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TUESDAY JUNE 14, 2016 T H I S D AY
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TUESDAY, JUNE 14, 2016 Ëž T H I S D AY
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NEWS
Ă?ĂĄĂ? ĂŽĂ“ĂžĂ™Ăœ Davidson Iriekpen Ă—Ă‹Ă“Ă– davidson.iriekpen@thisdaylive.com, 08111813081
Alison-Madueke: I Leave Those Maligning Me to God Former Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke, has expressed displeasure with the recent reports of allegations of corruption against her in the media. Reacting to a documentary by Al Jazeera, in which it was alleged that her piece of property in Abuja worth $18million and her jewelry worth $2million - being proceeds of alleged corruption - were seized by the Economic and Financial Crimes Commission (EFCC), Alison-Madueke said she was “comfortable� before she became a minister, hence she could afford some luxury. She described as cold-hearted, those maligning her in the media while she was battling cancer. The statement which she personally signed, read: “My attention has been drawn to a report by Al Jazeera, which was released on Monday as a testament to the effectiveness of EFCC in its war against corruption. “In the video report, which has been widely circulated in the social media, there are claims about me owning a property in
Abuja allegedly worth $18 million. The report, which represents everything ridiculous and despicable about professional media practice and global best practices in the war against corruption, is the latest attempt to give a dog a bad name in order to hang it. Clips of jewelry allegedly worth over $2 million were also copiously displayed as if to feed the cravings of an audience gratified with the notion that every wealthy Nigerian is corrupt. “This will not be the first time calculated attempts have been made to demonise and damage my reputation in the public space. Many times, my detractors have gotten away with these irresponsible smear campaigns because they have become accustomed to my characteristic approach of silence in the face of these callous attacks. “The latest in the string of propaganda attacks launched against my person since I left government as Nigeria’s Petroleum Minister is this Al Jazeera report, which without any court conviction anywhere in the
world attempts to dress Diezani Alison Madueke in the garb of a common criminal. This, to say the least, is the height of journalistic brigandage and a sheer mockery of Nigeria’s anti-corruption war before the eyes of the world who are watching and asking if the war against corruption is a circus show where suspects are prosecuted and sentenced on the pages of newspapers and video blogs without anything as remotely in the semblance of a trial in the courts of law. “When did it become a crime to own a property in Nigeria? When did it become a crime for a woman of my status to have in her possession, jewelry? Jewelry, which women all across the world, including the woman selling tomatoes in Bodija market have in abundance in their closets? In which court of law, anywhere in the world was I prosecuted by the EFCC and
found guilty of corruption? “With all sense of modesty, I say this only for posterity and for the records. I have strived within my means and the blessings of God to live a decent and accomplished life. I studied architecture in England and obtained a bachelor’s degree from Howard University, United States of America in 1992. When I returned to Nigeria that same year, I joined Shell Petroleum Development Corporation. In 2002, I obtained an MBA at Cambridge University, United Kingdom. “In April 2006, I was appointed by Shell as the company’s first female Executive Director in Nigeria. In July 2007, I was appointed by the late President Umaru Musa Yar’Adua as Minister of Transport. The next year in December 2008 I became Minister of Mines and Steel Development. “In April 2010, I was appointed as Minister for Petroleum Resources
and served in that capacity till May 2015. During this period as Petroleum Minister, I had the honour of serving Nigeria and representing her in the Organisation of Oil Exporting Countries (OPEC) where I was elected first female President. All through my career, I have strived to maintain a record of hard work, integrity and excellence, giving my best to society, because my parents raised me in the consciousness that a man or woman’s greatness is defined not by the amount of wealth they have acquired but the impact of their service to God and humanity. “Coming at such a critical time in my life when I am battling cancer, this poorly executed propaganda bares on its face like tribal marks, a clearly malicious attempt to victimise an innocent woman in what appears an exaggerated plot to validate and give credibility to the anti-corruption crusade under Nigeria’s new regime.
“People who are battling cancer or those who have lost their loved ones to this medical condition understand what I am going through at this time. This is what makes me ponder at the coldheartedness of those who will go any length to defame and destroy in the name of propaganda. What happened to our shared humanity? “I have absolute regard for the law and believe that people who have breached the laws that govern societies should be made to face the wrath of the law. But in a civilised society, a responsible government owes its citizens absolute commitment to the principles of rule of law, equity, fairness and justice. I have been wrongfully and maliciously maligned and those behind this reckless action know it. “I leave them to posterity, their conscience and above all the Almighty God who is the final judge of all.�
Buhari Meets Archbishop of Canterbury, Welby The Presidency yesterday released the first photos of President Muhammadu Buhari, after he left Nigeria last Monday, June 6, 2016, for a 10-day vacation and travel to London to rest, as well as see an Ear, Nose And Throat specialist (E.N.T) for a persistent ear infection. The presidency in a tweet via its verified Twitter, @ NGRPresident, disclosed that President Buhari yesterday,
in London received the 105th Archbishop of Canterbury and the most senior bishop in the Church of England, Justin Portal Welby, as well as the Secretary General of Anglican Communion Worldwide, Most Revd Josiah Idowu Fearon. The Presidency tweeted: “PMB today in London received @JustinWelby & Sec Gen of Anglican Communion Worldwide, Most Revd Josiah Idowu Fearon.�
Kachikwu: Buhari will Allocate Oil Blocks to South-south Indigenes The Minister of Petroleum Resources, Ibe Kachikwu, has said President Muhammadu Buhari has not allocated a single oil block since he came into office. Kachikwu said when the president eventually starts, South-south indigenes would have their share. At a town hall meeting in Uyo, the Akwa-Ibom State capital, organised by the Federal Ministry of Information and Culture, a Nigerian asked the minister why oil block allocations favoured the North rather than the South-south, where most oil blocks are located. Answering, Kachikwu, said this was not the doing of President Buhari, emphasising that the president would follow due process in allocation of oil blocks when the time comes. Kachikwu also disagreed with the Minister of Transportation, Rotimi Amaechi, on the establishment and maintenance of the Maritime University in Akwa-Ibom.
“I disagree with the minister of transport. Any facility in the South-south, we should work towards developing it, I don’t care the circumstance. It is not my business whether land was valued at 19 or 10 million,� he said responding to Amaechi’s claim that land for the university was valued at N13 billion. “That has nothing to do with development of infrastructure. As far as I know, so much has already gone into that, so much fiscal asset has been developed. We are not going to throw away the baby and the bath water. “We’ll deal with the issues but the university will be developed. If he (Amaechi) doesn’t want it in maritime, I will take it in Petroleum. “On the issue of negotiations, again I disagree with him. There’s no theatre in the world where conflicts are being resolved through battle. It doesn’t matter who’s right, who’s wrong.�
IĂ M STILL IN CHARGE
Former Acting National Chairman, People Democratic Party (PDP), Senator Ali Modu Sheri (second right), with his entourage arriving at the PDP headquarters in Abuja to take over secretariat before he was stopped by the police ....yesterday
FG Says Job Portal Records 400,000 Registrations in 36 Hours Tobi Soniyi Ă“Ă˜ ĂŒĂ&#x;ÔË The Senior Special Assistant to the Vice President on Media and Publicity, Mr. Laolu Akande, yesterday in Abuja said the newly launched Jobs portal of the federal government “N-Power. gov.ng,â€? has recorded over 400,000 successful registrations since it opened for submissions  on Sunday, June 12, 2016.  Akande, in a statement he issued yesterday said that all together the website, had received over 35 million hits since Saturday midnight. The statement also quoted, Mr. Afolabi Imoukhede, Senior Special Assistant to the President on Job Creation as saying: “We have been very impressed by
the enthusiastic response to the call for applications. As at noon on Monday, June 13, only 36 hours after the launch of the portal, 403,528 applicants had successfully registered on the site and were in the middle of completing the application process.  “We are also very pleased that the registrations have been taking place without any hitches or system failures, considering the volume of response.� “The job scheme, known as ‘N-Power’, is one of the five initiatives of the social investment programme of the Federal Government of Nigeria, described by President Muhammadu Buhari in his Democracy Day speech as “by far the most ambitious social
protection programme in our history.�  A total sum of N500 billion has been provided for the programme in the 2016 Budget, an unprecedented development in Nigeria’s budget history. N-Power is designed to help young Nigerians acquire and develop life-long skills to become solution providers in their communities and to become players in the domestic and global markets. It will provide employment opportunities for 500,000 graduates as teachers, agriculture extension advisers, healthcare assistants, as well civic and adult education instructors in communities across Nigeria. There will also be a pool of 100,000 software developers,
hardware service professionals, animators, graphic artists, building services professionals, artisans and others. Applications for the scheme commenced on Sunday June 12 on the portal:www.npower. gov.ng. The statement read: “The Buhari presidency assures all Nigerians that this application process would not only be structurally robust, transparent and fair, the selection process that will follow will also be based on objective criteria that has nothing to do with party affiliations. “Unemployed Nigerians both graduate and non-graduates will be drawn from across the country on state by state basis in the final analysis.�
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Power: Planned Transmission Repairs to Cut Supply by 300MW FG resolves to establish new power station in area close to energy source Chineme Okafor in Abuja and Ibrahim Shuaibu in Kano Nigeria’s meagre power generation and supply capacity will in the next couple of weeks experience more distress with the planned shutdown of the 300 megawatts (MW) Agip Okpai power plant in Delta State. According to a communique of the monthly meeting held in Kano between Minister of Power, Works and Housing, Mr. Babatunde Fashola and operators in the country, the closure was necessary to allow the Transmission Company of Nigeria (TCN) undertake repair works on its vandalised 55 kilometre transmission line within the region. The communique which was sent to THISDAY yesterday in Abuja, revealed that the repair work would last for two weeks, within which the 300MW plant would be shut and not contribute to the nation’s power supply system which as at yesterday had just 2,374MW to distribute to homes and offices in the country. It said the three hydro power plants – Kainji; Jebba and Shiroro
have agreed to increase their productivity to cushion the impacts of the drop in capacity for the period. “TCN also stated its intention to make a public announcements of upcoming maintenance projects which may negatively impact power supply. “TCN informed the meeting of the need to shut down the 300MW Okpai power plant so that a tower which was earlier vandalised can be repaired to restore a 55km transmission line. “The hydroelectric power stations (Kainji, Jebba and Shiroro) agreed to work with TCN to boost output during the two-week outage period to minimise the effect of the outage,” said the communique. It also explained that the TCN had recently completed 20 transmission projects in Gwagwalada, Kaduna, Afam, Apo, Lekki and Omotosho, adding that this will improve power distribution in Abuja and Lagos. TCN, it added announced that it was working hard to restore power to Maiduguri in Borno State by next month after a long period of outage.
The communique said an estimated 2,000MW of electricity will be added to the country’s generation capacity by mid-2017 following plans by the Nigerian National Petroleum Corporation (NNPC) to complete and commission four infrastructure projects to improve gas supply to power plants over the next few months through September 30 2016. “A total of 855 million standard cubic feet per day (mmsfc/d) of gas is expected to be added to the domestic gas supply in the short term of which about 70 per cent is sent to power plants for use in generation. “It is estimated that the increase in gas supply to power plants will increase generation
capacity by approximately 2000MW by the middle of 2017,” said the communique. Meanwhile, the Minister of Power, Works and Housing, Mr. Babatunde Fashola, has expressed the resolve of the federal government to establish new power stations in areas close to the energy sources all over the country. Speaking to journalists shortly after the conclusion of the sixth power sector meeting held in Kano yesterday, Fashola stressed that creating more power plants would enable the federal government to use coal, hydro-power plants and solar energy to complement what was lost to the activities of pipelines vandals. According to him, the federal
government was not confined to one section of the country to source power, adding that with the effective introduction of a three phase roadmap Nigerians would be at an ample liberty to enjoy uninterrupted power supply. He however stated that the activities of pipeline vandals had taken an abysmal toll on the nation to the extent that the major gas plants supplying the service were shut, stressing that with the current development, the federal government had been compelled to creating plants close to energy sources. He pointed out that his ministry was not saddled with the task of providing or distributing power rather it was saddled with the
business of regulating how the service providers were operating to serve people affirming that with active collaboration with the National Electricity Regulatory Council the objective could be achieved. He said it would take the federal government 18 months to complete the project as its involved some concrete strategic plan stressing however that the quest for speedy economic development could only be achieved with the power sector in good shape. He further revealed that the federal government was putting toomuchpressureon DISCOSallover the country to live up to expectation, warning that nothing would be left to chanceintakingpunitivestepsagainst erring ones.
Buhari Condemns Attacks on Pulse Night Club in US Tobi Soniyi in Abuja President Muhammadu Buhari has condemned last Sunday’s terrorist attack on the Pulse Night Club, Orlando, Florida, United States, describing it as ‘‘criminal’’ and cowardly.’’ A statement issued yesterday in Abuja by the Special Adviser to the President on Media and Publicity, Mr. Femi Adesina, said Buhari, in a letter to the Ambassador of US in Nigeria, James Entwistle, conveyed
Nigeria’s heartfelt sympathy to President Barrack Obama and his people. He said the president also assured the US of Nigeria’s continued support and cooperation in the fight against terrorism. ‘‘Buhari extends his most sincere condolences to the families, relatives and friends of the victims. ‘‘The president condemns such criminal, cowardly attack wherever it might occur, as an
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ROLLING OUT IN STYLE
L-R: Ntel Customer, Sandy Eyal; Chairman, Mr. Tunde Ayeni; and General Manager, Sales, Lagos, Olujinmi Tella, when the Chairman paid a visit to the ntel flagship shop in Ikoyi, Lagos ....yesterday
Afenifere Demands House Summons AGF, Ministers over MTN Fine Reduction Fani-Kayode’s Release from N1.4tn to N330bn Shola Oyeyipo
The pan-Yoruba sociopolitical organisation, Afenifere, has demanded the immediate release of former Minister of Aviation, Mr. Femi Fani-Kayode, who has been in the custody of the Economic and Financial Crimes Commission (EFCC) in the last five weeks. Making the demand yesterday on behalf of the group, the National Publicity Secretary, Mr. Yinka Odumakin, who attributed Fani-Kayode’s current predicament to his critical stance against the activities of the violent herdsmen, said he should be charged to court if there are substantial evidence against him instead of keeping in custody endlessly. He said Afenifere got wind of the information that the
EFCC is planning to get another detention order to continue his incarceration. According to Odumakin, the Afenifere is at a loss as to why the EFCC had to announce that FaniKayode committed a crime by collecting money for campaign and hold him for five weeks without charging him to court. “It is in the same country that EFCC accused one Jafaru Isa of collecting money for election and allowed him to go after a night in EFCC cell. Why is Fani-Kayode situation different if indeed it is all about corruption and not a ploy to keep him out of circulation for his critical views, especially on the criminalities of the Fulani herdsmen. “We demand that he be charged to court immediately or set free if there is no charge against him,” he said.
Damilola Oyedele in Abuja
The House of Representatives has summoned the AttorneyGeneral of the Federation and Minister of Justice, Abubakar Malami, for explanation on the reduction of fine imposed on MTN Nigeria. Also to appear with the minister before the lawmakers are his Communications counterpart, Alhaji Adebayo Shittu and the Executive Vice-Chairman, Nigerian Communications Commission (NCC), Prof. Garba Dambatta. Chairman, House Committee on Communications, Hon. Shaheed Fijabi, issued the order at the committee’s resumed investigation on the alleged SIM infractions by MTN and the fine in Abuja yesterday. He said the committee was irked by federal government’s decision to conclude negotiations with MTN by reducing the fine
from N1.4 trillion to N330 billion. MTN Nigeria was slammed with a N1.04 trillion fine for failing to deactivate 200,000 unregistered SIM cards, in line with the regulations by the Nigerian Communications Commission (NCC). The fine was later reduced to N780 billion. The House Committee on Telecommunications, opened a hearing into the matter in March 2016, and had opposed the reduction of fine without recourse to the NCC Act which stipulates N200,000 for each unregistered SIM card. Fijabi said the decision was a disregard to the committee’s resolution that further negotiations with the mobile communications firm be suspended pending conclusion of its investigative hearing on the matter. He described the action of the government as “undermining
the integrity and independence of the National Assembly. “The two ministers, the Chief Executive Officer of NCC and all other persons involved in the negotiations are to appear before the committee on Monday next week by 10a. m,’’ he said. Meanwhile, Shittu had explained that the decision of the executive to reduce the fine slammed on the telecommunications firm, MTN Nigeria, to N330 billion, is independent of the outcome of the investigation being conducted by the House Committee on Telecommunications. Shittu, at a meeting with the committee yesterday, insisted that relevant procedures were followed in the latest reduction to N330 billion by the government. The minister, who was represented by the Permanent Secretary of the ministry, Mr. Sunny Echono, said claims that the inaction or delay in
resolution of the negotiations with MTN was being stalled by the hearing, were incorrect. “We were told that the decision of the executive is not precluded to that of the committee,” he said. Shittu added that the effect of the unresolved issue, on the telecommunications sector was taken into consideration. Echono, had told the committee that the N330 billion settlement reached with MTN had the approval of the highest office of government. According to Echono, I am in a position to confirm to this committee that government has approved N330 billion as full and final settlement of fine impose on MTN by NCC. “This was pursuant to series of procedural and other reviews, including the constitution of inter-ministerial committee under the auspices of the AGF,’’ he said.
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COMMENT
Editor, Editorial Page PETER ISHAKA Email peter.ishaka@thisdaylive.com
FALLACY OF SOYINKA’S FAMILY AND ANCESTRAL HOME
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‘Kunle Uthman argues that Wole Soyinka should kindly decline his appointment as chair of the 50- year anniversary of Lagos State
t was ordinarily expected that the controversy, objections and condemnations relating to the appointment of Prof. Wole Soyinka as the Chairman of Eko at 50 Celebration Committee would be settled once the Nobel Laureate responds affirmatively to the critics of his choice by His Excellency, Mr. Akinwunmi Ambode, the Governor of Lagos State. It is apposite to state that the Eko Foundation among others had been relentless in the condemnation and criticism, on the omnibus ground, that Prof. Soyinka is not an indigene of Lagos State and that there are several indigenes, far more suitable, qualified and appropriate to play the pivotal role ascribed to Prof. Soyinka in the celebration. It was therefore expected that a response by the Nobel Laureate would deal decisively with these matters and resolve same once and for all times. However, Prof. Soyinka in a statement titled, “A response to the Eko Foundation Latest”, issued on Thursday, June 2, 2016, fell far below expectation, being a man of letters, and what would ordinarily be expected of a scholar and a person who genuinely desired to douse palpable tension in a matter, which had pitched a section of the people against their government. Also, Prof. Soyinka had not in the recent past been lampooned, critiqued, and condemned in any matter as much as on the matter of this appointment. Thirdly, and more importantly, the erudite professor trivialised a matter of grave importance, that he is not of Lagos ancestry and he has no ancestral family house in Lagos State as stated unequivocally in Eko Foundation’s advertorial: “SOYINKA’S FALLACY AND PERVERSION OF HISTORICAL FACTS”. The word “ancestor” is derived from the Latin word “antecessor” and is applied to a natural person. It means etymologically a lineal ancestor. The “forbear” and “ancestry” would necessarily mean, “the family or the race of the people you come from - i.e. that had belonged to his ancestors. “Family House” will therefore mean the family ancestral home, which is the physical structure within a geographical space where one’s descendants came from. A family ancestral house is never sold or wilfully demolished because it could be likened to a “grundnorm” within the context of law and the jurisprudential identity of the history of that family. It is, therefore, laughable that the “learned” professor of letters would posit his family house (father’s house) built on Franklin Street, EbuteMetta, sold to raise funds for the renovation of its replacement in Osolake Street, same Ebute-Metta sector, as satisfactory of a family ancestral home in Lagos State. The truth that is decipherable from this “warped” explanation is that Prof. Soyinka has no family ancestral home in Lagos. People do not sell their family houses to build new ones, because it is a fallacy to do so, since the family house is the symbol of their heritage and the family history. It is also critical to state that “sight and sound” and indeed “smell” within the context of the Eko Foundation advertorials and Soyinka’s reply are used metaphorically to depict identity and ancestry, being a juxtaposition of the roots of the people with their history. The fact that Soyinka’s claim that he grew up in Lagos not only with the sights and sounds but also the smell, with respect to the Nobel Laureate means nothing. There are several Igbos, Hausas and Egbas, whose grandfathers and fathers grew up in Lagos with its sights, sounds and smell that still are able to relate positively with their roots, otherwise referred to as states of origin.
