives that will supplement litigation must, therefore, be sought as a matter of urgency”, the ICMC President added. Ogbeifun said even industrial actions by critical sectors such as health, judicial and oil and gas workers can be avoided if mediation clauses are inserted in collective bargaining agreements. ICMC Registrar, Segun Ogunyannwo urged states who do not have mediation centres to establish one. “About seven states have mediation centres. We need such structures for promoting peace. When people have conflicts and know there’s a place they can go to, that somebody will listen to them and assist them to be reconciled, it has a tendency to douse tension, to prevent people from resorting to self-help or

Government Energy Crises: NJI/ IIPELP Workshop to the Rescue Akinwale Akintunde The Energy Industry comprising of the Petroleum and Power sectors, are key components that are pivotal to the economic transformation of Nigeria. These sectors have endured a chequered history, which successive governments have tried to change with differing levels of success. At the threshold of the return to democratic governance in 1999, power generation was at a meagre 1,750 megawatts; barely sufficient for 10% of Nigeria's domestic and industrial requirements. Privatisation was regarded as the magic wand that will eventually do away with decades of underinvestment and uncertainty in the Power sector. In the year 2005, the Electricity Reform Programme commenced with the passage

of the Electricity Sector Reform Act. This Act laid the legal framework for the unbundling of National Electric Power Authority and the establishment of the National Electricity Regulation Commission. This unbundling led to the creation of Generation and Distribution Companies thus priming the sector for privatisation. The aim of the Privatisation was to inject private capital in the sector which led to commercialisation with profit motive and in turn, engenders innovation. With the consummation of the Privatisation programme in the unbundling of the Power Holding Company of Nigeria (PHCN) into 18 successor companies (comprising 11 DISCOS, 6 GENCOS and 1 TRANCO), it was assumed that the dark days of the Power sector were numbered. However, recent

developments in the Power sector have not only left the Government, operators and consumers in a dilemma, but poor power supply persists and is arguably at an all-time low. While the days of the monopoly of NEPA are long over, the present power supply situation seems to have offered little or no respite as the market is dominated by a handful of DISCOS who have carved up the country on territorial lines, foisting on the consumers a situation where there is no option of choice as is obtainable in the mobile telecommunications industry, where consumers may "opt at will" to any of the preferred competing networks. Failure to privatise the sector lies in a muddled privatisation attempt which stems from the underinvestment. The enormous

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taking laws into their hands.” “This will ultimately help in promoting peaceful and harmonious co-existence in a society. So, states that do not already have such centres are encouraged to immediately put such in place,” he said. According to Ogunyannwo, ICMC’s inductions are usually held on the last Tuesday of every November, adding that an exception was made for staff of the Lagos State Ministry of Justice. “This is a special induction. We partnered with the Lagos Ministry of Justice for the staff to acquire mediation skills. We have about 50 people who have been inducted. Our message to them is simple. Go back to your domains and promote peace at home, at work and in the community at large because conflict is inevitable.” “Even the teeth and tongue, despite their age-long symbiotic relationship, still have conflict sometimes. So, in all facets of their lives they can deploy the skills in lubricating relationships and promoting peace and harmonious coexistence,” Ogunyannwo said.

The Vice-President of the Federal Republic of Nigeria Professor Yemi Osinbajo SAN, former Chief Justice of Nigeria Justice Salihu Modibbo Alfa Belgore, President Nigerian Bar Association (NBA) Mr. Augustine Alegeh SAN and a Supreme Court Justice Centus C. Nweze are among the guests expected at the 10th Memorial Lecture of Professor Jelili Adebisi Omotola SAN on March 29 2016, at the Shell Hall, Muson Centre, Onikan, Lagos by 10.00am. According to the Chief

Host who is also the former Deputy Governor of Delta State, Professor Amos Utuama SAN, Osinbajo is to chair the event while Justice Belgore is the Special Guest of Honour. He added that Justice Nweze will deliver the memorial lecture. Omotola, a professor of land law was a former Vice Chancellor of the University of Lagos (UNILAG). Executive Vice President (Operations), Real Estate Lawyers Association of Nigeria (RELAN) Mr. Adekunle Omotola will give the Vote of Thanks.

Lawyers and Paralegals Meet to Safeguard Suspects’ Rights Yinka Olatunbosun In a bid to improve public confidence in the justice system, a coalition of non-governmental and governmental organisations, an initiative by Justice for All, organised a one-day workshop at Ikeja, Lagos recently to train lawyers and paralegals on protecting the rights of suspects in police custody. Under the Legal Advice Scheme that was launched in 2013 by DFID, the trained lawyers and paralegals monitor the condition of suspects against United Nations standards. In the opening remarks by Felicitas Aigbogun-Brai, it was stated that this monitoring scheme was set up to address the need to control the treatment of detainees in police custody. “It provides an audit of actions by the police while reducing the complaints against the Nigerian Police,’’ she mentioned that part of

the training received by the participants during the workshop was on how to train charge room officers on the use of lock up registers to protect both the police and the suspects. In Lagos, 13 police commands have been assigned by the Commissioner for Police to be monitored by lawyers and paralegals. Some of the police stations are complying with the directives which are within the ambit of the law. Isokoko Police Station was named the model police station because the scheme was first introduced there and indeed has become a success hence the need for replication. At the entrance of the station a Notice of Suspects’ right is pasted visibly in the charge room. It was emphasised at the workshop that the essential elements within the monitoring system are regular, unannounced visits by the CONTINUED ON PAGE 6

Appeal Court to Hear $1.015bn Chevron Divestment Suit on Jurisdiction Nov. 22 Akinwale Akintunde The Court of Appeal, Lagos Division has fixed November 22nd, 2016 for the hearing of the appeal on whether or not the Federal High Court can assume jurisdiction over a matter instituted by Britannia-U Nigeria Limited seeking the Court to restrain Chevron Nigerian Limited from divesting its interests in Oil Mining Leases (OML) 52, 53 and 55 to Seplat Petroleum Development Company Limited. The court fixed the date for hearing of the appeal -CA/L/557/2014 - following its refusal to entertain the Appellants’ Motion for Stay of Proceedings. The Court of Appeal held that the refused Motion would not prevent the outcome of the Main Appeal. The Court however granted the Appellants’ (Chevron Nigeria Limited and BNP

Paribas Securities Corp.) (i) Motion for Extension of Time to compile and transmit Additional Records of Appeal and Motion for Leave to appeal on grounds other than grounds of Law and Leave to amend their Notice of Appeal. The Appellants were given seven days to file their Amended Notice of Appeal. In view of the restorative Orders granted by the Court, Counsel representing Brittania-U Nigeria Limited withdrew the Application seeking to dismiss the Appeal for want of diligent prosecution. That Application was struck out and Parties are expected to file their Respective Briefs of Arguments within the time prescribed by the Rules of the Court of Appeal to ensure that the appeal will be heard on 22nd November 2016. Britannia-U Nigeria Limited had through its lawyer, Abio-

dun Owonikoko SAN sued Chevron Nigeria Limited in 2013 along with four other defendants - Chevron USA Inc, BNP Paribas Securities Corp., Mr. Hermant Petel and Seplat Petroleum Development Company Limited – at the Federal High Court seeking to restrain them from awarding the interests in OMLs 52, 53 and 55 to Seplat Petroleum Development Company Limited. A Federal High Court, Lagos had adjourned the suit sine die (till further notice) following the avalanche of appeals filed by the Defendants. One of the appeals was decided by the Supreme Court on January 29, 2016 wherein the Court agreed with Seplat Petroleum Development Company Limited that the Federal High Court erred in

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22.03.2016

Can Bail be Granted on “Self-Recognition”? Ernest Ojukwu

ecently I read newspapers and listened to TV broadcasts that announced that certain defendants on criminal charges were granted bail on “selfrecognition”. Almost all our National newspapers said the same thing in the case of bail for former Minister Moro- The Guardian, THISDAY, Daily Trust, The Nation, Tribune, Vanguard, Nigerian Pilot e.t.c and even Channels TV. I took this casually since I know that non lawyers tend to corrupt “lawyer language” sometimes. I became alarmed when I heard some lawyers grant some of those bizarre explanatory TV interviews right out of court, and the lawyers actually used the word or phrase

“self-recognition”. This put me on inquiry and I embarked on interviewing lawyers myself on their understanding of the phrase “bail on self-recognition”. Over 55% of the lawyers I interviewed actually thought that the phrase “self-recognition” meant “self-recognisance”. Three young lawyers actually told me that they were taught “self-recognition” at the Nigerian Law School by their teachers and that it was in fact in the text books they used. I then proceeded to research the text books being used at the Nigerian Law School. I found that none of the 3 text books used the phrase “self-recognition”. 2 actually used the phrase “self-recognisance” while one mentioned the word “recognisance” only once. I put a call to 4 teachers at the Nigerian Law School and 6 teachers at different Law Faculties. 6 out of the 9 teachers thought that the word/phrase “self-recognition” meant “self-recognisance”. So I concluded that our students have actually been taught “self-recognition”. How come all the newspapers used the

same phrase “self-recognition”? I have not looked at any judge’s records to know if any has used this phrase but I have seen lawyers (older lawyers at the bar inclusive) grant their stepping-out-of-court interviews on TV and they used the phrase “self-recognition”. So I concluded that our lawyers are to blame for this ignorance; this misinformation, and misuse of language! The Administration of Justice Act uses the word “recognisance”. The Criminal Procedure Act uses the word “recognisance”. “Recognition” and “Recognisance” are two English words meaning totally different things. The word “recognition” does not mean “recognisance”. “Recognition” means “the act of remembering who somebody is when you see them, or of identifying what something is”(Oxford Advanced Learner’s Dictionary). The word “recognisance” is “a promise by somebody who is accused of a crime to appear in court on a particular date”(Oxford Advanced Learner’s Dictionary). Black’s Law

LAWYERS AND PARALEGALS MEET TO SAFEGUARD SUSPECTS’ RIGHTS CONTINUED FROM PAGE 5 volunteers to the police cells, followed by reports and redress. In Nathaniel Ngwu’s presentation titled, “Suspects’ Rights Safeguard and Monitoring Principles’’, it was observed that illiterates are the usual victims of false statements because they cannot read, write or even verify what has been written for them by a police officer.

During the interactive session that followed, a lawyer, Aderonke Osoba who is a member of the monitoring team remarked that the police officers at the station she monitors have not been very cooperative with the lawyers who often visit the station and reject any attempt by the police to intimidate or extort money from suspects in their custody. She claimed that some

officers use abusive words in frustration when the monitors visit the station. Ngwu’s plea was that the volunteer lawyers in this monitoring scheme take the task patiently since reorientation is a gradual process. He added that the scheme is advisory not adversarial. Furthermore, he encouraged them to document their report after each visit.

Dictionary calls “recognisance” “a bond or obligation, made in court by which a person promises to perform some act or observe some condition, such as to appear when called...” Though the origin of “recognisance” is the old French word “reconnaissance” which earlier derived from “reconnaitre” (recognise), for many centuries the English word “recognisance” has been translated as “engagement” in French and “personal recognisance” as “caution personnelle”. The word “self-recognition” is used in the medical dictionary in two forms. One defines the word itself as “the process by which the immune system of an organism distinguishes between the body’s own chemicals, cells, and tissues and those of foreign organisms or agents”. The other medical usage is associated with the “mirror self-recognition test (MSR). The word or phrase “self-recognisance” is even broken English. The correct English phrase is “own recognisance” or “personal recognisance”. The Black’s Law Dictionary has clearly defined the phrase “personal recognisance” as “the release of a defendant in a criminal case in which the court takes the defendant’s word that he or she will appear for a scheduled matter or when told to appear. This type of release dispenses with the necessity of the person’s posting money or having a surety sign a bond with the court.” Our courts can grant bail on “own recognisance” or “personal recognisance” (not self-recognisance). Our courts cannot grant bail on “self-recognition”. Professor Ernest Ojukwu, SAN is a Partner at Ojukwu Faotu & Yusuf (OFY-Lawyers)

Legal Personality of the Week Kunle Adegoke

‘Once You Pay Attention to the Law, the Law Pays Attention to You in Return’ ABUBAKAR YARI & 2 ORS. SC.907/2015 and the latest governorship election appeal from Taraba State.

I am Kunle Adegoke, a native of Osogbo in the State of Osun. I was born in 1969. I attended the University of Lagos for my law degree programme and graduated with a 2nd Class Upper Division. I was called to the Nigerian Bar in the year 2003 with a sound academic record and have since been in practice with a number of cases prosecuted at both trial and appellate levels. Having cut my legal teeth in one of the best law firms in Africa, Olaniwun Ajayi, LLP, today, I have succeeded in setting up and running one of the most thriving law partnerships in Nigeria, M. A. Banire & Associates, where we have set a new standard for practice via our practical approach to prosecution of cases and an astounding volume of legal publications. I can say I am a fulfilled young legal practitioner with a future, Deo volente. Have you had any challenge in your career as a lawyer and, if so, what were the main challenges? The main challenge I have had has to do with the pace with which matters are prosecuted in our courts. The sluggish nature of our judicial system has been my main challenge. For someone who practices in Lagos, one would realise that the cause lists at the High Courts are often overcrowded with too many cases lasting several years without being determined. Litigants often die and are substituted by their survivors only for the matter to run for ages and the parties do not remember what actually is the point of discord. A number of cases are currently pending in the Supreme Court; in fact, I have quite a number of such cases that are yet to be heard and determined. In my humble opinion, civil cases bothering on private rights like tenancy, matrimonial causes, petty contractual claims, tort etc. are not supposed to get to the Supreme Court but unfortunately, there are so many of them there weighing down judicial movement. What was your worst day as a lawyer? My worst day as a lawyer occurred in October, 2015 when I was supposed to argue an appeal at the Supreme Court composed of a full panel of seven justices, the appeal being a constitutional point of law. In it, I invited the Supreme Court to overrule three of its earlier decisions on whether

Kunle Adegoke

a non-member of a party can challenge, at an election tribunal, the nomination of the winner of an election as a matter of constitutional qualification. I also queried whether failure of a party to give INEC a 21-day notice of its primary election is a ground to disqualify such a party and nullify its victory after the election by the tribunal. I had filed a beautiful brief of argument and was ready to argue my appeal when the Presiding Justice insisted that my appeal could only be heard by the same set of Justices who decided the earlier authorities that I sought to be overruled since they were still serving Justices of the Court. That position is obviously wrong but I had no choice other than to write to the Chief Justice of Nigeria to compose another panel. No panel was composed until the appeal, being one arising from an election petition, expired. I knew the case was summarily dismissed in chambers when I got a letter from the CJN indicating that His Lordship could not compose a new panel as one of the Justices was indisposed. Interestingly, my argument and reasoning seemed re-echoed in two subsequent decisions of the Supreme Court in MAHMUD ALIYU SHINKAFI & ANOR. v ABDULAZEEZ

What was your most memorable experience? My most memorable day was my last appearance before His Lordship, the Honourable Justice Abdulkadir Jega of blessed memory. Being a brilliant, cerebral but highly impatient judge, His Lordship could hardly tolerate counsel’s submission in adumbration more so when the brief or argument was already before the Court. I appeared before a panel of five Justices of the Court of Appeal presided over by Justice Jega and, due to a question by that highly intellectual Honourable Justice Agim, (JCA), a member of the panel, I was able to unfurl to the fullest my argumentative umbrella. It turned to a session in which Their Lordships took the opportunity to clear the air on so many hazy areas of election petition and I was like a little butterfly enjoying a warm ambience under the sun. At the end, Their Lordships commended me profusely and even made complimentary statements about me to some other lawyers who appeared before them later on. Justice Jega, on that day, I learnt, based on my argument, indicated his willingness to start listening to lawyers’ submissions. Unfortunately, we lost His Lordship few weeks after. May His Lordship’s soul rest in al-jannah firdaos. Who has been most influential in your life? Honestly, it is Karl Marx. His philosophy of praxis has been the most influential to my highly rebellious mind. I was too critical to be swept off the way it happened. Why did you become a lawyer? I suffered a serious academic crisis while in the University of Ilorin and was expelled due to activism. Chief Gani Fawehinmi’s (of blessed memory) chambers took up our matter as five of us were affected. Mr. Ayo Olanrewaju came for our matter and I was highly impressed by his meticulous presentation of legal points which I felt was garnished by an arrogant

display of knowledge and self-consciousness. The man was highly intellectual and impressive. But when it was apparent we were going to lose too much time waiting for the determination of the substantive suit, I decided to seek a new future elsewhere and the only course I felt I could read was law. I can say Mr. Olanrewaju actually influenced my becoming a lawyer. What would your advice be to anyone wanting a career in law? It is the best that can happen to a man or woman. It is a profession where knowledge is a weapon capable of sharpening itself. It is one vocation that elevates you to stand before the high and mighty no matter how humble your background is once you know what you are doing. The main thing is to be focused, hardworking and relentless. Young ones should be ready to pay their dues without paying much attention to immediate wealth. Once you pay attention to law, the law pays attention to you in return and the sky is below the limit. People like Chief Obafemi Awolowo, Chief Gani Fawehinmi, Chief Afe Babalola, Mr. Falana, Dr. Muiz Banire, all of them Senior Advocates of Nigeria, did not ascend the ladder of success in a sudden flight. They took one step after another on the rungs of life with fiery determination to succeed. I believe I am in the same class with this noble men having shared a similar background with them and I can attain their status by sitting on the uplifting shoulders of providence and an unflinching dedication to my goal. If you had not become a lawyer, what would you have chosen? I honestly would have been a soldier. I love the uniform and the fact that I could have the opportunity to engage in combat. I had the dream of being a fighter and probably becoming a mercenary in any place war is being fought. Probably I have transferred that spirit to the courtroom. Where do you see yourself in ten years? At the peak. I pray I would have become a Senior Advocate of Nigeria with a sojourn in treasured service in politics where I believe I could make a change in the lives of the people.

22.03.2016

TRIBUTE/7

Tribute to Enojo James Ocholi, SAN (1960 – 1966) Adesina Adegbite

‘God giveth, God taketh’ his world has proven once again to be quite transient and the death of the ebullient and most admirable personality Enojo James Ocholi SAN, has once again reminded us of that unimpeachable reality of the human’s sojourn on earth. It was a rude shock to me when I got a message on my phone at about 4.45pm on Sunday evening that one of the liveliest men I ever came across died in an auto crash that Sunday afternoon. I did not only become disorganised, it took me a moment of reappraisal of my state to ascertain whether I was dreaming or was actually fully awake and conscious. Upon convincing myself about the reality of my state at that moment, as I was actually in the middle of a meeting, I immediately moved to a fellow participant at the meeting and a very good friend and brother Mr. Kunle Adegoke to ask if he had heard the news. He was equally shocked and said ‘it can’t be’. He immediately grabbed my phone and showed the message to Dr. Muiz Banire SAN who was the convener of the meeting, Dr. Banire’s instant expression was ‘Ironi o’ (It’s a lie!). We were all in a state of confusion and disarray until Dr. Banire put a phone call across to Alhaji Lai Mohammed (Minister of Information), who confirmed the unfortunate incident and added that his (James Ocholi’s) son also died in the accident. The atmosphere suddenly became calm and we were all lost in the grievous reality of the untimely passage of Ocholi James SAN and his son. It was later in the evening that a further shocker flew in by the confirmation that his wife who was also involved in the accident passed on eventually. This is not just another death, these are avoidable untimely deaths too many! Enojo James Ocholi SAN, was Nigeria’s Minister of State for Labour, Employment and Productivity until Sunday 6th of March, 2016, when death crudely removed him from that office. He was born on November 26, 1960 and hails from Dekina Local Government Area of Kogi State. He was the second in a family of six (four girls and two boys), and attended Ochaja Secondary School, Agada in the present day Kogi State. For his brilliance and intelligence, he was awarded a scholarship by the then Benue State Government to Study Law in the University of Jos, from where he graduated in 1985. He was called to the Nigerian Bar in 1986, a set many have described as the Golden set of the Bar, the same as

the current President of the Nigerian Bar Association and many other distinguished and successful Nigerian legal practitioners. He was a counsel in the Law Firm of D. D Peter Achimusi in Idah, Kogi State from 1987-1988. He thereafter started his private practice and within a short time was able to stabilise his practice. James Ocholi lost his father at a very young age in 1978, and this placed on his shoulder another responsibility as the family breadwinner. He once said that his little sister wrote a letter to him while he was in the University and asked “Brother, when will you finish University so we can eat meat”. He exhibited the trait of a courageous man when he began his private practice in Ankpa in the Igala land of Nigeria, less than two years after he was called to the Bar. He later relocated to Lagos with the support and encouragement of his long time most trusted friend and ally, his wife (Blessing Fatima Ocholi), in 1998 and with the help of his mentor Chief Kehinde Onafowokan SAN, he set up his first office in Lagos State. It was the brilliance and admirable advocacy skill of the then young James Ocholi that attracted the interest of Chief Kayode Onafowokan SAN who gave him an accommodation free of charge to set up his law practice in Lagos on the ground floor of a massive building at 5, Military Street, Onikan, Lagos. Upon the demise of Chief Onafowokan SAN, James Ocholi decided to relocate to 24, Macarthy Street, Onikan, Lagos. He later decided to set up the Abuja office and his practice was better for it. On the 12th of December, 2007, he was conferred with the prestigious rank of Senior Advocate of Nigeria. James Ocholi ventured into politics in 2011 and contested for Governorship of Kogi State under the auspices of the defunct Congress for Progressive Change. He again attempted to become the Governor of his home state under the All Progressives Congress in 2015, but lost in the primaries to the late Chief Abubakar Audu who won the party ticket. He later became the Kogi State co-ordinator of the Buhari/Osinbajo Presidential Campaign Organisation. Until his appointment as a Minister of State for Labour, Employment and Productivity, he was the Principal Partner at Ocholi James (SAN) & Associates with offices in Lagos and Abuja. It is an open secret that the late James Ocholi SAN was a shining light and a blistering star that could not be unnoticed wherever he found himself. This was apparent during the Senate Ministerial Screening on the 22nd of October, 2015. He did not just perform brilliantly, he gave audacious and most insightful answers to questions put across to him during the screening exercise. His performance naturally caught the fancy of many Nigerians who were just getting to know about the very intellectual

personality called James Ocholi SAN; and this most impressive performance led to the agitations of many that he should be made the Attorney General of the Federation (AGF). Many legal practitioners in Nigeria who knew the deceased learned silk were hitherto convinced that the most probable candidate for the office of the AGF would be Enojo James Ocholi SAN. That was the extent of the general knowledge of his sound mind and acceptability amongst lawyers and the generality of Nigerians. My first interaction with James Ocholi SAN was in August, 2007 at the NBA Annual General Conference in Ilorin. I saw in him a very pleasant personality who does not discriminate. He never looked down on me then as a junior lawyer, he indeed encouraged me to visit him anytime I was in Abuja, unfortunately, I never visited him in his office, but we had cause to meet a couple of times both in Abuja and in Lagos and recently in the United States. I was present at the Supreme Court of Nigeria, Abuja to witness his swearing in December 2007, when he was conferred with the rank of Senior Advocate of Nigeria. He was not one of those senior lawyers who abused their rank; he never oppressed or harassed any junior to the best of my knowledge of him. He was a down-to-earth and a good example of a perfect gentleman. James Ocholi SAN was a comfortable man by all standards before he became a politician. He loved his family and led his children to be good Christians. Obviously, that was why no negative report was ever made of him or any of his family members. He was a member of the Full Gospel Businessmen’s Fellowship International and was the pioneer President of the Ankpa Chapter. He valued greatly the role played by his wife during his youthful and struggling years. Ocholi poured encomiums on his wife during his life time; he said this of his wife: “In Blessing Fatima Ocholi, I have seen the benefits of being married to a woman who loves God. She not only came into my life when I had nothing but all through by her prayers and steadfast support she became one of the pillars of my success as she partook in the challenges of my professional pursuit.” James Enojo Ocholi’s death is certainly a terrible tragedy. I cannot agree less with President Muhammadu Buhari that his death is a ‘tragedy of monumental proportions’. This therefore brings to fore the deplorable state of our roads across the country. Regardless of the fact that the accident which claimed the life of James Ocholi SAN, his wife and son resulted from a burst tyre incident, it is trite that many other accidents occur on our roads on a daily basis claiming lives of Nigerians on a most bizarre and alarming rate. The President must therefore as a matter of urgency declare a state of emergency on our roads. The

The late James Ocholi SAN

Minister of Power, Works and Housing who incidentally is a Senior Advocate of Nigeria is a respected administrator. He should therefore be more visible through his works. We want to see massive road constructions and rehabilitation. We cannot afford to tolerate the present endemic state of our interstate roads. Government should also through the Federal Road Safety Corps introduce sustainable monitoring measures to perform routine checks on all official and pool vehicles. Government should embark on an aggressive public reorientation exercise to educate and sensitise the public on the importance of checking and taking cognisance of the expiration dates on their tyres. Strict regulations should be adopted to check excessive speed of drivers on our roads. The number of lives being lost on our roads has reached an unacceptable limit. We must arrest the situation immediately. In this period of national mourning over the death of one of the most brilliant minds the legal profession has ever produced, we can only take solace in those words of that great Greek philosopher, Socrates: “To fear death, my friends, is only to think ourselves wise, without being wise: for it is to think that we know what we do not know. For anything that men can tell, death may be the greatest good that can happen to them: but they fear as if they knew quite well that it was the greatest of evils. And what is this but that shameful ignorance of thinking that we know what we do not know? Socrates (BC 469 – BC 399) The Nigerian Bar Association has lost a Super Advocate, a Quintessential Solicitor, and a Consummate Bar Man! May the souls of James Enojo Ocholi SAN, his wife Blessing Fatima Ocholi and son, Joshua Ocholi find a place of final abode in the bosom of the Almighty God. Amen. Adieu James Enojo Ocholi SAN! Adegbite is the immediate past secretary, NBA, Ikeja Branch.

