Tuesday 3rd May 2016 by THISDAY Newspapers Ltd

TUESDAY MAY 3, 2016 T H I S D AY

T H I S D AY TUESDAY MAY 3, 2016

TUESDAY MAY 3, 2016 T H I S D AY

T H I S D AY TUESDAY MAY 3, 2016

TUESDAY, MAY 3, 2016 • T H I S D AY

PAGE SIX

Fresh Crisis Rocks PDP over Congresses Factional exco members suspend Ogun PDP Chairman, Secretary

Iyobosa Uwugiaren in Abuja and Sheriff Balogun in Abeokuta Less than three weeks to the national convention of the Peoples Democratic Party (PDP), there were strong indications last night that the party was headed for a serious crisis that might factionalise and weaken the main opposition party in the country. Predictably, in Ogun State, nine members of the state executive of Ogun State chapter of the party on Monday handed down an indefinite suspension order to its state chairman, Adebayo Dayo, and secretary, Semiu Sodipo for alleged gross misconduct. A member of the Board of Trustees (BoT) of the party and former Minister of Police Affairs, Alhaji Adamu Maina Waziri, told journalists in Abuja yesterday that some elders and founding fathers of the PDP across the country recently met and rejected the processes leading to the national convention of the party slated for May 21, 2016. Waziri, who was also the PDP governorship candidate in Yobe State in the last general election, said the party’s congresses held across the nation last weekend was a "false start" in the efforts and determination of the party’s

elders and other stakeholders to re-position the PDP ahead of the 2019 general election. He said the congresses were not conducted in line with the party’s guidelines and constitution. Waziri added: "As one of the founding fathers of the Peoples Democratic Party and long-time member of the Board of Trustees, I wish to express serious concern over the procedures leading to the national convention of our party; the last Saturday congress was a false start. "In my state, Yobe, materials arrived there very late; the congresses were not conducted in line with the party’s guidelines, and being a veteran in the game, I know the congresses were skewed to achieve a particular purpose. And after due consultation with our supporters, I wish to reject the outcome of the congresses in Yobe State.’’ He said that from reports across the country, many leaders of the party had also expressed similar concern over the conduct of the congresses, adding that in the next few days, many critical stakeholders would also come out to condemn the procedures leading to the convention. According to him, "We have withdrawn from the processes leading to the national convention of the PDP. But

we will not be pushed out of the party; in the next few days, many elders and critical stakeholders of the party will take decisions in our efforts to reposition the party as a credible and vibrant opposition party. "That will include ensuring there is inter-party democracy. In the next few days, many party members will come out to ensure that we behave in accordance with the party’s norms and values. Many meetings have been held across the nation on how we can strengthen the party that will lead us to victory in the future.’’ The former Minister of Police Affairs further stated that many leaders of the party were concerned that the Senator Ali Modu Sherrif-led executive was not laying a solid foundation for the party to face the challenges ahead, adding that as someone who had benefited immensely from the party, he had moral obligation to speak out when things were going wrong in the party. "If we are serious in returning PDP to the people, we must also allow the people to decide who lead them; the affairs of the party should be every members’ affairs,’’ he said. Speaking on the zoning of the party’s positions, Waziri said the decision of the National Executive Committee (NEC)

was short of inputs from the party’s BoT and other stakeholders. Asked whether there is a script to destroy the main opposition party, the former minister said: “Nobody is interested in destroying the party; we have more than three years to the next general election; the strength of the party will be tested; we will see whether we can attract more members to our party. We want to lay a solid foundation for the party.’’ Meanwhile in Ogun State, nine members of the state executive of Ogun State chapter of the party on Monday handed down indefinite suspension order to its state chairman, Adebayo Dayo, and secretary, Semiu Sodipo for alleged gross misconduct. While speaking on behalf of the nine officers, PDP Organising Secretary, Dr Folasade Filani said the suspension was in accordance with section 21 (5) of the party's constitution. Filani accused Dayo and Sodipo of allegedly misappropriating N250 million which was money that was realised from the sale of state expression of interest forms and returns from the national expression of interest forms , indiscriminate imposition of candidates and exclusion of

party officials from the ongoing PDP congresses. In his reaction, Dayo, said the action of the nine officers was illegal and in clear breach of the party’s constitution. He described the aggrieved officers as those who had defected to either the All Progressives Congress (APC) or Social Democratic Party (SDP) ahead of the last general elections. He said, "The constitution does not allow anybody to do that. So, their action is illegal. The constitution is very explicit.” Filani, however, declared that the chairman and secretary would remain suspended pending the time their cases would be determined by the appropriate organ of the party. According to her, we pass a vote of no confidence on the state chairman, Engr. Bayo Dayo and the State Secretary, Alhaji Semiu Sodipo and further suspend the duo respectively for an indefinite period from the party with immediate effect, having formed the quorum of over one-third as prescribed by section 21 (5) of the party’s constitution, pending the time their cases would be determined by the appropriate organ of the party." The nine members however, unanimously elected Chief

Ibukunolu Ojosipe and Muritala Adegoke as interim chairman and secretary respectively. Filani stated that the PDP national secretariat would be duly informed about the development, urging party members to cooperate with the new interim officers. She claimed that from the financial facts available between 2013 and 2015, it was discovered that over N250million was misappropriated and spent by the duo without approval and due process. She said, "The money includes sale of state expression of interest forms and returns from the national expression of interest forms. The records show that the money was spent without approval and due process and as such, changed hand unscrupulously. "Aside from financial misappropriations, the indiscriminate manners to which party officers, staff and members are suspended and expelled without due process speaks volume. "Imposition of unpopular candidates for 2015 elections was highly pathetic. Two candidates were campaigning on a single ticket. This was much more conspicuous at Ogun Central district regrettably where we have 52 percent of the total votes."

part of the budget would focus on ensuring that the weak aspect of the power value chain was restored. Osinbajo said that the nation was facing the problem of conveying gas to the power plants, adding that the pipeline, which remained the easiest method, was frequently being vandalised. He said: “Early in the life of this administration late last year and early this year, power generation was possibly at its best. Nigeria, for the first time was actually generating 5,000 megawatts, which was the first time it will happen in the history of the country. “On February 14, the Forcados Export Terminal was blown off, effectively ensuring that 40 per cent of our gas that goes for power is no longer used for the purpose. “This situation led to the immediate loss of 1,500 megawatts of power. It is our priority that the pipeline project is completed so that gas will be adequately supplied to the power plant.” Osinbajo said Buhari had two weeks ago ordered the mobilisation of the military to protect pipelines in the country. The vice-president also said that the federal government

would, within a few days, begin the implementation of the 2016 budget, which he described as the most ambitious in the history of the nation. According to him, the budget is not only ambitious in size but also more in its broad range of fiscal policies. “Our strategic implementation plan proposes 33 action points. The action points cut across six political tiers of security, governance, economic diversification, power, road and rail, oil and gas, ease of investments and social investment,” he said. Osinbajo said that for the first time in three years, the nation would have 30 per cent of the budget going for capital expenditure, a percentage that was three times higher than the last budget. He said that the capital expenditure would take care of several aspects of infrastructure, particularly rail, road and power. According to him, the rail link between Lagos and Kano as well as the one between Lagos and Calabar would be captured. He said the government had budgeted that by July, 65,000 youths would be trained in software and hardware,

adding that government’s aim was to build a reservoir of technologists. Osinbajo also listed the training of 370,000 Nigerians in various vocations, conditional cash transfer to the poor and loan facilities for market women as part of the programmes to be expected. He said that the administration would ensure that corruption has consequences, adding that no public officer who steals would go scot-free. The vice-president described the moment as that which Nigerians must come together to ensure that things work in the building of the nation of everyone’s dream. Reviewing the book, Prof. Jide Osuntokun said the writers had carefully highlighted the various challenges bedevilling the nation and how they could be corrected for national growth and development. “Nigeria’s problem is structural and systemic, and it could be structurally and systematically addressed,” he said. Osuntokun said that the book articulates various ideas of the writers which

are aimed at building an egalitarian society. Also, Mr Oba Otudeko, the chairman of the event, said there was no better time to discuss the development of the nation than now when they have the company of people who care. He described the “House of Lords, Nigeria” as a collection of people whose interest of Nigeria and the welfare of the citizens were paramount in their minds. “Let me tell them that they are on the right path and they should not lose sight of the development of the country. “This book presents a compendium of opportunities. I think it is worth having,” he said. According to the News Agency of Nigeria (NAN), the 209-page book is a collection of the speeches of 11 writers from various spheres of life. The House of Lords, Nigeria was founded 50 years ago and currently parades 34 members, with Prof. Ayodele Desalu as the “Leader.” The event was attended by prominent citizens, including investment banker, Mr Fola Adeola; Prof. Idowu Olayinka, the Vice-Chancellor, UI; and Prof. Oladipo Akinkungbe among others.

2015 full year results of the bank, its gross earnings grew from N136.9 billion in 2014 to N146.9 billion in 2015. Profit before tax (PBT) declined by 9.6 per cent to N14.0 billion from N15.5 billion in 2014, while profit after tax (PAT) settled at N13.9 billion compared with N13.8 billion the previous year.

The directors, therefore, recommended a dividend of N4.6 billion, thus maintaining a tradition of consistent dividend pay-out for the past six years. Total equity increased by 6.0 per cent to N183.5 billion from N173.1 billion in 2014 full year, net operating income stood at N83.9 billion, a moderate 12.5 per cent rise from N74.6 billion

in 2014 full year, growing the major income lines across the quarters. Assessing the performance of the bank, analysts at Renaissance Capital said Fidelity’s numbers had shown significant resilience versus its tier two peers, most of which had announced profit warnings for 2015.

FG SUBSIDY ON PETROL INCREASES, SAYS PPPRA supply to 7,000 megawatts (MW) within the next 18 months. The vice-president, who also assured Nigerians that the implementation of the 2016 Budget would begin in a matter of days, said in spite of the challenges being faced, the federal government was determined to boost power supply and light up the country. According to the updated PPPRA template, which is expected to cover the second quarter of 2016, the expected open market price of petrol had risen to N99.38 per litre for independent and major oil marketers and N98.62 per litre for retail outlets belonging to the NNPC. The PPPRA stated that the expected open market price was the actual price of the product without subsidy and that it was based on the current exchange rate of N197 to a dollar. It said that at the current price of N86 per litre at NNPC retail outlets, the federal government was paying N12.62 per litre as subsidy on the product and N12.88 per litre as subsidy for other oil marketers’ price of N86.50. A breakdown of the template revealed that for

NNPC retail outlets and independent and major oil marketers, the landing cost of petrol imported into the country was N84.32 and N85.08 per litre respectively, it stated that the distribution margin, which includes retailers, transportation, bridging fund and dealers' margin among others, stood at N14.30 for both the NNPC and other marketers. According to the statement, this brings the current expected open market price to N98.62 and N99.38 for NNPC retail outlets and other marketers respectively. In Ibadan, Vice-President Osinbajo said the federal government planned to generate 7,000MW of electricity for the nation within the next 18 months. The vice-president spoke at the presentation of a book: “Nigeria: The Challenges of Growth and Development, an In-Depth Analysis by Experts,” held at the Trenchard Hall, University of Ibadan (UI), Ibadan. Osinbajo stated that power remains a major challenge the federal government has been facing, and which the government was determined to solve. He said the most important

FIDELITY BANK APPOINTS BALARABE AG MD/CEO the 2015 presidential election that was lost by former President Goodluck Jonathan. The bank in a statement last Thursday had explained that the transaction was reported to the regulator and that it was cooperating with the EFCC in its investigations. Balarabe holds a Bachelor’s degree in Accountancy and

Finance from Nottingham Trent University, UK, as well as an MSc in Finance from the University of Lagos. A dealing member of the Nigerian Stock Exchange (NSE) since 1992, he was an Executive Director with the former Oceanic Bank Plc. He was also a General Manager in United Bank for Africa (UBA)

and had been the General Manager and Chief Executive of Newdevco Finance Services Company Limited. He has over 24 years banking experience across business portfolios in banking. He was appointed to the Board of Fidelity Bank Plc in April, 2012. According to the audited

T H I S D AY TUESDAY MAY 3, 2016

TUESDAY MAY 3, 2016 • T H I S D AY

NEWS

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

Northern Governors Divided over Implementation of Preaching Law

Seriki Adinoyi in Jos The no-licence-no-preaching law which was allegedly unanimously

endorsed last Friday by the 19 northern state governors may be heading for the rocks as some of the governors may have

Osinbajo: About $15bn Lost to Fraudulent Security Equipment Spending Says budget implementation starts next few days Tobi Soniyi in Abuja The Vice President, Professor Yemi Osinbajo, has said Nigeria lost about $15 billion to fraudulent and corrupt practices in the security equipment spending during the last administration. A statement by his Special Assistant on Media and Publicity, Mr. Laolu Akande, said Osinbajo disclosed this yesterday at the University of Ibadan during a book presentation by the Ibadan-based elite group, House of Lords, which just published an indepth analysis by different experts titled: ‘Nigeria: The Challenges of Growth and Development.’ ”It was discovered a few days ago that the total amount of money lost just to corruption in part of...and provision of security equipment in the military is close to $15 billion,” Osinbajo said. While observing that the Muhammdu Buhari presidency had kept on a sustained fight against corruption, Osinbajo said the country simply could not sustain the shocking level of public sector corruption in particular. He said: “When you look at the sheer amount of money that has been embezzled, the sheer amount of money lost from any of these various cases of corruption, you will find that far too much has been lost.” The vice-president also gave an assurance that the implementation of the 2016 budget would start in the next few days. “By the grace of God in the next few days we will begin the implementation of one of the most ambitious budgets in our history. Ambitious not just in its size but more in its broad range of fiscal and other socio-economic policies,” he added. He said the nation’s foreign reserves stood at about $27b and

added that the $15 billion figure “is more than half of the current foreign reserves of the country.” Osibanjo then told the audience made up of top Nigerian elites drawn from academics and business that what the Buhari presidency was trying to do was to ensure that there were consequences for corruption. He said: “We try to send a message that anyone who is found to have been corrupt would not only dislodge the property he has stolen but will also pay for it in terms of the sanctions of the law. “I believe strongly that it is important to send a message that no public officer can steal the resources of this country and expect to escape. I hope the message would be loud and clear and it will inform behaviour in the future.” Throwing a challenge to the Nigerian elite, Osinbajo said: “The limits of the growth and development of most nations largely depend on the strength of the value-driven influence of their elite, indeed it is evident that the reason for the development and growth of most societies is not resources, but values, (otherwise African countries will be the most developed.)” Citing the example of Singapore to back up his submission, the vice president noted that the reasons the tiny, resourceless island was richer than most of sub-Saharan Africa countries with their vast resources were strong values such as hard-work, integrity, innovation promoted by a committed elite. He said responsibility is what he called “The burden of privilege.” Osinbanjo said the elite had a great role to play to help Nigeria realised her potential. He explained: “I have argued elsewhere that the privileged, or the elite, both individually and collectively, have a responsibility,

Camerounian President, Biya Arrives in Nigeria Today on StateVisit Tobi Soniyi in Abuja President Paul Biya of Cameroun will at the invitation of President Muhammadu Buhari begin a two-day state visit to Nigeria today. A statement issued in Abuja yesterday by the Special Adviser to the President on Media and Publicity, Mr. Femi Adesina, said Biya would be accompanied by his wife, Chantal, and senior Camerounian government officials. Adesina said Buhari would receive Biya at the President Villa in Abuja in the afternoon. He said: “Both leaders and their officials will confer on issues of

common interest to Nigeria and Cameroun, including ongoing bilateral and regional cooperation against terrorism, violent extremism and cross-border crimes. “It is expected that new agreements to strengthen existing ties as well as trade and economic relations between Nigeria and Cameroun, would be concluded and signed before the end of President Biya’s visit. “A joint communiqué on the visit and the talks between the two presidents and their officials will be issued before Biya’s departure from Abuja on Wednesday, May 4, 2016.”

dissociated from it, noting that the peculiarity of their states will not permit implementation of such law. The 19 northern state governors under the aegis of the Northern Governors’ Forum had at their last meeting in Kaduna, endorsed the commencement of the issuance of licence to preachers in the region. Governor Nasir el-Rufai of Kaduna State was the first in the North to propose the bill which is still under consideration at the state House of Assembly. In the communique they issued at the end of their meeting last

Friday in Kaduna, the governors had alleged proliferation of sects and preachers in the region and agreed to close down all religious organisations and institutions that refused to be licenced with the respective state governments. But this agreement collectively signed by the governors may not have gone down well with some of the states, especially those with large Christian populations like Plateau, Taraba, Benue, Kwara, Kogi, Nasarawa, and Adamawa. THISDAY gathered that state like Plateau has begun to murmur against such agreement

considering that it is out of tune with the religious beliefs of the larger population of their people. Reacting, Special Adviser on Media to Lalong, Mr. Mark Longyen, said though every state in the North was part of the agreement, it might not be binding as each state has its own peculiarity. Longyen added that Plateau State would have a second look at the law and determine whether or not it could be applicable to the state. “It is true that Plateau State was part of the agreement, but

it is not binding. We will look at the law again and domesticate it according to the peculiarity, reality and circumstances of the situation in Plateau State.” Northern Chairman of the Christian Association of Nigeria (CAN), Rev. Yakubu Pam, and the Anglican Bishop of Jos, Bishop Benjamin Kwashi, were not ready to comment on the communique yet until they’ve taken their time to properly look through. The clerics said they would comment appropriately and make their positions known after studying the said communiqué.

STATE OF THE NATION IN FOCUS

President Muhammadu Buhari (left), welcoming Bishop Mathew Kuka of the Sokoto Diocese and others, during a meeting of Catholic Bishops Conference of Nigeria with the president at the Presidential Villa, Abuja ...yesterday Godwin Omoigui

Intrigues on Acting Clerk’s Appointment Gets Messier as Commissioner Pulls out Colleagues say he fell for financial inducement Omololu Ogunmade in Abuja The raging controversy over the appointment of Mohammed Sani-Omolori as acting Clerk of the National Assembly on April 20 got messier yesterday evening as one of the commissioners who dissociated themselves from the appointment last week has reversed himself . Whereas the Chairman of National Assembly Commission, Adamu Fika, in his response to the order by Senate President Bukola Saraki to reverse the appointment of Sani-Omolori had claimed that only one of the 12 members of the commission opposed Sani-Omolori’s appointment, seven of the 12 commissioners later denied the claim, saying instead, only one of the commissioners supported Sani-Omolori’s appointment. Therefore, the seven commissioners rejected his appointment and threw their weight behind the appointment of Deputy Clerk of the National Assembly, Benedict Efeturi, as the successor to Salisu Maikasuwa who is billed to proceed on terminal leave on May 14.

But in a surprise move, one of the seven commissioners, Idi Ningi, who had signed a letter alleging that Fika, in contrast to the decision of the commission, unilaterally imposed Sani-Omolori on the National Assembly’s management, distanced himself from the claim of the “seven commissioners.” According to him, he did not sign the rejection letter along with six other commissioners. Instead, he claimed that his signature was lifted from attendance list at a meeting between the commissioners and Saraki at his residence. He said: “On April 26, 2016, I was informed of a meeting of the commission with the President of the Senate, in his house at 7p.m. of that day. Myself and one of my colleague – Alhaji Rufai Tuta arrived after 7p.m., having missed our way trying to locate the senate president’s house. “On arrival, we met four of our colleagues already seated – Elder Yepwi, Funmilayo Lamuye, Paul Oweh and Joseph Oru. About five minutes later, the Senate President walked in and after exchanging pleasantries, he spoke about the way the issue of the appointment of the acting Clerk to the National

Assembly was handled by the commission and essentially expressed displeasure about it. “My colleagues, who all spoke before me recalled their contributions at the meeting of the commission where the decision on the appointment was taken. I spoke last and only offered apologies to the Senate President as it was apparent that he was not happy with the Commission; assuring him that we cannot annoy him intentionally. “Mid-way into the meeting, the Deputy Senate President walked in and joined us. While I was speaking, one of my colleague (amongst the four we met at the residence) walked towards my seat with a sheet of paper which he gave to my colleague sitting close to me – Alhaji Rufai Tuta to sign and thereafter gave it to me. I noticed the paper was merely to write our name, the zone we represent and signature to indicate our attendance at the meeting and I signed accordingly. “I am therefore shocked and surprised to learn that I signed a document. No document was presented at the meeting and I did not sign any document but an attendance sheet.

“I could not have signed any document dissociating myself from the decision of the commission as I had earlier (on the 19th April, 2016) in a hand written note – attached – expressed my support for the appointment of Omolori as the Clerk to the National Assembly in acting capacity,” he claimed. But in a swift reaction, the remainingsixcommissionerscastigated Ningi, describing him as a liar. The commissioners in a counter statement, further described Ningi action as unfortunate, saying they were disappointed by his inconsistency. They described him as a traitor who chose to speak from both sides of his mouth because of financial inducement. “It is unfortunate that he could speak from both sides of the mouth, an action which speaks of how much of a liar and traitor he is. “We expect that a man of his age and standing should know better than to publicly deny a position he had earlier taken in the last meeting which held between us and the Senate President in the interest of the commission which has been brought to disrepute owing to the crisis rocking the commission.

TUESDAY MAY 3, 2016 • T H I S D AY

NEWS

Enugu Attacks: Ekweremadu, Lawmakers Visit Nimbo, Insist on Justice Deputy senate president donates transformer Ugwuanyi, monarchs resolve to reactivate vigilante groups Christopher Isiguzo inEnugu The Deputy President of the Senate, Ike Ekweremadu, has assured the Nimbo community of Uzo Uwani Local Government Area in Enugu State that the government and federal lawmakers from the state would never rest until justice is done concerning the destruction of lives and property by suspected herdsmen. Senator Ekweremadu spoke on Sunday when he led a team of National Assembly members from Enugu State on an assessment and condolence tour of the community. He urged the people of the community to continue to live in peace while a permanent solution to the problem was being sought, assuring them that the perpetrators of the attacks, which led to the destruction of lives and property in the community, would be brought to book. Ekweremadu further called on all Nigerians to respect the sanctity of life as well as the culture and tradition of host communities where ever they find themselves. He donated a transformer to support electricity extension to the community while the team also gave N 2 million naira to help in rebuilding the burnt structures in the town. The Senator said: “On behalf of my colleagues from the National Assembly, we want to send our condolences to those who lost their dear ones in the incident of April 26. We are here to assess the situation as members of the National Assembly from the state and we will appropriately report to our colleagues at the National Assembly when we get back. “We have seen the carnage, we have seen the church that

was burnt; we have seen other buildings that were destroyed; we have seen families, which lost their dear ones. We have also been to the hospital to see those who were injured and we are happy to see that they are recovering and the hospital authorities are giving them adequate treatment. “We are not going to rest until you get necessary justice and relief to be able to settle down back to your normal lives. Our appeal is that you should continue to live in peace while we are trying to get a permanent solution to this problem. Our people live in other places and we also welcome visitors here but we want a situation where the visitors who are coming to our place will live peacefully with us; they will obey the laws of this land, they will also respect our culture and tradition and respect the sanctity of life, and also the importance of our properties just as our people do where ever they go. “We want a situation where Nigerians can live wherever they want and be able to establish there, including in our own communities, because our people also live in other places. But we will not accept a situation where people will come here and destroy our lives and property. That is completely unacceptable and we are going to put a permanent end to this kind of indiscipline and irresponsibility. “On our part, we will do everything to ensure that the place is secure because that is the primary purpose of government-to secure lives and property of citizens. To this end, we are going to ensure that appropriate and well equipped police post is established here. We are also going to work with the governor of Enugu State to ensure that the roads here are made

motorable so that the people are able to have access not only to their village but also to their farms. “I am also happy to announce that the governor has declared Uzo Uwani a special interest area over the next four years and working with the governor and other people, we are going to ensure that after four years, the story of Uzo Uwani will change. “On a personal note, I will also like to support the extension of electricity by giving you a transformer within the next few days. NEMA will be here by tomorrow or next to bring relief materials to the affected people of this community. We will also be giving this community N2 million to support the rebuilding of the church and houses that were burnt,” he said. In his address, the traditional ruler of Nimbo, HRH Eze John Ikemefuna Akor, appealed for adequate protection of the community against the hostility of herdsmen which the said had disrupted farming in the agrarian community. He said the community faced imminent starvation in the wake of the recent destruction of lives and farms in the community. Among those on the team of the Deputy President of the Senate, were Senator Chuka Utazi, Hon. Chukwuemeka Ujam, Hon. Toby Okechukwu, Hon Pat Asadu, Hon. Dennis Amadi, and Hon. Dennis Agbo. Meanwhile, still lamenting last week’s invasion of Ukpabi Nimbo community in Uzo-Uwani council area of Enugu State, traditional rulers and town union leaders from over 400 communities in Enugu rose from a crucial security meeting with the state Governor, Ifeanyi Ugwuanyi, yesterday with a resolve to reactivate neighbourhood associations also known as vigilante groups in all the communities in the state. The governor also pledged to

Anisulowo: Ogun Police Offer N5m Reward to Informants Sheriff Balogun inAbeokuta The Ogun State Police Command has offered N5 million reward to any informant with useful information for the police on the abduction of a former senator and minister of the Federal Republic of Nigeria, Senator Iyabo Anisulowo, who was kidnapped recently at Sawonjo-Iganokoto area of the state. The state Commissioner of Police, Abdulmajid Ali, made the offer yesterday in Abeokuta shortly after a security meeting

with some officers of the command and security chiefs. Other security chiefs who were present at the meeting were the Commander 35 Artillery Brigade of the Nigerian Army, Alamala, Abeokuta, Brig-Gen S Danwalis and the state Director, Department of State Services (DSS), Mr Kabir Sanni. The commissioner appealed to the public to support the police by giving useful information that could assist in the rescue operation of the kidnapped victim.

He said: “Anyone with reliable information can get across to the Commissioner of Police Ogun State, CP Abdulmajid Ali, on 09020911911 or PPRO Ogun State, DSP Muyiwa Adejobi on 08081774631, or officer in charge of the Special Anti Robbery Squad, CSP Gbenga Megbope, on 08081766937 or any security agency around him” Ali, therefore, assured any informant of adequate confidentiality and security as every information on this matter would be made confidential.

Catholic Bishops Meet Buhari behind Closed Doors Tobi Soniyi in Abuja President Muhammadu Buhari yesterday met behind closed doors with 16 Catholic bishops under the aegis of the Catholic Bishops’ Conference of Nigeria. The meeting which started at about 9p.m. was held inside the First Lady’s Conference Hall at the Presidential Villa, Abuja. Buhari was joined at the meeting

by Vice-President Yemi Osinbajo, the Secretary to the Government of the Federation, Babachir Lawal and the Special Adviser to the President on Media and Publicity, Mr. Femi Adesina, among other aides. President of the Bishops’ Conference of Nigeria, Archbishop Ignatius Kaigama, who is also the Archbishop of Jos, led the group to the president. Other members of the delegation

were the Archbishop of Abuja, Cardinal John Onaiyekan; Bishop of Sokoto, Matthew Kukah; Archbishop of Benin City, Augustine Akubeze; Bishop of Nsukka Diocese, Godfrey Onah; Felix Alaba Job, Anthony Obina; Valerian Okeke; Gabriel Abegunrin; Matthew Ndagoso; Lucius Ugorji; William Ayenya; John Nyiring; Camilius Umoh; Ralph Madu; and John Okoye.

provide an initial seed money of N100 million to support the security efforts and activities of the communities, lamenting that he was still in pain as a result of the loss of lives and property in the Nimbo community. The meeting however made it clear that the present initiative is not intended to diminish the responsibilities and duties of the security agencies in the state but would “provide effective security for our people, as it is also designed to aid and assist them in the discharge of their duties.” It was resolved that the state government should prevail on the state House of Assembly to facilitate the amendment of the law establishing the vigilante groups to strengthen them and possibly enable them bear arms. They also resolved that communities should pay security levies as counterpart contributions to support the state government in funding vigilante groups. They also resolved “to go back to our respective communities to mobilise our people and sensitise them on the need to support the initiative of government as they relate to security of lives and property in the state.”

Others are “to ensure that we as the traditional rulers and presidentsgeneral of the town unions work harmoniously to ensure the success of the new initiative of government on security matters. “To reassure all visitors, settlers or foreigners in the state of their safety and friendship of the Enugu people so long as they conduct themselves in a manner that promotes peace and order as well as refrain from acts that may truncate their peaceful coexistence with their host communities.” The communiqué was read by the governor who had earlier in his opening address announced government’s intention “to activate the provisions of the extant and relevant laws of Enugu State particularly the Neighbourhood Association and Watch Groups Law 2006 which provides for the establishment and operation of neighbourhood watch associations in every autonomous community in the state. “Though these associations have been constituted in many communities, we understand that most of them have not been functional mainly due to lack of funding and other incentives.

“It is the intention of the government, particularly in the light of contemporary challenges, to reactivate and make them functional in the interest of the peace and security of our people. “Towards this end, we have scheduled to inaugurate the board for the neighbourhood associations and we will be asking you to make inputs in relation to its composition in order to ensure adequate and fair representation of all concerned parties. “Schedule 1 made pursuant to Section 27 of the aforesaid law, outlines the sources for the funding of the neighbourhood associations as follows:(a) gifts (b) donations from voluntary organisations, corporate institutions among others (c) grants and presentation from government agencies, individuals, residents of the neighbourhood; (d) levies, dues, fines and subventions from government (e) organised fund raising activities “Notwithstanding the current poor finances of government, we are constrained by prevailing circumstances to provide an initial seed money of N100 million to support the security efforts and activities of the communities.

TUESDAY MAY 3, 2016 • T H I S D AY

NEWS

ECOWAS Court Reserves Judgment in Suit by Victims of Apo Shooting Considers parallel national convention Tobi Soniyi in Abuja

The council urged the military and the DSS to undertake a review The ECOWAS Community Court and harmonisation the Rules has reserved judgment for May of Engagement governing the 10 in a suit filed by victims operations of security agencies to of September 20, 2013 shooting bring them into compliance with in an uncompleted building in the applicable rules of international Apo Legislative Quarter in Abuja humanitarian law governing by the officers and men of the non-international armed conflicts. It also asked that the security Department State Services (DSS) agents should file a certified text and the Nigerian Army. The judgment date is contained of the harmonised and updated in a hearing notice sent to the rules of engagement with the parties by ECOWAS Court inviting commission within two months. The report stated: “Having them to appear in court on May investigated this complaint, heard 10, 2016 for the judgment. Eight tricycle riders were all the parties and examined reported dead after the shooting the relevant laws, the NHRC, while several others were injured. exercising its powers under The victims in search for succour had approached the ECOWAS Community Court of Justice for redress. The court heard arguments on February 7, 2015 and November 30, 2015 and the case was adjourned for judgment. The case has suffered several adjournments which has dampened the spirits of the victims who are anxious to get justice in the matter. One of the surviving victims, Mall Ibrahim Mohammed, who is the 5th applicant in the case, an indigene of Zamfara State, said he suffered multiple fracture in his knees. He told our correspondent that he hoped that the matter would be concluded soonest as they were tired of the adjournments. The National Human Rights Commission (NHRC) had already ruled in favour of the victims and awarded damages against the perpetrators but the decision of the commission has yet to be ratified by an high court as stipulated by law. The commission also faulted the action of the men of the DSS as it declared the killing of eight tricycle riders at the Apo Legislative Quarters in Abuja on September 20, 2013 as unlawful. In an 83-page report presented on the matter in Abuja by the then Chairman of the NHRC’s Governing Council, Dr. Chidi Odinkalu, the commission also held that the sum of N135 million be paid as compensation to the relatives of the victims. The council therefore awarded N10 million to each of the family of the eight tricycle operators during the attack and N5million to each of the 11 others that sustained injuries. The council also directed that the office of the Attorney General of the Federation must lodge the evidence of payment with the commission’s office within 30 days. It maintained that contrary to reports that the victims were Boko Haram members, the security agents did not even interview those injured in the attack to verify that claim. NHRC said before the operation, security agents should have interrogated the owners of the property where the squatters were killed. It also said that no arms and ammunition were shown to have been recovered from the property where the squatters were killed. It also stated that the claim by security agents that the squatters were the first to open fire was not believable in the circumstance.

Sections 5 and 6 of the NHRC Act, 2010 (as amended), hereby determines and declares that: “At the time of the lethal encounter giving rise to this complaint on or about September 20, 2013, there was a noninternational armed conflict (NIAC) going on in north-eastern Nigeria involving the Armed Forces of the Federal Republic of Nigeria on the one hand and an organised armed group, Jama’atu ahlus sunnah lid da’awati wal jihad also known as “Boko Haram”, on the other. The theatre of active conflict extended to Abuja, the Federal Capital Territory. “With reference to the existence

of a NIAC in Nigeria, the rules of international humanitarian law, including, in particular, common Article 3 of the Geneva Conventions, are applicable to the parties to the conflict. The rules of human rights law under the Nigerian constitution and other relevant laws supplement international humanitarian law in the theatres of conflict and remain applicable outside those theatres. “There is no credible evidence to suggest or show that the victims in this case were members of the Jama’atu ahlus sunnah lid da’awati wal jihad (JALISWAJ) (also known as Boko Haram) or involved in direct participation in hostilities.

They were, therefore, protected civilian non-combatants. “The defence of self-defence asserted by the Respondents is not supported by the facts or evidence. “Taking account of all the circumstances in this case, the application of lethal force was disproportionate and the killings of the eight deceased persons as well as the injuries to the eleven survivors were unlawful and “There is no basis in law for confining detainees freed by the respondents to internal banishment. 10.02 in consequence, the commission hereby orders

and directs as follows: “Awards the sum of N10 million as compensation for each of the deceased or eighty million Naira in respect of the eight deceased persons “Awards to each of the injured survivors, the sum of N5 million or a total of N55 million against the Respondents The Honorable AttorneyGeneral of the Federation and Minister of Justice is to ensure that evidence of payment of payment is lodged with the Registry of the NHRC within thirty days of the present decision.

TUESDAY MAY 3, 2016 T H I S D AY

T H I S D AY TUESDAY MAY 3, 2016

T H I S D AY • TUESDAY MAY 3, 2016

COMMENT

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

HERDSMEN IN ANIMAL FARM

Emmanuel Ojeifo argues the need for government to take its duty of protecting lives and property more seriously “We must now ask the President of Nigeria what his advice for us is on this matter. Should we queue up one by one to be slaughtered when they come to our communities or should we fight back?” – Dele Sobowale

f you have seen the graphic photographs of the lifeless, butchered and desecrated bodies of the victims of the Ukpabi Nimbo massacre which have all flooded the social media, you will understand exactly what the philosopher Hannah Arendt meant when she wrote about “the banality of evil” in her book, Eichmann in Jerusalem (1963). By now, indigenes of Ukpabi Nimbo community in Enugu State know that the Nigerian government can no longer guarantee their right to life. Indigenes of Agatu in Benue State reached their own conclusion about this matter some weeks ago. Parents who have lost their children in the line of duty and children who have lost their parents in the course of their service to fatherland know that they are on their own. Time and time again the Nigerian government, through its indifference to serial atrocities in this country, has sent signals that it cannot fight for you. The battered Nigerian policeman, who can hardly feed on his meagre salary, will not put his life on the line for your sake. Your life does not matter more than his. Ask him, he will recount the experiences of fallen colleagues who died in the line of duty. Their bereaved families could not get the police to even buy a casket for their burial. If you want the army to be deployed to protect your area you might end up with more casualties. The name is of restoring law and order. You want to go on protest and Occupy Nigeria? Go ahead, but before then ask all those who have ever protested on the streets of this country. Did anything ever come out of it? The sad truth is that by its scandalous indifference and ineffectual response to routine outbursts of crime, the government has inadvertently given criminals the impression that they can go on a killing spree and undermine the law, and nothing will happen to them. The impression is fast gaining grounds today that the ordinary Nigerian has no right to life. What appears to be the case is that criminals now have a right to impunity. They can now “kill and go.” That is why the so-called herdsmen have been amusing themselves with the blood of innocent Nigerians. They seem to know that they can kill as many people as they want, and nothing will happen. In his column in THISDAY of April 28, 2016 titled “Herdsmen and the Killing Field”, Olusegun Adeniyi recounted the tragedy that took place in Nasarawa State on July 30, 2013 when some members of the Ombatse cult killed 55 police officers and 10 DSS operatives who were deployed to Alakyo community to restore law and order. Instead of giving justice to the dead and to the bereaved, the DSS gave forgiveness to the criminals. Up till today, the corpses of those 65 security agents have not been

THE SAME GOVERNOR WHO VISITED UKPABI NIMBO AND WEPT AT THE SIGHT OF THE DESTRUCTION CAME TO ASO ROCK AND WAS LAUGHING PROFUSELY WITH THE PRESIDENT. DO WE NEED ANY FURTHER CONFIRMATION THAT IF WE ARE KILLED TODAY THAT OUR DEATH WILL NOT BE A LAUGHING MATTER TO THOSE WE HAVE ELECTED TO SECURE OUR LIVES?

recovered. Adeniyi’s verdict on the matter is illuminating: “… the larger implication of the way we managed that tragedy was that we were invariably telling the whole world that life makes no meaning in our country. That is the sort of disposition that emboldens criminals to believe they can take the lives of innocent citizens without consequences.” Addressing a National Conference on Tourism and Culture on April 28, 2016, Professor Wole Soyinka put this issue in clear perspective: “It is not merely arbitrary violence that reigns across the nation but total, undisputed impunity. Impunity evolves and becomes integrated in conduct when crime occurs and no legal, logical and moral response is offered. I have yet to hear this government articulate a firm policy of non-tolerance for the serial massacres that have become the nation’s identification stamp.” The trouble with Nigeria is not with herdsmen or with any group of criminals for that matter, but with a government that seems clueless, overwhelmed and powerless to effectively deal decisively with crime. Crime exists everywhere in the world, but what marks a difference is how leaders of governments respond to incidents of breakdown of law and order. Leaders of advanced democracies in the world give us a good example in this regard. Sometimes leaders are pressured to resign on the basis of their poor handling of critical national security situations. But not in Nigeria! If the life of the ordinary Nigerian matters President Muhammadu Buhari should have gone to visit Agatu and Upkabi Nimbo communities to commiserate with the indigenes. Instead, it was the Governor of Enugu State who came to Aso Rock. Sadly, the same governor who visited Ukpabi Nimbo and wept at the sight of the destruction came to Aso Rock and was laughing profusely with the president. Then the overzealous media aide of the president posts the photo on his Facebook page. At this point, do we need any further confirmation that if we are killed today that our death will not be a laughing matter to those we have elected to secure our lives? The truth is that for as long as our leaders continue to give cosmetic attention to the routine outbursts of crime they will leave ordinary Nigerians with no alternative than to resort to self help. This will only give way to the privatisation of retaliatory violence, something that is destined to hurt us all. Government must, therefore, move beyond sanctimonious pronouncements and copious rhetoric in its constitutional responsibility of protecting lives and property. The message must be sent out clearly to everybody that nobody can take the life of another and go scot-free. That is the only way to stave off the institution of George Orwell’s “animal farm” in Nigeria, where the lives of some “animals” seem to be more equal than others. Ojeifo is a Catholic priest of the Archdiocese of Abuja

INVESTING IN HUMAN CAPITAL

Atiku Abubakar is using philanthropy to transform his home state while providing equal opportunity to all Nigerians, writes Louis Okoroma

etween April 22 and 23, 2016, a conference and panel discussion took place at the London School of Economics and Political Science (LSE) with the theme, ‘’Philanthropy: Investing in Human Capital’’. Speakers and panel discussants were made up of distinguished people from across Africa who had experiences to share on the theme of the conference. Among the speakers and panel discussants was Atiku Abubakar, a former vice-president of Nigeria. Atiku spoke on the topic, ‘’Philanthropy and Human Capital Development in Africa: A contribution from Yola, Nigeria.” Atiku Abubakar was clearly in his element when he delivered his speech because for him, philanthropy and development of human resources is one area where he has done a lot over the years, and he said as much. The task of the panel of discussants was to educate the audience on how to use, or how philanthropy can be used to identify, motivate, train and reward people in such a way as to promote development in Africa. Atiku defined development as ‘’ the effort to increase the productive capacity of a society, improve the people’s wellbeing and expand the frontiers of freedom, while protecting the ecosystem for current and future generations’’. It is instructive and Nigerians need to note that Atiku Abubakar, a leading chieftain of the ruling All Progressives Congress (APC) and one of the country’s top politicians, was a speaker and discussant at a conference where development issues was the main theme. This shows that the former vice-president,

aside his achievements in politics, has other good qualities that recommend him to an international audience on Africa’s development. This is no surprise as the Turaki Adamawa, in a recent post on twitter, described himself as first and foremost, a businessman, before being a politician! This is very important. It means that as a businessman and a successful one at that, business rather than politics defines the essential Atiku, the philanthropist and he has employed his resources to fund both his politics and his philanthropy. According to Atiku, philanthropy, entrepreneurship and human capital development has a long history in Africa as it has enabled many an African community, ‘’to build schools, roads, churches, and mosques. An individual’s success is deemed to be of limited social value if it does not lead to the success of others in the family, clan or community’’. The above helps to explain the passion of the Turaki Adamawa for philanthropy notably the one that has informed his deliberate citing of his business ventures in his native Adamawa State even though employment opportunities in all his business and other endeavours are open to all Nigerians. The goal is to use philanthropy to transform his home state while providing equal opportunity and livelihood to all Nigerians. The flagship of the philanthropic endeavours of the Turaki, as he told the audience at LSE, is the American University of Nigeria (AUN) and its affiliates. The AUN, founded a little more than a decade ago, is a development university, the first of its kind in Africa, if not in the World because while most leading universities in the

world impact on their environment and society in fundamental ways, the AUN is perhaps the only higher institution which from the outset has as its goal the development and transformation of its environment and the people who inhabit it. In a thousand little ways, the university has worked hard to live up to this task to the admiration of the people. Reflecting on the energy, resources and time being expended in setting up, administering and maintaining the AUN, the former vicepresident gave an interesting insight into his thinking and motivation. He asked, ‘’ would it not have been cheaper, to use the resources expended on the AUN, to award more scholarships to African students to be educated at the LSE and similar leading universities in the UK and US?” In his response to his own question, Atiku Abubakar said ‘’ my concern, however, is to help develop my country in deeper and more holistic ways. Why should we want to facilitate the brain drain out of Africa, to enable our best and our brightest to take their ambitions, their intelligence, and their drive to London or New York? We need them in Africa. We need them to understand the problems in Africa. We need them to pitch in’’. The point emphasised by Atiku Abubakar is that philanthropy is an investment which has multiplier effect. Thus, when a university is set up, it immediately changes the outlook and possibilities of its environment, near and far, and with time leads to an increase in the economic growth of the locality. This means that as higher institutions of learning are set up, the foundation is being laid for development and economic improvement of the society and

its people. Atiku revealed further that, ‘’a recent study estimated that a one year increase in Africa’s stock of institutions of higher education, with no other actions, would raise output growth by 0.63% per year, boosting incomes about 3% after five years and by 12% over a decade.” According to Atiku, ‘’increasing economic growth is absolutely essential for all African countries, but development is more than merely increasing incomes and enlarging GDPs. Development, sustainable development, is also about improving health, preserving and enhancing the environment, developing good governance, and increasing human welfare, especially for the poor’’. He told his audience that societies with widespread access to higher education have better health indicators, increased life expectancy and reduced infant and child mortality, reduced fertility rates, and increased savings rates. ln addition, he said societies with widespread access to higher education “are more democratic and more politically stable, have stronger human rights and civic institutions, lower rates of crime, etc.” For African societies to grow out of poverty and to compete successfully on the global stage, he said ‘’the technologies, skills and attitudes attendant upon the widespread use of computers and the Internet must be made widely accessible, not only to university students on the African continent, but also to everyone - especially the poor. For the poor, more than anything, lack of knowledge, and information, and resources are very costly.” Okoroma wrote from Abuja

T H I S D AY TUESDAY MAY 3, 2016

EDITORIAL FAYOSE’S WASTEFUL CHINA MISSION Ayo Fayose’s letter to the Chinese authorities is politics taken too far

overnor Ayo Fayose’s recent letter to Chinese President Xi Jinping, advising the Beijing authorities not to grant the $2 billion trading loan to Nigeria, has continued to generate fierce criticisms. First, Fayose sent a letter via his chief of staff, Chief Dipo Anisulowo, through the Chinese Ambassador to Nigeria, Gu Xiaojie, vowing to personally deliver a copy of the letter to the Chinese leader. Then, he did just that when he visited China recently. While there may be nothing wrong with an opposition politician taking a different position from that of the government in power, especially in the area of the economy, we dare say that Fayose’s letter is clearly wrong. In the letter, Fayose said he wrote as one of the major stakeholders in Project Nigeria, and a governor of one of the 36 federating units. He also drew the attention of the Chinese authorities to the report that the federal government was on the verge of obtaining a $2 billion loan from the Export-Import Bank of China. The loan is A CONSTRUCTIVE part of the N1.84 OPPOSITION LAYS trillion the governEMPHASIS MORE ON ment has proposed to CONVERSATION WHILE borrow to finance the INTERROGATING CRITICAL 2016 budget. ISSUES, INCLUDING THOSE According to THAT IMPINGE ON THE reports, Nigeria is ECONOMY planning to raise about $5 billion abroad to cover part of its 2016 budget deficit. This is projected to hit N3 trillion ($15 billion) due to heavy infrastructure spending at a time when the slump in global oil prices has impacted negatively on the country’s export revenues. The Ekiti State Governor therefore advised the government of China to be mindful of the fact that Nigerians, irrespective of their political and religious affiliations, are totally opposed to increasing the country’s debt burden, which is already being serviced with 25 per cent of the federal government annual budget.