A FAMILY ANCESTRAL HOUSE IS NEVER SOLD OR WILFULLY DEMOLISHED BECAUSE IT COULD BE LIKENED TO A “GRUNDNORM” WITHIN THE CONTEXT OF LAW AND THE JURISPRUDENTIAL IDENTITY OF THE HISTORY OF THAT FAMILY
With respect to the Nobel Laureate, his failure to write about how himself or his family developed Lagos in his autobiographies (Ake, Ibadan and Isara) cannot be ascribed to amnesia at that time or at any other time thereafter, but rather to the fact that neither himself nor his family did anything tangible, that anyone can reasonably attribute or ascribe to physical development of Lagos State since its creation. He is obliged to provide a list, even now, if he claims the contrary. The reply of the professor is heavily trivialised in his further justification that his mother had her shop and temporary residence in Agarawu Street, a stone’s throw from the palace at Iga Idunganran, the heart of Lagos. Does this make him a Lagosian or what relevance is this shop, its ownership or proximity to the palace? Could it be that he wittingly tried to justify his recent affinity with that palace, as apparent in the widely celebrated pictures in the media while he commences his one year celebration Jamboree in these austere times, where it is difficult to make ends meet? He failed to explain the source of the funding of his committee’s advertised celebrations, its budget and approval by the Lagos State House Of Assembly, and justify its profligate spending. The word “indigenous” means belonging to a particular place rather than coming to it from somewhere else, and within the context of this, Prof. Soyinka (despite his allusion to sight, sound and smell of Lagos) cannot posit himself, based on father’s house, living in Lagos as satisfying the preconditions of ancestry and descendancy. While I tend to agree with him that “A Lagos commemoration is the issue”, the indigenes of Lagos State are right to determine who will chair the Golden Anniversary of their state, after all it is their own state and not Soyinka’s own Ogun State, where His Excellency Governor Ibikunle Amosun had a successful 40th anniversary celebrations without any input, overt or covert from the Nobel Laureate. It is, therefore critical to enquire from Prof. Wole Soyinka what is in this particular celebrations that he had chosen to impose himself on the people of Lagos State, many of whom have expressed that he is a personae non grata within the context of the choice, acceptance and determination to serve in that capacity. Most of us assumed (apparently wrongly) that the Nobel Laureate is a very busy person, sought after by many globally to deliver papers, participate at seminars and contribute to global discourse. It is true that Prof. Soyinka is a celebrated writer and scholar, and indeed a human rights activist. His book, “The Man Died” is a treatise in the agony a man may suffer in fighting for a justifiable and justiciable cause. This recent appointment has continued to diminish his perception and status among many of his admirers and he does not need that diversion. It takes nothing for him to decline the appointment to chair the 50 Years Anniversary Celebration Of The Creation Of Lagos State, if the people of the state do not require his services and unabashedly state that, that appointment is “an insult to the collective psyche of a people who cherish their history and are saddened that a ‘stranger’ has been chosen to chair the Golden Anniversary of their State”. It takes nothing from him as a “statesman” to decline. Uthman is General Secretary, Eko Foundation
A TASTE OF FREEDOM
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The Nyesom Wike government in Rivers State continues to spring hopeful surprises, writes Simeon Nwakaudu
n June 8, 2016, someone drew my attention to a statement by the chairman of the Rivers State All Progressives Congress (APC) Mr. Davies Ikanya. It is good that Ikanya found his pen, but it is unfortunate that he decided to deliberately twist the facts. As Ikanya struggled to promote the immediate past administration, he chose to forget the sorry state that the Rivers State APC left Rivers State in 2015. But the facts are everywhere and Nigerians are conversant with the story of Rivers State before the present administration came in. For the sake of emphasis, I will refresh our memory. Governor Wike inherited a terribly debt-ridden state. The financial situation of the state was so bad that Mr Amaechi while celebrating his 50th birthday on May 27, 2015 declared on national television that Governor Wike would not have funds to execute projects or pay salaries. The entire country was shocked by this public admission of failure. The former APC administration in the state closed the courts for two years and the House of Assembly for one year. Reopening these two vital arms of government formed the very first achievement of Governor Nyesom Ezenwo Wike upon assuming office. When Governor Wike took over, he discovered that his predecessor’s confession was an understatement. The former administration squandered some N3 trillion in eight years, vandalised Government House, Port Harcourt while commissioners and aides carted away official cars. A Judicial Commission of Inquiry has since indicted the administration for defrauding the state. The White Paper has been submitted to all the anti-graft agencies. In addition, the Amaechi administration left four months in unpaid salary arrears for civil servants
and six months pension arrears. He refused to pay athletes and several other government staffers. Governor Wike has since settled these arrears. Governor Wike started his administration without any hand over notes, perhaps the only governor to face such ugly situation in 2015. But one year after, Wike has proved Amaechi and Rivers State APC wrong by emerging as Nigeria’s best performing governor since May 29, 2016. Today, Rivers State is the state with the highest number of development projects in the country. Beginning from his first 100 days, Governor Wike has turned out quality projects in a frequency that confounds his critics. They have continued to wonder why the governor is working while his colleagues are complaining. His first year anniversary further confirmed that he is the best under the present dispensation. For six days, he reeled out projects, flagged off construction of iconic projects and had an accountability session with the people of the state. No other governor matched this public accountability process. It is pertinent to point out some of the key areas that the Rivers State Government excelled in the last one year. The government has revived the state judiciary, opened all the courts, and stabilised the judiciary through peaceful succession; it has implemented financial autonomy for the state judiciary; while there is an ongoing construction of Nigerian Bar Association ultra- modern law centre; it has donated six coaster buses to Rivers NBA branches and FIDA and released N500 million to the state judiciary for capital projects in addition to the construction of courtrooms at the Federal High Court, Complex, Port Harcourt and at the state Customary Court of Appeal. It has also revived the state House of Assembly crippled by the immediate past administration
for two years; and financial autonomy for the legislative arm of government. Within a year of the administration, some 50 units at Iriebe Housing Estate for middle income earners are in place besides the ongoing construction of phase two of Mile One Market under public-private partnership agreement. The Wike administration, knowing the importance of sports, has within the year hosted the National Under 23 Team Match against Congo and between the Super Eagles and the Angolan national team as well as Ivory Coast versus Sierra Leone Nations Cup qualifier and of course the West Africa Golf Tournament. He has also paid the outstanding eight months salaries for defunct Dolphins/Sharks players. The government has also empowered various women and youth groups, artisans and the less privileged by ploughing some N2 billion into the Rivers State Micro, Small, and Medium Scale Enterprises Development Fund. The Wike administration has also completed the Dr Nabo Graham Douglas Faculty of Law Complex of the Rivers State University of Science and Technology (RSUST), rehabilitated key secondary schools and the introduction of boarding system while science equipment was distributed to 247 secondary schools for WAEC practicals and disbursement of funds for the purchase of perishable consumables to stop extortion by principals. Under agriculture, the government has launched the school farm programme to attract youths to agriculture. The farmer loan scheme/input distribution is also on to boost food production. The government was proactive in handling the Lassa Fever outbreak in the state as preliminary works on the expansion of zonal hospitals as well as on the revival of moribund primary health care centres and general hospitals are on. So far over 120 kilometres of roads have been reconstructed or rehabilitated across the state since
May 29, 2016. Some of these include the Abonnema/ Obonnema Link Road/Bridge, the Eagle Island/ Iloabuchi Road/Bridge, the Abuluoma-Woji Link Road/Bridge, the Oyigbo Market Road, and the Nkpogu-NLNG Road/Bridge, which have all be commissioned. The reconstruction of Igwuruta-Chokocho road, the Eleme Junction to Onne Junction of the East-West Road, and the Rumualogu/Alakahiah Road are ongoing. The rehabilitation of the road under Mile 1 Bridge, Obi Wali Road and Elioparanwo Road and many others had been completed. Aware of the importance of security, the government has donated 66 security vans fitted with communication gadgets to security agencies in the state while also liaising with the 23 local government areas to donate another 46 vans fitted with communication gadgets to the security agencies. This is besides the statutory financial support and relevant logistics for the security agencies. The state has launched the Rivers State Water Sector Reform Programme to revolutionise water supply to Port Harcourt and Obio/Akpor Local Government Areas. The state has also completed water supply and reticulation system in Alesa and Agboncha, Eleme local government areas. In the last one year, Governor Wike has taken critical steps to develop Rivers State. He has taken the right financial decisions to advance the interest of the people of the state. On March 17, 2016, the people of the state further re-affirmed their support for Wike during the rerun elections by rejecting the APC, despite all the boasting by Amaechi and the APC. Rivers State has gone beyond the locust years. The state is steadily moving forward under the able leadership of Governor Nyesom Ezenwo Wike. It is now the happening state, hosting many national and international events.
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T H I S D AY • TUESDAY, JUNE 14, 2016
EDITORIAL APO EIGHT: ECOWAS COURT TO THE RESCUE The security agencies need to improve on their intelligence gathering capacity in order to avoid another needless bloodbath
A
fter three years, the eight Nigerian citizens killed by a combined team of soldiers and operatives of the Department of State Security (DSS) in an uncompleted building in Apo District of Abuja, got justice last week. The Economic Community of West African States (ECOWAS) Court ordered the country to pay compensation of $200,000 to each of the families of the deceased and $150,000 to each of the injured. It is a fitting end to a tragic drama. While it is commendable that our courts are standing up to challenge human rights abuses, especially by agents of the state, there is a dangerous pattern which, according to Mr. Femi Falana (SAN) should worry the authorities. For instance, in respect of the military invasion of Odi, Zaki Biam and Gbaramatu, the federal high court in three separate judgments, awarded over N160 billion as reparations. Against the backgrmound that over N25 billion damages have in recent years been awarded against the police for killings and other human rights violations, THEIR FAMILIES COULD it stands to reason that FIND RELIEF IN THE FACT something is fundaTHAT THE INNOCENCE OF mentally wrong. THEIR LOVED ONES HAS In the case of the BEEN PROVEN AND THEIR “Apo Eight”, they NAMES CLEARED were killed when the security operatives raided their “. M mabode” on September 20, 2013, alleging they were members of the Boko Haram sect that had ravaged the North East of the country and bombed Abuja, the Federal Capital Territory. But it turned out that the victims were commercial tricycle riders who took refuge in the uncompleted building because they could not afford the high rent in the city. “There is no evidence of any attempt that the deceased and the survivors attempted to harm the security personnel. There is no evidence of recovered guns. There is no evidence of bullet or pellets recovered from the deceased and tendered before this court to
Letters to the Editor
prove the claim that the Nigerian security personnel acted in self defence when they stormed the house of the deceased,” said Justice Friday Nwoke, who added: “Rather the evidence abounds that the victims were unarmed while the security personnel were the ones who opened fire on the innocent and the defenceless citizens.” The court’s decision in the case brought on behalf of the victims by a non-governmental organisation, The Incorporated Trustees of Fiscal and Civil Right Enlightenment Foundation, corroborated an earlier finding of the Nigerian Human Rights Commission, which on April 7, 2014 indicted the security forces. The commission in its report presented by its then Chairman, Dr. Chidi Odinkalu, said that the security services had no credible evidence to tag the victims as agents of the Boko Haram terror group and awarded N10 million to be paid within one month to each of the families of the eight deceased persons, and N5 million each to the eleven persons injured in the attack. T H I S DAY
EDITOR IJEOMA NWOGWUGWU DEPUTY EDITOR BOlAJI ADEBIYI MANAGING DIRECTOR ENIOlA BEllO DEPUTY MANAGING DIRECTOR KAYODE KOMOlAfE CHAIRMAN EDITORIAL BOARD OlUSEGUN ADENIYI EDITOR NATION’S CAPITAL IYOBOSA UWUGIAREN
T H I S DAY N E W S PA P E R S L I M I T E D
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
T
he findings of the regional court and the commission bear eloquent testimony to the innocence of the citizens who had their lives cut short by the obvious indiscretion and error of judgment of security officers of the state, who ironically had the responsibility to protect the citizens they killed. To that extent, their families could find relief in the fact that the innocence of their loved ones has been proven and their names cleared. In the past, this newspaper had advised the security agencies to exercise caution, absolute discretion and moderation in their dealings with citizens irrespective of the circumstances of their operations. Going forward, however, the security agencies would need to improve on their intelligence gathering capacity in order to forestall a recurrence of this type of incident. Finally, we urge the federal government to bring to a closure to this case by paying the fines imposed by the regional court and the commission. At least that would bring emotional relief and some closure to the families of the victims.
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.
ONDO VOTERS AND THE FORTHCOMING GOVERNORSHIP ELECTION
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hen the Ondo State five-man Elections Petition led by Garba Nabaruma in its one hour, 15-minute judgment in the morning of Friday, July 25, 2008 ordered the swearing in of Dr. Olusegun Mimiko, the governorship candidate of the Labour Party as the governor of the state, little did the people of Ondo State know that the development in the political terrain of the state would be the beginning of development stagnation in all ramifications despite the state being not only one of the few oil producing states in Nigeria but the only such state in the South West political zone to which it belongs. As an oil producing state, the expectations of the people of Ondo people had always remained high on rapid transformation of the state in terms of industrialisation, road development, revitalisation of cocoa farming as the main stay of the state’s economy, inflow of local and foreign investments, resuscitation of moribund manufacturing outfits such as Oluwa Glass Company at Igbokoda, the Oil Palm Processing Company at Okitipupa, and provision of qualitative and affordable education, and provision of dividends of democracy for the masses but unfortunately barely six months to the end of the administration of the Labour-led government of Mimiko since July 2008, there is nothing on ground to show a correlation between the overall state development when and the cumulative whopping allocations that have accrued to the state and to the 18 local governments in the past seven and
a half years in addition to the constant payment to the state of 13% monthly oil derivative allocation and monthly VAT allocations. Ondo State has continued to be the richest state among 10 states such as Ogun, Oyo, Plateau, Benue, Imo, Bauchi, Borno, Niger and Sokoto that were all created in February 1976; but whether this position translates into state development under Mimiko administration in comparison to these states despite their meagre monthly statutory allocations from the Federation Account is no doubt another ball game entirely. This apart, Ondo State presently stands out among these states as the only one that is in opposition to the APC-led federal government. It is also noteworthy that in terms of the additional 13% derivation to the eight oil-producing states, Ondo State has consistently maintained the 5th position after other oil states such as Akwa Ibom, Bayelsa, Rivers and Delta in the descending order of allocation. It is on this note that the forthcoming governorship election in Ondo State will avail Ondo people the opportunity to do a stock taking of the administration of Mimiko which started under the Labour party but which will be ending under another party following the offensive, inglorious, infuriating, disgusting, and embarrassing defection to the Peoples Democratic Party (PDP) by Mimiko to the chagrin of Ondo people at such a time when Nigerians in most of the states hitherto controlled by PDP were already fed up with the corruption ridden government led by Goodluck Ebele Jonathan
that professed stealing as not an act corruption. For now, the Independent Electoral Commission has set aside June 22 – 26, 2016 as the dates for registration of new voters who have attained the mandatory voting age of 18 years. There is no doubt that the opportunity of this will be taken to improve the low voting trend that has remained the hallmark of election in the state. There is no doubt that the November election will be a straight fight between the All Progressives Congress and the Peoples Democratic Party but without a soothsayer or a star gazer, it is crystal clear the people of Ondo State will further want to express their disappointment over the economic stagnation and backwardness in development generally in the state despite the huge allocations that accrued to state and the local councils by throwing their weight behind the APC which since the defection of Mimiko to PDP has gained tremendously in terms of the gale of defection of PDP members in the state to the APC. Apart from the defection bug that has bitten the PDP, the alignment of the state with the other remaining states in the South West geo-political zone for the much needed regional economic integration will be one of the deciding factors that will favour the APC to win the election. To say that the voting pattern will be one to outrightly protest the abysmal performance of Mimiko’s Labour-led political party since inception in the state is to say the obvious. Ayo Joseph, Iju, Lagos State
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T H I S D AY • TUESDAY, JUNE 14, 2016
POLITICS
Group Politics Editor Olawale Olaleye Email wale.olaleye@thisdaylive.com 08116759819 SMS ONLY
EXECUTIVE BRIEFING
Rumble in the Judiciary With four months left to the retirement of the incumbent Chief Justice of Nigeria, Justice Mahmud Mohammed, tension seems to be enveloping the judiciary over allegations of plans to truncate the seniority rule in the appointment of his successor at the Supreme Court. Davidson Iriekpen writes
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t is no longer news that the current Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed is due to retire on November 10, after attaining the mandatory retirement age of 70. What is however of interest to many pundits is the plot by the power-that-be to truncate the age-long seniority rule in the judiciary. Investigation by THISDAY revealed that some forces are plotting to alter the seniority rule that would probably see the second-in-command at the Supreme Court, Justice Walter Onnoghen, take over after Justice Mohammed retires from the bench on November 10. The forces trying to truncate the seniority rule at the apex court have argued that anybody appointed to be CJN must not necessarily be the most senior justice of the Supreme Court. There are fears that if President Muhammadu Buhari bows to the pressures from some northern elite and their All Progressives Congress (APC) collaborators not to send Onnoghen’s name to the Senate for confirmation as CJN, the South will miss the golden opportunity to occupy the office. The last Southerner to be the CJN was Ayo Irikefe, who held the position between 1985 and 1987. Justice Onnoghen was born on December 22, 1950 in Cross River State. He became a Justice of the Supreme Court in 2005 and if appointed, he will be the country’s CJN till 2020, when he would be 70 years old. The incumbent CJN hails from Taraba State while the next after Justice Onnoghen is Justice Tanko Mohammed from Bauchi State. As CJN, the occupant of the office is also the Chairman of the Federal Judicial Service Commission (FJSC) as well as the Chairman of the National Judicial Council (NJC), the post power organ of the judiciary. Both commissions are involved in the process of promoting anybody to the position in the federal judiciary and that includes anybody, who has to become CJN. Investigation revealed that if Justice Onnoghen is denied the position, the chances of having a southerner as CJN could be 15 to 20 years from now since most of the justices in the apex court would remain on the queue till they are 70. Since Nigeria attained independence in 1960, headship of courts is usually based on seniority. From the high court to the Supreme Court, the tradition has not changed. Of course, the Supreme Court knows this. This is why each time state governors want to alter the seniority rule in their state, the apex court, through the CJN, would step in and resist. The only instances where the CJNs were picked from outside the Supreme Court were on two occasions in the 1950s and 1960s when Justices Adetokunbo Ademola and Teslim Elias were appointed by the colonial and military governments, who did not have deep partisan political interests like what politicians have today. Investigation by THISDAY showed that while the North is not favourably disposed to having a southern as CJN for a whopping five years, members of the ruling APC in the South in collaboration with their northern cohorts want Buhari to look beyond the Supreme Court in appointing the next CJN. The party also wants to have adequate control of the judiciary ahead of the 2019 elections and is working towards having trusted persons in the hierarchy of the courts. The plot to stop Onnoghen started to gather momentum, when the APC expressed anger with the Supreme Court’s favourable verdict for the opposition Peoples Democratic Party (PDP) in most South-south states. Sources said the party is still shocked that the Supreme Court decided against its governorship candidates in Rivers, Akwa Ibom, Taraba and Delta States.
Mohammed during his swearing-in
Against this backdrop, there is a strong perception in the APC that the current crop
Investigation by THISDAY showed that while the North is not favourably disposed to having a southern as CJN for a whopping five years, members of the ruling APC in the South in collaboration with their northern cohorts want Buhari to look beyond the Supreme Court in appointing the next CJN. The party also wants to have adequate control of the judiciary ahead of the 2019 elections and is working towards having trusted persons in the hierarchy of the courts
of Supreme Court justices are pro-PDP and any attempt to make one of them the CJN would spell doom for the ruling party in future elections. They also alleged that the justices of the court are corrupt and needs to be headed by someone from outside, who is financially comfortable and is unable to be tempted by any inducement. The idea to bring someone from outside the apex court was allegedly mooted by the incumbent CJN, who while speaking at the Commonwealth Chief Justices meeting in Wellington, New Zealand recently, said to the gathering: “My lords, the need for a change in the criteria for the appointment of Judicial Officers in Nigeria prompted me to direct the National Judicial Council (NJC) to implement the new revised NJC Guidelines and Procedural Rules for the Appointment of Judicial Officers of all Superior Courts of Record in Nigeria 2014. “It was clear that the old Guidelines and Rules had become unworkable as it saw anachronisms such as the limitation that saw only Justices of the Court of Appeal, as of right, making it to the Supreme Court of Nigeria. Under the new, more rigorous and transparent rules, any qualified legal practitioner with the requisite intellect has the opportunity of making it to any Court in the land and even to the posts of Heads of Federal and States Superior Courts, including the Chief Justice of Nigeria. “As chairman of the National Judicial Council, I have had to take up the responsibility of ensuring that the overall appointments procedure maintains the institutional integrity of the judicial appointment process while ensuring that only the most competent persons are elevated.” Forces plotting to have a big say in the affairs of the court henceforth were said to have capitalised on the above submissions to justify the need to also jettison the seniority rule in the apex court. First to publicly voice it out was a group, United Action for Change (UAC), led by Dr.
Muiz Banire (SAN), who is also the National Legal Adviser of the APC. At a press conference in Lagos recently, it called on President Buhari to appoint Supreme Court Justices from outside, arguing that the constitution does not specify that such an appointment should be from within the court. The group, which claims to be made up of lawyers and activists, at a roundtable with the theme: ‘Repositioning the Judiciary,’ to push the agenda, said the judiciary needs individuals with radical ideas to transform it. The convener, Banire also condemned a situation where individuals, who had abandoned legal practice for many years, were appointed judges and magistrates. He said NJC ought to have an effective monitoring system by sending its observers and investigators to courts rather than always wait for petitions before taking action against erring judges. “Someone may have been a lawyer for 10 years and then decides to go into catering, and such a person will then be appointed a judge. That is wrong. Only those in active practice should be appointed judges,” he said. With the tone of the press conference set, others who spoke at the event toed the same line of argument. But human rights lawyer, Mr. Festus Keyamo, rejected the call for the appointment of the CJN and the Justices of the Supreme Court straight from the bar, saying such an appointment would “be preceded by intense lobbying, recruitment of politicians into the scheme and some disgusting genuflection before the powers-that-be by the candidates jostling for the position.” Keyamo argued that once appointed such a CJN would have automatic reciprocal loyalty to his benefactors and appointer. He said the development would open up such a revered office as that of the CJN to political manipulation. “We can then safely say goodbye to an CONTINUED ON NEXT PAGE
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T H I S D AY • TUESDAY, JUNE 14, 2016
ONTHEWATCH
Onitsha Biafra Day Killings and Anambra Politics David-Chyddy Eleke writes on how the killing of some youths in Onitsha by security forces, during the 2016 Biafra Day celebration has been politicised in Anambra State
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n Monday, May 30 2016, residents of the commercial city of Onitsha woke up to the news of the killing of young men, said to be members of the Indigenous People of Biafra (IPOB), who had travelled from all parts of the South-east the night before for the celebration that was to take place on that day. The celebration which was supposed to be a very peaceful one, as it had been held in Abia and Enugu the previous years turned out a bloody one, with members of the group hunted and gunned down with many others hounded and dumped in cells. THISDAY gathered that as early as 12 midnight, soldiers had invaded St Edward Catholic Church in Nkpor, near Onitsha, where some of the youths were taking a nap in readiness for the celebration of that day. Also, a combined team of security officers that stormed the area in the morning to disperse the youths and prevent them from carrying out the scheduled anniversary had fired live ammunitions, killing many of them. Sources said the killing started when security agents in Nkpor attempted to clear the road blocks imposed by the groups, leading one of the youths to fire at them. This was said to have been reciprocated with sporadic gunshots by security forces that killed and took away corpses of deceased persons, leaving the entire city in turmoil for the day as gunshots rented the air. At first, news spread that the Anambra State government was behind the plot to kill the IPOB members. On the social media, news of how the state governor, Chief Willie Obiano had given security forces the order to shoot at sight, describing them as sponsored urchins, who invaded the state to destabilise its peace, which has become the greatest achievement of his administration. But reacting to this later, the Anambra State government denied issuing any order for security forces to shoot the IPOB members. Rather, it blamed the unfortunate incident on paid miscreants, who were imported into the state to destabilise the peace the Obiano Administration had made possible. At a press briefing, the commissioner of information, Ogbuefi Tony Nnacheta said the celebration was meant to be a peaceful one, and was so until a team of miscreants, who were imported into the state shot live bullets at security agents. The commissioner further stated that the government was aware of the protest and had also alerted the security agents, who mobilised their men to monitor the protest, but were rather shot at, resulting in the fracas that was witnessed in Onitsha. The commissioner explained further that the Police commissioner revealed that only 26 persons were arrested over the incident, and that not even one was from Anambra, giving credence to the fact that some miscreants were imported from neighbouring states to hijack the protest and create an atmosphere of insecurity. During the press briefing, the commissioner
On the social media, the incident has been attributed to Obiano and his hatred for his Igbo brothers. They blame him for ordering the security agent to shoot IPOB members at sight, just as some people stated that on Obiano’s order, the operation was codenamed, ‘operation kill and carry corpse’, this they say is the reason no corpse has been found, as security officers took away the bodies of all the people killed
Obiano...a big issue on his hands
said, “We learnt that most of the miscreants were ferried into the state the night before the protest, and from the identity revealed by the police, most of the protesters came from Abia, Owerri and some other states. “For the record, Anambra State government never issued any directive to the security agents to shoot at sight. The protest was hijacked by miscreants, who fired live cartridges at security agents and their wish was to make it look like Anambra has lost the peace we have all enjoyed these two years.” Speaking on the number of casualties, the commissioner said, “The casualty rate flying in the air is all irresponsible. It will be difficult to announce casualty figure, when the crisis has not abated, but we have visited some victims, and very soon we shall release the correct figure, but for now, we do not have a number we can put our fingers to as casualty rate,” adding that, “We have sent a team to Nkpor-led by the director of information, and we found out that reports were simply exaggerated. There was simply a breakdown of understanding, and that is what we are working to sort out.” When contacted to know if the government has been able to ascertain the total number of those killed, his cell phone rang out without answering. But a rights group, International Society for
Civil Liberties and Rule of Law, Intersociety has put the number of people killed by security forces at 120. The group in a press release made available to journalists and signed by its chairman, Board of Trustees, Comrade Emeka Umeagbalasi, also alleged that the bodies of those killed in the fracas were confiscated by military personnel, and about 90 have also been given a mass burial at the cemetery of the military cantonment in Onitsha. The group said the secret mass burial was performed moments after the arrival of a representative of the Government and Governor of Anambra State, who is a top government official on a mission to supervise the graves before the commencement of the secret mass burial arrived. The group said, “A total of fifteen graves were dug with some shallow and others deep and that some graves contained as much as ten corpses and others as low as five depending on the depth of each grave.” The group quoted a victim, (name withheld) who regained his freedom, saying, “He had hours after his release, spoken to us and confirmed the mass burial inside the Onitsha Barracks of over 90 murdered Biafran Heroes Day celebrants on Wednesday, 1st of June 2016. He further told us that some soldiers guarding their cells, had in the night of same Wednesday, June 1, 2016, around 8.30pm, violently or harshly communicated to them in their cells that ‘We
don give your brothers mass burial today and if you people mess up, you will join them and nothing will happen”. Reacting to this, however, the Commissioner of Police in Anambra, Mr. Hassan Karma in a telephone interview with journalists said he and his men had combed morgues in Anambra, trying to find corpses of those murdered during the attack, but had found none. The commissioner also called on anyone, whose relatives are missing to make complaints to the command. On the social media, the incident has been attributed to Obiano and his hatred for his Igbo brothers. They blame him for ordering the security agent to shoot IPOB members at sight, just as some people stated that on Obiano’s order, the operation was code-named, ‘operation kill and carry corpse’, this they say is the reason no corpse has been found, as security officers took away the bodies of all the people killed. To this, the information commissioner had while denying, said the killing of its youths, man, woman or child was regrettable, and insisted that the fracas as it were has made Anambra State Government a victim. “We have nothing to do with the killing. We assure residents to go about their normal duty as government is capable of containing the situation,” Nnacheta stated.