FG must Ensure Strict Copyright Enforcement on N50 Stamp Duty - SBH Akinwale Akintunde The Federal Government has been urged to enforce the N50 stamp duty on electronic transfers and manual bank teller deposits. This advice was given by the School of Banking Honours (SBH) in its letter to the Central Bank of Nigeria (CBN) alerting it to Section 89 of the Stamp Duties Act which conferred the ownership of the copyright on the school. SBH, in the letter written by Chief Akin Olujinmi (SAN) of law firm of Olujinmi and Akeredolu (Legal Practitioners) on its behalf stated that based on its research work, it got an approval from the CBN to engage banks and other financial institutions in collecting the stamp duty for government through the Nigerian Postal Service (NIPOST) in 2012. The lawyers explained that under the Copyright Law, SBH's letter to CBN automatically created a copyright of its intellectual property in 2012, following which the Nigerian Copyright

Commission registered it as literary work. The lawyers stated that they have been engaged to investigate the alleged failure to remit the stamp duty proceeds to the Federal Government. Meanwhile, SBH noted that the federal government may have lost N7.7 trillion within the last three years due to alleged suppression of stamp duty by the Nigeria Inter-Bank Settlement System Plc (NIBSS), an agency owned by banks. The school called on the Federal Government to begin an action for the recovery of the said N7.7 trillion from NIBSS into the federation account. SBH Project Consultant and acting Provost of the school, Mr. Adetola Adekoya who made the call at a press briefing in Lagos said SBH is the copyright owner of the research work and intellectual property approved and registered by the Nigerian Copyright Commission as a literary work, LW 1023, titled “50-Naira Stamp Duty for Government on Electronic

Cash-less Transfers and Manual Bank Teller Deposits.” He noted that NIBSS had been keeping N70 aggregate increased charges on electronic transfers for 2013 to 2015, against the CBN financial inclusion policy stated in the CBN approval letters to SBH He added: “NIBSS is also keeping N70 aggregate increased charges on electronic transfers against CBN directives for such charges to be remitted to the government coffers on a monthly basis, in CBN approval letters to SBH. “An additional N50 charge on cashless and other banking receipt being introduced in 2016 is therefore a double charge on bank customers, and must be reversed. “Any blame by the public on the increased charges should be therefore directed to CBN/ NIBSS and not to the government,” the SBH Project Consultant explained. Adekoya mentioned that the Central Bank of Nigeria (CBN) Circular, which was issued

in January this year, should have been issued since January 2013, after the CBN approval and No-subject letters issued by CBN to SBH dated November and December 2012, to engage banks and other financial institutions on the statutory charge for Government through a two-year master services agreement signed with the Nigerian Postal Service (NIPOST). “During a joint press conference that SBH had with NIBSS on January 4, 2013, the company openly promised to support the statutory charges for government, in line with CBN approvals letters to SBH, and was engaged as official sweeping agent on the project immediately. “Quite sadly though, the three-year delay by CBN was then utilised by NIBSS to introduce new N70 charges on electronic receipts below N500,000 and increase by 300 per cent, charges on electronic receipts above N500,000. “The value of transactions passing through NIBSS on just two electronic products is reported by CBN at N160 billion daily, while some other

8/COVER

22.03.2016

‘Nigerians Have a Right to Know What Happens to Recovered Proceeds of Corruption’ The anti-corruption fight of the Buhari administration is slowly yielding some results but just as important as discovering these misappropriated funds is transparency in the management of recovered assets. Nigerians have a right to know how much has been recovered and what is happening to the funds now returned to the Government. While it is imperative that the Government continues to pursue stolen public assets and those involved with looting them, Chief Chris Uche SAN shares his views on how to build on the gains recorded, the role of the Rule of Law in succeeding in that fight and several other crucial national issues in this interview with May Agbamuche-Mbu, Jude Igbanoi and Tobi Soniyi.

ow will you assess the government's fight against corruption and compliance with the Rule of Law? Do you think the government has been able to strike a balance between upholding the Rule of Law and preserving the rights of persons accused of corruption-related offences? I must begin by stating that the fight against corruption is one every true Nigerian must support. The devastating effect of corruption over the years on the Nation’s economy and the well-being of Nigerians cannot be over-emphasised. Corruption has become a way of life in this country, and is manifest in every facet of our public life. Indeed every aspect of counting in this Country has been corrupted; we cannot count our population; we cannot count our votes and we cannot count our money! Corruption is clearly the cause of bad governance. Rightly, we are all angered and indignant at the rapacious devastation of corruption on our commonwealth. No one is happy when billions of Naira that would have been used in the provision of roads, electricity, water and security for citizens (being the basic and elementary responsibilities of Government) are embezzled. We are all victims of the deprivation caused by bad governance and corruption. We are also in agreement that the perpetrators of such offences, when proven guilty, must be brought to book as a deterrent and where possible for purposes of restitution to the society, the ultimate victim. However, since we have collectively adopted constitutional democracy as our system of government, and have given ourselves a Constitution and set of criminal justice laws, no matter how angry we may be, the Government’s anti-corruption crusade must be

prosecuted within the ambits of the Constitution and within the precincts of the Rule of Law. This principle is not just for the benefit or protection of the suspected offenders, but as a safeguard against abuse, arbitrariness or victimisation of an otherwise innocent person because of the imperfection of any human system of justice. It is therefore not for nothing that the principle of law over the centuries was established that it is better for nine guilty persons to go scot-free than one innocent person to be hanged or condemned. It will certainly amount to a dangerous proposition of law to assume or conclude that anyone arraigned for corruption by any anticorruption agency is guilty before trial. In fact, it will amount to the anti-corruption agencies usurping the function of the Courts, and the Courts abdicating their constitutionally-assigned responsibilities to such agencies, thereby turning the anti-corruption agency into the complainant, the investigator, the prosecutor and the Judge, all in one. That may sound good for those who have the instruments of coercion today, but my three-and-a-half decade sojourn in this profession has taught me that tables do turn, and the accuser today may be the accused tomorrow. It could be anyone, and that is why it is necessary for us as a country to have uniform standards, and that is what the rule of law is about. Let those accused of corruption-related offences have their day in court, let their rights as enshrined in the Constitution be respected pending their conviction. We can still get good results if the fight against corruption is fought constitutionally and not dramatised and militarised. Notably, there is an ongoing debate on whether government should mitigate the punishment for persons accused of corruption if they return misappropriated funds and proceeds of their offences. On its part, the EFCC states that notwithstanding any returns it will still prosecute accused

COVER/9 "IN SOME OF THESE CORRUPTION-RELATED OFFENCES, YOU DISCOVER THAT MOST OF THE RECIPIENTS OF THE PROCEEDS OF CORRUPTION ARE NOT IN A POSITION TO HAVE KNOWLEDGE OF THE SOURCE OF THE FUNDS OR ANY CRIMINALITY ATTACHED TO ITS ORIGIN. NO PAYEE QUERIES THE PAYER AS TO THE GENEALOGY OF THE MONEY"

Chief Chris Uche SAN PHOTOS: Julius Atoi

persons. Other stakeholders suggest that there might be a “soft-landing” for them. What do you regard as the most effective and just approach to this dilemma? Before the enactment of the Administration of Criminal Justice Act 2015, the Economic and Financial Crimes Commission Act (section 14) allowed for compounding of offences, which is a precursor to a plea bargain. Now, the ACJA Act 2015 (section 270) has institutionalised plea bargaining. In the fight against corruption, both prosecution and refund of proceeds of crime are relevant, and the decision to take depends on the evidence available to the Commission. In some of these corruption-related offences, you discover that most of the recipients of the proceeds of corruption are NOT in a position to have knowledge of the source of the funds or any criminality attached to its origin. No payee queries the payer as to the genealogy of the money. If the Commission has sufficient evidence against the principal offender, there will be need to prosecute in order to deter, and again to avoid creating the impression that if caught, refund obliterates liability. However, for me, what matters most is transparency in the management of recovered assets. Nigerians do not know what has happened or is happening to all the recovered funds. Are they paid into the Federation Account? Are they returned in cases of State Government funds, to the States? The Government says some suspects are returning money but the deals are not made open. Nobody knows how much is returned or how much is forgiven. Transparency is the most vital ingredient in the fight against corruption. One of the benefits of the current fight against corruption is that it is opening our eyes to hitherto unknown loopholes through which the Nation’s treasury has been bleeding. We need more openness and more accountability so that recovered funds are not subjected to a fresh cycle of corruption. The Bar has been accused of encouraging corruption in the Judiciary by fostering lawyers that compromise Judges and employing dilatory tactics. What role should senior lawyers play in the fight against corruption? For me, lawyers are the best partners the anti-corruption agencies can have in the fight against corruption. Unknown to many, the legal profession is the greatest ally to have in the fight against corruption, but the opportunity

is missed because of the penchant for excessiveness and arbitrariness, borne out of, with due respect, ignorance and misconceptions. There is great need for interaction between the major stakeholders in the fight to ensure understanding and co-operation. It is unfortunate that some persons think lawyers are not relevant in the fight against corruption and view them as obstacles simply because they defend persons charged to court for corruption. It is amazing that the most elementary aspect of the duties of defence lawyers is yet to be understood. There is indeed a lot of misconception of the role of lawyers in the fight against corruption. Lawyers are the prosecutors the EFCC requires to prosecute its cases, both in-house lawyers and the external Counsel it retains. There is need to understand the tripod structure of administration of justice and trial by courts of law. The Judge presides; a lawyer (prosecutor for the complainant) prosecutes while a lawyer (defence Counsel) represents the accused or defendant. At the end of the day, it is the Judge that decides, based upon the presentation of evidence by the two sides. It is strange to suggest that once a person is brought to Court, he is guilty and he should not be represented by a lawyer and should be railroaded straight to prison. In that case, there is no need to bring the suspect to the Court in the first place; they might as well simply take the suspect straight to prison, and keep him in jail for as long as they think is good enough for the offence alleged. I think rather what such agencies should do is to invest resources in developing the capacity of their in-house Counsel to prosecute offences in court. This is not to say that there are no bad eggs in the Judiciary or the legal profession or even among the senior lawyers. Amongst any twelve, it is said that there could be a Judas. However, it is unfair to make blanket

"LET THOSE ACCUSED OF CORRUPTION-RELATED OFFENCES HAVE THEIR DAY IN COURT, LET THEIR RIGHTS AS ENSHRINED IN THE CONSTITUTION BE RESPECTED PENDING THEIR CONVICTION"

accusations against the Bar of corrupting Judges. There are many Judges and lawyers out there, doing their work with integrity, uprightness, transparency and honesty. The profession itself is one of honour and dignity, and you can excel by being honest, reliable, dependable and diligent. No lawyer in practice worth his onions will bribe a Judge, because it diminishes both your professional proficiency, capacity and even finances. You will definitely not earn a good fee if the client is paying someone else for your job. You do not need to bribe any Judge to win a case. The Constitution has put in place a hierarchy of courts, from the High Court to the Supreme Court. If you do a good job at the court of first instance, your client will know, and you can challenge any adverse decision up to the Supreme Court to get justice. Senior lawyers must lead by examples by staying away from any conduct likely to bring the high position they occupy into disrepute. The profession must begin an in-house cleansing exercise; we need to retain the purity of the highest echelons of the profession if we must retain our dignity. Recently, a section of the Nigerian polity including the Presidency criticised the Justices of the Supreme Court with regards to the judgments they delivered in some electoral appeals. What does it portend for our democracy when the apex court comes openly under criticism by another arm of government? This is a very sad development which the legal profession must address. The decision of the Supreme Court as the highest court of the land is final, and whatever it has decided remains the law, unless the law is amended by a subsequent Act of Parliament. The Judiciary is an arm of Government but not a branch of the Government. Each arm is independent of the other, and the Executive cannot expect the Judiciary to give judgments in any particular way. The Supreme Court should not be made the scapegoat. I must say that what all the arms of Government need is co-operation in the fight against corruption. Delay in service delivery is not the monopoly of any particular arm of government. Just as there may be delay in justice delivery, likewise there is delay by the Executive in service delivery, e.g recovery of the economy, improvement in electricity, provision of roads e.t.c, availability of petrol in our filing stations etc. Likewise there is delay

by the Legislative arm in the passage of bills, making of laws, amending the Constitution etc. There is no reason for blanket condemnation of any arm of the government by any other arm; they are all parts of the same body, with each performing duties assigned to it by the Constitution. Nowadays it has become quite fashionable for some sections of the public to bash the judiciary, including the Supreme Court. This is because some desperate politicians did not get the results they expected from the Supreme Court's interventions in some electoral matters. Sometimes too, some of these accusations are mere pre-emptive strategies to blackmail Judges handling controversial cases, especially political matters. Sometimes when parties unsuccessfully attempt to bribe a Judge or a set of Judges and they are rebuffed or unable to make a headway, and/or when they lose, they turn around to claim that the other side had bribed the Judge or Judges. Nigerian politicians are known for extremes! They take pages of newspaper advertorials under the cover of one non-existent “concerned group” or “concerned citizens” to write all kinds of trash against the Judiciary. But when they win, ah! the Judiciary is toasted as “the last hope of the common man.” This is not fair, and because the Judges cannot go to the Press and join issues with these persons, this dangerous trend continues. To make matters worse, some lawyers who should know better have become willing tools in the hands of desperate and unconscionable politicians. This is very worrisome and must not only be condemned but must be stopped. I think this is actually where the Nigerian Bar Association must rise to the occasion to defend the Judiciary against this onslaught. No one is saying that there may not be instances here and there of some misconduct, but there are in-built mechanisms for dealing with them, because if the Judiciary is destroyed, democracy is gone. The Nigerian politician would still grumble, even if his case is decided by God himself. The governorship election appeals used to terminate at the Court of Appeal, but with the complaints of politicians, it was extended to the Supreme Court. Now, even after the Supreme Court has decided a matter, they will still want to return to Supreme Court to reverse itself, and I am sure if the International Court of Justice at the Hague had an office in Nigeria, Nigerian politicians would want to file appeals there against decisions of the Supreme Court! We must respect institutions that have been

established by the Constitution for the safeguard of the Rule of Law. To criticise judgments of the Supreme Court in the manner that is being done nowadays is a trend that is dangerous for the survival of our nascent democracy. The People’s Democratic Party (PDP) for the first time since we began the new democratic dispensation finds itself in the position of opposition party at the Federal Government level. However it would appear that the shift is taking a toll on the party as a number of recorded litigations begin to make headlines. One particular litigation that has gone all the way to the Supreme Court is the suit between the contending parties of the Anambra State Executive Committee of the PDP, the Ejike Oguebego and Ken Emeakayi controversy is threatening to do away with the legitimacy of sitting members of the National Assembly. Perhaps in spite of itself the party’s troubles do not appear to be resolved anytime soon. What is your analysis of the current crisis in the PDP Anambra’s leadership? The Supreme Court has entered final judgment in that matter, and that must be final. Like I said earlier, the decision of the Supreme Court is not open to debate; it is final, and that is what it should be. I will therefore be unable to discuss it. And to answer your question with respect to the new status of the Peoples’ Democratic Party (PDP) as an opposition party, the challenges are to be expected. It would be the same for any other political party in Nigeria, and this is because we do not have political parties in their true sense of the word. We only have platforms and vehicles for seeking elective offices. That is why the political parties lack ideologies and have no manifestoes properly so-called. And because it is all about offices, that is why there is lack of internal democracy in the political parties that are supposed to midwife democracy. The structure of the political party reflects the federal structure of the country, requiring parties to have national, state and ward levels. The selection of candidates for elective offices proceeds through the pyramid of congresses from the ward level. To have one or two national officers compile and send lists of candidates without nominees on such lists having emerged through the federal-structured process will continue to turn the process into a commercial auction. You have previously advocated for a constitutional court to deal with pre-election and post-election matters because of the temporary nature of ad-hoc Electoral Tribunals. Can you explain in greater detail what benefits this would have on the resolution of electoral matters? Thank you. It has always been my position because of the place electoral and constitutional litigation have come to take in our national life, it has become necessary to have a full-

"WE CAN STILL GET GOOD RESULTS IF THE FIGHT AGAINST CORRUPTION IS FOUGHT CONSTITUTIONALLY AND NOT DRAMATISED AND MILITARISED"

fledged court system to deal with electoral and constitutional disputes, rather than ad hoc Election Tribunals. To begin with, every litigator will confirm to you that regular civil matters in all tiers of courts have suffered severely since the return of constitutional democracy because of the upsurge in pre-election and post-election matters and other constitutional cases, which by law and their nature, enjoy precedence over other civil matters. Moreover, the growth in pre-election and post-election disputes have been tremendous since such disputes drag on and last from one election to another election, keeping the courts busy all through the four-year cycle of elections. Again, Judges are pulled out from their various jurisdictions to form panels, and the pending civil cases in the Courts suffer enormous delay and have to await the return of the Judges from national duties. The same is applicable to the various divisions of the Court of Appeal, from where Justices are drawn to compose Appeal Panels. Thirdly, because of the ad hoc nature of the panels, the experience garnered in previous exercises is not deployed into proper human capacity development as the Judges return to their divisions, and could be recalled or not for future empanelling. Since we have not yet learnt how to conduct free and fair elections, we will still have electoral disputes to contend with. We will still have intra-party disputes and litigation because of the absence of internal democracy. We will have constitutional disputes to contend with. Perhaps it is all part of the democratic development trajectory. Let us now think of something permanent; let us go for Constitutional Courts to deal with pre-election, post-election and constitutional matters. Let us build, develop and strengthen such a specialised institution to deal with these matters which have come to dominate our national life. They could be test-run on a zonal basis and later expanded to State levels. This is how the concept of the establishment of the National Industrial Court began, and today, it is a reality. The coming of the constitutional courts will remove the intense pressure our Judges have come under in trying to comply with the statutory time limit imposed on them by law for determining election petitions, 180 days at Tribunal and 60 days on appeals. This year, the Supreme Court had to sit till late hours of the night to accommodate cases of this nature. Do you think our electoral laws create a balanced framework for just and timely resolution of electoral disputes? Speaking about electoral litigation, I strongly recommend a wholesale restructuring of the philosophy of our electoral jurisprudence, to be a little more petitioner-friendly. I have had the benefit over several years starting from the era of the transition to civil rule of handling several election petitions representing either the Petitioner or the Respondent, and I have come to see that the scale is heavily weighted against the Petitioner, which makes politicians desperate to win first and let the other party go to the Tribunal, making elections a do-or-die affair. For instance, the role of INEC in election petitions must be re-examined in order to create a level playing field for the Petitioner and the Respondent. If INEC must defend the result declared by it, then the law must place on it a burden of proof to justify the result, and we must reconsider and restructure the presumption of official correctness of results and doctrine of substantial compliance, creating exemptions and exceptions. We may even begin to think of limiting the role of INEC in election petitions to that of being subpoenaed as witnesses or a mere nominal party, so that the contest is squarely between the combatants. Electoral corruption is the mother of all corruption, and until we rid the process of electoral corruption, manipulation and arbitrariness, we will continue to suffer from other manifestations of corruption. Severe delay of cases in courts by unnecessary applications and interlocutory appeals have been identified as a major setback in the administration of justice in Nigeria. There have been suggestions that interlocutory appeals should be concluded at the court of appeal. What is your opinion on this suggestion? What further steps can be taken to tackle delay in the courts? Yes, I subscribe to the view that interlocutory applications should terminate at the Court of CONTINUED ON PAGE 10