Letters to the Editor

Whatever may have been the merit of his argument, Fayose’s letter to the Chinese authorities is politics taken too far. Yes, representative democracy supports all voices to be heard. And if the ruling government acts in a way that might change the socio-political and economic fabric of the country, it is legitimate for any member of the opposition party or the party itself to raise its voice. But Fayose’s brand of opposition politics is not only ridiculous, it is dangerous.

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

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EDITOR-IN-CHIEF/CHAIRMAN NDUKA OBAIGBENA GROUP EXECUTIVE DIRECTORS ENIOLA BELLO, KAYODE KOMOLAFE, ISRAEL IWEGBU, EMMANUEL EFENI, IJEOMA NWOGWUGWU GROUP FINANCE DIRECTOR OLUFEMI ABOROWA DIVISIONAL DIRECTORS PETER IWEGBU, FIDELIS ELEMA, MBAYILAN ANDOAKA, ANTHONY OGEDENGBE DEPUTY DIVISIONAL DIRECTOR OJOGUN VICTOR DANBOYI SNR. ASSOCIATE DIRECTOR ERIC OJEH ASSOCIATE DIRECTORS HENRY NWACHOKOR, SAHEED ADEYEMO CONTROLLERS ABIMBOLA TAIWO, UCHENNA DIBIAGWU, NDUKA MOSERI GENERAL MANAGER PATRICK EIMIUHI GROUP HEAD FEMI TOLUFASHE ART DIRECTOR OCHI OGBUAKU II DIRECTOR, PRINTING PRODUCTION CHUKS ONWUDINJO TO SEND EMAIL: first name.surname@thisdaylive.com

constructive opposition lays emphasis more on conversation while interrogating critical issues, including those that impinge on the economy. Such opposition also asks salient questions and speaks on resolution of problems being faced. Politics aside, a responsible opposition is expected to bond with the ruling government on issues of national interests. Obstructionism, which was what Fayose’s action amounted to, is political recklessness at its most invidious. Disparaging everything the government or President Buhari does in the name of opposition is not decent for a growing democracy like ours. Travelling to China to protest against a perceived economic interest of his nation is a violation of his oath of office as governor of a state in Nigeria. Yes, there is need for a strong opposition so that the government in power can be alive to its responsibilities. There could even be some sense in what Governor Fayose is saying - that there was no point borrowing to finance the budget. Many people have canvassed that position as well by advising Buhari and his economic managers to look for alternative means of financing the budget instead of the planned $5 billion, part of which was the $2 billion Chinese loan. However, there are more decent ways in which Fayose could have put his views across to the federal government or to the general public without necessarily having to travel all the way to Beijing with a retinue of officials at tax payers’ expense, just to deliver a silly letter.

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.

IGP AND PERSONS SELLING FUEL IN CONTAINERS

deem it expediently necessary, as a Nigerian, to write to the Inspector-General of Police Mr. Solomon Arase over his recent order for arrest and prosecution of “persons selling fuel in containers”, as reported by some national dailies.

I hereby join millions of other Nigerians, who are adversely affected by this order, to beseech our amiable IGP to rescind this very unpopular order, in the interest of the generality of Nigerians, to whom he owes it a duty to, not only protect their lives and property, but also to be concerned about their welfare. The reasons behind this anti-people order are obvious. Firstly, the order is very ill-timed, coming at a time when Nigerians have to contend with untold and excruciating hardship imposed by the lingering fuel scarcity, the longest of its kind in recent times, and one, in respect of which the federal government is apparently confused about the solution, as many promises and deadlines had come and gone, without a succour in sight yet. It is common knowledge that the activities of the ‘black-marketers’ of petroleum products are fuelled by the woeful failure on the part of government to ensure adequate supply of the products. Secondly, and as if the foregoing was not enough, the situation has been aggravated by the epileptic power supply, or

better put, the seizure thereof, which ravages the length and breadth of the nation. The power situation which poses as about the worst of its kind in recent times, sunk to a historic zero mega watts throughout the nation, for more than three hours a couple of weeks ago. This is further exacerbated by the scorching weather condition imposed by the prolonged dry season. These, put together, have dealt heavy blows on Nigerians who now have to scramble for the very little supply of fuel in circulation to transport and generate power for personal consumption. Will it not be very untoward as well as be an insult upon injury, if we further place this arbitrary restriction on access to fuel? Thirdly, the order of the IGP is impracticable without having to compound the suffering of Nigerians. This is because, the fuel scarcity is characterised by long queues at filling stations and people spend the better part of their day, in order to buy fuel and sometime, without success. But after painfully scaling through such queues, one would, under the regime of the IGP’s order, be opportune to only fill a generator fuel tank, which commonly ranges between four litres and 20 litres in capacity, quantities only good enough to last for less than 24 hours. One therefore, would be condemned to return to the same queue the next day at the detriment of his/her work, health, time and leisure. As for the submission of the IGP that many lives could be

lost as a result of eventualities from storage of fuel in homes, I say, as much as this is true, more catastrophic casualties may result from the suffocating multitudes accumulating in filling stations, as a result of radiation from mobile devices. Let me say, for the avoidance of doubt, that I am not in any way supportive of the activities of black marketers and neither am I one of them. I believe there are a thousand and one better ways of curbing the activities of these people and minimising casualties from home storage of fuel, without having to call for the heads of Nigerians as a whole. Rather than settle for the easier way out, the Nigerian Police Force can employ some of the below highlighted strategies which are not exhaustive: arrest and prosecution of fuel hawkers - the so-called black marketers are seen daily hawking their wares on our roads for any interested buyer. They can be arrested and prosecuted at that instance. It’s easier that way. The Police have all it takes to investigate, arrest and prosecute people who store fuel, in commercial quantities, at home. Rather than a threat of prosecution and litigation, the police should employ public advocacies and sensitisation on the dangers of storing inflammable substances in homes and guide the public on measures to be taken, if doing so becomes inevitable. Lawal AbdulFatai Abiodun, Lagos

TUESDAY MAY 3, 2016 T H I S D AY

T H I S D AY • TUESDAY, MAY 3, 2016

POLITICS

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

EXECUTIVE BRIEFING

Ebonyi: The Gains of Strategic Communications Bridging the communication gap between the government and the people is the strength of the current administration of Governor Dave Umahi of Ebonyi State, writes Benjamin Nworie

ince the Ebonyi State Governor, Dave Umahi appointed Dr. Emmanuel Onwe as the commissioner for Information and State Orientation, two things have happened. One, the understanding of government with realtions to the people has changed significantly and two, the sector has recorded tremendous improvement, from what it used to be. Sharing the philosophy of his principal, Onwe believes that if public money is used for public purpose, there’s the need for the public to be completely and adequately informed. It is also his belief that propaganda and lies do no good to the development of any state as well as the success of any administration. This, ostensibly must have been the bond of commitment shown by the commissioner that, apart from the desperation of the people, especially the opposition parties to know what is happening in the state, the governor has not pushed him to propaganda fireworks. Rather, Onwe has continued to put together documentaries, commentaries, media parleys on government achievements, policies and programmes. And from all indications, his uncommon approach to work may have endeared him closer to the governor than a majority of his colleagues. Perhaps, with the ignoble lessons from the past administration, as regards low publicity and awareness creation on government policies and programmes, Governor Umahi, may have thought it wise to bring in a capable hand that would drive his transformation agenda without resort to propaganda. To his credit, Onwe has changed the laxity in information management in the state. Government programmes and policies are now brought to the doorstep of the people. People have begun to feel the impact of government. Government is further brought closer to the people and they can now contribute effectively to issues of public interest through functional media networks. However, it has also been advised that the governor should have a stake in the media works, even though he has a capable hand that always hits the airwaves in information dissemination, like Onwe by engaging in interactive sessions

Perhaps, with the ignoble lessons from the past administration, as regards low publicity and awareness creation on government policies and programmes, Governor Umahi, may have thought it wise to bring in a capable hand that would drive his transformation agenda without resort to propaganda

Onwe...constructively changing the narrative

with media operators and town hall meetings with stakeholders to keep the public abreast of the happenings in his administration. This was why the need for quarterly media chat initiated by the state council of Nigeria Union of Journalists appears a veritable platform for such use. If this tradition is adhered to, it is the belief of many that the governor may have succeeded in directly feelings oulse of the people without subjecting them to the antiquated and sometimes, ignoble demands of the suggestion boxes. These are some of the ideas of the Commissioner in bringing the governor closer to the people. Though Umahi has the penchant for the best, Onwe’s appointment became most expedient, considering his role during the elections when he displayed not only articulated skills and strategies but sincerity in propagating his clamour for charter of equity and the inherent virtues of Umahi. Since his appointment, Onwe has not only shown that he is a media game changer, but also a reputable newspaper columnist, whose thoughts and contributions reverberate the political landscape of the state and country in general. Onwe, unlike many politicians that scramble for juicy political positions has continued to render the needed service delivery to the people. He noted that he was faced with the challenge of rendering social services to his people and state, no matter the capacity. Above all, the Ikwo-born is an ardent supporter of the need for greater transparency, sincerity and non-politically driven anti-corruption reforms in Nigeria. Apart from being a former member of the Nigerian Senate, Onwe is a lawyer, human rights activist, initiator and facilitator of Njiko Igbo Movement, a socio-political group for Igbo unity. As an advocate of social justice and fair play, Onwe also played prominent role for power shift to the south. This was also why he parted ways with the former governor, Chief Martin Elechi, when Elechi’s perceived insincerity on power shift became obvious.

Immediately, Onwe backed out and maintained deaf ears to the political “concoction” of the former governor and his cohorts, when Edward Nkwegu was “conscripted” to contest governorship against the zoning arrangement and charter of equity. Accepting to serve the state in such capacity has further demonstrated his love for service to state and humanity, even with his intimidating credentials. That was why it particularly piqued the governor during his first of appointments, the rejections of appointments by his appointees for one reason or the other. With his orientation, Onwe accepted the mantle of information management in the state to propagate the reality of the Umahi administration, and render selfless service to the state. Many may not know or believe that Onwe is from Ebonyi State. He is among few elites that have carved a niche through dint of hard work. Onwe returned to Nigeria after a successful legal practice in the United States of America. He was first seen in political scene in 2007. Probably, that was when most people knew him for the first time. However, his popularity blossomed in 2007 when he contested Ebonyi Central senatorial position under the Peoples Democratic Party. And because of the love and his intellectual dispositions, Onwe was able to secure the supports of the youths, who queued behind him as the needed change that Ebonyi must key into. Though his duration was short-lived in the senate due to legal fireworks and pronouncement, his footprint is still indelible. His election suffered legal litigations for over three years until the Court of Appeal in Enugu, on July 16, 2010, upheld his appeal and declared that Onwe was duly elected candidate to represent Ebonyi Central, thereby ordering the Independent National Electoral Commission to issue him certificate of return. However, the Supreme Court in 2011 overturned Onwe’s victory. Onwe ran again for senate in 2011 under the All Progressives Grand Alliance (APGA), an

election observers noted was clearly won by Onwe until INEC called off the election, citing the inadequacy of election materials. However, angered by the development, probably having sensed “manipulations” from the PDP candidate, Paulinus Igwe Nwagu, Onwe opted against participating in the rescheduled election a week after, and called for the annulment of the election. Though Onwe’s prayers could not sail through, his popularity and impacts have placed him above his contemporaries. In the senate, he was the first federal lawmaker from the state to declare to his constituency that there was no excuse for failure and not bringing dividends of democracy home due to the “juicy or flamboyant” nature of the National Assembly. With his short stay in the Senate, he was able to organize job summit for the youths where money and employment opportunities were offered to many unemployed graduates. He equally donated transformers to some of the communities in his zone. In the past, lawmakers were seen to arm themselves with excuses that it was not part of their mandate or responsibility to award and execute projects and that was why it was difficult for them to execute most of the project needs of their constituents. Born in Aguabata in Ikwo, Onwe received his early education at Our Lady of Fatima (later renamed the Community Primary School) in Ikwo and the Presbyterian Secondary School, Abakaliki in Anambra State. Onwe studied law on a scholarship at the London School of Economics and Political Science (LSE), where he earned his bachelor’s degree. After his graduation, he proceeded to the University College London, where he received his master’s degree in law and later his PhD in public international law from London University. Trained as a barrister at the Inns of Court School of Law in London, Onwe was admitted to the Lincoln’s Inn Society in 1999 and called to the English Bar. While at the Inns of Court School of Law, Onwe received the Sir Thomas More Award. He later undertook his pupillage at Two Garden Court Chambers, Middle Temple, London. Onwe has worked for many non-governmental organisations like the Y-Care International; Friends of the Earth and Amnesty International. At Y-Care International, he worked chiefly on mobilising and delivering relief materials for the victims of the Rwanda Genocide in 1995. At Amnesty International, he worked in the campaigns department and took a special interest in the organisation’s campaigns on issues such as the death penalty and in the 1991–1992 campaign against the Maoist guerrilla insurgent organisation Sendero Luminoso (Shining Path) in Peru. During this period, Onwe attended the historic World Conference on Human Rights in Vienna, Austria in June 1993. The conference gave rise to the Vienna Declaration and Programme of Action on Human Rights. As a prelude to the conference, Onwe wrote an essay published in the New Internationalist in June 1993, which extolled the principle of universality and indivisibility over the concept of the cultural relativity and peculiarity of human rights. Onwe was a founding member of the Civil Liberties Organisation’s United Kingdom Section alongside Dr. Amazu Anthony Asouzu. After joining the British Labour Party in 1992, he worked on the election campaigns of MPs Bernie Grant and Paul Boateng between 1992 and 2005. Both Grant and Baoteng were long-serving members in the British Parliament. Most interestingly, as an astute politician, Onwe believes in giving back to the givers of votes.

T H I S D AY • TUESDAY, MAY 3, 2016

PERSPECTIVE

Job Creation as the Best Yardstick

One crucial way of assessing government is through job creation and this must not be lost on the masses, writes Magnus Onyibe

couple of years ago, the Nigerian economy was growing at between 6 and 7 per cent GDP rate. This was probably due to the fact that crude oil/gas, Nigeria’s main export earner, attracting 90 per cent of foreign exchange, FX income and which constitutes about 11 per cent of her GDP, was trading at over $100 per barrel. The most probable reason is that the oil boom and Nigeria’s forex reserve, which at one point was estimated at about $60 billion attracted international portfolio and equity investors, who came in droves to buy Nigerian bonds which had a mouthwatering yield of about 12 per cent – an impossibility in the industrialised world. By their very nature, portfolio investors are exactly what their name indicates – mere portfolio/briefcase carrying businessmen trading in papers and other intangible financial instruments as opposed to entrepreneur investors, who bring in machines and other equipment used for factory production of goods and in the process, create employment for Nigerians. Obviously, for many years, Nigeria had very few entrepreneurs as foreign direct investors (FDI) in the real economy, but attracted hordes of portfolio/equity funds managers, who take flight with their investments at the slightest suspicion of instability like oil price volatility or conflicts in the polity arising from political differences leading to tension. Nigeria also quickly booked a spot in the popular JP Morgan price index, owing to the excellent return on investments in bonds as opposed to manufacturing, the economy was thus adjudged to be growing at attractive GDP levels of 6 to 7 per cent earlier mentioned. Unfortunately, it was only on paper that the growth was being recorded as new factories were really not being set up as such neither were more people being gainfully employed, which is really what governance political leadership and progress in a society are about. In that period, international trade was flourishing so well that trading in treasury bills/bonds and other financial instruments was the trend, and importation of goods rather than manufacturing; gaming the system via fake fuel subsidy invoices and crooked crude oil for refined products swaps schemes, as opposed to refining the 450,000 barrels of crude oil allocated for local refining, gained traction and thus became the new business paradigm, rather than the exception in Nigeria. As the so called GDP growth was exclusive to the rich, the Nigerian masses were groaning in poverty owing to the socio-economic hardship foisted on them by fake economic growth that had no local dynamics or bearing because it was not people centric and thus failed to make any positive impact on the lives of the ordinary folks. As a result of the implementation of the aforementioned polices that were not oriented towards alleviating poverty through employment generation, factories closed down – 185 textile mills in Kaduna State and environ (according to minister of state for industry, Aisha Abubakar) plus tyre and battery manufacturing plants that were located in Lagos, Sango Ota and surrounding areas. In fact, some of them, especially tyre manufacturers like Michelin, migrated to neighbouring countries like Ghana, where fiscal policies and infrastructure are conducive. Associated with factory closures is the loss of jobs and the current unemployment crisis (about 12%) besetting our country is a legacy of anti-job creation policies of previous administrations. As President Muhammadu Buhari mentioned in China during his current visit, the existing huge

Ngige...getting the priorities right

trade imbalance between Nigeria and the world’s 2nd largest economy, China has to be bridged and that can only be done if and when Nigerian business men and women start partnering their Chinese counterparts to produce locally, the items that we are currently importing. A critical facilitator or ingredient for such business relationship to blossom is stable supply of electricity and other infrastructure that enhance manufacturing such as transportation facilities like improved road networks, more modern railway lines and efficient sea and air ports to enhance distribution of goods. The present situation, whereby the only business model is importation of Chinese finished products into Nigeria and export of our crude oil to China, does not augur well as it is antithetical to the erstwhile import substitution policy of Nigeria, which President Buhari has vowed to pursue more vigorously.

Going forward, instead of focusing on the size of the budget set aside for a project, and the value of the contracts awarded in terms of the quantum of funds to be disbursed as contract sum, let’s start judging our governments both at the federal, state and local government levels by the number of jobs created through their development initiatives to determine their impact in their domain

Hopefully, apart from funds, one of the things that the president and his team currently visiting China, would seek to borrow from the Chinese, is how they dealt with the inadequate power and energy challenges that initially hobbled her economic growth but was resolved and thereafter enabled China achieve the ‘Great Leap’ that propelled her into the prime position of being the foremost factory to the world. The construction of a dam over the famous guangtze river (the 3 gorges dam) that stretches across four hundred miles and was responsible for most of the monsoons that led to loss of millions of lives, helped China achieve energy sufficiency, and therefore a good candidate for emulation by Nigeria as we benchmark that country for progress. With the unprecedented N1.8 trillion allocated to capital projects in budget 2016, Nigeria can be transformed into a major construction site, especially if the $6 billion loan that is being vaunted as a promise from China for investment in infrastructure becomes reality. From harnessing electricity through solar power and wind mill factories to be sited in the desserts adjacent to Katsina and Kano states, to converting the hydro resources abundant in mambilla plateau in Taraba state, into a dams for generation of electricity power like the existing ones in Shiroro and Kainji area of Niger State. And by also taking advantage of the gas fields preponderant in the Niger Delta, coupled with leveraging the huge coal deposits in Enugu State and environ for utility as coal mines, Nigeria would be able to power factories in partnership with Chinese investors for manufacturing of goods to satisfy our local consumption needs and perhaps with enough to export to neighboring countries. Given the scenario above, it now behooves each of the 36 governors and 774 local government chairman nationwide to woo and lure entrepreneurs to their domains by making them more investor-friendly through provision of enabling environment like roads and electricity infrastructure, as well as incentives like tax holidays and private public partnership (PPP) arrangements. So, going forward, instead of focusing on the size of the budget set aside for a project, and the value of the contracts awarded in terms of the quantum of funds to be disbursed as contract sum, let’s start judging our governments both at the

federal, state and local government levels by the number of jobs created through their development initiatives to determine their impact in their domain. Currently, growth and progress in our economy are measured by the gross domestic product (GDP), which is a sophisticated barometer of the sum total of volume and value of economic activities carried out in a specific period in a community or country. Experience in Africa, particularly in subSahara Africa, has shown that the method is kind of warped, as it mainly captures the fortune of the top 1 per cent super rich and hardly reflects the misfortune of the 99 per cent long suffering working and jobless masses in the middle or lower rung of the ladder. During a recent debate on whether or not GDP is an optimal development indicator in Africa, following the palpable poverty manifesting on the streets in Africa, from Kano to Kigali, despite impressive GDP growth in Africa, it was reported that, that the immediate past Africa Development Bank (AfDB) president, Francis Kaberuka, amongst others bureaucrats noted that GDP may not be a proper gauge. I would like to stretch that thought process further by adding that GDP is probably a deceptive measure of the state of the economy in Africa, as it does not directly or immediately reveal the number of people in the society that have roofs over their heads and food on their tables. By applying a new rule, such as the number of people in employment as a yard stick for measuring progress and development in Nigeria, the true state of affairs can really be determined because every employed person is more likely to afford to rent or own a home and would also be able to have the proverbial three, 3 ‘square’ meals a day. Another yardstick Nigeria could adopt for gauging progress in our society should be inflation rate. This reflects the hunger or poverty rate in the society because it is a direct measure of the cost of food, housing, transportation, health care and other essential utilities in the society. Following the current dislocations in the economy of Nigeria, inflation is about 10.8 per cent, according to the latest figures from the national bureau of statistics (NBS). To get a clearer picture of how bad such inflation rate is, compare it to UK’s rate, which is a mere 0.5 per cent. Clearly, from the foregoing scenarios, unemployment and inflation rates in a society would serve as better, more practical and realistic prognosis than the sophisticated GDP tool applied in the industrialised Western economies. This is why it is very important to make a strong case for a paradigm shift to using jobs creation to assess the impact of our elected political office holders particularly for those in the executive arm of government. No longer would ministers and commissioners at the federal and state levels respectively, after the weekly or monthly federal or state executive council meetings, merely announce the value of the contracts awarded in terms of money to be expended. Henceforth, emphasis should be on the number of jobs to be created and the impact of the projects on the people in the community in particular or society at large. That is the change Nigerians voted for and the least they expect now. While I was researching this article, I came across a similar policy being applied by one of the states in the Niger Delta. - Onyibe, a development strategist and former commissioner in Delta State is an alumnus of the Fletcher School of Law and Diplomacy, Massachusetts, USA NOTE: Interested readers should continue in the online edition on www.thisdaylive.com

T H I S D AY • TUESDAY, MAY 3, 2016

PERSPECTIVE

The Evils of Corrupt Enrichment Corrupt enrichment through public office is buoyed by the evils it represents in society, reckons Okechukwu Emeh

o begin with, material wealth, or riches, is a protection against the deprivation, misery, shame and inhumanity of lack, poverty and squalor. When acquired in a fair and just manner by dint of hard work, effort, struggle, determination, entrepreneurship, talent or divine favour, it is a thing of glory and upliftment in the sight of God and right-thinking people. However, when wealth is achieved through foul or illegitimate means, it is bound to be a source or reproach, resentment, unease, crisis of conscience and tragedy to the person involved. Today, Nigeria is evidently in an epochal war against corrupt enrichment through public office, as being spearheaded with courage and sheer determination by the administration of President Muhammadu Buhari. Reassuringly enough, many men and women of goodwill across Nigeria have risen beyond the confines of petty sectional sentiments by receiving the unsavoury development of calamity of evils spawned in the land by corruption, mismanagement and impunity on monumental scale perpetrated by some of those entrusted with our national patrimony in the recent past with disbelief, revulsion, indignation and condemnation. This is inevitable against a backdrop of startling revelations from the ongoing anti-corruption investigations into various public institutions in the country like the defence over the $2.1 billion arms deal. It is not an overstatement that corruption is an ill-wind that blows nobody any good considering its corrosive effects in society. Admittedly, the cancerous spread of this socio-economic cankerworm in Nigeria is one of the major reasons the country, notwithstanding her abundant human and material resources, is a classic example of stunted growth and arrested development foisted by years of diversion of public funds badly needed for national transformation to private pockets through unwholesome practices like misappropriation, embezzlement, fraud and bribery. Such economic and financial malfeasances are also a key factor fuelling privation, deprivation and despondency among our hapless populace and the resultant discontent, desperation, crime and violence. Alongside this is the negative impact of endemic or rampant corruption on our external image, as frequently captured in our unimpressive ranking on global annual corruption index being conducted by renowned integrity rating bodies like Transparency International (TI). Although public sector corruption is mainly linked with those in government because of their likely easy access to public purse, the ordinary people outside the system are complicit in one way or the other in the scandalous and shameful act. This could be viewed through their connivance by benefitting from the proceeds of corruption or giving moral support to corrupt deviants because of clannish, friendly or political affiliation. Think of a communal group that is wont to receive the appointment of one of their own into juicy public position with the razzmatazz of pomp and ceremony, thereby sending a wrong signal that the time for them to get their cut of national cake has come, which, alas, is an indirect inducement of such an official to embezzle public fund. Think of another group, in the form of rented crowd, whose members carry placards in a demonstration, defending one of their ethnic people when being accused of or arrested or tried for official corruption. And think of some of our masses who eulogise or celebrate a public official who stole millions of naira from the national coffers that would have gone into provision

Buhari...no going back on the war on graft

of infrastructure and social services merely because such an official usually gives them a pittance and they would claim that “Yes, Oga is a generous giver, who drops something (cash) for the less privileged like us and so he must chop too, na his time”. Of course, the aforementioned examples could vindicate the belief in certain philosophical quarters that people deserve the leaders they get. In this case, a people with a strong volition for lofty ideals would have a genuine leader, who would reinforce their desire for a good society, while the reverse is the case for a populace with scant regard for moral values. Sadly, many people in Nigeria are oblivious of the side effects of the proceeds of corrupt enrichment by public officials they are part of the beneficiaries like privation and deprivation and the associated mass poverty, human degradation, rising rate of youth joblessness, lack or decrepitude of public amenities, crime and violence. However, one wonders why a public official in Nigeria should betray solemn trust embodied by his or her position

A case against corrupt enrichment through public office is, therefore, buoyed by the evils it represents in society. One, it is driven by unbridled ego, which is hell-bent on survival and protecting and enlarging itself and reinforcing it are thought patterns like “I want”, “I need”, “I must have”and “not yet enough for me”. Two, corrupt enrichment is a criminal breach of public trust because it is a wicked and shameless plunder of limited public resources

by stooping so low to steal from public treasury – a treasury meant for general good. Untoward factors like narcissistic individualism, selfishness, greed, avarice, personal aggrandisement, societal pressure, ungodliness, inhumanity, unawareness and consummate lack of moral values cannot be divorced from such proclivity with corrupt enrichment by certain officials to the advantage of the overall well-being of our society. In the face of these factors, it is undeniable that the proceeds of corrupt enrichment are part of what the wise King Solomon of the ancient Israel described in the Holy Bible as vanity, and vanity upon vanity, according to him, all is vanity. Although wealth cushions against lack, its paradox is found in the ineluctable fact that sometimes, it is either impermanent or it does not guarantee true happiness or inner peace (the peace of God), especially when wrongly acquired. Besides, the illusory of identification with material things is laid bare in the proximity of death, with the whole idea of possession stands revealed as ultimately meaningless. Of course, this is where the issue of vanity of material wealth arises, in marked contrast with the enduring nature of sterling and captivating values like spirituality, morality and sense of humanity, which make those, who exude them to lead a meaningful and fulfilled life. In most cases, those who hanker after material wealth through dubious means are victims of vacuous existence. In fact, there is a spiritual and moral emptiness in the lifestyle of such people, which inform their palpable sense of angst, ennui, fear, desperation, disquiet, restlessness, boredom, anxiety, dissatisfaction, insecurity and, sometimes, suicidal inclination. Much often than not, they try to sublimate these unhealthy tendencies with insane and rapacious quest for more wealth, forgetting that the source of all abundance is not outside us but is part of who we are as human beings. No doubt, such quest and the attendant pleasures of life usually make them to meet their nemesis. And bearing in mind the inevitability of Karmic justice or law of cause and consequence, those involved in corrupt enrichment often get their comeuppance or just deserts precipitated by public curses through criminal justice or misfortunes like life crisis, terminal ill-health and tragedy. A case against corrupt enrichment through public office is, therefore, buoyed by the evils it represents in society. One, it is driven by unbridled ego, which is hell-bent on survival and protecting and enlarging itself and reinforcing it are thought patterns like “I want”, “I need”, “I must have” and “not yet enough for me”. Two, corrupt enrichment is a criminal breach of public trust because it is a wicked and shameless plunder of limited public resources, which has long-term adverse effects in a polity like privation and deprivation through mass impoverishment, chronic unemployment and neglect of infrastructure and social services and the by-products of public discontent, crime, violence and insecurity. Three, it is propelled by reckless private interest characteristics like greed, selfishness and exploitation – as against the lofty principle of public spirit, which the underlying philosophy is promotion of the greatest happiness of the greatest number of people in society. Four, corrupt enrichment is at the core of primitive accumulation of wealth, which is not only an assault on values of contentment, moderation, self-control, perseverance, trust, honour, dignity and self-worth, but has also made the physical needs for basic necessities of life like food, shelter and clothing for ordinary citizens that could be easily met to appear insuperably difficult because of the imbalance of resources caused by the pursuit of more

wealth by corrupt officials with grim and ruthless determination. Five, it is an accentuation of strong attachment to mammonism or chief preoccupation with money, wealth or profit, which the Scriptures say the love of it is the root of all evils, unlike spirituality, morality and sense of humanity that are supposed to be the true ends of man in order to build a better society. Six, as part of the materialist values, corrupt enrichment tends to destroy human roots (including relationship) and tarnish integrity based on its nature to turn desire for gain into a sole motive. Seven, it dwarfs the prospects for inclusive economic growth and even and sustainable development, alas laying the foundations for deprivation, inequality and injustice and the resultant class conflict in society. Eight, corrupt enrichment promotes profligacy given that proceeds from such despicable acts are unearned income because they are devoid of diligence and entrepreneurship. Nine, it erodes public confidence in government and its institutions by casting asterisk on the integrity of some of those entrusted with public office because of the credibility gap thrown up by their negation of public trust through acts that are shorn of clean hands. And ten, corrupt enrichment tends to dent the corporate image or reputation of a country through distrust, suspicion, resentment and the humiliation it brings to its leadership and people, unlike righteousness, which the Bible says exalts a nation. In view of the foregoing, corrupt enrichment should now be seen as one of the greatest social evils of our time that should be frontally attacked with every sinew of our strength as a people. Apart from the laudable efforts by the present administration in Nigeria to wrestle this public enemy number one to the ground through various anti-corruption investigative bodies (EFCC, ICPC, CCB, etc) and accountability initiatives like the Treasury Single Account (TSA), there is also an urgent need for a fundamental change in attitudes and behaviour in the country. This would require Nigerians to rise to the challenge by finding meaning and fulfilment in spirituality, morality and sense of humanity rather than materialist values that often find vent in economic and financial crimes like corruption, fraud and bribery. In this regard, the inordinate craving to get rich by many of our populace needs a serious rethinking. For one, this is considering the Law of Attraction of Homogenous Species by Stephen Lampe, in his book Building Future Societies (1994), which states that a people, who desire material progress at all costs and have no regard for moral principles would have a leader, who holds similar views and who would be willing to exploit and plunder them. For another, the primary purpose of our life cannot be found on the outer level like the acquisitive and self-centred goals or what we do but on what we are, which is the basis for true success in life. That is why all Nigerians, irrespective of affiliations, should close ranks and give the much-needed wholehearted support to the ongoing anti-graft campaign by the Buhari administration for emergence of a new Nigeria where public awareness about the evils of corrupt enrichment and crass materialism in general will be the beginning of our national self-rediscovery and healing through manifestation of transparency, honesty and accountability in all our undertakings. -Emeh, a social researcher, wrote from Abuja NOTE: Interested readers should continue in the online edition on www.thisdaylive.com

TUESDAY, MAY 3, 2016 â&#x20AC;˘ T H I S D AY

FEATURES

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

Where are the Dokuns? The whereabouts of Temilayo, Titilayo and Toluwani Dokun, whose parents were killed by Boko Haram in 2014, are still unknown after they were abducted by the insurgents in Borno State, writes Michael Olugbode

The Dokuns

e had a vision of becoming an accomplished educationist and a fulfilled minister of God. He had started well by being a shining light in the fastest growing church worldwide, the Redeemed Christian Church of God (RCCG). He was a respected man of God in the Askira-Uba Local Government Area of Borno State and was winning soul into the Kingdom of God. On the education front, he had established and nurtured the mission school, the Redeemed Heritage School into the best school in the area. These two things, school and Christian religion, though two of the greatest tools to lay a foundation of a great society were the greatest enemies of the deadliest fundamentalist group in the history of Nigeria, Boko Haram, and made him a target, a light that had to be dimmed. Taiwo Noah Dokun, was born about four decades ago in Ijan- Ekiti of Gbonyin Local Government Area of Ekiti State. According to his twin sister, Esther Kehinde Adesuyi, Taiwo was not only a minister of the gospel of Christ and a great educationist but a breadwinner in the family as he had to

meet the needs of different family members. She said their parents died while they

Around May last year, we learnt that some children were liberated and we thought the children were among. According to the story the liberated children were taken to some camps in Yola, we sent those who knew them to Yola to go in search of them but all was to no avail

were still very young and they were trained by relatives. Kehinde lamented that "the family members that took care of him while growing up have not been informed of his death till now because of what the shock might cause the ageing people. Our dad died like 28 years ago while our mother died in 2004 and the care of the late Pastor was left to the younger sister. Taiwo had to pay a debt of gratitude to our Aunty whom he took care of and many of our siblings too he assisted in terms of payment of their school fees and even sending to them feeding allowance." Kehinde, who said the family had continually appealed to his late twin brother to relocate from troubled Borno State, said they were in fact expecting him back home. Unfortunately, all they received was his corpse, news of the wife death in the camp of the insurgents and no clear news of three children of the deceased. She said: "Although the wife had still-birth the previous week before the attack. He was actually planning to return South while also nursing the ambition of leaving the school (Redeemed Heritage) and the church

(RCCG Glorious Parish) both in Askira-Uba in Borno State under the management of the church but the attack on the family shattered all these plans." On the attack, Pastor Olusona Johnson of Grace Assembly Parish of Redeemed Christian Church of God, Lassa, has this to say: "At the time of the incident I was at Strong Tower Parish, Gajali village in Askira-Uba local government, just about 20 minutes drive to Dille, where Pastor Taiwo Dokun was the shepherd. Two weeks to the incident, he told me he was planning to relocate his family to the South-west that he was waiting to submit his mandatory monthly remittance to the church. Where I was in Gajali, I saw people fleeing from Dille and we heard series of bomb blast and when we asked from those fleeing, we were told the insurgents have entered Dille. I was so concerned about his welfare and started calling his mobile, from morning till the next day I could not get through to him, I equally got in touch with one of our senior pastors in Lassa who informed me that he had been trying his number without success. â&#x20AC;&#x153;We were later told on the second day

• T H I S D AY TUESDAY, MAY 3, 2016

FEATURES

The missing kids: Temilayo, Titilayo and Toluwani

Though Taiwo and his wife,Vera, have been dispatched to their creator by the accursed insurgents, nobody knows the whereabouts of Temilayo (8 years), Titilayo (6 years) and Toluwani (4 years), three children who are expected to keep the dynasty of a preacher and his wife made martyrs by insurgents Late Taiwo

by some that escaped the town that he had been killed with his family abducted. They equally told us that his house was burnt along with his property. We continued as a church to pray for the family. "The church was later told by some that escaped from Sambisa Forest that she Pastor Dokun’s wife was unable to escape when they did because she had an injury that could not make her to run. We were equally told that immediately they got to Sambisa Forest, she was separated from her three children." Johnson lamented that "some other people that escaped at a later date told us that the woman was now dead, that she died because of illness; that she was diabetic.” He said the news on the children were not clear enough. "We were hearing different tales about the children, some said they are still with the insurgents, some said one of the children was killed by the insurgents and they dumped his corpse by the water bank. Up till now we are still not sure where the children might be, though the soldiers have rescued many children from Sambisa Forest, we have not been able to see those children." The Pastor in charge of RCCG Region

16, Pastor Johnson Adediran had this to say on the issue: "I do not actually know him (the deceased pastor) in person, the incident happened during the tenure of my predecessor, Pastor Emmanuel Kalejaiye. Though we all knew when it happened because the news went viral, I got to know of it in my former station, when I came here in September 2014, the pathetic story was still fresh in the heart of the RCCG family in Borno State. Then the wife was still alive according to the story we heard, we made it a point of duty to pray for their release, we had prayers for them almost every morning because then we had some pastors who were displaced and were living within the church premises and we used to have a daily devotional and we had prayer meetings for the return of peace to the state and the entire region. "It was in January 2015 that we heard rumours of the death of the wife within the camp of the insurgents, we learnt from some of the women that escaped from the insurgents. Despite that we continued to pray for the release of the children, but around May last year, we learnt that some children were liberated and we thought

Late Vera

the children were among. According to the story the liberated children were taken to some camps in Yola, we sent those who knew them to Yola to go in search of them but all was to no avail." According to him, when a letter was received from the deceased pastor's twin sister claiming that the children had been liberated from Sambisa Forest and among the children allegedly adopted by governors of Edo, Bayelsa and Kaduna states, "we have to send the details including the photographs of the children to senior pastor in Bayelsa, Edo, and Kaduna. Because the name of Borno was mentioned in her letter I also called our indigenous pastors who know the terrain well to go about the search, they went to all the IDPs camps looking for them without any success. The church is still in search of the children and would want the public, including security agents, to help in the search for these children." Adediran added that: "Those children are covenant children. The General Overseer of the Redeemed Christian Church of God, Pastor Enoch Adeboye and his wife, Pastor Foluke Adeboye and the entire family of RCCG are eager to recover them, so that the

Church can do the needful. We implore the general public including NEMA (National Emergency Management Agency) and the security agents to contact any of the RCCG parishes or any member near them in case any of the children is located." The search for the three children is not put in place by the RCCG alone, the family of the deceased has travelled near and far to reunite with them. According to Kehinde, "We have been to Red Cross offices in Abuja and Yola, IDPs camps in Yola, Durumi and Abuja, NEMA office in Ibadan, DSS office in Ibadan for these children." Though Taiwo and his wife, Vera, have been dispatched to their creator by the accursed insurgents, nobody knows the whereabouts of Temilayo (8 years), Titilayo (6 years) and Toluwani (4years), three children who are expected to keep the dynasty of a preacher and his wife made martyrs by insurgents. The church and family of late Taiwo Noah Dokun are at a crossroad and do not know how to continue to go about the search and are now calling on all well-meaning Nigerians and agencies of government to assist in the search of the three missing children.