RUMBLE IN THE JUDICIARY independent Supreme Court and, by implication, our budding democracy. The current “seamless, apolitical and non-controversial mode of succession at the Supreme Court over the years, especially since the civilian era, has produced a Supreme Court that has engendered respectability and dignity. It has also emerged as a rancour-free institution.” Though Keyamo acknowledged two instances in the past, where the CJN was picked from outside the Supreme Court – the cases of Justices Adetokunbo Ademola and Teslim Elias – he, however, noted that the colonial masters and the military regime that appointed them did not have deep partisan political interests like what politicians have today. He argued that the other advantage of rising through the judicial
hierarchy to the Supreme Court is that the very many attributes of a judicial officer become evident and tested as the progression takes place. He identified these attributes to include productivity, hard work, patience, integrity and sagacity. “There is no greater interview for an aspiring Justice of the Supreme Court than to look into his records at the lower judicial level and see the display of these attributes mentioned above. But there is hardly any trusted yardstick to test these attributes in a member of the Bar other than perception,” he said. Keyamo admitted that there is no constitutional restriction as to where those to be appointed as Justices of the Supreme Court
or Chief Justice of Nigeria could be picked but warned that in this era of deeply divided political interests, any attempt to introduce politics into the appointment of the Chief Justice of Nigeria would inevitably introduce deep divisions and rancour at the Supreme Court. According to him, it would also compromise the independence and integrity of the Supreme Court. Keyamo faulted the suggestion that appointments made directly from the bar would add vibrancy to the Supreme Court, saying what is paramount is to ensure that Justices at that level are substantially detached from various interest groups in the society. He pointed out that over the years, lawyers develop deep ties with these various interests
and individuals, stressing that when appointed to the Supreme Court as Justices or even the CJN, these interests cannot be shaken off overnight. “Your Excellencies and my Lords, I cannot fathom what is meant by “introducing vibrancy and integrity to the Supreme Court” by the advocates of this change. Are they telling us the present Justices of the Supreme Court lack these qualities? The Supreme Court has handed down some of the most radical judgments over the years that have re-shaped our democratic landscape. If that is not vibrancy, what then is vibrancy? NOTE: Interested readers should continue in the online edition on www.thisdaylive.com
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T H I S D AY • TUESDAY, JUNE 14, 2016
PERSPECTIVE
Nigeria and South Africa’s Mutual Bond of Prosperity Just back from an investment trip to South Africa, Kayode Fayemi writes that Nigeria and South Africa have begun to forge a common bond of prosperity in mining
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he recent state visit to Nigeria by President Jacob Zuma marked the beginning of a new chapter in relations between Nigeria and South Africa. Both countries have shared a sometimes turbulent history; we have also at different times reveled in the joy of aligned moral purpose – at some point towards the dismantling of apartheid, at some other point in the struggle to enthrone democracy. During the visit, both President Zuma and his host, President Muhammadu Buhari made it a point of duty to strengthen the historical bonds of friendship between the peoples of Africa’s two largest economies. The rapprochement between both countries is one of the results of President Buhari’s economic diplomacy, which has focused on rebuilding Nigeria’s image and relationships in the comity of nations. This development can only result in positive outcomes for both economies, and also ensure alignment on the strategic future that we believe offers Africa its full potential. The visit also offered the opportunity for Nigeria and South Africa to renew the pledge of partnership on a number of key issues including Mining. An existing 2013 MoU outlining areas of partnership in the fields of Geology, Mining, Mineral Processing and Metallurgy which had not been implemented, was resuscitated. President Buhari thus mandated the Ministry of Solid Minerals Development to work with our South African counterparts to pursue the full implementation of the Agreement. Having identified South Africa as one of our strategic partners towards growing our mining sector, and on the back of improved diplomatic relations, I recently led a small delegation on a 2-day working visit to South Africa, during which I met with my counterpart, the Minister of Mineral Resources, Hon. Mosebenzi Joseph Zwane, as well as the leadership of mining-related government entities,
The rapprochement between both countries is one of the results of President Buhari’s economic diplomacy, which has focused on rebuilding Nigeria’s image and relationships in the comity of nations. This development can only result in positive outcomes for both economies, and also ensure alignment on the strategic future that we believe offers Africa its full potential
Fayemi with Acting CEO, Council for Geosciences, Pretoria, Republic of South Africa, Mr. S. Sikhosana_ during the Minister’s working visit to the council’s head office in Johannesburg recently
mining industry leaders and experts. Our delegation gained a lot of insights from the knowledge sharing sessions with the leadership of the Department of Mineral Resources, Council of Geosciences, MINTEK and other government entities, and the progressive discussions on opportunities of collaboration with some of South Africa’s finance institutions – especially the Industrial Development Corporation (IDC). Accordingly, the Ministry of Solid Minerals Development has outlined details of the implementation plan for the 2013 MoU on Mining which provides details of the priority areas Nigeria wishes to benefit from the South African mining industry’s competitive advantage. These include: Advanced Geological Surveys – detailed geo-sciences data generation; data interpretation analysis and application; assistance in the accreditation of the Geosciences Analytical Metallurgical Laboratories in Kaduna; exploration data reporting standards, e.t.c; Mining Governance – the review of existing legal and legislative framework; improved mines inspectorate operations and technologies; upgrading and management of cadastral processes and operations e.t.c.; Mineral Processing and Development - processing of industrial Minerals; Beneficiation processes and technologies; value addition, quality assurance and standards in mineral development, e.t.c. Other areas include Metallurgy – improvement of metallurgical inspectorate operations and technologies; indigenous professional skill acquisition and technology transfer; metallurgical processes; steel making technologies e.t.c; Artisanal & Small Scale Mining Operation - production/supply of small and medium sized plants and machinery for small and mid-tier mining and processing e.g. the Igoli gold processing mill; development of Industrial Clusters in downstream mineral fabrication and manufacturing; Environmental Safety and Sustainability – enforcement of environmental safety and compliance regulations; review of sustainability frameworks and regulations; remediation processes e.t.c. Nigeria is also looking to benefit from the wealth of Human Capital Resource in
South Africa’s mining industry in areas such as - capacity building in global best practices along the value chain of the mining industry – occupational, health, safety and environment (OHSE), mines inspectorate and revenue collection, mineral production assessment, ASM management, steel and metallurgical inspectorate technology and regulation, etc.; as well as benefiting from technical assistance in the development of coal-topower projects in Nigeria as part of our objectives to achieve a vibrant energy mix and realize our target of 10,000 mw of energy by 2019. The ministry also seeks to learn from the optimal organization of private sector players in the South African mining space. Conversely as South Africa’s putative oil industry gets off the ground, Nigeria should share the lessons that our experience affords us. Nigeria’s Oil history, while it has a number of prominent missteps, still contains critical lessons which should be shared, together with our expertise in the Oil and Gas industry built over the years. Invariably, both our countries need to implement a departure from the perception and treatment of resource-rich locales as extractive farms, and move towards encouraging the establishment of value-added economic activities within them. This administration is particularly focused on creating a broad spectrum of value-added activities by fully maximising the abundant opportunities for mineral beneficiation, exploiting the possibilities inherent in support services and support industries that will be nurtured around core mining activities. For the new resource economy to benefit both local and global stakeholders, we are taking an activist posture towards issues of developing local content and ensuring a transfer of skills and technology that will be to our nation’s advantage in the medium and long term. While we are committed to maintaining a liberal business environment, we are also mindful that the new resource economy results in a win-win situation for all stakeholders. This is why we intend to see to it that host communities are directly and positively impacted by the activities that
will be undertaken in their domains. The historic restiveness in the Niger Delta and labour related uprisings in the South African mining industry can be put permanently in the past with this new approach to governance of the extractives industries. Today, the continent’s fortunes appear partially stalled. Pundits wonder if our work of reform is entirely hostage to shrinking commodities demand from China and India. The decline the Naira and the Rand have suffered in the past year is partially linked to the commodities narrative. Nonetheless, the truth is that Africa’s narrative of prosperity has deeper roots, and is firmly in our control. Nigeria has our eyes set on a rebound in the global commodities market, hopefully sooner than later, and we are doing everything possible in the interim to ensure we position our industry for market dominance when that time comes. We will work towards stoking aggregate demand and restructuring entire swathes of our societies to prepare them for the next generation of jobs, and delivering a joined up locomotive of growth. Hopefully, other African countries will take a cue from the renewed commitment of our countries to partner towards building the capabilities to create jobs and broaden the economic opportunities available to young Nigerians and South Africans. The aggressive integration of our economies will also create new corridors of growth for our neighbors and partners in both the ECOWAS and SADC regions. We will find smart mechanisms for leveraging each other’s key strengths and easing the modalities for engagement between businesses in both countries e.g. visa liberalization for skilled mining and petroleum workers to help speed transitions as well as maintain growth momentum. We will also push our citizens to interact more intensively, whether it is in vacationing in each other’s countries or forming new personal networks. A shared experience and prosperity is the key to a new wave of African economic growth, and our Presidents are determined to deliver on that pledge. As we welcome South Africa’s delegates to Abuja on a follow-up technical visit next week, and as momentum gathers towards the Nigeria – South Africa BiNational Commission holding in August this year, we will continue to explore means of creatively building bridges between our countries towards modeling the possibilities that African integration offers for shared growth and prosperity. While we may have started at different points as independent, proud nations, our commitment to improving the living conditions of our citizens continues to pull us along a familiar pathway. Neither republic is perfect; we have our flaws, but we also have our strengths, and we are constrained by our responsibility to history and to our fellow Africans, to leverage them for the common good. We look forward to welcoming more South African investors to Nigeria, just as we know that South Africa is extending an equally warm embrace to Nigerians. Nelson Mandela’s historic admonishment that Nigeria and South Africa must work together to transform Africa rings louder at this time than ever before. This is the least we can do in fulfilling the African Mining Vision (AMV). Indeed, as Madiba’s spirit smiles on this partnership he so treasured, let us his followers and friends ennoble his legacy with a renewed pledge of progressive brotherhood, towards shared prosperity in mining. -Fayemi is Minister of Solid Minerals Development
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TUESDAY, JUNE 14, 2016 • T H I S D AY
FEATURES
Acting Features Editor Charles Ajunwa Email charles.ajunwa@thisdaylive.com
Nigeria Joins Food Revolution Campaign As the food revolution train hits Nigeria, its proponents are urging citizens to come together and demand for government's commitment to food security, safety, malnutrition and obesity in children, Peace Obi reports
O
ver the years, the major challenge to world leaders has been how to eradicate chronic poverty among other threats it poses to human existence including underdevelopment, hunger and death. And while some significant achievements have been recorded in this fight, cases of obesity have equally risen, so high that it has become a global concern. According to United Nations Food and Agriculture Organisation, about 795 million people of the 7.3 billion people in the world, or one in nine, were suffering from chronic undernourishment between 2014 -2016. And children have been observed to be the most visible victims of undernutrition around the world as it is said to be responsible for 3.1 million under five child deaths annually. But as the world increases food production to meet up with the ever-increasing demand for food, concerned food experts have continued to draw the world's attention to the increasing compromise by businesses in food processing, packaging, falsehood in labelling, unhealthy eating habits, leading to what has been described as 'hidden hunger'. According to the former Deputy Executive Director of United Nations International Children Education Fund (UNICEF), Kul C. Gautam, ‘The hidden hunger' due to micronutrient deficiency does not produce hunger as we know it. You might not feel it in the belly, but it strikes at the core of your health and vitality. Now, with the estimated figure of 41 million children under five years being overweight and 159 million undernourished, it presents to the world a double-faced problem of hunger and obesity. And rising to this global challenge is a British Chef and Campaigner, Jamie Oliver who has over the years through different programmes targeted at drawing governments' attention to its role in ensuring healthy food production, among others also educate people on food consumption and encourages them to adopt healthy eating habit. Oliver who had attempted to reform the US school lunch programmes, help American society fight obesity and change their eating habits in order for them to live healthier and longer lives, has through one of his initiatives, 'Food Revolution Day' launched a global campaign intended to provoke debate and inspire positive, meaningful change in the way children access, consume and understand food. Famed as the longest-ever Facebook live stream campaign, is intended to encourage more people to sign up to join the food revolution, and put pressure on governments to develop and implement plans that will tackle the child nutrition crisis. The 2016 Food Revolution Day saw 10 countries of the world partner with Oliver in his drive for healthy society through right food consumption. And among the chefs and personalities that joined in the 2016 Food Revolution Day campaign is a Nigerian chef and food cruiser, Chef Tolu Eros along with musician Waje Iruobe and singer/actress, Lami Phillips; Australia by Chef Donna Hay; Canada by Chef Lynn Crawford, Tanzania by Cookery personality, Marion Elias and Ali Kiba, among others. Speaking during the fifth but first edition of Food Revolution Day campaign in Nigeria which held in Lagos recently at the Dowen College, Lekki, the Nigerian partner of Chef Jamie Oliver, Chef Tolu Eros said that the campaign was all about people coming together to start a global conversation about "the way we buy, the way we grow, the way we eat and mostly what we understand about our food." Noting the major concern of the campaign to be on the increasing number of malnourished
Chef Tolu Eros (left) and musician Waje Iruobe, cooking together in the kitchen
children as well as the problem of obesity among children under the age of five in Nigeria and elsewhere in the world, Eros said that malnutrition and obesity in children do not necessarily mean lack of access to food but caused by poor dieting. "We need to ask what is causing stunted growth or obesity. In Nigeria, you find out that stunted growth is really high due mostly to poverty but that does not mean that people who are poor or people living in the rural areas in particular do not have access to good food."
For Chef Tolu Eros, the global goal for food revolution across the world is to achieve zero hunger which is hinged on four main targets - end hunger, achieve food security, improved nutrition and achieve sustainable agriculture
Highlighting some of the causes of malnutrition and especially the hidden hunger that eventually culminates into obesity and some other health challenges, Eros said "The problem is that they (parents) are not educated on how to consume those foods and what to grow and how to grow things that are necessary for healthy living. And the way we cook our soup, we kill a verse majority of the nutrients the child needs to grow and live a good life,” the executive chef explained. Eros who hinted that the country has the capacity to be food sufficient, said that if cultivation and growing of food are done in the right proportion and subsequently enabled by the availability of right infrastructure, preservation mechanism, investment in sustainable agriculture, among others that Nigeria would not only achieve food security but also experience improved nutrition in children and adults. "They grow much cassava, how about the vegetables, the cultivation of proteins, rearing of animals. There are a lot protein and fibre that can be grown but we are focusing on the wrong kind of foods, we cook and eat them wrongly,” Eros stressed. Speaking further on the need for government to help instill some discipline in the manufacturing of food in the country by making businesses to actually tell consumers the truth about what they buy and what they eat, Eros said, "We need to start asking questions about what really is the content of the food we buy, you know we buy a lot of processed food. The business people are actually lying to us about the content of the ingredient in the food we buy. Sometimes you think the sugar content is low but on the contrary, it is almost double than what
is indicated. "That is why we are starting a global conversation. This is a conversation where we are asking our government and our people to tell us the truth about the food we buy and the food we eat. So this revolution is all about pushing the government to make the business people to tell us the truth about what we are consuming, educate us about how to consume it, what to consume and when to consume it,” he said. Determined to help shape the health and wellbeing of people around the globe by providing access to right information, and to educate them about food by campaigning on the issue, lobbying governments and industry to do the right thing to create a healthier and happier world, this year's Food Revolution Day saw chefs across the10 participating countries demonstrate how to identify, cook and eat healthy meals before school children. Here in Nigeria, Chef Eros assisted by Waje Iruobe and Lami Phillips along with the students of Dowen College who also anxiously watched the chef prepare two different dishes using mainly locally sourced food ingredients. Explaining his choice of food and ingredients used, the chef said, "Today, we made two different things. So for the first one which was the main dish was the ofada rice. I made it a little healthier, so I put spinach and on the side, I made a Nigerian Marinara. "I chose Ofada rice, it is a rice that is grown here in Nigeria, it is our own natural grown brown rice. And it is pack-full with so much nutrients from magnesium down to sodium. The sodium in itself gives you the illusion of being fuller than you really are and that Continued on next page
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• T H I S D AY TUESDAY, JUNE 14, 2016
FEATURES
Sometimes, when I go shopping because I am trying to stay healthy, I will rather buy imported brown rice or basmati rice. But now I know that Ofada rice is our own locally made brown rice and it is really healthy
will help curb obesity and at the same time it gives you the energy your body needs to run through the day,” Eros explained. "For the Omelette challenge, I made a plantain, fish and avocado omelette. I used a common ice fish called Tete in Yoruba that is the Mackrel fish that is sold for about N300 for one. I cut it into seven portions and I used one portion along with one plantain and four eggs to feed three people a full meal. That is under N500 for a meal that is supper nourishing. Let us not talk about the avocado that has gone into it alongside with the tomatoes and the pepper, and others. All these are ingredients that can be sourced locally and are easily accessible. "In omelette challenge, we are trying to start a conversation about a humble omelette. Everyone makes an omelette, everyone has their own version of omelette. So, what the omelette challenge is about was to see the different types of omelette the different regions, different countries make and what goes into their omelette and how original they are and just to give people an idea of other things they can make for breakfast,” executive chef explained. For Chef Tolu Eros, the global goal for food revolution across the world is to achieve zero hunger which is hinged on four main targets - end hunger, achieve food security, improved nutrition and achieve sustainable agriculture. "Sustainable agriculture is about growing better that is organic growing, which is what we are practicing here in Nigeria. Now what we want is that government and our business people should invest in sustainable agriculture. We are talking about processing, we are talking about storage. For example, why we have tomatoes crisis is because a lot of our tomatoes have gone bad. Why do they go bad because we don't have storage facility. So, the whole idea is to grow better, buy better and to eat better, and generally have a better understanding of what food is,” Eros noted. For the musician, Waje Iruobe, joining the league of food revolutionists around the world is something that sits well with her passion to affect lives. And that being a fan of Chef Jamie Oliver, sharing in his passion for cooking and belief that cooking healthy and eating good food has a way of changing the society, is an interesting partnership to build a better society particularly as it would lead to improved nutrition for children. Speaking on her role and experience, Waje, said, "What we did today was to show people our hero ingredients and different ways to prepare stuffs that you are very familiar with but never realised that these things are actually healthy. For the first time, I am made to
Students of Dowen College, Lekki, with the food campaigners Eros and Waje
Miss Anisa Ahmed helping Chef Eros in the cooking
Chef Eros and Waje flanked by Ifeome Areh (left) and Feyi Olunuga (right)
know that Ofada rice is our own brown rice. "Sometimes, when I go shopping because I am trying to stay healthy, I will rather buy imported brown rice or basmati rice. But now I know that Ofada rice is our own locally made brown rice and it is really healthy. That is one of the lessons." Urging parents to pay more attention to what they feed their children with, Iruobe said "these are different in ways, we can
spice up our cooking and make sure our children are enjoying the food that they eat and also to stay healthy. I understand that traffic, work and all of that take our time but as parents we have to pay attention to our children and not just paying attention to make sure they have the best shoes, they go to best schools, but also what they put inside their system.” Chopping and slicing food ingredients and
helping in making the food ready, singer and actress, Lami Phillips said it was an interesting experience seeing young school children learn how to select, cook and eat healthy food. Food Revolution Day marathon which had 115,296,411 million people around the world connected online was also supported on social media by Coldplay, James Corden, Kate Hudson, Nicole Scherzinger, Rio Ferdinand, Paloma Faith, among others.