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22.03.2016

Invoking the Consumer Protection Act to Combat Fake, Expired Drugs and Food Products in Nigeria Francis Moneke

here is an alarming proliferation in various parts of the country of fake, expired drugs and food products. Many unsuspecting Nigerians on a daily basis fall prey to the grave problem of consuming such fake or expired drugs and food products either due to inadvertence or ignorance, and are consequently subjected to the monumental hazards, which such unwholesome items pose to human health. Unscrupulous manufacturers, importers, dealers, distributors and marketers of drugs and food products in Nigeria take criminal advantage of the widespread consumer inadvertence and/or ignorance to manufacture, import or sell counterfeit or stale medical and edible products to unwary and susceptible persons. A lot of such deleterious products do not even bear certification numbers or expiry dates. Therefore, innocent consumers in Nigeria are constantly exposed to the devious practices of these diabolical merchants of death, as it were. Indeed, many have lost their lives as a result of the unmitigated malevolence and illegality of fabrication and vending of noxious medical and edible substances, while countless more have become ensnared by all manner of malignant diseases – including cancer – owing to the insidious effects of such egregious products. Against this horrendous backdrop therefore, it has become germane to build a critical mass of intensely vigilant citizenry, who are aware of the perils attendant to the consumption of fake, expired drugs and food products, and well apprised of the redress mechanisms at their disposal for the counteraction of this ugly trend. To that end, it is pertinent to point out that Nigerian lawmakers set out to cure the mischief of producing, importing or selling fake and expired medical and edible products, and all other forms of consumer exploitation and abuse, by enacting the Consumer Protection Council Act of 2014. The Act created the Consumer Protection Council and subsidiary State Committees to assist the Council. Section 2 of the Act saddles the Council with the following

functions: a. To provide speedy redress to consumers’ complaint through negotiation, mediation and conciliation; b. To seek ways and means of removing or eliminating from the market hazardous products, and causing offenders to replace such products with safer and more appropriate alternatives; c. To publish, from time to time, the list of products the consumption and sale of which have been banned, withdrawn, severally restricted or not approved by the Federal Government or foreign governments; d. To cause an offending company, firm, trade, association or individual to protect, compensate, and provide relief and safeguards to injured consumers or communities from the adverse effects of technologies that are inherently harmful, injurious, violent or highly hazardous; e. To organise and undertake campaigns and other forms of activities as will lead to increased public consumer awareness; f. To encourage trade, industry and professional associations to develop and enforce in their various fields quality standards designed to safeguard the interest of consumers; g. To issue guidelines to manufacturers, importers, dealers and wholesalers in relation to their obligation under the Act; h. To encourage the formation of voluntary consumer groups or associations for consumers’ well-being; i. To ensure consumers’ interests receive due consideration at appropriate forums and provide redress for obnoxious practices or the unscrupulous exploitation of consumers by companies, firms, trade associations or individuals; j. To encourage the adoption of appropriate measures to ensure that products are safe for either intended or normally safe use; and k. To perform such other functions as may be imposed on the Council pursuant to the Act. Furthermore, Section 3 of the Act invests the Council with some expansive powers, namely: a. To apply to court to prevent the circulation of any product which constitutes an imminent public hazard; b. To compel a manufacturer to certify that all safety standards are met in their products; c. To cause, as it deems necessary, qual-

ity tests to be conducted on a consumer product; d. To demand production of labels showing date and place of manufacture of a commodity as well as certification of compliance; e. To compel manufacturers, dealers and service companies, where appropriate, to give public notice of any health hazards inherent in their products; f. To ban the sale, distribution, advertisement of products which do not comply with safety or health regulations. The Act provides under section 5 that the State Committee of the Council shall, subject to the control of the Council, receive complaints about injuries, losses or damages suffered or caused by a company, firm, trade, association or individual, negotiate settlement thereof, and where appropriate recommend to the Council the payment of compensation by the offending party to the injured consumer. Therefore, pursuant to section 6 of the Act, it is incumbent on a consumer who has suffered a loss, injury or damage as a result of the use or impact of any goods, product or service to make a complaint in writing to or seek redress through a State Committee. In view of the aforementioned gamut of extensive powers and functions imbued on the Consumer Protection Council, one is at a loss as to why all forms of market abuses and exploitation of consumers remain prevalent especially as regards manufacturing, importation and sale of fake and expired drugs and food products. One may however hazard a guess that the ugly trend is predicated on the one hand upon a lackluster attitude of the Council in proactively living up to the biddings of its statutory powers and functions; and on the other hand upon the failure of the citizenry to robustly engage the Council in seeking redress for market exploitations, abuses and malpractices. In order to curb the odious menace of market escalation of fake, expired drugs and food products in Nigeria, the following urgent responses are recommended: a. The Consumer Protection Council must embark on a massive nationwide sensitisation programme to apprise consumers of their rights, need to be vigilant in checking products before purchasing, lists of banned and unhealthy products, and redress procedure available to them. b. The State Committees of the Council

ë NIGERIANS HAVE A RIGHT TO KNOW WHAT HAPPENS TO RECOVERED PROCEEDS OF CORRUPTIONí Appeal. The Supreme Court has been inundated with several interlocutory applications that have proved to be nothing but a clog in the wheels of speedy administration of justice. Very many of these interlocutory appeals can be subsumed in the main appeal, because when allowed, they create congestion in both the lower court where the matter is pending and the Supreme Court when the interlocutory appeal has been lodged. The Supreme Court being the final Court, litigants should, in one case, have only one opportunity of getting there, that is, the main appeal; and not become a place for frequent visits and casual excursions by a single case. The Supreme Court is the policy Court of the land and must be final in every sense of that word. More specifically, the delay in criminal proceedings greatly affects the perception of justice delivery by the average Nigerian and it is harmful to the overall image of the Judiciary. In your opinion what can be done to reform the administration of criminal justice in Nigeria? Delay is not peculiar to criminal proceedings; there is delay in all proceedings in Nigerian courts, and the reasons for the delay are legion. However, it is heart-warming to know that the Judiciary has taken bold steps to deal with the some of these bottlenecks. As you know, the new legal framework, the Administration of Criminal Justice Act, 2015 has come with a whole lot of mechanisms for speedy trials,

including abolition of stay of proceedings in interlocutory appeals. Besides, the Federal High Court, the Court of Appeal and the Supreme Court all have practice directions for speedy disposal of criminal matters, particularly corruption matters. Recently, the Administration of Criminal Justice Monitoring Committee was inaugurated by the President of the Court of Appeal, with the Chief Judge of the FCT as the Chairman. These are all commendable measures to reform the administration of criminal justice in Nigeria. You have held various positions in the NBA, including the positions of Publicity Secretary, and Member of the NBA National Executive Committee. You have also previously demonstrated interest in the leadership of the NBA. If you are elected the NBA president, what changes will you introduce in the NBA? That was 10 years ago; in 2006 when I ran for the office of President of the Nigerian Bar Association. Now, I am content to remain in the background as a Bar leader or Bar Elder and make suggestions to those in charge to bring the required changes. I still remain steadfast in my belief that the Bar Association is not and must not be run as a political party but purely as a professional association. We are still copying the Nigerian politicians rather than becoming an example for them to emulate. You once chaired the Ethics and Conduct Committee of the NBA Abuja Branch. What

DG Consumer Protection Council, Dupe Atoki

must be duly empowered and expanded to effectively superintend the consumer markets across the States, promptly respond to complaints, professionally carry out investigations into such complaints, and satisfactorily provide remedies to consumers; c. The Council must ensure that drugs and food products without expiry dates are banned and flushed out from the markets; also it must especially be vigilant to the criminal practices of dealers who change the expiry dates originally inscribed on such products. d. Verifiable codes of originality to be emblazoned on drugs and food products, to enable consumers confirm the authenticity of products before consumption. e. Consumers must check the expiry dates of drugs and food products before purchasing. f. Consumers should insist on receipts of purchase, especially when buying from supermarkets or pharmacy shops – this will be evidence that a product was purchased from a vendor in the event of redress proceedings before the Council or even a court of law; g. Consumers should report producers, importers, dealers or vendors of fake or expired drugs and food products to the Council. The Council’s hotlines are: 08056002020, 08056003030. Email: contact@ cpc.gov.ng. Moneke is Executive Director of Human Rights and Empowerment Project (HREP).

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practical suggestions can you give for promoting the discipline of lawyers at the branch level? The problem with the legal profession is that we have sold the soul of the profession to mercantilism and sacrificed the spirit of the profession on the altar of commercialism because of the pressures of a depressing economy. A profession that ought to be an honourable one, where only fit and proper persons are called into it, and persons who would view it as a calling, has now become an all-comers affair because people are unable to find jobs in places where their hearts truly are. Therefore, ethics and good conduct have been thrown overboard, and integrity and honour have become history. Discipline is now a total stranger while respect for seniority, which is the foundation pillar of the profession has become a relic of the past. We need to return to the basics; we need to return to the honour and dignity that the profession was known for in those old days. At the Branch level, we need monthly orientation and reorientation of our members on professional ethics and conduct. Our disciplinary mechanisms are quite functional and many erring lawyers have been disciplined, but I believe that prevention is better than cure. Let us keep sounding and resounding these principles in the minds of our members as often as possible as a deterrent. There are arguments for the aboli-

tion of the rank of Senior Advocate of Nigeria because it has been adjudged to be discriminatory and it has been alleged that certain SANs are not living up to expectations. Will you support the abolition of the rank of SAN? Instructively, those clamouring for its abolition have not made out any prima facie case at all. Would you abolish the rank of Generals in the Army because it is discriminatory or because one or two Generals have not lived up to expectation? Luckily the rank of SAN has self-sanitising mechanisms that address cases of abuse and indiscipline where found. A rank that is designed to be the hallmark of distinction and recognition of excellence in the profession can only be a privilege, and not a right common to all. There is need to have something to aspire to; it is a tonic for hard work. In fact, defending and sustaining the rank is hard work in itself. You have a duty to live and lead by example. In these days when everything is fast losing its value in this country, to abolish or destroy the only rank of excellence we have will be to draw the final curtain on the last days of the glory of the legal profession. Generally speaking, it will be sad for my generation to helplessly watch the passing away of the tradition of excellence, the tradition of dignity and the tradition of honour of the profession handed over to us that we are expected to bequeath to the next generation.

22.03.2016

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THE CANVASS MICHAEL NUMA

michaelnuma@thecanvasscolumn.com

Dissenting Decisions and Future Relevance (Part 1)

espite the doctrine of precedent courts of law sometimes resort to the dissenting reasoning from previous decisions as the law in the next. Dissenting decisions are opinions that have no impact on the case from which they emerge as they are often times a lone or minority voice in the decision. Any legal argument drawn from a dissenting reasoning risks and should expect formal resistance by any court of law knowing it is a dissenting opinion. There are two such barriers, which together make dissenting reasoning a seemingly unlikely candidate for adoption or even reconsideration by a court in a later case. Both barriers stem from the notion that a dissenting opinion cannot be reconsidered because it lacks the formal properties required of it by the legal system. The first comes from the simple fact that dissenting reasoning is minority reasoning in every case. This puts dissenting reasoning squarely at a disadvantage to the majority; like in every democratic setting the majority viewpoint rules. Only recently the decision of the Court of Appeal in SARAKI v FRN (2016) 2 NWLR pt 1496 saw a dissenting opinion of Justice Joseph Ekanem JCA who allowed the appeal and disagreed with the majority judgment- that the CCT is not a court of criminal jurisdiction stricto sensu not being established under Section 6 of the constitution, though very persuasive in my opinion, this had no real impact because the dissenting reason had no consequences within the system at the time the same was delivered, it rather represents an opinion to be looked at perhaps for the future. The writer will attempt to illustrate this in the subsequent paragraphs of this article. The second formal barrier presents itself in the form of the doctrine of precedent. It operates in a more complicated way because its seriousness as a barrier depends on both the level of the court from which the dissenting reasoning comes, and of the future court in which that reasoning is reconsidered. These factors mean that a precedent operates either as a mandate or as a guide to prior judicial practice for a court making a current decision, in other words; precedential reasons leave a court either unable or unwilling to adopt a dissenting reasoning. The fundamental principles

are that courts must follow relevant decisions of higher courts in the judicial hierarchy, but the point is that courts still feel bound to go to the effort of slipping free of precedent. The use of dissenting reasoning in these situations, in which the lower court is simply bound to follow the majority, will be most difficult if not impossible. Another permutation of precedential reasoning should also be considered, however what about those situations where courts are able but remain unwilling to consider dissenting reasoning? Most commonly this occurs when a particular court hears a case on a point that it has already determined in some previous case(s) often times by the Apex Court. In these situations, at least in most common law countries, courts express their reluctance to depart from precedent although they are not strictly bound principally because of the concerns of certainty of the law. Suffice it to say however that the situation is slightly different with the US courts as they appear to overrule themselves within months on similar principles of law, the danger there is the uncertainty and instabilities it creates within the legal regime of that principle. Put differently, the reluctance to depart from a majority determined precedent is anchored on the court’s desire to promote aspects of the rule of law, like certainty, clarity and stability. The legal argument based on dissenting reasons must therefore acknowledge the potentially unsettling effect on certainty and its related values. On many occasions the harm will be too great. An attempt to illustrate such great harm is clear from the recent decisions of the Nigerian Courts with respect to the interpretation and applicability of Section 138(a) of the Electoral Act 2011 (as amended) which borders on qualification of a candidate at the time of the election and forms a ground to challenge the election of the person returned. What this section actually contemplates is qualification as prescribed by the Constitution vis–a-vis Section 177 of the Constitution with respect to the governorship election and section 65 with respect to elections into the National Assembly. However, this provision (i.e section 138(a) has been construed to mean qualification in a wider context, the process of nomination by his political party before the general election, which ordinarily is a pre-election matter, to form a ground to challenge an election before the tribunal. Heavy reliance has been placed on

the cases of DANGANA v USMAN 2012) 2 S.C. (Pt. III) 103 as well as ATAI IDOKO v INEC, to the effect that issues of nomination can be an election petition matter as well as a pre-election matter. The Court of Appeal in the just concluded election appeals followed this line of argument recently to nullify and in fact disqualified a lot of candidates on the prompting of the petitioners who are not members of the same political party. The Supreme Court only reversed the position in January 2016 in TERVER v ORTOM (unreported) that the issue of nomination is strictly a pre-election matter and an internal affair of a political party, thus the tribunal cannot entertain same. The victims of this inconsistency are too numerous and have no chance to remedy same since the Court of Appeal has become functus officio at the time the Supreme Court gave this decision. This justifies the reluctance of the courts of law to depart from their earlier reasoning or adopt a dissenting reasoning and choose to maintain some level of consistency. From the perspective of international jurisprudence, a dissenting proposition can most easily be adopted in the following circumstances: 1. if it can be shown that it ‘ best ‘fits’ with the set of principles already in the legal system. Such a dissent can then be adopted as the right answer to a legal question.: 2. if the court is persuaded that its framing of the relevant legal issues or facts is more relevant to the later litigation. 3. A third argument is that a dissenting position should be adopted because it will lead to better practical outcomes for litigants or society. 4. A dissenting reasoning can only be adopted if a suitably favourably wider context is present: this is a right place at the right time argument. The writer will attempt to expand upon each of these arguments. Best Fit The term “Best fit” was borrowed from Ronald Dworkin’s account of law as integrity. This term is used loosely, what literature and case law reveal is that there are several arguments a lawyer can advance for the proposition that a dissenting reasoning fits well within the legal system and accordingly, that it should be adopted as law. One common approach is to argue that the dissenting reasoning explains why the majority decision does not fit well into the legal system. Whether this is due to the majority’s misap-

plication of facts to a law, its choice of test, or its justifications for that choice, each leaves the majority decision vulnerable in the future. The dissenting proposition may then, by contract, be seen to give the better account of the correct legal position on any or all of these grounds. One crucial feature of a dissenting judgment is that it is embedded in the law. This protects it from the court’s protestations that the dissent is out on a limb. Another dimension of the argument is that the dissenting proposition fits well as it represents current values within the legal system. Lawyers should have the least trouble arguing from this strand of fit because there is no reason to assume that the majority is more likely to be right than a minority in relation to a value judgment. Dissenting propositions should therefore be more easily adopted as law where the judicial disagreement is about value judgments, in areas like ethics and politics, the appropriate judicial use of formal and substantive reasoning, the use or non-use of prior principles, and the weighting between values. A typical example to this argument is the dissenting opinion of Oguntade JSC in ATIKU v YAR’ADUA SC/51/2008 with respect to non-serialisation of ballot papers whether it amounts to a substantial non-compliance with the Electoral Act. It is the writer’s opinion that perhaps if the Apex court is faced with a case with similar facts in issue the majority decision might be overruled, towing the line of the dissent in that earlier decision. A selection of famous American dissenting judgments that became the law falls squarely within this dimension of fit. In that jurisdiction, dissenting judges have rhetorically been declared to be ‘secular prophets’ according to Percival Jackson “whose heresy today becomes dogma of tomorrow”. Most famous of all is the hallowed proclamation that dissenting judgments are an appeal to the brooding spirit of the law, to the intelligence of a future day. A representative example is the first Justice Harlan’s dissent in PLESSY v FERGUSON where he alone declared the American Constitution to be colour-blind. Six decades later it was unanimously adopted as law in the famous Supreme Court decision in BROWN v BOARD OF EDUCATION OF TOPEKA. This sort of case is the hero of the idea that a dissenting opinion can become the law, as soon as society catches up with its prescient reasoning. To be continued.

GOVERNMENT ENERGY CRISES: NJI/IIPELP WORKSHOP TO THE RESCUE CONTINUED FROM PAGE 5 private capital injection required to privatise the Transmission Company of Nigeria (TCN) led to the government decision to maintain the status quo by keeping the TCN pending when the Transmission system is sufficiently robust. The TCN which is charged with managing the sole transmission network relied upon by the DISCOS and GENCOS unfortunately lacks the transmission capacity to efficiently distribute the power generated by the GENCOS to the consumers, through the DISCOS. This is partly what makes the recent allegations of possible rejection of load allocation from GENCOS by the DISCOS, thereby preventing the Country from benefitting from the enhanced generating capacity in the existing power plants. Discontent among consumers has been further heightened by the recent announcement by the Nigerian Electricity Regulatory Commission (NERC), hiking electricity tariffs under the Multi-Year Tariff Order (MYTO) 2015, which was scheduled to become effective on the 1st of February, 2016. However, despite an injunction restraining the NERC by the Federal High Court sitting in Lagos in a suit filed by one Toluwani Adebiyi; a lawyer and rights activist, it seems that the

DISCOS have gone ahead to implement the increase in tariff as issued by the NERC. The Petroleum Sector has also seen its fair share of recent Policy and Legal reforms geared towards infusing transparency and efficiency. This has become necessary due to the poor policy implementation and corrupt practices that had prevented Nigeria's Petroleum industry from operating optimally. The Landmark Reform Bill (PIB) has eluded both the 6th & 7th National Assembly despite numerous promises by our legislators on the passage of the Bill. Even more recently in the face of low oil prices, the government has instituted a flurry of reforms to meaningfully address the rot in Nigeria’s oil sector. The initial results of these reforms seem to have led to significant disclosures and criminal investigations of previous policy implementations. It is against this background that the National Judicial Institute (NJI) in collaboration with the International Institute for Petroleum, Energy Law and Policy (IIPELP) presents a workshop with the theme “EMERGING LEGAL AND POLICY REFORMS IN THE PETROLEUM AND POWER SECTORS OF NIGERIA”. The workshop is designed to build the capacity

of Justices/Judges, lawyers and stakeholders/ operators in the Petroleum and Power Sectors in the technical and complex issues that are bound to arise in the litigation and adjudication of disputes as a result of the recent reforms. The workshop will hold from the 5th – 6th April, 2016 at the Andrews Otutu Obaseki Auditorium of the National Judicial Institute, Airport Road, Abuja at 10.00am daily. Nominated to attend the Workshop are, well over 100 Judges/Justices of our various Courts; Supreme Court, Court of Appeal, Federal High Courts, State High Courts, Industrial Courts, Investment and Securities Tribunal, Tax Appeal Tribunal. In addition, over 200 Senior Lawyers and Energy Industry Stakeholders are expected in attendance. The purpose of the workshop is to position Judges/Justices, lawyers and stakeholders to effectively play their respective roles in instilling stability and efficiency in the Petroleum and Power sectors. The workshop will be officially declared open by the Chief Justice of Nigeria, Hon. Justice Mahmud Mohammed GCON who is also the Chairman of the Occasion. According to Niyi Ayoola-Daniels, President of

IIPELP, The aim of this Workshop is to sensitise Judges and lawyers on the Legal and Policy issues arising from the developments in the Petroleum and Power sectors of Nigeria and it is strategically positioned to tackle the enigma surrounding major events in these sectors, provide the Judges with the professional skill set required to deliver informed judgments on cases arising from disputes in these sectors and cushion the effects of the fall-out of the crude oil price & electricity tariff crisis bedeviling the nation. Some of the topics to be discussed at the Workshop include: Crude for Petroleum Products Exchange Agreements (Oil Swap): Challenges and Socio-Political Perspectives in the Nigerian Petroleum Industry – Engr. Andrew Yakubu – Former Group Managing Director, NNPC; Dispute Management and Resolution in Nigeria, the Role of Judges – Justice Centus Nweze, JSC – Justice of the Supreme Court; The Role of NERC in Resolving Disputes within the Power Sector – Tony Akah, CEO of NERC; The Need for Sanctity of Contracts and the Experiences of an Investor in the Power Sector – Dr. Tunde Ayeni, CON, Chairman Ibadan Disco.

22.03.2016

THE LIGHTER SIDE/13

LEGAL HUMOUR

We Hold Your Brief JUDE IGBANOI jude.igbanoi@thisdaylive.com Dear Counsel, I write on behalf of myself and my colleagues. We are members of the cooperative and thrift society in our company and we have made substantial contributions in the last three years. Unfortunately we have been having problems in the cooperative recently. We had cause to question the expenses of the outgoing executives. One of the issues was that they made some entries in the accounts claiming they paid over N920, 000 as income tax for the year 2009 alone. This is because the society buys and sells some goods to members, especially during festive seasons. This has created a lot of strife because a member told us authoritatively that cooperatives are not supposed to pay taxes. Please we need legal clarification on this. What kind of taxes are mandatory for cooperative societies to pay? O.O. Onipanu, Lagos. Dear O.O., The operations and activities of cooperative and thrift

societies are well regulated by laws, which may vary slightly from state to state. However, I would say that the executives of your cooperative society are either misinformed or the books are not well kept. I do not know of any provisions in any law that requires cooperative societies to pay income tax. Under the Companies Income Tax Act (CITA), Cap. 60, Laws of the Federation of Nigeria, certain bodies and some activities of companies are exempted from income tax. Cooperative societies registered under the relevant laws of a state belong to the category of bodies exempted from income tax. Religious bodies, charitable organisations, educational bodies and bodies that promote sporting activities also fall into that category of exemption. I would therefore advise that you urge the executives of your cooperative to call a meeting where you and your colleagues will bring their attention to this anomaly. This will enable them rectify any wrong payments they may have made by way of income tax.

A young lawyer was in the middle of a big case and agreed with his heavily pregnant wife that if he won the baby’s name would be “Bode Clinton Ade” after his father’s favourite American President. His wife sneered at him and said “but if you lose his name will be “Bode Thomas Ade” after her favourite Nigerian Lawyer Sir Bode Thomas. So on the young lawyer went about with his case, each day narrating what happened to his eager wife, and sometimes she came to watch him in Court. His case was a difficult one, in fact his clients stood to gain more if they lost than if they won, but on and on the young lawyer went diligently with his case. His colleagues and lawyers on the opposite all knew of his wager with his wife and they all weighed in themselves on how the case would go. On the day judgment was to be delivered however, his wife went into labour and he quickly had to rush out of Court to the hospital. His wife was delivered of a baby girl and when the lawyer opposite telephoned with his congratulations he said “Congratulations are definitely in order, I hope your little girl likes being called “Bode Thomas Ade! I’m sure to donate the fee we won to her, all N1.00 worth of it!”