IMAGES

L-R: Monitoring and Evaluation Officer, MTN Foundation, Mr. Muiz Adegbenro; Commissioner for Health, Bauchi State, Dr. Halima Mukaddas; Wife of the State Governor, Hajiya Fatima Nuhu Gidado and the Chief Medical Director, Abubakar Tafawa Balewa University Teaching Hospital, Dr. Mohammed Alkali, during the assessment of beneficiaries of the MTN Foundation Hearing Aid Support Project in Bauchi State…recently

L-R: Marketing Manager, DDW/Dermatology, Mr. Sunday Afonja; Marketing Director, GSK, Mrs. Kerry Alexander; Vice President, Lagos State Medicine Dealers Association, Mrs Ige Olamide; Secretary, Mr. Chuks Ezenwile and the Senior Brand Manager, Panadol, Dr. Davis Iyoha, during the 2016 world malaria day by GSK, in Lagos….recently

L-R: Senior Manager, Value Sales, MTN Nigeria, Mr. Mohammed Aliyu; Managing Director/ CEO, Chanelle Microfinance Bank, Ms. Anire Celey-Okogun and the Projects Manager, MTN Software, Mr. Steve Nwaubani, during the launch of Chanelle Microfinance Bank Debit Card services with MTN, in Lagos…recently

Newly Elected Chairman, National Assembly Legislative Aide Forum, Sam Melaye (middle) being introduced to the members, after the election by a member of central working committee representing Yobe State, Yakubu Shaho Garba (left) and a member of the forum, Dansabe Ahmed, at National Assembly Abuja….. recently

T H I S D AY • TUESDAY, MAY 3, 2016

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

L-R: Commissioner of Police, NPF Co-operatives, Mrs. Dorothy Gimba; Inspector General of Police, Mr. Solomon Arase; General Manager, CIG Motors Company Limited, Mr. Felix Lee and the Executive Director, Mrs. Khadijah Junaid, during a courtesy visit by CIG management team to the IG of Police, in Abuja…. recently

L-R: Commissioner of Police, Finance & Admin, Hyacinth Dagala; AIG Communications, Danladi Mshelbelwa; CEO, IHS Nigeria, Rajiv Jaitly; Executive Director, Jimoh Umoru and the Executive Commissioner, Technical Services (NCC), Mr. Ubale Maska, during a one day police workshop in partnership with IHS on protection of base Transceiver stations in Nigeria, at the International Peace Keeping Training Centre,

L-R: General Manager, Marketing, MultiChoice Nigeria, Martin Mabutho; Overrall winner, Damilola Ojuri and the Managing Director, MultiChoice, John Ugbe, during the MultiChoice staff edition of MtvBase Lip Sinc battle Africa, at MultiChoice office, in Lagos….recently K OLA OLASUPO

L-R: Co-Chairman, 2016 World Malaria Day, Dr. Uzodinma Adirije; Prof. Dr. Opada Balami; representing Minister of Health, Mrs. Ifeoma Anagbogu representing the Permanent Secretary, and the Marketing Manager, Mortein, Mrs. Bamigbaiye-Elatuyi Omotola, during a walk in Commemoration of the 2016 world malaria day, in Abuja……

T H I S D AY • TUESDAY, MAY 3, 2016

BUSINESSWORLD REPORT PREDICTS LONG-TERM CRUDE OIL SHORTFALL

Mackenzie, Andrew Latham was also quoted as saying that exploration results had started declining even before oil prices started to collapse in 2015. He reportedly argued that supply growth in the medium term will continue, meanwhile, as oil discoveries made last decade come into production. “However, the shift in the industry’s focus towards exploring smaller near-field opportunities with lower cost bases and shorter lead times, now means that fewer large, high risk frontier finds are likely to be made in the near term,” he added. Wood Mackenzie estimates that over 10 per of global liquids supply by 2035 will be sourced from conventional volumes that are yet to be discovered - Africa, Latin America and North America will account for around 60 per cent of those volumes. FG UNVEILS PROGRAMME TO GENERATE 36,000 JOBS

or registration on the online portal which stood at 40,000 by 300 percent over the six week period. He said: “We have come to the realisation that Nigerian youths have enormous entrepreneurial appetite waiting to be unleashed on the nation’s economy in a positive sense.” Olagunju added that the completed applications received from the six geopolitical zones were very amazing with the South West leading by 29 percent, closely followed by the North East 23 percent, North Central 16 percent, South South, 13 percent, North West 12 percent and South East 7 percent.He said: “Our training facilitators and consultants on the programme are among the best the country can offer. They include the Pan Atlantic University-Enterprise Development Centre, the Kaduna Business School, LEAP Africa, Empretec Foundation, Fate Foundation, African Community Bridge Foundation, After School Graduate Development Centre and Growing Business Foundation

Group Business Editor

Chika Amanze-Nwachuku Maritime Editor

John Iwori

AgriBusiness/Industry Editor

Crusoe Osagie

Comms/e-Business Editor

Emma Okonji

Capital Market Editor

Goddy Egene

Senior Correspondent

Raheem Akingbolu (Advertising) Correspondents

Chinedu Eze (Aviation) Linda Eroke (Labour) Eromosele Abiodun (Cap Mkt) Ejiofor Alike (Energy) James Emejo (Nation’s Capital) Obinna Chima (Money Mkt) Reporters

Nume Ekeghe (Money Market) Nosa Alekhuogie (AgriBusiness)

NEWS

Ogbeh Gives Marching Order to Agricultural Agencies Guinea donates hybrid seeds to boost Nigeria’s agriculture Crusoe Osagie The Minister of Agriculture and Rural Development, Chief Audu Ogbeh, has directed all Heads of Agencies under his supervision to settle down quickly and work to ensure that activities in the agricultural sector commence fully immediately the budget is released. The minister stated this on weekend at an interactive meeting he held with the heads of all agencies under the agriculture ministry in Abuja. Ogbeh stated the resolve of the ministry to make research institutes and colleges of agriculture centres of excellence by enhancing their capacities to enable them deliver. He said, “research is not good if nobody knows about it”, adding the need to market research findings both in Nigeria and Africa. The minister said agriculture related issues have been left behind 40 years ago and this has weakened the capacity of the Nigerian market to compete in the world market. He promised to use the research institutes to move life to the rural areas. Ogbeh reminded them that the destiny of Nigeria is in their hands , saying, “ Nigeria relies on you to lift the country out of our disastrous situation”. He however promised to address all the challenges being faced by the institutes and colleges but advised them to keep politics away from research. In his remarks at the meeting, the Minister of State for Agriculture and Rural Development, Senator Heineken Lokpobiri, also urged the research institutes to model their curriculum towards solving problems. Lokpobiri asked the research institutes not to see themselves

as members of the academic society but as scientists. He said: “As heads of agencies, you are expected to think and find solutions to problems.” Earlier in his statement, the Executive Secretary, Agricultural Research Council of Nigeria (ARCN), Prof. Yusuf Abubakar, said with the commitment of President Muhammadu Buhari and the two ministers, the agricultural sector would move forward. He emphasised the need for the ministry to address the challenges facing ARCN, Research Institutes and Colleges of agriculture to reposition them for good service delivery. Meanwhile, the federal government’s determination to diversify its mono-product economy from crude oil to

agriculture and other sectors received a boost, with the Republic of Guinea donating twelve (12) high yielding varieties of rice seeds to Nigeria to increase rice production in the country. The donation was presented to the ministry on behalf of the government of the Republic of Guinea by the Charge de Affairs of Nigeria to the Republic of Guinea, Ambassador Jerry Hassan. The Ambassador explained that his decision to solicit for these varieties of rice seeds from the Republic of Guinea was informed by the commitment of the Present Administration to diversify the economy from oil to other sectors, particularly Agriculture. He further explained that these varieties of rice seeds which are high yielding could

be cultivated three times in a year and would boost rice production in Nigeria. The Desk Officer, Rice Value Chain, Dr. Victor Onyeneke, who received the donation on behalf of the Ministry expressed appreciation to the Government of the Republic of Guinea and affirmed that the high yielding varieties of rice seeds would reduce the cost of production for rice farmers with an increase in yield. Dr. Onyeneke stated that the kind gesture from the Republic of Guinea was not only for the Ministry but for the entire country as it would go a long way in increasing food production and improving livelihoods. He explained that these varieties of rice seeds would be handed over to relevant agencies of the Ministry namely;

the Agricultural Quarantine Services; National Agricultural Seed Council and National Cereal Research Institute for analysis and confirmation. In his remarks, the representative of the Minister of Foreign Affairs, the Director (West Africa), Foreign Affairs, Mr. Adesina Foluso, lauded the Government of the Republic of Guinea for the kind gesture extended to the country and called for more collaboration with other counties in the world for mutual benefits. The representative of the National Quarantine Service, Mr. Obuseh Martin said the rice seeds varieties would be subjected to analysis, with the assurance that, if confirmed that the seeds would thrive on Nigeria’s soil it would be beneficial to the country.

BUSINESS LUNCHEON

L-R: House of Representatives member for Ahoada/Abua Odual Constituency, Mrs. Betty Apiafi; Port Harcourt Chamber of Commerce, Industry, Mines & Agriculture (PHCCIMA), Publicity Secretary, Oluwatoyin Alabi; PHCCIMA President, Dr. Emi Membere-Otaji; representative of Dep. Gov. of Rivers State, Dr. Ipalibo Harry Banigo and guest speaker, Folusho Phillips, during the Port Harcourt Chamber of Commerce Business Luncheon…recently

Funmi Omitowoju’s Lawyers Chevron Records First Quarter Loss of $725m Refute Claims By Sterling Bank of the company, Mr. John explained. “We continue to Ejiofor Alike Plc Watson acknowledged that the lower our cost structure with Lawyers representing Funmi Omitowoju have refuted claims made against her concerning a purported criminal matter contained in a wanted notice by the Police in This Day of 29th April 2016. The lawyers, said in a statement that Omitowoju has over time refrained from responding to such previous print and online publications against her person (ostensibly at the behest of Sterling Bank Plc), particularly as the dispute between the Bank and her is presently the subject matter of litigation in the Lagos State High Court – Suit No. LD/058/ CMW/2015 before Honourable Justice B. A. Oke-Lawal. They further informed that Omitowoju had filed a Defence to the Bank’s claims against her, as well as a Counter-Claim in which she is seeking substantial damages against Sterling Bank for libel and the unwarranted attempt to tarnish her hard

earned image and reputation. Furthermore, the lawyers said: “It is pertinent to add that the court case (which last came up on Thursday 28th April 2016) presently now stands adjourned to Wednesday 15th June 2016 for further hearing to give the Bank time within which to file its defence to our client’s Counter-Claim.” They added that Omitowoju was “baffled as well as shocked by the mischievous and distasteful publication in spite of her having voluntarily visited the Nigeria Police Force’s Zone 2 Command where, after an amiable interview, she submitted documents to aid its ongoing investigations and also informed the Command of the pendency of the suit in the Lagos State High Court.” They thanked all those who had made sympathetic calls to her, saying that ‘the truth will be known in due course.

The slump in the prices of crude oil has continued to take its tolls on companies’ financial results as Chevron Corporation at the weekend reported a loss of $725 million for first quarter 2016, compared with earnings of $2.6 billion in the 2015 first quarter. Though the company reported production increases from project ramp-ups in the United States, Nigeria and other areas, it added that these increases were offset by what it called the Partitioned Zone shut-in and normal field declines. However, foreign currency effects decreased earnings in the 2016 quarter by $319 million, compared with an increase of $580 million a year earlier. According to the company’s results, sales and other operating revenues in first quarter 2016 were $23 billion, compared to $32 billion in the year-ago period. Chairman and Chief Executive Officer

company’s first quarter results declined from a year ago. “Our Upstream business was impacted by a more than 35 percent decline in crude oil prices. Our Downstream operations continued to perform well, although overall industry conditions and margins this quarter were weaker than a year ago,” Watson added. “Our efforts are focused on improving free cash flow. We are controlling our spend and getting key projects under construction online, which will boost revenues. We announced first LNG production and first cargo shipment from Train 1 at the Gorgon Project in March. Production from the Angola LNG plant is imminent and a cargo shipment is expected in May. Earlier in the year, we started up production at the Chuandongbei Project in China, and we continue to ramp up production in the Permian Basin and elsewhere,” Watson

better pricing, work flow efficiencies and matching our organizational size to expected future activity levels,” Watson added. “Our capital spending is coming down. We are moving our focus to high-return, shorter-cycle projects and pacing longer-cycle investments,” he added. Worldwide net oilequivalent production was 2.67 million barrels per day in first quarter 2016, compared with 2.68 million barrels per day in the 2015 first quarter. According to Chevron, production increases from project ramp-ups in the United States, Nigeria and other areas, and production entitlement effects in several locations, were offset by the Partitioned Zone shut-in and normal field declines. The results showed that the US upstream operations incurred a loss of $850 million in first quarter 2016 compared to a loss of $460 million from a year earlier.

10/COVER

03.05.2016

‘THE SCOPE OF THE ICC JURISDICTION REACHES BEYOND ANY NATIONAL OR REGIONAL BOUNDARY’ collective interest to see a return on this investment. States are the enforcement arm without which the Court cannot properly function. The Court was established, among others, to try persons accused of mass crimes in situations where their own national jurisdictions are neither willing nor genuinely able to do so, for example, because of the powerful positions they occupy. It is only normal for an institution that challenges the existing status quo to face challenges of its own. But that should not mean that the ICC’s mandate should not be pursued. The Court’s founding treaty, the Rome Statute is very clear: no one is above the law. It is not fair to criticise the Court as ineffective simply because certain individuals who are believed to be criminally responsible are difficult to investigate and prosecute because of their positions of influence. The difficulties are there because those who commit the crimes and against whom the Court has evidence - often heads of militia or heads of state - are protected; militias by the army; heads of state by the state apparatus. The international community is yet to devise strategies for dealing with this new type of challenge. Generally, the rationale behind granting immunity to government officials under international law is to enable them to fulfil legitimate state functions/ affairs of the state. Certainly committing mass crimes of genocide, crimes against humanity and war crimes cannot be considered as legitimate state function. And hence those who are alleged to have committed such crimes should not be shielded from due investigation and where warranted, prosecution. Since inception, the ICC’s concentrated efforts to curb impunity have been observed mainly in African countries, giving the impression that it is targeting African political leaders as they leave office. What is the ICC’s response to this accusation? These accusations of selective enforcement of the Court’s jurisdiction are not only misplaced but fail to take relevant facts into account. The Court’s mandate is clear; to investigate and prosecute genocide, crimes against humanity and war crimes committed on the territory of State Parties or by nationals of State Parties. There is no doubt that in all cases and situations currently before the Court serious crimes which fall under ICC jurisdiction have allegedly been committed. There are more than five (5) million African victims displaced, more than 40.000 African victims killed, hundreds of thousands of African children transformed into killers and rapists, thousands of African women and girls raped and the alleged perpetrators, based on evidence collected during the course of our investigations, are also African. It is also worth noting that 80% of United Nations Peace keeping Missions are in Africa and it is in these situations that crimes are committed. The focus of discussions should not be about a few individuals who seek to be shielded from the law, but should instead be shifted to the thousands of victims of crimes committed by these individuals. Political considerations have no place in the determination of what situations merit the ICC’s attention if jurisdiction is established. The Office bases its decisions solely on the law and the evidence emerging from its investigations without fear or favour. Geographical balance is never part of decision-making, and, short of universal ratification of the Rome Statute, the Office’s capabilities are inherently limited by the Court’s jurisdiction as defined by its founding treaty. African institutions and African people are largely responsible for building the system of international justice designed by the Rome Statute of the International Criminal Court. African states have played and continue to play a critical role in the evolution of the ICC. Many of the situations were opened in African states as a result of those very states specifically asking the Court to exercise its jurisdiction in their respective countries: this is true for the Central African Republic, (on two separate occasions), Mali, Democratic Republic of the Congo, Uganda, and Cote d’Ivoire. The self-referral of Mali and the second self-referral by Central African Republic in May 2014 are yet more recent examples of how African states ultimately value the ICC and engage with it to address mass crimes. The other two cases, Libya and Darfur, were referrals by the UN Security Council and it is only with respect to Kenya that investigations were opened proprio motu (after Kenya failed to investigate and prosecute those responsible for the crimes arising from the Post-Election Violence (PEV) in that country. This investigation was only opened after Kenya was given ample opportunity to do so investigate and prosecute.

"NOT ONLY HAS THE AFRICAN CONTINENT AND INDIVIDUAL AFRICAN STATES BEEN INSTRUMENTAL IN THE CREATION AND FUNCTIONING OF THE ICC, AFRICAN STATES CONTINUE TO PROVIDE THE CRITICAL SUPPORT AND COOPERATION FOR ICC OPERATIONS INCLUDING PROTECTION OF VICTIMS AND WITNESSES" It is also worth noting that the Office is working outside Africa as well. The judges have recently authorised the Prosecutor’s to open an investigation in Georgia. In addition, the Office is also conducting preliminary examinations in countries outside Africa including in Palestine, Afghanistan, Colombia, Ukraine and Iraq. The ICC is a permanent, independent judicial institution: it operates in strict conformity with the Rome Statute legal framework it has jurisdiction. The Prosecutor is duty bound to open investigations in accordance with the Rome Statute whether in Africa or anywhere else if atrocity crimes are committed and all jurisdictional requirements are met. The victims of atrocity crimes deserve genuine, independent and impartial justice, whether at the national level, or that failing, at the ICC. The charge, therefore, that the ICC has a bias against or is targeting Africa is utterly false and not backed by the facts. Respect for the rule of law is key to seeing Africa achieve greater security and prosperity in this new century. Many prominent nations and notably America and the United Kingdom are not signatories to the ICC Protocol. How does the court deal with reported cases from such countries? The United Kingdom is a State Party to the ICC. In fact ICC jurisdiction in the preliminary examination of the Iraq case is based on the UK’s status as a State Party to the Rome Statute. In general, the Office does not have jurisdiction over alleged crimes committed by nationals of or on the territory of a non-State Party to the ICC. However, there are three ways in which the Office can investigate alleged crimes attributed to nationals of non-State Parties: First if the United Nations Security Council refers the situation to the ICC under Chapter 7 of the UN Charter as it did with the situations in Darfur and Libya; secondly, if nationals of a non-State Party commit crimes on the territory of a State Party, then the ICC would have jurisdiction. The Office is impartially examining all allegations of war crimes committed in Afghanistan, by any party to the conflict, including international forces and the US which is a not a State Party to the ICC and finally, if the non-State Party accepts the jurisdiction of the ICC under Article 12(3) of the Rome Statute as Ukraine has done. Joining an international treaty is a voluntary sovereign prerogative of a State. The Office remains hopeful that all States that have not yet done so, will soon join the ever increasing family of Rome Statute State Parties. Can you confirm a claim by a United Kingdom based non-profit organisation, the Islamic human rights Commission IHRC, that it submitted a petition to the Office of the Prosecutor (OTP) in respect of the killing of some members of the Islamic Movement of Nigeria in Zaria last year? Has any step been taken with respect to this petition? Any person or organisation can send information

CONTINUED FROM PAGE 9

on alleged war crimes, crimes against humanity or genocide to the Office. Unless the sender of such information goes public him or herself the Office keeps such petitions - or “communications” as we call it - confidential. In the case you mentioned, the IHRC has published the communication so I can confirm that the Office has indeed received it, but will not comment further on the content. This communication - as any other communication the Office receives - will be examined against the legal criteria set out in the Rome Statute. If it appears the alleged crimes fall under the jurisdiction of the ICC the Office will include this incident in the ongoing preliminary examination of the situation in Nigeria and assess whether other legal criteria are met. It is my understanding that a public inquiry into this incident by relevant Nigerian authorities is on-going. In the OTP’s last report of its investigation into a petition accusing both the Nigerian military and the Boko Haram insurgents of committing war crimes, the OTP concluded that both the military and the insurgents have committed war crimes. What is the next step the OTP will take now having made this accusation? Let me first clarify that no investigations have been opened in Nigeria yet. The Office is still at a preliminary examination stage, the purpose of which is to determine whether legal criteria for opening investigations are met in Nigeria. Following a thorough examination and analysis of information received to date, Prosecutor has come to the conclusion that there is “a reasonable basis to believe” that both Boko Haram and Nigerian Security forces have committed crimes in the course of their conflict. The next step is to determine whether these crimes are being investigated or prosecuted by the national authorities. The ICC is a court of last resort. Only when national authorities fail to investigate or prosecute these crimes can the ICC intervene. In accordance with its policy of positive complementarity, the Office will continue to encourage Nigeria to investigate and prosecute these crimes. The OTP has also investigated the issue of whether Nigeria is prosecuting cases of those arrested for various offences in connection with the war against Boko Haram insurgency. Has this investigation been concluded? If they have what are its findings? Let me again stress that to date OTP has not yet investigated any crimes in Nigeria. The reason for the current visit to Nigeria (the first since the current Government took over) is to engage with the Government for purposes of advancing the Prosecutor’s assessment of what next steps, if any should be taken. The Minister of Justice and Attorney General of the Federation have assured the Prosecutor of his support and cooperation with the preliminary examination process in Nigeria. He also stressed that Nigeria retains the sovereign capacity to investigate and punish the alleged crimes identified by the Office. Close collaboration on a technical level to follow-up on these national investigations will hopefully facilitate timely determination of whether or not such crimes need to be investigated by the ICC. Shortly before the 2015 general election, the OTP sent in representatives to Nigeria to warn Nigerian politicians about committing electoral crimes. As it turned out, people were killed during the election and people are still being killed in respect of the re-run elections ordered by the courts particularly in Rivers State, South-South Nigeria. Where do such crimes fit into the OTP’s jurisdiction? It is first and foremost the responsibility of Nigeria to prevent such violence and to hold any perpetrator to account. As the Prosecutor

stressed just before the elections anyone alleged to be committing ICC crimes could be held individually accountable. This holds true with respect to crimes allegedly committed during the 2015 elections, any State elections or indeed any crime that may constitute a war crime, crime against humanity or act of genocide. While the Office received communications alleging public incitements or threats from various sources, a careful and thorough analysis of that information has not established that crimes that fall within ICC jurisdiction were committed during the period leading up to and after the 2015 elections. The ICC began investigations in Kenya into the responsibility for the 2007–2008 postelection violence in Kenya and subsequently, prosecuted Kenyan President Uhuru Kenyatta. Following his trial all charges were dropped against him. Can you clarify the reasons for withdrawing the allegations? On 5 December 2014, the Prosecutor withdrew the charges against Mr. Kenyatta after carefully considering all the evidence available to the OTP at that time. The decision was based on the specific facts of the case, not on any other consideration. As always the Prosecutor’s actions and decisions were guided by the law and the available evidence. The Prosecutor withdrew the case without prejudice to the possibility of bringing a new case, should additional evidence become available. In other words, the withdrawal of the charges against Mr. Kenyatta does not mean that the case has been permanently terminated. Mr. Kenyatta has not been acquitted, and the case can be reopened, or brought in a different form, if new evidence establishing the crimes and his responsibility for them becomes available. This was a painful moment for the Kenyan men, women and children who suffered tremendously from the horrors of the Kenya post-election violence. Unfortunately, despite Prosecutor’s persistent efforts to advance the course of justice in Kenya, those who have sought to obstruct the path of justice have, for now, deprived the people of Kenya of the accountability they deserve. The severe challenges the Office faced in the investigation of Mr. Kenyatta include the fact that: • several people who may have provided important evidence regarding Mr. Kenyatta's actions, have died, while others were too terrified to testify for the Prosecution; • key witnesses who provided evidence in this case later withdrew or changed their accounts, in particular, witnesses who subsequently alleged that they had lied to the Prosecution about having been personally present at crucial meetings, and • the Kenyan Government's non-compliance as confirmed by the Judges, compromised the Prosecution's ability to thoroughly investigate the charges. The Prosecutor withdrew the charges against Mr Kenyatta because she did not believe it possible at this time, to collect evidence that would meet the required standards for prosecuting the alleged crimes. The Office continues to receive and consider information which may shed light on those who are responsible for the 2007-2008 post-election violence, and will assess what further steps it can realistically and meaningfully take in the future. You were the keynote speaker at the NBA African Bar leaders’ Conference. What role can African Bar Associations play in advancing international criminal justice in Africa? The silence of African legal practitioners when justice is under attack is not helpful. One wonders what could be more noble for Members of this profession than to fight to end impunity and to bring about justice for millions of African victims? African legal practitioners and academics can play a crucial role in advancing international criminal justice in Africa in many ways: - First, they can ensure a better understanding of ICC legal framework and the Court’s mandate and thus dispel misconceptions and wrong information about the Court; - They can also organise trainings and seminars, bringing the profession together, to share best practices and experiences, in order to strengthen the national and regional capacity to deal with crimes; - Bar Associations can also contribute to the ICC List of Counsel, by providing African legal practitioners as potential counsel for the Defence and Victims at the Court, ensuring the participation and representation of African legal expertise at the Court; - The Bar Associations can also circulate ICC recruitment postings to their members. - The Office of the Prosecutor is committed to fully engaging and cooperating with African legal practitioners in combating impunity by anyone, irrespective of status, and ensuring that African victims receive the justice they deserve.

03.05.2016

/11

Emerging Legal and Policy Reforms in the Petroleum Sector in Nigeria: Prosecution and Recovery of Corruption Proceeds in Nigeria Godwin Obla

N Introduction

igeria, a member of the Organisation of the Petroleum Exporting Countries, OPEC holds the world’s seventh and tenth largest reserves of natural gas and crude oil respectively. Nigeria’s offshore oilfields are part of the giant Atlantic petroleum provinces (which extend from Angola through Gabon and Ghana to Guinea) and which have attracted significant interest from major International Oil Companies, IOCs as well as National Oil Companies, NOCs. In 2008, Nigeria was the fifth-largest supplier of crude oil to the United States. An obvious consequence of the discovery of Nigeria’s vast oil and gas holdings in 1956 was the rapid establishment and development of a vibrant, commercially-viable petroleum sector characterised by massive influx of foreign investment and rapid expansion. The Federal Government of Nigeria therefore established the Nigerian National Oil Corporation (NNOC) in May of 1971 to secure and gain more control over Nigeria’s oil industry, in what many commentators described as a “nationalisation” of the industry. The Government of Nigeria subsequently established the Nigerian National Petroleum Corporation (NNPC) on April 1, 1977 as a merger of the Nigerian National Oil Corporation and the Federal Ministry of Mines and Steel. NNPC by law superintends over the oil industry (including the grant of drilling licenses), manages the joint venture between the Nigerian Federal Government and a number of foreign multinational corporations, which include Royal Dutch Shell, Agip, ExxonMobil, Chevron, and Texaco (now merged with Chevron) in the area of petroleum exploration and production and also carries out several commercial enterprises for the purpose of earning revenue for Nigeria from the sale & exportation of crude oil and allied products. For some time now, the Nigerian NNPC, the agency responsible for the country’s crude oil production, refining and distribution, has been under intense scrutiny from industry watchers and commentators. The reason is not unconnected to allegations of corruption and gross mismanagement in both its upstream and downstream sectors. The NNPC was generally viewed as the engine room of illegal deals, culminating in the non-remission of revenues from oil sale to the federation account and the sharing of proceeds from such deals by top management of the corporation, in connivance with some government officials. Only recently, the office of the Auditor-General of the Federation published an Audit Report for 2014 wherein it accused the NNPC of not remitting a total of N 3.3. Trillion to the Federation account. These sundry allegations were at the heart of calls by anti-corruption groups, energy experts and Nigerians in general for an entire overhaul of the NNPC structure. According to proponents of reforms in the sector, such an overhaul will ensure greater probity, transparency and accountability in the oil sector, and will dispense with the opacity of transactions undertaken by the Corporation in times past. Some of the early administrative adjustments, undertaken by the current administration which, it could be argued, take the form of early policy reforms, include the pruning of the number of Group Executive Directors from eight to four, with several top management officers redeployed or retired; the cancellation of contracts for crude oil deliveries and the termination of the Offshore Processing Agreement entered into in January, 2015 with three companies. Analysts however, have argued that a mere tokenistic reorganisation of the Corporation will not address the fundamental challenges in the petroleum sector. The reforms must necessarily go beyond administrative shakeups in the NNPC or other such ‘cosmetic changes’. It is further argued that the Corporation as presently constituted is not structured to succeed commercially, as it combines the role of policy maker, regulator, tax collector and operator. These analysts further posit that the

lack of commercial focus led to the inefficiency in NNPC operations and created the atmosphere for corruption to thrive. It would seem that the Petroleum Industry Bill (PIB), now styled as the “Petroleum Industry Governance Bill (PIGB)”, currently before the National Assembly, tackles some of the more fundamental issues within the sector that make it easier for corruption to thrive. For example, the PIB in its current form seeks to achieve the following:The Bill will only deal with selected issues. The earlier drafts of the Petroleum Industry Bill sought to address a wide range of industry issues – institutional reform, upstream, downstream and gas administration, upstream fiscal matters and revenue management matters. It now appears that the government has accepted that this approach has contributed to the delays in the passage of the industry reforms. The new Petroleum Industry Governance Bill (“PIGB”), will be the first of a number of bills addressing different aspects of the industry reforms. The PIGB will focus on the key governing institutions in Nigeria’s oil and gas industry. Separating the roles of the government in the oil and gas industry. Under the current regime, there is no clear separation of government roles in the oil and gas industry leading to potential conflicts of interest and thus ramping up the potential for fraud and criminal activity within the sector. It is expected that the new Bill would identify the key government roles of policy, regulatory and commercial and place those functions within specific entities. Clarifying the role of the Minister. The PIGB is likely to reduce the regulatory and commercial roles the Minister of Petroleum Resources has hitherto played in the oil and gas industry. The Minister will emerge as the driver of government policy in the sector as opposed to being an active participant in commercial transactions- a position that puts the Minister at a vantage position to extract personal benefits from the sector. A new & independent regulatory institution. The current industry regulator, the Department of Petroleum Resources (“DPR”) sits within the Ministry of Petroleum Resources. The Bill is expected to create a new regulatory commission, fashioned after Nigeria’s electricity and communications commissions and merge the functions of the DPR and the Petroleum Products and Pricing Regulatory Agency (“PPPRA”). The new commission should have independence from government to allow its decisions to be taken with limited political influence as well as independence from regulated entities. Unbundling of NNPC. Unlike the restructuring exercise recently carried out by the Honorable Minister of State for Petroleum, Dr. Ibe Kachikwu, the PIGB is expected to break up the NNPC with the emergence of at least two limited liability companies to absorb the assets and liabilities of the Corporation i.e Nigeria Petroleum Assets Management Company and the National Oil Company respectively. For a proper understanding of all issues relating to the potential for corruption within the petroleum sector however (especially as it relates to the operations of the NNPC) it is imperative to situate the impact of these legal or policy reforms within the context of the commercial transactions routinely executed by the NNPC and the possible infractions that arise therefrom. NNPC as a Commercial Entity- Transactions and Activities The NNPC, as Nigeria’s single largest major player in the oil sector and acting as the interface between the Government and Oil Companies, carries out a considerable number of activities under its Upstream and Downstream sectors, including the following: • Oil Production & Grant of Oil Prospecting Licences (OPL) and Oil Mining Licences (OML) to IOCs and indigenous entities for oil and allied minerals production, sale and export • Gas Production- Including the exploration and production of natural Gas • Oil Exploration & Grant of licences for Oil Exploration (OEPs) • Sale and distribution of Crude Oil obtained from exploration and production activities- Including the use of Joint Ventures, Offshore Processing Agreements (OPAs), Oil Swap Deals, Direct Sale-Direct Purchase (DSDP) etc. • Drilling Consulting Services rendered to the

Federal Government and IOCs • Gas Exploration, Production and Distribution Services • Gas Line Installation Services • Gas Line Testing Services • Production, sale and distribution of Gas Oils • Gas Pipeline Construction • Gas Rights Licensing Services • Gas Supply Services • Gas Wholesale • Oil and Gas Leasing Services • Oil and Gas Well Services Indeed, the scope of activities of the NNPC is so wide as to potentially accommodate any imaginable kind of business. The wording of Section 6 of the NNPC (Establishment) Act Cap. N123 LFN 2004 makes this clear when it states that “(1) The Corporation shall have powers to do anything which in its opinion is calculated to facilitate the carrying out of its duties under this Act….” However, some of the transactions in the oil sector which have proven particularly prone to allegations of corruption, fraud and mismanagement are discussed as follows: Award of Licences It is instructive to note that the grant of OELs, OMLs and OPLs is within the strict competences of the Federal Government, acting through the Ministry of Petroleum and the Petroleum Inspectorate of the NNPC. The legal framework for this arrangement is provided below:- Section 44(3) of the Constitution of the Federal Republic of Nigeria 1999 provides: “Notwithstanding the foregoing provisions of this section, the entire property in and control of all minerals, mineral oils and natural gas in, under or upon any land in Nigeria, or in, under or upon the territorial waters and the Exclusive Economic Zone of Nigeria shall vest in the Government of the Federation and shall be managed in such manner as may be prescribed by the National Assembly”. - Section 1 of the Land Use Act, 1978 also provides as follows:- “subject to the provisions of this Act, all land comprised in the territory of each state in the federation are hereby vested in the Governor of that State and such land shall be held in trust and administered for the use and common benefit of all Nigerians in accordance with the provisions of this Act” (3) Petroleum Act, 1969, Section 1 Schedule 1 states thus:- “(a) The entire ownership and control of all petroleum in, under or upon any lands to which this section applies shall be vested in the state. This section applies to all land (including land covered by water) which (a) is in Nigeria, or (b) is under the territorial waters of Nigeria, or (c) forms part of the continental shelf.” - Petroleum (Drilling and Production) Regulations 1969 section 1(1) states:“Every application for an oil exploration licence, oil prospecting licence or oil mining lease shall be made to the Minister in writing on the appropriate form as set out in the schedule to these regulations” - Section 10(2)(a) of the NNPC (Establishment) Act provides: “The Minister may delegate to the alternate chairman (where one is appointed0 or the chief executive of the Inspectorate such of the powers conferred upon him under the Oil Pipelines Act, the Petroleum Act or any other enactment as he may deem necessary and in particular, but without prejudice to the generality of the foregoing, responsibility for the following matters, that is(a) Issuing permits and licences for all activities connected with petroleum exploration and exploitation and the refining, storage, marketing, transportation and distribution thereof;” For the sake of brevity, I have succinctly itemised the problems with the almost unfettered power of the Minister of Petroleum (working in concert with the NNPC) in the area of grant of licences for prospecting, exploration and mining of oil , and the award of related contracts as follows: - The Minister’s discretion in the award of licence under the Petroleum Act, 1969 does not give room for transparent competitive or bidding system as required by the Public Procurement Act 2007 and

Dr. Ibe Kachikwu

Global best practices. - Long history of secrecy, favouritism, cronyism, and neglect of national interest in the award of these licences. Often, political allies, friends and family members are routinely awarded licences as a form of recompense for support or loyalty. One of the notable examples of this is the controversy surrounding OPL 245, now known in common parlance as the “Malabu Affair”, where allegations have been made against a former Minister of Petroleum under the Sani Abacha regime, accusing him of conflicting himself in the award of the OPL to Malabu. - In breach of the Public Procurement Act, before the prequalification process “local content vehicles” are only invited to participate, especially after “first rights of refusal”. Thus, after “forced marriages”, uneven enforcement of payment deadlines and term renegotiation, there is no enforcement of downstream commitments. - The discretion of the Presidency trumps due process throughout. - Majority of costs associated with NNPC’s activities are contracted out and overlooked by the transparency movement. - NNPC is closely involved in these contracting processes through low approval thresholds - Several procedures and processes are contrived to occasion delay in the process of securing these licences, ensuring that corruption creeps in. - An example of an entity taking advantage of the corruption in this process is the alleged bribe of $180 million paid by the “Halliburton Companies” to secure a $6 billion contract in Bonny Island NLNG. The legal team set up by the Federal Government to prosecute the offending foreign entities (which I had the privilege to be part of), ensured that the said entities paid fines in excess of $ 200 million dollars to the Federal Government of Nigeria for abusing the oil contracts process. - There are also widespread allegations that Wilbros paid $6 million as bribes to secure pipeline construction business in Nigeria. - Corruption can take several forms bribery, favouring companies in which NNPC or government officials have a stake or giving preference to companies of their allies, etc. - There are no strong and independent regulatory institutions that are free from political interference in Nigeria. - Most EFCC and ICPC investigations into the shady or illegal award of these licences are hampered, especially when it affects senior government officials and their lies. - Over-invoicing, tax evasion and all sorts of corrupt practices surrounding the Nigerian government’s participation in the oil and gas industry. Oil Production, Sale and Distribution: - Production Sharing Agreement/Contracts: This references an arrangement between a foreign oil company (contractor) and a designated state enterprise (in this case the NNPC) typically authorising the contractor to conduct petroleum exploration and exploration in accordance with terms of the agreement. These contracts are governed by the Deep Offshore and Inland Basin Production Sharing Contracts Decree No 9 1999 Act. Cap. D3. LFN 2004. The Production Sharing Contract (PSC) was widely introduced in 1993 to address some of the issues

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03.05.2016

THE LIGHTER SIDE/13

LEGAL HUMOUR

We Hold Your Brief JUDE IGBANOI jude.igbanoi@thisdaylive.com

Dear Counsel, It has become necessary to write to you to inquire about this important issue. My neighbour, a recently retired school teacher has been running a poultry at the back of his house. Apart from the noise that the chickens make, there is a very offensive odour coming from the poultry farm which we have been enduring for almost a year now. I got worried when I started seeing some market women purchasing the chickens last week and when I discussed it with my other neighbours; someone mentioned to our surprise that he had never seen any veterinarian visit the poultry farm and therefore no one is sure about the health of the chickens. I had to persuade my wife to return the chicken she bought from the poultry farm. We all started wondering whether there are any laws or regulations guiding poultry farms and because we are not sure of this, none of us has been able to approach my neighbour regarding the issue. What should we do in this situation? N.O., Ogolonto, Ikorodu, Lagos State. Dear N.O., It is absolutely necessary to ensure that your health and that of your family is protected all times. The situation you are currently faced with would most

likely endanger your health if steps are not taken immediately to ensure that your neighbour complies with all regulations with regard to keeping and operating the poultry. The Animal Diseases (Control) Act, Laws of the Federation, 2004 provides for the control of hatcheries and poultry farms. Section 18(1) of the Act says ‘Any person who establishes or intends to establish a hatchery or a poultry farm of up to 250 birds shall be required to obtain a license for its establishment from the Chief Veterinary Officer of the State in which the hatchery or farm is situate. (2) All existing hatcheries and poultry farms of up to 250 birds shall be required to be registered within six months of the coming into effect of this Act. (3) The owner of a hatchery or poultry farm shall manage and maintain such hatchery and poultry farm in a reasonable hygienic condition and comply with all vaccination measures in force in the State so as to prevent the outbreak and spread of disease.’ Although you did not state the size of the poultry, it is clearly unlawful to operate poultry without the necessary license and approval from the right authority. You are therefore advised to draw the attention of the poultry owner to these demands and ensure that he complies with them be getting the Chief Veterinary Officer of Lagos State to come and inspect the place and ensure compliance. Anything outside of this is a violation of the law and it attracts sanctions.

Court Shorts 1. Woman: Your Honour, the accident was unavoidable. I had to run into the fence to keep from hitting the cow. Judge: Was it a Jersey Cow? Woman: I don't know. I didn't see any license plates. 2. Child: Mom, what is Optimists? Mom: A doctor who examines your eyes is called optimists. Child: What about an executive, mom? Mom: An executive is a man who put murderers to death. 3. Client: I'll give you RM300 to do my worrying for me. Lawyer: Fine. Where's the three hundreds? Client: That will be your first worry. 4. Policeman: Why are you driving so fast? Motorist: Because there aren't any brakes on the car and I want to get home before I have an accident. Policeman: You're under arrest for speeding. Motorist: I wasn't speeding, officer, but I passed a couple of fellows who were.

EMERGING LEGAL AND POLICY REFORMS IN THE PETROLEUM SECTOR IN NIGERIA: CONTINUED FROM PAGE 11 faced by the Joint Operating Agreement (JOA) and also to provide a suitable agreement structure for encouraging foreign investment in offshore acreage. Under these arrangements, the NNPC is the holder of the concession while the IOC is the contractor. In 1993 the NNPC entered into PSCs with eight IOCs and Nigeria is believed to have attracted much needed additional foreign investment as a result. These new PSCs attracted IOCs due to their favourable fiscal and legal regimes, as IOCs were given a higher profit share for the more marginal and high risk projects off shore. In 1993, Nigeria entered into deep water drilling and awarded over 20 oil blocks in the deep water to various IOCs. Nigeria was not very familiar with deep-water drilling and its possible yield. Thus the fiscal terms for deep offshore in Nigeria were unbelievably generous to point of occasioning loss to our national treasury. The PSC had an unbelievable graduated rate of royalty payment dependent on water depth. The rates are as follows: • 205-500 meters water depth: 12% • 501-800 meters water depth: 8% • 801-1,000 meters water depth: 4% • Above 1,000 meters water depth: 0% Considering the fact that these rates regulate deep water drilling, it was not particularly prudent on Nigeria’s part to have based the royalty rates on drilling depth, ignoring indices like production levels, oil prices etc. Even more alarming is the fact that deep offshore reserves are more prolific than land based reserves. The agreement often contain a “stabilisation clause” which restricts the future government’s authority to change existing tax laws or introduce new laws which affect the profitability of the investor. The problem that may arise in connection with these Contracts is the zero-tax regime for drilling in waters with depths of more than 1000 metres. This occasions a huge loss for the country. - Crude Oil Swap Deal: Crude oil swap deals are used to ensure that there is a constant supply of refined petroleum products to meet the energy demand in the country. The Nigerian National Petroleum Corporation (NNPC) has a mandate to supply the country with petroleum products. Hence, it is allocated 445,000 barrels of crude per day to achieve this. However, because the Nigerian refineries run at very low 18-20% capacity, Nigeria usually has about 222,500 barrels of oil left from its allocation of 445,000 barrels per day, necessitating the NNPC to allocate the rest of the crude oil to oil trading companies through a “swap arrangement” which mandates the company to supply Nigeria refined petroleum products in exchange for crude oil. Put differently, it is a euphemism for trade by barter or primitive trading. Crude swaps occur in two forms: a) A trader lifts cargo of NNPC oil for export. Instead of paying cash for the oil, trader brings back refined petroleum products purchased from a 3rd party as in-kind payment. This transaction contractually should occur within 30 days of the date on the oil

cargo’s bill of lading; or b) A foreign refinery lifts, transports and refines cargoes of Nigerian crude, then ships the results back to PPMC. Again, the oil is paid for (mostly) in kind rather than with cash. This should occur within 35days of the date on the oil cargo’s bill of lading. While this arrangement has proved useful as a stopgap measure to ensure stable inflow of petroleum products in Nigeria, there are reports that show that the swap deals are plagued with corrupt practices principally because there is limited or no information available on the swaps. Likely Infractions under the Crude Oil Swap deal: - Lack of transparency in deals. NEITI in its 2009-2011 and 2012 reports had raised an alarm that the nation lost $8 billion due to discrepancy between the value of the crude oil given out and the refined products delivered. Tax Evasion (Criminal Infraction) - Violation of the Petroleum Profit Tax Act. The Federal Inland Revenue Services also disclosed that two of the companies involved in the agreement, AITEO Nigeria Ltd and Ontario Oil Ltd owed over $27m in taxes while Trafigura, a non-resident company which is not registered with FIRS, has never filed any tax claims even as its Representative, James Juslin when questioned on why the company had not paid any tax, claimed that as a firm that contributes to the nation’s foreign reserve, it was not obligated to pay tax. It is no wonder therefore, that earlier this year, the NNPC announced the gradual abolition of the Oil Swap regime and, in its place, introduced a Direct Sale-Direct Purchase (DSDP) system citing the need to “enshrine transparency and eliminate the activities of middlemen in the crude oil exchange for product matrix.” This followed the cancellation of the planned contract for the Offshore Processing Agreement (OPA) for which bids had been submitted and 44 local and international firms had been shortlisted. This alternative allows for the direct sale of crude oil by NNPC as well as direct purchase of petroleum products from credible international refineries. The NNPC explained that it came to this “informed position” after the evaluation exercise of pre-qualified bidders revealed that most of the 44 companies earlier shortlisted for the next stage of the tender process only had affiliations to refineries abroad- a situation which introduces toll on the value chain. The Corporation stated further that if allowed to subsist, the development would in turn constitute a significant value loss to the federation by way of accruals. The above transaction is regularly plagued by infractions such as breach of procedures in acquiring contracts, breach of contractual terms, lifting crude oil without supplying the appropriate petroleum products, bribery and corruption etc. These infractions can be divided into the following: a. Breach of Pre-contractual Procedures b. Breach of contractual terms; and c. Corruption related offence. Breach of Pre-contractual Procedures: The crude oil swap deal

is considered a public procurement and is governed by the provisions of the Public Procurement Act 2007. The procedure involves bidding and the grant of “Certificate of ‘No Objection’ to contract award” from the Bureau of Public Procurement. The breach of the provisions of the Act is considered a criminal infraction. The Act thus provides that any legal person who contravenes the provisions of the Act commits an offence and is liable upon conviction to a cumulative punishment of debarment from all public procurement for a period of not less than 5 years and a fine equivalent to 25% of the value of procurement in issue. The Act also provides for the lifting of the veil of incorporation to hold directors of the company liable upon conviction to a term of not less than 3 years imprisonment without an option of fine. Breach of Contractual Terms: Crude oil swaps are often governed by an underlying agreement giving rise to commercial rights and obligations in a civil realm. The agreement may be skewed in favour of a party that the value of products delivered is significantly lower than the equivalent crude oil allocated for the contract. The breach of any term contained in the agreement is purely civil. Such breaches may include lifting more crude oil or not providing enough PMS as contained in the agreement. Most contractual agreements contain arbitration clauses and are often referred to arbitration in the event of any breach, which is governed, by the Arbitration and Conciliation Act (ACA). In the absence of any arbitration clause in the agreement, a civil suit can remedy such breach. Arguably although breach of contractual terms is civil, it can also be criminal. Imputably, a party under the crude oil swap agreement that fails to deliver the stipulated quantity of petroleum products having lifted crude oil is guilty of obtaining by false pretences. Such a party is therefore liable under the Advance Fee Fraud and Other Related Offences Act upon conviction to an imprisonment of not less than 10years without the option of fine. In the case of a corporate body, upon conviction such a corporate body in addition to restitution or payment of an amount equal to the value of the property where the return of the property is impossible or impracticable, would be wound up and all its assets and properties forfeited to the federal government. The Criminal Code and the Penal Code also provide punishment for the obtaining by false pretences. Corruption Related Offences: Corruption related offences might arise from this transaction such as bribery of public officials for the award of oil swap contacts. Under this infraction, a bribery scheme may result in a skewed agreement. This is a criminal infraction and such an individual upon conviction is guilty of the felony of official corruption and is liable to imprisonment for 7 years. - The Fuel Subsidy Regime The fuel subsidy payment was introduced as a policy into the

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03.05.2016

Occupational Safety and Health Protection of Nigerian Workers: The Legal Perspective Izere Imosemi

heard a rather sad story of some factory workers that lost their lives tragically somewhere at Ikorodu. Apparently, they had been locked in the factory by their foreign supervisors to prevent them from leaving the premises during the night shift. There was a fire outbreak in the premises, and all the workers lost their lives. I was told that majority of the people involved were young men within ages 16 - 35. While I cannot confirm the authenticity of this story as it is largely hearsay, I know someone who lost four fingers of his right hand while working in a factory, and a short while ago, I witnessed a heart wrenching scene of a construction worker who collapsed under the weight of the building he was demolishing! More recently, the story of the collapsed “Lekki Gardens” building, where some workers reportedly lost their lives has brought to the fore the need to cater for the wellbeing of employees and workers generally, particularly those who work in environments that require some form of manual labour. The issue of employees’ safety is one that is often treated with levity by employers. Employees and workers particularly those in occupations that require brute strength and the operation of heavy machineries are at the most risks. People in this category are often casual or contract workers hence their employers in most cases do not provide any form of insurance cover for them. While every job has its risks, there is a need to mitigate those risks by providing employees with safety kits, a conducive work environment and the necessary insurance cover for their lives. Foreigners who come to our country to run businesses very easily notice the lack of value we place on human lives and are quick to emulate this willful disregard for lives that their Nigerian counterparts so often demonstrate to their employees. The law recognises the duty of care owed by employers to employees; hence the existing legal framework lays down several conditions and requirements to promote the health, safety, welfare and security of employees, this framework also provides compensation for employees in the case of injury or death during the course of employment. This works to the advantage of the employee, in that where an employer is liable under statute, the employee need not prove negligence on his or her part! It is sufficient for the employee to show that the employer owes him a duty of care, that duty was breached and the breach resulted in damages. The duty to take care of the safety of workmen is a non-delegable one and the employer would be held vicariously liable, whether or not, such a duty has been delegated. There are a number of statutes that provide for the welfare of workers, some of this statutes include the Factories Act, the 2010 Employee Compensation Act, which repealed the Workers Compensation Act of 1987, the Labour Act, and the Nigerian Social Insurance Trust Fund Act. The Factories Act is perhaps the most important safety legislation in Nigeria, it provides for the cleanliness, ventilation, lighting, drainage and sanitary convenience of factory premises.