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IMAGES
L-R: Managing Director/CEO, Standard Chartered Bank, Nigeria and West Africa, Mrs. Bola Adesola; Group Managing Director/CEO, United Bank for Africa (UBA), Mr. Philip Oduoza; Director, Banking Supervision, Central Bank of Nigeria (CBN), Mrs. Tokunbo Martins; and GMD/CEO, Union Bank, Mr. Emeka Amuwa, at the Bankers’ Committee meeting in Abuja...recently ENOCK REUBEN
Executive Vice Chairman (EVC), Nigerian Communications Commission, NCC, Professor Umar G. Danbatta(left) and the Chief Executive of MTN, Fredinand (Fredi) Moolman during the signing of agreement to stagger MTN fine in Abuja...recently
T H I S D AY • TUESDAY, JUNE 14, 2016
Photo Editor Abiodun Ajala Email abiodun.ajala@thisdaylive.com
L-R: Director, Consumer Segment, Etisalat Nigeria, Adeolu Dairo; Odimayo Okunjimi John and Agbataekwe Solomon Ifeanyi, both Etisalat GEM customers, during an all-expenses paid trip to Milan, Italy for GEM customers organised by Etisalat Nigeria...recently
Chair, Global Alliance for PR and Communication, Prof Gregor Halff (right), and President, NIPR Nigeria, Dr Rotimi Oladele, during the presentation of a gift and certificate to Oladele, in appreciation of his role as Global Alliance Board Member and representative of Africa At Large for 2015/16, in Canada...recently
L-R: PTA Chairman, Our Lady of Apostle Private School, Yaba, Mr. Okpalla Max; Chairman, OLA Cultural Day, Chief Godwin O. Ogunwa; and Supervisor, Our Lady of Apostle Private School, Yaba, Rev Sister Valentina Adeyemo, during the school’s Cultural Day in Lagos...recently
L-R: Former Head of State, Gen. Yakubu Gowon; Group Managing Director, Red Star Express Plc, Mr Sule Bichi; and the Divisional Managing Director, Red Star Freight Ltd, Mr Tonye Preghafi, during the Institute of Directorsí ADC 2016 conference in Abuja...recently
L-R: Member, Board of Trustees (BoT), Risk Managers Association of Nigeria (RIMAN), Olumide Olayinka; General Counsel/Head of Regulation, Nigerian Stock Exchange (NSE),Tinuade Awe; President, RIMAN, Jude Monye; Chief Risk Officer, NSE, Tunji Kazeem; member, BoT, RIMAN, Gregory Jobome; and Executive Secretary, RIMAN, Victor Olannye, during the closing gong ceremony by RIMAN at the NSE in Lagos... recently
L-R: Executive Director, Marketing, Honeywell Flour Mills Plc (HFMP), Mr. Benson Evbuomwan; Lagos State Governor, Mr. Akinwunmi Ambode; Executive Director, Supply Chain, HFMP, Mr. Rotimi Fadipe; The Vision of the Child Painting Competition 3rd prize winner, Miss Akwarandu Ann Marie; and Deputy Governor of Lagos State, Dr Idiat Oluranti Adebule, during the vision of the child painting competition award Gala Night, in Lagos...recently
14.06.2016
NEWS/5
Nigeria Makes History as the First African Country to Host ICC Conference Jude Igbanoi
L-R: Mr. Festus Onyia, Mr. Nelson Ogbuanya, Mrs. May Agbamuche-Mbu, Mrs. Bunmi Osuntuyi,Mrs. Dorothy Udeme Ufot SAN, Chairman ICC Conference Planning Committee and Mr. Tunde Fagbohunlu SAN
Senior Lawyer Faults Supreme Court’s Verdict on Two-Member Panel for Saraki’s Trial at the CCT
Tobi Soniyi in Abuja
assets filed against the Senate President, Dr. Bukola Saraki. Idornigie spoke in Abuja The Head of the Department of Commercial Law at a round-table on Media at the Nigerian Institute of Reporting of Court ProceedAdvanced Legal Studies ings organised by the Law (NIALS), Professor Paul Media and Social DevelopIdornigie (SAN) recently, ment Initiative. He noted that the provifaulted the decision of the Supreme Court which stated sions of the constitution that two members of the which created the tribunal Code of Conduct Tribunal stated that the tribunal shall could hear the case of the be constituted by three alleged false declaration of members but did not provide
for a quorum. He asked, "what would be the decision of the tribunal when a member finds an accused guilty and the remaining one member did not so find?" Idornigie also stated that it was wrong for the Director General in the Ministry of Justice to have instituted the charges against Saraki when there was a sitting Solicitor General in the ministry.
"There was a sitting Solicitor General in the Ministry of Justice but it was a Director General that instituted the charges against Saraki, I have issues with that. "You can see that even at the Court of Appeal, there was a split decision amongst the panel of judges; these are areas that should be reported by the media so that our laws will be reformed" he further stated.
From June 19th – 21st 2016 all roads will lead to Lagos as Nigeria hosts the first ever regional conference of the International Chamber of Commerce on Arbitration. The conference which will be held at Eko Hotel and Suites is expected to attract international and local arbitrators, lawyers, investors from across various jurisdictions. Speaking to the media at a pre-event briefing last Friday at Eko Hotel, Chairman of the Conference Planning Committee, Mrs. Dorothy Udeme Ufot SAN stated that Nigeria should consider it a rare privilege for being accorded the opportunity to host the conference, being the first ever hosted by an African country. The theme of the conference is ‘Arbitration and Africa: Prospects and Challenges.’ According to Mrs. Ufot, as a result of the global economic meltdown, Africa is the next preferred destination for investors and Nigeria being the largest country on the continent and with vast investment opportunities spanning, oil & gas, solid minerals, agriculture, infrastructure, manufacturing, etc is very attractive to investors. The conference aims to provide valuable insights and analysis into the latest developments in arbitration and discuss the need for individuals and organisations to consider ICC Arbitration as a globally accepted means of settling disputes, examine the prospects and challenges involved
in investing in Africa, focus on the relationship between inward direct investment in emerging markets in Africa and the types of disputes that may arise and forge a higher level of relationships with key arbitrators globally. ICC chose Nigeria for its maiden conference in Africa because Nigeria, being the biggest economy in Africa is also the most active National Committee in Africa and currently the Chairman of ICC Nigeria is the Coordinator of ICC in Sub Saharan Africa. The Conference is not limited to practising lawyers, arbitrators, magistrates, engineers, corporate organisation, academics and corporate counsel are free to attend. Thematic areas the conference will cover include, Investing in Africa, Africa and Investor-State Dispute Settlement, Arbitration in Africa, The Impact of the Judiciary on Arbitration in Sub-Sahara Africa, The Role of In-house Counsel in Arbitration Proceedings and Abuse of Process in International Arbitration and the Unwillingness of Counsel to Accept the Outcome of Arbitration in Sub-Saharan Africa Damaging the Brand. The conference which is jointly organised by the ICC Nigeria and the ICC Court of Arbitration Paris is supported by the Nigerian Bar Association, Globacom Nigeria, Access Bank, Shippers Council, S.O & U and some Nigerian law firms The conference is already over 50% subscribed, about 400 conferees are expected and it is highly subsidised.
Lagos Assembly Confirms Former Chief Maritime Advocacy Judge, Phillips as LASIEC Chairman Group faults EFCC Akinwale Akintunde
Following her nomination by the Lagos State Governor, Akinwunmi Ambode last month, the state House of Assembly has confirmed the appointment of the immediate past Chief Judge of Lagos State, Hon. Justice Ayotunde Phillips as Chairman of the State Independent Electoral Commission (LASIEC). Justice Phillips’s appointment was confirmed during plenary last Thursday. The Clerk of the House, Mr. Sanni Azeez was subsequently
ordered to communicate the confirmation of the appointment of Hon. Justice Philips to the Governor through a letter. Justice Philips, who was invited to the House to defend her nomination, stated that during plenary that she was prepared for the job and that this would halt her retirement, which she had enjoyed for some time now, adding that she was ready to serve the State. Some of the lawmakers, who contributed during her appearance, observed that she served the State meritoriously during her tenure as the Chief
Judge of the State. In his comment, the Speaker of the House, Rt. Hon. Mudashiru Obasa explained to Justice Philips that the job would require her to go round the State unlike, when she was the CJ. “You will now need to visit all the Local Government Areas in the State during the registration for the election and during the election proper. You must be ready to do the job as required so that we would have a free and fair election. We can count on you since you were successful during your tenure as the Chief Judge,” he stated.
Answering questions from the Speaker including if it was possible to start speaking Yoruba Language in the courts in the State, Justice Philips noted that this would be impossible as some of the people who come to the courts would not understand the language. “Some of the people, who come to the court do not understand Yoruba Language and when you start speaking Yoruba in the court it would be a ground for appeal for someone, who does not understand Yoruba Language,” she emphasised
I’ve no Case to Answer on N4bn NITEL Property Foremost Accountant Adekanola Tells Court Akinwale Akintunde Former Tax Consultant to the Lagos State Government, Otunba Olusola Adekanola, has filed a no case submission before an Ikeja High Court to challenge the two count-charge of fraud preferred against him by the Economic and Financial Crimes Commission (EFCC). Adekanola was arraigned by the EFCC before Justice Lateef Lawal-Akapo in May 2013 under the Criminal Code Law Cap 17, Vol. 2. Laws of Lagos State, 2003.
He however, pleaded not guilty to the charge . The EFCC had accused Adekanola of "fraudulently disposing of trust property" and "disobedience to lawful order" by selling NECOM House, Lagos without any authority. According to the anti-graft commission, the offence committed by the defendant contravened Section 434 of 9riminal Code Cap 17. Vol. 2, Laws of Lagos State of Nigeria, 2003. The particular offence was
that: "Otunba Olusola Adekanola between March 2007 and April 2008 at Lagos within the Ikeja judicial Division, you converted NECOM House Lagos entrusted to you as a Liquidator without authority by selling it to West African Aluminium Product Plc at the price of N4bn, being fully aware that there was a presidential directive not to sell NECOM House." On the second charge he was said to have disobeyed the lawful order issued by constituted authority contrary to Section 203 of the Criminal Code.
But in a no case submission filed by the defendant through his lawyer, Malam Yusuf Ali SAN he prayed the court to discharge and acquit him on the ground that the prosecution has not established a prima facie case against him. He argued that all elements of the offences against him were not proved by the prosecution as required by law. Opposing the application, however, the prosecution said there is prima facie case against
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Chairman on Conviction of ex-NIMASA DG John Iwori The Maritime Advocacy Group has faulted the Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Ibrahim Magu, on his statement as regards the recent conviction of a former Director-General, Nigerian Maritime Administration and Safety Agency (NIMASA), Mr. Temisan Raymond Omatseye. Omatseye, a lawyer was convicted by the Federal High Court in Lagos with a 5year prison sentence over a N1.5billion contract scam. Magu had counted the conviction as one of the 14O convictions the commission had recorded as an achievement in the past six months. The President of Maritime Advocacy Group (MAG), Ifeanyi Okolie, and Secretary, Kayode Animashun, in a statement in Lagos said the EFCC chairman failed to state what transpired at the Federal High Court. Notably, the group said that the former NIMASA boss was not in any way found guilty of any fraud or any other criminal offence. Describing the judgment as one likened to persecution, the group also pointed out that no money belonging to NIMASA
was found in Omatseye’s bank accounts. Omatseye was found guilty of approving contracts above his threshold, which he has already appealed against. According to the statement, we expected the chairman of the Nation’s anti-graft Agency to have called for the Judgment file or sort the opinion of his legal team on the judgment before coming out to misinform Nigerians, the media and the general public on a case ‘that is more of persecution than prosecution.” Continuing, MAG stated that: “It is pertinent to note that nowhere in the judgment is Temisan Omatseye found guilty of any fraud. Not to talk of misappropriation of funds. Nowhere again was it mentioned that he was guilty of any criminal offence. As a matter of fact, MAG which had followed proceedings of the trial notes that the EFCC IPO in his statement and evidence stated that no fund belonging to NIMASA was traced to the embattled former DG’s bank accounts. “For record purposes, Justice Rita Ofilli-Ajumogobia of the Federal High Court, Ikoyi Lagos, found him guilty of approving contracts above his threshold", it noted.
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14.06.2016
Egbin Power Plant Plans to Build Liquefied Natural Gas Terminal to Solve Severe Gas Shortage Olufola Wusu
L
iquefied Natural Gas (LNG) for export is great... However, LNG to power has become imperative for an energy starved Lagos.
Light Up Lagos Lagos is reported to have a population of over 20 million people and is still growing. Lagos is said to consume over 40% of the premium motor spirit consumed by Nigeria as a whole on a daily basis. Governor Akinwunmi Ambode has been drumming up support for his light up Lagos plan, this liquefied natural gas terminal might just be the tipping point for him. Lagos has the opportunity to become the LNG import hub for Nigeria and Africa as a whole. Egbin to the Rescue Owners of Nigeria’s largest power plant Egbin Power Plant near Lagos are planning to build an LNG import terminal, as it seeks to solve an acute shortage of gas according to Chief Executive Officer Dallas Peavey. What is LNG? LNG is gas frozen to liquid state reducing its original size by 1/600. LNG is a liquid which can be shipped in, which might give Egbin some respite from the constant attacks on pipelines, that have reduced its gas supply. Switching to LNG may also open Egbin up to multiple suppliers of
LNG struggling for new markets. It is plausible that Egbin may be able to ensure the stability of gas supply to the market with a floating LNG terminal for importation. What is an LNG Terminal? An LNG terminal is a purpose built port used exclusively to export or import LNG. “LNG Import Terminals” as a Service? The LNG terminal can be used strictly for Egbin or/and for other players who may also want access to LNG. Egbin has the opportunity to champion the use of LNG import terminals for its sole use, or the use of LNG import terminals as a service to other gas consumers. LNG Pricing Concerns about LNG prices rising are real, it is hoped that the price indexation/decoupling of LNG prices may have ended. Historically there has been some relationship between the price of crude oil and that of natural gas that is, barring any unforeseen occurrences like natural disasters etc. Decoupling of prices is usually temporary. However three factors tend to point to a possible permanent decoupling of prices and a possible dip in some areas. They are: 1. The globalisation of natural gas 2. Specialisation in all parts of the oil and gas industry by companies 3. The emergence of Shale Gas. Quite a number of industry experts agree that LNG prices change with time, thus, Egbin may consider benchmarking its projections on possible higher prices or hedge against a rise in LNG prices. Egbin may do well, to avoid the
mistake some indigenous oil companies made; those oil companies banked on higher crude oil prices, which eventually fell. Egbin should be wary of banking on low LNG prices, which may eventually rise, when demand rises or supply falls. Egbin should avoid limiting its LNG supply to "local sources". Our "local sources" of LNG may be given a right of first refusal, but at no point should Egbin limit itself, as our "local sources" of LNG may be fixated on export of their product. Buyers Market v Sellers Market It is now a buyer's market in the LNG world; sellers are aggressively wooing buyers. Qatar LNG recently gave a huge discount to India, waived a penalty and has been selling on the “spot market” too. “The new formula between the two companies is in the interests of a win-win. Where the previous contract meant that Petronet had to buy LNG at $12-13 per mmBtu, the new contract means a price of $6-7 per mmBtu,”. Iran has started supplying LNG to Kenya, Tanzania and South Africa. Long Term Contracts v Spot Markets Egbin should try spot markets and negotiate a long term deal if the price is right, preferably with a major player like Qatar Gas LNG or a player like Iran keen on gaining market share. Long term LNG contracts have given way to spot markets, it is no longer a seller's market, it is now a buyer's market. There are quite a few LNG projects on the ground, floating and in the
I’VE NO CASE TO ANSWER ON N4BN NITEL PROPERTY CONTINUED FROM PAGE 5 him, while urging him to open his defence without delay. According to the prosecution counsel, Mrs. Chioma Onuegbu, there is evidence to prove essential elements of the offences, adding that there was a Presidential directive not to sell NECOM House, which was allegedly
contravened by the defendant. Onuegbu, further submitted that the defendant not only went ahead to dispose of the property in spite of the presidential order but disobeyed the order requesting him "to remove certain critical operational assets of NITEL/MTEL initially listed as
Non-Core assets" to be disposed. She argued that there was a specific Presidential Order communicated to the defendant, which he confirmed in the minutes of meeting dated July 25, 2007. Justice Lawal-Akapo reserved ruling in the no case submission till July 13, 2016.
pipeline but consumption is not spiking per se. India renegotiated a long term LNG contract recently and got a 50% discount. I believe Egbin should negotiate for the best deal it can get, since it is building an LNG terminal. Egbin may consider prospecting for a seller, willing to finance the construction of the LNG terminal. Hydraulic fracturing has increased the supply of natural gas available. It has been reported that, 5 (five) LNG export terminals are being built along the U.S. East Coast alone, making the possibility of an LNG glut more feasible. Egbin LNG import terminal will be very handy for gas exporters from the U.S.A, Qatar and Iran to enter the Nigerian market. In Africa, it is reported that there are at least 5 (five) planned LNG import terminals, Cotonou LNG Import Terminal, Benin, Ghana FSRU LNG Import Terminal, Ghana, Jorf Lasfar LNG Import Terminal, Morocco, Mombassa LNG Import Terminal, Kenya and Mossel Bay LNG Terminal, South Africa. The Croatian Paradigm: Land Based LNG terminal v Floating LNG terminal Croatia has been reported to have opted to go for an FLNG (Floating LNG) terminal to commence LNG import over a land-based LNG terminal. This FLNG import terminal is expected to reduce the construction costs of an LNG terminal and will require only two years to be fully operational. It will be the world’s first offshore LNG regasification terminal. It is 47-metre (154 ft) high, 88-metre (289 ft) wide, and 180-metre (590 ft) long. It was reported that, the FLNG terminal will be operated by Qatar Terminal Ltd., a subsidiary of Qatar Petroleum and some other companies. Conclusion The benefits of an LNG import terminal may far outweigh its cost, avoiding gas supply disruptions due to ruptured pipes may be the least of such benefits, while the possibilities range from security of gas supply, to the possibility of long term storage tanks, to opening the window for the use of gas for transportation and helping a nation complete its energy circle. OlufolaWusu is a Commercial, Oil and Gas and I.P. Lawyer based in Lagos
Legal Personality of the Week Aisha Ado Abdullahi
‘In Law Practice Character is more Important than Knowledge’ My name is Aisha Ado Abdullahi, I am originally from Kano state . I am a lawyer, ADR expert and consultant in law and development issues, with over 10yrs’ experience. I am the Managing Partner of Green Edge Attorneys a law firm I founded in 2007 and I am also the Managing Director of Green Horizon limited. I am a serving member of the Council of Legal Education representing the Nigerian Bar Association. I am a member of the Chartered Institute of Arbitrators United Kingdom and also a neutral on the panel of neutrals in the Kano Multi-Door Court House Kano State . I am also on the Executive committee of the Kano Civil Society Forum. I have been a very active member of the Nigerian Bar Association, I held office as an executive both at branch and National level. I am also an active FIDA member (International Federation of Women Lawyers). I am an activist, especially regarding the fight against rape and sexual violence against vulnerable members of the society. I graduated from Bayero University, Kano having obtained both an Undergraduate Degree in Law and a Master’s Degree in Business and Commercial Law. I attended the Nigerian Law School where I obtained the qualification to practice law. Have you had any challenges in your career as a lawyer and if so what were the main challenges? As a young female lawyer, living and practising in an environment where women are generally happily sheltered and not expected to be bold, independent and resourceful. It’s been quite challenging. The major challenge was getting myself to be taken seriously! Potential clients I approach
dignity and nobility. Today lawyers are viewed as aiders of impunity and corruption. Among your peers being a lawyer used to be a thing of pride and cause for envy, now the rate at which Nigerian Lawyers allow themselves to be called BARRISTER has whittled down. Not that it was right in the first place.
Aisha Ado Abdullahi
would usually say something like; “who is your boss?” and if I tell them I am my own boss, they would usually decline the offer of my legal services. Some even said: “small girl like you, what can you do?” That small girl surely surprised them! It’s been much better now I had to prove my self worthy by not relenting and with the support of those clients who took this risk I was able to show how sometimes that a “little lady lawyer” can move a mountain that a man could not. What was your worst day as a lawyer? My worst day as a lawyer is today! Days gone by being a lawyer signified respect, honour,
What was your most memorable experience? The day a client walked into my office straight from prison, went down on his knees with tears in his eyes. He was wrongly accused in a high-profile case that would have caused him his freedom or even caused him his life, we were able to get him out. At the same time his wife was calling the relation who brought him to me that she had cooked his favourite meal and was waiting with his children to welcome him back. He left my office without ever uttering a word in appreciation, his tears and smile said it all. Who has been most influential in your life? My Mother and Father! I owe my life to them. I have had a few mentors who supported, criticised and guided me, I say it as if it’s in the past- it is still on! I am still very young in my profession. I would not want to offend anyone by not remembering to mention their names but there are three people who are on top of the chart, whose direct support and influence I have been enjoying from the beginning of my career to date, they are: Professor Muhammed Tabiu, Hajiya Fatima Kwaku and A. B. Mahmoud SAN.
Why did you become a lawyer? I was born to be a lawyer! Firstly, as a child when ever I wanted something or wanted something done my way, the way I expressed my self; my Mom would usually say: “this girl was made to be a lawyer!”. Secondly, as a young adult I’ve always been bold and fearless. Whenever my friends and I wanted to do something for example approach a teacher, I will step forward or be pushed forward when others are afraid to step forward and talk. Thirdly, I have always wanted to be in a position where I will be able to make a positive difference in other people’s lives. What would your advice be to anyone wanting a career in law? My advice will be; in law practice character is more important than knowledge, therefore work harder in developing your character more than you work to pass your exams or win your cases. Both must be excellent for you to succeed as a lawyer. If you had not become a lawyer, what would you have chosen? I would have become a Teacher. That way I would still be an activist and will also have the opportunity for making a positive difference in people’s lives. Where do you see yourself in ten years? In ten years’ my practice and other engagements would have recorded countless achievements. I try to mentor younger colleagues; I will love to see their progress in 10years.