The Efficacy of the Cybercrimes Act 2015 Iyke Ozemena

he objective of the Cybercrimes Act which took effect on 5th May 2015 is the protection of critical national infrastructure. This was deduced from the preamble which states: “An Act to provide for the prohibition, prevention, detection, response, investigation and prosecution of cybercrimes; and for other related matters 2015.” Critical national infrastructure includes the promotion of cyber security, protection of computer systems as well as their networks; electronic communication, data and computer programmes, intellectual and privacy rights. The Act no doubt tries to be as encompassing as possible considering that all these vital provisions are found in s. 1 of the Act. It is such a sensitive piece of legislation that national information infrastructure comes under the Presidency and advice of the National Security Adviser. It is an Act that places Nigeria with the global community on the thorny issue of policing the internet. Having localised this duty to the national level it is only a matter of time to see the efficacy of these efforts. For quite obvious reasons s. 7 of Cybercrimes Act prescribes the registration of Cybercafés with the Corporate Affairs Commission as well as Computer Professionals and Registration Council. Cybercafés shall maintain a register of users through a sign-in register, However, the Act made no provision for sanctions if the section is violated. Cybercafés may be guilty of connivance in the case of crimes committed by users, the proof of which lies with the prosecutor. For instance does connivance include docility on the part of such operators? Enacted in a strange way s.10 prohibits a crime called “tampering with critical infrastructure”. Those who are likely to commit this offence are local government staff, private organisations or financial institutions with respect to working with any critical national infrastructure, electronic mails when not authorised by the worker’s contract of service. This offence attracts a fine of N2m or 3 years imprisonment on conviction. However, one wonders, why the Act did not use the words “Civil Servants” to extend the net beyond local government workers to all workers in government employment. In effect when any government worker who is not in the employ of the local government commits this offence, a defense may be available that the accused is neither employed by a local government, private

company nor financial institution. The Act in its part IV specifically stipulates the “Duties of Financial Institutions”. S. 37 (3) it provides that; “Any Financial Institution that makes unauthorised debit on a customer’s account shall upon written notification by the customer, provide clear legal authorisation for such debit to the customer, or reverse such debit within 72 hours. Any financial institution that fails to reverse such debit within 72 hours shall be guilty of an offence and liable on conviction to restitution of the debit and a fine of N5m”. How many financial institutions have not breached this provision? Where then lies the efficacy of the Act when s. 19 (3) Cybercrimes Act shifts the burden to the bank customer “to prove the financial institution in question could have done more to safeguard it’s information integrity”. I shall comment further on the experiences of an average beneficiary of the Cybercrimes Act later. S. 38 states that the duties of service providers include records retention and protection of data, subsection (5) is very apt and reflects the protection available under the law, it states that : “Anyone exercising any function under this section shall have due regard to the individual’s right to privacy under the constitution of the Federal Republic of Nigeria 1999 and shall take appropriate measures to safeguard the confidentiality of the data retained: processed or retrieved for the purpose of law enforcement”. One wonders if such assurances can make a bank customer regard his data as being adequately protected by the bank. S.40 of Cybercrimes Act places an obligation on service providers to render assistance to the law enforcement agencies with their duties to track offenders especially when the alleged crimes were committed. It takes the spirit of a patriotic National Security Adviser which has proved scarce, to comply with these provisions. If not, why have Nigerian GSM network providers not assisted the Federal government in its onslaught against Boko Haram who have been using mobile phones, videos and internet communications without detection. S. 42 establishes the Cybercrimes Advisory Council to perform various functions and its powers are listed in s. 43 of the Act. S. 44 establishes the “National Cyber Security Fund” which is the Cybercrimes Advisory Council’s major source of revenue, it includes funds from “grants in-aid and assistance from donors, bilateral and multilateral agencies. For an organisation that receives donations one would have expected donor agencies to qualify to attend quarterly meetings of the council stipulated by s. 42 (5) of the Act. But the First Schedule to the Act does not mention that any agency or

organization should attend any meeting. Do they not have any interest for the cause for which money is donated? Since the offences under the Act are global and extraditable, giving an option to attend the meetings would have been most appropriate because these organisations have been in the battle longer than developing knowledge economies. Any attempt to assess the impact of this act would acknowledge the first casualty to be Lagos social media commentators/ bloggers arrested for comments alleged to have breached the provision of s. 24 (2) which provides: “a person who knowingly or intentionally transmits or causes the transmission of any communication through a computer system or network (a) to bully, threaten or harass another person, where such communication places another person in fear of death, violence or bodily harm to another” and “(c) containing any threat to harm the property or reputation of a deceased person, firm, association or corporation, any money or other things of value”. This section punishes an offender on conviction with a fine of N25m, however in the case of paragraph (c) the offender faces the imprisonment of 5 years or minimum of N15m. If this is a preview of the Act, then George Orwell’s book “1984” is about to manifest, because the state would have taken away the freedom of expression guaranteed under the 1999 constitution. Some commentators have argued that Nigeria’s communication policy does not carry everyone along especially those not conversant with modern information technology. No one can say categorically whether the 8th Assembly is keen on considering the proposed “Nigerian Electronic Communications Bill” which was not passed by the 7th Assembly. One of the provisions, s. 15 (1) criminalises unsolicited and irritating messages which is common with most communication operators. Indeed a jail term of not less than 1 year or a fine of N2m, as well as a death sentence are imposed. The highest sentence applied to “offenders who commit crimes against the law by penalising any person who, by means of public electronic communication network, persistently sends a message or other matter that (a) is grossly offensive or causes any such message or matter to be so sent; (in this case telecom operators) or (b) sending electronic messages that are known to be false, and could cause annoyance, inconvenience or needless anxiety to another or cause”. One of the principal objectives of the passage of Cybercrimes (prohibition, prevention etc) Act 2015 is the protection of critical National Information Infrastructure: but term “National CONTINUED ON PAGE 15

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22.03.2016

A Strategy Roundtable on Removing Legal and Regulatory Obstacles to Solid Minerals Development in Nigeria was held at the Transcorp Hilton Abuja on Thursday March 17th , 2016. Here are some of its attendees, legal experts and stakeholders in the mining industry in photos: Julius Atoi Nigeria.

Chairman, Senate Committee on Solid Minerals, Senator Joshua Dariye (left) and Kaduna State Governor, Mallam Nasir Ahmed el-Rufai

Mr. Olawale Fapohunda (left) and Mr. Gbenga Oyebode

Minister of State, Solid Minerals, Hon. Abubakar Bawa Bwari (left) and Bauchi State Governor, Mohammed Abdullahi Abubakar

Mrs. Ifueko Alufohai (left) and Mrs. May Agbamuche-Mbu

Mr. Isa Alade (left) and Mr. Femi Olubanwo

Commissioner for Commerce and Industry Ogun State Otunba Bimbola Ashiru (left) and Kaduna State Attorney General, Mrs. Amina Dyeris-Sijuwade

Kano State Attorney General, Hon. Mohammed Haruna Falaki (left) and Director Legal Services, Federal Ministry of Solid Minerals, Mr. Ibrahim Dikko

Mrs. Priscilla Ogwemoh (left) and Commissioner for Commerce and Industry Zamfara State, Mrs. Fatima Umaru Shinkafi

Mr. Tunde Egghead Odewale (left) and Mr. Gbite Adeniji

Plateau State Attorney General, Mr. Jonathan Mawiyau (left) and Sokoto State Commissioner for Solid Minerals, Alhaji Muhammad Bello Goronyo

Mr. Simon Malgun (left) and Mr. Abdullahi Abbas

Sola Arobieke (left) and DG, DAWN Commission, Mr. Oladipo Famakinwa

Mr. Jide Obisakin (left) and Mr. Ibrahim Muhammed

T H I S D AY • TUESDAY, MARCH 22, 2016

BUSINESSWORLD

ENERGY

Cole: Stakeholders are Devising Ways out of Oil Price Dilemma The Executive Director and co-founder of Sahara Group, Mr. Tonye Cole told Chineme Okafor on the sidelines of a meeting of African oil producers in Abuja, that stakeholders in the oil and gas sector now see unity of purpose as the only way out of the oil price dilemma. Excerpts: rest of Nigerians take that very new thing that has been used and discarded and get it going on by reengineering it. Now, have we been able to capture that skill of reengineering? We see the Igbo traders who go abroad and bring in many discarded things and reengineer these items, package them and resell them. This in itself is a whole market. But we don’t understand that in that technology of reengineering is a huge market. All you have to do is to maximise and legitimise it, take it into the oil industry and move it forward. There is a place for reengineering and there are so much more. But we have to make people know that such things are not bad. That is how China developed. They looked at things, reengineered these things and learnt how to do it and began to do it and we can do the same because we have the same capacity.

What were some of the thoughts that operators threw around at this meeting? I have been in this industry for the past 20 years and during this period we have seen oil prices move up and down, it is always constantly moving. But one of the last things that we saw as oil prices got to about $100 per barrel was that different companies and stakeholders in the business were positioning their own interests. So, everybody was talking but very few people were listening. The one thing that you see when oil prices start coming down to the level that it is now is that it creates worry and make people sit down and for the first time begin to ask how can we get out of this crisis? So, it is for different heads from different areas to come together and look at the problem from a common view point, which is what is and has been happening recently. What is that common view point? Now, that common viewpoint is that everybody needs to survive in this period. The government needs to survive, the oil companies need to survive and the stakeholders too need to survive, even the local communities that agitate that the crude oil is their resource need to survive. So, that survival is why everybody needs to and should be able to come together and say how do we forge ahead from here? The next thing is that even if we survive now there needs to be long term sustainability. This is the time that people cannot fail to plan for the long term. This is not peculiar to Nigeria or Africa, but how will the talk here influence the global oil situation? There are solutions that are African-centric, that is, solutions for us which can work for us. So far, what we do a lot is that we import things: technology, ideas, and all sorts of services that have been developed to work for the foreign markets and operations. It works for them and then is exported to us to work for us. What we have to do now is to reverse that trend, look at our own situation and when we can create solutions that work for us, then, we are able to export that to other areas as well. There are many African countries that are just coming up, they just discovered their own oil and they are going through a process that we have been through; Nigeria is at the forefront of developing solutions that work within our environment which we can then use in any developing country and that is what we now need to start talking about. Is your group doing what you are talking about? Some of the solutions that we have found for example are cross-border solutions. Ghana, for example, requires power. Nigeria is developing power in the Public Private Partnership (PPP) model, whereby private companies who are Nigerians totally have come and looked at the model. Because international companies all promised that they were going to come and spend money and all of that, but none of that happened, and then you have to develop a framework and policy that works within the society. So, one of the things that we did was that we sat down with the Ghanaian government and said to them that these are the lessons that we have learnt here and these are the solutions that we need to put forward there. And those kinds of things are working beautifully because you are now exporting solutions that have worked for you so that we don’t make mistakes, and we really do not need to make the same mistakes all the time because we can learn from others, and that is just one solution out of many.

Cole Does Africa really have that capacity to develop solutions for its oil and gas production? We do. For instance, when we started 20 years back in the oil and gas business, two things that we did at the time was that one: international oil trading was handled by foreign companies, oil financing for trading

There is so much that Africa can learn from Nigeria because we have real life case studies, which others can learn from and I tell people not to look down on Nigeria in a way that there is nothing to learn from here because there is actually a lot they can learn as we have learnt it the hard way and they don’t need to make the same mistakes

was handled by foreign companies, and thirdly, there was no indigenous local people that knew how to trade crude futures and its associated products and by trade I mean the actual trading that involves the buying and selling of crude, not the kegs, but knowing what happens in the futures, commodities and all of that. That capacity did not exist. Today, over time one of the things that Sahara has done is that we began to train our young people and bring them up to that level such that they sit on negotiating desks, working out in Dubai, Singapore, Ghana and closing deals. One thing you should know about Nigerians is that we are aggressive when it comes to our entrepreneurial mindsets, we believe in ourselves. So, all you have to do is to give us that opportunity to express it. We have driven up to be in the forefront such that Nigerian banks are able to do the financial aspects of oil trading effortlessly and they now open LCs and all that instruments. We know what to do all the times and we can do it. What about the fact that the oil technology is still embedded in the IOCs? I think that one of the things we need to look at is our inward solutions. And this means knowing what you are really good at. And once you know what you are good at you begin to develop it to meet your needs. One of the things that Nigerians always do is that a Nigerian would take any technology that you have in your hands and will adapt it and will keep it going over and over again. He can make it function even when other people would have thrown it away. This is one of the simple skills that we have that we don’t take note of and don’t do much about it. Yet, some people at a particular level always want to buy new thing that’s one side or group of Nigerians. But 99 per cent of the

Now, after this meeting, what should be the conversations of APPA countries? I hope that at the end of the day, all the 18 countries would create borderless thinking and this is very important because as we have worked across Africa, we found out that one of the things we have had to break down was the issue of borders and countries of origin. After 18 years of pushing that, we discover, it is much easier to operate within the West African sub-region and today we are operating. That is another thing that the low oil price has done for Africa because it has opened up her through others because they know that we are all in this together and that solutions that work in Nigeria can work in Gabon and Tanzania and others. Is there a parallel in Nigeria’s downstream challenges with other African countries? In Nigeria, the one thing we have talked about is subsidy and all that sort of control. We already have a lot of lessons to learn from these sorts of issues, now other countries have to sit down and learn from us: what are the mistakes and gains we have from PPPRA and restructuring of our downstream to allow independents own at least 60 per cent of the market. There is so much that Africa can learn from Nigeria because we have real life case studies which others can learn from and I tell people not to look down on Nigeria in a way that there is nothing to learn from here because there is actually a lot they can learn as we have learnt it the hard way and they don’t need to make the same mistakes. Frankly, if they go to MIT and others looking for solutions to Africa’s challenges, they won’t get it. They need to come to where we have learnt it the hard way and understand the whole essence of the conversation around their challenges. How can Nigeria get its power systems to begin to work hard for its development, you are a major player? It is about the same principle we apply in petroleum. It is about stakeholders’ engagement because everybody has interests. In power, the interest of the consumer is steady supply, the producers want to supply light and we are all around the same interest. Before the economics, everybody wants power and that is the principle. Once that is put in the central pole, all the stakeholders would have to come on a table to discuss and listen. The difference that has been made in the last couple of months is that stakeholders are listening to everybody and their interests, then they are all getting around for solutions to the challenges and if we try to rush all of these, we will fail. This has to be communicated across to everybody.

T H I S D AY • TUESDAY, MARCH 22, 2016

BUSINESSWORLD

ENERGY

Oil Workers’ Protests, One Protest, Too Many Oil workers’ incessant protests against efforts to reform the petroleum industry, notwithstanding its numerous benefits to Nigerians, is one major issue the government has to contend with. Ejiofor Alike and Chineme Okafor report Following the compelling need to reform Nigeria’s oil and gas sector and the delay in the passage of the Petroleum Industry Bill (PIB), which among other things, seeks to unbundle the NNPC, the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu recently made audacious moves to restructure the state-run oil company, to make it a real revenue generating organisation. Since 2000, attempts by successive administrations to reform the oil and gas sector were either halted or unnecessarily delayed due to resistance to the status quo. While the PIB initiated in 2000 continued to suffer delay, former President Goodluck Jonathan had also initiated a key step to reform the downstream sector by his attempt to remove petrol subsidy in January 2012 but this was also resisted. The former President’s attempt to remove subsidy, following the non-passage of the reform bill, which also seeks to remove subsidy, had prompted a backlash, resulting in labour strikes and street protests that paralysed the country’s economic and social activities. The labour, which is averse to the change of status quo in Nigeria due to fear of job losses, with the support of the then opposition political party and the masses had mobilised against the subsidy removing, forcing the administration to reverse the decision after one week of protest. Rationale for NNPC’s restructuring As part of his campaign promises, President Muhammadu Buhari had vowed to overhaul the country’s oil and gas industry. Previous administrations also saw the need for reform, hence the PIB, which three previous administrations had worked on. But with the non-passage of the PIB to split the NNPC into several entities, the Kachikwu-led reorganisation became imperative. Kachikwu’s pronouncement was Buhari administration’s first major attempt to reform the oil industry after the reform bill, which seeks to reform the industry, could not be passed into law by the previous administrations. “At the end of the day, the reality is that nobody stays in public office forever, and so whatever combination you call it, at some point, Dr. Kachikwu will exit and life would have to continue but I hope that when I exit, I would be leaving a good testament in terms of what a national oil company should look like - in terms of efficiency, in terms of profit and loss (P&L) delivery and in terms of the beautiful brains that are trained up to be able to do that job. I think that is more important,” said the minister when he unveiled his plan in Abuja. Kachikwu had at a press briefing disclosed that Buhari had endorsed the reorganisation of state oil company - the NNPC – a corporation that had reportedly operated below average amongst its peers for years now. Viability of reorganisation According to the minister, the corporation will henceforth operate with seven reformed groups or divisions - five business-focused divisions comprising of the upstream, downstream, refining group, gas and power, as well as, ventures group; and two non-core divisions, finance and services groups. Before this development, the corporation had operated with 12 strategic business units responsible for exploration and production, gas development, refining, distribution, petrochemicals, engineering, and commercial investments. But under the new arrangement, the corporation would operate with seven divisions and 20 sub-units with heads to guide their tasks. The minister further explained that the restructuring would provide NNPC with a new break to become productive again. Buttressing the government’s larger plan for NNPC in terms of the reform, the minister explained that issues of business efficiency and governance transparency which had reported eluded the corporation for years now would be restored through the process.

“If one man has to drive this all the way, things get lost in terms of efficiency and bureaucracy is longer. We are trying to take authority down to the basement, go meet them there with authority, let them be able to exercise it and work hard.” “We are trying to drive these changes, trying to get this place to a point where at the end of the day, hopefully we would have through the new cast of people you are putting into these positions and working with them, they can see what the dream is and what the timelines are and it becomes easier for them to be able to continue on that sort of pace if I am not there tomorrow,” the minister had further explained. Observation by labour, others Less than 24 hours after Kachikwu announced the restructuring of the NNPC, both NUPENG and PENGASSAN went on strike, complaining that they had been left in the dark about the changes. The two unions closed down two refineries, with tanker drivers and filling station operators also joining the strike. NNPC workers also barricaded the company’s headquarters in Abuja in protest against the changes, with many filling stations in Lagos and Abuja experiencing petrol scarcity, thus paralysing traffic. A Senior Advocate of Nigeria (SAN) and human rights lawyer, Mr. Femi Falana also argued that the reforms carried out by Kachikwu

However, absence of sustained reform has stalled Nigeria’s crude oil output as it still hovers slightly above 2 million barrels per day after hitting pre-militancy level of 2.5 million barrels per day in 2005

were illegal in every material particular. “Section 2 of the Nigerian National Petroleum Act stipulates that the affairs of the corporation shall be conducted by the Board of Directors of the body. To that extent it is the board of the corporation that is saddled with the responsibility to carry out the reorganisation of the body. The board of the NNPC shall consist of the minister of petroleum resources, permanent secretary, Federal Ministry of Finance, the Managing Director of the Corporation and three other persons appointed by the President. The minister shall be the chair of the board. By virtue of section 3 of the Act the Managing Director of the NNPC shall be the chief executive and shall be responsible for the execution of the policy of the corporation and the day-to -day running of its activities,” Falana explained. “Since the board has not been reconstituted by President Buhari the minister of state, Dr. Kachukwu has usurped its functions and has been running the affairs of the NNPC like a sole administrator. Thus, the combination of the posts of GMD of NNPC and minister of state in the ministry of petroleum resources has compounded the illegality,” Falana added. The House of Representatives also opposed the reforms on the ground that it was illegal, insisting that it was subject to the approval by the National Assembly. However, responding to the protest by the labour unions and the concern raised by the House of Representatives on the legality of the reform, Kachikwu, in his defence, apparently reversed himself just like the administration of former President Goodluck Jonathan was forced to reverse its decision to remove petrol subsidy in January 2012. Kachikwu stated that NNPC had not been broken up or unbundled as erroneously reported. He said what the president approved was the restructuring of the corporation, adding that there was nothing wrong with it as long as it was done within the confines of the law. “NNPC has not been unbundled or broken up. It remains the same entity but with different units internally for enhanced efficiency and profitability. Besides, the NNPC Act allows for the restructuring of NNPC,” he added. With the resistance mounted by PENGASSAN and NUPENG, as well as the National Assembly, President Buhari’s promises of overhauling the oil and gas industry may have to wait until the PIB or another enabling legislation is passed into law as this administration’s key step in overhauling the oil sector by way of

restructuring the NNPC has been questioned, if not halted. What future portends for NNPC The NNPC and indeed, Africa’s biggest economy have paid and will continue to pay a great price for the resistance by entrenched interest to changing the status quo in the oil and gas sector. Established in 1977 to secure Nigeria’s interests in her hydrocarbon resources, the NNPC was expected to have steadily grown its interests in crude oil exploration and production, refining, petrochemicals and products transportation. According to its founding laws, the corporation was set up to leverage on its exclusive vantage position to mine and extract extensive values from Nigeria’s crude oil resources. However, the consensus is that the corporation has failed in its mandate, fueling the need for a reform. With the non-passage of the PIB, which is the legislation that would have revamped the oil and gas sector, there has been an air of uncertainty in the operating environment. Some international oil companies (IOCs) have delayed or cancelled investments since the past eight years, with Financial Times estimating that the non-passage of the PIB had stalled $100 billion of new investment from international oil majors since 2008. With Kachikwu’s efforts to enthrone transparency, NNPC revealed a loss of about $1.34 billion in 2015 and the fact that the figures were revealed was an indication of the success of the minister’s efforts to entrench a regime of transparency, not seen in years. However, absence of sustained reform has stalled Nigeria’s crude oil output as it still hovers slightly above 2 million barrels per day after hitting pre-militancy level of 2.5 million barrels per day since 2005. The absence of reform had also frustrated the country’s target to hit reserves target of 40 billion barrels and production target of 4 million barrels per day in 2010. An obvious resistance to the compelling need for reform in Nigeria’s oil and gas sector also manifested in the apparent conspiracy against the passage of the PIB, eight years after it was submitted to the National Assembly by the late President Musa Yar’Adua. The politics of the fiscal regime and other issues fueled resistance against the passage of this all-important legislation, thus hampering the effort towards sustained reform.

T H I S D AY â&#x20AC;˘ TUESDAY, MARCH 22 2016

BUSINESSWORLD

INDUSTRY

Adekoya:ForexCrisisHasNotHurt FMCGBusinesses The acting chief executive officer of e-Business trading platform, Konga, Shola Adekoya, tells Crusoe Osagie that the foreign exchange crisis and the economic downturn have not really affected fast consumer moving goods instead they have reduced the brand sensitivity of their customers Your market share The share is very hard to say because the figures are propping. I do not know exactly how much competition is making, I do not know how much Shoprite or Spar is making and I also think one of the biggest challenges we have in Nigeria is that FMCG sector is still plagued with a lot of informal trading happening and there is no adequate research in that area to say this is the total size of the market, but I will say we are doing quite well

Economic downturn and its impact In the Fast Moving Consumer Goods (FMCG) market, as long as you are servicing the daily needs of people, you will continue to experience growth. What we saw with foreign exchange and the decline in the economy was just a resetting, where people who use to buy Iphones will choose to buy another model, people are probably less brand sensitive. So I think it is more of a reset rather than a downturn for FMCG and at that point, you will see the value of things that the people are buying maybe a little bit lower, you may say revenues would have been impacted, but the consumer must buy because it is a daily need they have to meet except if you want to talk about the categories of luxury goods, that is where you will get hit hard, but if you are in a category where you are servicing daily needs, people will have to buy, but what they buy might now be different when they become less sensitive to brand. Other challenges apart from forex What I will say is that we have noticed people tried to buy online because we actually deliver better value online and offline, so when you have lower prices to spend in the economy, people look out for places where they can get value for their money spent and Konga.com is one of those places and that is what we have seen in the last three months where people now come online to at least see what we have and we are seeing more people buying because they are looking for deals that they will not quickly get in shops and when you shop on Konga today, the buying is different from the paying, so you buy and register your interest where we have different paying options such as pay on delivery, pay with card and Konga pay. Konga pay is actually another value proposition we have brought to Nigerians where you actually see 5 per cent off of whatever it is you are buying at Konga. All you have to do is to link your bank card to your Konga pay account and you get 5 per cent discount off on anything you buy. So when I was talking about people looking for cheaper alternatives, we were able to provide that opportunity for them. Who do you consider as a consumer A consumer for us is literally any Nigerian or anyone residing here. Anybody that wants to buy anything for their daily lives, any need that you have and you need to purchase, we believe we can make Konga.com the destination where you can buy all your daily needs. So a consumer for us is as wide as the whole of Nigeria and ultimately Africa. We do not just think about only Nigeria but about Africa. So everybody is a consumer. How do you manage trust Issues Trust is a very big item on our agenda and we always monitor customer feedback. First of all, we have a whole floor of agents working on trust and safety. Anything that looks dodgy and anything that does not look right, we bring it down quickly and also follow up with merchants and even the shippers. We have a whole team dedicated to make sure that customers experience the Konga experience and we also make sure that they do no lose out on this experience. You will never lose your money on Konga. This is what we have put in place now. Apart from that, we have also gone with Konga pay, to say that apart from getting 5 per cent off on anything you buy, because it is prepaid, it makes your delivery very quick and it is easy. You do not have to worry about cash and counting and all of that, you just collect your item and move on, but more importantly is that this money is held in a Nigerian bank and we do not take the money until delivery is made. As a customer, if you are able to use Konga pay to make payments, it gives you an extra guarantee and knowing that your money is there, you will get it back instantly should you want refund, so one of

Payment challenges Yes, what drove us to Konga pay is the issues we have seen with bank cards where people try to make payments online and the cards decline where we cannot get back to the customers to explain why, but with Konga pay we can tell exactly what is wrong and why it is wrong and we used to have a high rate of failure, but with Konga pay, there is little or no supply payment issues. About a year and half ago, we decided that when we import technologies, now we have our own software development experts and we are working with some more experienced software engineers in South Africa developing technology for Nigerians.