Section 8 (1) provides that a factory should not be overcrowded when work is carried out in a manner that may bring about the risk of injury to the health of the persons employed therein. Section 17 of the Act is particularly important, it provides that every dangerous part of any machinery, with the exception of “prime movers and transmission machinery” must be securely fenced unless it is in such a position or of such a construction as to be safe to every person employed or working in that premises. It further stipulates that the need to fence a dangerous part of a machinery will be obviated, if by reason of the nature of the operation, the dangerous part of the machine cannot be secured by means of a fixed guard, in this case, an alternate device which in the opinion of the Director of factories, satisfactorily protects the operator or any other person coming in contact with that part of the machine would suffice. Yet, it must be stated that a law enacted more than 20 years ago is obviously archaic and may not adequately cater to the nuances of modern technology. For example, one of the obvious deficiencies of the Factories Act is the definition of a “factory” which conspicuously leaves out the inclusion of construction sites. Several attempts have been made to “amend” the Factories Act, the most recent attempt being the Labour, Safety, Health and Welfare Bill of 2012, which empowered the National Council for occupational safety and health to enforce and implement occupational safety and health measures in the workplace and promote the protection of lives and properties. Many Nigerian employees working in factories today, do not know their rights as provided by law, hence they are constantly exploited and exposed to onerous working conditions. This perhaps explains the dearth in litigation matters revolving around this subject matter. Similarly, many employers are just as ignorant of the statutory obligations imposed by the law in this regard. The law recognises the need to compensate employees who have suffered occupational hazards in the course of their employment. Hence the Employee Compensation Act (“ECA”) makes comprehensive provision for payment of compensation to employees who suffer from occupational diseases, or who may have sustained injuries arising from accident in the work place. The powers to implement the ECA are conferred on the Nigerian Social Insurance Trust Fund Management Board, which is established pursuant to the Nigeria Social Insurance Trust Fund Act. The ECA is applicable to every employer and employee in the public and private sectors in Nigeria with the exception of members of the armed forces of Nigeria, this exception however does not extend to those employed in a civilian capacity. The circumstances and incidences under which an employee may claim compensation under the ECA are broad and cannot be exhaustively explored in this essay, however some of the most important circumstances are provided for in Sections 7-11 of the ECA. These sections provide for compensation for injury, mental stress, occupational disease, hearing impairment,

Minister of Labour and Productivity Dr. Chris Ngige

occurring within and outside the workplace. Section 7 of the ECA provides that any employee, whether or not in a workplace, who suffers any disabling injury arising out of or in the course of employment shall be entitled to compensation. Section 7(2) further provides that an employee is entitled to compensation for any accident sustained while on his way between his place of work and his place of residence, the place where he takes his meals and the place where he receives remuneration. It is interesting that the ECA provides for employees to be compensated for mental stress. Section 8 of the ECA is instructive in this regard. It provides for compensation arising from mental stress, which is a result of an acute reaction to a sudden and unexpected traumatic event arising out of or in the course of the employee's employment. It further provides that where it is diagnosed by a Medical practitioner that the stress of a patient is as a result of the mental or physical condition arising out of the nature of work or occurrence of any event in the course of his employment, then that employee shall be entitled to compensation. An employee who suffers mental stress, as a result of change in the working conditions in an organisation in such a way that it unfairly exceeds his abilities and capacities is also entitled to compensation under the ECA. It appears that, an employee who for example is “swamped” with unrealistic deadlines, targets and expectations beyond his professional capacities, educational qualifications, or scope of employment and develops a high blood pressure as a result of this, may be entitled to compensation under this section of the ECA. This section is particularly important as many Nigerian employees suffer immense mental stress at their place of work. In a nation plagued by unemployment, employers are quick to alter working conditions of employees, with little or no regard of how it may impact the productivity or wellbeing of employees. Section 9 further provides that where an employee suffers from an occupational disease that causes him to be disabled, in such a way that it prevents him from earning full remuneration at the workplace or where the death of an employee is caused by an occupational disease; or the disease is shown to be due to the nature of any employment in which the employee was employed, the employee will be entitled to compensation and health care

benefit under the ECA. Section 26 (2) of the ECA, further provides that in addition to the other compensation provided by the ECA, an injured employee who has suffered disability arising from his occupation, may be provided with any medical, surgical, treatment, transport, medicines, crutches and apparatus, including artificial members, that it may consider reasonably necessary at the time of the injury, and thereafter during the disability, to cure and relieve such employee from the effects of the injury or alleviate those effects. The ECA further provides that where an injured employee is undergoing treatment at a place other than the place where the employee resides, provision may be made for a daily allowance for subsistence of such employee. The ECA is an altruistic and ambitious piece of legislature, yet an employee can only lay claim to the benefits enshrined herein, if his/ her employers make the requisite contribution to the Fund, as provided for in the Act. Section 33 provides that every employer shall, within the first 2 years of the commencement of the ECA, make a minimum monthly contribution of 1.0 per cent of the total monthly payroll into the Fund. Beyond the challenge of getting employers to make the statutory 1% remittance, there is also the issue of the general distrust in the abilities of government agencies to deliver prompt and efficient services. How quickly can claims be resolved and how efficient is the process. Many employees would rather be paid the cash, than have some government agency handle same. Some have argued that the existence of Group life insurance and workmen's compensation insurance policies placed with a private sector insurer, by companies appears to be much more efficient, and thus obviates the need for a public sector insurance corporation that may very likely be inefficient. Having regards to Nigeria’s experience with Government, perhaps, the appropriate model would be to stipulate strict guidelines for compensation of workers/ employees for the private sector, whilst the government plays a regulatory role, ensuring that these guild lines are adhered to. Yet questions need to be asked how many employees are aware that their employers are mandatorily required to provide this insurance coverage for them. How many employees have the NSITF benefited, or is it another big elephant legislature where funds are paid to the government and the essence of its establishment is never achieved! The Factories Act, as it is, is inadequate in terms of coverage, and scope, and the various occupational safety and health related regulations are distributed across several legal documents, there appears to be a lot of conflicting and overlapping roles of inspectors and enforcement officers in the various statutes too. There is therefore an urgent need to compile and consolidate all our health and safety regulations to a single comprehensive document. The laws regulating the health and safety of Nigerian workers must be encompassing, comprehensive and enforceable. The starting point would therefore be reviewing all our laws on occupational safety and health to reflect our changing industrial, social and political landscape. Izere Imosemi.

EMERGING LEGAL AND POLICY REFORMS IN THE PETROLEUM SECTOR IN NIGERIA: CONTINUED FROM PAGE 13 Nigerian Petroleum Industry during the IBB administration when Nigeria’s refineries failed due to lack of maintenance. It was introduced to temporarily stabilise the price of petroleum products while the refineries underwent rehabilitation. It was meant to last for only six (6) months. Licenses to lift, import and market oil were issued to independent marketers who took on the responsibility of meeting the petroleum products demands of the consumers at the prevailing market rate. Because the government still favored price modulation to ensure the stability of oil prices, the difference between the pump price fixed by the relevant agency and the actual amount it cost to import petroleum products per litre was then subsidised by the government, in favour of the marketers. With the continued under-utilisation of the Nation’s refineries however, the practice of fuel subsidy

became an integral part of Nigeria’s petroleum landscape. This policy, perhaps more than any other policy in the petroleum sector, has attracted the most vociferous criticisms for its obvious lapses and for the sheer amount of alleged fraud perpetrated through it. In 2012, the allegations reached a crescendo, with the arrest and commencement of prosecution of several persons alleged to have been involved in subsidy fraud by overvaluation of imports, claiming subsidies on products not imported, forgery of bank documents, amongst other sundry charges. Particularly, one Abdullai Alao and Axenergy Limited were arraigned over a N 2. 6 billion scam on July 26, 2012 on a seven-count charge bordering on obtaining by false pretences contrary to the Advance Fee Fraud Act, forgery and use of false documents etc.

Several of such trials are still ongoing. Joint Ventures (JVs): The JVs typically govern onshore/shallow water projects. This was introduced in 1986 following the global oil glut. Under this arrangement, each of the partners to the JV has an obligation to contribute financially, to the extent of the percentages held in the contract, towards the exploration and development of the oil and gas blocks. These are called cash calls. All parties are entitled to their share of oil after fiscal deductions have been made, including royalties paid to government and petroleum profit tax. NNPC, possessing majority of the shares in these arrangements, however, has been unable to fund its equity participation in the joint ventures (JV). This has led this arrangement to be increasingly unmanageable. Under this arrangement, NNPC enters into an agreement with the International

Oil Company (IOC). However, NNPC does not have a contractual financial obligation to aid the exploration and exploitation of oil blocks the IOC singly explores, exploits and bears all the risks and costs of exploiting oil and gas deposits which are covered by its license. In the event that there is no commercial discovery of oil in an area covered by the license, the IOC does not recover any cost. However, in the event of a commercial find, the IOC is entitled to recover its investments through “cost oil”. After the payment of royalty oil and tax oil to the government, the parties to the Production Sharing Contracts (PSC) share the “profit oil”. The problem with these arrangements revolves around the failure of the IOCs to pay their fair share

CONTINUED ON PAGE 15

16/IMAGES

03.05.2016

The NBA Lagos Branch Young Lawyers’ Committee recently launched its Mentoring Programme at the Lagos High Court Foyer, Igbosere with the theme “The Nursery in the Bar” and the Discussion Topic “A Law Firm as a Business”. Here are some of the guests at the event distinguished senior lawyers, young lawyers and other stakeholders in the legal photos: Sunday Adigun profession.

Chairman, NBA Lagos Branch, Mr. Martin Ogunleye (left) and and a panelist, Mr. Wale Irokosu, Managing Partner Probitas LLP

Former Director-General, Nigerian Law School, Dr. Tahir Mamman and Keynote Speaker & Managing Partner, Olisa Agbakoba Legal, Mrs Priscilla Ogwemoh

Most Senior Member of the Bar Pa Tunji Gomez (left) and Mr. George Etomi

Panelist, Mrs. Joy Harrison-Abiola, Managing Partner ACAS-Law and Chairman, NBA Lagos Branch, Mr. Martin Ogunleye

1st Vice Chairman, NBA Lagos Branch, Mrs. Uche Ekeueme and a guest

L-R: Mrs. May Agbamuche-Mbu, Miss Sandra Oke and Mr. Idowu Olofinmoyin

Mr. Emeka Nwadioke, Mr. Celestine Nwankwo and Mr. John Austin Unachukwu

Miss Ifeatu Meddidem and Mr. Ridwan Bello

Niyi Odunmorayo and Chairman, Young Lawyers Committee, Miss Derin Fagbure

Phillips Njeteneh and Uchenna Nwadialo

4/LAW REPORT

03.05.2016

An Agent Cannot Institute a Suit on Behalf of its Principal

t is a trite principle of law as held by the Court of Appeal in the instant appeal that an agent cannot institute an action on behalf of its principal. The Court of Appeal in the present suit held that the 1st Respondent could not institute an action on behalf of its principal and the suit should have been brought in the Principal’s name.

Facts The 1st Respondent filed at the Federal High Court (“trial court”), an amended Originating Summons, Affidavit and Written Address dated 1st November 2013 seeking various declaratory, monetary and injunctive reliefs against the various commercial banks in Nigeria. The reliefs sought to enforce on behalf of the Nigerian Postal Service, the Nigerian Postal Service Act Cap N127, LFN 2010 (“NIPOST”) and the provisions of the Stamp Duties Act Cap S8, LFN 2010 (“SDA”). The 1st Respondent relied on the grounds that the NIPOST Act was amended in 2004 to confer upon NIPOST, the power to manage some of the stamp duties chargeable under the SDA and that the Federal Government of Nigeria Financial Regulations 2009, imposes upon banks in Nigeria an obligation to deduct and remit the sum of N50 as stamp duty on all receipts by electronic transfer and/or teller deposit or funds in the sum of N1,000.00 and above and that the failure of the banks in Nigeria, to collect and remit the amount renders the banks in Nigeria liable to a penalty in the sum of N20 for each eligible transaction since 2004. The 1st Respondent was the agent of the 22nd Respondent (“NIPOST”). The Appellant in response filed a Counter Affidavit and a Preliminary Objection (“PO”) dated 11th December 2013 on the grounds that the suit ought to be struck out because the trial court lacked the jurisdiction to entertain the matter on the grounds that the suit disclosed no cause of action. The trial court delivered judgment on the 14th of February 2014 and dismissed the Appellant’s PO and granted all the reliefs sought by the 1st Respondent. The Appellant being dissatisfied with the judgment appealed to the Court of Appeal (“the Court”) vide a Notice of Appeal dated 3rd March 2014. The Appellant formulated the following issues for determination: (i) whether given the facts presented by the parties herein at the trial court and the express provisions of Section 111 of the SDA, the trial court was right in holding that the 1st Respondent was seised with the requisite locus standi to institute and maintain the suit before the trial court; (ii) whether given the arguments in the Affidavit in Support of the 1st Respondent’s amended Originating Summons, the trial court was right to have held that the 1st Respondent’s Suit disclosed a cause of action as against the Appellant; (iii) whether given the evidence before the trial court to the effect that the 1st Respondent was appointed a collecting agent of the 22nd Respondent, the trial court was right in holding that the 1st Respondent, an agent of a disclosed principal could institute an action before the trial court in its own name simply cited; (iv) whether, having regard to the provisions of section 3, of the SDA which expressly recognises the items in the schedule of the SDA, the trial court was right in relying on the provisions of section 90 of the SDA and therefore rendering its decision, null and void; (v) whether given the meaning of receipts and the nature of electronic fund transfer, the lower court was right in coming to the conclusion that electronic fund transfer and teller deposits are receipts in the contemplation of the provisions of the SDA. The 1st Respondent, on their part, filed a motion seeking dismissal of the appeal on the ground that the issues raised by the Appellant have been overtaken by events and have now become hypothetical and academic. They also filed a Notice of Intention to contend that the judgment of the trial court be affirmed on grounds other than those relied on by the trial court. In the said notice, the 1st Respondent formulated the following issues for determination, (i) whether the trial court did not have jurisdiction to hear and determine the suit; (II) whether the interpretation of receipts under section 89 of the SDA does not include acknowledgment of payment by teller deposits or electronic transfer; (iii) whether the recovery of sums due to NIPOST for the sale of postal stamp is statute barred by any law (iv) whether there are exceptions in the SDA excluding bank teller deposits from definition of receipts under section 89 of the SDA. On the 1st Respondent’s motion, the 1st Respondent, referred to Exhibit TO1 (Judgment of the FHC in Kasmal International Services v CBN which directed CBN to issue guidelines to all financial institutions including all banks to comply with the provisions of the SDA and the Federal Government of Nigeria Financial Regulations 2009 by remitting to NIPOST through the agency of the 1st Respondent the sum of N50 as stamp duty on all receipts issued of monies from N1000) He thereafter contended that the appeal has been overtaken by events and has now become academic and hypothetical and placed reliance on UKPABIO v N.F.V.C.B. (2008) 9 NWLR (Pt. 1092) 219 @ 238-239. He further argued that the 1st Respondent under section 619 of the Banks and Financial Institution Act had to comply with the CBN’s directive and thereafter urged the Court to strike out the Appeal as it would serve no benefit to the Appellant.

In the Court of Appeal In the Lagos Judicial Division Holden at Lagos Before Their Lordships Ibrahim Mohammed Musa Saulawa Ejembi Eko Adamu Jauro Moore A.A. Adumein Nonyerem Okoronkwo Justices, Court of Appeal CA/L/437L/2014 Between Standard Chartered Bank Nigeria Limited .... Appellants And 1. Kasmal International Services Ltd 2. Access Bank Plc 3. Diamond Bank Plc 4. Ecobank Nigeria Plc 5. Enterprise Bank Plc 6. Fidelity Bank Plc 7. First Bank Of Nigeria Plc 8. First City Monument Bank Plc 9. Guaranty Trust Bank Plc 10. Heritage Banking Company Limited 11. Keystone Bank Plc 12. Mainstreet Bank Plc 13. Skye Bank Plc ....... Respondents 14. Stanbic Ibtc Bank Ltd 15. Citibank Nigeria Limited 16. Sterling Bank Plc 17. Union Bank Of Nigeria Plc 18. United Bank Of Africa Plc 19. Unity Bank Plc 20. Wema Bank Plc 21. Zenith Bank Plc 22. Nigerian Postal Service 23. School Of Banking Honours (Judgment Delivered by Ibrahim Mohammed Musa Saulawa, JCA)

In response, the Appellant argued that the appeal had not become academic basing his argument on the fact that if the appeal is allowed on ground 1 alone, the judgment of the trial court will be set aside and the Appellant will not be subjected to paying the 1st Respondent the judgment sum and as a result the success of the appeal will be beneficial to him. He further argued that the appeal raised issues on locus standi and exercise of powers by the Attorney General of the Federation. On issue number one of the appeal, the Appellant argued that the amendment to NIPOST and SDA alleged by the 1st Respondent does not exist. He further argued that the 1st Respondent lacks the requisite locus standi to institute this suit based on the provisions of Section 111 of the SDA. On issue number two, the Appellant argued that the suit failed to disclose a cause of action against the Appellant and relied on THOMAS v OLUFOSOYE (1986) 1 NWLR (Pt. 18) 669 @ 682 – 683. He further submitted that the cause of action claimed by the 1st Respondent which arises from the amendment of the NIPOST and SDA does not exist and no provision empowers the 1st Respondent to collect N50 for every sum of N1000.00 and above deposited in banks by way of teller deposits or electronic fund transfers. Additionally, he argued that the Appellant not being a party to the agreement between the 1st Respondent, 22nd and 23rd Respondent, the 1st Respondent, had no basis in law to proceed against the Appellant and relied on CAMERON AIRLINES v OTUNZU (2005) 9 NWLR (Pt. 929) 202 @ 223. On issue three, the Appellant argued that the decision of the trial court was wrong because the 1st Respondent having

been appointed by the 22nd Respondent to act as his agent, the 1st Respondent should have instituted the action in the name of its Principal. Furthermore, there was no provision in NIPOST and SDA that empowered the 1st Respondent to bring an action in the name of its principal, purpose of which action is to protect a right allegedly vested in the principal. On issue four, the Appellant argued that contrary to the judgment of the trial court, section 90 of the SDA creates a specific exception only in respect of a particular situation and argued that the court failed to consider section 3 of the SDA before concluding that the schedule to the SDA was in conflict with section 90 and further relied on the principle that an act must be read in its entirety and no particular provision should be isolated. On issue 5, the Appellant argued that a stamped deposit teller is evidence of payment of monies deposited into the account of a customer of a Bank and does not amount to the issuance of a receipt to the customer who made the deposit so as to bring it within the contemplation of the provisions of the NIPOST or SDA as held by the trial court. On issue one of the 1st Respondent’s Notice of Intention to contend, he argued that he had established in its affidavit the right to sue and urged the court to discountenance the submissions of the Appellant with regard to the grounds that the NIPOST and SDA were not amended in determining the issue of the 1st Respondent’s locus standi. He further argued that the cause of action is not based on agency or delegation of powers but rather the suit is for the enforcement of a public duty similar to the reliefs sought in FAWEHINMI v PRESIDENT, FRN (2007) 14 NWLR (Pt. 1054) 275. On issue two, he argued that the court ought to apply the literal rule of interpretation in interpreting section 89 of the SDA which would in effect mean that section 89 includes deposits and electronic transfers. On issue three, he argued that the Trial court found that the Attorney General is not the appropriate authority and thus section 11 of the SDA is not applicable On issue 4, he argued that the exemptions contained in Item 4 of the Schedule to the SDA are clear and unambiguous and therefore the literal rule of interpretation should be used in interpreting same. Judgment and Court’s Rationale On the Respondent’s motion, the Court held that the appeal was not academic because: (1) reliefs 1, 2, 3 extend beyond the terms of the CBN and thus only reliefs 4 & 5 deal with the 1st Respondent, the appeal raises issues as to the locus standi of the 1st Respondent to institute the action, if the appeal succeeds on ground one alone, the Appellant will not have to pay the judgment sum and the appeal raises a fundamental question that it is only the Attorney General of the Federation that has the exclusive power to institute an action in the event of any infraction of the SDA and NIPOST. In delivering judgment on the Appeal, the Court adopted the issues formulated by the Appellant. On issue one, the Court held that the suit was entirely based on the claimed amendments of the NIPOST and SDA which have been shown to be non-existent and as a result, the 22nd Respondent cannot possess the locus standi to institute the action and consequently the 1st Respondent lacked the requisite locus standi to institute this action. The Court further held that an agent can only bring an action in the name of his principal, and as such, the 1st Respondent could not bring the suit in its own name. On issue two, the Court held that since there was no amendment to the relevant laws to the NIPOST and SDA which the 1st Respondent’s case was copiously based on, the 1st Respondent did not disclose a cause of action against the Appellant. On Issue three, the Court held that since the genesis of the suit was in contract, it was a private suit for pecuniary benefit and not to enforce any public interest. The Court further held that even NIPOST cannot bring the suit in view of the provisions of section 111 of the SDA which provides that all duties shall be recoverable in the name of the Attorney General of the Federation, or of the State. On issue four, the Court held that the lower court was wrong as the decision of the trial court ignores the provision of section 3 of the SDA and provisions of statutes should be read harmoniously and not in isolation. On issue five, the Court held that although a stamped teller is evidence of money received by a bank, and thus a receipt, that is not the end of the matter, in view of the exception provided in the Schedule to the Stamp Duties Act. The court finally dismissed the 1st Respondent’s motion and allowed the appeal and thereafter set aside the decision of the trial court for being incompetent as a result of lack of locus standi on the part of the 1st Respondent. APPERANCES A.A.Adegbonmire SAN, S. Mustapha Esq for the Appellant Ifeoma Esom (Mrs), Gift Onojahpor Esq for the 1st Respondent Reported by Ibukunoluwa Omotorera Owa, Aluko & Oyebode, Lagos.

03.05.2016

NEWS/5

Nominations for the Law Digest Africa Awards 2016 Close in May Akinwale Akintunde

L-R: Mr. Claus Molitor, Mr. Caleb Dajan, Mr. Augustine Alegeh SAN, His Excellency,Ambassador Stanilas Kamanzi, High Commissioner, Rwanda High Commission to Nigeria, Mr. Phakiso Mochochoko and Mr. Olawale Fapohunda Chairman Conference Planning at the First African Bar Leader’s Summit

Court Penalises FCDA for Allocating the Right to Develop Asokoro Neighbourhood Centre to Another Company Tobi Soniyi in Abuja An Abuja High Court has penalised the Federal Capital Development Authority (FCDA) for awarding the contract to develop Jimmy Carter Street Neighbourhood Centre, Asokoro Abuja to another person after the same project had been awarded to JCN Property Development Company. Justice M.M. Dodo held that the agreement between the plaintiff, JCN Property Development Company and the FCDA for the development of the neighbourhood centre was still subsisting and that it was wrongful for the Minister of the Federal Capital Territory to have given the right to develop the centre to another company. The judge declared that the

defendants were wrong to allow another company to start construction works on the plot after they had earlier given approval for the plaintiff to handle the construction. In its statement of claim, the plaintiff stated that it signed an agreement with the FCDA for the development of the centre after it secured the signatures of more than two third of the landlords within the neighbourhood. The judge found as a fact that the plaintiff collected, filed and submitted the Land Application Form to the defendants and paid the required processing fees. In line with the agreement, the plaintiff through its lawyer Mr Aliyu Momoh stated that the necessary documents pursuant to the agreement were submitted

to the FCDA and that it was consequently issued with a letter of approval which qualified the plaintiff to undertake and develop the centre. The plaintiff further stated that Zenith Bank agreed to finance the project on the condition that the defendants' approval of the final architectural or building plans be submitted to the bank by the plaintiff. The court found that the documents required by the bank had all been submitted to the defendants. Justice Dodo said: " The Defendants subsequently refused to honour that agreement which frustrated the plaintiff from commencing the construction and the bank could not as a result release funds to the plaintiff despite the huge costs

the plaintiff had committed to meet the requirements set by the defendants who later on went ahead to re-allot the plot to another person." At the trial, the defendants filed a statement of defence and later informed the court that they were not ready to go on with the trial. They subsequently abandoned their defence as they failed to participate further in the trial even though they were given the opportunity to do so. In the end, the judge called on the plaintiff to prove its case which it did. The judge consequently found in favour of the plaintiff and granted an order for specific performance of the agreement even as he compelled the defendants to give the plaintiff the final building plans and the approval letter.

Daudu Asks African Lawyers to Focus on How to Develop the Continent Tobi Soniyi in Abuja Chairman of the African Bar Association and a former President of the Nigerian Bar Association, Chief Joseph Bodunrin Daudu, SAN has challenged lawyers in the continent to rise up above parochial sentiment and tell their leaders the truth. Daudu, who spoke at the AfBA's Governing Council meeting held at his Chambers in Abuja also called on lawyers practising in Africa to look inwards instead of travelling to Europe and the United

States of America to spend their hard-earned income. He stated that: "Our experiences at other fora i.e. the International Bar Association and the Commonwealth Lawyers Association and the American Bar Association has taught us that charity must begin at home." He noted that when African lawyers attend conferences abroad, they take a lot of money from Africa and spend it in foreign countries at the expense of their father land. Daudu also called on African lawyers to patronise their col-

leagues by not giving jobs that could be done by their African counterparts to foreigners. He mentioned that: "I see no reason why a simple agreement just because it is priced in millions of dollars will require a counsel from the US to come and vet the agreement and we pay across the Atlantic when there are African lawyers who are equally skilled." He further challenged lawyers in the continent to be courageous and forthright in telling their governments the truth. Daudu urged the lawyers to confront the issue of good

governance, terrorism, graft and corruption and human rights. He condemned the practice where lawyers in Africa travelled to Europe and America to attend conferences that had no topics dealing with African issues. He emphasised: "Our people spend more time there in shopping malls, night clubs and other mundane activities that you can also find here in Africa." Daudu suggested that an African should attend more conferences in Africa.

Family Urges Police Service Commission to Investigate DCP Akinwale Akintunde The Police Service Commission has been urged to conduct discreet investigations on the Deputy Commissioner of Police (DCP) OPS, Commander MOPOL 49 and OC Anti-Vandalisation of the Zonal headquarters, Zone 2 for his alleged involvement in the

execution of a court ruling delivered by Justice Mufutau Olokoba on July 6, 2015 in the village at Oko-Olomi in Ibeju Lekki Local Government area of Lagos State. A Lagos-based lawyer, Mr. Bamidele Ogundele made this call last Thursday on behalf of the Okunu Eleku family of Oko-Olomi in Ibeju Lekki,

Lagos. The family alleged that the said Police officer and a land speculator unleashed terror on them in execution of Justice Olokoba’s ruling. The family also urged the National Human Rights Commission (NHRC) and the human rights community to conduct an audit in respect of

the alleged violation of the rights of the people of OkoOlomi . Justice Olokoba had in the said ruling granted the order of possession sought by the claimant, Toll System Development Company Limited “for a parcel of land measuring 1,561.20 hectare covered by

CONTINUED ON PAGE 7

Nominations for the Law Digest Africa Awards 2016 close on 30th May 2016 according to Mr. Seyi Clement, Editor and Publisher of Law Digest. According to him, “the Awards is a brand new concept in Africa, recognising and honouring excellence in the practice of law across Africa. With an extensive panel of judges made up of individuals and Bar Associations, the Awards is perhaps the most coveted and respected awards for lawyers in Africa”. He further stated that the “awards are based on the opinions of over 5000 senior practitioners spread across Africa, the in-depth research that our team conducted and the assessment of the panel of judges which is independent of the organisers of the event.” Past winners of the awards include, Aluko & Oyebode, Banwo & Ighodalo, G Elias & Co and Templars. International winners of the awards include, AB & David of Ghana and Bowman Gilfillan of South Africa. According to Clement, the awards is open to all lawyers in Africa with categories of every type of practice both in-house and private practice. He added that three new categories have been added for this year’s awards as a result of consultation with stakeholders. The new categories are the Emerging Law Firm of the Year, designed to recognise practices from sole practitioners to 3-partner practices. It is also designed to recognise the up and coming firms, which in most cases (not

all), will fall within this category in terms of size. The second is the IP and Technology Firm of the Year, in recognition of the importance of this practice area to the African economy and the great strides that African lawyers have made in the practice area. The last is the Best In-House Team (Public Sector). This award is designed to recognise the excellent work and expertise of public sector lawyers. According to Chief Bayo Ojo SAN, CON former AttorneyGeneral and Minister of Justice and the chair of the panel of judges, “Law Digest put together this event to identify law firms that have excelled in their various areas of specialities. That is what this is all about. It’s innovative, it’s good; it’s to recognise hard work and diligence in the legal industry” Clement expressed satisfaction that Nigerian firms are competing on an equal footing with their long established counterparts from South Africa and in some cases out-performing them as well. He said that the awards represent a mark of quality which is essential for firms to maintain a competitive edge in a highly competitive market, such as legal services. He hopes that this year’s awards will confirm that the success of Nigerian firms at last year’s awards was not a fluke and Nigerian firms are truly at par with their South African counterparts. To nominate, lawyers are required to complete the online nomination form at www. lawdigestawards.com. The shortlist will be published in June 2016.

Aggrieved Members of PDP Sue PDP EXCO over Tenure Elongation Akinwale Akintunde Some aggrieved members of the Ogun and Lagos chapters of the Peoples’ Democratic Party (PDP) have instituted proceedings against their respective state executives over the extension of their tenure. The PDP Ogun State members which include Mr. Wasiu Boladele, Alhaja Nike Odutola, Mr. Semiu Babatunde, Mr. Semiu Adesanya and Elder Sola Soledolu are asking an Abeokuta High Court, to declare that the tenure of the party executive members in the state has elapsed. Defendants in the suit with the Ab/121/2016 are PDP, Independent National Electoral Commission (INEC), the chairman of the party in Ogun State, Engr. Adedayo Bayo and the secretary, Alhaji Semiu Shodipo as 1st, 2nd, 3rd and 4th defendants respectively. The aggrieved members want the court presided by Justice M.A. Ojo to declare that "by provisions of Article 47(1) of the Constitution of the PDP (as amended), the tenure of office of the 3rd and 4th defendants has elapsed and that the National Working Committee (NEC) and Board of Trustees (BOT) cannot extend the tenure of office of any of her organs, be it national, state, local and ward which has elapsed

without National Convention approval." The claimants are also praying the court to declare that by reason of the expiration of the tenure of the states’ executives, there has been a vacuum which must be filled by the state and local government caretaker committees and as such the present executives cannot act like subsisting members of their respective state executives and preside over the upcoming congresses. They also prayed the court to direct the national body of the party to appoint a state and local government caretaker committee to oversee the congresses, as well as an order directing INEC not to recognise any party officers produced at a congress organised and conducted by the 3rd and 4th defendants when their tenure has expired. The same reliefs were also sought by the aggrieved members of the Lagos chapter who are Segun Akinyemi, Taiwo Oladeji, Azeez Sokunbi, Abiodun Sodiq and Adetoro Kazeem against the state chairman, Captain Tunji Shelle and the secretary, Chief Felix Kokumo as 3rd and 4th defendants respectively before an Ikeja High Court. The Lagos suit is however yet to be assigned to a judge as the defendants are yet to file their responses to the suit.

03.05.2016

The Saraki Trial: The Need to Avoid Executive and Judicial Bias Stephen Kola-Balogun

ver the years, Nigerian politicians have shown themselves to be selfish and self-serving individuals who respect neither the rule of law nor the well understood conventions of democratic government. Judging from this perspective, it is hardly surprising that public and political life in Nigeria is perceived to be one of the most corrupt in the developing world. This is largely due to the fact that those who hold public office in Nigeria are neither open nor transparent. In order to stem this trend, successive democratic governments since 1999 have relied on both the Code of Conduct Tribunal Act (CCT) and the Economic and Financial Crimes Commission (EFCC) to either prosecute erring offenders or keep them in check. It is debatable whether both these anti-graft agencies have been successful in this regard but what cannot be doubted is the fact that some high profile government functionaries and officials have appeared before them at some point or the other. This year in particular, both the CCT and the EFCC have made very bold attempts to bring no less a person than the Senate President (and number three citizen) Abubakar Bukola Saraki to justice for false declaration of assets and corrupt enrichment during his two terms as Governor of Kwara State from 2003 – 2011. What we however do not know is whether the CCT and EFCC are playing out the script of the well known and popular slogan “change” as propagated by the President Muhammadu Buhari’s led All Progressive Congress (APC) government and voted for by Nigerians or perhaps on the other hand they are merely being used to settle in-house party political squabbles. In a proper government setting, it could easily be argued that both the CCT and EFCC are independent bodies whose task it is to bring

to book any public official who they are convinced may have violated the law but in this instance the CCT is under the Secretary to the Federal Government since it is directly under the presidency thereby leaving many to question its independence. In any case, it would take a very bold government indeed to bring down a man who heads the second arm of its newly elected government. Furthermore, Bukola Saraki is now serving his 5th year as a Senator of the Federal Republic of Nigeria. His immunity from prosecution came to an end as far back as 2011 when he served out his second term as Governor of Kwara State. Why was it not in the public interest to prosecute him as far back as then? Why is he suddenly being prosecuted now after he assumed the role of Senate President? Could it be that it is now in the public interest to bring him down in his newly exalted position? Surely not! Many have ascribed the Senate President’s current ordeal to the manner of his emergence as head of the Senate in that he emerged against the whims of the leadership of the ruling APC with the connivance of the opposition - the Peoples Democratic Party (PDP). Others including Saraki himself have stated that he did not do any deal with the PDP, and that he did not have to do so because even before the PDP Senators as a group took the decision to support his candidature as Senate President, twenty-two PDP Senators had already written a letter supporting him. According to Saraki his real sin was that he opposed the Muslim-Muslim ticket, which was initially mooted to field the duo of President Muhammadu Buhari and the former Lagos State Governor and National Leader of the APC, Senator Bola Tinubu as the APC Presidential and Vice-Presidential candidates respectively during the 2015 general election. Perhaps the most disturbing aspect of all these accusations and counter-accusations is the fact that the Chairman of the CCT Mr Danladi Umar was at some point himself on administrative bail from the EFCC over alleged corrupt practices relating to a N10million

bribe. Although the EFCC later withdrew its investigation thereby dashing any possibility of filing charges for what they claim to be want of evidence, the question still remains as to what should be expected of Mr. Umar if the EFCC has secretly kept his case file open and kept him within their radar, since the EFCC as we all know is the one providing the witnesses in the Saraki case. It is for this reason that a number of eminent retired former Justices of the Supreme Court and a number of leading Senior Advocates of Nigeria have questioned whether Mr. Danladi Umar can be an impartial or unbiased umpire in adjudicating upon the Saraki case. According to them leaving him to try the Saraki case makes a complete mockery of our adjudicatory system and throws the entire judicial system into the spotlight. In R v Bow Street Metropolitan Stipendiary Magistrate Ex Parte Pinochet Ugarte 1998 3 WLR 1456. The House of Lords were forced to set aside a decision it had taken relating to a petition brought by Senator Pinochet to set aside warrants for his arrest under Section 8(1) (b) of the Extradition Act 1989 in the UK.The House of Lords initially contended that there was no case for such revocation but were eventually forced to set aside this decision of a five man panel of the House of Lords on the grounds that the wife of one of the law lords on the panel, Lord Hoffman was actively involved with Amnesty International who for many years had questioned Pinochet,s human right records and as such an inference could be drawn that she could have influenced the law lord's decision.For this reason, the House of Lords decision was set aside and a new panel constituted to re-hear the case. However in reality, there is a more complex reason as to why Mr. Danladi Umar has been left as the Chairman of the CCT presiding over the Saraki trial. The CCT Act states that the Tribunal shall consist of a Chairman and two other members. As at today, there are only two members of the CCT namely: Mr.

Danladi Umar as Chairman and one other member. The Supreme Court has already controversially ruled that the quorum for sittings by the CCT is two. If Mr. Danladi Umar was to disqualify himself from the Saraki case that would leave only one eligible member of the CCT since a third member of the CCT is yet to be sworn in. The President can always hurriedly appoint a third member of the CCT as required by law but the appointment of such a member would have to be confirmed by the National Assembly, which is usually the Senate. What are the chances of the Senate approving the appointment of a third member of the CCT at this point in time? Your guess is as good as mine but the real issue here is that given the sustained claims by Saraki’s camp that the entire trial is politically motivated it is highly important that the judiciary as the third arm of government is seen not to be biased or impartial. It is important to note that in as much as one is not absolving Saraki of any crime, in the same vein he must not become a victim of politics or the scape goat the judiciary have long been looking for. For instance, how come his alleged misdemeanours were only brought to the fore when he had a disagreement with the APC leadership? Why is his code of conduct forms being so heavily scrutinised thirteen years after he first submitted them? Where are those who verified the forms and cleared them? What happened to the extant laws and provisions which requested that such discrepancies be brought to his notice before further actions are taken? All governments past and present tell us that all power corrupts and absolute power corrupts absolutely. For these reasons, power must be a check to power. In every situation no matter the case one must always remember the principle of separation of powers with regard to the Legislature, the Executive and the Judiciary. Bias no matter how strong must not be allowed to undermine this important tenet of the rule of law. Stephen Kola-Balogun, Kola Balogun & Partners, Legal Practitioners, Lagos

Legal Personality of the Week Ganny Ajape

‘There is a Social Welfare Imperative to the Law that all Aspiring Lawyers should be Conscious of’ My name is Ganny Ajape, I am a Legal Practitioner. I had my legal education at Ahmadu Bello University, Zaria, Kaduna State, Nigeria, where I obtained my L.L.B [Honours) with 2nd Class (Lower Division). 1 was admitted to the Nigerian Bar in 1992 as a Barrister and Solicitor of the Supreme Court of Nigeria. After my Youth Service with the Federal Ministry of Justice, I was retained by the same ministry as a Research Assistant until 1995 when I left to join the Law Firm of Z. M. Umar & Co in Kano. I thereafter established my Law Firm Ganny Ajape & Co in 1999, a legal firm that provides legal services in many areas of law with special interest in Constitutional Law, Criminal Law, Real Estate, Arbitration and Mediation. I am a member of the Nigerian Bar Association, American Bar Association, Commonwealth Lawyers Association, African Bar Association, International Bar Association and Pan-African Lawyers Union. I held three elective offices while I was a member of the Kano branch of the Nigerian Bar Association and between 2008 – 2010: I was the National Welfare Secretary of the Nigerian Bar Association. I am a member of the Chartered Institute of Mediators and Conciliators. Have you had any challenges in your career as a lawyer and if so what were the main challenges? Since my call to Bar as a Barrister and Solicitor of the Supreme Court of Nigeria, in 1992 and as a Lawyer engaged in active legal practice everyday poses different peculiar challenges too

suspected to be heroin. The accused pleaded guilty, I made a very strong and convincing allocutus on his behalf backed up by judicial authorities to justify or attract a minimal option of fine but my client was rather sentenced to life imprisonment. What was your most memorable experience? My most memorable experiences as a Lawyer are too numerous to mention. Who has been most influential in your life? The person who has been most influential in my life is my mother, the Late Alhaja UmmKhair Morohunmubo Ajape (nee Gidado) who unfortunately died on the 23rd day of February, 2013.1 thank God for her life.