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Reporting Court Proceedings by the Media: the Uses And Abuses Paul Obo Idornigie
I
Introduction n any society, the media has a major role to play – to inform, educate and entertain. The power to carry out these function can be derived from the international instruments, constitution, statutes, common law, rules, regulations and practices. Indeed, in the 1999 Constitution of the Federal Republic of Nigeria as amended, the press, radio, television and other agencies of the mass media are free to uphold the fundamental objectives contained in Chapter Two of the Constitution and also uphold the responsibility and accountability of the Government to the people. More fundamentally, section 39 of the Constitution provides for the right to freedom of expression and the press. With particular reference to court proceedings, a court is generally a public place and court proceedings are open to the public. This is consistent with the common law principle of ‘open court’. This simply means that court proceedings (trials, hearings and routine matters) in which the public, including the media, may be present. As is often said of legal rights, no right is absolute. Indeed to every right, there is a corresponding duty. In any case, the right that enures to the press to inform, educate and entertain carries with the duty not to defame and infringe copyright laws nor commit contempt of court. Similarly open court comes at a cost as it exists in tension with two other rights – privacy and security. The challenge we have is how to balance the rights of the media to inform, educate and entertain with their duty to observe constitutional and statutory provisions as they relate to the rights of others especially the judicial officers. An independent judiciary and a free press are constitutionally guaranteed because they are essential features of a healthy democracy. Media freedom entails a certain degree of responsibility especially with ever-expanding technologies such as cable television, local radio networks, social media and the Internet. These new methods of newsgathering have not only increased awareness among the citizenry but has helped in shaping executive, legislative and judicial decisions. The role of organised media in ensuring that every information about governmental actions including judicial proceedings are made public and available to ordinary citizen cannot be over-emphasised. In Nigeria, the media is given access to court during proceedings so they can report such proceedings through the various mass media for the benefit of their readers and listeners. However, in the course of reporting, liabilities may arise as a result of not getting the proper information or lack of accurate editing and therefore, untrue information may be passed to the audience. In this presentation, we will explore how far the courts should be open to the press and what the press can or cannot do with such openness. The Principle of Open Court Courts are the legitimate fora for the settlement of disputes between the state and an individual or between two private individuals. Proceedings in court are an alternative to brash and brutish means of settling disputes among citizens. In the same vein, it is a civil way of ensuring that the state controls properly conduct among its citizens in the overall interest of the state. The judiciary in democratic settings has a characteristic feature of administering justice in both civil and criminal proceedings in public. This feature is commonly known as the open court principle. This principle is also tied to rule of law. In recognition of the open justice principle, the general rule is that justice should be administered in the open. To this end, proceedings must be held in public, evidence communicated publicly and fairly, accurately and contemporaneous media reporting of proceedings should not be prevented by any action of the court unless strictly necessary. This implies that the court must not prevent the press from attending court for any part of the proceedings. However, there are exceptions to this rule. A good starting point is the decision of Lord Halsbury in SCOT v SCOT (1913) AC 417l and adopted by Jeremy Bentham thus:
Where there is no publicity there is no justice. Publicity is the very soul of justice. It is the keenest spur to exertion and the surest of all guards against improbity. It keeps the judge himself while trying under trial. Lord Atkinson acknowledged that the hearing of a case in public may be “painful, humiliating, or deterrent both to parties and witnesses” and in some cases, “the details may be so indecent as to tend to injure public morals”. Lately, Tom Bingham underscored this point thus: . . . that all persons and authorities within the state, whether public or private, should be bound by and entitled to the benefit of laws publicly made, taking effect (generally) in the future and publicly administered in courts. This resonated in Canada where Justice Morris Fish, writing for the Supreme Court of Canada in TORONTO STAR NEWSPAPERS v ONTARIO (2005) S.C.J. No. 41 confirmed that “in any constitutional climate, the administration of justice thrives on exposure to light – and withers under a cloud of secrecy.” In most jurisdictions, open court provisions guarantee the public rights to attend trials. The open court rule in Nigeria finds its source from the provisions of section 36(1), (3) and (4) of the Constitution, which provides thus: 36. (1) In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to cure its independence and impartiality. (2).... (3) The proceedings of a court or the proceedings of any tribunal relating to matters mentioned in subsection (1) of this section (including the announcement of the decisions of the court or tribunal) shall be in public. (4) Whenever any person is charged with a criminal offence, he shall, unless the charge is withdrawn, be entitled to a fair hearing in public within a reasonable time by a court or tribunal. The open court rule is justified on two grounds. First, the actions carried out by the state particularly in criminal proceedings are carried out on behalf of the citizens of the state. The second justification for the open court rule is the public scrutiny which the practice affords. However, the open court principle is not absolute. In certain circumstances, it is not in the interest of the state or the parties in judicial proceedings to be heard in public. The Constitution recognises this by providing in the provisos of section 36(4) certain situations in which the court is allowed to exclude the members of the public from proceedings.The Constitution thus bestows on the courts the power to limit public attendance of such cases. At common law, the onus rests upon a person seeking to deny public access and publicity of court proceedings and court records to prove that extraordinary circumstances justify departure from the principle. It behoves on the courts to balance the open justice principle against countervailing interests of privacy and security. In a country like Nigeria, security challenges has assumed alarming proportion from the various ethnic and religious groups like MEND, MASSOB, IPOB, the Avengers, Boko Haram and lately the Herdsmen. The question in each case is where and how to draw the line. McLachlin answered thus: This is not an easy task. Judges, guided by counsel, must identify the values at stake in a particular case and consider how they are likely to play out. The goal is to draw the line at the point where privacy and security are appropriately protected, yet the essentials of the open justice principle are maintained. The science is not exact, to be sure. Yet the task can be accomplished if the judge identifies and carefully evaluates what is at stake on both sides of the issue. It is all too easy in this arena to allow emotion and fear to becloud judgment, skewing the balance in favour of private or security. The antidote is reasoned identification and examination of what is really at stake in the case at land. In this way, we can sustain the fundamental principle of open justice, while also responding to changing circumstances and priorities. Modification of the open court rule can also be statutory. In such situations, specific legislations limit the open attendance and public scrutiny
Professor Paul Obo Idornigie SAN
where the interest of a party or witness in the proceedings may be adversely affected. In most cases the parties are vulnerable members of the society such as the under aged and the mentally ill parties or witnesses.Such situations do not constitute a violation of the right to fair hearing. In the state's case against Kabiru Sokoto the mastermind of the 2011 Christmas day bombing, the prosecution insisted that the court exempt the proceedings from the public for the purposes of hearing the testimony of witnesses. The application was done in the interest of the safety of the witnesses. To aid the open court principle and reasons for its existence, the media are permitted to sit even in proceedings in circumstances where the public are excluded as the eye or trustees of the public. The media cannot be excluded for several reasons. In a democratic set up there has to be active participation of people in all affairs of their community and the state. It is their right to be kept informed about the current political social, economic and cultural life as well as the burning topics and important issues of the day in order to enable them to consider forming broad opinions in which they are being managed, tackled and administered by the government and their functionaries. To achieve this objective people need a clear and truthful account of events, so that they may form their own opinion and offer their own comments and viewpoints on such matters and issues and select their future course of action. The courts stand in-between the state and the individuals and the press the vanguard of the people. International and regional human rights instruments recognise the right of the press and the role their existence plays in fostering democracy and justice. Article 19 of the International Convention on Civil and Political Rights provides that everyone shall have a right to freedom of expression; this right shall include hold opinions without interference and to freedom to seek as well as impart information regardless of frontiers. Section 22 of the 1999 Constitution, assigns duties to the mass media, that is, newspapers, magazines, radio, television among others, to monitor government and make government accountable to the Nigerian people and uphold the objectives of the state. It states: The Press, radio, television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in Chapter two and uphold the responsibility and accountability of the government to the people. The right to report court proceedings can also be found in section 39 of the Constitution relating to freedom of expression and the press. Accordingly, section 39(2) of the Constitution provides thus: (2) Without prejudice to the generally of subsection (1) of this section, every person shall be entitled to own, establish and operate any medium for the dissemination of information, ideas and opinions. Provided that no person, other than the Government of the Federation or of a State or any other person or body authorised by the President on the fulfilment of conditions laid down by an Act of the National Assembly, shall own, establish or operate a television or wireless broadcasting station for any purpose whatsoever. (3) Nothing in this section shall invalidate any law that is reasonably justifiable in a democratic society (a) for the purpose of preventing the disclosure of information received in confidence, maintaining the authority and independence of courts . . ..
It is on the strength of this constitutional provision that we have private media houses in Nigeria such as Channels TV, AIT, Silverbed TV, Ray Power, amongst others. Court reporting helps in intimating members of the public on the workings of justice systems and their actors. Contemporary society view media scrutiny of criminal proceedings as essential to democracy. This is because media focus on cases contribute to fostering effective safe guards against possible miscarriage of justice.Reporting proceedings especially those that are criminal in nature, help to serve as an external check to the police, prosecutor as well as judicial authorities in the exercise of their duties. In SHEPPARD v MAXWELL, 384 U.S. 333, 350 (1966). US court recognising this role explains that press freedom is the handmaiden of effective judicial administration . . . [since the press] does not simply publish information about trials but guards against the miscarriage of justice by subjecting the police, prosecutors, and judicial processes to extensive public scrutiny and criticism. It is vital that there should be a fair trial for everyone and that trials in court shall be held in public as provided for under the Nigerian constitution in section 36(3). Firstly, the court is a public place and proceedings are conducted openly for that reason and open to the public to attend. Reporters being members of the public so are the readers or listeners they represent. The press therefore has the right to attend court proceedings and are duty-bound to be there whenever possible on behalf of their listeners or readers who cannot be there personally.It is of utmost importance to know that court reporters are provided a place in the court room to seat, record and report proceedings. Basically it is in the interest of the society that court proceedings are reported and disseminated to the general public. It is the duty of the court to decide whether or not a person is guilty of an offence, therefore nobody should be tried and convicted by crime or court reporters either in the columns of newspapers or over the airwaves and in courts of public opinion. It is very important that law reporters exercise their rights to report things and most importantly issues relating to court proceedings either on television, radio, internet or newspapers. In the same vein the right to report a crime is limited in order to protect the defendant’s right to a fair trial. However, when a crime has been committed or a matter is in court, reporters need to inform the people or the public as it is part of their constitutional duty under the Nigerian Law. Such reporting should be done with circumspection. If a man has been charged to court for any act whether criminal or civil, the press is duty bound to report the act to which the person has been charged for. In reporting this, the press is expected not to pass any sentence as it is a mere allegation but to only state the fact as it is. It should also be noted that anything the press reports or publishes about a court proceeding may or may not interfere with the job of the court. When a child is being charged to court or has a matter pending in court, the press is precluded from exposing the identity of the child in whatever form or manner in accordance with the Child Rights Act. Under the Administration of Criminal Justice Act 2015 which now makes provision for witness protection, the press is also precluded from exposing the identities of the witness for the prosecution or defence. Trial by Media: The Right to Fair Hearing and the Obligation of the Press The obligation placed on the press to be the "eye of the public" reporting court proceedings is an important and onerous one. In the realities of modern society, the dissemination of the news is part of an industrial process, which is commonly driven by business concerns. The media often report cases that are sensational in every regard. The media frenzy generated is what keeps the press as a business up and running. At all times, it is the desire of any justice system to at least be seen as fair in conducting its adjudicatory functions. Many legal systems afford specific protection to the presumption of innocence, which is an essential feature of the right to fair hearing. According to section 36(5) of the Nigerian Constitution, “everyone charged with a criminal
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14.06.2016 up a constitutional drafting committee of about 33 members, and the constitution came at the end of the day, we adopted it, we passed it, and I am glad to report that the association has been registered, but as for the reasons why we decided that we were going to coalesce, I have already stated that, it was just to enable us have a forum, a common platform that can serve our interest, a forum that can promote the interest of the lawyers that are serving in the Nigerian legislature, defending their interests and looking after their welfare as well, and then creating a specialised area of law, because the profession itself is rich, we can create other aspects or areas of law but it is the legislative law practice as a specialised area that we want to emphasise on. Is the Association registered? Actually, it was registered in February this year, and so we are good to go, we have our Charter now formally registered with the Corporate Affairs Commission. What is the vision aĂ&#x;nd mission of the Association? The vision is that it is supposed to serve as a rallying point for all legislators in the Nigerian Legislative Houses and by that I mean not only the National Assembly but even the State Houses of Assembly as well including lawyers who serve in committees, lawyers who are members of the parliament themselves, all of us put together including lawyers who are outside the legislature. Provided that you are a lawyer who desires to develop along these lines, you are welcome. What milestones have the Association achieved within this short period? Well, sometimes you know it is very difficult to begin but like it is said you should not despise the days of little beginnings, we have started but we have started very small. Like I said before we have been able to register with the Corporate Affairs Commission (CAC) and we have a functionally equipped office right now and in terms of intervention, on behalf of our members, we have made a case to the National Assembly Service Commission as regards our members, about forty of our members who are employed were placed on level 9, but we all know as lawyers that working with the public service the requirement is that your first entry point should be on level 10 and we felt that should not be the case, we have made a representation to the chairman and members of the commission and we believe that would be dealt with. I guess one of the most important and fundamental outings we had recently, was regarding the bill to increase the number of Justices for the FCT High Court and I know that has been a serious problem for the High Court, a lot of cases are coming in with the expanding population in the FCT and as a result of the avalanche of cases coming before the court, cases were stagnating and there was a need for the number of judges to be raised from 37 to 75. That bill came to the House and we had a wonderful outing, there was a memo delivered by our team before the committee that conducted the public hearing and I am happy to report to you that the bill has passed third reading, so the House of Representatives is done and dusted with that bill. What therefore is the role of the legislative lawyer in the law-making process? Our role basically is something that I can say won't be a matter of conjecture because everybody knows that what lawyers do in the legislature is to make law, to draft laws, not only just drafting but to be able to put flesh really in what they believe should be the law and because the law is a living thing like I said before; because you are always trying to anticipate the future, you are not just making laws that will be implemented within a year or two, so there is always the window to look at the society itself, trying to anticipate where it is going so that by the time you are drafting these laws you are using languages that are adaptable, that are flexible so that the law adapts to the ever changing circumstances in the
COVER/9 society without having to come on yearly bases for a repeal or amendment to the law. So, that is one basic thing we do. We are also involved in advocacy, in legal counselling and so many other things that are done on the floor of the House. So, a lawyer in parliament in the Nigerian legislature is involved in a whole array of things, giving legal opinions to committees, for instance; if it is a committee clerk or serving on a committee, he mustn't be a member of parliament, and those who are in the legal drafting department after all arguments are made, try to invent the right words, really the words are there but you have to be inventive in trying to put them together in a way that makes sense, and in a way that judges can enforce without much problems, so that's what we do. How has your training as a lawyer impacted on your position as the Speaker of the House of Representatives? That is a very difficult question because sometimes when you talk about being a lawyer a lot of people believe you are just being plainly arrogant. I remember those days in school when they say you belong to the noble profession, you are the learned people, others are just educated members of the elite, a lot of people don't take kindly to that; so, we want to be a bit modest. But to be candid as a lawyer there is always a tool, an extra tool that is delivered to you as a result of your training or on account of the courses, abstract legal theories that we do in the University, for instance, Jurisprudence broadens your mind, and so when issues come before you that require almost an instantaneous decision you tend to leverage on that kind of training and some of the issues coming up may have been dealt with by some scholars before or some schools of thought in law that you have read before might have addressed them. So, the law broadens your mind and in every given situation that you find yourself there are an array of tools whether in terms of language, in terms of mastery of skills, that your training empowers you to reach out and use. That always places you a mile ahead and I can say that for those that have been watching proceedings in the House they will know that obviously anytime a lawyer is presiding over any of the Houses of parliament, it tends to be better organised or better run, but that is at the risk of sounding immodest. Who then would you say is a Legislative Lawyer? A Legislative lawyer is any lawyer who is employed in the services of any legislative House in Nigeria or any lawyer out there who wants to take that field as a specialised area for developing his skills. How does the Association intend to assist the current administration in its fight against corruption? This issue of combating corruption is topical, because it is a cancer that does no one good, it has been the bane of our development in Nigeria, I think it is not only the responsibility of legislative lawyers to assist the administration in combating this hydra-headed monster called corruption in Nigeria. It is the responsibility of all lawyers wherever they are, whether they are on the bench, whether they are practising in the court or they are teaching law or they are plying their trade as employees of legislative Houses. It is our collective responsibility really to fight corruption. But for us it is very simple, we will look at the existing laws to see how we can deepen them by way of amendment to give them some kind of bite, and I am happy to announce to you that we inaugurated a committee on law review last year comprising of very erudite lawyers, scholars and some Senior Advocates as well, to look at the entire gamut of legislation that we have in the country, the entire laws of the federation of Nigeria from 1900 that are still in application and advise the House as to how best we can improve them. I can report to you they submitted over
One Hundred and Thirty (130) bills some months ago and out of the One Hundred and Thirty (130) bills, we have passed close to Seventy (70) and I think we are going to report on that tomorrow. Just last week in this very hall we came up with about a Hundred (100) draft bills which we have read for the very first time today on the floor of the House, they have passed first reading, they will still be selected for the second reading. The reason why we are doing this is because we realise that since democracy itself is due process and the rule of law, not the rule of man, no matter how brilliant, no matter how wonderful your ideas are, if you are in the executive, whether you are a member of the legislature, or any of the arms of government, you cannot implement them until you are backed by law, if the law is against it, whatever you do is illegal, so it therefore means that your democracy can only be as deep as your laws are, because that is what you are implementing, you are not meant to execute any other thing apart from your laws no matter how brilliant the idea is, it has to be backed by law. So, if you look at it from that point of view, you would see that by deepening our laws whether they aim to fight against corruption, or improve the ease of doing business in Nigeria, whether it is criminal justice administration that will cut the level of crime in the society. We, as parliament are setting the pace. The lawyers that we have working with us either in terms of drafting these bills or trying to identify the particular laws that we must amend are doing an incredible job and so we continue to do that either to be inventive in terms of thinking outside the box and seeing areas that are not covered by law and amending the laws entirely to ensure that they give the needed bite or by drafting different legal frameworks. Assuming what is being thought of cannot be addressed by the amendment of an existing law, then we can draft another enabling legal framework to tackle that. That is what we are engaged in and we believe that with that we should be able to give the judges the tools they need to deal with corruption and then we will be able to put some tools too in the hands of advocates who go to court to really address the issue of corruption and as for the executive especially the Attorney General of the Federation, we hope to provide some kind of ease with which to prosecute criminal offences in Nigeria, so I believe that is what we do. Does the Association intend to play any role in justice sector reform? Of course, like I have said, our role is to look at laws to see how best we can draft them to meet the demands of society and you know that justice reform is part of the things that we must do if this country must move forward, we just have to reform the justice sector, and we all know the problems because we are insiders and some things are not right for me as an insider to say; as it is said that you don’t wash your dirty linen in public; but we all know the issues involved and as lawyers it affects us, some of us practice here but that doesn't mean we are going to practice in the legislature forever, our eyes are always fixed on the ball, in the next few years who knows I could have a chamber and still be going to the court. So, the problem there, indirectly affects us almost directly, that is the situation and we are poised to sit down, look at the issues that have been raised, I remember the Chief Justice of Nigeria had delivered a paper on this issue and we have some of those papers, we will review them and look at them critically and then support whatever proposal that is being laid before us, I know it is only our members in the legislature that can give the needed push, by the time we are done with
the work, we will ensure that from the drafting department to those who are in working committees, to lawyers who are advocating law on the floor or arguing on the floor that we immediately do whatever we can within what the law permits to ensure that it is quickly passed into law and we will commence implementing them, that is a commitment from us. There are reports that you advocated for the award of the rank of Senior Advocate of Nigeria to lawyers within legislative affairs, can you explain the reasons for your position? That is a tricky one, but I can say it was not originally my idea, let me not be guilty of plagiarism. That argument was first made succinctly by Senator Ita Enang at one of the NBA conferences. I was not even in Nigeria when he made the argument but I saw it on my social media feeds. Some lawyers were even laughing and saying well if lawyers in the legislative houses want to be conferred with the title of SAN, why don't they just simply make a law and say all of them are Senior Advocates. I thought to myself initially that it was actually a ludicrous and very laughable idea, until I started giving it serious thought. You know sometimes we don't learn from history, most of the landmark achievements that we have now, started in form of those kind of ideas and I can say as you rightly know that women were not even entitled to vote even in countries like the United States, and the first time a woman activist got up to say that women must vote, everybody was laughing, how can a woman vote, it was such an absurd idea, everybody thought why would women vote, no we don't want that, it was very unpopular but they pressed, they fought until finally, women won the right to vote. Remember too, in the ancient world it was Galileo who said that the earth was round but the people of that generation believed that the earth was flat, he was tried and even executed for daring to say that the earth was round, later they discovered that the man was actually was saying the truth and we owe him an apology. Also, if you look at it critically President Abraham Lincoln who himself was a former slave owner and whose party was saturated by men who were owners of slaves and never wanted to concede rights to slaves. He got up and said look this country cannot survive with half slaves and half free people, they thought it was crazy and stupid and later what happened? The same thing with William Wilberforce. So, on this issue my thoughts are like this. Now, in our profession you may distinguish lawyers into three; there are those that interpret laws, those that advocate the laws, and you have some in the profession that draft or make the laws. Now, ordinarily if you are to throw a question; which of these functions is even number one? If there is no law what would you be interpreting, if there is no law, what will you be carrying to the court to advocate, so you see the interpretation itself, the advocacy they all rest on the law, that means your interpretation and advocacy can only be as good as the law is. So, if the man interpreting can be wonderfully rewarded by the profession and the man who is advocating what we have suffered to draft is wonderfully rewarded, what of the man who is drafting these laws? We are not saying lawyers in parliament or lawyers who serve in parliament should be made Senior Advocates, No, far from it, even the requirements among those who teach laws, among those who interpret, among those who advocate is that you must have distinguished yourself. I think that is the one word that we must underline, anyone who has distinguished