Adekoya the benefits of Konga pay is to do refunds and because we have not used the money so to return it will be within hours or minutes in some cases. Your cost of products compared to other markets When I compare, I know this for a fact that we are way cheaper than the local market. We found out that when we are doing deals that we have some customers from the local markets who buy from us to resell. I know for a fact that we are cheaper than a lot of the offline and local markets because we buy in bulk and we are particular about giving value to our customers and our deals are very clean and tight just to make sure we deliver value to our customers. You will find that we get whole lots of our customers from the local markets trying to resell what we sell. Do you buy from different sources There is a very long chain in the industry, at Konga, we try as much as possible to get close to the Original Equipment Manufacturers (OEMs) and we go further on the chain to deliver values to our customers. For you to go into any market in the country, you have to go through from one sub-dealers to another, but we cut that off by going close as much as possible to the OEMs and deliver straight to the customer and in cases where do not get directly from them, we will get from their first distributors in Nigeria and sell straight to the customer. Deliberate policies by the federal government to support the industry you operate I guess the only one I can point to is the cash less economy, so the more we go cashless, the better it makes e-commerce operate in the country. Most people do not have an alternative even when you go off line, you have to do electronic payments so it means for us at Konga, we do not have to work too hard to convince you to pay online and I think one of the challenges we have is that people even offline, still do not trust their bank cards, different means of electronic payments. So the government pushing towards cashless policy helps us as an industry.

Impact of cashless economy on turnover I think for us, what we have found the most impactful is our Konga pay proposition. Since we launched Konga pay, it has taken a huge chunk of our pay on delivery orders and converted it to people that are pre paying and I guess the beauty of that is that as people get more comfortable with the Konga pay solution, they see how easy it is people will get attracted even more. With the Konga pay, we have increased our orders by 10 per cent. Accuracy of delivery On Konga, we have about 40,000 small merchants that lists their products on Konga and we manage to process the technology to make people come on line as they try to buy from other merchants. What we are trying to do is to first of all say payments will be held and until delivery is fulfilled, we do not actually pay out to the merchants. This is to protect the customers, we are also always on the look out for items that do not look right. We actually have a vetting process where you do not just load in your products without us carrying a thorough check. We have an inner big team of viewers who go through your description, pictures and the pricing and if your products look odd, we do not just take it. We have also introduced a new process where we actually vet the merchants. So they go through a vetting process, training to understand e-commerce, understanding the importance of doing exactly what you put online. We are training merchants to actually deliver what they offer and we are also vetting them as well. We built our own logistic network, so the merchants have to give it to us to ship it and at that point we are vetting to see if it is the right item and we compensate customers if a merchant has given a wrong product either by replacement or compensation if they experience any thing like that and because it is something new in Nigeria, we have to train people, merchants in this industry , so we went through a phase where we had a lot of complaints, we have cleaned it out and we are presently at a point where we feel very much comfortable. What we have on the platform, the kinds of merchants all understands the customersâ&#x20AC;&#x2122; needs.

Delivery challenges in Lagos Lagos is actually one of those areas where we are very dense in terms of our delivery capacity and in a few weeks, we will be launching same day delivery service in Lagos where if you place your order on Konga , you will get your order the same day. So in terms of delivery strength, we have a very strong network and this latest service will be rolled out in the couple of weeks and this is what Lagosians want. Kongaâ&#x20AC;&#x2122;s biggest challenge I think it is people embracing e-commerce and I think Nigerians can do more. The market is big, there have been a lot of online fraud where people have had bad experiences and because of that, you see people hesitant to go online to buy what they need on a daily basis, what makes life easy for them and despite the value you are offering to them, people are scared to ask if online delivery is true or not. So, there is a need to people to be educated and people also need to experience it. Locating the buyer This is a technology we are coming up with to help us so that if we make one delivery today, we can easily go back there the next day, but today, we actually call the customers and because the delivery guy is a hyper local and he goes to same area everyday and he knows the area. This is the benefit of building this kind of network of entrepreneurs, people who are local. It is a capacity we are building using local knowledge. Global opportunities for e-commerce in Nigeria and for Konga I strongly believe in the opportunities that e-commerce has in Nigeria and I do not think we have tapped anything just yet. When you compare us with developed economies and as consumers are beginning to get more sophisticated, they understand what e-commerce stands for, I think it will only get better and if you think about the number of people that have access to data, we are talking about a 100 million people using mobile phones, using data services, social media is just getting them to also experience e-commerce. The market is huge and there are very countries where you cannot find these huge numbers of people using data on their phones and in terms of the future when you look at the demography of Nigeria, we are a very young country where younger Nigerians can be compared to their peer group anywhere in the world and they know how to use technology very well, it can only get better

T H I S D AY • TUESDAY, MARCH 22, 2016

BUSINESSWORLD

INDUSTRY

Angya: We Are Reducing the Prevalence of Fake Products The acting Director General of the Standards Organisation of Nigeria, Dr. Paul Angya, told Crusoe Osagie that all hands are on deck to eliminate substandard products from the country. Excerpts: What is your vision for SON, in terms of dealing with substandard products in Nigeria? My vision for SON is to see an organisation that clearly understands its mandate, which is to reduce to the barest minimum the exposure of Nigerians to products that are not of good quality, that are unsafe and that do not give them value for money. My means of attaining that vision is to organise a motivated and passionate workforce that imbibes the ideals of delivering safe, quality and affordable products to Nigerians, in such a way that we will work as one unit, one heart and one body to ensure that this vision is delivered within my time in custody of the office of the Chief Executive Officer of SON How much damage do you think substandard products have caused Nigeria in the past decades? We are all living in Nigeria and we know the dangers and harm that substandard products bring to our people, not only in terms of health, but also their economics. For example, you have to buy an electric bulb for up to three times, where in other countries, one bulb will do, because of the difference in quality. I do not even want to compare us to Europe or America. In Ghana, you can use an electric bulb for six months, but here, sometimes if you are lucky, you use it for three months; and that’s even the one they say is quality. Usually, within one week, it is gone and you have to keep buying it, losing up to 70 per cent of your resources, without getting commensurate value. And when you multiply that loss on an individual basis, it is huge, because literally every home in this country buys these bulbs. This people who can barely afford to put food on their table still have to go repeatedly to buy the same bulb. So you can see the cost of substandard products to the economy, and these touches on so many aspects of our daily living, because these are daily products. Is it clothing, shoes or higher products such as electric cables, they are all affected and they impact negatively on the economy. So, if every individual is losing about 70 per cent of value on the products that they are consuming because they are substandard and you aggregate that to the national loss, you will find out that Nigeria is actually filtering away about 70 per cent of its resources on things that we are not getting any value on. And then you go back to look at the issues of health. Some of these products are dangerous to the health. We can talk about substandard electric cables that set houses on fire, or faulty and expired gas cylinders, like I heard yesterday that the chancellor of the University of Lagos lost his brother to a gas explosion at the University of Lagos guest house. I am sure that if you investigate, you will find some overage gas cylinders which ought not to be in use and which were probably leaking, causing the explosion. Is there a feedback channel that customers can complain to regulatory agencies when they are short-changed buying these substandard goods? This is a critical question which we have been trying to give answers to, but it goes back to our mentality, because our laws are replete with provisions. Even without looking at the SON, there are provisions in our civil laws for where somebody is liable for acts that are done in negligence, or inability to deliver value for the money you have received, and in criminal law for producing products that are harmful or intended to deceive unsuspecting consumers. We have all of these in our laws. They have been there and when you come to specific laws relating to institutions like SON, NAFDAC, NESREA, CPC, there are provisions. The problem is that Nigerians find it too cumbersome, time wasting, and so most times, they walk away from their rights. When a Nigerian buys a substandard good, he does

Angya not go back to complain, he simply throws the bad goods away and buys another one. But if he goes back, there are so many laws that are related to that singular act of selling a substandard product. It is criminal, it is cheating and it is a fraud. Specifically when you come to institutions like the SON, we have a full fleshed department dealing with customer feedback and complaint which we call the CF and C department. We are online, we receive complaints from the media and this CF and C has desk in all offices. We are present in the federation, where anybody can walk in and make a complain and that complain comes directly to the desk of the Chief Executive Officer of SON and even before reactions come from the office of the Chief Executive, that desk has already started investigation immediately and then it comes as high to the office of the Director General where decisions, recommendations are taken. So the treatment of complaints comes to us and they are treated, I can tell you that we have quite a reasonable number of statistics showing successes where we have redressed issues and where we have also received commendations from the general population on how we have treated consumer complaints. What are some of the steps to help Nigeria earn more from non-oil products? The first major step I will take is to have our national quality policy document approved by the Federal Executive Council (FEC) because as far as export market is concerned there are critical infrastructure that needs to be in place and needs to be up and running for our products to receive acceptance from overseas. The national quality policy is the document that has reviewed the important and relevant infrastructure, both in Nigeria and overseas, and it has also prescribed the relevant quality infrastructure. When we talk about quality infrastructure, we are talking about those facilities, institutions that facilitate the verification of the quality of products. You are talking of laboratories; in fact you are talking about standards themselves. Standards are things you cannot see, standards are like literature, standards are ideas, concepts that prescribe what necessary criteria a product must have before it can meet quality requirements. Standards also prescribe test methods,

to say how are you going to test this material to ensure that it meets the standard prescription. And you can only achieve these only when you take it to a laboratory. Laboratories are also quality infrastructure because you can use the laboratory equipment to make sure they meet with standards. Laboratory results can only be acceptable in the outside of Nigeria because in Nigeria we are not exporting, but for that Nigerian product to be accepted at the international market, it has to come accompanied with a certificate that is issued by a laboratory to say that the product was made in a manner that is prescribed by the international standards. The laboratory can only give that certificate if it has accreditation, so you need an accreditation institution which is also a quality infrastructure. An accreditation institution will need to be in Nigeria to accredit laboratories, for those laboratories to have the competence and integrity to certify products, for those products to get outside Nigeria. So when the quality policy is accepted and this policy has prescribed a quality infrastructure from upgrading our standards systems, developing our national metrology institute, establishing a national accreditation service, having accredited laboratories and having certification bodies that you can approach to give them these products to have them compared and verified, issue certificate which serves as a check book to the open world. So once we have that done, we would have keyed in and we would have impacted government’s search for alternative exports to oil by almost 50 per cent and, of course, this has a consequential development of also establishing and equipping our own laboratories which will receive this accreditation. How much do you think the government needs to invest to reap benefits of standardisation? Off the cuff and without subjecting it to some mathematical exactitudes, I should think that the government needs to put about a 100 billion naira over the next 24 months, looking at the total spectrum of the quality infrastructure that I have described here to you, we should be able to reach our target by impacting positively on the economy by 50 per cent. What will be the tangible benefits people will see from such investment?

With N50billion, we will have an accreditation body, fully established, staffed with experts that are able to go into specialised technical areas of conformity assessment and to evaluate laboratories and to certify them. Right now that body is not in place, we have it on paper, we need structures, we need an edifice where that body will sit, we need experts in standardization, lead auditors, inspectors, people who can go into medical and scientific laboratories and determine their level of competence and issue them with accreditation because they have the competence to test these products and when that body is up and running, you will begin to see the physical and material outputs. Right now in this country, SON has about three laboratories that are accredited to some limited level of parameters for testing, I think NAFDAC has one, which is about all in the country except the medical laboratories which I do not know how many of them are accredited. But for a country of about 170 million people, which is agrarian and natural resource based, exporting raw materials without the laboratories to certify these products for acceptability overseas are not there yet, but we expect that once we have an accreditation service and Nigerians are educated, within 6 to 12 months, we should have over a 100 laboratories accredited in Nigeria and when you have these laboratories all over the country, you are covered because the raw materials come different parts of the country will go on a flight from Nigeria to London. Do you know that flowers come every morning from Nairobi, these flowers come because the facilities are available in Kenya and those flowers are certified, so they do not have fears of the flowers not meeting up to standards and you know plants and animals are always taken seriously overseas at their airports, they will rather allow you to bring cocaine than to bring in fruits that they do not know the source, because just one apple can destroy the entire stock in the country. They are much more serious about plant animal quarantine than they are about the importation of drugs. So when we are able to certify our products as being free from all the pesticide residues and animal diseases, only then will our products will be accepted overseas and this is why we have CONT’D ON NEXT PAGE

T H I S D AY • TUESDAY, MARCH 22, 2016

PROPERTY & ENVIRONMENT Frequent Collapse of Buildings in Nigeria is Avoidable, Say Civil Engineers Lekki Gardens: We use competent, expert resources

The Nigerian Institution of Civil Engineers believes that the nation has too many seasoned practitioners to have frequent cases of collapse of buildings. To the engineers, the experience is disappointing and embarrassing, reports Bennett Oghifo

oo many buildings are collapsing in Nigeria; too many lives are lost in the process and several solutions proffered have not yielded results. Just when there seems to be a lull in the ugly event, another building comes down; these could be buildings being constructed or existing ones. Appalled by this development, the National Chairman of the Nigerian Institution of Civil Engineers, Engr. Robbie James Owivry described the incessant cases of building collapse in the country in recent times as a plague. “The Nigerian Institution of Civil Engineers, being a major stakeholder in the built environment deems it fit at this point in the history of our country to lend a voice of caution to this ugly situation that is affecting the construction industry,” Owivry stated at a media briefing on the spate of collapse buildings in Nigeria at Ikeja, Lagos, recently. He commiserated with the families of the victims of the tragedy saying, “In the aftermath of the recent collapse of last week, l feel, as l believe you yourselves feel, with a deep sense of bereavement, at the unfortunate fate that befell the victims of that fatal occurrence. I therefore wish, on behalf of myself and on behalf of the entire members of the Nigerian Institution of Civil Engineers, to commiserate with the families of those who lost their lives in that incident.” Inexcusable… Owivry said, “It was a rather disappointing and embarrassing experience that this sort of incidence should occur in a country that boasts of seasoned Civil Engineers who can hold their own with any Civil Engineer anywhere across the whole world. “Nigeria has come a long way to be grappling

with man – made problems of this nature whereas, other regions of the world are battling with the challenges of natural disasters like flooding, landslides and earthquakes. Infiltration of the construction industry by people who do not ordinarily have business with the industry at the expense of trained professionals is a major cause for concern and l think the time has come for us to have a considerable thought for this menacing situation.” Profiling of contractors… The engineers also blamed the collapse of building on what they called the negligent attitude of the public in patronising developers indiscriminately, which they said, “calls for caution. Not that anything is wrong with seeking the services of developers but not carrying out thorough investigations on the profiles of patronised developers to ascertain if they have qualified Civil Engineers in their teams of projects executors, cannot be overlooked.” According to Owivry, embarking on a highprofile project “requires the involvement of a qualified Civil/Structural Engineer. Anything short of this amounts to an abuse of construction ethics and the effect can be catastrophic.” NICE offers to help… Nigerian Institution of Civil Engineers is willing to assist construction firms and individuals by recommending qualified civil engineers, and at no cost. Owivry said the Nigerian Institution of Civil Engineers has a robust data base of qualified Civil Engineers that can be recommended for projects’ supervision and that “we are very much willing to render the service of recommending Civil Engineers for construction projects at no cost. We have helped recruit Civil Engineers for Construction Companies

and Organisations before, we are still doing it and we are ready to assist the members of the public in this capacity to eliminate the frequency of building collapse in our society. “We cannot fold our arms while some charlatans bring our noble profession to disrepute. I will like to reassure members of the public that there is nothing to worry about as far as the competence of the Nigerian Engineer is concerned. We are up to the task of constructing safe and habitable buildings. “All the cases of building collapse investigated till date have not indicted one single Civil Engineer. It is only cases of non-engineers parading themselves as engineers that have been found guilty.” He warned “those taking our silence for granted that from now on, it will not be business as usual. We will put machinery in place that will checkmate undue infiltration into the construction industry. We are on the side of the law and any impostor will be exposed to the appropriate law enforcement agencies for necessary actions.” He said, “Preliminary investigations into the unfortunate incident (collapse of building in Lekki Gardens) of last week revealed an illegal addition to the numbers of floors approved by the Town Planning Authority for the structure under construction. This singular act of non–compliance with the approved design is highly unprofessional and this defiance to the Regulatory Authority has claimed innocent lives and rendered the bread winners of several families asunder. We condemn it in all its ramifications.” NICE investigates… Presently, the Nigerian Institution of Civil Engineers, through its Failure & Appraisal

Investigative Committee, is currently carrying out an independent investigation on the details of the collapse, Owivry said and that the final submission would not only be made public after concluding the investigations, but also “recommendations will be made to appropriate authorities for necessary punitive measures against those responsible for this dastardly act and to serve as a deterrent for its reoccurrence in the future.” Lekki Gardens’ position… Regardless, the Lekki Gardens incident, which is one of several tragedies in the nation’s construction industry, has come as a rude shock to the owners, Lekki Worldwide Estate Limited, which prides itself as a responsible corporate entity. When the building came down, the Chief Executive Officer presented himself and made a report of the incident, including engagement of relevant authorities. They provided excavators in support of the rescue mission and have undertaken the medical expenses and welfare of all survivors. The company’s Head, Estate Relations and Media Department, Steve Agbiboa said they run a professional and competent business and that they pride themselves on the high quality of development projects from competent and expert resources. The company, he said was conscious of the fact that they needed to provide the citizenry access to safe housing, and the provision of quality, affordable and convenient housing infrastructure. “We are one employer of labour with skills empowerment as a package because we see ourselves as key players in the growth of the real estate sector and as development driver, particularly in this sector of the nation’s economy.”

FG Lauds Cross River Superhighway Project

he Federal Government has commended the ingenuity of the Cross River State Government for embarking on the 260km superhighway project. Minister of Environment, Hajia Amino Muhammed gave the commendation when she led a team from her ministry to the project site in Nsan, Akamkpa, recently. A statement by officials said she lauded the state government for conceiving the project, which she noted, was critical to the development of the state and its people. According to her, “Everyone here is in agreement that infrastructure is the bedrock which we build sustainable development and this project will touch everybody particularly those at the grassroots. So this is a laudable vision.” The Minister said she was also satisfied with plans put in place by the state government to maintain balance in the eco-system. She assured that her ministry would ensure that concerns expressed by environmental advocacy groups and the host communities L-R: Director General, Infracross, Eugene Akeh; Minister of Environment, Hajia Amina Muhammed; Cross were addressed. River State, Deputy Governor, Prof. Ivara Esu; and Technical Adviser, Cross River Superhighway, Mr. Eric “In as much as we commend this project, we Akpo, during a tour of the project site by the minister and her team in Akamkpa… recently need to strike a balance between development and the environment in a sustainable manner The minister commended Governor Ben “We are here to sit together and address and guide against environmental degradation some of the issues raised from some quotas Ayade for the establishment of the Green during the development for posterity sake. regarding the project and we are hopeful that Police, as well as his plan to replace every tree destroyed with two of its species as work it will be tackled amicably.”

progressed. At the site of the construction, the Minister was greeted by the host communities who rolled out the drums in appreciation and support for the project with their youths carrying placards with inscription, “Ayade you are a good dreamer”, “Superhighway is our general desire, no stopping,” “Almighty God will bring Superhighway to fulfillment.” In his welcome remark, Clan Head of Akamkpa Urban, Ntufam Paul Ogar, who spoke on behalf of the host communities pledged their unalloyed support to the project and thanked the Minister for paying a visit to site to see things for herself.” Earlier, during a courtesy visit on him by the Minister, the Deputy Governor, Professor Ivara Esu said: “Our governor is an environmentalist, I am a soil scientist, and we are very concerned about climate change and other related environmental issues especially forestry development. So, we can’t be preachers of environmental conservation and do otherwise.” Continuing he said: “We are passionate about environment and so we are very proud of the National Park because it’s our heritage. In addition, we have the highest rain forest in the country and we are the 25th biodiversity hotspot in the world and no way will we do anything to jeopardise this environmental conservation effort.”

T H I S D AY • TUESDAY, MARCH 22, 2016

PROPERTY & ENVIRONMENT

Nigerite to Roof Homes with Solo Xtra for Free Bennett Oghifo Nigerite Limited, Nigeria’s foremost building component solutions company, has launched a new Corporate Social Responsibility initiative to deliver brand new, high quality roofing products to selected homes across South West of Nigeria at no cost to the home owners. Initial beneficiaries of the initiative had their old rusty and leaky roofs changed and replaced with Nigerite’s Solo Xtra; a newly launched roofing product which comes with all the great features of fibre cement product, with added aesthetics which is derived from its variety of colours and pattern. The product also breathes new life into old dingy buildings. Nigerite Solo Xtra roofing product is a very affordable colored and patterned sheet that meets the building taste of Nigerians in all social classes. It was recently launched into the market to offer Nigerite’s customers more choices from the array of products on the company’s portfolio.

Speaking about the initiative, Marketing Communications Manager of Nigerite, Mr. Victor Jolaoso noted that in giving back to the community of its operations, the company decided to identify some buildings all around South West and North Central Nigeria which have old, rusty and dilapidated roof coverings. “These home owners were approached and their roofs were changed to the Nigerite Solo Xtra free of charge in order for them to enjoy firsthand the satisfaction that comes with the Nigerite roofing product,” Jolaoso said. The initiative, which is part of Nigerite’s corporate social responsibility plan, was received with joy and gratitude by beneficiaries at Ikorodu and Ilaro, two ancient towns in Lagos and Ogun State. The Nigerite CSR train is expected to visit several other locations like Ijebu Ode, Ibadan, Ilorin, Ado Ekiti, Osogbo and Akure where many more of old, rusty roofs will give way to Nigerite Solo Xtra. The company has said that the aim of the campaign is

to have the initiative enjoyed across all the sales regions where Nigerite operates and give a sense of partnership to the people in all the communities. It is also aimed at boosting the awareness of the

Nigerite Solo Xtra product. The campaign has recorded some successes as it has created awareness for the Nigerite Solo Xtra brand. The roof has also served as a reference point for carpenters

when describing the product to their clients, the company said. “We have in the last 56 years met the needs and the yearnings of Nigerian home owners with our innovative

and quality products and we shall continue to do that even more so that we intend to become a complete building solutions company,” Mr. Frank Le Bris, Managing Director of the company said.