Ganny Ajape

numerous to mention, especially challenges arising from the personal goals and targets one sets for oneself. Above all, meeting the expectations of clients has been a very serious challenge. What was your worst day as a lawyer? My worst day as a Lawyer was when I lost a case before Hon. Justice Adeniyi F.D. Ademola of the Federal High Court, Abuja. The case involved possession of substances

Why did you become a Lawyer? Several reasons prompted me to become a lawyer. Firstly, from my younger years, I have always desired a profession that will make me have an impact on people's lives and afford me the opportunity to contribute to the society and 1 concluded that the only profession that afforded a platform for effective remedial action in the scenes of life was the Law. I believed that the law profession was the only profession I could conveniently belong to, hence my decision. More so, one of the reasons I became a lawyer was my unquantifiable admiration for the indefatigable doyens of the Nigerian legal profession, Chief

Abdul Ganniyu Oyesola Fawehinmi SAN (of blessed memory) and Chief Frederick Rotimi Alade Williams SAN (of blessed memory). What would your advice be to anyone wanting a career in law? My advice will be that law should mean more to them than just a platform for acquiring wealth. There is a social welfare imperative to the law that all aspiring lawyers should be conscious of irrespective of where their careers take them. Aspiring lawyers should read widely and have a sense of history so they can acquire the breadth of knowledge to be of use to those who need their service and assistance. They have to be intellectually astute and wise to do the job convincingly. Integrity is also an indispensable attribute to be possessed and demonstrated. They should also know that it is a profession for disciplined people. If you had not become a lawyer, what would you have chosen? I have never thought of becoming anything else except a Lawyer. It is a very difficult question for me to answer especially having not given it a thought before. I just cannot say. Where do you see yourself in ten years? In about ten years’ time, I see myself under the grace and continued guidance and favour of God with His goodness and mercies following me everywhere. In addition, I see myself by the special grace of God as one of the leading and prominent Nigerian Lawyers.

03.05.2016

Libel in a Digital Age: Redefinition of Liability under Nigerian Law and The Frivolous Petitions Bill Akinpelu Ayokunle Oluwatobi

he use of technology as a means of communication is undoubtedly ascertaining the freedom of expression as enshrined in sec. 39 (1) of the Constitution of the Federal Republic of Nigeria (CFRN) 1999 3rd Alteration. The right to the expression of opinion is inclusive of the right to receive and impart ideas and information without any form of interference. The constitution in order to ensure the practicability of this right, provides that everyone is entitled to own, establish and operate any medium for the dissemination of information, ideas and opinions provided that the certain requirements are met for the ownership of television or wireless broadcasting station. The right to freedom of expression is however not an exclusive right but that which has been qualified by common law principles of libel and defamation. Succinctly, a right to the freedom of expression is not liberty to defame and publish false denigrating statements about others. Technological advancement especially the advent of social media has created new platforms for freedom of expression as enshrined in the constitution. Unfortunately, while the right to freedom of expression is being promoted by the use of various social media platforms, there is an increasing trend, the publication of libellous and defamatory statements across the internet. It is against the backdrop of this phenomenon that it becomes crucial that an examination of the liability regime for libel is considered especially with the intention of the upper legislative house to prescribe the “Frivolous Petition Bill” which has now been dubbed “Anti-Social Media Bill” by the populace. Nigeria as a sovereign state is entitled to make its own laws free from the influence of any other state. However, while a sovereign state is free to make its own laws, internationalisation as a feature of the internet makes it extremely difficult to define internet liability within the territorial borders of a state. The internet is a world without borders, where anonymity and multi-jurisdictionality makes it difficult for national laws to function without international cooperation. Defamatory statements need not to have been published within the state borders of an injured party before it becomes actionable. While the “Frivolous Petition Bill” is an attempt to codify the challenges arising from the use of the internet as a medium of expression, it may nevertheless not be the best approach to solving the challenge. The Bill seeks to criminalise statements made maliciously on social media sites as well as requiring an oath before any petition can be submit-

ted against any person for the purpose investigation and inquest. Particularly, governmental agencies cannot receive petitions or complaints without any supporting affidavit. The Bill if properly passed into law would be valid and must be enforced by the executive and interpreted by the court vis-a-vis other laws. While there are no questions on the authority of the upper legislative house to make laws for the governance of the country, such laws should not constitute an administrative encumbrance on the executive. Assuredly, it is easy to get anyone arrested within Nigeria when the proposed law is breached, but how enforceable is the law at the international level, when the alleged wrong-doer cannot be arrested without international collaboration? Does the proposed law also cover complaints made to security agencies for the commission of crimes and infractions on laws? Would it invariably be the case, that security agencies would not be able to conduct investigations on reported crimes without obtaining an oath from the claimant? While there are no contentions about the need for the creation of new regulations within the digital environment for libel and defamation, the new legal order need not criminalise such conduct to arrive at an effective legislation. One obvious defect with the Frivolous Petitions Bill is its failure to take into consideration that the internet provides for new actors that are absent from the traditional method of publication. The Bill has rightly provided that persons who breach the proposed law should be held liable as provided for under the principles of criminal justice but the challenge with the provision is that communication made on the internet is anonymous and coupled with the global challenge of cat-fishing (online impersonation). Identification of the wrong-doer therefore becomes an arduous challenge to the victim while apprehension is almost impossible for the security agencies. As regards enforcement at the international level, except for few states that do not place a premium on the right to freedom of expression, most states have not criminalised this type of breach, hence persons outside Nigeria would never be held liable when they breach this law; no justice for the state, no justice for the victim once the wrong-doer is not within the territorial border of the Nigerian State. Assuming but not conceding the obvious challenges outlined above are not present, the Frivolous Petition Bill in itself would still have to contend with the Sec. 39 (CFRN) 1999 3rd Alteration. The Constitution provides exclusively for the right to the freedom of expression, while also creating exceptions where necessary. The requirement of the bill as provided seems to negate the provisions of the Constitution and subject to the interpretation of the courts, it may not stand. Sec. 1 (3) (CFRN)

1999 3rd Alteration provides that any law which contradicts the provisions of the Constitution is to the extent of it contradiction void and the provisions of the Constitution shall prevail. Certain provisions of the proposed law, especially the requisition of an affidavit and/or criminalisation of a publication made without an affidavit are seemingly a contradiction of the letters and the spirit of Sec. 39 (CFRN) 1999 3rd Alteration, and may be declared void by the court. In arriving at a regulation that would be effective, it is crucial that the new actors in the digital environment be considered and responsibilities be created to effectively curtail the new challenges created by the use of technology for information dissemination. The new actors in the digital environment are the internet service providers and the website owners. Internet service providers depending on the type of service provided can be used to effectively curtail the excesses of persons who maliciously abuse the right to freedom of expression as enshrined in the constitution. Website owners who also provide platforms for comments and message posting can also be held responsible as a check against the abusive use of the internet, especially with the publication of defamatory statements. Creating of liabilities for third parties such as internet service providers and website owners is premised on the fact that they can take down such defamatory statements and on the other hand they pass on data to the sites where the defamatory statements can be accessed. Within the European legal framework, service providers are not out-rightly liable for the defamatory statements published on the internet by some other persons; they only become liable upon receiving notice of the defamatory statement and a refusal

FAMILY URGES POLICE SERVICE COMMISSION TO INVESTIGATE DCP

CONTINUED FROM PAGE 5

a Certificate of Occupancy registered as no 17, page 17 in Vol. 2003T situate at Lakowe Village, Ibeju Lekki, Lagos State from any person who occupies same without the consent or permission of the claimant”. The defendant in the suit no LD/4320/2014 filed by the company is an “unknown Person”. Speaking on behalf of the family at a press briefing last week, Ogundele also asked the Economic and Financial Crimes Commission (EFCC) to conduct investigations into the genuineness of the Certificate of Occupancy purportedly issued in respect of the village. According to the family counsel, during the invasion of the Oko-Olomi village, the alleged

same Ibeju-Lekki local government area. According to him, the said ruling, a copy of which was certified by Principal Administrative Officer, High Court of Lagos State, Epe, A.E. Adewuyi on April 14, 2016 “was invalid, stale and enforceable after a three month’s life span in view of Order 53 Rule 7” adding the ruling was obtained on July 6, 2015 and the expiry date was October 5, 2015”. He added that Justice Olokoba did not issue any warrant of possession of land in Oko-Olomi village, the execution was carried out without sheriffs in accordance with the provisions of Civil Process Act and judgment

land speculator, leading other hoodlums with the active participation of the Police, “pump action rifles, dane guns, cutlasses and axes were freely used to chase our clients and indigenes of Oko-Olomi from their ancestral home at Oko-Olomi. “Coupled with this, four people who sustained gunshot wounds and machetes injuries are now lying critically ill in the hospitals”, he explained. Ogundele further alleged that aside from the fact that the ruling said to have been obtained by a senior lawyer was outdated, it was wrongly executed on Oko-Olomi community instead of a parcel of land situated at Lakowe within

to take such a notice down. Hence, the underlining principle within the European jurisdiction is “Notice and Take-down”. While in the United States of America, the Communication and Decency Act governs internet liability for defamatory statements. The provisions of the Act allows for service providers to be able to remove content which in their opinion is abusive and obscene. Both jurisdictions by their legal framework have effectively protected the right to freedom of expression but at the same time checked the abusive use of the internet to defame other persons. Crucially, under the legal framework of both jurisdictions, an injured party is not viewed as a victim for whom the state obtains justice. An injured party, who has been defamed, is entitled to bring a civil action against the service providers and/or the website owner under the legal principle of secondary liability and where the wrong-doer is ascertainable, against the wrong-doer as well. Rather than criminalisation which is a derogation from the right to freedom of expression, the European Court of Justice within the European Union expanded the jurisdiction over which a Court can assume jurisdiction in order to appropriately cater for defamatory liability in the digital age. According to European Court of Justice established judicial precedents, an injured party can file a suit in the court with jurisdiction where the publisher resides or carries on his trade; in all jurisdictions where publication was distributed and in the state where the injured party’s aggregate interest lies. However, while the adjudicating court in a jurisdiction where the publisher resides or carries on his trade and/or the injured party’s aggregate of interest lies, such an adjudicating court shall have the right to award damages in respect of all the liabilities. But, where the injured party sues in jurisdictions where the publication was distributed, then the adjudicating court shall only award damages in respect of the damages arising from that state. While, there are no guarantees that defamatory statements would not be published on the internet, criminalisation of such publications would encumber the criminal justice system. To expand the liabilities of new digital actors new rights and liabilities should be created which adequately cater for the damages suffered by an injured party from the defamatory statement, while at the same time not constituting an administrative encumbrance on the executive who is responsible for the implementation of the law. Redefining the liability for defamatory publication in a digital era need not have a negative impact on the right to freedom of expression, as expressed in the Frivolous Publication Bill. Akinpelu, Ayokunle Oluwatobi a Nigerian lawyer writes from Netherlands.

Enforcement Rules, Laws of the Federation, 2004 and done on a Saturday and Sunday. When contacted, Police spokeperson, Zone 2, Adebowale Lawal, a Chief Superintendent of Police (CSP) however denied that the police were used to invade and molest the Oko-Olomi community. CSP Lawal mentioned that the Police went to the village based on a court order emphasising that their mission was to protect lives and property. “There was no form of molestation on the people. The Police is a responsible organisation and would not engage in such things nor act illegally”, he explained.

8/COVER

03.05.2016

‘The Scope of The ICC’s Jurisdiction Reaches Beyond any National or Regional Boundary’ The International Criminal Court was established to investigate and deal with atrocity crimes. It encourages state parties to co-operation with it in the prosecution of past and present leaders and with over 124 state parties, including 34 African countries that are signatories to the Rome Treaty under which the court operates,its reach is far and fast growing.Although the court has been criticised heavily for targeting African countries, though these countries have been crucial to its successes. Mr. Phakiso Mochochoko the Director, Jurisdiction, Complementarity and Cooperation Division at the ICC was the Keynote Speaker at the recently concluded 1st African Bar Leaders’Summit in Lagos. He fielded questions on the scope of the court and his office amongst other issues affecting the African continent from May Agbamuche-Mbu, Jude Igbanoi and Tobi Soniyi.

hat is the Jurisdiction, Complementarity and Cooperation Division of the Office of the Prosecutor (OTP) and where does it fit in the overall structure of the International Criminal Court? The Jurisdiction, Complementarity and Cooperation Division (JCCD) is one of the three main Divisions in the Office of the Prosecutor (OTP, Office), together with the Investigations Division (ID) and the Prosecutions Division (PD). While ID is in charge of the investigative activities of the OTP, and PD of its prosecutorial activities, JCCD has two main mandates: to conduct the preliminary examinations activities of the OTP (within the Situation Analysis Section) and to coordinate and galvanise the necessary cooperation and judicial assistance from the OTP’s relevant stakeholders (States, international and regional organizations, civil society, etc.) necessary for the OTP to fulfill its mandate, from the start of an investigation to the end of the trial. The establishment of JCCD is clear recognition that the judicial pillar of the Rome Statute system, i.e. the ICC, requires the strong, consistent and timely support from its enforcement pillar, State Parties, in order to effectively carry out its mandate. Complementarity is one of the foundational principles of the Rome Statute system. Could you explain the principle of complementarity of the court? The goal of the Rome Statute is to end impunity for the most serious crimes of concern to the international community as a whole and to contribute to their prevention. To achieve its goal of holding accountable the perpetrators of such crimes, the Statute created an interdependent, mutually reinforcing system of justice with a permanent International Criminal Court (ICC) complementary to national criminal jurisdictions. The principle of complementarity means that the primary responsibility to investigate and prosecute crimes within ICC jurisdiction lies with State Parties themselves, and the ICC is effectively a court of last resort which can only intervene when the relevant State is unable or unwilling to do so. Proceedings before the ICC should remain an exception to the norm. States must uphold their obligations to investigate and prosecute mass atrocities. Moreover, the Court will handle a limited number of cases. As a rule, the Office will select for prosecution those most responsible for the most serious crimes, based on the evidence. The strength of the system lies therefore in the possibility for shared responsibility and complementary action between the Court and the national judicial system. How does it work? It is not enough to passively remind States of their obligations to investigate and prosecute atrocity crimes. The Office’s role is first and foremost to investigate and prosecute its cases. However, the Statute provides for a sophisticated approach to generate national proceedings with elements of dialogue (“who is doing what”), cooperation (“we can help you if you need”) and drawing the lines based on the Statute (“we shall do it if you don’t”). The Office thus takes a positive approach to

Phakiso Mochochoko complementarity by combining efforts to prosecute those most responsible with proceedings at a national level against other potential perpetrators. The Office particularly encourages relevant national authorities and other entities to address barriers to genuine proceedings and to provide support for the victims of such crimes. You contributed to the two books edited by Professor Roy Lee: The International Criminal Court: The Making of the Rome Statute, Issues, Negotiations, Results (1999) and The International Criminal Court: Elements of Crimes and Rules of Procedures and Evidence (2001). You are also a joint contributor to “Internationalised Criminal Courts and Tribunals” edited by Cesare Romano, Andre Nollkaemper and Jann K. Kleffner. Could you give us a brief insight into the rationale behind the formation and operations of the court? For centuries, conflicts were resolved through the use of force without respect for the law. Nuremberg was a landmark because for the first time, those who committed atrocity crimes were held accountable before an international tribunal. But it took some time before the ICC was created. In Rome in 1998, a new and entirely different approach was adopted by 120 States who committed to put an end to impunity for the most serious crimes of concern to the international community and to contribute to the prevention of such crimes. They created an International Criminal Court, a permanent court,

with jurisdiction over genocide, crimes against humanity and war crimes, and potentially, the crime of aggression in the future. International criminal justice was not a moment in time any longer, neither an ad hoc post conflict solution: it became a permanent feature of international discourse. The Rome Statute created a comprehensive and global criminal justice system: • Substantive law has been codified in one detailed text; the content of different international conventions such as

"THE PRINCIPLE OF COMPLEMENTARITY MEANS THAT THE PRIMARY RESPONSIBILITY TO INVESTIGATE AND PROSECUTE CRIMES WITHIN ICC JURISDICTION LIES WITH STATES PARTIES THEMSELVES, AND THE ICC IS EFFECTIVELY A COURT OF LAST RESORT WHICH CAN ONLY INTERVENE WHEN THE RELEVANT STATE IS UNABLE OR UNWILLING TO DO SO"

the Genocide Convention and the Geneva Conventions have been incorporated; elements of crimes have been meticulously defined; based on the jurisprudence of the ad hoc tribunals the definition of sexual violence has been further elaborated; special emphasis has been put on sexual and gender-based crimes, as well as crimes against children; • Different legal and procedural traditions have been integrated into a new international model; victims have been given the right to participate in proceedings; their voice and interests formally included at different stages of the process; a trust fund has been created for reparations or compensation of victims; • The Scope of The ICC’s Jurisdiction Reaches Beyond any National or Regional Boundary; whereas the ad hoc tribunals were each limited in scope to a particular territory, the ICC is a worldwide criminal justice institution. Its jurisdiction extends over crimes committed on the territory or by the nationals of more than 124 State Parties (including 34 African States) that are Members of the Rome Statute System of justice; its jurisdiction could potentially extend to the entire world as the United Nations Security Council can refer situations in any country to the Court for its independent assessment of whether to take on those situation based on the applicable law; • Even more important, and the object of strong debate in Rome was the decision of States to give the Prosecutor the ability to trigger the Jurisdiction of the Court. By establishing the propio motu powers of the Prosecutor to open an investigation,

03.05.2016 the treaty creates a new autonomous actor on the international scene. Such a provision, which allows the Court to act without an additional trigger from States or the UN Security Council, ensures that the requirements of justice will prevail over any political decision. This is a key, defining provision for the new legal framework. You joined the International Criminal Court as part of the ICC Advance Team created to set up the Court in the Hague in 2002, your involvement with the process began with establishing the ICC in 1994 in your capacity as Legal Counselor for the Permanent Mission of Lesotho to the United Nations. What do you think the role of the International Criminal Court is in the world today? Could you comment on the ICC’s progress so far in carrying out its mandate? After Rome, the next challenge was to make this newly created institution and body of law operational, to transform the ideas and concepts into a working system. As part of the advance team, this was our objective for the first years. The challenging task of establishing an institution from nothing, without a budget, with no staff or a building, fell on the five Members of the Advance Team. Looking back at those years, it is striking to see what has been achieved to date. The entry into force of the Rome Statute in July 2002 ushered in a new era, an era of hope for victims of the worst crimes witnessed over centuries. From the first day we started work, the phones never stopped ringing and the small fax machine over-heated as victims of alleged crimes sent details of their complaints and asked for justice. In the absence of a Prosecutor and judges, all we could do was to acknowledge receipt of these complaints and carefully catalogued and stored them for the Prosecutor. Over a decade later, the Court is a fully functional institution. It has concluded cases, it has trials which are ongoing, it is conducting preliminary examinations around the world and more importantly, the decisions taken in courtrooms, have a deterrent impact in at least the 124 State Parties that have signed up to the Rome Statute. This means that over 2 billion people are under the protection of the ICC. How does the OTP select cases? What are the conditions for exercising the Court’s Jurisdiction outside its classification of War Crimes or Genocide? Is there an internal protocol for it? The mandate of the Office is to receive and analyse referrals and communications in order to determine whether there is a reasonable basis to conduct investigations into genocide, crimes against humanity and war crimes, and to investigate and prosecute persons alleged to be responsible for such crimes. According to the Rome Statute there are three ways that a case may be brought before the International Criminal Court: 1) A State Party can refer a situation to the Prosecutor; 2) The Prosecutor may initiative investigations on her own (proprio motu) on the basis of information received from reliable sources. In this case, the Prosecutor must seek prior authorisation from a Pre-Trial Chamber composed of three independent judges; and 3) The United Nations Security Council can refer a situation to the Prosecutor acting under Chapter VII of the UN Charter. The decision on whether or not to initiate an investigation on the basis of referrals or communications, as well as the selection of cases and individuals within a situation, is made by the Prosecutor in full independence, following the criteria established in the Rome Statute, the Office’s strategies and policies, and the existence of reliable evidence. Furthermore, the criteria applied by the Prosecutor in deciding whether to initiate an investigation are applied equally to all situations, irrespective of whether the situation has been the subject of a referral or the Prosecutor is acting on the basis of communications she received. The Prosecutor’s independent role in selecting situations and cases helps to ensure that the impartiality and integrity of the ICC is preserved. The Office applies consistent methods and criteria, irrespective of the States or parties involved or the person(s) or group(s) concerned. For instance, geopolitical considerations, or geographical balance between situations, are not relevant criteria for the Prosecutor’s selection of situations and cases. The International Criminal Courts have a specific mandate to try individuals whose actions appear to be connected to “the most serious crimes of concern to the international community” classified as Genocide, War Crimes, Crimes against Humanity, and the Crime of Aggression. However in our modern day we see the indelible link between the perpetration of such crimes and the support

COVER/9 and funding it receives from graft and grand corruption. Is it not time that the ICC takes on grand corruption itself because of its links to war crimes? Investigating the link between finance and conflict has been part of the Office’s strategy from its inception, in 2003. The assumption was and still is that in order to prevent such crimes, one needs to look at the dynamics that fuel a conflict. Conflicts seem to be largely driven either by ideology, hunger for political power, or the potential for financial enrichment, or a combination of all these. The Office’s financial investigations have three main goals: 1. Offering a different type of evidence against those most responsible, and by doing so, decreasing the number of physical witnesses which come with highly complicated protection issues 2. Identifying assets for victims’ compensation and reparations 3. Disrupting criminal organisations through asset freezing or other enforcement action by States using ICC information. One of the goals of the Office latest Strategic Plan is to develop with partners, a coordinated investigative and prosecutorial strategy to close the impunity gap. This is borne out of the reality that the large number of ICC crimes committed in situation countries as well as the connection to other related crimes (organised, transnational, financial, terrorism; human trafficking) form a serious challenge to closing the impunity gap. While the Office is mandated by the Rome Statute to investigate and prosecute ICC crimes when relevant States are either unable or unwilling to do so genuinely, it has no mandate to deal with other instances of criminality closely associated with atrocity crimes, even though such crimes often fuel the continuation of a conflict and can lead to the commission of ICC crimes. Other organisations at the international (e.g. Interpol, Europol and Eurojust) and at the regional and national level will need to take the lead if efforts to close the impunity gap for ICC crimes are to be effective. To be effective in ICC crimes prevention, the relationship with other forms of crimes needs to be mapped and strategies developed to prevent the continuation of the commission of crimes. The Office invites relevant jurisdictions and organisations to take the lead on addressing these other crimes. The Office is willing to contribute, where appropriate, and within its mandate and means, by sharing information and evidence in its possession that may be relevant to these interconnected areas of criminality. At the same time, the Office would be interested to explore how it can utilise and exploit existing information or evidence held by other jurisdictions or organisations working on these other types of criminality that may be relevant to establishing the criminal liability of alleged perpetrators of Rome Statute Crimes (genocide, crimes against humanity and war crimes) or with respect to offences against the administration of justice. The Preamble of the Rome Statute and the resolution of the ASP on complementarity issued at the 2010 Review Conference stress the need for measures at the national level and enhanced international cooperation to close the impunity gap and thus contribute to the prevention of crimes. The prevention of ICC crimes requires a collective effort and can take many different forms (e.g. educational and awareness campaigns, diplomatic intervention and brokering of peace efforts, peace keeping forces, economic growth and development, etc.). Within this context of integrated action, the Office has initiated a network with national law enforcement agencies and other specialised institutions and organisations to coordinate and strengthen the efforts to investigate and prosecute persons responsible for international crimes. This network can be used, among others, to support and foster domestic investigations and prosecutions of persons responsible for doing illegal business with armed groups in conflict zones. This can be done by exchanging evidence, mutually supporting investigations and by sharing expertise. The Office intends to contribute to this network by sharing with national authorities some of the information that it has obtained in the context of its own investigations, but also by facilitating contacts among national authorities and other specialised organisations and by sharing its experience in investigating and prosecuting crimes committed in conflict zones in an efficient manner. Through this type of support, the Office has for instance successfully contributed to the investigation by German authorities of two senior leaders of the FDLR (Forces Démocratiques de Libération du Rwanda), an armed group operating in the DRC, who have been arrested and are currently being prosecuted in Germany. The establishment of International Criminal

Justice Courts has been applauded by lawyers, NGOs and human rights activists because they identify internationally punishable conduct and seek to bring to justice individuals guilty of crimes of a very grave nature. Despite these objectives, there are lingering issues of cooperation and the political will which limit the effectiveness of these courts. Being the Head of the Jurisdiction, Complementarity and Cooperation Division. What challenges does the ICC face and how does the ICC navigate these challenges? There are a number of challenges that the Court faces: the Office operates in difficult terrains, conducting investigations and prosecutions in contexts of ongoing armed conflict or post-conflict instability: for instance in the eastern Democratic Republic of the Congo, where mass rape and other crimes continue to be a daily reality for women and girls, and men and boys, or in the Central African Republic and Mali, countries that continue to be embroiled by instabilities and insecurities. This necessarily complicates the Office’s efforts to provide justice, but also underscores the inextricable link between bringing justice to victims, and achieving peace. Furthermore, in most situations before the Court, conflict management and often specific peace negotiations have been underway while the Office’s investigations and prosecutions are proceeding. The role of the Court has never precluded or put an end to such processes. If anything, the “Shadow of the Court” has helped to isolate individuals wanted by the ICC, or to kick-start peace negotiations. Amongst other challenges, is the difficulty of matching resources to the expectations of State Parties, victims, communities affected by mass atrocities, and the international community as a whole. Proper funding will be key to ensuring that the ICC delivers on the promise of the Rome Statute. Operating in a highly politicised international environment, in which the role and function of the Court as a key player and judicial pillar in the international arena is often misunderstood, continues to be a major challenge. This has led to unfair and unjustified criticism of the Court. Such criticisms have served to strengthen the Office’s resolve and commitment to independently and impartially discharge the mandate entrusted to it by the Rome Statute, guided by nothing but the law and evidence, devoid of any political considerations. Respect for judicial independence and safeguarding the integrity of the judicial process from political interference is an important factor for the institution’s success. Witness protection is another challenge. The Registry of the Court is the organ responsible for the protection of witnesses. However, the Prosecutor has a statutory duty to protect people who are at risk due to their interaction with the Court. The Office has to carefully decide how it can collect evidence in a way that does not expose anyone to danger. Without going into details, suffice it to say that the Office uses, different ways to identify relevant evidence inside or outside the conflict country and confidentially interacts with its various interlocutors ensuring that appropriate protective measures are put in place when necessary. Increasingly, the Office is relying more on alternative forms of evidence in order to reduce the security risks to witnesses. The procedure of the court requires its prosecutors to personally go into a country to investigate reported cases. Given the level of insecurity and the fact that most of these cases are against immediate past heads of government who still exercise influence, does this not compromise investigations and put ICC prosecutors at a great risk? As mentioned before, the Office operates in

difficult terrains, carrying out investigations and prosecutions in contexts of ongoing armed conflict or post-conflict instability. Such situations will pose risks for staff members who have to travel to the field to collect evidence. To the extent possible and necessary, the Office conducts investigations without going into a country when security does not permit. Safety and security of ICC staff is a top priority and a paramount consideration for any deployment of staff. There have been reports that the African Union (AU) poses a challenge to the ICC especially with regards to the Al Bashir arrest. What is the working relationship between the AU and the ICC? While sceptics and naysayers have been at pains to question the legitimacy of the ICC and to portray a dooms day scenario of an institution that does not enjoy the support of the African Continent, facts point to the contrary. Not only has the African continent and individual African States been instrumental in the creation and functioning of the ICC, African States continue to provide the critical support and cooperation for ICC operations including the protection of victims and witnesses. Indeed, without such support, the ICC would not have recorded important successes such as the arrest and surrender of Thomas Lubanga, Bosco Ntaganda, Charles Ble Goude, Laurent Gbagbo, Dominic Ongwen, or more recently Ahmad Al Faqi al-Mahdi, to mention a few, neither would the Office have secured the necessary evidence to advance its various cases. In the exercise of its legal mandate, the ICC has been guided by nothing but the law and the evidence. The Office has and will continue to apply the Rome Statute provisions without fear or favour, and the Court’s decisions have been and will continue to be independent, impartial and fair. Unfounded accusations of ICC’s selectivity have also been rife. One only has to look at all the situations that are under preliminary examination by the Office to dismiss these allegations. As with all of its work, these preliminary examinations are undertaken with full independence and impartiality, and should the legal requirements be met, the Prosecutor will not hesitate to open investigations in any of these situations. As the Prosecutor has stated, as Africans, we should take pride in the many virtues of our picturesque Continent. But we must also recognise that there is much work to be done. There can be no doubt that we all want to see a prosperous and more peaceful Continent in which democratic values, the rule of law, and human rights are universally respected and advanced. Holding those responsible for these crimes accountable is key to the Continent’s success. Selective justice of holding others accountable while some are shielded from prosecution because of their status is tantamount to unbridled impunity for some. In this new century, on a balance, Africa has demonstrated a growing commitment to the rule of law and accountability for mass crimes and will continue to move in this positive direction. Ending impunity for mass crimes is not the preserve of any one institution – it is a common goal and aspiration that ties us all together in our shared quest for justice, peace and stability in Africa and beyond. The dilemma the ICC faces is that every situation, in which it is called upon to deal with, will always be politically volatile. Many interests may be at stake. However, justice for victims of crimes committed in these situations should never be sacrificed at the altar of political expediency. All misunderstandings, irrespective of their nature can be resolved through dialogue. It continues to be the Office’s strong belief that through frank and constructive dialogue, misunderstandings or misperceptions about the Office’s work and its mandate can be addressed. The Al Bashir situation also draws attention to a more fundamental limitation of the ICC which is the need for cooperation with nation states whose leaders are being investigated. How can the ICC move to overcome this drawback? Over the years the Office has stressed the importance of effective, timely, and tangible cooperation with the Court, in particular in the crucial areas of collection of evidence, witness protection, arrest and surrender of suspects as well as the enforcement of sentences. Statistics in each of these areas is a far cry when viewed against the 124 State Parties that have assumed obligations to fully cooperate with the Court. It is particularly disturbing that a number of suspects indicted by the Court remain at large after States invested so much in the investigations that culminated in the Judges’ decisions that these suspects have to answer charges. It is in our

CONTINUED ON PAGE 10

T H I S D AY • TUESDAY, MAY 3, 2016

BUSINESSWORLD

ENERGY AMENDMENT OF NLNG ACT AND THE AFTERMATH

justified in suo motu holding that paragraph 3 of Schedule 2 to the Nigeria LNG Act. Is unconstitutional (Ground 1 of Cross-Appeal). “(ii) Whether having regard to the pleadings, the findings of the court and the unchallenged testimonies of DW2 (an expert witness), the court below was right in failing to determine whether the respondent has an annual budget before coming to the conclusion that it falls within the companies referred to in S. 14 (2) (b) of the NDDC Act, 2000 (Ground 2 and 3 of Cross-Appeal).” The Appeal Court held that “in the instant case, from the materials on record, it is clear that the cross- respondent failed to establish that the cross-appellant has an “Annual budget” within the purview of the provision of section 14 (2) (b) of the NDDC Act”. According to the judgment by the Court of Appeal, “the cross-respondent’s reliefs 2 and 3 of the statement of claim remain dismissed. In the final analysis, the main appeal is dismissed, the cross-appeal is allowed. There shall be no order as to costs.” Dissatisfied with the judgment of the appellate court, the NDDC appealed further to the Supreme Court in October 2011 and the Supreme Court subsequently dismissed NDDC’s appeal, ruling that NLNG is legally exempted from paying the NDDC levy in accordance with the provisions of the NLNG Act. Eroding investors’ confidence Having exhausted all the legal options to collect the three per cent levy without success, the NDDC has apparently taken the battle to the National Assembly with the proposed amendment of the NLNG Act to ensure the remittance of the levy. A source close to NLNG, who also witnessed last Thursday’s public hearing on the issue, told THISDAY that Hon. Ogor’s argument in March 2016 that, “the NLNG Limited has not contributed a kobo to the NDDC fund as required by the NDDC Act, 2000 for about 27 years of its operation in the region, despite the huge earnings it has made,” when the Supreme Court judgment had exempted the company from contributing was a strange attempt to use legislative instrument to upturn the apex court decision. According to the source, it was also curious that Senator Nwaoboshi reportedly made similar comment, saying “It is not whether that they contributed certain percentage,” but that “the point is that they had refused to obey the law since year 2000,” when the records available showed that the apex court had dismissed a declaration sought by the NDDC that it was “entitled to receive from the defendants as part of its statutory funds, 3% of the total annual budget of the defendant for the years, 2000, 2001, 2002, 2003 and 2004 and in every year thereafter.” Also Ogor’s assertion that “this (nonremittance) is great injustice and dis-service to the people of the Niger Delta region” was also viewed by the source as an apparent incitement of the people of the oil-rich region against the company. NLNG’s Managing Director and Chief Executive Officer, Mr. Babs Omotowa told House of Representatives Committee on Gas Resources, during last Thursday’s public hearing on the matter that NLNG was one of the biggest promoters of Corporate Social Responsibility in the Niger Delta, supporting education, infrastructure development, and entrepreneurship. “As evidence of our commitment to the development of the Niger Delta, NLNG has spent $177 million in the areas of infrastructure, education in the region. So, it is not an issue of reluctance to support Niger Delta, but one of ensuring we work within the confines of the law and honour agreements and promises to maintain the valued reputation of our country in international business,” Omotowa was quoted as saying. Omotowa’s presentation at the public hearing that “the intervention of NLNG, more than any other single factor, has led to the progressive decline in Nigeria’s gas flaring profile over the years, from well over 65 per cent in the 1990s, to less than 20 per cent today” has also dismissed Hon. Ogor’s claim that the activities of NLNG and other oil and gas companies operating in the Niger Delta had polluted the area.

Speaker, House of Representatives, Hon. Yakubu Dogara The NLNG boss also noted that aside from the fact that the company is earning revenue for the federal government and its other shareholders, it is cleaning up the Niger Delta environment in the process. He argued that the current amendment effort is most unusual as it attempts to enforce the payment of a levy from which an entity is expressly exempted by a valid and subsisting legislation in which the federal government of Nigeria gave unequivocal undertakings and declarations that induced significant investments. “As far as we are aware, this is the first time in the history of legislative practice in Nigeria that a proposal is being made to amend a law for the sole purpose of imposing a levy against a company for the benefit of an agency of government. We urge the Honourable Committee not to lend itself to the establishment of an unjust precedent. To do otherwise would be to encourage other agencies of government who fail to make their case in judicial proceedings in court, to resort to legislative engineering to achieve what they failed to obtain in court,” Omotowa added. NLNG is owned by four shareholders - the federal government, represented by the NNPC (49 per cent), Shell Gas BV, SGBV, (25.6 per cent), Total LNG Nigeria Limited (15 per cent), and Eni International (N.A,) N. V. S. a. r. l (10.4 per cent). The NLNG project was on the drawing board for over 30 years until actionable agreements that offered incentives were reached to instill the confidence of reputable British, French and Italian investors to accept to commit such huge investment in the project.

Rather than dissipate energy in amending NLNG Act, which is akin to shifting a goal post at the middle of a match, the National Assembly should work out more mouthwatering incentives for investors to encourage the signing of the Final Investment Decisions (FIDs) for Brass LNG and Train 7 of NLNG to boost federal government revenue

Chairman, House Committee on Gas Resources, Hon. Fred Agbedi

The country cannot afford to renege on such agreements used to woo the investors at this point to avoid eroding the confidence of foreign investors in Nigeria’s operating environment. Rather than dissipate energy in amending NLNG Act, which is akin to shifting a goal post at the middle of a match, the National Assembly should work out more mouth-watering incentives for investors to encourage the signing of the Final Investment Decisions (FIDs) for Brass LNG and Train 7 of NLNG to boost federal government revenue. Omotowa had argued that the “incentives which have been granted to NLNG are not peculiar to Nigeria”. “They were granted to encourage investments in gas utilisation to reduce flaring which had become a major problem for the country. Examples of similar incentive initiatives abound in Angola (12 years), Oman, Malaysia, Qatar and Trinidad (up to 10 years). Other more generous incentive schemes also exist in Nigeria, in the Free Trade Zones,” he said. NLNG has also become the country’s cash cow and according to Omotowa, the country has reaped over $33 billion from its initial investment of only $2.5 billion. “The Act enabled the company to grow from its original 2-Trains to 6-Trains, creating an asset base of $19 billion, 49 per cent of which the federal government owns,” he added. It has been argued that laws are not made for or against an individual or a company but for companies and people, for the benefit of all. So, proposing the amendment of a law just to impose levy against a particular company in favour of just one agency of the government will send strong signals that Nigeria does not respect the sanctity of contracts and agreements. Foreign investors were thrown into shock on May 3, 2013 when the Nigerian Maritime Administration and Safety Agency, (NIMASA) used the facilities of Global West Vessels Specialists Limited (GWVSL), to block access to the Bonny Channel, thereby hindering the vessels of NLNG from leaving or reaching the area. NIMASA, which took the action to enforce the payment of certain levies, had insisted that the levies were in line with Section 43 of the Coastal and Inland Shipping Act (Cabotage Act), CAP C51, Laws of the Federation of Nigeria, 2004 due to personal gains. The disputed levies allegedly accrued from three per cent of gross freight on all international inbound/outbound cargoes from NLNG ships or shipping companies operating in Nigeria including their agents, subsidiaries, contractors and sub-contractors for three years contrary. According to NIMASA, the refusal of NLNG to pay was contrary Section 15 of the NIMASA Act, CAP N161, Laws of the Federation of Nigeria, 2007, Coastal/Inland Shipping Act (Cabotage Act), CAP C51, Laws of the Federation of Nigeria, 2004. NIMASA had dragged NLNG to court but later withdrew the court action over concern that it might lose as NDDC and resorted to self help.

Though NIMASA gave an assurance that “for the avoidance of doubt, our action is carefully planned to avoid loss of lives or damage to property,” the blockade took tolls on both Nigeria and NLNG’s reputation and led to loss of $1 billion revenue. At the April 2016 Lunch organised by the Petroleum Club in Lagos, Omotowa revealed that 70 per cent of the $1 billion lost by the NLNG was revenue due to the federal government. According to him, NIMASA was claiming $160 million levy, while the NLNG Act – Sections 6 (8-10) and Sections 7 (7) provide exceptions to attract investments. He alleged that NIMASA ignored court orders, thus causing reputational damage to both Nigeria and the NLNG. According to him, NLNG is currently making monthly payments ‘under protest’ pending the resolution of the dispute by the court, stressing that $250 million has been paid to NIMASA till date. While awaiting the decision of the court on the dispute between NLNG and NIMASA, the National Assembly or any agency of the federal government should not engage in acts that would portray Nigeria as unsafe for investments. NLNG is no doubt, the most successful company in Nigeria in terms of generating revenue to the federal government. However, instead of every agency of the government clamouring to grab from the company, government should provide incentives for investors to sign FIDs for other LNG projects to boost government’s revenue. With more countries in the sub-saharan Africa producing oil and gas, Nigeria is no longer the final destination to investors, hence the government should not initiate laws that will threaten the sanctity of existing contracts or force potential investors to take their money elsewhere. Nigeria previously accounted for 10 per cent of the global LNG supply but this has since dropped to about eight per cent on account of other countries’ progress in the LNG business and the lack of new investment to consolidate Nigeria’s position in the global LNG market. Omotowa had also raised the alarm on Nigeria’s dwindling investment in LNG, saying that with no new investments, the country would possibly drop from her current position of 4th world’s largest exporter of LNG to 10th position by 2020. The NLNG boss, who said his company had earned $90 billion revenue since 1999, also declared that NLNG elevated Nigeria to number four exporter of LNG in the world, after Qatar, Malaysia and Australia. According to the data on the global exports of LNG in 2014, Nigeria was ahead of Indonesia, Trinidad, Algeria, Russia, Oman, Yemen, Brunei, UAE, Peru, Equatorial Guinea, Norway, Papua New Guinea, US, Egypt and Angola. But with no new investments to support Nigeria’s position in the global LNG market, it is feared that the country’s position would possibly drop to 10th by 2020.