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REPORTING COURT PROCEEDINGS BY THE MEDIA: THE USES AND ABUSES CONTINUED FROM PAGE 7 offence shall be presumed innocent until proved guilty according to law.” The implication of this principle is that at trial the defendant is presumed innocent until guilt is proven. The judge and (the jury in jurisdictions where they exist) should not have to contend with situations where the media instil a popular opinion in the minds of the public, which if not reached would put the court, and the entire justice system in disrepute. If publicity offered by the media portrays a party in any judicial proceeding as guilty, then there is arguably a breach of a fundamental right of the individual. The European Court of Human Rights has ruled on several occasions, that the presumption of innocence as applied should be even more broadly recognised namely, every citizen has the right not to be publicly shown as being guilty of a criminal offense before final conviction. In the words of the court; 'Freedom of expression, guaranteed by Article 10 (art. 10) of the Convention, includes the freedom to receive and impart information. Article 6 para. 2 (art. 6-2) cannot therefore prevent the authorities from informing the public about criminal investigations in progress, but it requires that they do so with all the discretion and circumspection necessary if the presumption of innocence is to be respected'. It is thus undeniable that there is palpable tension between a commercially motivated press and fair-trial rights. It is the task of the law to prevent a socially valuable activity—such as informing the public about the workings of the justice process—from being transformed by market pressures into a “power without responsibility. Section 45 of the Nigerian Constitution provides that the freedom of expression and the press rights contained in section 39 can be curtailed in the interest of defence, public safety, public order and protecting the rights and freedom of others. Restraining the rights of the press is thus not in violation of fundamental rights principles. Resta identifies two principal model related to the discussion on court reporting restraints. The first model sees protecting speech as paramount and vital for the survival of any democracy. Through the protection of speech, justice administration is automatically improved. Free press and the unimpeded administration of justice are thus not conflicting ideals, but are rather mutually supportive. Arising from the high value placed on press freedom in this model, any interference with media freedom to access report and comment upon ongoing trials is prima facie unlawful. This model grants tangible protection to the press, resorting only to procedural devices such as special jury instructions and sequestration, aimed at neutralising the effect of prejudicial publicity. The United States as a country that attaches more weight to the principles of press freedom arising from its First Amendment relies on this model. Resta recognises four key characteristics of court proceedings recording in the US - absence of deterrent penal sanctions aimed to prevent prejudicial publicity; hostility toward prior restraints on the press, limited use of gag orders and an extensive use of procedural techniques aimed at neutralising the impact of prejudicial publicity. In NEBRASKA PRESS ASS’N v STUART 427 U.S. 539 (1976). , the court held that prior restraints awarded in a murder case was unconstitutional and did not serve the defendant’s rights.This is not to say that the court does not try to strike a balance between the principles of press freedom and the tenets of fair trial. In FLORIDA STAR v B.J.F. 491 U.S. 524(1989) and COX BROADCASTING CORP. v COHN 420 U.S. 469 (1975) concerning the privacy of rape victims, the US court has held that the privacy rights fade when their names appear in the public records. In Florida Star, the court held that the publication of name of a rape victim unlawfully invaded the victim's rights. The second approach, which is the fair trial model, places a higher value on protecting the justice process. Described as the traditional common law approach, the model is concerned with the threat that media reports create for an impartial and unimpeded court action. The underlying assumption of this model is that media coverage of pending trials might be at odds not only with the fairness and impartiality of the proceedings, but also with other individual and societal interests. The court employs the use of penal sanctions - principle of contempt of court to encourage neutrality. The law of contempt, prohibits publications that are thought likely to interfere with the course of justice in a particular case. This is essentially the sub juidice rule. The English court in A.G. v TIMES NEWSPAPERS LTD (1972) 3 ALL ELR p.1136 at p.1144 stated that; '...a matter which is "sub judice" should be protected from the media, it is expected to be treated with some
Court Proceedings
measure of restraint in reportage on the subject while proceedings are on-going. However, the rider caveat which qualifies this expected restraint is that the publication is "calculated to impugn the fairness of the trial". While some publications can be so obvious, the intention of some are not so easily discernible. The focal point then is not whether there is a publication on the subject matter but whether such publication is "calculated to impugn the fair trial" of the pending suit. Therefore, the media is on average cautious in disclosing facts or expressing statements of opinion likely to interfere with pending proceedings. Otherwise, their publicity introduces bias into a process that ought to be fundamentally impartial Contempt Proceedings as sanction for failure to report proceedings fairly The power of the court to impose penal sanctions in situations where the report of legal proceedings are considered as adverse to the course of justice possesses constitutional backing in Nigeria. Section 39(3) of the Constitution provides that '(n)othing in this section shall invalidate any law that is reasonably justifiable in a democratic society: (a) for… maintaining the authority and independence of courts…" In addition, section 133 of the Criminal Code states that anyone who; 4). while a judicial proceeding is pending makes use of any speech or writing misrepresenting such proceeding, or capable of prejudicing any person in favour of or against any party to such proceeding, or calculated to lower the authority of any person before whom such proceeding is being heard or taken; or 5: Publishes a report of the evidence taken in any judicial proceeding which has been directed to be held in private;... is guilty of a simple offence...." A similar provision is contained in section 155 Penal Code. These statutory provisions affirm the need to keep the confidence of the public in the judiciary by ensuring that the duty placed on the media by other constitutional and statutory provisions are not abused. As law-abiding and responsible citizens, members of the media are expected to respect the courts in the course of their official duties. However, the possibility of receiving penal sanction in the course of official duties may arise in the following instances a) where a report of a matter deems a suspect in a criminal offence, guilty even before the trial is over; b) Comments on a case before the court in a manner that suggests that those involved will not obtain justice or, c) Showing disrespect to the magistrate or judge right in the court (in facia curia) by making a noise when the court is sitting, taking photographs in the open court, etc. In situations as those mentioned above, there is a threat to the fair administration of justice and the court generally does not hesitate to reset the scenario. A publication does not amount to contempt unless it is calculated to impede the administration of justice by swaying the public opinion in a manner that is adverse to the justice system. Widgery C J in A.G. v TIMES NEWSPAPERS LTD (1972) 3 ALL ELR p.1136 at p.1144 states that for an action to be considered as contempt, "(t)here must... be a relationship between the publication of the comment and its potential effect on the trial. If it is shown that the publisher actually intended to interfere with the course of justice, he can rarely be heard to say that his comment would not have that effect. But in other cases the potential prejudice must be proved or capable
of being inferred. The essential element to be proved is that the comment was calculated to interfere with the proceedings". In ONAGORUWA v STATE (1993) 7 NWLR (303) 49, the court on contempt in general stated thus; 'Contempt committed ex facia curia being words spoken or acts done outside court which are intended or likely to interfere with or obstruct the fair administration of justice, a newspaper article apparently prejudging a trial could clearly be prima facie contemptuous, but in deciding whether it actually offends the law, the court should act with caution and restraint and consider whether the hearing will in fact be grossly affected, particularly, where the issue concerned is a civil one to be heard without a jury, but solely by a judge, trained to assess the evidence fairly and to arrive at conclusion based on that alone. In DANIEL v FRN (2013) LEPLR 22148 (CA), during the pendency of a suit against the appellant, the government accepted and published recommendations of the commission of inquiry. The act was not an act intended to obstruct or interfere with the cause of justice and was thus not regarded as contempt of court. In BRITTANIA-U NIGERIA LTD v SEPLAT PETROLEUM DEVELOPMENT COMPANY LTD & ORS (2016) LPELR-40007 (SC), the Supreme Court, per Ngwuta, JSC defined ‘contempt of court’ thus: Contempt of Court is an affront to the authority and dignity of the Court. It can be either contempt ex facie curiae and contempt in facie curiae. SeeAwosanya v. Board of Customs & Excise (1973) 3 SC 47. The Court has a different procedure for dealing with each type of contempt. Law reporters should avoid acts that can be contemptuous of the court either in the face of the court or outside the court. Law of Defamation Freedom of the press although fundamental, it is not absolute. The press man in the course of his job is often subjected to the laws of the land. These laws usually come into play while the reporter is gathering news or after the publication of the story. The law report should bear in mind that words are powerful. The press use them to inform, entertain and educate their readers and listeners. However, when used wrongly or unwisely, they can do harm to people through false accusations or misinform the public. The press considering the nature of their job is often at the forefront of this issue. Therefore defamation becomes the main legal danger to the press and one of the most important areas of law for a journalist to know about as defamation protects people against untrue statements that could damage their reputation. Defamation is therefore an ‘infringement on the individual’s right to his good name and thus involves the disparagement of a good name of another person’. It is a tort against the reputation of the name of another. The tort of defamation may be defined as the publication of a statement about someone that lowers him or her in the estimation of right-thinking members of society generally, where no defence (usually truth, opinion, or qualified privilege) is available. Examples are calling someone dishonest, corrupt, hypocritical, lazy, incompetent, criminal, unfaithful, or financially troubled. It includes also, what ordinary readers or viewers see or hear “between the lines”. The courts will look at the harm in the article proving the truth of the words will not help if harm can be inferred literary from the content of the article. The tort of defamation has been classified into
libel and slander. Slander refers to spoken word that appears to defame a person while libel refers to an express malicious publication more in a permanent form. Both can be categorised into written defamation and oral defamation and are strictly different. The press in the process of reporting court proceedings may report untrue statements or publish a defamatory statement against a party to the suit and therefore a tortious liability may arise. However, it is elementary that in order to succeed in an action for defamation, the plaintiff must plead and prove the essential elements of the tort of defamation which are: (a) That the words are defamatory (b) The words were published by the defendant (c) That the words referred to the claimant Therefore, the court reporter needs protection from such liabilities. There are however defences like absolute privilege and qualified privilege. Other than being a tort, the offence of defamation is expressly provided under section 373 of the Criminal Code as a matter likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or likely to damage any person in his profession or trade by injury to his reputation. Such a matter may be expressed in spoken words or in words legibly marked on any substance whatever, or by any sign or object signifying such a matter otherwise than by words and may be expressed either directly or by insinuation or irony. It is immaterial whether at the time of the publication of the defamatory matter, the person is dead. From the above, it is possible to defame the presiding judge or the parties in the suit through bad journalism resulting from lack of expertise on the part of the law reporter. For the purposes of reporting judicial proceeding, it is advisable to use media lawyers who are abreast with our laws to prevent frequent law suit against the media house. Copyright Law In most of the world today, ownership of one’s creation is considered to be an individual’s legally protected intellectual property. This right is enshrined in the Berne Convention and other international treaties, which abolished registration as a formal predicate for copyright interests (although not for judicial enforcement). What this means in practice is that one can sue anyone who exploits a creative work without the owner’s permission, once the work is registered with the appropriate governmental copyright authority. The Nigerian Copy right Act contains a lot of protection for individual creativity and also gives room to fair use. The challenge facing authors/ publishers is the abuse of fair use by journalists. However, for judicial proceedings, it is noteworthy that the second schedule of the Act, exempted court judgment, court Orders and rulings from copy right protection except where they have been collated and published as law reports. This is because they are in public domain and they are also not listed among the works eligible for copyright. It must be stressed that since open court principle protects two main things, the court proceedings and court judgment, there can be an infringement with court proceedings and exhibits or documents tendered in court. Uses of Reporting Judicial Proceedings through the Media There are various uses of judicial reporting. Basically the reports can be used for public confidence in law, as a deterrent to future crime and news items. The press being a source of authoritative information for the populace will help in instilling public confidence with appropriate reporting of court proceedings. Court reporting will help the populace know that the law is there to protect the people and that anyone found guilty of breaking the law will face the full wrath of the law, thereby instilling confidence in the judiciary on the people. One of the reasons for punishing people who break the law is to deter other people from doing the same thing. The society needs the press to attend court cases and to report exactly what happens in court such as who is accused of what, what evidence is brought for the prosecution and for the defence, what the court's decision is, and so on. Society's confidence in the legal system depends upon people being informed about what is going on. That is part of the job of the press and it is a vital one and must be done responsibly. It cannot possibly do this unless people know what punishment is handed out to law-breakers thereby deterring others from committing such crime. Only if people believe that law-abiding
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THE LIGHTER SIDE/13
LEGAL HUMOUR 1. Custom Inspector: What have you to declare? Traveler: I declare I'm glad to get back home.
We Hold Your Brief JUDE IGBANOI jude.igbanoi@thisdaylive.com
Dear counsel, Please, I would appreciate your candid advice on this issue. Something happened in my house recently that really tore my heart apart. I overheard my children while playing in the backyard teasing my eldest son, calling him ‘Baba Ijebu’. I got really worried and my discreet investigation revealed that my eldest son who is just 16 and has just finished from secondary school stakes money on ‘Baba Ijebu’ gambling every week. My painful discovery is that the boy has been spending all his pocket money and allowances on this habit for the past one year. The saddest part of this discovery is that his friends who are of the same age are all involved in this habit and their parents may not be aware. These gambling machines are everywhere, but isn’t there a law regulating who can have access to them? Just like alcoholic drinks are restricted to those above 18 years of age. Please kindly throw more light on this matter. Elder L.E., Egbeda, Lagos.
Dear Elder L.E., It is very sad indeed that children are exposed to gambling and the mechanism which is supposed to control under-aged children having access to any form of gambling or lottery is ineffective. This is despite the fact that there are statutory provisions prohibiting children from engaging in these ‘vices.’ For instance, Section 34(1) (e) of the National Lottery Act, 2005 which regulates the lottery business in Nigeria provides that it is an offence to knowingly sell to any person under the age of eighteen years any ticket in any lottery operated by a licensee. The penalty for this as provided in Section (34) (2) is a fine of not less than N100,000 for any corporate body in breach of this law and in addition, each Director, Manager or Officer of the corporate body shall be liable to fine of not less than N20,000 or imprisonment of not less than one year or both. I would advise that you involve other parents to find out where these children are gambling and warn the operators about the consequences of their actions. Also be prepared to report such gambling outlets to the police should it continue.
2. Andrew: Do you believe in free speech? Friend: Why, of course! Andrew: Good! Mind if I use your telephone 3. A lawyer and a physician had a dispute over precedence. They referred it to Diogenes, who gave it in favour of the lawyer as follows: "Let the thief go first, and the executioner follow." 4. A man successfully broke into a bank's basement through a street-level window, cutting himself up pretty badly in the process. He then realised that (1) he could not get to the money from where he was, (2) he could not climb back out the window through which he had entered, and (3) he was bleeding pretty badly. So he located a phone and dialed "999" for help...
REPORTING COURT PROCEEDINGS BY THE MEDIA: THE USES AND ABUSES CONTINUED FROM PAGE 11 people are defended by the law, and law-breakers punished, will they be encouraged to live by the law. So the smooth running of society depends partly on people being informed about what happens in courts, which can effectively be achieved through the press. There is another very good reason why newspapers and broadcasting stations send reporters to court, as well as the social duty they perform. There are hundreds of very interesting news stories in court. Almost every case that comes before the courts is full of human drama. There are cases of murder, manslaughter, rape, assaults, theft, burglary. robbery, broken promises, land disputes and broken contracts. Every one of these, written the right way, can give an interesting news story at the same time as informing the public about the workings of the courts. The media plays a significant role in every society. It serves as a mirror for the society. A free press is the soul of a democracy. The media has been active in reporting judicial proceedings in Nigeria. However, this should not be abused. Abuses This may arise where for instance the press violates certain laws relating to the privacy of a court proceeding such as the revealing the identity of a child that is a party to a suit, or revealing the identity of witnesses in a crime involving treason or terrorism cases and in divorce cases. Furthermore, there are some types of hearing that may need the judge or magistrate to hear evidence which is intimate and may be indecent. For instance, a woman may seek a divorce on the grounds that her husband's sexual demands were cruel, and the judge will need to hear in some detail what those demands were, in order to decide whether they were cruel. Also, in a rape or sexual assault case, the evidence of a doctor who examined the victim after the assault may need to be heard. The press will not normally publish anything indecent in a court report, even if it was said in open court. If indecent evidence is given, you may report the fact that evidence was given, but not the details of that evidence.Failure to do this will amount to an abuse and the defence of absolute privilege will not absolve the reporter involved. It is true that the Constitution guarantees freedom of press but that right is not absolute. The media is enjoined to avoid the abuse of the right through tendencies like misleading headlines; sensationalism, prejudicial advertisements, facts reported too early without verification, twisting of facts, vilification of an individual, a court of law, institution and Government; interfering or tending to interfere with judicial proceeding by adopting the role of an investigator/doing the job of the prosecutor, counsel or witness, usurping the function of court of law in matters sub judice by publishing extra-judicial information on a pending trial, attacking the integrity of the judges. If the media fails to avoid these abuses, they will come under the scrutiny of the law of libel or slander or contempt of court.
Therefore the media must set its ideas fairly and be guided by true reporting, fair and constructive criticism and impartial purveying of news, else both the printer and the publisher will be held liable. Recommendations The role of the media is provided for in several instruments including the Nigerian Constitution. The press is a veritable tool for dissemination of government’s activities to the masses and image maker of the nation to the world. Therefore to ensure that court reporters in Nigeria become very professional in the delivery of their mandates, and avoid tortious liability, the following are recommended: (i) Ideally, the lawyers in the legal departments of the various press outfits should be the officers responsible for reporting of court proceedings because as lawyers, they understand the courtroom techniques and know the law. This will enable them focus on the appropriate part of the proceeding to be made available the public as not all court proceedings ought to be reported. (ii) For a non-lawyer who is a court reporter, it is recommended that such a reporter undergo at least a diploma course in law to at least be abreast with the Nigerian legal system and legal methods. This will enable him know who a defendant is, an accused, a suspect a plaintiff and even some Latin maxims used in court. (iii) There should be a permanent court reporter for any press outfit as court reporting is an art. This will ensure professionalism and make the press outfit sell credible news to her audience. (iv) There should be a court appointed officer who is in charge of the press so that all the necessary documents required by the press can be easily accessible especially when proceedings are private so that even if the press is not allowed in for any reason, there would be an authentic report from the court itself which the press can rely on to inform the general public of the progress of the case. (v) There should be proper training and retraining of court reporters on report and speech writing, editing and summarising skills so that they will be able to captivate their readers with the focal point of a matter before the court. (vi) There should be training of court reporters in Nigerian laws including the procedural laws so that a court reporter will understand how the law works and the procedures so that the reporter will not misinform the reader especially on court processes. (vii) A Code of Conduct for Law Court reporting should be developed to guide court reporters on reporting standards in order to meet international best practices and also prevent liability. (viii) Court reporters should generally undergo an internship program in the courts for at least three months watching cases and writing down proceedings of the court as this will help improve their reporting skills of court proceedings. Alternatively they can serve their internship under senior law reporters. (ix) Lawyers in the media should help educate fellow reporters by organising trainings and roundtables on reporting standards.
Conclusion The media is said to be the hallmark of every democracy. It is noteworthy that freedom of the press is constitutionally guaranteed but not absolute, unlimited and unfettered as giving an unlimited freedom of speech and press will amount to uncontrolled license. This is so because every institution is liable to be abused and every liberty if left unconcealed has the tendency to become a licence which will lead to disorder or mayhem. Against this backdrop, it is recommended that the media be properly regulated and media lawyers trained and engaged in the report of judicial proceedings which are usually very sensitive matters. There is the need to create a balance between press freedom and fair trials. Clearly, the media plays a vital role in building confidence in the administration of justice where it informs the general public about activities occurring within the justice system. The media also serves as a check on the excesses of a tyrannical government or a weak judicial system. In India for example, some famous criminals would have gone unpunished but for the intervention of the media. Trial by media if not adequately monitored can cause the general public to lose confidence in the administration of justice. Extremities in the use of press freedom and the insistence on the protection of the justice system can lead to an abuse of press freedom by the press to the detriment of the justice system or the curtailment of the rights of the press. There is the need for every jurisdiction to strike the appropriate balance. The right to freedom of expression is a derivation of the open court principle. Thus the onus rests on a person seeking to deny access to and publicity of court proceedings and court records to satisfy certain a test - that access can be curtailed only if necessary to prevent a serious risk to the proper administration of justice and only if the salutary effects of the restriction outweigh the harm caused to the rights and interests of the parties and the public. These interests include the right to free expression, the right to a fair public trial and the efficacy of the administration of justice. There is the need to maintain an effective evidentiary process; ensure a judiciary that behave fairly and that is sensitive to the values espoused by society; promote a shared sense that our courts operate with integrity and dispense justice; provide an on-going opportunity for the community to learn how the justice system operates and how the law being applied daily in the courts affects them. Court proceedings including the evidence and documents tendered should be open to the public. Similarly the judgments should be in the public domain or in published form. As Justice Brandeis unequivocally stated: “Sunshine is said to be one of the best disinfectants”. Professor Paul Obo Idornigie, SAN, PhD, FCIS, FCIArb (UK) is the Head of the Department of Commercial Law, Nigerian Institute of Advanced Legal Studies, Abuja.
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Nile is to Egypt what Oil was to Nigeria Michael O. Ogunjobi
T
o say that Nigeria’s coastal waters are replete with increasing armed robbery and piracy attacks is to state that hygienic water is meant to be colourless. Nigeria’s maritime industry in 2015 spent about $370m to combat piracy and provide security services, a report by Oceans beyond Piracy recently revealed. The amount is said to include costs spent by the Nigerian Maritime Administration and Safety Agency at $218m; and public-private partnership which operate security escorts at $7.29m, patrol vessels at $136.8m and secure zones at $8.2m. For two consecutive years, the International Maritime Bureau rated the Nigerian waters as the second most unsafe after Somalia, owing to the worsening maritime security problems in the country. The activities of the Niger Delta Avengers, the new militant group in the oil-rich region, have forced Royal Dutch Shell to evacuate most of its staff from its production facility, Eja OML 79. Niger Delta Avengers recently, blew up Chevron Valve Platform in Abiteye, Warri North Local Government Area of Delta State. The consequence of this is discouragement of investments in the nation. Of note, maritime transportation constitutes a very critical sector of the Nigerian economy, but has not been fully explored. Sadly, our fallen heroes can only watch the drama unfold, presumably knowing where the problem lies, bemoaning our helplessness. And for the living patriots, they cannot but sing the nursery rhyme- ‘Old Roger’. The living patriots can only hope the fallen heroes can possess same celestial powers as Old Roger and deny sleep to the child refusing the mother sleep to usher in new Eldorado season in our fatherland. The Nigerian territorial and coastal waters provide the routes for international trade traffic between Nigeria and the international community and Nigeria cabotage operations. Safety and security challenges in Nigerian waters have grown in recent times to an alarming proportion. It is apt to pontificate that concerns over safeguarding the marine environment can never be termed- ‘much ado about nothing!’ The environment is like the humaeges, its role as the light of the human body cannot be fully appreciated until when it is badly injured. The inability of the government to address the inadequacies of relevant security and regulatory agencies in the maritime sector has put the country under very serious economic and security threats. Sincerity of purpose is a sine qua non for sanctifying the Nigerian Marine system. The pathetic apathy of some unpatriotic elements reaping where they have not sown is to say the least condemnable. Water is a gift of nature to be enjoyed by all rational beings, irrespective of socio-political status and artificial geographical boundaries. This is a trite postulate as affirmed by anthropocentrists globally.
Oil pipeline
While oil and gas constitute the world’s most dominant source of energy, the bulk of international trade traffic is through maritime transportation. The greater proportion of international cargo traffic is done via shipping. It is no wonder therefore, that oil and gas and maritime transportation are special areas of interest for the impact of piracy and terrorism. Nigeria is a leading oil producer in the world. Succinctly, the Federal Government of Nigeria is keen to have increased private sector participation in the oil and gas industry. Immense opportunities abound in the entire business spectrum of oil and gas upstream and downstream sectors. Petroleum without doubt has been and is still the engine that drives the Nigerian economy since its discovery (in commercial quantity) in the late 50’s. It has been the number one revenue earner for the Nigerian foreign reserves, which due to our short sightedness has led to the jettisoning of other erstwhile major revenue earners like agricultural produce, cocoa, coal etc. The Euphemism – ‘crude oil is to the Nigerian economy as the Nile is to Egypt’, appropriately describes the importance of this non –renewable resource to our nation. Notwithstanding the aforestated benefits, the pain resulting there from has been excruciating and the dividends thereto in all honesty have not reached its optimal; as the pain seemingly outweighs whatever blessings it ought to have bestowed on this great nation. Grave corruption and acute fraud pervades the petroleum sector, militancy and youth restiveness particularly in the Niger Delta region, political instability, amongst others have caused grave harm to our God given endowment. Oil is slowly killing the areas that produce it. Recently, Minister of State for Petroleum, Mr. Ibe Kachikwu, announced the deregulation of the downstream sector of the petroleum industry, effectively ending fuel subsidy. So, due to mismanagement of our resources, Nigerians will import what we once massively exported.