Nigerite’s Solo Xtra roof on a building in Ilaro, Ogun State

Property Bank, TrustBond Launch Rent Actuation for Home Seekers A leading real estate marketing brand, Property Bank, has launched an innovative rent product, “rent actuation” specially created for home seekers, who cannot afford their rent at the moment. This innovation is achievable under a working agreement between Property Bank and TrustBond Mortgage Bank Plc, which offers 90 per cent to rent a house at any location in Lagos and Abuja. Property Bank is an online real estate marketing platform with a potpourri of properties covering residential, commercial, industrial properties, warehouses, and plots of land. Rent seekers who are currently unable to afford their choice of properties can now live in their choice houses by contacting Property Bank for options of houses selectable from the platform while TrustBond Mortgage Bank Plc will provide funding. Under the product, the subscriber will contribute 10 per cent minimum equity contribution with no collateral. One-year rent is repayable within six to nine months while two years rent is repayable within 12 to 18 months. The disbursement of funds is subject to meeting terms and conditions of TrustBond Mortgage Bank Plc. According to senior official of the Property Bank, “TrustBond is our mortgage banker with a national mortgage banking license and offices in Lagos and Abuja. Their presence in these cities gives residents the opportunity to access rent loan for properties provided by Property Bank.” Property Bank owned by Property Vault Limited offers an online tool that guides home-buyers through the

process of owning a home, and renting an apartment. The platform owners have weeded out fraudulent acts as they intend to finalize the offer, negotiates with the listing agent and coordinates closing. “With www.propertybankng. com you can search for your perfect home to buy or rent by area, price and property type; call, chat or mail our agents for further information, clarity and enquiries as well as schedule visit time to see desired properties,” according to the chief executive officer, Property Vault Limited, Mr. Andy Morkah. “Our goal is to empower consumers with the most thorough information on the market and bring them in direct contact with the agents. Our listings aim at providing you with as much information as possible and an in-depth insight on each property. “At Property Bank, we help you find your perfect property. Our Agents are well equipped and they have the direct mandate for the property straight from the owners, bringing greater efficiency to the Nigerian real estate market. Searching for properties and full acquisition have been made easier, transactions can now be concluded in a maximum of 48hours.” Morkah explained that the online brokerage firm has signed- on properties from developers and direct brief agents within Lagos and Abuja and have generated more than 5,000 properties and counting in the portal. “Our competitive edge is our competitive service delivery style, as well as our team of seasoned professionals united by a firm resolve to deliver.”

L-R: Head, Product Development, Lands.ng, Mr. Sampson Aligba; Founder/Chief Executive Officer, Mr. Godwin Ani; and Director, Business/ Strategy, Mr. Micheal Ebia, at the official launch /media presentation of Lands.ng in Lagos… recently ETOP UKUTT

Infinity Mortgage Bank Pledges to Reward Outstanding Staff Dele Ogbodo in Abuja The Management of Infinity Trust Mortgage Bank (IMB) has announced the elevation of eight members of staff to higher positions. In a statement made available to THISDSAY, over the weekend in Abuja, said the bank has also rewarded 25 members of staff with various salary increments, while pledging to reward outstanding staff. It listed those elevated as: Messrs. Sunday Olumorin, now Deputy General Manager; Samson Agbaka, from Principal Manager

to Assistant General Manager. Others are David Mathew and Hopkins Amachree, promoted from Senior Banking Officers to Assistant Managers respectively. Also Messrs. Obiwale Oyebode and Victor Abalaka, from Assistant Banking Officers to Banking Officers, while Miss Grace Madueke and Mrs. Queen Ogundu, were elevated from Executive Trainees to Assistant Banking Officers. In addition to staff promotions, 25 member of staff also received salary raise. Explaining the rationale behind the exercise, the MD/ CEO of the bank, Mr. Olabanjo

Obaleye, said the exercise was consistent with the bank’s policy of rewarding members of staff for their hard work and commitment, adding that the bank would continue to reward outstanding performance among members of staff. He said that the bank would continue to provide conducive environment and a level playing field to members of staff to achieve their career dreams. Obaleye said, “As a bank, we have a culture of rewarding hard work, dedication and excellence as a way of appreciating and motivating our staff.

In addition, our policy is to provide a conducive environment and level playing field for every member of staff to actualize their career ambition with the bank. On the bank’s expectation for 2016, he said: “The year 2016 is here with its challenges that are looking overwhelming, especially when one considers the fall in the value of the naira, moving downwards at a very dangerous speed. “However, one thing I am sure of is that this year new millionaires will emerge in their thousands.

Fiabci Nigeria Joins Campaign for Affordable Housing Bennett Oghifo Fiabci Nigeria has endorsed the slogan ‘the city we need is affordable’ as it joined a distinguished panel at the recently concluded MIPIM conference that discussed and shared experiences of urban policy and housing delivery. MIPIM, the world’s leading property market, brings together the most influential players from

all international property sectors - office, residential, retail, healthcare, sport, logistics and industrial, offering unrivalled access to the greatest number of development projects and sources of capital worldwide. The 27th edition took place in Cannes, France from 15-18 March 2016. Fiabci International President Danielle Grossenbacher moderated and Fiabci Nigeria was

represented by Mr. Emeka Eleh on the panel. Other Discussants were, Keiji Kamiyama of the Japanese Ministry of Land Infrastructure and Tourism, Brendan Reily, Vice Mayor City of Chicago and Farouk Mahmound, Fiabci India President. “In this regard, Fiabci Nigeria is aggressively calling on private sector interest to partner with Fiabci, as we collective proffer

solutions to the problem of affordable housing. The Fiabci proposal is as follows: FIABCI Campaign: ‘The City We Need Is Affordable’. FIABCI, the International Real Estate Federation, recognises that in most markets around the world, there is a severe shortage of moderately priced housing. According to UN reports, the world is undergoing a large wave of urban growth.

T H I S D AY • TUESDAY, MARCH 22, 2016

PROPERTY NEWS

Why NBA is Investing in Property Gbolahan Gbadamosi Writing under the headline, “NBA in property acquisition drive”, Emmanuel Badejo in the Property Guide of The Guardian newspaper of Monday, December, 2014 pages 34, 35 and 39 among others quoted the President, Nigerian Bar Association (NBA) Augustine Alegeh (SAN) to the effect that “the NBA House Project shall be a primary focus of this present administration, because I consider this project to be of monumental importance to the NBA and it would be unwise to have the project unsupervised.” Talking of the supervision of the project, Alegeh on September 22, 2014 led his executive to the site located at the Central Business District (CBD) Abuja and again on Tuesday January 19, 2016 he conducted a media facility tour for Judicial Editors to see things for themselves. I will return to this later. Few months before Alegeh’s administration was inaugurated, he was among the guests in 2014 that witnessed the unveiling of NBA House located along Ozumba Mbadiwe Street, Victoria Island, Lagos; which was packaged under Built, Operate and Transfer (BOT) arrangement by “Stabilini Visioni”, one of the Bi-Courteny Group chaired by Dr. Wale Babalakin (SAN). Compelled by a need to have befitting edifice that would among other things shore up its revenue base, the association, has shown stronger appetite for property acquisition and development and thus it has unveiled a six-storey complex that would serve as its Lagos Secretariat. The umbrella body of all legal practitioners in Nigeria has also commenced construction on its Abuja secretariat, which is proposed for completion before the end of the present administration. The new structure in Lagos and the Abuja one will no doubt boosts the status of the largest bar in Africa and also shores up its revenue base. Historically, NBA’s Alao Akala Bashorun’s administration started the process. Through BOT, a building currently being occupied by a commercial bank in Lagos was built .The administration of Chief Wole Olanipekun (SAN) took the first step by negotiating with Babalakin’s construction company . Chief Bayo Ojo (SAN)/Lanke Odogiyon administration operated from the bungalow building. Thereafter the bungalow was demolished and the national secretariat of the association moved to 96B, Medical Guild close, off Bode George Street, off Ajose Adeogun Street, Victoria Island. The administration of Olisa Agbakoba (SAN) started to run the national bar from the same place. But a new building was rented in Abuja at 3, Aguleri Street, off Gimbiya Street, Garki Area Eleven. Rotimi Akeredolu (SAN)’s administration also ran a dual national secretariat until the Lagos office was closed officially. The present headquarters of NBA, located at 24, Oro-Ago Street, off Mohammadu Buhari Way, Garki, Abuja was bought by Akeredolu’s administration. Joseph Daudu, (SAN) who succeeded Akeredolu partially ran the bar from Aguleri before it moved permanently to Oro-Ago Street. The administration of Okey Wali (SAN) completed the Lagos NBA House and at the occasion witnessed by Alegeh and the former General Secretary of NBA, Obi Okwusogu (SAN) among others, Wali noted that, “I must thank our colleague, Dr. Wale Babalakin (SAN) for what he has done in putting up in collaboration with the NBA. The terms are clear. It is a Build, Operate and Transfer. I thank Wale for the industry he has put into this.” He added that, “It is the grace of God to start from foundation and see the completion. And also we have to put on record the gratitude to all past presidents of NBA. It is a testimony to the continuity of governance at the Bar that leadership or government of NBA continues. Leaders come and go but the continuity of NBA project persists. Just like you know, by his grace, within the next two years in the life of the next administration, we will be in Abuja to inaugurate the NBA House, which this administration he stated.” Wali equally expressed gratitude to the Director General of the Nigerian Law School,

NBA House under construction

Mr. Lanre Onadeko, as well as the Chairman of the Council of Legal Education, O.C.J Okocha (SAN) and other members, for granting access to the new building through the law school premises. Speaking further on the difficulty in creating access to the property, Babalakin observed: “This building was landlocked. The only way we could go in was if we were able to create that access you. See now. And with Wali’s and determination and the Director General of the Law School/the Chairman of Council of Legal Education, they made it happen.” Babalakin also expressed gratitude to the former Director General of the Nigerian Law School, Dr. Tahir Mamman, for his invaluable role in making the project possible. NBA also performed the ground breaking ceremony for its Abuja building. The project, which was kick started by the immediate past administration, has been adopted by the current regime, which has also inaugurated the NBA Property Development/Building Committee with a mandate to deliver the project within two years. At the ground breaking ceremony in Abuja, Wali remarked “with more than 100 branches spread across the 36 states, the NBA deserves a magnificent edifice of its own. This building project is going to cost a lot of money to complete it, but we believe it is do-able. We can raise the money.” “I therefore use this opportunity to call on all our members both in the public sector and private sector practice to support this laudable project. I assure all our members that all the financial assistance we will receive from them shall be prudently managed and accounted for.” “Our dream is that the NBA House Building Project is completed within the life span of this administration. I have no doubt in my mind that we can do it. Yes we can.” But then, to get it done, calls for sacrifice and commitment. Nobody builds in comfort; building is a task that calls for sacrifice. Therefore, the NBA House Building Project will call for sacrifice from the National Officers of the NBA and the Members of Secretariat staffs,” Wali remarked. At the inauguration of the Re- Constituted NBA Property Development /Building Committee on November 26 2014 in Abuja Alegeh recalled what he said during his inauguration as NBA President in Owerri, Imo State that, “I consider this Project to be of monumental importance to the NBA and it would be unwise to leave the project the project unsupervised.” He charged the eleven member committee chaired by Wali thus: “i. To supervise and oversee the construction of the NBA House project. ii. To source for funds for the completion

of this project. iii. To ensure that this Building project is completed on or before December 15, 2015. iv. To take all other such steps as may be required to give effect to the above objectives. “The choice of Past President Okey Wali SAN as the Chairman of this Committee is apt given his antecedents as well versed experience with project. It is our firm view that having initiated this project, he is very conversant with the dynamics of the project and should be afforded the opportunity of playing an active role in its execution. I trust that he will utilize his time, passion and energy in driving this project with a view towards completion of the NBA House.” He added that “the NBA being the foremost professional body in Nigeria with a membership base of over 120,000 (One Hundred and Twenty thousand) lawyers and 109 (One hundred and Nine) Branches, deserves a magnificent edifice as its National Secretariat. I therefore wish to use this medium to solicit the support of all our members including those in private, public and corporate practise. This project is for the advancement of the entire Bar and we want to assure them that monies donated for the execution of this project shall be prudently spent and accounted.” Back to the January 2016 Media Facility Tour, Alegeh said the bar was set to commission its national secrectariat next month(March 2016). Let me quote the observation of Jude Igbanoi of The Lawyer in Thisday of February 2 2016: “The NBA Abuja House “is located in the Area of Abuja Central Business District (CBD), the 12 storey edifice complete with state of the art facilities, including an underground parking lot with a capacity for 200 cars, restaurants, a 1000 sitting capacity amphitheater and ample rentable office space. “It’s an open floor design and anyone who rents and moves in can decide how to redesign or partition his space. Of the 12 floor, NBA will occupy three; the 12th floor being the President floor, 11th floor will be occupied by General Secretary and 10th floor will be taken by the various sections and fora of the association. The remaining nine floors will be open for rent by the general public. Any individual or organization that is interested is free to come and take an office space. I would personally advise lawyers who are seeking to rent offices in Abuja to consider this as a golden opportunity for them. “We recognize the poor maintenance culture in this part of the world, so as soon as we are ready to commission, we will call for competitive bidding for a facility manager. The facility managers will be totally in charge of cleaning, security, light, water, the lift and every other thing. The trend all over the world now is to give this kind of facility to just one

manager who coordinates the entire building and that is what to do. When it comes to rent, we may need an estate agent. If we find it unnecessary, we will get one from NBA in-house. You know these days; payment is essentially by bank transfer, so there won’t be the problem of any tenant making away with our money. “As for the present property in Abuja that we use as the National Secretariat, we have already secured the approval of the National Executive Committee to sell it off and use the money to defray some of the cost of finishing this building. We have received tremendous support from lawyers and we have a finance committee which is chaired by Hon. Aminu Tambuwal, the Executive Governor of Sokoto State. Lawyers have been faithful by paying their practicing fees. “Now, all the money that has been spent on this project so far has been from within the association. We have not borrowed one kobo from anybody or any bank. But we have a commitment from Rivers State which offered to have a floor named after Rivers. It will be Rivers Floor, the cost of the floor here is very cheap, its $1m which is about N300m now. It doesn’t belong to the Rivers State Government; it will be named after Rivers State. We have also invited 100 lawyers to donate N10m each and those who donate will have their names engraved on the roll-of-honour at the foyer of the building. We selected the lawyers carefully and they were screened and found deserving of such honours. “Before I became President of the Bar, I made a donation of N5m towards the building but before my name can be on that roll-of-honour, I must pay N10m. Go to Harvard University and you will see on every building a plaque stating the names of all who made donations towards the building. It is a universal trend and we think it is worthy of emulation. But also, our meeting rooms and conference rooms are available for acquisition by lawyers who so wish. The building was just at the basement level when I came in as president in August 29 2014 and it is by God’s grace that we have taken it to completion on the 12th floor. I sincerely thank my predecessor in office, Mr. Okey Wali SAN, who is Chairman of the Building Committee. It was his administration that secured this land despite huge challenges and his committee has done wonderfully well. The building is estimated to cost N2.5 Billion and the NBA has paid the contractors at every stage,” Alegeh told the journalists. All said and done, it is obvious that the main objective why NBA is investing in property acquisition is to shore up its revenue base. Gbadamosi is the National Publicity Secretary of NBA

T H I S D AY • TUESDAY, MARCH 22, 2016

PROPERTY NEWS

Developer Builds Simeon Court Estate in Victoria Island A real estate firm, Deluxe Residences is building a new residential property known Simeon Court Estate in the highbrow, medium density residential area of Oniru Estate, Victoria Island, Lagos. Simeon Court consists two blocks of 19 luxury apartments: comprising of 18 units of three-bedroom flats in two separate wings, and an exclusive penthouse, serviced by elevators, generous parking space and breathtaking landscaping. Some of the unique features of Simeon Court, a luxury estate are classic modern home design, landscaping, closed circuit TV, water treatment plant, flood lights, elevated building, paved compound and good land title. Specifically, each apartment has a guest’s convenience, classic living and dining areas, ultra-modern kitchen, generous laundry room, box room, three ensuite luxury bedrooms and an all ensuite room for the steward/maid. Apparently designed for exclusive taste, dwelling units at Simeon Court features: grand/ spacious living room and dining area, an expansive master suite with walk-in closets and private balcony, fitted kitchen (with appliances, cabinetry and accessories), ensuite bedrooms, a maid’s room, laundry area, floors finished with a combination of marble and vitrified tiles, top grade quality bathrooms, tall and well-positioned windows

for optimal ventilation amongst others. Recreational facilities in the estate include children’s playground, swimming pool, gym and generous space for indoor games. The estate also features educational, religious and social institutions/facilities. The pent house enjoys an excellent view of the ocean. A fully finished flat is priced at N65 million, with an initial deposit of N20 million, and the balance spread conveniently over 18 months. However, its current promo price for the type is N55 million, with an initial deposit of N20 million and the balance spread over 12 months. The penthouse sells for N110 million, and an initial deposit of N40 million only is required. Mr. Abiola Nuga, the General Manager, Finance & Investment of Deluxe Residences, said: “This development is an excellent investment for first time home owners or a discerning investor who seeks to expand his real estate portfolio. In creating these luxury apartments, we were guided by the need for: affordable housing, privacy, security, space optimization, comfort, child-friendly environment, as well as functionality and maintenance. The importance we attached to all these, have resulted in the use of top quality construction materials by our highly reputable construction team.” According to him, Deluxe Residences takes pride in its

National Bio-Safety Seeks Collaboration with EHORECON on Pollution Control Fadekemi Ajakaiye Concerned by the growing food poisoning and diseases in the country, the Registrar of the Environmental Health Officers Registration Council of Nigeria (EHORECON), Dominic Abonyi has revealed that Environmental Health Officers will always ensure the pursuit of food safety through non-contamination or pollution. The Registrar stated this when the Chief Executive Officer of the National Bio-safety Agency paid him a courtesy visit in Abuja, recently. According to Abonyi, the Council has great interest in bio-technological approach to disease prevention and control, adding that in as much as National Bio-safety could help people in food production and help people in vaccine production also in health, then, “the Council can derive benefit in rolling back all the diseases that are scourging man through environmental insults.” He opined that the primary mandate of the Council is to determine who could be called an environmental health practitioner and that the Council keeps a register of practitioners and facilitate training and certification of such individuals and also monitors the practice and regulates it for the betterment

of man. Earlier, the Chief Executive Officer, National Bio-safety Agency, Mr. Rufus Ebegba said theirs was to ensure that the practice of modern bio-technology does not have adverse impact on the conservation and sustainable use of biological diversity. According to the Bio-safety boss, when looking at the issue of environment “it is to ensure that genetically modified organisms do not become super organism and are not created to distract the environment by applying the ecosystem.” He explained that the role of the Agency was to regulate and ensure that the law was complied with, to this regard, and by extension, the law and the Act has created an enabling environment for Nigerian scientist to use bio-technology to improve the agricultural sector and also to produce raw materials for industrial purposes. It also enables the medical field to also get novel materials that can be used to enhance the medical field to produce drugs like the insulin, being used for diabetes. Ebegba, however, revealed that the same process could also be used to develop plants that could be kept to ameliorate the impact of climate change and to also produce plants that could survive in drought-prone areas.

ability to develop and offer to discerning investors, economically sound, high-yield investment and development properties. Mr. Olaoluwa Oluwarinde, the firm’s Senior Manager, Business Intelligence, added: “We operate on the principles of Commitment to Client Satisfac-

tion and Quality Workmanship and Services. We always ensure that our buildings meet or exceed clients’ expectations. We understand that satisfied clients are the key to our success. Thus, the amount of attention placed on details separates Deluxe Residences from the competition. At Deluxe Residences, it’s

strictly undiluted luxury like never before. “This project is in line with the company’s mission to provide affordable luxury homes and maintain its pacesetter position in real estate services. Deluxe Residences has constantly exceeded its teeming customers’ expectations

through innovation, uniqueness and creativity.” Some other top-notch estates/key projects by Deluxe Residences were listed to include: The Orchard, Oniru; The Grand Orchard, Oniru; The Vogue, Oniru; The Orchard, Lekki; and Almond Court, Lekki.

Prototype of homes in Simeon Court estate, Victoria Island, Lagos

UN: Organised Crime in Wildlife Further Fuels Conflict in Eastern DR Congo Organised crime and the illegal trade in natural resources continues to increasingly fuel the conflict in eastern Democratic Republic of the Congo (DRC) , according to a new report from the United Nations Environment Programme (UNEP) and partners. The Government of DRC, supported by the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) – the largest UN peacekeeping mission with 20,000 uniformed personnel — is confronting not only a political insurgency but an increasing number of illegal operations conducted by militarized criminal groups with transnational links involved in large-scale smuggling and laundering of natural resources. Every year gold, minerals, timber, charcoal and wildlife products such as ivory, valued between US$ 0.7-1.3 billion annually, are exploited and smuggled illegally out of the conflict zone and surrounding areas in eastern DRC. Experts estimate that 10-30 per cent of this illegal trade (around US$ 72-426 million per annum) goes to transnational organized criminal networks based outside eastern DRC. Around 98 per cent of the net profit from illegal natural resource exploitation - particularly gold, charcoal and timber - goes to transnational organized criminal networks operating in and outside DRC. In contrast, DRC based armed groups retain only around two per cent - equivalent to US$ 13.2 million per annum - of the net profits from illegal smuggling. This income

represents the basic subsistence cost for at least 8,000 armed fighters per year, and enables defeated or disarmed groups to continuously resurface and destabilize the region. There is evidence that revenues from such operations finance at least 25 armed groups that continue to destabilize the peace and security of eastern DRC. The report, jointly produced by UNEP-MONUSCO-OSESG (Office of the Special Envoy for Great Lakes Region), relies on inputs from a high number of experts, including the UN Office for Drugs and Crime, INTERPOL, the UN Group of Experts on the DRC, DRC government agencies and NGOs. Achim Steiner, UN UnderSecretary-General and Executive Director of UNEP, said: “There is no room for doubt: wildlife and forest crime is serious and calls for an equally serious response. In addition to the breach of the international rule of law and the impact on peace and security, environmental crime robs countries of revenues that could have been spent on sustainable development and the eradication of poverty.” “In order to strengthen the environmental rule of law, we need to implement existing international, regional and national commitments, which requires, among other things, updating and strengthening national legislation, building capacity, strengthening enforcement, building consumer awareness and enhancing international cooperation and intelligence gathering across the supply chain to track and disrupt illegal operations,” he

added. Martin Kobler, Special Representative of the Secretary-General and head of MONUSCO, said, “These resources lost to criminal gangs and fuelling the conflict could have been used to build schools, roads, hospitals and a future for the Congolese people.” “Imagine if we could spend hundreds of millions of dollars of the lost revenues stolen by criminal gangs in eastern DRC instead to pay teachers, doctors and promote business opportunities and tourism? We must turn gold into taxes and taxes to development for a prosperous future, ” he added. The UN Secretary-General’s Special Envoy for the Great Lakes, Said Djinnit underscores in his Roadmap (2015-2017), the need to undercut the economic lifeline of armed groups. “The illegal exploitation of natural resources is sustaining negative forces, perpetuating the instability and conflict in eastern DRC,” stated Said Djinnit. “Yet, these natural resources should be drivers of inclusive sustainable development and the transformation of the DRC and Great Lakes region at large. Efforts to address these transnational organized criminal groups’ activities require a regional approach including forward-looking solutions of gradual replacement of the illegal charcoal trade, livelihood solutions to miners and farmers, harmonization of tax systems and transparent sharing of revenues,” added Special Envoy Djinnit. The conflict in eastern DRC, which has cost the lives of several million people, has continued for nearly two decades.