T H I S D AY • TUESDAY, MAY 3, 2016

BUSINESSWORLD

ENERGY

The Onslaught against Hunger With hunger identified as the fulcrum around which most socio-economic vices revolve, former President Olusegun Obasanjo, the International Institute of Tropical Agriculture, the World Food Programme, and other stakeholders have initiated a major offensive to end hunger before the year 2030. Crusoe Osagie reports

Obasanjo With the world rid of hunger, numerous other social economic benefits will follow inevitably. The decision, therefore, to pick a target to end hunger in the year 2030, by the proponents of the Sustainable Development Goals (SDGs) as the number two prime target, rightly captures the enormous importance of global food security. With chronic hunger, hidden hunger and all other facets of hunger out of the way, some of the worst challenges facing human kind such as terrorism, financial crime, senseless migrations among others will certainly face inevitable decline. Be it consciously or otherwise, hunger and its conjoined twin called poverty, are precursors of some of the worst behavioural patterns in the world today. When they are taken out, the world can begin to hope to launch a new world order less burdened by violence. With the understanding of the importance of winning the war against hunger therefore, the World Food Programme (WFP), in collaboration with former President Olusegun Obasanjo, the International Institute of Tropical Agriculture (IITA) and the federal government, weekend unveiled a road map of activities to ensure that Nigeria is one of the countries that will prevail over hunger in the next 15 years. Under the leadership of Obasanjo, all the collaborators inaugurated the ‘Nigeria Zero Hunger Strategic Road Map’ at IITA international headquarters in Ibadan, Oyo State. Providing direction and introducing the terms of reference of the programme, Obasanjo underscored the importance of the initiative both to Nigeria and Africa. According to the former president, the initiative “is the beginning of a new journey that will redefine the destiny of hundreds of millions of people of Africa in general and Nigeria in particular. “This day is significant as we jointly put our efforts together to draw a road map that will unlock the potential of our nation and emancipate our dear country from the shackles of hunger and poverty. Over the past decades, poverty levels have declined worldwide but

WFP Executive Director, Ertharin Cousin in most African countries the levels declined marginally, remained stagnant or have even become worse. He explained that available data clearly indicated that in most African nations, people are still living on less than $1.25 per day, stressing that Africa, in recent past, recorded substantial economic growth which he said did not seem to have impacted on the poverty levels. “Statistics from the United Nations show that Africa has the second largest number of hungry people and is the region that has the largest number of undernourished people. Africa including Nigeria is still lagging behind and grappling with the issues of unemployment, gender inequality, low

Statistics from the United Nations show that Africa has the second largest number of hungry people and is the region that has the largest number of undernourished people

IITA DG, Dr-Nteranya-Sanginga

wages and low productivity. “To address the problem of poverty and promote sustainable development, the United Nations Millennium Declaration was adopted in September 2000 by Heads of States committing countries both rich and poor to do all they can to eradicate poverty, promote human dignity and equality and achieve peace, democracy and environmental stability. Specifically the goals of the declaration were: eradicate extreme hunger and poverty, achieve universal primary education, promote gender equality and empower women, reduce child mortality, improve maternal health, combat HIV/AIDS, malaria and other diseases, ensure environmental sustainability, and develop a global partnership for development. This was a holistic attempt to encourage the international community to stop talking about making a difference in the developing world and join forces to start doing something about it.” Obasanjo said it was instructive to note that with Nigeria’s population of over 160 million, “even if we had met all the targets of the MDGs, we wouldn’t have been able to solve all the developmental challenges of the country. But it is important to note that more than meeting the targets set, the MDGs drew together in a single agenda, issues that require priority to address the development question. Besides they (MDGs) received tremendous endorsement and backing by world’s governments, and lastly explicit resources were committed to achieving the MDGs. “In 2015, the MDGs came to an end and today we have the Sustainable Development Goals (SDGs)—a set of 17 goals comprising 169 targets and indicators for reducing poverty and improving environmental sustainability. The SDGs which have come to replace the MDGs, and will end in 2030, are based on six essential elements: dignity, people, prosperity, our planet, justice and partnership. Specifically, the SDGs are set to achieve the following: No poverty, Zero Hunger, Good health and wellbeing, Quality education, Gender equality, Clean water and sanitation,

Affordable Clean energy and Decent work and economic growth among others. “Though the SDGs are laudable, the key to achieving them depends on implementation and our collective will. The task of attaining the SDGs cannot be left for the government alone, neither can it be left for the civil society nor the private sector. It is going to take the collective effort of each and every citizen of this great nation and our partners. It will require our collective change of mindset to at first identify the opportunities that abound. It is in this context that we have invited you to this meeting. We will be looking at the second goal of the SGDs which is Zero Hunger. Our main focus will be to clearly articulate what the country needs to do to achieve the SGDs,” he noted. Also, commenting on the importance of the programme, Senator Abdulahi Adamu, a farmer, who is also the chairman of the Senate Committee on Agriculture, stressed the need to pursue the goal of ending hunger and poverty even before 2030, stressing that a legal frame work for the objective will be one of the milestones. He called for the partnership of the private sector, the civil society organisations and international development agencies noting that only a milti-stakeholder approach can result in the success of the programme. Other speakers at the event included the Minister of Health, Prof. Isaac Folorunso Adewole; Country Representative of the Food and Agriculture Organisation (FAO) Louise Lobisa Setshwaelo; the United States Agency for International Development (USAID), UNICEF, and the Ambassador of the European Union to Nigeria and ECOWAS, Mr. Michel Arion, among several others. At the end of the conference, eight subcommittees emerged to manage various segments of the plan to deliver a nation where hunger has been permanently subdued. There was also a tentative agreement that by the middle of December 2016, the blueprint of hunger emancipation would have been produced and handed down for implementation.

T H I S D AY • TUESDAY, MAY 3, 2016

PROPERTY & ENVIRONMENT Report: Nigeria, Others Face 10% Loss in Working Hours Due to Heat Emerging economies, including Nigeria, face as much as 10 per cent losses in working hours because of deteriorating thermal conditions in the workplace arising from climate change, according to a new report released by the UN, writes Bennett Oghifo

he estimated losses imply adverse consequences of a similar scale to economic output, or GDP, for a wide range of developing countries, including India, Indonesia and Nigeria, as highlighted by the report. Nigeria has been hit recently by searing heat wave that pushes outdoor temperatures to as high as 47o C in Lagos, a coastal city in the southern part of the country that experienced relatively lower temperatures at this time last year. Recently, the Nigerian Meteorological Agency (NIMET) warned about the hot days, warm nights and heat waves being experienced across the nation. The agency’s forecast says the disconcerting heat waves would persist in the days and months ahead because it is a global phenomenon attributable to global warming/climate change. On account of this, global average air temperature of the earth is already 1°C hotter than it was at the start of the twentieth century. According to the study, strengthening current plans for greenhouse gas emission cuts under the Paris Agreement on climate change would significantly reduce the economic and public health impact of escalating workplace heat. The findings were presented at International Labour Organization (ILO) headquarters in Geneva, together with the 43-member Climate Vulnerable Forum, the United Nations Development Programme (UNDP), ILO, the International Organization for Migration (IOM), the International Organization of Employers (IOE), UNI Global Union, the International Trade Union Confederation (ITUC), ACT Alliance, and with the support of the World Health Organization (WHO). The release marked International Workers’ Memorial Day, with the report calling excessive workplace heat a well-known occupational health and productivity danger behind growing risks of heat exhaustion, heat stroke and, “in extreme cases”, death. The joint study, “Climate Change and Labour: Impacts of Heat in the Workplace” is based on updated research into labour-related effects for different economies exposed to increasingly extreme thermal conditions because of climate change. The report says more than one billion employees and their employers and communities in vulnerable countries already grapple with such severe heat in the workplace, and that the impact of climate change on labour is not being adequately accounted for by international and national climate or employment policies. For one country, the report found that reductions to total available working hours due to climate change had already reached an estimated 4 per cent by the 1990s, highlighting the current nature of the challenge. Highly exposed zones include the Southern United States, Central America and the Caribbean, Northern South America, North and West Africa, South and South East Asia, according to the report. Especially vulnerable are Least Developed Countries, Small Island Developing States (SIDS) and emerging economies

Work hours are lost due to heat

with high concentrations of outdoor labour and industrial and service sector workers operating in ineffectively climate-controlled conditions. “Even with the stronger 1.5-degree Celsius limit settled on under the Paris Agreement, key regions would face almost an entire month of extreme heat each year by 2030 (2010-2030),” the report finds. “Such heat reduces work productivity, increases the need for work breaks and elevates risks to health and occupational injuries-effects that also entail lower productive output on a ‘macro-scale,’” according to the study. According to the report, “when it is too hot, people work less effectively out-of-doors, in factories, the office or on the move due to diminished ability for physical exertion and for completing mental tasks. “Governments and international organizations have long put in place standards on thermal conditions in the workplace. But climate change has already altered thermal conditions,” and “additional warming is a serious challenge for any worker or employer reliant on outdoor or non-air conditioned work.” Levels of heat are already “very high” even for acclimatised populations, it noted. Technical development of the joint report was based on research of the High Occupational Temperature Health and Productivity Suppression (Hothaps) program of the Ruby Coast Research Centre, Mapua, New Zealand, led by Tord Kjellstrom. Speaking at the report’s launch, Cecelia Rebong, Permanent Representative of the Philippines to the UN, said the impact of heat in the workplace adds “another layer of vulnerability to developing countries already reeling from

the adverse impacts of climate change.” The need to limit global warming was “urgent and critical,” she added. Climate change agreement… Last December in Paris, an historic agreement to combat climate change and unleash actions and investment towards a low carbon, resilient and sustainable future was agreed by 195 nations. The Paris Agreement, for the first time, brought all nations into a common cause based on their historic, current and future responsibilities. The universal agreement’s main aim is to keep a global temperature rise this century well below 2 degrees Celsius and to drive efforts to limit the temperature increase even further to 1.5 degrees Celsius above pre-industrial levels. The 1.5 degree Celsius limit is a significantly safer defense line against the worst impacts of a changing climate. Additionally, the agreement aims to strengthen the ability to deal with the impacts of climate change. To reach these ambitious and important goals, appropriate financial flows will be put in place, thus making stronger action by developing countries and the most vulnerable possible, in line with their own national objectives. “The Paris Agreement allows each delegation and group of countries to go back home with their heads held high. Our collective effort is worth more than the sum of our individual effort. Our responsibility to history is immense” said Laurent Fabius, President of the COP 21 UN Climate change conference and French Foreign Minister. The minister, his emotion showing as delegates started to rise to their feet, brought the

final gavel down on the agreement to open and sustained acclamation across the plenary hall. French President Francois Hollande told the assembled delegates: “You’ve done it, reached an ambitious agreement, a binding agreement, a universal agreement. Never will I be able to express more gratitude to a conference. You can be proud to stand before your children and grandchildren.” UN Secretary General Ban Ki-moon said: “We have entered a new era of global cooperation on one of the most complex issues ever to confront humanity. For the first time, every country in the world has pledged to curb emissions, strengthen resilience and join in common cause to take common climate action. This is a resounding success for multilateralism.” Christiana Figueres, Executive Secretary of the UN Framework Convention on Climate Change (UNFCCC), said: “One planet, one chance to get it right and we did it in Paris. We have made history together. It is an agreement of conviction. It is an agreement of solidarity with the most vulnerable. It is an agreement of long-term vision, for we have to turn this agreement into an engine of safe growth.” “Successive generations will, I am sure, mark the 12 December 2015 as a date when cooperation, vision, responsibility, a shared humanity and a care for our world took centre stage,” she said. “I would like to acknowledge the determination, diplomacy and effort that the Government of France have injected into this remarkable moment and the governments that have supported our shared ambition since COP 17 in Durban, South Africa,” she said.

NIESV: FG Must be Involved in Social, Commercial Housing

he Nigerian Institution of Estate Surveyors and Valuers, (NIESV) has urged the federal government to actively participate in housing provision in the country because of its socio-economic benefits. The President of NIESV, Dr. Joshua PatunolaAjayi said this during his maiden media briefing after assuming office as the president of the institution.

According to Patunola-Ajayi said, “The government must be involved in two key areas: social and investment housing that will incorporate everyone.” He said once the government embarked on massive construction of houses, jobs would be created for the youth. The institution, he said would do all that was necessary “to increase its membership, improving professional practice and public perception of the profession and building on international

affiliation in the next two years. “Membership of the institution is just about 5000 compared to the population of the country, so we are looking at creating awareness for members to register and come in to practice. In addition, he said the institution intends to train more real estate agents under the Association of Estate Agents in Nigeria (AEAN), which he said was created to check quackery about two years ago.

He said, “AEAN is one of the best things to have happened to estate agency and we are working in phases to improve their activities. Presently we are doing prequalification of members.” “We are also setting a higher standard to ensure quality so member will go through modern technology-based procedure. “We also want to intensify disciplinary measure so as to protect the profession’s image.”

T H I S D AY • TUESDAY, MAY 3, 2016

PROPERTY & ENVIRONMENT

Exco Restores Facilities in Firm, Access Bank in Court over Alleged Missing Title Apapa Boat Club Document The once dilapidated Apapa installed new petrol pump Boat Club has been rehabilitated by the new executive committee that refurbished all its facilities. According to the Commodore of the club, Mr. Mike Towler, the club, located off Olorogun Michael Ibru Boulevard (former Creek Road), Apapa, Lagos was in a state of disrepair until his committee came on board in March last year and began the restoration of the once famous club. He pointed out that the idea of the upgrade began when members called for an AGM to “kick out the former executives.” Towler explained that “everything wasn’t working. Water, the kitchen, bar, restrooms; the accounting systems were all in total wreck. There was a lot of concern because of the great history of the club. Even the horrendous traffic situation has negatively affected the frequency at which our members come to the club.” “We have brought back the glory of the club. We have renovated the restroom, we now have clean and safe water, the kitchen is renovated. We also bought new tractors,

and diesel pump. We have also replaced the new stone rails with stainless aluminium and glass. We also installed 84-inch smart television.” Corroborating Towler, the Social Secretary of the club, Lynda Blundell, noted that the new committee has also streamlined the membership, ensures that the club’s accounts are always paid on time and also introduced membership identification cards “to allow our members access to Lagos Motor Boat Club and Lagos Yacht Club.” Blundell also added that “structurally, we have refocused the club, and we have achieved a lot since we took over. We are aiming to make Apapa Boat Club the top social club in Lagos. This is primarily fishing and boating club. We want everybody to participate in our fishing competitions, since it can be easily done in the creeks. We have achieved a hell of a lot.” Towler praised the Ibru Organisation, Yinka Folawiyo Group, Impacto Group and Mr. Sami Omai for their invaluable assistance to the club.

AfDB 2016 Annual Meetings to Focus on Energy, Climate Change Fadekemi Ajakaiye The Africa Development Bank (AfDB) 2016 Annual Meetings this month in Lusaka, Zambia will focus on energy and climate change, the Bank has said. “This year’s meeting will be focus on ‘Energy and climate change’ – a timely theme for the world and particularly Africa, given that about 645 million Africans do not have access to electricity, 700 million have no access to clean cooking energy, and 600,000 die each year from indoor pollution from reliance on biomass for cooking,” said AfDB acting Vice-President for Corporate Services, Nnenna Nwabufo. The Bank commended the Government of Zambia for its commitment to successfully host the Bank’s 2016 Annual Meetings. The preparations for the hosting of the AfDB meetings, which will take place from May 23 to 27 in the capital Lusaka have reached an advanced stage, said Nwabufo. “We have seen Government’s commitment at the highest level and we are impressed with the preparations so far. We look forward to the all the delegates coming to enjoy the hospitality that the country has to offer,” she said recently at a joint AfDB-Zambia press conference in Lusaka. Nwabufo, who is leading the AfDB Annual Meetings mission in the country, said that the Bank has seen the authorities’ commitment to ensuring that the meetings

are a success. Each year, an estimated 2,500 delegates from around the world attend the meetings, which bring together African and external actors to share ideas and experiences on mapping the future of Africa in an inclusive and sustainable way. Zambia Secretary to the Treasury, Fredson Yamba, represented the host country at the Wednesday press conference. Yamba said preparations for the meetings have reached an advanced stage, adding that the overall implementation of the preparation plan is on track and facilities will be completed on schedule. “We have been working closely with the AfDB in this process and also in liaison with private sector organizations,” he said. The Bank said, since 1971, it has committed more than USD 2 billion to Zambia. The Bank’s support is directed towards public sector infrastructure projects in agriculture, industry, water and sanitation, energy, the social sector (education and health) and transport. Additional support valued at USD 80 million has gone towards the country’s private sector. Zambia also benefited from debt relief valued at USD 452 million under the Heavily Indebted Poor Countries (HIPC) and the Multilateral Debt Initiatives. As at end of December 2015, the Bank’s portfolio in Zambia consisted of 19 ongoing and approved operations (16 national and three multinational projects) with a total value of 633 million Units of Account (USD 886 million).

Akinwale Akintunde

A Lagos-based company, Mcdonald Scientific Emporium Limited (MSEL) has dragged Access Bank Plc to court over an alleged missing title document. MSEL is a limited liability company, which engages in sales and services of scientific and medical materials, safety and laboratory equipment to schools, hospitals, laboratories and food industries, with head office in Lagos. In the suit filed before a Lagos High Court sitting at Tafawa Balewa Square , the firm is seeking the court’s approval to recover its alleged missing original Deed of Assignment (Title Document), registered as No. 16 at Page 16 in Volume 2180 of the Land Registry Office of Lagos. The claimant (MSEL) is accusing the bank of negligently misplacing or refusing to return the document even after it made several attempts to retrieve the said title document. The firm stated that the continued withholding of the document by Access Bank has hindered its access to credit facilities from other banks as it has always enjoyed good patronage of Nigerian banks over the past 15 years to the extent that out of their own free will and volition, marketing officers of the various banks come to its office just to market their banking products (i.e. various kinds of credit facilities) to it and to solicit its patronage for their respective banks. It further stated that from the commencement of its business, it had always financed its business transactions with credit facilities obtained from banks

in Nigeria, adding that good examples of its credit financing, are the Intercontinental Bank Plc term loan which led to present suit as well as the FCMB takeover/stock purchase loan which the Defendant (Access Bank), frustrated and facilities obtained from Zenith Bank Plc in the past. The claimant said it is on the strength of this goodwill that an offer letter dated 15th September, 2008, by Intercontinental Bank Plc (now Access Bank) approved the extension of a term loan facility to it. As it put it, the offer letter required the security for the loan which included but not limited to a legal mortgage on property located at Plot 152 Raymond Iromaka Close by Festac/Amuwo Odofin Bridge, Amuwo Odofin, Lagos, covered by Deed of Assignment registered as No. 16 at Page 16 in Volume 2180 of the Land Registry Office in Lagos. The said property is owned and is registered in the name of the Claimant. Claimant said it accepted the offer and thereafter deposited the original title document with Intercontinental Bank (now Access Bank) being a condition precedent for drawing down the facility. According to the claimant, in another bid to raise the sum of N64,944,306.84, it approached First City Monument Bank Ltd (FCMB) to seek a loan facility. By a letter dated 29th August, 2014, FCMB offered the Claimant a takeover loan facility. By virtue of the takeover loan, FCMB was to lend the Claimant some amount of money for two purposes to wit: To finance the replenishment of Claimant’s stock in preparation

for the massive annual sales of August and September 2014 and to liquidate the claimant’s total outstanding indebtedness to the defendant as at that date using the claimant’s title deed deposited with the defendant as security for the loan. Despite the fact that the defendant acknowledged the custody of the document and said in a letter to Mcdonald that it “would be willing to release the original title document with the Deed of Release of mortgage to the bank,” it has neither responded to same nor has it released the original title documents to FCMB as requested up till date, and all efforts and entreaties made to the defendant to release the original documents to FCMB has since proved abortive. The claimant stated that due to the defendant’s negligence, failure and/or deliberate refusal to release the said title documents to FCMB, FCMB was constrained to withdraw the said offer letter for loan. The claimant is therefore asking the court to declare that its original Deed of Assignment dated 13th August 2007 and registered as No. 16 at Page 16 in Volume 2180 of the Lands Registry Office in Lagos in respect of the property located at Plot 152 Raymond Iromaka Close by Festac/Amuwo Bridge, Amuwo Odofin, Lagos (which the Claimant deposited with the Defendant as security for banking facilities granted by Defendant to Claimant) is in the possession of the Defendant. It is also praying the court to declare that the Defendant’s failure, refusal and/or negligence to respond to First City Monument Bank’s letter

dated 17th November 2014 by confirming to First City Monument Bank that the Claimant’s original title document is in the Defendant’s possession (so as to enable FCMB liquidate Claimant’s N9,409,089.45 debt to Defendant) amounted to negligence and breach of the Defendant’s fiduciary obligation and duty of care to the Claimant. The firm is also seeking an order of court compelling the Defendant to immediately produce the said original Deed of Assignment and hand it over to the Claimant. The claimant also wants an order compelling the Defendant to pay special damages in the sum of N82,599,386.92 being loss of income/profit it suffered as a result of the Defendant’s failure, refusal and/or negligence to confirm to First City Monument Bank that Claimant’s original Deed of Assignment is in the Defendant’s possession. However, Access Bank In its own averment stated: “The said title document registered as No 85 in Volume 77 at Federal Lands Registry in the office at Lagos deposited as security for the loan granted by the bank was returned to the claimant (Mcdonald) with a Deed of Release which was issued in the claimant’s favour.” The bank (defendant) also claimed that the Deed of Assignment which the claimant seemed to be relying upon as its title to the property which was executed between one Philip Kayode Olusegun Ojo and the claimant does not have any registration details as a Deed of Assignment duly registered at the Lagos State Lands Registry, Alausa, Ikeja.

Prototype of Lekky Apartments

Megamound Plans Apartments in Lekky County Property developer and promoter, Megamound Investment Limited, has introduced County Apartments into its exclusive Lekky County Estate. Known as Lekky Apartments, the property comprises essentially 3-bedroom wellserviced apartments. The initiative, officials said was both conscientious and strategic because they were aware that not every interested home

buyer could afford the large sum required to buy homes in the estate’s premium bracket. The Managing Director/ CEO of Megamound Investment Limited, Otunba Olumide Osunsina unfolded this plan when the company hosted a cross section of the media to a briefing held recently at the estate. County Apartments is strategically located at Ikota, in

the neighbourhood of Oluwa Ni Sola (Eleganza Plaza), five minutes’ drive from the Chevron Headquarters, off the Lagos-Epe Expressway. The project is located at Lekky County Estate with the designated land for this project measuring approximately 1.78 hectares. The CEO of Form Design, the architectural firm handling the project, Tomi Opanuga

explained the concept of the development: “The site concept creates a suburb social community living that provides its utilities and facilities to its occupant’s daily living.” He said the development would comprise 10 blocks of 12 flats per block. The apartment block of flats comprises three floor levels with a common parking and entry way on the ground floor.

T H I S D AY • TUESDAY, MAY 3, 2016

PROPERTY NEWS

Developer Urges FG to take Responsibility for Leased Properties Dele Ogbodo in Abuja The Federal Government has been urged to take active interest in protecting its properties scattered all over the country, especially those concession to states, corporate interests and individuals. Property Developer and Chief

Executive Officer of BHS International, Otunba Olu Adenodi, while addressing newsmen in Lagos recently stated that government should encourage harmonious relationship with the state in which its property resides. According to him, a cordial relationship between all the parties would ensure

that the concessionaire’s interest was not jeopardized. He urged government to secure a ‘No objection approval’ not only to ensure the success of the project, but also to check the unnecessary hurdles placed in the way of lease holders and investors. He added that it could also

expose the government to damages in several billions of dollars as seen in the case of the former federal secretariat in Lagos, where an arbitration panel ordered the government to pay a whopping sum as damages for breach of contract. Adenodi enjoined the government to fulfill its obligation

by facilitating the requisite approvals, particularly the ‘no-objection approval’ where necessary to the change of use of the facilities involved. According to him, “Government’s failure to fulfill its obligation to assert ownership will put the concessionaire into a precarious position and hinders

its financial obligation to lenders and investors. “Furthermore, if not properly protected or checked, Governors of states where Federal Government properties are situated or located will start taking interest with a view to convert or take over such facilities from the government.”

FHA to Partner Turkish Companies in Housing The Federal Housing Authority (FHA) will partner with Turkish companies to facilitate the realisation of the Federal Government’s housing development target, the Managing Director of the Authority, Professor Mohammed Al-Amin has said. Al-Amin, on a visit to the Turkish Embassy in Abuja said he was there as a follow-up to the recent visit to President Muhammadu Buhari by Turkish President Tayyip Erdogan. He noted that that housing featured prominently in the discussion between the two Presidents on areas of possible economic cooperation between the two nations during the visit. The FHA boss said the Federal Government proposed to build one million housing units yearly as a way of combating Nigerian’s estimated 17 million housing deficit. According to the plan, he said it was envisaged that the Federal and State governments would build 250, 000 housing units each while the balance of 500, 000 would be taken up by domestic and foreign investors. He said the Federal Governent had matched its words with action by passing a budget of N44 billion to take care of its own commitment

which would consist solely of social housing units. Praising the friendly relations between Nigeria and Turkey, Al-Amin noted that Turkish housing products were of high quality and enjoined the Commercial Counselor, Dr Ahmed Zafer Gulsen who received him, to encourage companies from his home country to come and partner with the FHA through: Mass production of building materials; contribution of construction finance and technical expertise; and housing construction. The FHA chief executive paid glowing tribute to Turkey’s rich history and noted that the country occupied a strategic geographical position at the intersection of Asia and Europe. He praised the friendly relations between Nigeria and Turkey. Responding, Dr Gulsen said he would do his best to facilitate the coming of Turkish companies to take up the opportunities offered by the FHA. He promised to forward the request to his home Ministry of Economy which he said would seek out the appropriate Turkish companies to partner with the authority.

Novare Lays Foundation of $100m Shopping Mall in Abuja Comfort Ogbonna in Abuja Renowned property and estate developer, Novare Real Estate Africa (NREA), has pledged to attract over $300 million worth of Foreign Direct Investments (FDIs) in property development in Abuja. According to the firm, which recently commenced the construction of its $100 million Gateway Mall in Federal Capital Territory (FCT), the development of its properties in the nation’s capital would empower over 5,000 workers through direct and indirect employment opportunities. Prof. Fabian Ajogwu, SAN, the Chairman, Gray Bar Alliance Limited, owners of Novare Gateway, stated that NREA had developed four commercial properties across major cities in the country. He disclosed this during the foundation laying ceremony of the Gateway Mall in Abuja, which was done by the Minister of the FCT, Mohammed Bello. The chairman said: “The Novare mall projects in Abuja

alone (Apo shopping mall, Gateway mall and the Central Office Park) aims to invest over $300m of FDIs, and in Lagos the group has already invested over $100 million in mall development. The group’s investment by 2017 would be a little over $0.5bn. “I must state at this juncture that the relevance of this project transcends financial value, from the development stage until the date that it becomes operational, it will empower over 5,000 with direct and indirect employment.” He further stated that the Novare Gateway Mall was driven by foreign direct investment valued at over $68 million in the stage one development, and was funded by a debt-equity hybrid financing. “At its final stage, about $100m would have been invested in it. The mall is designed to be a world class retail shopping complex with state of the art facilities and exquisite architecture built to the highest international standards,” Ajogwu said.

L-R: Former Chairman, Senate Committee on Security and Intelligence, Senator Mohammed Magoro; Chairman, Novare Gateway Mall, Prof Fabian Ajogwu; and Minister of the Federal Capital Territory, Alhaji Mohammed Bello at the foundation stone laying ceremony of the Novare Gateway Mall in Abuja… recently Photo; Julius Atoi/THISDAY IMAGES

Developer Vows to Complete World Trade Center Abuja Project The first phase of the World Trade Center Abuja project will be delivered this year as projected, regardless of the prevailing economic situation in the country the developers have said. The World Trade Center Abuja, a mixed-use development consisting of luxury Residences, AAA Offices, 5-star Hospitality and Shopping, is among the other high profile real estate developments expected to be completed by 2016. During an exclusive chat with a host of estate valuers and agents in Abuja, the Group Managing Director of Churchgate Group, Mr. Vinay Mahtani stated that customer interest has been has been overwhelming and affirmed that the organization remains committed to delivering the Phase One of the WTCAbuja project this year. According to Mahtani, there has been a growing demand for quality real estate, both residential and commercial. “Many people share our dream of building world-class projects in Nigeria and Nigerians, living both locally and in the diaspora, have shown their confidence in us through investments made already.” Speaking on behalf of the

estate surveyors and valuers in attendance, Olusola Akinsola who expressed his satisfaction at the level of completion of the project stated that the ripple effect of completing the WTC Abuja project will be good for the real estate sector and economy at large. According to him, “Housing is no more about shelter - it’s about employment, economic inclusiveness and multiplier effect on the local economy” he said. He opined that the World Trade Center Abuja, being the first of its kind in West Africa will bring all of these to the Nigerian economy. Construction of Phase One is now at the final stage. This consists of a residential tower that will offer luxury apartments with modern amenities and a AAA commercial tower that will accommodate businesses of all sizes. The buildings, at 24-storeys each, are set to define Abuja’s skyline: the commercial tower is the tallest office building in the nation’s capital, while the residential tower is the tallest residential building in Nigeria. Commenting on the potential of the WTC Abuja when completed, Assistant General Manager, Corporate

Communications, Churchgate Group, Mr. Femi Awopetu stated that the WTC Abuja will be an economy driver in itself, bringing together corporations and individuals and providing a platform on which they can conduct business. Awopetu added

the project will also impact the economy and improve welfare of lives. “We have already created employment for thousands of people during the construction of Phase I and this will continue throughout all subsequent phases of the project,” he said.

LCCI Appoints Osunsina Real Estate Sub-Group Chair The Lagos Council of Chambers and Industry has created real sector sub-group and named the property mogul, Otunba Olumide Osunsina as its Chairman. In a letter signed by the Director-General of the Chambers, Muda Yusuf, the chambers noted that the sector has experienced growth in the recent past and the sectoral lookout for the future looks good, hence, the belief by the council that the real sector needed to be given greater visibility in the chamber with a virile platform for engaging relevant stakeholders in the country on issues that affect players in that sector of the economy. The group is expected to

present issues for advocacy on policies affecting the real-estate sub-sector of the economy. Yusuf, who noted the immense contribution of the Chief Executive Officer of Megamound Investment in the real estate sector of the economy, said the management of the chambers belief that he will nurture the sub-group sector to a group status within two years. In his acceptance, he promised to use his experience in the sector to bear. Osunsina, a Nigeria and London trained real estate magnate, has almost three decades experience in real sector. He owns housing estates and hotels in different parts of the country and United Kingdom.

T H I S D AY • TUESDAY, MAY 3, 2016

PROPERTY NEWS

Ambode to Construct Roads, Flyovers to Boost Economy of Lagos The Lagos State Government has embarked on the construction of some roads and flyovers to ease movement and provide an enabling environment for individuals and corporate entities to realise their goals and objectives. The Lagos State Commissioner for Works and Infrastructure, Engineer Ganiyu Johnson stated this at a ministerial media conference to commemorate the first year in office of Governor Akinwunmi Ambode, saying that the governor “has shown a deep sense of responsibility and commitment to the completion of all inherited projects and also embark on new iconic projects that will stand the test of time in spite of dwindling financial resources.” The mandate of the ministry, he said still remained the development and facilitation of world class infrastructure to support the state’s growing population and serve as the critical development driver of its vision of being Africa’s model mega city, global economic and financial hub.

He said, “Lagos State is and will continue to be a land of opportunities and as such it is our responsibility to provide an enabling environment for individuals and corporate entities to realise their goals and objectives.” Consequently, he said the governor approved the construction of Ajah flyover/ upgrading of Freedom Road to Admiralty Road, Eti-Osa; construction of Abule – Egba flyover, Ifako-Ijaye LGA rehabilitation and upgrading of strategic arterial/inner roads in Epe. He also approved the construction of pedestrian bridge, Layby and slip road at Ojodu Berger Bus-stop along Lagos-Ibadan Expressway; construction of a second pedestrian bridge at Ojota Reconstruction of Brown Road, Oshodi in Oshodi – Isolo LGA; Rehabilitation/ Upgrading of Aiyetoro Road (Section 1) in Alimosho L.G.A; Rehabilitation/Upgrading of Ishefun/ Camp Davis/ New Market roads ( Section 1) in

Alimosho L.G.A Replacement of collapsed vehicular bridge at Arowojobe, Mende Kosofe LGA; construction of Flyovers at Ajah and Abule-Egba. The commissioner said, “Realising the importance of improving economic activities and easing of traffic gridlock along the two axis, the Governor approved the construction of flyovers for two of the state’s high-density traffic junctions – Ajah Roundabout in Eti-Osa and Abule-Egba junction serving Alimosho, Agege and Ifako-Ijaiye. “Both are separation of grade system where the bridge is on a higher level of 2 (two) lanes on either side with 2 (two) lanes on grade on either side of the road.” The Ajah flyover, he said would be constructed using reinforced concrete and would complement the signalized intersection at Ajah Roundabout. This is being undertaken simultaneously with the rehabilitation of Freedom Road in Lekki, with a view to reducing the heavy

traffic being recorded at Ajah Roundabout and Lekki- Ikoyi axis. “The Ajah flyover would have a solar-powered signalized intersection in order to greatly improve traffic, while the upgrade of Freedom Road is expected to ease traffic considerably for vehicles plying the 3rd Roundabout to connect Freedom Road through Admiralty Way linking Lekki-Ikoyi Bridge,” he said. On the Abule-Egba Flyover, he said, “While the Ajah project is aimed at easing movement of residents and commuters on the Lagos Island- Ibeju-Lekki areas, the construction of the reinforced concrete dual-carriage flyover at Abule-Egba junction will bring relief to millions of commuters plying Lagos-Abeokuta Expressway in Alimosho, Agege and Ifako-Ijaiye Local Government Areas of the State. “The Lagos-Abeokuta Expressway was constructed decades ago from Ile-Zik in Ikeja and terminating in

Abeokuta, Ogun State. The road, which is a high density trafficked route with heavy vehicular and human traffic, serves as a major link road between communities in Lagos and Ogun States. “Similar to the Ajah project, the Abule-Egba flyover project would also have signalized intersections at the junction of Old Abeokuta Road and other link roads within the axis.” He said to underscore its commitment to road infrastructure development that seeks to touch every area of the State, the State Government has also commenced the rehabilitation and upgrading of strategic arterial/inner roads in Epe Local Government Area. These roads are: Lagos Road Epe (Oke –Osho/T-Junction/ Aiyetoro Roundabout) Aiyetoro/Prof. Agbalajobi Road (Aiyetoro Garage/Aiyetoro Roundabout/Central Mosque Junction/Ita Marun/Ottin Stream Network of roads (Group A) in Oloja Estate (Bature/Otunba Adeniyi/ Omotayo/Uthman Mustapha/

Adekunle Raman/Ishawu Owolabi. The Epe division is currently undergoing rapid industrial and commercial growth arising from the commencement of developments such as the Dangote Oil Refinery, the proposed Airport, the Deep Seaport as well as industries within the Lekki Free Trade Zone. Accordingly, Epe Town and its environs have witnessed the influx of people with attendant increased traffic volume on the road network. The State Government has established visible developmental projects in the Education, Health, Agricultural, Tourism, Environment and Social Welfare Sectors of the economy but accesses to these facilities are characterized by bumpy and eroded roads, particularly during the rainy season. The government also approved the construction of Pedestrian Bridge, Laybys and Slip Road at Ojodu Berger Bus Stop along Lagos-Ibadan Expressway.

Real, Superficial Comfort in a Building Charles Maduka ‘Space and light and order. Those are the things that men need just as much as they need bread or a place to sleep’- Le orbusier. Architecture is however defined as the art and the science of designing and erecting a building and other structures Shelter is one of the basic necessities of life and its main objective is to protect man from inclement weather conditions. Comfort is defined by Arcus Dictionary as ‘A state of being relaxed and feeling no pain’. Conversely, pain is actually a feeling of discomfort. The role of shelter can be appreciated with the feeling that comes with a sudden change of our immediate environment from indoor to outdoor. The psychometric chart, developed by Willis Carrier, the inventor of the modern air conditioning is fundamental to building science. According to the studies, temperature and humidity are the most important factors of comfort. Temperature is the degree of hotness or coldness of a body or environment while humidity is the wetness in the atmosphere or simply the quantity of moisture in the air. The room that makes one to put on sweater could be the other way for another. Moreover, building is defined by Encarta Dictionaries as a structure with walls and a roof. A building protects man from the vagaries of weather and also provides an indoor climate for the body metabolism that keeps man alive, healthy and comfortable. One of the patriarchs of architecture, Louis Sullivan had a dictum, ‘Form follows function’. The literal meaning of the dictum is that the form /shape of a building should emerge from the interplay of

activities in that building and the site forces (Prevailing wind direction, topography, vegetation, sun position, soil characteristics among others). In the same vein, the nature of the building envelope and the indoor climate also determine the degree of comfort in a building. David Hoffman of Energy Vanguard Blog stated in his write-up titled the four factors of comfort in a building that other factors that determine the level of comfort in a building other than temperature and humidity, are air movements (The air moving across your skin), mean radiant temperature (How hot or cold are the surfaces around you) and the quality of the air. Comfort is a nebulous concept. Everyone has a slightly different temperature considered to be the comfortable temperature. Furthermore, our interface to the world is through our senses: touch, sight, hearing, smell and taste. Nevertheless, there are six factors that influence how a person will feel when he goes outside the building. These factors are sunlight, wind evaporative cooling, temperature, humidity and clothing. The import of this piece is to delve into the demand for comfort in a building as it relates to the basic function of protecting man from adverse weather conditions. The comfort that is associated with a functionally effective building can be referred as the real comfort. A building whose initial designed functions had been altered due to change of use had lost some of its real comfort and can only be sustained by its intrinsic or superficial comfort. (Please read my write-up on how not to abuse your house). Superficial comfort in a building is not dependent on its function.

What Ajah roundabout may look like when the flyover bridge is built

OPIC Advises Prospective Buyers of Land to Conduct Checks Estate practitioners, industrialists and other prospective buyers of landed properties in Ogun State have been advised to always conduct proper checks before committing funds and developing the property. The Special Adviser/Managing Director, Ogun State Investment Corporation (OPIC), Mr. Babajide Odusolu gave the advice while on an inspection of OPIC Estate, Agbara/Igbesa where massive encroachment were discovered at the boundaries of OPIC’s Estate. Odusolu said only proper title checks could promote safe, secure, genuine land purchase and building approvals. The Managing Director ordered OPIC surveyors and managers to regularly conduct inspection patrols and keep surveillance of OPIC lands. He enjoined staff to be on the alert to promptly prevent encroachment. In line with this directive, OPIC Management had worked out an efficient supervisory

method that would ensure effective security of OPIC investments and opportunities, and also to streamline sales of OPIC land application forms to members of the public to guard against abuse, illegal allocation and encroachments of diverse nature. OPIC is thus undertaking ratification exercise on punitive terms alone, he said. “Anyone who genuinely proves to have unwittingly purchased land from illegal land grabbers would be required to ratify such, paying a penal rate of 25% premium on OPIC’s prevailing rates.” In addition, OPIC is introducing a registry for building material suppliers on its Estates to have proper monitoring. On the development of illegal structures at OPIC’s Agbara Estate, Odusolu directed the enforcement team of the organisation to embark on a full scale demolition exercise of all structures illegally built on lands in OPIC Estate, Agbara/ Igbesa.

The team had previously marked for demolition, structures built on such illegally acquired lands and others flouting the Corporation’s allocation and planning regulations. The Managing Director gave this order during an official tour of OPIC Estate, Agbara/ Igbesa where he inspected area 1 (Jubilee Park/residential area), Areas 2 and 3, and the Agbara – Ijanikin Lagoon link. He condemned the activities of illegal occupants/ private estates, block making industries and illegal trailer parks, which are considered as serious sources of revenue leakages and economic sabotage in the State. “Purchasing government lands from ‘land grabbers and speculators’ is economic sabotage. One of the cases investigated revealed that a suspect who ought to have paid N400 million to the Government coffers chose to patronize the fraudsters, paying just 10 per cent of what was due to the State.”

He lamented that despite the efforts made via the mass media to warn and educate the public and the ’land grabbers’ to desist from encroaching on government lands they were adamant. He however stressed that victims of illegally acquired land and structures who might be found to have acquired the land unknowingly will be accommodated on punitive terms but those found to have intentionally opted to defraud the government will be apprehended, and handed over to the law enforcement agents for prosecution. In another development, occupants who were on the land for one form of economic activity or another had been advised to approach OPIC for registration to avoid confiscation of properties, production materials and eventual prosecution. According to him, those who refuse to register their economic activities, while on the lands would also be treated as economic saboteurs.

TUESDAY MAY 3, 2016 T H I S D AY

T H I S D AY TUESDAY MAY 3, 2016

TUESDAY MAY 3, 2016 T H I S D AY

TUESDAY MAY 3, 2016 • T H I S D AY

INTERNATIONAL

email:foreigndesk@thisdaylive.com

Hope Fades for Survivors in Kenyan Building Collapse Aid workers said hopes were fading of finding more survivors in the rubble of a collapsed building in Kenya’s

capital, as the death toll reached 21. Police said they were questioning the owner of the six-storey residential

Cote d’Ivoire’s President Calls for Break-up of Power, Water Monopolies Cote d’Ivoire will break up its long-standing electricity and water monopolies and introduce competition to reduce prices amid growing public concern over price increases, President Alassane Ouattara said. The government decided in June last year to increase electricity prices by 16 percent over three years to keep pace with production costs. Under the arrangement electricity prices were scheduled to increase by 5 percent in January. But some customers saw rates rise by as much as 40 percent, according to a government investigation, prompting Ouattara to cancel the January increases and call for a more competitive industry. “This situation reminds us of the need to open up the water and electricity sectors to competition,” Ouattara, a former senior International Monetary Fund official, said in a Labour Day speech on national television on Sunday. “It is competition that will lower the price of electricity. I appeal to all those who wish to invest in that sector,” he said. The West African nation has emerged from a decade of political turmoil and civil war as one of the continent’s rising stars economically, with growth

averaging around 9 percent for the past four years. However, critics of the government complain that most Ivorians have not benefited from the new-found prosperity. During his re-election campaign last year Ouattara promised to make economic growth more inclusive. The Companie Ivoirienne d’Electricite (CIE), majority owned by Africa-focused public utilities manager Eranove Group, has supplied electricity to the Ivory Coast since 1990 under an agreement with the government. The deal, which puts CIE in charge of the distribution of power to homes and businesses, is not due to expire until 2020. It is unclear how the utility markets will be liberalised or if it can be done before the agreement between CIE and the government ends in 2020. But it is likely to be a major issue in French-speaking West Africa’s biggest economy where power producers are struggling to keep pace with growing consumption. Demand for electricity is rising by some 10 percent a year, and the energy minister said last year that $20 billion of investment is needed in the industry over the next 15 years.

Egyptian Police Raid Press Syndicate, Arrest Two Journalists Egyptian police on Sunday raided the press syndicate in Cairo and arrested two journalists critical of the government, a syndicate official and reporters said in what the syndicate called an unprecedented crackdown. The interior ministry denied officers had stormed the press labour union building, a traditional spot in downtown Cairo to stage protests, but confirmed some of its members had arrested the journalists inside the syndicate. Security forces have sought to quell dissent since thousands took to the streets on April 15 to protest a decision by President Abdel Fattah Sisi to hand over two islands to Saudi Arabia. Police dispersed smaller protests two weeks later. On Sunday, journalists held a sit-in inside the union when officers arrested two of them working for the opposition website Bawabet Yanayer including its editor, syndicate officials said. “The incident is true and at the very least the interior minister has to be fired and there needs to be an apology,” Khalid al-Balshy, a syndicate board member told Reuters. Mahmoud Kamel, a member

of the syndicate board, said over 40 policemen raided the building but the interior ministry said its force consisted of only eight officers. “The ministry affirms that it did not raid the syndicate or use any kind of force in arresting the two journalists who handed themselves in as soon as they were told there was an arrest warrant,” the interior ministry said in a statement. A security guard was wounded in the eye when police raided the union, Kamel said. “There was an arrest warrant for the two journalists issued a week ago but the syndicate was negotiating with the interior ministry over the matter,”he said. The syndicate council called for an indefinite strike among Egyptian journalists until the interior minister resigns and urged newspapers to black out their front pages. “This is unprecedented, no president or prime minister or interior minister has ever dared to do something like this,” Kamel said. Under the law only a prosecutor is allowed to search the union in the presence of its chairman or deputy, he added.

block that collapsed late on Friday after days of heavy rain and floods, but no one had been charged. Residents and rescue workers have been sifting through piles of broken concrete at the site in the

eastern Huruma suburb ever since, rescuing 135 people, according to the latest police figures. But conditions were getting more challenging, Kenya Red Cross told Reuters. “In conditions of no air,

dirt, no food, no water, it’s very difficult for that person to stay alive,” Red Cross official Anthony Mwangi said. Authorities had condemned the 198-room building and there has been no official explanation of

why it remained occupied. Government critics say corruption is rampant and real estate developers often violate construction codes to minimise costs, with little or no penalties from authorities.