#OccupyNigeria is trending again as was the case in January 2012 when the Goodluck Jonathan administration announced fuel subsidy removal. Casualties may be recorded again, while some unfortunate privileged minority will make a fortune from the misfortune of the majority. And it will be become an untold ‘Tale By Moonlight’. Recall that the first commercial discovery of oil was made in early 1956 in a location near Oloibiri village in Bayelsa state with production starting at 5100 barrels per day in 1958. Today, the law regulating maritime safety are largely obsolete and in need of major review. The Nigerian Maritime Administration and Safety Agency (NIMASA), formerly the National Maritime Authority (NMA) is responsible for regulations related to Nigerian shipping, maritime labour and coastal waters. The agency also undertakes inspections and provides search and rescue services. Of recent, so many sharp practices in NIMASA have been exposed, leading to the probe of the former management of the agency. It cannot be said that the oceans are free from abuse. Municipal sewage from our coastal cities is traditionally disposed into the ocean. Aside commercial exploitation of the oceans, there is also the need for the protection of life and property in the oceans and stewardship of the oceans and coastal resources, protection against pollution, enhancement of marine commerce, scientific and educational research etc. Three types of communities impacted by oil exploration and production activities, in order of proximity to operations, may readily be identified: producing, transit and terminal. Each of these groups claims equal rights to be catered for by the oil companies. It is apparent from the decisions and comments of several human rights organisations and commentators that human rights and environmental pollution are intricately linked and not mutually exclusive. The problems of acid rain and global warming
RECENT DEVELOPMENTS ON THE MISCONDUCT OF AN ARBITRATOR IN NIGERIA' CONTINUED FROM PAGE 15 institution, or other appointing authority (if any), have full knowledge of the conflict of interest; and all parties expressly agree that such a person may serve as arbitrator. Indeed this express waiver was not sought by the arbitrator. This decision is instructive and serves as notice to arbitrators, counsel and parties to ensure that necessary conflict checks are undertaken and disclosures made at the commencement and during the arbitral proceedings. In Africa, where the concept of “extended family” is based on kinship ties and the words “father”, “mother”, “brother” and “sister” are used very loosely, perhaps, it will be wise for an arbitrator to
disclose any such extended family relationship, which may reasonably suggest a conflict of interest or raise a justifiable doubt as to his impartiality or independence. I would like to end this article by referring to a quotation from the judgment, which in my view encapsulates an arbitrator’s duty of disclosure: “The duty of disclosure arises from the time a potential arbitrator is approached for a likely appointment and continues till the conclusion of the arbitration. This implies that an arbitrator is duty bound to disclose any relevant relationship or connection that arises during the pendency of the arbitration once
he is aware of it. Although principally, an arbitrator is to disclose facts within his personal knowledge, within the duty of disclosure, it is incumbent on an arbitrator to enquire from his firm, associates, employers as well as companies or institutions with which the arbitrator has any connection be it directly or indirectly, whether there is any or has been any relationship which ought to be disclosed. However, the limit of this enquiry is limited by the principles of reasonableness.” Mr. Adedapo Tunde-Olowu, FCTI, FCIArb is a Partner in the Dispute Resolution Group of AELEX and admitted to practise in England and Wales.
testify to the fact that pollution does not respect national boundaries. It has no terminal limits. International environmental law is therefore a matter of international concern requiring international cooperation. It is pertinent to note that virtually all the human rights guaranteed under relevant international or regional instruments, to which Nigeria is a party are usually adversely affected either directly or indirectly in the event of environmental pollution. In conclusion, there is no gainsaying that Nigeria needs a comprehensive and well -articulated maritime policy. An efficient maritime policy translates to efficient and cost effective marine operations. Happily, Nigerians are prayerful, hence our tale is quite distinct from that of Mr. Tortoise who would chide agnostic Mr. Monkey Pompous over not saying “Amen” to his prayers. No doubt, our present predicament is mostly man-made since we have been long excused from a devastating natural disaster. Patricia Cohen in a write-up titled- 'It’s a Tough Job Market for the Young Without College Degrees' published in The New York Times on May 10, 2016 explains the outlook for many university graduates in United States of America, noting that employers have been lining up since the fall to offer interviews and even boast of their companies’ benefits to lure fresh university graduates. More so, recruiters would even ask when their competitors were coming. However, only 10 percent of 17- to 24-year-olds in USA have a college or advanced degree, according to a new study by the Economic Policy Institute, although many more of them will eventually graduate. Of note, in Nigeria, university graduates now struggle to get jobs meant for secondary school leavers. Succinctly, to curb the excesses of these idle graduates turned 'devil's tools' due to unemployment situation in our fatherland, spirited moves must be made to revive the economy. The Inspector General of Police (IGP), Mr. Solomon Arase, recently expressed concern that of the over 843, 000 Nigerians that applied for the 10, 000 available slots for the Nigeria Police Force recruitment, 2016 , about 800, 000 applicants were suspected to be within the age of 30 and 34 years, above the stipulated age for eligible applicants. And the IGP was reported to have declared- that he never knew Nigerians would like the police to that extent. But truly, a beggar has no choice! Hence, I beg to differ by pontificating that the massive applications received is not due to love for the NPF, but rather absence of alternatives. There is no better time than now to rebuild Nigeria’s broken walls. Michael O. Ogunjobi writes from J & G Attorneys (the Chambers of Norrison Quakers SAN) in Lagos.
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T H I S D AY • TUESDAY, JUNE 14, 2016
BUSINESSWORLD
ENERGY
As Hydra-headed Attacks Cripple Oil Industry Nigeria’s daily oil production is down by about 600,000 barrels per day, no thanks to heinous activities of the new militant group, the Niger Delta Avengers. Chineme Okafor suggests that the government needs to adopt a resourceful approach to overcoming this challenge
Niger Delta militants There are indications that oil industry experts do not know the motives of Niger Delta Avengers (NDA), a new militant group that indulges in heinous act of bombing oil installations in the oil rich region. Since February 15, when the NDA attacked a sub-sea export pipeline, thus leading to deferral of all March oil export cargoes, attack on oil and gas facilities in the area has become an almost daily occurrence, resulting in about 600,000bpd of oil production curbs. The NDA from its website and frequent Twitter feeds has made various demands from the government. Some of these demands appear almost impossible, while others can be considered feasible. For instance, the group has demanded that a bigger share of the Niger Delta’s oil wealth be ceded to the region and its environment be remediated from decades of rampant oil and gas pollution. While these may be considered as reasonable demands, the group’s demand that government should release persons held for various crimes against the state is viewed as inconsiderate by many Nigerians. As it stands, the efficiency of the group in carrying out its operations has remained almost faultless. While the government in perhaps an ill-advised strategy, appears to have waved off their capacity, the huge outages in oil production are early signals the government should take seriously. From 2.2 million barrels per day (mbpd) production to roughly 1.6mbpd, oil volumes available to Nigeria to sell have significantly dropped after spate of attacks on oil installations in the region. Indeed, this development means that the country risked a potential economic crisis, which is further propelled by a rout in global oil prices. In its initial response to this, the government vowed to rein in the NDA. President Muhammadu Buhari was reported to have said that his government would not tolerate the actions of the militants and “would treat them as terrorists”. His declarations instead of improving the situation have in fact intensified the relentless bombing of the country’s oil infrastructure and
slashing of crude output by NDA. Experts who are familiar with such development however said that Buhari would need to consider another strategy to tackle the monstrous act because he lacked the military capacity and institutions to take on the threat head-on. They also specified that military action against the situation could make the situation worse. However, the country has deployed military troops to the Delta, and has also unveiled plans to dialogue with the group. “It’s not like an insurgency in the classic sense,” said a former US foreign service officer, Gerald McLoughlin to the CNBC. “If they find these guys and hunt them down and shoot them, there will be another group the next day,” added McLoughlin in a CNBC report. McLoughlin’s thoughts were also re-echoed by John Campbell, a former U.S. ambassador to Nigeria who appears to have an extensive experience working in the country. Campbell reportedly told the CNBC: “I think it would be very difficult to tackle this issue using essentially police methods. The Delta doesn’t lend itself to military or police action, and in fact, it failed the last time there was
If they find these guys and hunt them down and shoot them, there will be another group the next day
an insurrection there.” Military option Shortly after announcing its deployment of military might to the region, which by the way was reportedly adjudged a complete let-down as regards strategic planning, the government in a volte-face announced last week that it has set up a team to negotiate with militants. “The president has appointed a team led by the National Security Adviser (NSA) and I serve in one of those, to begin the process of a very intensive dialogue with those caught in the middle of this. I am sure that in the ensuing one week the intensity of that dialogue will wrap up,” said Minister of State for Petroleum Resources, Dr. Ibe Kachikwu in his disclosure of government’s intentions to dialogue. His admission of government’s willingness to go to the negotiating table was however not welcomed by the NDA who immediately responded in a Tweet saying: “We’re not negotiating with any committee. If the federal government is discussing with any group they’re doing that on their own.” Kachikwu had stated that the team to dialogue with the militants would be coordinated by the Office of the National Security Adviser (ONSA), and would also include the Minister of Niger Delta Affairs, Usani Uguru; and select thoughts leaders; kings and influential individuals from the Niger Delta. He explained that the government will take its time to engage the militants to halt their activities, and that, “the NSA is going to be working with the various arms of the armed forces to descale the intensity of military intervention in the area within a week or two so that dialogue can take place.” “We are making contacts with everybody who is involved, the ones that we can identify, through them, the ones that we can’t identify so that there is a lot more inclusiveness in this dialogue. “Our prayer is that this works
so that we resort to dialogue rather than use of force,” he added. The minister stated that the government was looking at an integrated platform that involves representatives of the various communities who are respected and have had experience in such negotiation. But experts said the new move will not be as easy as it sounds on paper. Campbell had told CNBC that the military has lost its professionalism with reported abuses and misconducts in the fight against Boko Haram up north, and so may have very little support among residents of the very difficult creeks in the Delta. He also said their presence could make matters worse, more so for the government’s negotiation. Campbell also suggested that Buhari should conceivably complement his government’s new strategy against the development with new measures to win the hearts of the region’s residents by either embarking on public works projects that would keep restive youths of the region employed and the society open for economic development. Similarly, Manji Cheto, who is a senior vice president at advisory firm Teneo Intelligence, told CNBC that the government can as well push more economic development to the Delta by refocusing the activities of its agencies like the Niger Delta Development Commission (NDDC) and the region’s ministry. She said the NDDC has largely done very little with its mandate, adding that it has no cohesive blueprint for development, while much of the fund it gets falls into a ‘black hole’. “Quite clearly they didn’t see this as a priority. Now, with pipelines being attacked every week, it has to become a priority,” she said. From their views, the experts said it would require a comprehensive strategy from the government to eventually fight off oil militancy in the Niger Delta, and also break through a system that makes the people of the region to be doubtful of the effectiveness of the negotiation between government and local leaders in bringing the required goodwill to end militancy in the region.
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T H I S D AY • TUESDAY, JUNE 14, 2016
BUSINESSWORLD
ENERGY
Making the Refineries Work Having failed to run the refineries optimally for eight years after it cancelled their sale to private investors, Ejiofor Alike suggests that the federal government should implement the business model canvassed by the Minister of State for Petroleum, Dr. Ibe Kachikwu to engage the private sector in the operation of the plants
Kachikwu For the recent laudable decision of the federal government to partially deregulate the price of petrol to impact positively on the masses, the country has to boost its local refining capacity to ensure less reliance on importation. With the strong political leadership of President Muhammadu Buhari, the Minister of State for Petroleum, Dr. Ibe Kachikwu recently took a bold step and ushered in a regime of partial deregulation in the downstream sector of the Nigeria’s oil and gas industry. Apart from the trillions of naira spent over the years in the payment of subsidy and its attendant corruption, perennial crisis in the downstream sector occasioned by government’s interference in the market through the management of subsidy regime fueled the need for deregulation. The new pricing regime will no doubt resolve the recurrent fuel scarcity crisis by ensuring availability of products as marketers will now import product to their full capacity without government’s restriction in the form of import approval. It will also reduce hoarding, smuggling and diversion substantially and stabilise price at the actual product price. The new regime will also ensure market stability and improves fuel supply situation through private sector participation Most importantly, it will create labour market stability, potentially creating new jobs through new investments in private refineries and retails and at the same time prevent potential loss of jobs in existing investments, which were threatened in recent years. However, without effective local refining capacity, Nigerians may not enjoy the full benefits of the recent price adjustment. Over the years, private investors, who were licensed to build private refineries refused to demonstrate serious commitment due to the regulation of product price by the government. The four government-owned refineries in Port Harcourt, Warri and Kaduna have remained moribund over the years due to poor management, inadequate Turn Around Maintenance (TAM) and shortage of feedstock to sustain the operations of the plants. The failure of the federal government to carry out effective TAM due to the high level of corruption in the system and the disruption of crude oil supply to the plants by acts of vandalism led to endless excuses on why the refineries have not been working. Botched privatisation NNPC’s inability to successfully run the plants had prompted the sale of the Kaduna and Port Harcourt refineries by the administration of
A section of Kaduna Refinery President Olusegun Obasanjo, but the transaction was cancelled by the late President Umaru Musa Yar’Adua in July 2007. Bluestar Oil Services Consortium, owned by foremost industrialist and now Africa’s richest man, Alhaji Aliko Dangote and multi-billionaire businessman, Mr. Femi Otedola, had staked N92.3 billion (then about $721 million) to get the nod of the Bureau of Public Enterprises (BPE) to take over the refineries. Bluestar acquired 51 per cent in Port Harcourt Refinery for N71.8 billion ($561 million) and Kaduna Refining and Petrochemicals at N20.5 billion ($160 million). Dangote Group of Companies and Zenon Petroleum, owned by Otedola formed the consortium, with the Rivers State Government having the minority stake in Bluestar. However, the administration of the late President Yar’Adua cancelled the sale, following sustained pressure from oil workers and other interest groups. Though the administration of former President Goodluck Jonathan had planned to initiate the privatisation of these refineries, opposition by the organised labour forced the administration to shelve the plan, especially as the 2015 general elections were already around the corner when the government mulled the plan. Since the botched sale of the refineries in 2007, there has been no improvement in the operations of the facilities, despite the multi-billion Naira that was drained in the maintenance of the plants. Despite the claim by successive management of the NNPC that the corporation has a pool of competent workforce to turn around the refineries, the performance of the plants has remained abysmal. So, the involvement of the private sector by way of outright sale or management should have been the best option, given the abysmal failure of government to manage business. The cancellation of the privatisation of the refineries was an ill-advised decision that only succeeded in weakening the country’s local refining capacity and increasing her dependence on imports. Speaking recently on “Nigeria’s Electricity Challenge: A roadmap for change,” at a public lecture in Lagos, the Minister of Power, Works and Housing, Mr. Babatunde Fashola acknowledged the role of the privatisation if managed successfully, stressing that he did not cancel the privatisation of the power sector because the cancellation of the privatisation of the refineries eight years ago did not solve the problems of the country’s refineries. “I could also have started by announcing or
recommending that the privatisation process should be cancelled. I know first that cancellation of contracts is not a good signal to send to investors; even if it grabs the headlines it will be for the wrong reasons. History also tells us that we have revoked, cancelled or reversed previous privatisation initiatives with refineries before and we still haven’t overcome the problem,” Fashola had explained. From Fashola’s submission and the poor performance of the refineries since the past eight years, it was evident that the cancellation of the privatisation of the refineries was not a good business decision but a political decision to pander to the entrenched interest that insist that Nigerians must cling on emotionally to government-ownership of the refineries, despite their abysmal performance under governmentownership. Due to his private sector background, Kachikwu had proposed sound business models to tackle the numerous challenges facing the country’s oil and gas industry and the involvement of the private sector in the running of the refineries was one of such proposals. But the strong opposition to the implementation of his reform as well as his proposals for the refineries by entrenched interest has continued to hamper the progress of the industry. Apart from long years of absence of comprehensive TAM as a result of massive corruption, the refineries’ woes were aggravated by the militant attacks on the pipelines supplying crude oil to the plants. In some cases, the past government deliberately denied the refineries adequate feedstocks in favour of the Offshore Processing Arrangements (OPAs) and SWAP agreements with local and foreign oil traders. The refineries have become one of the biggest casualties of vandalism of crude oil pipelines in the country in recent years. Need for private sector intervention Since the past eight years, the federal government, through the NNPC has failed to successfully manage the refineries. The refineries have been a drain pipe for more than a decade, despite the claim by the NNPC workers that they can run the plants optimally. Speaking during the re-commissioning of the 46-kilometre Escravos-Warri pipeline after the repairs in April, Kachikwu, had said that the refineries would work at 90 per cent capacity after their upgrade with $700 million. “When the upgrade and repairs, led by the foreign investors, with our joint team, are
concluded, our capacity will move from about 50 per cent to about 90 per cent, resulting in movement from 12 million litres to slightly in excess of 20 million litres production per day. The co-located refineries that we have also advertised, which will be private sector-led, by the time they are attained in about two years, there will be excess of 750,000 barrels refined petroleum production capacity per day. Our hope is that by 2018, fuel importation will be reduced by at least 60 per cent, because of the upgrade that would have taken place. By 2019, when the co-located refineries are in place, we will actually be exiting importation and begin to export refined petroleum products. That is the strategic way. That is what we are working on,” he had explained. It was unfortunate that barely one month after the refineries started receiving crude oil via the pipelines, the new militant group in the Niger Delta, which identified itself as the Niger Delta Avengers bombed the pipeline and cut off crude supply to Warri and Kaduna refineries. For the refineries to operate efficiently, the government should hands off the running of the plant and implement Kachikwu’s proposal to involve the private sector. The organised labour and other interest groups, who insist that the country should cling on emotionally to these assets, should understand that their position is not in the best interest of Nigerians. With the recent adjustment in the price of petrol, the country must boost its local refining capacity to ensure that the price does not spiral out of control. For the price of petrol to crash, the private sector must build new refineries and rehabilitate government-owned ones, which are wasting. The perceived emotional attachment of the labour and the National Assembly to some wasting national assets will not lead the country to anywhere. Recently, the House of Representatives Committee on Privatisation chaired by Hon. Ahmed Yerima (Bauchi APC) had accused the NNPC of restated its opposition to this sound business model of involving the private sector in the management of the refineries and directed the NNPC to suspend the proposed outsourcing of the refineries. This traditional conservative position of the House and the labour unions will only lead the country to maintain the status quo in terms of weak local refining capacity, which could lead to high cost of petrol in future, especially during a period high price regime of crude oil.
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T H I S D AY • TUESDAY, JUNE 14, 2016
BUSINESSWORLD
INDUSTRY
Nigeria’s Food Security under Attack Crusoe Osagie chronicles some of the major challenges threatening the nation’s food security
Tomatoes It has been a pleasant irony of sorts that for several decades, even though around 70 per cent Nigerians have lived in harrowing poverty, they somehow managed to put food in their stomachs and staved off starvation. Although the quality of food with which these over 100 million people feed themselves can at best be described as poor, at least it keeps hunger pangs at bay, and postpones demise due to the lack of food to another day. The Country Head of Harvest Plus, Dr. Paul Ilona, said his organisation has battled for the last few years to ensure that food items such as cassava, from which Nigerians make garri, is able to deliver other nutrients like vitamin A to its consumers. From the activities of Paul Ilona, Harvest Plus, its researchers and donors, the concept of hidden hunger has been given popularity and is being tackled with the ultimate objective of ensuring that from just a plate of garri soaked in water and consumed, a child can access some vital nutrients required to stay healthy. Apart from hidden hunger, which the nation suffers, the largest African nation has for a long time been seen as a country with some level of security in terms of food. Initially, the food security came at the huge cost of food importation, but later this importation cost began to drop as a result of the considerable success of agricultural programmes implemented by the former President Goodluck Jonathan administration and sustained by the current administration. Nigeria recorded a decline in its food import bill from a total of N1.4 trillion (about $7 billion) in 2009 to N717 billion (about $4.35 billion) as at December 2013, representing a decline of $265 billion (N429bn). As at today, the nation’s food security rests on the combined supply of imported food and locally produced food, therefore making recent developments in the economy
disturbing and suggesting severe threat to food availability. Decline in Forex Earning Since a significant proportion of the food consumed in the country still comes from importation, then the current decline in the foreign exchange earning of the country poses a direct threat to the nation’s food security.
With all these problems clearly defined, the government needs to take concrete action beyond just holding press conferences and making political statements. These problems are real problems and they their effect will be felt more severely in the near future
With the price of a barrel of crude now around $50 from over $100 over a year ago and crude oil production in the country now down by 800,000 barrels of crude oil per day, from 2.1 million barrels to1.3 million barrels per day due to militancy in the Niger Delta, one requires no proficiency in mathematics to deduce that a sharp fall in the nation’s forex earnings has occurred. This therefore means that the dollar will become even more scarce in the country and it will become more difficult to raise enough forex to import food and other essential items. Tomato Ravaged Apart from the local food supply, various commodities are taking a major bashing. The federal government recently disclosed that the pest, Tuta absoluta, which is responsible for the massive destruction of tomato in farmlands, had invaded six states in Nigeria. The government also revealed that Nigeria spent about N80bn ($400m) annually importing tomato paste, adding that many of the imported products were substandard. The Minister of Agriculture and Rural Development, Mr. Audu Ogbeh, said the affected states included Jigawa, Kano, Katsina, Kaduna, Plateau and Lagos. He noted: “The pest can also attack even pepper and Irish potato. So, we are confronting something quite serious which, if not dealt with, will create serious problems for food security in our country.” He stated that the experts had, however, offered some varieties of tomato that grow well in the western part of the country as alternatives. Maize under Attack As the country grapples with the tomato disease, the federal government has also alerted the country of out-break of a crisis in
maize caused by a pest called ‘Army Worm.’ Ogbeh who expressed worry over the issue, said the government was making concerted efforts to tackle the various out-breaks of diseases in the agricultural sector. According to him, incidents of attack by army worm has been established in Edo and some South-West states. He, however, said the ministry was working closely with scientists at the International Institute of Tropical Agriculture, IITA, to ensure quick containment of the disease. The Minister said agricultural experts had been mobilised and were already combing the affected farms to contain the spread of the diseases. Farmers and Herders Another major crisis, which has taken its toll on food security in the country is the endless war between farmers and herders. In search of grazing land, cattle herders from the Northern part of the country have migrated in large numbers to the more central parts of the country, consuming green plants irrespective of whether they are crops or weed. Trying to put up a resistance to protect their crops from the ravaging cattle and their herders, physical conflicts have resulted between the two groups with the herders who seemed to be armed with dangerous weapons such as automatic guns have chased the farmers from their homes and farms, further worsening the food crisis in the country. With all these problems clearly defined, the government needs to take concrete action beyond just holding press conferences and making political statements. These problems are real problems and they their effect will be felt more severely in the near future. Concrete steps are therefore required to prevent Nigeria from taking a position in the infamous list of nations facing hunger and starvation.