The region also holds some of the richest natural resources and wildlife, including the critically endangered mountain gorillas, targeted by criminal groups as retaliation for park rangers interfering with the illegal charcoal trade inside the Virunga National Park. The report warns that transnational organized criminal networks “divide and rule” armed groups in eastern DRC to prevent any single armed group from achieving a dominant role and potentially interfering with illegal exploitation run by transnational criminal networks. The report points to an increased awareness of, and response to, the growing threat of the involvement of organized crime and calls for further concerted action, and makes recommendations aimed at strengthening action against the organized criminal networks profiting from the trade, including on MONUSCO’s mandate. Other recommendations from the report: The experts recommend that MONUSCO strengthens its information and analysis capacity, with a view to undercutting the lifelines of armed groups with links to transnational criminal networks benefiting from illicit natural resource exploitation in eastern DRC; Strengthen, in a targeted manner, the capacity of the Congolese national police and the justice system to investigate and prosecute environmental crime; Strengthen the existing cooperation between MONUSCO and national authorities, particularly the Congolese Wildlife Authority (ICCN), to safeguard protected areas and World Heritage Sites from illegal natural resources

TUESDAY MARCH 22, 2016 T H I S D AY

T H I S D AY TUESDAY MARCH 22, 2016

TUESDAY MARCH 22, 2016 • T H I S D AY

INTERNATIONAL

email:foreigndesk@thisdaylive.com

Obama Meets Castro after Historic Arrival in Cuba

President Barack Obama met with his Cuban counterpart, Raul Castrol, yesterday as part of his efforts to elicit change on the island. Obama and Cuban leader Raul Castro shook hands at the Palace of the Revolution in Old Havana, the third time the pair have met for bilateral talks since the resumption of diplomatic relations in 2014. It was unclear whether the leaders would later take questions from the press. Obama started his morning laying a wreath by the Jose Marti memorial, a massive monument to the Cuban revolutionary leader where a Cuban military band played the“Star Spangled Banner,” another in a series of previously

unthinkable moments that marks this week’s visit. The sight of a sitting American president setting foot on the island was a novelty for most Cubans. The last U.S. leader to visit was Calvin Coolidge, who voyaged into Havana Harbor on a battleship in 1928. In an elaborate welcome ceremony, Obama and Castro met with smiles and brief conversation before moving down long hallways lined with Cuban troops. Obama was overheard telling the Cuban leader he enjoyed his tour of Havana Sunday night along with his family. He also told Castro he had a “great” dinner at a “paladar”

-- one of hundreds of privately run restaurants that only recently became permissible in the state-run economy. Those types of businesses, along with new investments from American firms, give U.S. officials hope that Cuba is on a path to open its economy after decades of isolation. The meeting provides Obama and his aides another reality check on their mission to extract reforms from Castro. Until this point, there have been few signs that the government here is willing to work as quickly as the Obama administration hoped in opening the state-run economy and improving human rights. “Change is going to happen

here and I think that Raul Castro understands that,”Obama said in an interview with ABC News taped Sunday night.“Our intention has been to get the ball rolling, knowing that change wasn’t going to happen overnight,”Obama said. “Although we still have significant differences around human rights and individual liberties inside of Cuba, we felt that coming now would maximize our ability to prompt more change.” The vast differences between the Obama administration and the Castro regime were no less evident as Havana hurried to prepare for the U.S. president’s arrival. As Obama was en route, scores of anti-Castro dissidents from

Protest, Tear Gas in Congo as Sassou Nguesso Seeks to Extend Rule Police fired tear gas at opposition supporters in Congo Republic on Sunday, witnesses said, after voting ended in a poll expected to see long-time leader Denis Sassou Nguesso extend his three-decade rule. The government ordered mobile phone and internet services cut for the day across the oil-producing Central African country “for reasons of security and public tranquillity”, a government official said. It also banned motor vehicle use nationwide.

Despite protests in which at least 18 demonstrators died, Sassou Nguesso pushed through constitutional changes in October to remove term and age limits that would have prevented him from standing again. He is now heavily favoured to win the polls. He faces eight opponents, including retired General Jean-Marie Mokoko, seen as the strongest challenger. “I want this to go well. I don’t want war, which is often what happens after these elections,”said Damien Kiongazi,

who returned home to the capital Brazzaville from Paris to vote. However, soon after polling stations closed, security forces moved in on crowds that had gathered in the capital’s Bacongo neighbourhood, an opposition stronghold. Witnesses who said they had been following the vote counting were then teargassed by riot police. A heavy odour of the gas still hung in the air when a Reuters reporter arrived in the neighbourhood.

Sassou Nguesso, who ruled from 1979 until he lost an election in 1992, regained power in 1997 after a brief civil war and then went on to win disputed polls in 2002 and 2009.

the group Ladies in White were arrested and detained after their weekly protest in Havana. CNN witnessed dozens of protesters being driven from the site in buses. The group consists largely of women who have been arrested and imprisoned for speaking out against the government. Jose

Daniel Ferrer, a Cuban dissident who was imprisoned for eight years beginning in 2008, said Obama could harness the attention from his trip to make a loud demand for political reform, citing President Ronald Reagan’s demand in 1987 for the Soviet Union to “tear down this wall.”

T H I S D AY TUESDAY MARCH 22, 2016

T H I S D AY • TUESDAY, MARCH 22, 2016

MARKET NEWS

Sterling Bank Records N10.3bn Profit After Tax Goddy Egene and Eromosele Abiodun Sterling Bank Plc yesterday joined banks that have reported profit for the 2015 financial year despite the regulatory headwinds and downturn in the Nigerian economy. The bank reported a profit before tax of N11 billion in

2015, showing an increase of 2.5 per cent from N10.7 billion recorded in 2015. The profit was made from gross earnings of N110.2 billion in 2015, compared with N103.68 billion in 2014. Non-interest income grew by 13.7 per cent from N25.7 billion in 2014 to N29.3 billion largely due to a 57 per cent increase in trading income. Confirming the efficiency of

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the lender’s management, operating expenses decreased by 1.9 per cent from N50.6billion to N49.7 billion. However, net interest income declined by 8.1 per cent from N43.0 billion to N39.5 billion, driven by an 18.5 per cent increase in interest expense. The bank grew its profit after tax by 14.3 per cent toN11 billion, from N10.3 billion due to a higher retention of

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VALUE TRADED ( N )

Daily Summary as of 15/03/2016 Printed 15/03/2016 14:36:17.017 Daily Summary (Bonds) No Debt Trading Activity Daily Summary (Equities) Activity Summary on Board EQTY AGRICULTURE Crop Production OKOMU OIL PALM PLC. PRESCO PLC Crop Production Totals Livestock/Animal Specialties LIVESTOCK FEEDS PLC. Livestock/Animal Specialties Totals AGRICULTURE Totals CONGLOMERATES Diversified Industries A.G. LEVENTIS NIGERIA PLC. TRANSNATIONAL CORPORATION OF NIGERIA PLC U A C N PLC. Diversified Industries Totals CONGLOMERATES Totals CONSTRUCTION/REAL ESTATE Building Structure/Completion/Other COSTAIN (W A) PLC. Building Structure/Completion/Other Totals Infrastructure/Heavy Construction JULIUS BERGER NIG. PLC. Infrastructure/Heavy Construction Totals Real Estate Development UACN PROPERTY DEVELOPMENT CO. LIMITED Real Estate Development Totals Real Estate Investment Trusts (REITs) UPDC REAL ESTATE INVESTMENT TRUST Real Estate Investment Trusts (REITs) Totals CONSTRUCTION/REAL ESTATE Totals CONSUMER GOODS Beverages--Brewers/Distillers CHAMPION BREW. PLC. GUINNESS NIG PLC INTERNATIONAL BREWERIES PLC. NIGERIAN BREW. PLC. Beverages--Brewers/Distillers Totals Beverages--Non-Alcoholic 7-UP BOTTLING COMP. PLC. Beverages--Non-Alcoholic Totals Food Products DANGOTE SUGAR REFINERY PLC FLOUR MILLS NIG. PLC. HONEYWELL FLOUR MILL PLC NASCON ALLIED INDUSTRIES PLC TIGER BRANDED CONSUMER GOODS PLC UNION DICON SALT PLC. Food Products Totals Food Products--Diversified CADBURY NIGERIA PLC. NESTLE NIGERIA PLC. Food Products--Diversified Totals Household Durables VITAFOAM NIG PLC. Household Durables Totals Personal/Household Products P Z CUSSONS NIGERIA PLC. UNILEVER NIGERIA PLC. Personal/Household Products Totals CONSUMER GOODS Totals FINANCIAL SERVICES Banking ACCESS BANK PLC. DIAMOND BANK PLC ECOBANK TRANSNATIONAL INCORPORATED FIDELITY BANK PLC GUARANTY TRUST BANK PLC. SKYE BANK PLC STERLING BANK PLC. UNITED BANK FOR AFRICA PLC UNION BANK NIG.PLC. UNITY BANK PLC WEMA BANK PLC. Banking Totals Insurance Carriers, Brokers and Services AIICO INSURANCE PLC. CONTINENTAL REINSURANCE PLC CORNERSTONE INSURANCE COMPANY PLC. INTERNATIONAL ENERGY INSURANCE COMPANY PLC LASACO ASSURANCE PLC. AXAMANSARD INSURANCE PLC N.E.M INSURANCE CO (NIG) PLC. SOVEREIGN TRUST INSURANCE PLC STANDARD ALLIANCE INSURANCE PLC. WAPIC INSURANCE PLC Insurance Carriers, Brokers and Services Totals Micro-Finance Banks NPF MICROFINANCE BANK PLC Micro-Finance Banks Totals Mortgage Carriers, Brokers and Services ABBEY MORTGAGE BANK PLC Mortgage Carriers, Brokers and Services Totals Other Financial Institutions AFRICA PRUDENTIAL REGISTRARS PLC CUSTODIAN AND ALLIED PLC FCMB GROUP PLC. ROYAL EXCHANGE PLC. STANBIC IBTC HOLDINGS PLC UNITED CAPITAL PLC Other Financial Institutions Totals FINANCIAL SERVICES Totals HEALTHCARE

organic capital compared to the previous period. The directors recommended a dividend of N25.9 billion, which is 9 kobo per share. Commenting on these financial results, the Managing Director/ Chief Executive of Sterling Bank, Mr. Yemi Adeola said: “I am pleased to report that we sustained our performance from the previous year driven by an improve-

19 5 24

33.07 34.25

116,531 10,700 127,231

3,841,928.14 384,772.00 4,226,700.14

12 12 36

1.22

851,138 851,138 978,369

1,044,028.36 1,044,028.36 5,270,728.50

1 184 28 213 213

0.76 1.14 20.95

240 24,090,695 82,460 24,173,395 24,173,395

180.00 27,641,625.48 1,699,248.06 29,341,053.54 29,341,053.54

1 1

0.50

50,000 50,000

25,000.00 25,000.00

14 14

41.50

92,917 92,917

4,113,798.00 4,113,798.00

9 9

5.10

41,627 41,627

216,923.46 216,923.46

1 1 25

10.00

15 15 184,559

150.00 150.00 4,355,871.46

9 47 10 109 175

3.00 112.79 18.50 93.00

186,330 56,810 38,825 910,268 1,192,233

546,898.50 6,260,194.48 687,308.64 86,403,248.71 93,897,650.33

34 34

154.00

175,349 175,349

26,907,869.08 26,907,869.08

31 35 30 20 189 1 306

6.01 19.29 1.64 8.00 3.04 11.25

226,918 201,814 905,530 151,351 15,627,864 1,282 17,114,759

1,336,423.28 3,895,080.32 1,492,087.65 1,185,227.30 47,491,930.79 13,704.58 55,414,453.92

15 49 64

17.20 690.00

15,705 22,562 38,267

262,529.44 15,371,795.58 15,634,325.02

4 4

4.30

3,949 3,949

16,151.41 16,151.41

22 24 46 629

25.00 28.05

130,500 107,357 237,857 18,762,414

3,100,335.48 3,067,966.81 6,168,302.29 198,038,752.05

230 30 26 135 460 57 366 553 37 17 34 1,945

4.58 1.35 16.26 1.20 16.20 0.99 1.65 3.74 5.71 0.64 0.83

13,454,556 3,849,052 319,603 12,616,743 16,476,426 3,971,581 2,583,895 71,981,533 632,510 615,732 1,508,719 128,010,350

63,541,837.77 5,228,335.10 5,359,956.99 15,258,417.75 273,236,491.23 3,932,566.39 4,263,864.13 269,169,272.92 3,619,529.94 394,068.48 1,256,638.76 645,260,979.46

12 16 1

0.81 0.91 0.50

166,176 7,966,000 450,000

131,718.23 7,260,650.00 225,000.00

0.50

598,888

299,444.00

4 5 9 2 1 14 65

0.50 2.14 0.75 0.50 0.50 0.50

1,500,000 63,000 418,199 250,000 1,000 3,383,010 14,796,273

750,000.00 139,386.17 317,306.24 125,000.00 500.00 1,691,505.00 10,940,509.64

7 7

1.07

162,085 162,085

172,360.10 172,360.10

1 1

1.25

250 250

297.50 297.50

160 4 132 1 16 159 472 2,490

3.20 3.81 0.86 0.50 15.30 1.75

7,068,868 177,095 11,539,007 10,000 297,321 15,166,381 34,258,672 177,227,630

23,028,383.26 669,657.55 10,000,439.45 5,000.00 4,489,324.44 26,376,256.46 64,569,061.16 720,943,207.86

ment in operating efficiency. Cost-to-Income Ratio improved by 140 basis points to 72.2 per cent, Capital Adequacy Ratio stood at a record high of 17.5 per cent, while liquidity buffers remained strong as the bank grew its PAT by 14.3 per cent.” He said the performance offered a clear validation of the underlying resilience of the bank’s business model.

“The very challenging operating environment notwithstanding, we managed to and continue to maintain a delicate balance between delivering on near term goals and laying the foundation for the future that we see – one where our customers enjoy the experiences that we create together, which in turn becomes the basis for our long term profitability,” he said.

E XC H A N G E

MAIN BOARD

DEALS

Pharmaceuticals FIDSON HEALTHCARE PLC 5 GLAXO SMITHKLINE CONSUMER NIG. PLC. 9 MAY & BAKER NIGERIA PLC. 13 NEIMETH INTERNATIONAL PHARMACEUTICALS PLC 1 Pharmaceuticals Totals 28 HEALTHCARE Totals 28 ICT Processing Systems E-TRANZACT INTERNATIONAL PLC 1 Processing Systems Totals 1 ICT Totals 1 INDUSTRIAL GOODS Building Materials ASHAKA CEM PLC 11 BERGER PAINTS PLC 4 CAP PLC 8 CEMENT CO. OF NORTH.NIG. PLC 12 DN MEYER PLC. 1 LAFARGE AFRICA PLC. 86 Building Materials Totals 122 Electronic and Electrical Products CUTIX PLC. 8 Electronic and Electrical Products Totals 8 Packaging/Containers BETA GLASS CO PLC. 3 Packaging/Containers Totals 3 INDUSTRIAL GOODS Totals 133 NATURAL RESOURCES Chemicals B.O.C. GASES PLC. 1 Chemicals Totals 1 NATURAL RESOURCES Totals 1 OIL AND GAS Integrated Oil and Gas Services OANDO PLC 112 Integrated Oil and Gas Services Totals 112 Petroleum and Petroleum Products Distributors CONOIL PLC 54 ETERNA PLC. 5 FORTE OIL PLC. 11 MOBIL OIL NIG PLC. 3 MRS OIL NIGERIA PLC. 1 TOTAL NIGERIA PLC. 8 Petroleum and Petroleum Products Distributors Totals 82 Exploration and Production SEPLAT PETROLEUM DEVELOPMENT COMPANY LTD 24 Exploration and Production Totals 24 OIL AND GAS Totals 218 SERVICES Apparel Retailers LENNARDS (NIG) PLC. 1 Apparel Retailers Totals 1 Automobile/Auto Part Retailers R T BRISCOE PLC. 1 Automobile/Auto Part Retailers Totals 1 Courier/Freight/Delivery RED STAR EXPRESS PLC 2 TRANS-NATIONWIDE EXPRESS PLC. 3 Courier/Freight/Delivery Totals 5 Hotels/Lodging IKEJA HOTEL PLC 3 TRANSCORP HOTELS PLC 1 Hotels/Lodging Totals 4 Media/Entertainment DAAR COMMUNICATIONS PLC 4 Media/Entertainment Totals 4 Printing/Publishing ACADEMY PRESS PLC. 4 LEARN AFRICA PLC 5 Printing/Publishing Totals 9 Road Transportation ASSOCIATED BUS COMPANY PLC 1 Road Transportation Totals 1 Transport-Related Services AIRLINE SERVICES AND LOGISTICS PLC 1 NIGERIAN AVIATION HANDLING COMPANY PLC 10 Transport-Related Services Totals 11 Support and Logistics C & I LEASING PLC. 1 Support and Logistics Totals 1 SERVICES Totals 37 EQTY Board Totals 3,811 Daily Summary (Equities) Activity Summary on Board PREMIUM FINANCIAL SERVICES Banking ZENITH INTERNATIONAL BANK PLC 425 Banking Totals 425 Other Financial Institutions FBN HOLDINGS PLC 265 Other Financial Institutions Totals 265 FINANCIAL SERVICES Totals 690 INDUSTRIAL GOODS Building Materials No. of Deals DANGOTE CEMENT PLC 60 Building Materials Totals 60 INDUSTRIAL GOODS Totals 60 PREMIUM Board Totals 750 Equity Activity Totals 4,561

MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N)

2.70 24.98 0.91 0.72

120,557 18,477 507,725 9,000 655,759 655,759

309,846.49 442,241.10 465,638.71 6,750.00 1,224,476.30 1,224,476.30

3.00

60,000 60,000 60,000

180,000.00 180,000.00 180,000.00

24.00 9.42 38.50 8.60 0.70 84.00

30,185 2,394 60,465 3,541,915 1,000 12,060,208 15,696,167

727,173.05 22,264.20 2,243,736.00 30,462,346.00 670.00 1,002,849,990.28 1,036,306,179.53

1.58

72,500 72,500

115,310.00 115,310.00

45.50

17,169 17,169 15,785,836

742,387.56 742,387.56 1,037,163,877.09

3.95

66 66 66

248.16 248.16 248.16

4.82

1,757,769 1,757,769

8,473,384.08 8,473,384.08

20.10 1.80 293.23 171.00 47.18 150.00

342,445 90,000 5,223 357 150 9,000 447,175

6,767,782.21 162,315.00 1,454,971.11 57,994.65 6,724.50 1,338,064.00 9,787,851.47

350.00

202,644 202,644 2,407,588

70,931,581.10 70,931,581.10 89,192,816.65

3.00

15,000 15,000

42,750.00 42,750.00

0.50

10,000 10,000

5,000.00 5,000.00

4.00 1.18

154,695 2,562 157,257

618,780.00 3,151.26 621,931.26

2.47 5.51

97,060 500 97,560

239,747.20 2,620.00 242,367.20

0.50

111,000 111,000

55,500.00 55,500.00

0.57 0.86

65,000 68,575 133,575

37,000.00 58,439.50 95,439.50

0.50

10,000 10,000

5,000.00 5,000.00

2.20 3.91

3,000 211,963 214,963

6,930.00 828,703.07 835,633.07

0.50

11,111 11,111 760,466 240,996,082

5,555.50 5,555.50 1,909,176.53 2,087,620,208.14

12.83

31,187,922 31,187,922

403,549,637.99 403,549,637.99

3.73

14,091,156 14,091,156 45,279,078

53,063,627.44 53,063,627.44 456,613,265.43

Current Price 164.00

Quantity Traded 762,374 762,374 762,374 46,041,452 287,037,534

Value Traded 124,340,537.50 124,340,537.50 124,340,537.50 580,953,802.93 2,668,574,011.07

8.47 2.44 5.92 11.59 20.01

269,790 5 980 5 2,080 272,860 272,860 272,860

2,277,329.70 12.20 5,801.60 57.95 41,620.80 2,324,822.25 2,324,822.25 2,324,822.25

Daily Summary (ETP) Exchange Traded Fund Name LOTUS HALAL EQUITY ETF VETIVA BANKING ETF VETIVA CONSUMER GOODS ETF VETIVA GRIFFIN 30 ETF VETIVA INDUSTRIAL ETF Exchange Traded Fund Totals ETF Board Totals ETP Activity Totals

6 1 1 1 1 10 10 10

TUESDAY MARCH 22, 2016 • T H I S D AY

NEWSEXTRA

RMAFC Puts NNPC’s Unremitted Funds at N4.9tn James Emejo in Abuja

The RMAFC in a statement issued yesterday and signed by The Revenue Mobilisation the commission’s spokesman, Allocation and Fiscal Mr. Ibrahim Mohammed, a copy Commission (RMAFC) which was made available to yesterday put the Nigerian THISDAY, said while the auditor National Petroleum Corporation general’s report claimed that (NNPC)’s total indebtedness to NNPC owed the sum of N3.2 the federation account at N4.9 trillion to the Federation Account trillion between 2011 and 2015. in 2014 from domestic crude It further affirmed the recent sale, the corporation owed Auditor General’s report which N1.99 trillion only in 2014 had indicted the corporation of from domestic crude sales. not remitting N3.2 trillion into It added that the figure the federation account in 2014. quoted by the AuditorThe RMAFC said whereas the General of the Federation auditor general’s report relied on (AuGF) must have included the 2014 Annual Audit Report revenues from other sources. obtained from the records of With respect to an the Federation Accounts alleged payment of $235 Allocation Committee (FAAC)’s million realised from the Technical Sub-Committee on sale of natural gas into an Domestic Crude Oil Sales undisclosed escrow accounts and reconciliation statement by the NNPC, the commission as contained in the NNPC’s explained that the NNPC mandate to Central Bank of had on behalf of the NLNG Nigeria (CBN) to arrive at the entered into agreements N3.2 trillion-figure, records at its with three International Oil disposal indicated N4.9 trillion Companies (IOCs) including was the actual amount being Nigeria Agip Oil Company owed the federation by NNPC (NAOC), Shell Petroleum as at 2015. Development Company of

Nigeria (SPDC), Total E&P Nigeria Limited (TEPNG) under a Modified Carry Agreement (MCA) proceeds from which are deposited in escrow accounts for funding the various gas projects under the NLNG. It said the total amount transferred to the various accounts from 2012 to November

2015 was $1.615 billion. RMAFC said it had consistently demanded through the FAAC post mortem, that the NNPC provide updated financial statements on the projects, a request which the corporation was yet to respond to. The commission had been

working with NNPC to reconcile the figures following a tripartite meeting held with the corporation, Federal Ministry of Finance (FMF) and RMAFC in December, 2015 where it was agreed that in view of the subsidy and other claims by NNPC, the forensic audit of the NNPC was critical in

establishing which party was actually indebted to the other. The forensic audit is expected to be concluded by the end of March, 2016. Meanwhile, NNPC had already disowned the audit report by the offfice of the AuGF, claiming it was laden with errors.

Anti-union Laws: Labour Directs Workers in Kaduna to Shun SIDELINE DEBATE el-Rufai’s Directive L-R: Governors Jibrilla Bindow (Adamawa); Ibrahim Dankwambo (Gombe); and Abiola Ajimobi (Oyo) at the National Economic Paul Obi in Abuja The Joint National Public Service Negotiating Council yesterday urged Kaduna State civil servants to disregard directives by the state Governor, Malam Nasir el-Rufai, to fill a form disowning unionism in their respective duties as civil servants. In a statement, the National Chairman of the council, Comrade Kiri Mohammed, explained that the directive was discriminatory and amounts to violation of workers’ fundamental human right with the intension to derail the unity of organised labour in the state. The statement further observed that the council gives its total support to the committed efforts of the Nigeria Labour Congress (NLC) led by Comrade Ayuba Wabba to save the workers from undemocratic and anti-workers’ policies of the state government under the leadership of El Rufai. According to Mohammed, “The attention of the Joint Council has been drawn to anti- workers’ action of Kaduna State Government by the issuance of special exercises

on staff verification forms, issued by the state government through office of the governor to fill and indicate no to union. “The Council discovered that after the exercise recently conducted, the state government issued obnoxious policies compelling civil servants not to identify with any Trade Union of their choice. We hereby direct state civil servants not to sign the form.” Mohammed who also doubled as the National President of Nigeria Civil Service Union (NCSU) as well as Deputy President of the NLC, said the policy is a contravention of convention C87 and C98 of the International Labour Organisation (ILO) ratified by Nigeria, Trade Union (amendment) Act 2005 and section 40 of the constitution of the Federal Republic of Nigeria on freedom of association. The council further cautioned the governor to withdraw the said circular and directive, as the union will be left with no other option than to confront the state government should El Rufai fail to heed to their demand

PDP, Speaker, Drag Five Kogi Assembly Members to Abuja Court The Peoples Democratic Party (PDP), Speaker of the Kogi State House of Assembly, Hon. Jimoh Lawal and eight other members of the assembly have sued five members of the assembly seeking among others a declaration that the impeachment of the Speaker of the assembly and other principal officers was unconstitutional. Other respondent in the suit are the Attorney General of the Federation, the Inspector General of Police, the Director of the State Services (DSS), Commandant,

National Security and Civil Defence Corps (NSCDC). They are seeking the immediate reistatement of the said Speaker and other principal officers. The case comes up on March 24, 2016 before Justice N. O. Dimgba of Court 11. Federal High Court, Abuja. Counsel for the lawmakers, Emeka Etiaba SAN, confirmed the institution of the suit and the fact that members of the Kogi House are evading service of the originating processes.