WITH THE PRESS

President Barack Obama greets White House Correspondents’ Association (WHCA) President, Carol Lee during a dinner in Washington…weekend

14 Killed in Baghdad’s Bombings Three bombs went off in and around Baghdad yesterday, killing at least 14 people, including Shi’ite Muslim worshippers conducting an annual pilgrimage inside the capital, police and medical sources said. The largest blast, which Islamic State said it was behind, came from a parked car bomb in the Saydiya district of southern Baghdad that killed 11 and wounded 30, the sources said. At least a few of the casualties were pilgrims passing through the area on their way

to the shrine of Imam Moussa al-Kadhim, a great-grandson of Prophet Mohammad who died in the 8th century. Explosives planted on the ground in Tarmiya, 25 km (15 miles) north of Baghdad, killed two and wounded six, while a roadside bomb in Khalisa, a town 30 km (20 miles) south of the city, left one dead and two wounded. There was no immediate claim of responsibility for the smaller attacks. Islamic State militants fighting Iraqi forces in the

north and west regularly target security personnel and Shi’ite civilians whom they consider apostates. The group said in an online statement distributed by supporters that a suicide bomber had targeted pilgrims in the Dora neighbourhood adjacent to Saydiya. It said the attack was part of an offensive launched recently in apparent revenge for the killing of a senior leader. Islamic State’s al Qaeda predecessor was blamed in the past for such attacks on Shi’ite pilgrims, includ-

ing blasts in 2012 that left 70 people dead nationwide. Security has gradually improved in Baghdad, which was the target of daily bombings a decade ago, but there has been a string of blasts in recent days, including a suicide attack on Saturday that killed at least 19 people. Monday’s blasts come as Iraq struggles to emerge from a political crisis over reforming its governing system which saw protesters hold an unprecedented sit-in over the weekend in Baghdad’s heavilyfortified Green Zone.

Turkish PM Loses Authority over Party Appointments Turkey’s ruling AK Party has taken authority to appoint provincial party officials away from Prime Minister Ahmet Davutoglu in a move seen reducing his power over grass roots supporters and consolidating the influence of President Tayyip Erdogan. The step, decided on Friday at a meeting of the AKP’s top executive committee, is one of the clearest signs yet of tensions between Erdogan, who wants an executive presidency in Turkey, and Davutoglu, who would be sidelined if the country’s parliamentary system were to be replaced. “This decision will weaken Davutoglu’s power over the party. Davutoglu’s job will not be easy after this,” a senior AKP official told Reuters on Monday, asking not to be identified because of

the sensitivity of the issue. The Islamist-rooted AK Party, a monolithic institution founded by Erdogan, has governed Turkey for the past 14 years. Critics accuse the president of behaving in an increasingly authoritarian manner, a charge he rejects. Erdogan was required by the constitution to cut ties to the AKP when he became president in an August 2014 election after more than a decade as prime minister, because the head of state is supposed to be above party politics. But he still commands deep loyalty in the party and has sought to maintain influence, regularly chairing cabinet meetings in his presidential palace and keeping the AKP’s executive committee packed with allies. Davutoglu, officially party leader

but overshadowed by Erdogan, has struggled to establish his own voice in the AKP. Removing his ability to appoint the provincial officials who make up the backbone of the party further weakens his standing. “Davutoglu wants to carve out a political space for himself, but Erdogan is not intent on allowing the head of the executive - whether Davutoglu or anybody else - to have any significant degree of political independence,”said Sinan Ulgen, a former Turkish diplomat and head of the EDAM think-tank in Istanbul. “Erdogan is intent on fully controlling both the executive but also the political agenda of the country and he can only do that if he has this degree of control.” Omer Celik, deputy leader of the AKP and party spokesman,

described the move as a technical step and said it did not point to any “crisis” in the party. The authority to make party appointments originally rested with the AKP’s executive committee (MKYK) but was transferred to Erdogan as then-party leader in 2002, and passed on to Davutoglu when he succeeded Erdogan in 2014. “This authority has been taken back by the MKYK so that issues concerning the party can be discussed intensively and in more detail,” Celik told reporters on Friday evening.“It is not right to consider this change as a very radical move.” Staunch Erdogan loyalists are among the 50 members of the MKYK, including his son-in-law, Energy Minister Berat Albayrak, and his former lawyer Hayati Yazici.

TUESDAY, MAY 3, 2016 ˾ T H I S D AY

INTERNATIONAL

Syria: Kerry Sees Hope of Extending Truce to Aleppo United States Secretary of State, John Kerry, said yesterday that talks were closer to extending a Syrian truce to Aleppo, the divided northern city where a sharp escalation of violence in recent weeks has torpedoed peace talks and left a ceasefire in tatters. Kerry was in Geneva for talks with other dignitaries to try to revive the first major ceasefire of the five-year Syrian war, which was put in place in February with U.S. and Russian backing but has since all but collapsed. Syria announced temporary local truces in other areas last week but has so far failed to extend it to Aleppo, where government air strikes and rebel shelling have killed hundreds of civilians in the past week, including more than 50 people in a hospital that rebels say was deliberately targeted. The Aleppo fighting threatens to wreck the first peace talks involving the warring parties, which are due to resume at an unspecified date after breaking up in April when the opposition delegation walked out in anger. “We’re getting closer to a place of understanding, but we have some work to do, and that’s why we’re here,” Kerry said at the start of the meeting with Saudi Arabia’s Foreign Minister Adel al-Jubeir. The civil war in Syria has killed hundred of thousands of people, driven millions from their homes, created the world’s worst refugee crisis and provided a base for Islamic State militants who have launched attacks elsewhere. The fighting has drawn in global powers and regional states, while all diplomatic efforts to resolve it have foundered over the fate of President Bashar al-Assad, who refuses to accept opposition

demands that he leave power. The United States and Russia have taken the leading roles in the latest diplomatic initiative, which began after Moscow joined the war last year with an air campaign that tipped the balance of power in favour of Assad, its ally. So far, Syria has announced a “regime of calm” -- a temporary local truce -- in the Eastern Ghouta suburb of Damascus and the countryside of northern Latakia province, from Saturday morning. The Latakia truce was for three days and the Ghouta truce, initially for 24 hours, was also extended by another 48. Both are areas where there has been heavy fighting, but Aleppo remains the biggest prize for Assad’s forces, who are hoping to take full control of the city, Syria’s largest before the war. The nearby countryside includes the last strip of the Syria-Turkish border in the hands of Arab Sunni rebels. A Russian military official, General Sergei Kuralenko, said talks were under way on extending the regime of calm to Aleppo. The opposition accuses the government of deliberately targeting civilians in rebel held parts of Aleppo to drive them out, and says the world must do more to force Damascus to halt air strikes. For its part, the government says rebels have been heavily shelling government-held areas, proving that they are receiving more sophisticated weaponry from their foreign supporters, which include Arab states and Turkey. A British-based monitoring group, the Syrian Observatory for Human Rights, has reported scores of civilians killed on both sides, although more in rebel-held territory. Syrian state television said on Monday that a missile

Emotional Return as First US Cruise Reaches Cuba in Decades Hundreds of tourists and a handful of emotional CubanAmericans arrived on the first U.S. cruise ship to sail to Havana in decades yesterday, spilling onto the cobbled streets of the old city where they were warmly greeted by residents. It was another first for the two countries since U.S. President Barack Obama and Cuban President Raul Castro announced a historic rapprochement in December 2014, and comes weeks after Obama’s visit to the Caribbean island. Carnival Corp’s Adonia, a small ship carrying 700 passengers, slipped through the channel into Havana Bay in the morning under picture-perfect skies, then docked alongside the colonial quarter recently visited by Obama. The visitors fanned out on the city’s restored streets for walking tours after an arrival ceremony featuring Salsa and Afro-Cuban music, and lots of rum cocktails. According to tour guides,

some of the passengers were due to sample Havana’s night life later at the world famous Tropicana cabaret. But for Cuban-born Anna Garcia, the moment was more than just a holiday. “I’m nervous and excited at the same time, I left Cuba 48 years ago, when I was six years old. So just imagine everything that I’m feeling right now,” said Garcia as she stepped off the boat and entered Cuban territory for the first time since childhood. A Cuban rule prohibiting people born in Cuba from entering or leaving the Communist-ruled country by sea led to protests from exiles and almost delayed the cruise, before Cuba agreed to lift the ban. That unusual flexibility under pressure was itself a signal of change in Cuba, long scarred by memories of the sea-borne, U.S.-supported Bay of Pigs invasion and other acts of aggression from across the Florida Straits.

had hit the surroundings of Aleppo University Medical Hospital, and several civilians were injured by rebel mortar attacks on the residential area of Jamiyat Hay al Zahra in western Aleppo. The rebel-held local council of Aleppo city announced a state of emergency in areas it runs due to the intense bombardment. About 350,000-400,000 people are believed to remain in rebel-held parts of what was

once a city of 2 million. Mohammad Muaz Abu Saleh, a senior councillor in the rebel Aleppo governate council, said residents were not abandoning opposition-held areas, despite the intense bombardment. “Those who wanted to leave Aleppo have fled,” he said. Those who have stayed behind “have decided to stay under all circumstances of shelling and siege. Aleppo will remain

populated with its people not leaving.” Amar al-Absi, a resident of a rebel-held area, said: “There was heavy shelling throughout the night. In my neighbourhood, Salah al-Deen, a missile hit a building that was empty and it was levelled but there were no casualties.” In the countryside north of Aleppo, other rebel groups have been fighting against Islamic State fighters, who are not party to

any ceasefire. Amaq, a news agency affiliated to Islamic State, said the militants had gained control of the villages of Doudayan, Tel Shaer and Iykda from rival rebels in the northern Aleppo area near the border with Turkey. They said they were able cut the supply routes of other rebels in the area, despite Turkish artillery shelling to aid the rebels against Islamic State.

CIVIL ARREST

Police arresting a protester during an anti≠ capitalist protests following May Day marches in SeattleÖ yesterday

Saudi Minister Warns on Proposed US Law on 9/11 Saudi Arabia has warned the United States that a proposed U.S. law that could hold the kingdom responsible for any role in the Sept 11, 2001, attacks would erode global investor confidence in America, its foreign minister said yesterday The minister, Adel alJubeir, speaking to reporters in Geneva after talks with U.S. Secretary of State John Kerry, which mainly focused on Syria, denied that Saudi Arabia had “threatened” to withdraw investment from its close ally. The New York Times reported last month that the Riyadh government had threatened to sell up to $750 billion (£511 billion) worth of American assets should the U.S. Congress pass a bill that would take away immunity from foreign governments in cases arising from a “terrorist attack that kills an American on American soil”. “We say a law like this would cause an erosion of investor confidence. But then to kind of say, ‘My God the Saudis are threatening us’ - ridiculous,” Jubeir said. “We don’t use monetary policy and we don’t use energy policy and we don’t use economic policy for political purposes. When we invest, we invest as

investors. When we sell oil, we sell oil as traders.” Jubeir, pressed on whether the Saudia Arabia had suggested the law could affect its investment policies, said: “I say you can warn. What has happened is that people are saying we threatened. We said that a law like this is going to cause investor confidence to shrink. And

so not just for Saudi Arabia, but for everybody.” The New York Times, citing administration officials and congressional aides, said that the Obama administration had lobbied Congress to block passage of the bill, which passed the Senate Judiciary Committee earlier this year. “In fact what they are doing is stripping the principle of

sovereign immunities which would turn the world for international law into the law of the jungle,” Jubeir said. “That’s why the administration is opposed to it, and that’s why every country in the world is opposed to it. “And then people say ‘Saudi Arabia is threatening the U.S. by pulling our investments’. Nonsense.

TUESDAY MAY 3, 2016 • T H I S D AY

NEWSEXTRA

Stop Giving Bailouts to States, Okupe Tells FG Says govs forced Jonathan to deplete ECA Gboyega Akinsanmi

Former Senior Special Assistant to ex-President Goodluck Jonathan on Public Affairs, Dr. Doyin Okupe, yesterday asked the federal government to stop giving bailouts to the state governments. Okupe also asked the federal government to tell all the states of the federation to reduce their workforce, noting that virtually all state governments in the federation “have over bloated civil service.” He canvassed the position in a statement he personally signed yesterday, arguing that the country did not need a soothsayer or an economic guru to foretell that this is unsustainable. The former aide lamented that it was state governors who forced the hand of President Jonathan to share and more or less deplete the savings in the Excess Crude Account (ECA). He added that it had become clearer and more certain daily that unless a miracle happens, many states would be unable to meet up with their financial obligations and might actually face imminent bankruptcy if the economic situation in the country worsens. The special assistant cited the case of Ogun State, which according to the figure he presented, received N2 billion monthly from the federation account and paid out N1.8

billion as staff salaries, wages and overhead costs at some points between 2008 and 2009. He added that the state’s total staff strength “was about 50,000 while the population of the state was about 5,000,000. An obvious socio-economic absurdity and incongruity therefore existed where 10 per cent of the population was consuming 90 per cent of the wealth of the state. “We do not need a soothsayer or an economic guru to foretell that this is unsustainable. In many states, the percentage of the resources of the state that is consumed by the civil service ranges between 70 per cent to 80 per cent by not more than 10 percent of its population. “A basic economic dictum says if expenditure cannot be controlled, then internal demands must be curtailed. Without doubt, therefore, all state governments must immediately start the process of downsizing their workforce with reasonable cushions for those who will be affected.” Okupe canvassed an immediate 20-30 percent cut in staff strength “is imperative, with provision of say, upfront payment of three years salaries for affected members of staff. If this is what the federal government will give as loans or bailouts to the states to be repaid over a period of 10 years, it will

make a better economic sense than what has been done to date.” He said the exercise of downsizing should be continued at an annual rate of about 10 percent for about five years, arguing that the exercise, if adopted, would definitely create space for a controlled employment of new youthful and better trained civil servants. He explained that all elected

politicians wanted “to build roads and improve infrastructural facilities in their states. The voters also judge performance by level of infrastructural improvement embarked upon by elected public officers. “In this period of economic downturn, therefore, we cannot expect that governors will be satisfied with just paying salaries. This is why many governors

will rather award contracts for roads, bridges, schools e.t.c and owe salaries for several months,” Okupe explained. The former senior special assistant urged the federal government “to create a National Infrastructural Fund, to be managed by national and international experts. Both states and federal government can approach such agency for

developmental funding at single digit interest rates. “The federal government may deploy money from the pension funds, as already suggested by the Minister for Works, Power and Housing, Mr. Babatunde Fashola. Multilateral agencies can also be mobilised to commit to such funds especially if the federal government backs such requests with sovereign guarantees.”

Christian Youths Accuse SGF of Politicising CAN Election Process, Imposing Candidate Adedayo Akinwale in Abuja

The Patriotic Christian Youths of Nigeria (PYCN) has accused the Secretary to the Government of the Federation (SGF), Mr. Babachir Lawal, of using “subtle and forceful” means towards ensuring that a particular candidate emerge as the President Christian Association of Nigeria (CAN) ahead of the forthcoming election. The president of the body, Simon Nasso, made this known yesterday in Abuja after its stakeholders meeting, where it frowned at the efforts of some people in government, who he said are bent on making sure that the church election process is deeply politicised.

According to him, “The founders and builders of CAN in the past have very good intentions of uniting Christians in Nigeria. If the structure that the church is expected to shine the light into becomes the body that decides her leadership, then the entire Christians of Nigeria will be in trouble.” When asked if the president has interest in who becomes the president of CAN, Nasso stated: “We as an organisation can not say the president has interest, but we know very well that his government appointees who are Christians particularly the SGF and his cohorts are seriously having interest over who becomes the next CAN president in Nigeria.

“They are always out disturbing our leaders in CAN about trying to ensure that a particular candidate emerge during the forthcoming CAN election. Whether the president is using him to do it, we as an organisation we don’t know. For now we know that some of the government top appointees are on top of our leaders neck to make sure they bring a particular candidate to become the CAN president,” he noted Nasso however called on the church leaders to be transparent in handling the election process with deserving sanity and sanctity, stressing that all genuine candidates should be give equal equal and fair treatment at the election.

The Christian body also demanded a stop to the massive killings of innocent Nigerians across the country by the Fulani herdsmen. He said: “We are concern how some persons are pushing for a law to create grazing zones for Fulani herdsmen while they are busy killing their host communities as if those pushing for the bill have ulterior motive to create easy part for murderers. “Fulani herdsmen should not be treated as superior; in as much as the cattle farmer treasured their animals , so also the farmers and his farm to other tribes in Nigeria. Nigerian youths cannot continue to watch while innocent lives are waste away for flimsy reasons,” Nasso warned.

TUESDAY MAY 3, 2016 • T H I S D AY

NEWSEXTRA

World Bank to Disclose More Information on Spending of Abacha Loot Ugo Aliogo Indications have emerged that the World Bank is set to release more information on the spending of recovered loot by late General Sani Abacha as it has referred portion of appeal by a civil society organisation, Socio-Economic Rights and Accountability Project (SERAP), to the Bank Archives Unit for processing for public access. The development was disclosed yesterday in a statement by SERAP’s Executive Director, Adetokunbo Mumuni. This followed the appeal the organisation lodged with the bank on February 5, 2016 on the grounds that the bank’s decision on its initial request did not reveal “important portions of the information requested on how the Abacha loot was spent.” According to Mumuni, the bank’s Access to Information Committee (AIC) in its decision on appeal issued in case number AI3982-A dated April 29, 2016 and sent to SERAP held that although the appeal by the organisation was not filed within 60 days of the bank’s decision as required by its Access to Information Policy, SERAP appeal nonetheless “contains a request for additional information, not previously submitted by the requester, and which the bank has neither considered nor denied. Accordingly, the AIC refered back to the archives unit this portion of the appeal for processing for public access. SERAP’s statement read in part: “The portion of the appeal which the bank has now referred to its Archives Unit for public access include information on: evidence and list of the 23 projects allegedly

completed with recovered Abacha loot, and whether the 23 projects where actually completed; and what became of the two abandoned projects; evidence and location of the eight health centres built with recovered Abacha loot reviewed by the World Bank; and evidence and location of the 18 power projects confirmed by the World Bank.” “Other aspects of the spending of Abacha loot the Bank referred to its Archives Unit for processing for public access are: information on: how the $50million Abacha loot received before 2005 kept in the special account was spent; evidence and location of schools which benefited from the Universal Basic Education (UBE) programme in the amount of NGN24.25billion; and evidence and location of the 13 road projects completed with the recovered Abacha loot, including the names of the three of the largest road and bridge projects in each geo-political zone.” Reacting to the bank’s appeal decision, Mumuni said: “It’s trite law that no procedural requirements should ever be made a tool to deny justice or perpetuate injustice. SERAP therefore welcomes the decision by the World Bank not to allow technicalities (regarding its requirement of 60 days within which to file an appeal to it) stand in the way of substantial justice, and truth on the spending of recovered Abacha loot as to do otherwise would have amounted to a miscarriage of justice for millions of Nigerians who are victims of corruption.” “We now hope that the bank archives unit will move swiftly to allow public access to the information requested, as directed by the Access to Information

PDP Congresses: I Didn’t Hijack Adamawa Election Materials, Says Gulak Daji Sani inYola The former Special Adviser of President Goodluck Jonathan on Political Matters and Peoples Democratic Party (PDP) chieftain, Mr. Ahmed Gulak, has refuted allegations that he hijacked the party’s congress materials for Adamawa State. Gulak’s responded to an accusation by the state Chairman of the party, Chief Joel Madaki, accusing him of illegally collecting the materials meant for the PDP ward congresses in the state. Madaki said when he went to collect the materials at Wadata Plaza in Abuja, he was told that Gulak had already collected them. Madaki said it was a ploy by Gulak to hijack the structures of the party at ward level which would in due cause produce the local government executives and that of the state. Reacting to the allegation in an interview with journalists in Yola, Gulak said what he did was to stand in as guarantor for the state in collecting the materials, adding that he had no ulterior motives but to see to the smooth and transparent congresses. Gulak explained that the party in Adamawa could not pay the over N9 million required to get the forms released to the state for

the congresses hence he stood as guarantor and collected the forms which he had since handed over to members of the congress committee for the state. “When I collected the forms, I saw two members of the committee for Adamawa State and handed over the materials to them. “I don’t want to join issues with Madaki but he should know that I won’t do anything inimical to the progress of our party,” Gulak said. However, according to the Organising Secretary of the party, Alihaji Abdulahi Prambe, the congresses that were supposed to hold last Saturday couldn’t until Monday due to some disagreements between some stakeholders of the party. He said the two warring groups later resolved their differences and the congresses were free, without hitches but the outcome of the election is yet to be announced by committee due to fact that some local governments were yet to bring their results at the time of filing this report. When contacted on the development, a member of the congress committee, Mallam Yusuf Madugu, simply said there was no problem and that everything was intact with the congress going on smoothly.

Committee. Any further delay in disclosing the information will delay justice to the Nigerian people. And justice delayed is justice denied.” “In this respect, SERAP calls on Dr Ngozi Okonjo-Iweala former Finance Minister who coordinated the Bank’s report to assist the Archives Unit in its task for speedy disclosure of evidence and locations of projects on which recovered Abacha loot was spent.” “We also seize this opportunity to call on the government of President Muhammadu Buhari to

immediately obey the judgment by Justice Mohammed Idris of the Federal High Court, Lagos which ordered publication of the spending of recovered stolen funds by the governments of former President Olusegun Obasanjo, former President Umaru Musa Yar’Adua, and former President Goodluck Jonathan.” The World Bank AIC appeal decision read in part: “Summary of Decision: The Access to Information Committee (“AIC’) found that the appeal is not properly before the AIC for consideration. The appeal

in this case was filed 75 calendar days after the Bank’s initial decision. Under the Bank Policy on Access to Information, appeals to the AIC must be filed within 60 calendar days of the bank’s decision.” “Notwithstanding the above, the AIC found that the appeal contains a request for additional information, not previously submitted by the requester, and which the bank has neither considered nor denied. Accordingly, the AIC refers back to the Archives Unit this portion of the appeal for processing for public access.”

“The Decision Facts: On September 21, 2015, the requester submitted a request (“Request”) for “documents relating to spending of recovered assets stolen by Abacha and the bank’s role in the implementation of any projects funded by the recovered assets and any other on-going repatriation initiatives on Nigeria with which the bank is engaged.” On November 25, 2015, the World Bank (“Bank”) responded to the request by providing the requester with 11documents.”

NATIONAL REFLECTION

L R: Deputy Governor of Oyo State, Chief Moses Adeyemo; Wife of Vice President, Mrs. Dolapo Osinbajo; Past Leader, House of Lord Nigeria, Prof. Kayode Oyediran; and Vice President Yemi Osinbajo, arriving for a book presentation on Nigeria’s Challenges of Growth and Development at the Trenchard Hall University of Ibadan....yesterday Felix Ademola

Arase Deploys Homicide Detectives to Rivers over Killings Ernest Chino inPort Harcourt The Inspector General of Police (IG), Mr. Solomon Arase, has said he has deployed a team of homicide detectives to investigate the killings in some parts of Rivers State. He said the police would definitely fish out the people behind the killings in the state, insisting that a situation where some people take the law into their hands was unacceptable. Arase spoke yesterday in Port Harcourt at the Shell Petroleum Development Company where he officially inaugurated the new Spy Police. He said he had directed the state Police Command to go after the killers in the state. Arase pointed out that a team of homicide investigators was deployed from Abuja, adding that some suspects were already being investigated. He also expressed dissatisfaction with the proliferation of arms in the country, adding that the police would not allow hoodlums to overwhelm the state. Arase said: “It is unacceptable for people to take the law into their hands. This is not a Hobbesian state where might is right and I have told the commissioner of police that he must go after whoever takes the life of anybody and ensure that such people are

brought to book. “Those arrested in connection with killings in Rivers are being investigated and I have dispatched a team of homicide investigators from Abuja. Whenever this thing happens, there are usually different perspectives to it. “I have always taken a stand that the police is supposed to be apolitical. If we are going to be apolitical, we must be professional in investigating matters. That is why I have deployed a team of homicide investigators from Abuja to take over most of these cases. “Nobody is above the law and that is one thing we have to get very clear. The law is no respecter of anybody. The proliferation of firearms in the system is unacceptable, not only in Rivers, but across the length and breadth of the country. “This is also reflective of the international environment, but our strategies towards it is that we cannot allow a group of criminals to overwhelm the state. You can be assured that we will deal with them. “Criminal gangs, cult groups can never overwhelm a state; it is never done and I can assure the people of this country that we are going to clamp down on these criminals. We will arrest them; we will make sure that we amputate them from our security landscape.”

He explained that the launch of the new Spy Police uniform was an initiative that had taken a while to come to fruition, saying, “But I am happy to see its proper implementation by today’s landmark event by Shell Petroleum Development Company. “Spy Police are engaged for specific security functions within a restricted jurisdiction or operational space. Unique service numbers are given to them to distinguish them from the general police. The Spy Police remain as crucial to me as any special branch of the Police Force.” Arase, however, thanked the management of Shell for the part they played in the launching of the Spy Police uniform, saying, “The management of SPDC has again proven that they are a set of futuristic managers determined to remain compliant with extant national policies.” Speaking with journalists, the state Commissioner of Police, Mr. Musa Kimo, said calm had returned to Ahoada East where suspected cult members recently unleashed mayhem on the people. Kimo disclosed that apart from the deploying troops in Ahoada East LGA, armoured personnel carriers were also stationed in strategic places within the area. According to him, “We are on the ground and for now, the area

is calm. We are working with the community and we are on the trail of the hoodlums. “In no distant time, certainly, we will fish them out. We are on the ground with our troops and with armoured personnel carriers in the area (Ahoada East).” Earlier, the Managing Director of SPDC, Mr. Osagie Okunbor, said the Spy Police had grown from a small group patrolling pipelines’ right of way to a disciplined and well-structured arm of the Nigeria Police Force. No fewer than five persons were in the early hours of yesterday killed and beheaded by suspected cultists at Edeoha community in Ahoada-East Local Government Area of Rivers State. THISDAY gathered that the suspected cultists, who were on the trail of a popular native doctor in the community, also put their victims into one of the rooms in the native doctor’s house and set them ablaze. A source in the community, who pleaded for anonymity, said the native doctor, who was also killed by the suspected cultists, specialised in removing bullets from victims of gunshots, adding that the victims, who were suspected to be members of a rival cult group, were in his house for treatment from gunshot wounds when the killers struck.

TUESDAY MAY 3, 2016 • T H I S D AY

NEWSEXTRA

Eko Disco to Ration Electricity Supply in Ajah, Ikoyi, Victoria Island for One Month Ejiofor Alike Eko Electricity Distribution Company has announced that beginning from today there will be power rationing in Lekki, Ikoyi, Victoria Island and some parts of Ajah, all in Lagos Island, for one month. The company’s General Manager in charge of Corporate Communications, Mr. Godwin Idemudia, said the power rationing was to enable the Transmission Company of Nigeria (TCN) o upgrade both Line 1 and Line 2 of Ajah-Alagbon Transmission Line from 132kv to 330kv. According to him, during

the upgrade operation, which will last for three or four weeks, the Lekki Transmission Injection Sub-station, which feeds most of the areas to be affected by the power rationing, will be completely shut down. In order to ensure that the areas are not completely out of supply for the duration of the upgrade operation, Idemudia said “alternative power supply arrangement would be made through back-feeding operation to the areas from Alagbon Transmission Injection Sub-station, via Ijora.” While appealing to customers to show understanding and bear with the situation during the

period of the facility upgrade, Idemudia further stated that all efforts would be made to ensure equitable distribution of available power to all customers. He also assured customers that by the time the upgrade work is completed, it will result in tremendous improvement in power supply to all customers in the area.

Investigations revealed that the company’s inability to service the customers around Lekki, Aja, Ikoyi and Victoria Island areas is as a result of the transmission challenges at Alagbon. THISDAY gathered that Alagbon has a capacity of 132MVA but Eko has a load capacity of 380MVA. To address this transmission challenge, the company had

planned to invest N1.7 billion to partner TCN to ensure that power is evacuated to Victoria Island, Ikoyi and parts of Lekki. TCN has suffered funding challenges, thus making it increasingly difficult for the company to rehabilitate the weak transmission network nationwide. To help address the funding challenges, the Niger Delta Power

Holding Company (NDPHC), operators of the National Integrated Power Project (NIPP) had also planned to reinvest $1.5 billion from the sale of the power assets under the NIPP to revamp the transmission infrastructure. However, this plan was constrained by inadequate gas supply, which stalled the privatisation of the NIPP.

Analysts: Delay in Budget Assent May Worsen Macroeconomic Indicators Ndubuisi Francis in Abuja The current stalemate occasioned by President Muhammadu Buhari’s refusal to assent to the 2016 budget due some areas of disagreement with the National Assembly may continue to impact negatively on the nation’s macroeconomic indicators, some analyst have cautioned. Analysts believe the delay in assenting to the fiscal document has implications on Gross Domestic Product (GDP), investor confidence, and national productivity, among others. Commenting on the budget logjam in a telephone chat with THISDAY, an economic/financial analyst, Odilim Enwegbara, argued that beside the effect on productivity, the delay most importantly, drastically reduces the GDP growth forecast. The World Bank had recently revised Nigeria’s growth forecast from 3.3 per cent to 2.3 per cent in 2016. According to Enwegbara, “as a result of continued uncertainty, investors being averse, will certainly continue to sit on the fence with the resultant effect being low confidence in the economy.” He noted that of particular concern is that investors who are yet to make up their minds whether to invest in Nigeria’s economy or not, end up in indefinite postponement. “Since high inflation is a function of low productivity, and equally, since low productivity triggers layoffs and factory shutdowns, delays in the passage of a national budget always is bad for any nation’s economy. I will suggest, going forward, that budgetary deadlines be enacted so that no more prolonged delays. The good news, however, is that whenever it

is eventually signed, it will run a full 12 months course,” Enwegbara said. Also reacting to the budget impasse in a statement made available to THISDAY, the Lead Director, Centre for Social Justice, Eze Onyekpere, called for a quick resolution of the controversy. In the statement captioned, “Resolve the Budget Logjam Now: An Appeal to the President and Legislature,” Onyekpere expressed regret over the delay in assenting to the 2016 federal budget. “The undue delay in the approval and presidential assent to the 2016 federal budget is a cause for concern to all discerning Nigerians. The budget inter alia shows the economic policy direction of the state and indicates what activities, projects and programmes will be preferred by the fiscal, monetary and macroeconomic regime. Even though the budget was prepared without any foundation policy guide, the country is currently floating without a direction; a fiscal void and vacuum is the result of the undue delay in enacting the 2016 federal budget into law. “Again, without the estimates becoming law, new key capital projects cannot commence and ongoing ones cannot continue to be funded. In most major construction sites across the federation, contractors have withdrawn their services and projects have been stagnated. This is happening in an economy with a huge infrastructure deficit, where projected capital expenditure is expected to strengthen the economy towards the path of growth, employment creation and value addition. The delay will lead to poor capital budget execution at the end of the 2016 year. Essentially, the granite foundation for the failure of the 2016 federal budget has been laid.

WE SYMPATHISE WITH YOU

L-R: Chief Oyewole Fasawe; former President, Chief Olusegun Obasanjo; and wife of the late former Deputy Governor of Lagos State, Alhaji Jafojo; Mosunmola,duringacondolencevisitbytheformerpresidenttotheJafojo’sfamilyinLagos...recently

Senate Seeks Closer Partnership to Grow Tourism Sector

Imbibe Corporate Governance to Tackle Economic Crises, FG Told

Ndubuisi Francis in Abuja

Ugo Aliogo

The Senate has called for closer partnership between it and operators of the hospitality and tourism industry in order to maximise the immense potential in the sector for the overall benefit of the country. The Chairman, Senate Committee on Tourism and Culture, Senator Matthew Urhoghide, who made the call in Abuja at a one-day validation workshop on hospitality, travels and tourism Trades, said there was the need for stakeholders to forge a closer partnership to advance the tourism sector. He expressed the readiness of the National Assembly to provide the enabling laws to advance the sector, adding that all that was required from the operators was for them to provide the legal framework. The lawmaker regretted that the tourism sector, to a large extent, was not well organised because of the dearth of relevant laws, noting that with better organisation, it has greater potential to contribute to economic growth than many sectors of the economy. In her address, the Director General, National Institute for Hospitality and Tourism (NIHOTOUR),Mrs.Chika Balogun, said training and retraining of hospitality and tourism operators was indispensable to guarantee the muchneeded growth and transformation. Balogun noted that the time

for rhetorics was over and challenged all the stakeholders to forge a common front to take the sector to the desired height, adding that “the process of bridging the gap between training and industry takes formal structure through the establishment of some kind of qualifications framework.” The Country Director, International Labour Organisation (ILO),in his key note address on “Sector Skills Council: How it has worked in other Countries,” stressed the importance of Sector Skills Council in ensuring quality assurance mechanism for effective service in the industry, and lauded the National Board for Technical Education (NBTE) as well as NIHOTOUR for their leading roles in the Hospitality and Sector Skills Council. NIHOTOUR was appointed by the NBTE to serve as the Sector Skills Council for Hospitality and Tourism sector of the Nigerian economy, and in that capacity, the Institute organised a workshop to validate National Occupational Standards (NOS), which specifies the standard of performance that people are expected to achieve in their work and the knowledge as well as the skills needed. Also through this forum, the Council brings together representatives from the stakeholders in the sector for the common purpose of skills and workforce development of the hospitality and tourism industry that bridges the skills gaps and increases productivity.

The Institute for Chartered Secretaries and Administrators of Nigeria (ICSAN) has charged the federal government to imbibe the culture of corporate governance in order to tackle the numerous challenges facing the nation. The President of ICSAN, Dr. Nat Ofo, explained that corporate governance ensures that the right things are done at the right time, and people are acting within ethical values, which would promote growth and development for the country, “no individual is trying to disrupt the change agenda of the present administration, the citizenry is working to ensure that the ideal goal of governance is achieved.” Ofo who disclosed this in Lagos recently at the public lecture of the institute with the theme: ‘Nigeria Vision 2020 and a challenging Economic Situation: Is Governance a Panacea,’ stated that the institute had contributed positively to the policy direction of the nation with its promotion of good public governance activities. “Through our annual programmes such as lectures and roundtable programmes on corporate governance we churn out practicable ideas, initiatives and policy guidelines to empower the private sector to meet contemporary business challenges,” he noted. He stated that the harsh economic situations facing the country had prevented it from actualising the vision 2020 agenda, while calling on the government to be focused on its objectives

and ensure that things should be done to ensure that the economy moves forward. Ofo added: “Presently, there is so much hardship such as foreign exchange, fuel scarcity, insecurity and unemployment. If government focus some attention on these areas, they will be able to win the hearts of Nigerians right now, Nigerians are now aware of what government is doing and this is why they are expressing doubts if the government is working towards their interests. “They should also communicate what they are doing to the people. I think what has happened to this government is that things were not as rosy as they imagined. It has been yearly one year since the present administration came to power, therefore it is enough time for the administration to chart its course and move the nation forward. “It is not proper to say that nothing has been done to address the insecurity challenges, the issue of insecurity is a very sensitive issue which should be tackled with carefully. Governance is not an easy thing, therefore trying to do the right thing involves a lot of challenges.” In his address, the guest lecturer, Prof. Fabian Ajogwu (SAN), stated that the political, economic and psychological processes must be integrated, stressing that the economic process should focus on the transparency of public accounts, the effectiveness of public resources management and the stability of the regulatory environment for private sector activity.

TUESDAY MAY 2, 2016 • T H I S D AY

CRIME&PUNISHMENT

Court Sentences Graduate to Five Years Imprisonment for Making Fake Drugs Chiemelie Ezeobi For manufacturing, distributing and selling fake drugs, a Federal High Court sitting in Asaba, Delta State, has sentenced one Osita Paul Eli to five years imprisonment without an option of fine. Prior to the judgment, the 35-year-old graduate had been standing trial since October 2015 for manufacturing, distributing and selling fake drugs and other related act. According to a statement made available to THISDAY by the Spokesperson for the

National Agency for Food and Drug Administration and Control (NAFDAC), Anslem Okonkwor, Eli was arrested at his residence in Asaba on September 9, 2015, by NAFDAC operatives. He said the arrest followed a tip-off where cartons of already produced and packaged fake drugs, machines and other equipment used for the production were also recovered before he was handed over to the police for prosecution. The statement read in part: “During his arraignment last year, Eli had initially pleaded

not guilty to a seven-count charge preferred against him, but later admitted guilt during further court proceedings that he indulged in the fake drugs manufacturing business to earn a living and meet his financial demands. “Osita Paul Eli, a graduate of economics from the University of Nigeria Nsukka, had also claimed to be first offender through his counsel, Mr. Emeka Nathaniel Orji, and pleaded for his leniency. “But the lead prosecuting

counsel, Umar Shamaki, vehemently opposed the submission, and urged the court to sentence the accused in accordance with the law, arguing that offence committed by him was grave enough to send him to jail. “Shamaki, relying on the result of the laboratory analysis of the sampled against the accused, showed that no active ingredient expected in the drugs was presented. “He insisted that it was clear

that the suspect knew what he was doing and at the detriment of public health and so should be sentenced accordingly to serve as deterrent to others as the case has become of public interest,” the statement said. Thus, the presiding Judge, Justice Anthony Faji, while delivering his ruling, found the accused guilty in all the counts especially as he admitted guilty during cross examination. He added that in view of the evidence,

circumstance and the accused’s admission to the charges, it was clear that rather than helping to use his knowledge to grow the economy of the country as graduate of Economics, he was determined to increase the population of the people in the hospital and the dead at the mortuary. Noting that the accused person abused privileges of education, Justice Faji therefore sentenced him to five years in jail without option fine.

Gunmen Kill Traditional Ruler, Nephew in Kaduna John Shiklam in Kaduna Tension is said to be building up in Karshi, Sanga Local Government Area of Kaduna State following the murder of the District Head, Bala Madaki, and his nephew, Emmanuel Tanko, last Sunday by unknown gunmen. The incident was said to have occurred at about 10:30p.m. that fateful day when the gunmen, suspected to be Fulani, stormed his residence and opened fire. Madaki, 66, and his nephew, who was said to be writing his final year secondary school examinations before the incident, died on the spot from gunshot wounds. A clergyman in the area, Pastor Mike Makarfi, said in a telephone interview that the incident took place around 10:30p.m. last Sunday. “Some gunmen who our people said were Fulani, stormed his compound and started shooting. “They went into his room and shot him point blank. They also shot a young boy, Emmanuel Tanko, who was writing his final year secondary school

examinations. The boy was the nephew of the late chief. “Right now Fadan Karshi is deserted. Shops and service centres are shut. People are either staying indoors or are leaving the town. “No one knows what is coming next, Police are patrolling the streets, but I am not sure if they have any clue about the murderers,” Makarfi said. Confirming the incident, the spokesman of the Kaduna State Police Command, DSP Zubairu Abubakar, said he was expecting the Divisional Police Officer (DPO) in Karshi to brief him with details of the incident. Meanwhile, the state Governor, Mallam Nasir El-Rufai, has condemned the killings, saying investigations were on to fish out the perpetrators. The governor, in a statement by his Spokesman, Mr. Samuel Aruwan, commiserated with the family of the victims and appealed to the people of the area to remain calm and support the security agencies to investigate the attack and apprehend the perpetrators.

Customs/Smugglers Clash Claims Six Persons in Ogun Sheriff Balogun in Abeokuta The Nigeria Customs Service and the smugglers on Sunday night clashed in Oke- Odan town at Yewa area of Ogun State following the alleged killing of three children and four others by customs officers while chasing smugglers. Some witnesses who spoke with journalists said the customs officers chased some suspected smugglers who smuggled two vehicles loaded with rice coming from Igolo, a border town between Nigeria and Benin Republic. While the vehicles were seized by the customs, the smugglers launched an attack on the customs which led to the death of three children, a roadside mechanic, panel-beater and a secondary school leaver, simply identified as Ade. Confirming the incident, the state Police Public Relations Officer, Muyiwa Adejobi and customs officer, Usman Abubakar, however, said only two people lost their lives.

WINNING THE WAR AGAINST TERRORISTS

Some of the items recovered from the hide out of Boko Haram terrorists by the troops of 22 Brigade Garrison, Operation Lafiya Dole in Borno State...Sunday

Delta NUJ Condemns Attack on Journalist

Police Arrest NURTW Vice Chair for Buying 4,256 Stolen Phones

Monday Osayande inWarri

Chiemelie Ezeobi

The Nigerian Union of Journalists (NUJ), Warri Correspondents chapel in Delta State, yesterday condemned Abubakar said three of their in strong terms the unwarranted officers sustained injury during the attack on the Sun Newspaper’s attack by the smugglers, adding correspondent in Warri, Emmanuel that three of their check points Ogoigbe, by men of the JTF at a were burnt down. checkpoint in the town. He said: “Two people have Ogoigbe was alleged to been confirmed dead. Our officers have passed information to the were attacked by smugglers on authorities of the Nigerian Army their way to Idi-Iroko office after at the weekend over the killing seizing two vehicles loaded with of a woman in Warri to avoid a rice at Ajilete. possible breakdown of law and “These smugglers carried guns, order at a nearby location. cutlasses, axe, broken bottles and In a statement made available stoned our officers with a view to THISDAY in Warri which was to recovering their vehicles with signed by the Chairman and the contraband and injured three Secretary of the Chapel, Michael officers. Ikeogwu and Akpokona Omafuaire “We had to call for reinforcement respectively, the journalists gave of military and police before we the army seven days ultimatum could escaped from the smugglers, to apologise to the union and the they burnt down three of our check victim, Ogoigbe, for the unprovoked points.” attack. Adejobi, therefore, said the “We want to state our command was aware of the displeasure over the unwarranted clash between armed men and attack on our colleague who was smugglers, saying only two only carrying out his constitutional casualties were recorded in duties of collaborating with security the crisis and that the alleged agencies in the country to forestall mastermind of the incident the breakdown of law and order,” identified as Oke Gbenro, had adding that: “We vehemently frown been arrested. at the situation whereby military

personnel who are meant to protect lives and property turnaround to brutalize, molest and sometime, kill the people they are meant to protect.” The Chapel also called on the Chief of Army Staff and the Commander of 3 battalion to fish out the culprits and call them to order to forestall a re-occurrence of the act. Chairman, Delta State Council of the NUJ, Norbert Chiazor, also condemned the attack and described it as unacceptable for whatever reason, noting that the era of military brutalization of journalists were over. Chiazor said: “We want to make it clear that we are no longer in a military era where soldiers maim and kill innocent citizens at will. The NUJ will no longer stand and fold its hands and watch the military maim and kill the people they have sworn to protect.” Recently, he Sun Newspaper Correspondent in Warri, Ogoigbe, was allegedly brutalized and forced to swim in a stagnant drainage water by one Staff Sergeant O. Joseph and his colleagues on a check point in Okoribi Quarters Off Uti street, Effurun, for passing information of a possible breakdown of law and order.