Council retreat, at the State House Conference Centre in Abuja...yesterday

Godwin Omoigui

Assault on Journalists: Lagos Military Guns down Another Boko Haram Kingpin, Kills 18 NUJ Calls on IG to Probe Errant Officer Others presence of arm-bearing customs Fighter jets pound sect’s logistics Rebecca Ejifoma officials.” “We will explore every The Lagos State Council of the base in Yobe Senator Iroegbu in Abuja The Nigerian military has gunned down another Boko Haram kingpin in Borno State, as it increased aerial bombardment of the suspected terrorists’ logistic base at Allargano forest in some parts of Yobe State. The Director of Army Public Relations (DAPR), Col. Sani Usman, in a statement yesterday said the elements of 22 Brigade Garrison carried out clearing operation at Dalore camp last Sunday in which 19 sect members were killed among whom was Ameer of Dalore. Usman said the troops also captured two AK-47 rifles, small machine gun, hand grenades and recovered four pickup vehicles, disclosing that the troops also rescued 67 hostages from the terrorists. “The freed hostages are undergoing screening at internally displaced persons (IDPs) Camp in Dikwa,” he added. Usman said unfortunately, during the operation, the troops Mine Resistant Anti-Personnel (MRAP) vehicle ran into an improvised explosive device (IED) and had a damaged tire. In a related development, the Nigerian Air Force (NAF) Alpha Jet aircraft has successfully attacked suspected Boko Haram Logistics Base at parts of Allagarno forest in Yobe. The Director of Public Relations and Information (DOPRI) of

the NAF, Group Capt. Ayodele Famuyiwa, said the attack, which took place on March 18, was part of the collective efforts by the Nigeria armed forces to expeditiously bring to an end the war against insurgency in the North-east. According to Famuyiwa, the target was selected after careful Intelligence, Surveillance and Reconnaissance (ISR) by NAF drones. He noted that the mission, which was carried out in support of surface forces in order to further degrade the fighting capacity of the remnants of the insurgents, was successful as can be seen in the video of the Battlefield Damage Assessment (BDA) carried out by the drones. “The target was probably an ammunition depot, a fuel dump or a facility housing other combustible materials. This effort is likely to create certain logistics constraints for the terrorists along the Allagarno axis. “This is a follow-up to other interdiction missions previously carried out in Sambisa Forest, Kumshe, Iza and other suspected terrorists’ hide-outs,” he said. Famuyiwa said NAF had so far carried out a total of 55 missions comprising 14 ISR, 30 interdiction/ combat air support and 11 air logistics support missions this month.

Nigeria Union of Journalists has decried in very strong terms, attempts by a section of the Nigerian Police to pervert justice, distort the facts, and stand the truth on its head in the on-going matter of battered Badagry-based journalist, Yomi Olomofe. In a statement issued in Ikeja yesterday by its Chairman, Deji Elumoye, Lagos NUJ drew the attention of the Inspector-General of Police (IG), Mr. Solomon Arase, to the unwholesome and grossly unethical conduct of one Inspector Shaibu Aminu of the State Criminal Investigations Department (SCID), PANTI, who was the IPO in the matter of the criminal assault with intention to murder Olomofe on June 25, 2015 by Seme border hoodlums led by Suleimon Momoh. “Inspector Aminu, who despite being availed of every fact in the matter all along, willfully, under-investigated the crime committed against Olomofe, preferring to cooperate with the perpetrators of the criminal assault and their sponsors.” The union, therefore called on the IG to probe the untoward activities of the inspector in recent times over the said matter. According to the release, the NUJ is aware of concerted efforts to twist the facts, by the customs through attempts to compromise the police investigating Olomofe’s complaint. “As we know Nigeria Customs Service will do anything to shield the criminals who were seen by members of the public even as the physical evil was being perpetrated on Olomofe in the

constitutional means to fight this particular grave injustice. We will, as we have consistently done since the murderous attempt on the life of Olomofe avail the Nigerian Public of the facts in this matter till justice is served. Even in the light of the desperate, last minute attempt by officials of the customs in concert with shady elements and, the Police, to trump up allegations that will not stand the test of rigorous scrutiny.” The statement added that Lagos NUJ, on this one occasion will take every constitutional step to protect the dignity of its members, insisting that journalists be allowed to carry out their legitimate duties regardless of the tools of compromise, intimidation and harassment available to certain agencies of government. Meanwhile, it was reported that Olomofe was beaten to coma in the precinct, at the behest and in the presence of senior Seme customs officials including Comptroller Ndalati, Deputy Comptroller Emmanuel Nkemdirim, armed junior officers of the customs, and, scores of onlookers on the 25th June 2015, by well known border hoodlums led by Suleimon Momoh and his gang are quite straight forward. This is also as another journalist was recently beaten and maltreated by stern-looking security operatives who decided to showcase their strength on the helpless man while covering the coronation of the 41st Olubadan, Oba Saliu Akanmu Adetunji at the Mapo Hall, Ibadan on March 4, 2016

TUESDAY MARCH 22, 2016 • T H I S D AY

NEWSEXTRA

Benin Kingdom Applauds Cambridge University’s Move on ‘Okukor’ Cockerel Statue The Benin Kingdom has atthe weekend welcomed the moves by the Cambridge University to return a bronze cockerel stolen with other artifacts during colonialist looting in the 19th century. Jesus College earlier this month said it was taking down the statue, known as “Okukor,” pillaged from the former Kingdom of Benin and was looking at the possibility of its repatriation. The move followed a student protest and came as their counterparts at Oxford University mounted a campaign to remove a statue of British imperialist and donor Cecil Rhodes at Oriel College. The kingdom of Benin, according to AFP, was one of the greatest and richest in West Africa and at its height extended as far as modern-day Ghana. The younger brother of the Oba of Benin, Prince Edun Akenzua,

described the cockerel’s removal as a “welcome development. “We knew we have this kind of thing in Cambridge and we have always called for its return and the other 3,500 to 4,000 artefacts carted away during the 1897 invasion of the palace. “We commend the initiative of the Cambridge students. They have done what they should do. “We appeal to European countries to return our cultural properties dotting museums and galleries in London, Paris, Berlin and other cities around the world,” he said The tale of the artifacts began when nine British officers were killed while on a trade mission to the then-independent Kingdom of Benin in 1897. The British reaction was fierce, leaving several thousand local people dead as the city set ablaze

and forcing the Oba into exile as his palace was looted. Hundreds of artworks were removed, including the Benin bronzes, which showed highly decorative images of the Oba and his courtiers from centuries earlier. In June 2014, two statues were returned to the palace by a British retired medical consultant whose grandfather was involved in the original invasion. The statues were presented to the current Oba, Uku Akpolokpolo Erediauwa I, at a colourful ceremony in the city. Nigerian calls for the repatriation of all the bronzes was reignited when the Cambridge students urged the cockerel to be removed

from Jesus College’s main hall. The protesters called the sculpture, which was donated to the college in 1929, a celebration of Britain’s racist and colonial past. Some academics and historians criticised the students, saying they had “declared war on the past.” Prince Akenzua, who is also known as the Enogie of Obazuwa, said replicas of the stolen treasures could be made for foreign museums should they still be wanted for display. But the originals would be better appreciated at home rather than abroad, calling them “pages of our history.” The issue of the repatriation of looted treasures and compensation

was raised in the early 1990s, when former military ruler Ibrahim Babangida set up his African Repatriation Movement. But the organisation made little headway before Babangida left office. A senior official of the National Commission for Museums and Monuments in Benin City, who asked not to be identified, said Nigeria would use “whatever means possible” to get back the art. “We will enter into negotiation with museums, private and public institutions where these works are kept so that we can have them back,” he added. James Ezomo, a member of the Oba’s court, however, doubted whether locals would be able to

preserve the artefacts once they were returned. “In as much as I want those works back, my fear is whether we will be able to maintain them as priceless treasures,” he said. “The white people are using technology to preserve the works and I don’t think we have the wherewithal to do the same here.” But Prince Akenzua disagreed: “If a man stole my car and admitted that he stole it and returned it to me, what is his business whether I have a garage or not to keep the car? “These artefacts belong to our ancestors. They must be returned to us. It’s nobody’s business how we preserve them.”

IHRC Calls on ICC to Open Preliminary Inquiry into Shiites, Army Clash Senator Iroegbu inAbuja The Islamic Human Rights Commission (IHRC) has called on the International Criminal Court (ICC) to investigate the alleged massacre of nearly 1,000 civilians in a clash between Nigerian Army and Shiites Islamic sect last December in Zaria, Kaduna State. IHRC in a statement released on its yesterday, submitted a document signed by its Chair, Massoud Shadjareh, urging the international tribunal which has a mandate to prosecute people for war crimes, crimes against humanity and genocide, to open a preliminary enquiry into the events in Zaria last year in which soldiers attacked the Islamic Movement of Nigeria’s (IMN) supporters, symbols and property. Shadjareh said: “The scale and brutality of this massacre and unwillingness of the Nigerian government to implement due process makes it essential for the international court to investigate. The failure of the international community to act against atrocities on this scale stands to have grave consequences.” The group claimed that the assault over two days in the northern Nigerian city left a trail of bloodshed and destruction including the shooting of the movement’s leader Sheikh Ibrahim Zakzaky and his wife Zeenat, with both currently believed to be in military custody, detained without charge. In the document submitted to the ICC yesterday, IHRC wrote: “The crimes committed between December 12 and 14, 2015 in Zaria, Kaduna State, by the Nigerian Army amount to crimes against humanity. The crimes committed by the Nigerian army meet all the necessary legal requirements to warrant a preliminary investigation by the ICC prosecutor.” The IHRC claimed that the information obtained by it indicates that 217 people were confirmed killed in the attacks, another 219 are in detention, and 482 are still missing. According to the group, the number of injured is believed to run into many hundreds, stating that its filing to the ICC is largely

based on eye-witness evidence of the army’s assault. Parts of the statement read: “The majority of deaths were caused by gunshots fired by soldiers. Cases of people being burnt alive have also emerged. Injuries caused by machetes or other knife wounds have also been found on the corpses, and could be the work of the criminal groups that perpetrated acts of looting and mutilation alongside the military. Signs of torture and electrocution have been evidenced on the body of the IMN leader Sheikh Zakzaky and other detainees, two of whom died as a result thereof. Sexual violence has also been reported, “including cases of rape against women affiliates of the IMN. A 14-year old female witness told IHRC that the military shot her in her private parts when she resisted attempts by soldiers to rape her. Some women reportedly had their breasts cut off and others were deliberately shot in the pelvic region damaging their uterus. “Photographic evidence has been obtained along with testimonies of mass graves where the army is reported to have buried fatalities from the killing spree. Some corpses were allegedly incinerated, apparently in order to conceal evidence.” In its submission, IHRC said the evidence suggests that the army’s assault was a systematic and preplanned attempt to snuff out the IMN whose growing popularity have made it a thorn in the side of Nigerian governments. The group reminded that a similar army assault in July 2014 during a religious procession led to the deaths of 34 IMN members including three sons of Sheikh Zakzaky who were apparently singled out for execution. “Eyewitnesses have reported that during December’s violence soldiers were seen celebrating and chanting slogans against the IMN, such as ‘we have finished with the Shia and Zakzaky’ and ‘no more Shias in Nigeria.’ Although the IMN has support among Nigeria’s Sunnis and Shias it is often portrayed by its detractors as a Shia organisation,” the IHRC clarified.

CLINIC AT YOUR DOOR STEP

Speaker, House of Representatives, Hon. Yakubu Dogara (second left); and Representative of T.Y. Danjuma’s Victims Support Fund, Tijani Tumsa (first left), at the launch and donation of a Mobile Medical Clinic at Wassa Internally Displaced Persons (IDPs), camp in Abuja....yesterday

Two Killed, 100 Shanties Burnt in Kuramo Fire Outbreak Fire service blames incident on fuel storage

Gboyega Akinsanmi and Rebecca Ejifoma No fewer than two persons were yesterday killed in a fire incident which completely razed over 100 structures in Small Kuramo located along the Lekki Beach Road, Lagos Island Local Government. The victims of the fire incidents were a 27-year-old man identified as Azeez and a young female adult simply named, Kemi both of whom were sleeping when the fire broke out at about 3:00 a.m. The Secretary of Small Kuramo, Mr. Micheal Onuwaje, said the fire gutted property worth N50 million, noting that it cost N500, 000 to construct each of the burnt structures. Some residents blamed the incident on a generating set while others said the fire was due to the carelessness of a female resident who stored fuel in the house and was cooking beside it. The residents explained that the fire spread so quickly and rapidly that many could not remove their properties from their apartments, noting that the fire was beyond the control of the residents.

Onuwaje, who is the secretary to the community, said he learnt someone “was refueling a generator that was on before it exploded. Before the fire service officials came, some young men managed to put it out. “Every shop here has a 5 kilogram fire extinguisher but unfortunately, they were meant for first aid. It is a pity we lost two lives. The late Azeez was a trader here but I do not know the girl involved. I called the police attached to Ilasan police station who carried the bodies. “It was a big loss. We cannot count our losses. I was able to salvage a plasma television from a cabin. I thank the fire service because they acted promptly. Though, we do not have any collective plan for those affected but I believe they would pick up again,” he added. Recounting his loss, one of the residents, Mr. Jude Obi, who owns two of the affected structures, lamented that he lost at least N3 million including the cabin and the property stocked in it. He said: “I was sleeping when I heard a bang on my door that

the entire community was on fire. I rushed out immediately and I couldn’t take a kobo from the shops. My shop is a well-stocked with cloths. “This is where most of us manage to make a living and now it is gone. I just pray we will not be evicted by the Lagos State Government. I could not salvage a cloth from my shop,” Obi said. Another resident, Mr. Micheal Orioye said he did not know where to start again, noting that he “has been living in the community for decades. This is where we live and sell to make a living. We are not selling illegal things. “We need the government to help. We have children we have wives. Everyone depends on us. If only we can be given a permanent space. We are not saying we want permanent structure. If we can be given allocation, we do not mind,” the resident explained. Speaking on the incident, the Director of Lagos State Fire Service, Mr. Rasak Fadipe explained that fire started after an explosion occurred when a woman was cooking in the kitchen closed to where a fuel-laden keg was kept.

The fire service director explained that the fire incident destroyed more than 100 shanty structures at small Kuramo, Lekki. Two persons were roasted in the fire.” He said the shanties were built on three acres of land while the fire consumed houses in about four plots as the fire service succeeded in preventing it from spreading to other areas. Fadipe said it was carelessness that resulted in the fire, although the fire service responded promptly and were able to prevent the fire from spreading, But he lamented that over 100 houses had already been burnt before the fire was put out, adding that two fire trucks with 10,000 litres of water each from Lekki Fire Station responded to the fire tragedy. He appealed to Lagosians “to desist from storing fuel in their houses in order to avert disasters like the Lekki tragedy. We understand that there is fuel scarcity at this period, but people should not store fuel in their houses or in the kitchen. Again, people should not cook inside their houses unless it is in the kitchen.”

T H I S D AY TUESDAY MARCH 22, 2016

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TUESDAY MARCH 22, 2016 T H I S D AY

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Group Sports Editor Duro Ikhazuagbe Email duro.ikhazuagbe@thisdaylive.com

AFCON 2017 QUALIFIER

Eagles’ Camp Rocks as Egypt Storms Kaduna Wednesday Moses, Iheanacho, Iwobi, others to training this morning

Olawale Ajimotokan in Abuja Pharaohs of Egypt delegation is expected to fly direct into Kaduna on Wednesday from Cairo, two days before the Africa Cup of Nations qualifying fixture against Nigeria on Friday, March 25, THISDAY learnt last night. The first of the two Group G fixtures between the two traditional continental powers at the Ahmadu Bello Stadium, Kaduna is the main theme in the Gabon 2017 qualifying matches across Africa this week. Nigeria Football Federation (NFF) sources revealed yesterday that the Egyptians have already informed the Glass House in Abuja that they will be flying in aboard their national carrier, Egypt Air. The side coached by Hector Cuper will be boosted by star figures including, Mohamed Salah of AS Roma, Arsenal’s Mohamed Elneny, Mahmoud Trezeguet of Anderlecht, Ahmed Hassan Kouka of Sporting Braga Portugal and Amr Warda of Panetolikos of Greece.

The Pharaohs, who are leading Group G with six points, two more than the Eagles, have been holding a closed training camp since Sunday to underline the seriousness they accord to the meeting against Nigeria. The Eagles on their part will travel to Kaduna this morning, after a training session at the instance of Coach Samson Siasia, to assess the fitness of the foreign-based players to join the six local players that were picked by the coach. It was a happy reunion last night in the national camp as at the deadline set by Siasia for the players to arrive, as all the players were in town with the exception of minjured Leon Balogun and Kenneth Omeruoh. Alex Iwobi, later joined by Odion Ighalo, Efe Ambrose, Ogenyi Onazi, Simon Moses, John Mikel Obi, Godfrey Oboabona, Aminu Umar, Aaron Samuel and Victor Moses. Others include, Kelechi Iheanacho, Carl Ikeme, Fernado Adi and Shehu Abdulahi, Ahmed Musa and Elderson Echiejile.

Super Eagles training at the beginning of the qualifiers late last year

Gunners Celebrate Iwobi on Instagram Duro Ikhazuagbe with agency report

The Nigerian, who is the the players since the start of the nephew of Jay-Jay Okocha, was season and he has been growing praised by Arsenal legend Thierry in contact with these players and Arsenal celebrated Super Eagles’ Henry on Twitter following his he is learning quickly from them,” concludes the Frenchman who new wonder-boy, Alex Iwobi, by strike at Goodison Park. ‘Hard work pays off. Well done gave Iwobi the chance to express posting a picture of him when in 2003 he was signed on as a @alexiwobi you deserve it. #COYG,’ his talent. But Iwobi’s teammate at Arsenal, seven-year old kid on Instagram. posted Henry. The Gunners prodigy was Mohamed Elneny, believes the The Arsenal academy graduate who has burst onto the scene with thrilled to score his first goal match will be difficult for Nigeria his first Premiership goal last for the club and thanked fellow to defeat Egypt. The 23-year-old former FC weekend was subtly reminded forward Danny Welbeck for his influence. ‘It is not bad, I’m Basel man is ready to spoil Iwobi’s by the club where it all began. This morning, Iwobi and all enjoying the moment,’Iwobi told good fortune by grabbing a win the other 22 players invited by the club website.‘I’m just happy in Kaduna. “I told him (Iwobi) that it will caretaker coach, Samson Siasia, to help my team and that is a for Nigeria’s two-legged 2017 Africa positive so we will take that into be hard for Nigeria to beat Egypt,” the 23-year-old told popular Arab Cup of Nations qualifier with Egypt the next game. ‘It is a dream playing with him satellite television, MBC. are to depart Abuja for Kaduna Elneny has the hunch that to perfect the game plan to cage (Welbeck). He gives me confidence, he is helping me out and gives the Pharaohs can beat Nigeria the invading Pharaohs. The 19-year-old lad was the first me advice,’ Iwobi was quoted by on Friday despite acknowledging that Eagles will be tough. of the invited foreign legions to UK’s Daily Mail. “I have a good feeling that we Gunners boss Arsene Wenger hit Eagles camp in the federal has also praised Iwobi for his rapid will be able to win the match. capital city. Nigeria is a good tough team but After his baptism with star- progress in the senior team. “He benefits from his talents, we’re good too. I also feel that I studded Barcelona in the UEFA Champions League on Wednesday intelligence and attitude,’Wenger am surrounded by support from before scoring his first senior goal told the club’s Arsenal Player. everyone encouraging us to get for Arsenal in Saturday’s 2-0 victory ‘He has been practising with back to winning,” said Elneny. at Everton, Iwobi appears very ready to kick off his Eagles adventure on Friday in Kaduna. His only other two appearances for Nigeria were made in international friendlies. Yesterday, Arsenal’s Instagram page showed the picture of Iwobi 13 years ago, with the Nigerian international wearing the away shirt from the 2004-04 unbeaten season, with the caption,‘It’s been quite a week for @alexanderiwobi - here he is signing for #Arsenal, aged seven, back in November 2003. #YoungGun #Academy #Iwobi #Gooner.’ Iwobi, having signed a long term deal with the club in October last year, has made 14 appearances for Arsene Wenger’s side so far this campaign and has recently managed to displace Theo Walcott on the right flank. Iwobi... celebrating his goal against Everton last weekend

Team Dangote Clinches MTN Sponsored Polo Tournament Team Dangote has emerged champions of the MTN sponsored2016 Presidents’ cup tournament of the Lagos Polo Club. The final game of the three-day tournament held at the weekend with Team Dangote defeating Team Shinkafi 6-4. Speaking at the tournament, Group Vice President, Dangote Group of Companies and a former president of the club, Sani Dangote, commended MTN Nigeria for sponsoring the tournament. He described the relationship between MTN and the tournament as a special one that has improved the development of the game of polo in Nigeria. Dangote’s nephews, Bashir, Usman and Sadiq who participated in the tournament, added that the special relationship between MTN and Nigerian polo, and particularly the Lagos Polo Club, remains one of the major high points in the development of the noble game of kings in Nigeria. “We are happy with MTN for consistently supporting the Lagos Polo

Club in organising this tourney.The competition has grown to become one of Nigeria’s foremost polo tourneys and this is largely due to MTN’s support. We are grateful for this and we look forward to keeping them as our partners to develop the game to enviable heights beyond the shores of Nigeria and Africa.” Dangote stated. Dangote, along with other past presidents of the club who were on hand to cheer the participating teams

to victory in the three-day tourney, urged other corporate organisations to emulate MTN’s gesture in developing sports in the country. MTN’s Events and Sponsorship Manager, Dola Bamgboye, assured polo stakeholders that the company will continue to be a major contributor to sports development in the country in line with its commitment since it commenced operations in Nigeria in 2001.

L-R: MD, ARK Insurance, Prince Francis Awogboro; Event Manager, MTN Nigeria, Dola Bamgboye; and Team Asusan player, Lolu Agoro; during the presentation of the 2016 President’s Cup

OKPEKPE 10KM ROAD RACE

Channels Television Offers Prizes to North Ibie Athletes Channels Television Chief Executive Officer, John Momoh, has offered cash prizes for the top three men and women athletes of North Ibie origin at the fourth edition of the IAAF bronze label Okpekpe International 10km Road Race. The race is scheduled to hold on Saturday, May 7 in Okpekpe, Edo State. Momoh, a proud son of North Ibie and owner of one of the best television stations in Nigeria is offerring N.6million as prize monies

to the top three men and women at the race with the first going home with N150,000 while the second and third placed finishers will go home with N100,000 and N50,000 respectively in both men and women categories. The North Ibie comprises of Okpekpe Clan and the Three Ibie Clans : Imiegba, Imiakebu and Itsukwi of Etasko East Local Government Area of Edo State. These novel prizes, according to organisers of the only IAAF-labeled

road race in West Africa and one of only two in Africa in 2016, is to pave a way for these communities that are of the same historical background besides their common Ibie language, to encourage and motivate them. “We are coming up with these new prizes for encourage and lure the host communities into embracing the race and stimulating their interests in road running,”observed the Director of Organisation for the race, Zakari Amodu.