The Rapid Response Squad (RRS) of the Lagos State Police Command yesterday arrested an alleged buyer of stolen mobile phones in Lagos, one Kazeem Bamidele, the second Vice Chairman of the National Union of Road and Transport Workers (NURTW), Ajegunle Unit. The 42-year-old suspect, who confessed to have bought over 4,256 mobile phones from robbers and other criminal gangs operating within the metropolis, equally confessed to the RRS intelligence team that he had over 52 boys in the state who steal and sell those phones to him constantly. The suspect who is popularly known as ‘Elewure’ was arrested when the RRS intelligence team quizzed two stolen phones users in Kogi State in connection with some abduction and robbery cases in Lagos State. The security operatives had upon returning from a week-long investigation in Port Harcourt, Enugu and Kogi State, swung into action by arresting Bamidele at his shop in Boundary Market, Ajegunle. This was after he was fingered to have been the seller of two

Blackberry Z10 phones and a CAT phone collected from victims of robbery and abduction in the metropolis. THISDAY gathered that as at the time of his arrest, five stolen mobile phones were found on him, just as he is presently helping the police to get his boys from their hideouts. Already, two commercial buses used for robbery and ‘one-chance’ operations are presently at RRS headquarters in Alausa. In his confession, he said: “I have over 52 boys who sell clean stolen mobile phones to me. On the average, I receive 38 phones in a week. I have been in the crime for more than two years. “Boundary Market in Ajegunle, where I have an office, is where they sell the phones to me and that is where the buyers equally get them. I know they are stolen phones. Nearly every guy in Ajegunle is involved in this kind of crime. This is what we do to survive. “I was pushed into this crime by family pressure. I have two wives and seven children. I have so many dependents. What I pay as school fees alone is much.”

TUESDAY MAY 3, 2016 • T H I S D AY

NEWSEXTRA

Sacked 13 VCs: NANS Gives Education Minister 14-day Ultimatum Ugo Aliogo The National Association of Nigerian Students (NANS) has given the Minister of Education, Mallam Adamu Adamu a 14-day ultimatum to recall the 13 vice chancellors who were sacked by the federal government in February. The National President of NANS, Tijani Usman Shehu, in a letter to

the minister dated April 27, 2016, explained that the ultimatum became necessary following the failure of the minister to take advantage of the window of opportunities provided by Nigerian students to resolve the issue amicably. In the letter, which was entitled: ‘NANS demands immediate reinstatement of the vice chancellors

State of the Nation: CPC Asks Nigerians to Close Ranks for National Unity, Stability Sunday Okobi Concerned Professionals Congress (CPC) has appealed to Nigerians from all walks of life to quickly to close ranks and help government tackle the challenges currently threatening the peace, unity and stability of the country. CPC added that only genuine, patriotic and well-meaning Nigerians can save the nation at this critical time. The group’s Coordinator, Tukur Musa Tilde, and the Chief Media Strategist, Emeka Nwapa, who jointly addressed a press in Lagos yesterday, stated that if there was any time all Nigerians needed to close ranks and collectively confront certain life-threatening issues affecting the nation, “that time is now.” The group stated at an emergency meeting to deliberate on the state of the nation that the time had come for all patriotic citizens in the country to begin to spread the message of peace to all Nigerians, work for peace, pray and commit themselves to the cause of the unity and stability of the country. CPC listed the nation’s current challenges as economic meltdown, cash crunch arising from macro/ micro-fiscal reforms, general low purchasing power arising from declining crude oil sales worsened by oil and gas pipeline vandalism in the Niger Delta resulting in 1,500 megawatts drop in power generation, abductions, kidnappings, inter-community clashes and lately, an upsurge in the marauding killer herdsmen saga that has taken many lives. “The list appears endless but the situation has not diminished our faith in the unity, indivisibility

and indissolubility of this nation. “It has not eroded our trust in the ability of this nation to emerge as a potential world super power. We are fully convinced about this just as we suspect too that there are forces that don’t want this country to attain its rightful place in destiny. “This is why we urge fellow Nigerians to tarry a while for proper interrogation and introspection. How come these issues are becoming dominant now especially after we have seen the end of Boko Haram insurgency, thanks to our gallant and courageous military? These posers are critical and germane. “The answer is simple: Nigeria is at the threshold of a new dawn, we are on the verge of making history as a nation and as a people who can defy all odds to build a great country for themselves. Let us therefore turn our seeming adversity into advantage,” Tilde said. On the herdsmen challenges, the group expressed confidence that President Muhammadu Buhari’s recent directives to the armed forces and other security agencies to decisively deal with the menace will significantly unravel the brains and rationale behind the criminal acts, pointing out that Nigerians should avoid unnecessary politicisation of such issues such as the politics that prolonged the battle against Boko Haram sect insurgency. “This is purely a security issue that has no place for politics whatsoever. We must all close ranks, build a national consensus around these challenges and confront them decisively with one mind and one voice, as one people, one nation and one destiny. This is the way big nations that we see today evolved,” CPC appealed to Nigerians.

Onu Wades into Ebonyi APC Leadership Crisis Benjamin Nworie in Abakaliki The Minister of Science and Technology, Dr. Ogbonnaya Onu, has waded into the leadership crisis in the Ebonyi State chapter of the All Progressives Congress (APC). THISDAY gathered that the crisis started in 2014 when the state Deputy Chairman, Pastor Eze Nwachukwu Eze, purportedly suspended and later impeached the state Chairman, Ben Nwobashi, and laid claims of the chairmanship of the party in the state. Since the purported impeachment, it was gathered that the party became polarized and factionalized by Nwobashi and Eze, both laying claims and operating as the chairman of the

party. In a reconciliatory close-door meeting held at Onu’s country home in Uburu yesterday by some national and South-east zonal officers of the party, the minister noted that the chairmanship tussle would be resolved very soon. When asked who was the authentic chairman of the party in the state since the two factional chairmen were present in the meeting, Onu answered: “That too will be resolved soon,” stressing that reconciliation was still ongoing. He also noted that the meeting was expedient so that all the chairmen in the South-east states would strategise for the party to win all subsequent elections in the zone.

of 13 federal universities within 14 days,’ the students described the refusal of the minister to reinstate the sacked vice chancellors as directed by President Muhammadu Buhari as nothing but, “A bald-faced attempt to politicise our universities and arrest academic progression by the jugular and we have vowed to stiffly resist this.” The students stated that having exhaustively appealed to the minster’s conscience and rational reasoning on the matter without

any meaningful outcome, “You (minister) will at this point heed our call for the reinstatement of the hitherto sacked 13 vice chancellors within fourteen days of this notice or face the full wrath of the Nigerian Students.” On the actions the students intend to take in the failure of Adamu to heed their demands within the stipulated time frame, NANS warned that this would be interpreted as an, “invitation for the Nigerian Students to

occupy your Office and demand for your immediate resignation.” The students said they are perplexed and deeply perturbed by the minister for defying the voice of stakeholders in the sector as well as the directive of President Muhammadu Buhari by vehemently refusing to do the needful, noting that, “Your actions at this juncture in sticking to your guns on the sack of the vice chancellors make the perception

clearer that you took all these actions to favour your personal interests.” NANS reminded the minster that most developed countries of the world were able to achieve that feat because they did not mix politics with the issue of education. Describing the sack of the 13 vice chancellors as unilateral and unconstitutional, the students noted that the action is unhealthy for the Nigerian educational system.

FELICITATING WITH THE CHURCH

R-L: Former Deputy Governor of Lagos State, Mrs. Adejoke Orelope-Adefulire; Governor Akinwunmi Ambode; Diocesan Bishop of Lagos and Dean Emeritus, Church of Nigeria (Anglican Communion), Most Reverend Ephraim Ademowo; Justice George Oguntade (rtd.); and Justice Adedayo Oyebanji, during the official opening of the first session of the 33rd Synod, Diocese of Lagos Church of Nigeria (Anglican Communion) at the Our Saviour’s Church, Tafawa Balewa Square, Lagos....yesterday

N20bn Bailout: Kogi Governor Lied, Says Wada Yekini Jimoh in Lokoja The immediate past Governor of Kogi State, Captain Idris Wada, yesterday faulted reports credited to his successor, Alhaji Yahaya Bello, on the status of the N20 billion bailout fund approved by the Central Bank of Nigeria (CBN), stating that there was no truth in the assertion that the new administration had to apply afresh for the intervention fund from the federal government. In a statement issued by the Chief Communications Manager to the former governor, Mr. Phrank Shaibu, stated that it was part of the bailout fund approved for the state during his tenure that the CBN released, adding that Bello could not have fulfilled the conditions precedent for a state to benefit from such a fund. “It is curious that Governor Bello announced that the CBN has approved N20 billion as part of N50 billion bailout fund applied for. It was the same N50 billion we requested for out of which N20 billion was to have been released before the All Progressives Congress (APC)-led federal government created bottlenecks to frustrate us from getting the bailout. But the coincidence in the figures leaves a very sour taste in the mouth,” he noted. The former governor wondered how the new administration could have applied for a bailout when

there is no state executive council in place to approve, neither has the state assembly met to deliberate on the application, nor the staff audit embarked on by Bello to determine exact overhead cost completed. “Since the advent of the new administration, commissioners have not been appointed. So, can the state executive council have met to approve the application? The state House of Assembly has been in turmoil since January this year. Could some ghost lawmakers have been employed to approve the application? And has the current staff audit ended as to have determined the monthly workers pay? How was the so called fresh application done without meeting these conditions,” he asked. Wada stated that notwithstanding the antics of the APC, Kogi workers and the entire nation was aware that his government was denied the bailout fund as an election strategy to deny him a second term, adding that the incumbent state chief executive knows that his days in the government house are numbered. He said: “They plotted against me. The bailout fund was part of the strategy to deny me a second term in office. But their effort to play God failed. Time and fate played a fast one on them. And the man who claims to be the landlord knows that his days in government house are numbered. I know he cannot sleep with his

two eyes closed. The flagbearer of the Peoples Democratic Party (PDP) in last year’s gubernatorial election in the state however expressed enthusiasm that he would soon return to Lugard House, Lokoja as he was sure the courts would rule in his favour soon. “Governor Bello should not rejoice for long. Justice would soon be served. Truth would soon ascend the throne. And I am sure that God has destined that I shall return to the government house. I have no doubt that the courts shall rule in my favour,” he declared. Wada advised Bello not to misinform the workers and the

general public as he tried to do during the May 1st Workers Day in Lokoja on happenings in his administration, pointing out that it is cheaper to stick by the truth at all times, while noting that a clear conscience fears no accusations. It would be recalled that the state governor, Alhaji Yahaya Bello during this year May Day celebration alleged that, “The reality we met on ground at the CBN was that the previous application made on behalf of the state by the last administration was fraught with irregularities and shoddily done. In a word, it was so badly done it could never be approved. We had to start from scratch.”

Ex-CMD Igbobi, Owosina Passes on at 86 Former Chief Medical Director (CMD) of National Orthopedic Hospital, Igbobi, Chief Dr. Francis Adedoyin Oluwasijibomi Owosina, has passed on. He died on April 19, 2016 at the age of 86. He was CMD of the National Orthopedic Hospital, Igbobi from 1978 to 1989. Late Owosina was also an industrialist and a successful businessman. Aside fathering his own children, he was a father figure to many in his extended family and community.

He was survived by five children, among who are Tolani Owosina, Akin Owosina, Toyin Olatinwo, Oyinade Nathan-Marsh and Folake Ani-Mumuney. Service of Songs will hold at his Lagos residence on Wednesday, May 25, while a commendation service will follow at Archbishop Vinning Memorial Church Cathedral, Ikeja on Thursday May 26. He will be buried in his hometown in Sagamu, Ogun State on Friday, May 27, 2016.

TUESDAY MAY 3, 2016 • T H I S D AY

NEWSEXTRA

Group Accuses FG, Security Agents of Gross Human Rights Abuses Senator Iroegbu in Abuja The International Society for Civil Liberties and the Rule of Law (Intersociety), has accused the President Muhammadu Buhariled federal government of gross human rights violation aided by the activities of the security agencies. This was contained in a detailed statement signed yesterday by the

Board Chairman, Intersociety, Emeka Umeagbalasi, titled: “Ethnic Bloodshed, Rights Abuses & Other Regime Atrocities in Nigeria: Exposing The Conspiratorial Roles Of Some CSOs, Buhari Administration & Security Forces.” Umeagbalasi in the statement gave instances of what the group viewed as the conspiratorial roles of the security agents, in the state

Obaseki Condemns Attack on Edo Deputy Governor Adibe Emenyonu in Benin City The governorship aspirant of the All Progressives Congress (APC) and Chairman Edo State Economic Team, Mr. Godwin Obaseki, has condemned the attack on the Deputy Governor of the state, Dr. Pius Odubu, by unknown armed men in Auchi, Etsako Local Government Area of the state. In a statement made available to journalists in Benin City, Obaseki who called on relevant security agencies to investigate the shooting, described the incident as “not in the spirit of equity and fair play by which all political gladiators should align.” He said: “It is with sadness and horror that we have received the news of the terrible shooting incident in Auchi of the political entourage of the deputy governor of the state, Odubu, a candidate for the office of governor on the platform of the APC. “The Godwin Obaseki Campaign Organisation strongly condemns this dastardly act. This is not in the spirit of equity and fair play by which all political gladiators should align. “I, Mr. Godwin Nogheghase Obaseki, the Chairman of the Economic Strategy Team of the state

and gubernatorial aspirant of the APC (and my team) unequivocally condemn this senseless act of violence.” While asking and encouraging all politicians not to use violence of any sort as a tool for electioneering, he however urged all politicians to take heed and be mindful of incendiary comments and rhetoric that could encourage violence of any sort. “We have hitherto made a call asking all those in politics to adopt a policy of non-violence. Our resolution on non-violence is unshaken, and we ask again that all politicians embrace this policy. “We have also called on the security agencies to investigate this incident thoroughly, unmask the culprits, expose their sponsors and ensure that all the perpetrators are brought to justice swiftly. “Our prayers and best wishes go out to the victims, friends, loved ones and families of those who were hurt in this horrendous affair. “Finally we enjoin all to refrain from using this unfortunate incident as a political capital tool. “We ask our supporters and all indigenes of the state to remain vigilant and report any suspicious activity capable of disrupting the peace and harmony of the state,” Obaseki said.

of insecurity and killings across the country. He noted that while the security agencies including the military, Nigerian Police and Department of State Services (DSS), were quick to act in arresting and quelling protests by members of Indigenous People of Biafra (IPOB) and Movement for the Actualisation of the Sovereign State of Biafra (MASSOB), they were on the other hand slow to act in defence of the defenceless citizens in Agatu in Bunue and Nimbo at Uzo-Uwani in Enugu State massacred by suspected herdsmen. The group also cited the speed with which the DSS alleged that about five “Hausa-Fulani” were killed and buried in a shallow grave but have been silent on the alleged killings of over 80 IPOB members and as well as the “butchery” of over 400 people in Agatu, Nimbo and other parts of the country by the suspected Fulani herdsmen. Part of the statement read: “As recently as Saturday, April 30, 2016, the Governor of Enugu

State, Hon Lawrence Ifeanyi Ugwuanyi, made a shocking revelation of how relevant security chiefs in the State including the CP and the GOC of 82 Division of the Nigerian Army were duly informed over eight hours before the Ukpabi-Nimbo Fulani killings, yet they could not do anything. The State CP, Ekechukwu Nwodibo, obviously acting on a script from the above, had after the butchery claimed that “hoodlums not Fulani herders (Janjaweed) carried out the killings”. “Recently, 76 unarmed and innocent natives of Ugwuneshi Autonomous Community in Awgu Local Government Area of Enugu State were arrested and tortured by soldiers of the 144 Battalion in Abia State; detained and influenced a feeble magistrate to remand them in prison for fifteen days for protesting against the menace of the Fulani herders and their armed Janjaweed in their area. As if that was not enough, the DSS recently arranged a press conference where it accused IPOB of “killing five Hausa-Fulani

civilians.” The accusation turned out to be watery, vexatious and grossly unsubstantiated. In the Agatu and Ukpabi-Nimbo (Uzo Uwani) butcheries by the Fulani Janjaweed, in which over 300-400 defenseless citizens mostly women and children were killed; the DSS has not said anything or arrested anybody till date. “Just recently, the Commissioner of Police Anambra State, CP Hosea Karma publicly claimed that ‘IPOB and MASSOB activities’, were his major security headache. How nonviolent protests guaranteed in democratic society and the Constitution have become violent crimes warranting the CP’s security headache, has not been publicly explained by the CP till date”. Speaking further, Umeagbalasi alleged that a frightening dimension has been introduced into the security situation in the South East and South South geopolitical zones whereby security agents have now disguised as cobblers and hawker in order to penetrate nooks and crannies of

the region for intelligence gathering “coordinated operation” According to him, there are continuing reports of sponsored security personnel particularly members of the armed forces posing as “alamajari” shoe makers or shoe shiners, “Mai-ruwa” (water fetchers), beggars, finger nail cutters, and barrow pushers flooding the streets of southern cities particularly those of the Southeast and the Southsouth regions for the purpose of embarking on well coordinated intelligence gathering missions for Hausa-Fulani oligarchs. He said: “ From Nnewi to Onitsha; Awka to Ekwulobia; Abakiliki to Enugu; Umuahia to Aba; Owerri to Port Harcourt; the number of cities under siege by those marauding elements is many to be named. “In Nnewi, Anambra State, for instance, a doctor of a teaching hospital recently ran into an officer he knew way back in the north, called Sani, whom he saw posing as a shoe shiner along a road in Nnewi.”

NYSC, CBN, BoI Plan to Introduce Loan Package for Corps Members, BRAND EXHIBITION Says Kazaure L-R: Managing Director/Chief Executive Officer, Airtel Nigeria, Mr. Segun Ogunsanya; Commissioner for Science and Technology, Lagos Mohammed Aminu in Sokoto The Director General, National Youths Service Corps (NYSC), Brig-Gen. Sule Zakari Kazaure, yesterday said the scheme was planning to introduce a loan package for corps members in view of the prevailing economic hardship in the country. Speaking while addressing 1604 Batch ‘’ A’’ corps members currently undergoing a threeweek orientation exercise at the orientation camp in Wamakko council Sokoto, Kazaure stated that the proposed loan package is being packaged in partnership with the Central Bank of Nigeria (CBN) and the Bank of Industry ( BoI). According to him, the loan scheme would provide certain amount of interest-free loans to the corps members after the completion of their one year service. “The money will be advanced to them with a view to establishing their various business ventures as the white collar jobs are becoming increasingly scarce.

“The beneficiaries are expected to be made self reliant and even become employers of labour, Kazaure said. He urged the corps members to be passionate in whatever they do, saying doing so will help them to explore their potentials and capabilities. The NYSC DG further reminded the corps members NYSC is all about national service and national integration. The DG also said the various activities lined up at the orientation camp were aimed at preparing them for the challenges ahead during and after service. He called on the corps to integrate with the host communities, dress decently, as well as respect their culture and traditions. Kazaure assured the corps members that the management of the scheme and all the stakeholders were fully committed to their security and general welfare. He admonished the corps members to help in providing the needs of their host communities.

State, Mr. Olufemi Odubiyi and Executive Secretary, Oniru/Victoria Island Local Council Development Area (LCDA), Mr. Muyideen Daramola, during the inauguration of the new A ‘ irtel Expo Centre’ at Adeola Odeku Street, Victoria Island,Lagos...recently

Kaduna Spends N17.7bn of Budget in First Quarter John Shiklam in Kaduna The Kaduna State Government has spent N17.7 billion in the first quarter of its budget implementation. The Commissioner of Finance, Alhaji Suleiman Abdu Kwari, disclosed this while presenting the first quarter budget performance report to the state House of Assembly. Kwari told the legislators that the presentation of the budget performance report was informed by Governor Nasir el-Rufai’s quest to ensure accountability and transparency in governance. Reviewing the budget performance, Kwari recalled that the 2016 budget was based on 60:40 expenditure profile for capital and recurrent, adding that key priorities for the budget include infrastructure, healthcare,

security, jobs and agriculture with the education sector being given the utmost priority. He disclosed that capital spending in the first quarter amounts to an unprecedented N7billion, with N4.9billion going to the education sector for school renovation, furniture, and uniforms and almost a billion naira as payments for the Zaria Water Project, while N10.7billion was spent on salaries, pensions and overheads. Kwari added that many ministries have spent the first quarter launching procurement processes for their projects, adding that capital spending is expected to be ramped up in the second quarter. The commissioner, according to a statement by Governor ElRufai’s spokesman, Mr. Samuel Aruwan, told the legislators that

the government has adopted a Budget Adjustment Mechanism to cope with the steep reduction in revenues, explaining that a Budget Adjustment Mechanism is a strategy to ensure full payments of personnel cost, before offsetting Capital cost. The statement said Kwari also briefed the House on the internal revenue generation efforts of the state government, quoting him as saying: “The Kaduna State Government budgeted about N45.8billion mainly in Tax revenues to be generated by the internal revenue which roughly translates to about N3.75billion monthly. “In order to achieve this audacious goal, the governor embarked on an emergency reform of the Kaduna Board of Internal Revenue. This culminated in the emergence of the Tax Codification and Consolidation Law 2016 and

the creation of Kaduna Internal Revenue Service (KADIRS).” The commissioner said a renowned consultancy firm was engaged to drive the successful take-off of KADIRS in meeting the set revenue target as well as the inauguration of a high powered Task Force that will address the challenges of increasing IGR. He said further that in order to accelerate the implementation of the capital budget, the state government has initiated quarterly budget implementation retreats to ensure fast tracking and prioritisation of projects with wide impact on the people. He added that the government is also launching a comprehensive monitoring and evaluation mechanism which will, for the first time, involve ordinary people of the state in monitoring the performance of government.

T H I S D AY • TUESDAY MAY 3, 2016

TUESDAYSPORTS

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

U E FA C H A M P I O N S L E AG U E

Iheanacho Focused on Real Madrid Clash Kunle Adewale with agency report

Kelechi Iheanacho has put aside the brace he scored in Manchester City’s 4-2 defeat away to Southampton last Sunday and is now focused in helping the Citizens qualify for the final of the UEFA Champions League. City is away to Real Madrid tomorrow in the second leg of the semi final clash. “We need to put this result (the defeat to Southampton) behind us and focus on the UEFA Champions

League game against Real Madrid on Wednesday,”Iheanacho told City TV yesterday. While admitting that a lot of things went wrong with City’s game plan, the former Under-17 World Cup winner insisted that they cannot afford to dwell in the past now. “So many things went wrong in the game. We lost so many balls and did not defend quite well. “We lost. We are not happy but we will try and put this behind us and come back stronger. “We have to keep our heads

down and focus on the upcoming games,” stressed Iheanacho. The Nigerian forward is looking forward to winning the remaining two games to make top four finish possible for City to guarantee a Champions League slot. “We have two games left now and we have to focus on winning them so we can finish in the topfour and qualify for next season’s UEFA Champions League.

“I scored two great goals which were important for me and for the team as well but unfortunately we lost so the goals won’t mean (much). Iheanacho headed home City’s first goal in the 44th minute before completing his brace 12 minutes from time with a supremely-taken curler which left the Saints goalkeeper, Fraser Forster with no chance. He has now scored

seven league goals this season but he continues to keep his feet firmly on the ground. The City starlet has netted seven times for the club this season and acknowledges that it is a healthy return. “I am pleased with my performance getting goals in the Premier League and having come through to the first team this season.

“I have to continue working hard to get more goals and help the club (do well) in Europe. “I have to continue working hard because nothing is enough in football. “I have to convince (the manager, Manuel Pellegrini) that I deserve to be in the City first team). Iheanacho has scored 13 goals in all competitions for City this season.

Mikel Rejects Mega Deal to Leave Chelsea Nigeria and Chelsea FC midfielder, John Mikel Obi, is believed to have turn down moves to have him join one of Turkish sides, Galatasaray and Fenerbahce, in January winter transfer. According to UK’s The Sun, Galatasaray had offered the Super Eagles player around £110,000 per week to leave Stamford Bridge as they look to pull the rug off the feet of their Turkish rivals in the race to land Mikel. If Mikel had accepted that offer, he would have pocketed around £5.7 million in a year. The 29-year-old instead decided to remain at Chelsea to play himself back to reckoning after initially sitting out in the early periods of the season when Jose Mourinho was in charge.

The arrival of Guus Hiddink after Mourinho’s sack has led to the Nigerian enjoying a healthy spell of first-team football, and he has 22 league appearances for the Blues this season. However, Mikel’s contract at Stamford Bridge runs out in 2017 though the player is reportedly hoping for an extension that will keep him in London after his 10-year stay with the Blues. All of that will probably be sorted out in the summer when Italian, Antonio Conte, takes charge as manager at Chelsea. Mikel had a decent outing in Chelsea’s 2-2 draw with London rivals Tottenham Hotspur at Stamford Bridge last night to end the Premiership ambition of the men from Northern part of the famous city.

Special Olympics Nigeria to Hold 2016 World Malaria Day Special Olympics Nigeria, has concluded plans to commemorate the World Malaria Day 2016 in Nigeria with the support of ExxonMobil, The official theme for the day will be“End Malaria for Good”. According to a statement from the Special Olympics Nigeria, attendees will be invited to take part in activities such as a unified soccer match, Family health forum (FHF), Health Talks with demonstrations, HIV and malaria tests plus provision of available treatment, voluntary counselling, and distribution of mosquito nets. This year the event will take place on Saturday, May 7, 2016 at the St. Finbarr’s College, Akoka, Yaba, Lagos at 9.00a.m. World Malaria Day established in May 2007 by the 60th session of the World Health Assembly, (WHO). World Malaria Day, is an event that raises awareness on the need for continuous investment and support to various countries, in their efforts to control and eliminate malaria as well as provide information and support where necessary for malaria. It is commemorated every year on April 25. According to the World Health Organization (WHO), 3.2billion people are at risk of malaria, resulting in over 198 million cases and some 755,000 deaths every year. It is also known that individuals

living in poor countries are the most vulnerable to malaria. The statistics also showed that in 2013 alone, an alarming ’90 per cent of the world’s malaria deaths occurred in Africa and over 430,000 African children died before their fifth birthdays’. SO Nigeria is currently implementing the ExxonMobil Malaria/HIV Initiative in Special schools/centres and regular schools in Lagos State. The Initiative involves working with partners such as Grassroots Soccer, to teach athletes about malaria and HIV/AIDS using football. This is an effective platform for bringing together and providing young Nigerians with relevant information about the prevention of Malaria and HIV/ AIDS, treatment, as well as basic life-saving skills. For nearly a decade ExxonMobil Foundation has been in the forefront of the fight against malaria in Nigeria. Through Mobil Producing Nigeria, ExxonMobil Foundation has directed almost $15 million dollars to malaria programmes throughout Nigeria, working with dedicated partners. Special Olympics Nigeria is part of a worldwide movement (Special Olympics International) that is aimed at changing the misconceptions individuals have about people with intellectual disabilities (PWID).

Okereke Maduabuchi of F.C IfeanyiUbah (2nd right) up against Stanley Okoro and Ndifreke Effiong of Abia Warriors during their NPFL Match Day 14 clash last weekend PHOTO: LMC Media

Okpekpe Race Charity Partners Unveiled Organisers of the IAAF Bronze Label Okpekpe International 10km Road Race have unveiled three charity partners for the fourth edition of the race which holds this Saturday in Edo State. Spokesman for the race, Dare Esan, revealed yesterday that the first charity run will be for breast cancer which will be anchored by Miss Nigeria in conjunction with Sebeccly Cancer Care. ‘’Sebeccly Cancer Care is dedicated to cancer prevention and committed to helping more women survive breast cancer in Nigeria. “They want to use the Okpekpe 10km road race to raise awareness about the causes and prevention of breast cancer as well as screen the rural women for breast cancer,” said Esan. The second Charity will be

for the orphanage by ‘We Care Trust’ which is a pet project of Mrs Lara Oshiomhole, wife of the governor of Edo State. “Mrs Oshiomhole is so passionate about children in the orphanages and has partnered us to let people know their plight as well as raise funds for them while the third charity run will be for safer roads and fuller lives by the Federal Road Safety Commission,” Esan further revealed that tne Saturday’s race is not about the prize money alone. “The Okpekpe International 10km Road Race is not all about running for the prize money. All over the world people have seen the power of sport to raise funds and awareness about any project or cause and road running has been a very veritable vehicle for achieving this purpose,”said Esan.

“This year we are introducing another dimension to the race as many of the runners will be racing for humanity. While the elite athletes will traditionally be running for the money, others will be running for the charity of their choice to promote the awareness about breast cancer, about children in the orphanages who need our care and trust and of course about our roads which we want to make safer,” Esan continued who added that opting to run a race for a charity is a fantastically rewarding experience. “Apart from the three charities offering guaranteed entries to run in the race on Saturday, each charity also offers their own benefits to their fund raisers,” explained Esan. “A charity that benefits enormously from runners efforts

is Hope for Children. Hope raises about £1m per annum but nearly £100,000 of that comes from runners at the Edinburgh Marathon. The charity supports 300 projects around the world.This is the culture we want to start building with the Okpekpe International 10km Road Race.” Esan has thus called on potential runners who hitherto lack the motivation to run to come out there at Okpekpe and run for their chosen charity, raise awareness and funds for it and get fit. “Don’t underestimate the ‘feel good’factor if you’re raising funds for a good cause. The idea that you’re helping people less fortunate than yourself or supporting a worthwhile service can have a powerful effect on your sense of self-worth. And it will put a little extra petrol in your engine for that challenging last mile or so,” said Esan.

GOtv Boxing Night 7: Joe Boy Wins National Lightweight Title, N1m Oto“Joe Boy“ Joseph, on Sunday night became the national lightweight boxing champion after defeating Nurudeen Fatai at GOtv Boxing Night 7, held at the National Stadium, Lagos. The bout lived up to its billing, with both boxers giving their best. Joe Boy, who once defeated Fatai by a knockout, seemed

he was minded to repeat the trick. Fatai, however, stood firm. He had to endure a lot of punishment from his nimbler and clearly better opponent right up till the end of the 12-round contest. Joe Boy was announced winner by unanimous decision and was adjudged best boxer of

the night, winning N1million and the Mojisola Ogunsanya Memorial Trophy-for the second time. In other fights, Idowu Okusote defeated Chibuzor Vincent by a first round knockout out in their cruiserweight bout, while Rilwan Babatunde defeated Osamudiamen Goodluck in

their lightweight duel. Another winner on the night was Chukuwebuka Ezewudo, who defeated Ganiyu Kolawole in a middle weight duel. The heavyweight category delivered the only drawn bout at the event, with neither Ebenezer Okoli nor Abiodun Afinnih able to swing things to his advantage.

T H I S D AY •TUESDAY MAY 3, 2016

TUESDAYSPORTS U E FA C H A M P I O N S L E AG U E

Guardiola Under Pressure to Bounce Atletico Bayern Munich’s coach Pep Guardiola knows he needs to prove his critics wrong by overturning a 1-0 first-leg deficit against Atletico Madrid in tonight’s crunch home Champions League semifinal. Guardiola and Bayern are bidding to avoid losing a semifinal to a Spanish side for the third year running having lost the first-leg last Wednesday at Atletico after Saul Niguez’s early solo strike. Having won 14 titles in four years at Barcelona and six titles so far in three years with Bayern, Guardiola hopes to sign off in charge of Munich by lifting the Champions League trophy at the final on May 28 in Milan. Bayern have exited the Champions League semifinals for the last two years running with defeats to Real Madrid in 2014, then to Barcelona last year. Another exit at the hands of Spanish opposition will not go down well in Bavaria, especially in the wake of Guardiola’s decision to start the first leg in Madrid with Germany star Thomas Mueller, Bayern’s top scorer in Europe this season, on the bench. The decision drew plenty of criticism from the German media and, by his own admission, the Munich leg is Guardiola’s “final bullet” in the battle to prove any critics wrong before he leaves to coach Manchester City next season. “I have read in a German newspaper that

The second leg semi final clash between Bayern Munich and Atletico may turn out the defining moment of Guardiola adventure in Germany my work in Munich will only be valued, and the job considered done, if I win the Champions League. That’s how it’ll be seen,” Guardiola told reporters after Bayern saw off Benfica in the quarterfinals. Bayern have been unstoppable at home in Europe this season, winning all five games at the Allianz Arena, but needed extra time to come back from 2-0 down to beat Juventus 4-2 at home in the second leg of the last 16. They have won all 11

home games in Europe since being hammered 4-0 in the Munich leg by Real Madrid in the 2014 semifinals, having lost 1-0 in Spain. But, as they demonstrated in Saturday’s 1-1 Bundesliga draw at home to Borussia Moechengladbach, they are simply not currently playing well, as they typically sat back after taking an early lead through Mueller’s header. The result denied Bayern the victory which would have confirmed them as Bundesliga champions,

now they have to wait until Saturday’s away game at Ingolstadt when they could become the first club to win four straight German league titles. The good news from the Gladbach draw is that Germany defender Jerome Boateng is fit again after 99 days out with a groin injury having played the first 68 minutes in Munich. “It was important to get a few minutes. I hope with the emotions of the game I’ll have the strength to play for the 90 minutes (against Atletico).

The tempo will be very different,” said Boateng. “Our chances are good. We’re playing at home, the pitch will be good and we want to put pressure on from the start.” In turn, Diego Simeone’s Atletico were boosted by the news Uruguay defender Diego Godin and Belgium winger Yannick Carrasco took part in training on Sunday after injury. Godin has missed the last two weeks with a hamstring injury and is set to return as the cornerstone of Atletico’s defence in their

bid to repeat their run to the 2014 final, there they lost 4-1 to Real Madrid after extra-time. “It is the best thing to have great games and the tiredness matters little,” said Atletico’s Antoine Griezmann, the goal-scorer in their 1-0 Spanish league win over Rayo Vallecano on Saturday, when Simeone made seven changes. “We are very enthusiastic. Every player dreams of playing in a Champions League semifinal and we will give everything.”

Formula 1: Hamilton Still in Title Race, Says Rosberg Nico Rosberg insists he still faces a tough fight from Mercedes team-mate Lewis Hamilton for the title despite winning the season’s first four races. Rosberg leads the British world champion by 43 points after Sunday’s Russian Grand Prix. “I am well aware Lewis is

going to bounce back when he has a clean weekend and it will be the usual tough battle against him,” the German said. “Sport is all about ups and downs. I just need to mentally prepare.” Victory at Sochi was Rosberg’s seventh in a row, dating back to last October’s

Rosberg won the Russian Grand Prix last Sunday

Mexican Grand Prix, the race after Hamilton had clinched his third world title. Only three other drivers in F1 history have achieved that feat - Alberto Ascari, Michael Schumacher and Sebastian Vettel - and all went on to win the championship that year. But Rosberg said: “The other

people did not have Lewis Hamilton as their team-mate. “Yes, I have a good points lead but there are 425 points to go and I have only a 43-point lead. It is completely not worth talking about. “Lewis is driving as strong as ever. For sure he will bounce back massively. He doesn’t have an issue with fighting back either with his head. “I am sure we will see a lot more of the battle between us and it is always going to be a tough battle.” Rosberg admitted becoming only the fourth driver in history to win seven in a row “sounds cool”. However, he added: “It is not my focus. Yes, it is a great start but I just enjoy winning, race by race. Barcelona next.” Rosberg’s advantage means Hamilton would have to win and finish second without the German scoring to draw level. Hamilton finished second in Russia after starting 10th on the grid because of an engine failure in qualifying. The problem was in the

same part that broke in China two weeks ago and left him at the back of the grid. He said: “He has a buffer knowing even if he has two bad weekends he is still in the fight, which is a huge confidence boost, and generally he has been starting at the front with no-one to really bother him, so it has been a nice Sunday drive for him. But there are still 17 races to go and still 17 races I can give him hell.” But Hamilton said he was concerned about the likelihood of receiving grid penalties later in the season - because he was using up engines quickly and because he already has two reprimands and a third would mean an automatic 10-place grid penalty. “It’s not that it hurts,” said Hamilton, who was closing on Rosberg in Russia before being told to back off because his engine was losing water pressure. “I don’t sit here all happy, because nothing has gone particularly well. I got

myself back up there and wasn’t able to fight for the win. “I believe I had a chance to win. That is the only thing in my mind. “Also I am running out of engines as the races go by. It is not hurting, it is just not great. “I am aware there is likely to be one more 10-place penalty because I have one more reprimand to go. The last one was just ridiculous.” Mercedes F1 boss Toto Wolff said the team had “let Hamilton down with the engine” and that they would urgently try to get to the bottom of the problems. “This is a mechanical sport and these things happen,” Wolff said. “We had a problem on the MGU-K drive on Nico’s car and it looked as if he might not finish the race. “We are pushing the limits a lot on the chassis and the engine a lot in order to have a competitive car and this is why we are winning races, but if you push the limits at a certain stage you go beyond them.”

T H I S D AY •TUESDAY MAY 3, 2016

TUESDAYSPORTS

Leicester Crowned Champions at Stamford Bridge Chelsea holds Spurs to end their ambition

Jamie Vardy (right) contributed more than any other player to earn Leicester City their first Premiership title Leicester City has won the Premier League title in one of the greatest sporting stories of all time. Tottenham’s 2-2 draw at Chelsea last night confirmed a stunning achievement for Claudio Ranieri’s side. Leicester started the campaign as 5,000-1 outsiders for the title after almost being relegated last season. But they have lost just three league games in what has been described as a “fairytale” and the “most unlikely triumph in the history of team sport”. Closest challengers Spurs, Arsenal, Manchester City, Manchester United and last year’s champions Chelsea, have all failed to match the Team

W D 22 11

Vardy Named Footballer of the Year

GA GD

Pts

Tottenham

19 13

19 10

Man City

19 7

Man Utd

17 9

West Ham

15 14

16 9

Liverpool

15 10

Chelsea

12 12

Stoke

13 9

-14

Everton

10 14

Watford

12 8

-6

Swansea

11 10

-13

West Brom

10 11

-14

11 8

-20

Bournemouth 36

- Watford, Norwich and Bournemouth - were longer odds for the league title. Ranieri, who took over from the sacked Nigel Pearson in the summer, was seen as an uninspired choice by some fans and pundits after his predecessor had overseen a run of seven wins in nine games as Leicester escaped relegation in 2014-15. The Italian’s previous job ended abruptly when his Greece side lost to European minnows Faroe Islands during Euro 2016 qualifying. Yet the charismatic 64-yearold’s side - assembled for less than £30m and playing pacy, direct, counter-attacking football - has confounded the experts.

L 3

Arsenal

Southampton 36

highest Premier League finish of eighth in 2000, said: “Not only is it a brilliant story, but it gives everyone that little bit of hope again. That romance has not left football. “It’s been the talk of Europe, there’s no question about that. Everything about this season has been remarkable.” It is Leicester’s first topflight title and the club, owned by Thai billionaire businessman Vichai Srivaddhanaprabha, has also qualified for next season’s UEFA Champions’ League group stages for the first time. The Foxes started the season among the favourites for relegation and only the three promoted sides

Manchester United on Sunday, Tottenham needed to win all three of their remaining league games to catch the Foxes. But their title hopes were ended when they squandered a 2-0 lead to only draw at London rivals Chelsea. Match of the Day pundit and former Newcastle United, Blackburn Rovers and England striker Alan Shearer said Leicester’s achievement was “the biggest thing ever in football”. Shearer, who won the Premier League in 1995 with underdogs Blackburn, told BBC Sport: “For a team like Leicester to come and take the giants on with their wealth and experience - not only take them on but to beat them - I

STANDINGS Leicester City 36

think it’s the biggest thing to happen in football.” Former Leicester, Everton and England striker Gary Lineker described his hometown team’s achievement as “the biggest sporting shock of my lifetime”. The Match of the Day presenter had suggested the Leicester players were on the “edge of sporting immortality” last month. Leicester East MP Keith Vaz said: “This is a miracle which has captured the imagination of the sporting world and beyond. People in every corner of the globe now know where Leicester is.” Former Foxes manager Martin O’Neill, who led the club to their previous

Foxes’ consistency across the season. “In terms of domestic football, Leicester City winning the Premier League is the greatest achievement ever and I think it will never be surpassed,” former Leicester midfielder Robbie Savage told BBC Sport. “It is incredible. This is a turning point in Premier League history.” Savage added: “I’m speechless, it is unbelievable. I’ve seen England win the Ashes and get OBEs and MBEs. This Leicester team’s achievement is greater than any of that. They should be recognised in the honours list.” After Leicester drew 1-1 at

Cry’ Palace

10 9

-10

Newcastle

-25

Sunderland

-18

Norwich

-26

Aston Villa

-45

Leicester City striker Jamie Vardy has been voted Footballer of the Year by the Football Writers’ Association (FWA). The 29-year-old has scored 22 league goals to help fire his team from 5,000-1 outsiders to odds-on favourites to win the Premier League title for the first time this season. Vardy, who built his career away from the spotlight at Stocksbridge, Halifax and Fleetwood Town, became the first player to score in 11 consecutive Premier League matches earlier this season. “The Jamie Vardy story clearly captured the imagination of so many writers,” FWA Chairman Andy Dunn told Reuters. “His record-breaking feat of scoring in 11 consecutive matches is the jewel in what will surely be Leicester City’s Premier League crown. “And the Footballer of the

Year award is not just a reflection of his fantastic season but recognition of a remarkable journey from nonleague to the international stage.” Vardy, who won 36 per cent of the vote, is the first Englishman to win the award since Scott Parker in 2011 and the first Leicester player to win it since it was started in 1948.

In winning the award, he beat team mates Riyad Mahrez and N’Golo Kante, who finished second and third, while Danny Drinkwater, Kasper Schmeichel, Wes Morgan and Danny Simpson were the other Leicester players who received votes. “It is testament to their all-round excellence that so many Leicester players polled votes from our members,”

Dunn added. Leicester who leads the division by seven points ahead of second-placed Tottenham Hotspur, was crowned champions last night as Spurs drew 2-2 with Chelsea at Stamford Bridge. Vardy, who was suspended for Leicester’s last two games, will return to the side for their home match against Everton next Saturday.

Federer Withdraws from Madrid Open Roger Federer has withdrawn from this week’s Madrid Open tournament because of a back injury. Federer, 34, said he had sustained the problem during practice on Saturday and had pulled out as a precaution. The world number three hopes to play in the Masters event in

Rome from 9-15 May, the last major tournament before the French Open. Federer, Madrid champion in 2012, returned to action in Monte Carlo in April following knee surgery. “I arrived and I was OK,” said Federer.“Then I practiced on Saturday and hurt my back

a little bit and stopped early. I was supposed to practice for two hours - I had to stop after an hour and 15 minutes. “At this point I don’t want to take more chances as I know I’m not going to be fully ready for Wednesday. I would rather play it safe and rest up now and get ready for Rome.”