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T H I S D AY • TUESDAY, JUNE 14, 2016
PROPERTY & ENVIRONMENT Sonuga: It is Possible to Replicate Standards in Europe, America, Dubai in Nigerian Homes Developers of homes in the country can use a common standard as done in Europe, America, Dubai and in other developed countries. In fact, the promoter of Haven Homes in Lagos already has some set pieces that adapted such standards, reports Bennett Oghifo
A set of Haven Homes in Lekki, Lagos
T
he national building code, still in the National Assembly is expected to solve most of the nation’s building problems, particularly those of poor standards. Interestingly, a few housing developers spare no expense to deliver livable homes that are believed to be affordable by discerning buyers. One of such promoters of choice property is the Managing Director of Haven Homes, Tayo Sonuga, whose foray into building of signature homes began 10 years ago. In the beginning… In 2006, exactly 10 years ago, Haven Homes entered the Lagos property market with a bang. They delivered their first housing units in Magodo GRA in Lagos with a huge acclaim from the then Commissioner for Housing in Lagos State, Hon Bamidele Onabokun, during the commissioning of their flagship development in Magodo GRA. In 2009, they were described as the most romantic homes in Lagos, in 2010, they got the elevated appellation of the best designed homes in Lagos by top real estate publications across the country. In 2014, they got the prestigious award for the Most Affordable Development of the year, the same was awarded to them again in 2015. Now, in 2016, the more improved versions of these homes are currently being referred to as the most functional and readily affordable luxury homes in Lagos. But how has Haven Homes been able to achieve the enviable fit of constantly delivering quality affordable luxury homes to Nigerians despite reservations from pundits about the firm’s capacity to maintain the standard it started with in 2006?
The plan… What the company did was measured and deliberate. Sonuga said, “The mission was clear from the onset. We wanted to make a statement. We wanted to change the trend. We knew it was possible to replicate the standards in Europe, America, Dubai and other developed parts of the world here in Nigeria. That is what we have been doing effectively and consistently in the most affordable way for about a decade now. It is our passion and it will surely continue to get better.” Going back to the firm’s developments in Magodo GRA Phase 2 on the Mainland, Sonuga explained that the company’s vision of luxury homes delivery was put into reality through a unique partnership with award-winning architecture firm, PLAYINARCHITECTURE. “With the partnership, we were able to develop never seen before luxury homes in Nigeria. The homes looked crafted, something like sculptures. The precision by which we delivered the homes could be seen from their sharp wall angles. We were able to create a unique balance between brick and glass. The window areas in the homes were phenomenal and they threw in sufficient light inside the building from all directions. Even with the abundant light and ventilation, we were still able to creatively maintain privacy and security of the residents,” Sonuga explained. He added that after the resounding success with the 2008 and 2009 models, there was then the need to make the 2010 models better and even more attractive. “This we did by ensuring they came with brighter colours and aesthetics. With the colourful exteriors, the 2010 models were patterned after the way a lady prepares herself for a gorgeous occasion; puts on her clothes and then apply her make-up
(lipstick and eye-shadow in the right places). Though simple, the 2010 were embellished with a romantic feel with technical architectural work that easily meets the eye. Once you step into the house, you are greeted by an expanse of double volume and triple volume spaces which are interconnected faultlessly just as if you are in a shopping mall. The living rooms were elevated with pebble tiles to celebrate the entry. Its unique features included a home office, lounge passage, indoor garden overlooking an atrium with a fountain, a family recreation area comprising of a gym, mini bar, games area and a terrace wrapping round the whole house with a palm garden overlooking a natural gorge.” Haven Homes became truly the first commercial developer of real contemporary homes in Nigeria. Prior to this, real contemporary homes had remained the domain of the rich and famous, who could afford to very expensive architects to design and employed expatriates to build their mansions. Haven Homes changed this concept by introducing the first truly contemporary architecture at the most affordable prices into the Nigerian market. The success of these designs was trailed by massive attempt by other developers to copy and implement various versions of the original designs by Haven Homes. Sonuga explained that Haven Homes kept improving on its home designs; yearin year-out, despite the widespread copying from other real estate developers. The 2016 Models were conceptualized by another award winning architects, LEDYVINE, owned and managed by the internationally renowned interior architect, Mrs. Toyin Yeriforunder the umbrella of what is generally known as CURVE ARCHITECTURE.
The2016 model presents a unique variance from the sensational 2016 models, and comes with further improvements that may be extremely difficult to copy. According to the Haven Homes Boss, the 2016 models come with special elements. “The 2016home designs externally are curvier and wavier, which are adaptations of the homes to the movement of the sea. The choice of colors for the homes is now more subtle and tranquil. This is to adapt to the natural environment around the estate which is dominantly beach-white. Internally, we have chosen the spectacular elliptical staircase design that depicts elegance and also displays grandeur. We have also celebrated walls with niches which can be highlighted with various colours to display flowers or works of art. Our lightings have also improved significantly and we have introduced a new lighting concept known as star-lights,” he added. On how Haven Homes has been able to continually improve on its standard despite the economic hardship of the country that has seen many other real estate developers cutting corners on quality, Sonuga says the Haven Homes idea of home delivery goes beyond profit making. “It is a passion that comes with extreme responsibility to our clients. We didn’t get the attention of several expatriate workers of Chevron, Julius Berger and other multinational companies or those of top entertainment acts like 2Face Idibia and AY the comedian by chance. We have gone this far by grace of God, hard-work and sincerity of purpose. “The 2017 models will soon be released to the public for subscription and as usual, the public can expect them to be better than what we have been doing and have done in 2016,” Sonuga said.
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PROPERTY & ENVIRONMENT
NBRRI to Research Use of IG Commissions 100 Housing Units for Police in CementforRoadConstruction Umuahia
Dele Ogbodo in Abuja
With only 28,980km out of the 193,200km total length of roads paved, the federal government has directed the Nigerian Building and Road Research Institute (NBRRI), an agency under the Ministry of Science and Technology, to commence research immediately on the use of cement for the construction of Nigerian roads. The Minister of Science and Technology, Dr. Ogbonnaya Onu, who spoke at NBRRI 2016 annual conference in Abuja, said NBRRI will play an important role in ensuring the deployment of appropriate research efforts to strengthen the building and maintenance of roads and the relevant infrastructure that will meet the country’s peculiar demands and needs. On the role of science, technology and innovation in the construction industry, he said: “NBRRI will effectively utilize its mandate of locally available raw materials resulting in diversifying Nigeria’s economy which will further assist in job creation, indigenous capacity building and poverty reduction.” The minister said he was happy that the NBRRI is working to create the suitable curriculum to help the country produce the necessary technical skills needed to finish buildings to the highest level of excellence. He added that NBRRI in the past made useful investigations on the causes of building collapse either during construction
in many cities and towns. Onu, however bemoaned the reliance on foreigners in the construction industry, adding: “It is rather unfortunate that for over 55 years as an independent country. “We have not sufficiently built indigenous capacity to enable us rehabilitate existing infrastructure and also to build major roads, railways, ports, power stations, refineries and many infrastructural projects. “We have rather relied more on foreigners, such that when we built our own federal capital city, Abuja, we did so with the aim of only having befitting a capital without utilizing the opportunity to also build our indigenous capacity.” According to him, this unfortunate state of affairs has limited the capacity of competent indigenous entrepreneurs from competing with their counterparts from other parts of the world. In a remark, the Director General of NBRRI, Prof Danladi Slim Matawal, said the construction industry in the country contributes as low as six percent to the GDP, unlike its counterparts in developed nations which contributes over 22 percent. He said: “However, this could be said to be complemented by the relatively higher employment of 20 percent from the over 170 million people. This is attributable to some factors as well as the high dependency of the economy on the oil sector.”
The Inspector General of Police, Solomon Arase has inaugurated an estate of 100 housing units developed for the Nigerian Police Force in Umuahia, Abia State. Also present at the event, which took place recently were high profile personalities like the Deputy of Governor of Abia State, Sir Ude Oko Chukwu, who represented the Governor of Abia State; the Royal Fathers, Traditional Rulers; Assistant Inspector Generals of Police; Commissioners of Police, Engr Emmanuel Mbaka, MD/CEO Platinum Mortgage Bank; and other distinguished guests. Inaugurating the ‘Sir Mike Okiro Housing Estate’, the Inspector General of Police, Solomon Arase said, “The estate is one of his strategic plans as the inspector general of police.” He further stated that the
estate, which was promoted by the Nigerian Police Force Corporative Society, comprises 100 housing units of two bedroom flats for officers and members of the Nigerian Police Force. He said similar projects have been done prior to the Umuahia estate, “Prior to this, similar projects have been completed and handed over to inspector and rank and file cadre in Katsina, Adamawa and FCT. This project was made possible through the engagement of direct labour, using our assets in logistics and supply department to construct such houses. In addition, the Force has also been partnering with some private developers. The 1004 housing units in Dutsen Town, FCT, is being built by the MPL Property Development Company in collaboration with Shelter Afrique, UN Habitat,
and just recently Brick City Housing Project in Kubwa was also commissioned under Public Private Partnership (PPP) Initiative.” He further explained that the 100 housing-unit estate was named after the Chairman, Police Service Commission, IGP Sir Okiro, (Rtd) in recognition of his contribution to the Nigerian Police Force, Saying that “under his tenure as the Inspector General of Police, the force was able to reclaim its lost glory. “He recruited and ensured quality training of officers as well as advanced the welfare of officers and men of the force. As the chairman of Police Service Commission, he continues to fight for the interest of the police personnel while that discipline and integrity remain one of the bedrocks of the force. He has also distinguished himself as
a very sound public relations guru and very sociable officer and he remains a reference point in police leadership till today.” IGP Arase reiterated that the naming of the estate was in appreciation of Sir Okiro’s outstanding qualities and also appreciated President, Mohammadu Buhari for being “an invaluable motivator to the force leadership in the drive to reforming and addressing the endemic challenges in the Nigerian Police, which have been militating over their performance over the years.” He concluded by commending the developer, Engr Emmanuel Mbaka for keeping to the agreement and for delivering quality houses to the Nigerian Police. He also thanked him for the provision of well-furnished Police Station in the estate.
Lagos Water Corporation Plans to Free Lagos of Water Crises Fadekemi Ajakaiye No responsive and responsible Government will ignore an issue as important as water without a proactive plan to proffer solutions to the challenges, the Group Managing Director, Lagos Water Corporation, Muminu Badmus has said. Badmus stated this in a press conference held recently, saying that the increasing population in an urbanised state like Lagos automatically has an increase in the demand for water. He said the current situation of unstable water supply in the state has become a source of worry and that the state has put in place all the needed facilities to ensure free flow of safe and potable water in the state. Badmus stated that the erratic power supply from the national grid and the Independent Power Plant (IPP) has continued to interrupt water production and supply. The current vandalism of gas pipelines in the Niger Delta Region of the country, he said has adversely affected water production at the various water facilities across the state. “This is not too pleasant, but we are not relenting in our renewed efforts to ensure that water runs in every home in the state, our commitment,” he said. He stated that the good news was that the Water Corporation
has reconnected some of the waterworks to Ikeja Electricity Distribution Company (IKEDC) and some to generators even though the cost of diesel was huge, adding that with this arrangement, water production has resumed and was getting stable. He appealed to the residents of Lagos to be patient as the Water Corporation was working assiduously to ensure water supply in every part of Lagos, adding that those that have not received water now would surely get water supply soon. The state has just commissioned Mosan Okunola Mini Waterworks of two million gallons per day and Otta Ikosi Regional Waterworks of four million gallons per day to complement the production capacity of existing water facilities, he said. Badmus stated that the Lagos Water Corporation has completed arrangement with investors to implement commercial water distribution kiosk projects as a pilot scheme to install, manage and generate revenue from the venture using prepaid meters. According to him, the pilot scheme of the project is expected to commence from Otta-Ikosi community of Lagos State and would be extended to other rural communities where Lagos Water Corporation has limited reticulation.
L-R: Deputy Governor, Abia State, Sir Ude Oko Chukwu; Inspector General of Police, Solomon Arase; and Chief Executive Officer, Platinum Mortgage Bank, Mr. Emmanuel Mbaka, at the commissioning ceremony of Sir Mike Mbama Okiro Nigeria Police Housing Estate, Umuahia developed by Platinum Mortgage Bank… recently
‘Rise in rental defaults: As Disposable Income Depletes’ A high rate of rental defaults has been recorded in recent times, operators in the real estate sector have said. The said this would not be unconnected with inflation rate now at about 13 per cent and the overall hike in fuel price and its attendant high cost of goods and loss of jobs including disposable income. The Nigerian Institution of Estate Surveyors & Valuers (NIESV), Lagos branch have also decried the state of the economy and what they called geometric progression in expenditure by the citenzry compared to their take home resulting in several cases of rental defaults and litigation. In a media chat to mark the institutions week in Lagos, the Vice Chairman, NIESV Lagos Branch, Mr. Orimalade Olurogba said 80 per cent of all properties under his care
had defaulting tenants who were previously meeting their obligations. He noted that some sectors, including oil and gas that were hitherto known to offer job security had been the worst hit lately. He said: “What is most worrisome about it is that the sectors, which were termed to be secure, such as the oil and gas industry, are now the jobs that are most insecure. A lot of people are being retrenched; the high end or the upper middle class people working in oil companies and who live Victoria Garden City and Lekki Phase 1 and other areas whose rentals are up to N4million and above are struggling. Some are even moving to cheaper accommodation. The ‘ideal and choice tenants’ that most landlords look forward to occupying their properties are currently defaulting because
of the uncertainties in the economy”. He noted that the state of the economy is affecting their legitimate streams of income and urged for urgent action by the government. On quackery, Olurogba revealed that the institution has established a body to regulate the practice of agency by training middle cadre professionals on the rudiments of the profession and ethics to bring them up to speed to maintain professionalism. He said they took that line of action to protect the practice of the profession and the public from being duped. Also a past Secretary of the institution, Dotun Bamigbola, collaborating Olurogba position said the institution has imputed standardisation in her practice by training the middle cadre professionals under the umbrella body of
Association of Estate Agents of Nigeria in title documentation, agency transaction amongst others. The Publicity Secretary Mr. Moses Emele, in his contribution noted that mass housing remains the only viable way to address the challenges of inadequate shelter. He encouraged both the Federal and State governments to provide an enabling environment for the private sector by facilitating easier access to land. He said: “Government alone cannot provide everything but we expect them to provide an enabling environment for professionalism to thrive. We appeal to them to them to unbottle the bottle necks on land acquisition, embark on sight and service schemes and generally make land cheaper for the private sector to thrive”.
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NEWSXTRA
Dan-Ali: Retired Officers Were Partisan, Professionally Corrupt Army makes clarification on the number, reasons for retirement of officers
Senator Iroegbu in Abuja Meanwhile, the Minister of Defence, Brig-Gen. Muhammad Mansur Dan-Ali (rtd), has said the 38 officers compulsorily retired from service were partisan, financially and professionally corrupt. Dan-Ali made this remarks yesterday while fielding questions from journalists shortly after delivering a lecture titled: ‘Defence Management: the Nigerian Experience’ at the National Defence College (NDC),
Abuja.’ He said the purge is part of an ongoing reform in the Armed Forces of Nigeria rather than a witch-hunt, as he urged Nigerians not to be deceived by what he described as “the false information making the round about the retirement of the officers, stressing that: “No innocent officer was retired unjustly.” The minister disclosed that the concerned officers were retired after due process, painstaking review and assessment of their
N450m Campaign Fund: Again, EFCC Quizzes Chime, Two PDP Chieftains
conducts in the various tasks assigned to them at a particular time. According to him, the affected officers were indicted for offences ranging from partisanship, professional misconduct to financial corruption. The minister said: “What we did was to make sure that all those who were indicted in one way or the other for both professional corruption and monetary corruption had the opportunity to defend themselves. “What I mean by professional corruption is the soldiers’ involvement in partisan politics, if you are partisan and professionally corrupt, you will be asked to go, that was exactly what happened.” Speaking further, Dan-Ali said
the retired officers were given fair hearing and opportunity to clear their names at the panel of inquiry. “Of course they were given fair hearing, they were called by a board and they went and testified. Don’t forget that in the military, there is no half way of doing things, the moment you are found wanting, you have to succumb and you will go,’’ he said. He disclosed that plans were underway to adopt and implement a reform policy that would reduce the country’s dependence on the military for duties that could be performed by the civil police. The minister further disclosed that the Ministries of Defence and Interior were collaborating to ensure that the police and other paramilitary organisations were
empowered to contain many of the country’s security challenges. The minister said the planned defence reform would entrench professionalism and discipline in the armed forces. During his lecture, Dan-Ali advocated for the integration of the Defence Headquarters (DHQ) and the Ministry of Defence (MOD) in order to deliver a more efficient management of the Nigeria defence. He said the proposed integration should be implemented under the ongoing reform of the Nigeria’s defence sector, and blamed the previous challenges experienced in the sector on what he termed “the defective structure of the nation, defence sector.” The minister said the present structure as constituted was not
effective and fell short of the expectations of many Nigerians as far as the national defence was concerned. The minister noted that an integrated Ministry of Defence would strengthen civil– military relations and civil-military cooperation, promote trust, partnership and good relations between civilians and the military counterparts. He said the poor involvement of civil society actors in defence sector activities and programmes had also worsened the situation of Nigeria’s defence institutions. Meanwhile, the army yesterday made clarifications in the compulsory retirement of some senior officers recently disengaged from service by the council.
Says freezing of suspects bank accounts backed by law Senator Iroegbu in Abuja and Christopher Isiguzo in Enugu For the second time in a week, the former Governor of Enugu State, Sullivan Chime, yesterday kept an appointment with the Economic and Financial Crimes Commission (EFCC) in continuation of the ongoing investigations into the $115million (N23billion) allegedly disbursed by a former Minister of Petroleum Resources, Diezani Alison-Madueke, during in the course of the 2015 presidential election. Chime had been questioned by officials of the anti-graft agency at its South-east zonal office in Enugu last week Wednesday. The questioning was reportedly centred on how he handled the N450 million that he received. Apart from the former governor who was sighted at the commission’s office located at the Independence Layout, Enugu, other notable chieftains of the Peoples Democratic Party (PDP) including former party chairman, Ikeje Asogwa, the chairman of the party’s 2015 campaign organisation, Chief Charles Egumgbe were also seen coming out of the EFCC’s office. The party leaders were linked to the said N450 million. The Secretary of the 2015 Campaign organisation and Commissioner under Chime, Rita Mbah, was however not sighted at the commission’s office. Chime had arrived the EFCC zonal office in a black Ford sports utility vehicle with Enugu registration number, CV 950 ENU, at about 10:58 am, and left about 13 minutes afterwards. In the same way, his other colleagues, Asogwa and Egumgbe left separately later. Neither Chime nor Asogwa spoke with journalists, but Egumgbe who managed to crack some jokes with some journalists around, congratulated him for “coming out of the place without being detained” simply said “I’m happy to be out” and left in his black sport utility vehicle (SUV). Efforts to get an official of the commission to speak with the media on what transpired while
Chime and the two other PDP leaders who were with him failed as none elected to speak. However, sources told THISDAY that Chime and others had already been granted administrative bail during their earlier interrogation but only kept to the terms of their bail to maintain constant contact with the commission by coming to the commission’s office from time to time. THISDAY checks revealed that Chime had during his earlier interrogation, reportedly denied personally disbursing the N450million. Meanwhile, the anti-graft agency yesterday defended the recent freezing of the bank accounts of suspects under investigation, saying the action was backed by law. The Head, Media and Public Relations of the commission, Wilson Uwujaren, stated this while Minister of Science and Technology, Dr Ogbonnaya Onu (left); explaining a point of interest on Nigeria’s abundant mineral responding to the interest generated resources to the Chief Executive Officer, PZ Cussons Nigeria Plc, Mr Christos Giannopoulos when the later paid him a by the action of the commission in courtesy visit to his office in Abuja...recently freezing the accounts of suspects that were investigated or are currently being investigated. Uwujaren said some commentators had tended to ascribe vindictive motives to the action, adding that the Presidential Committee on had opened its account with the signatories to the official clarification was needed to prevent Alex Enumah in Abuja Financial Action Task Force Zenith Bank Plc before Oronsaye Zenith Bank account. misinformation, and explain the secretly and without approval He said investigation revealed reason behind the commission’s Hamma Bello, a prosecution (FATF). witness, in the ongoing trial Oronsaye was accused of opened the Access Bank account that PCFATF’s Zenith account actions in this regard. According to him, “Freezing of of the former Head of Service converting the N190million to for the PCFATF which he was was fully funded in four tranches of N50million, N90 accounts suspected to have been used of the Federation, Stephen his personal use through the the sole signatory. According to the witness, million, N45 million, and N100 for perpetration of financial crimes Oronsaye, has told an Abuja investment of the fund in Access is a mandatory investigative step high court that a total sum Bank Plc’s Banker’s Acceptance even though the bank million. of N1,205,437,880.68billion for a tenor of 90 days at 9 and account was opened much Bello disclosed further that backed by law.” Indeed, he said, Section 34 (1) was lodged by Oronsaye in a 12 per cents interest rates “in later, it had a total lodgments after Oronsaye solely opened of the EFCC Act 2004 empowers secret account with Access Bank, violation of the extant financial of N1,205,437,880.68billion the Access Bank account in the and total credit balance name of the committee he wrote the commission to free any account through which he allegedly regulations.” The defendant, while still N11,200,914.7million. to the then Minister of Finance suspected of being used for financial defraud the federal government. Bello made the disclosure serving as the Head of Service Bello also disclosed that Okonjo-Iweala for funding crimes.” The EFCC spokesman said the yesterday while giving his of the Federation, was appointed the defendant gave express but the woman rejected the “section stipulates that the chairman testimony before Justice as chairman of the PCFATF, instruction to the bank on the suggestion. He said the central bank of the commission or any officer Olasunbo Goodluck of an which was set up to ensure interest ranging from 9.9 per the passage of the anti-money cent interest rate a discovery that however obliged him and on authorised by him may, if satisfied Abuja High Court. The Economic and Financial laundering bill and countering made the operatives to write October 5, 2015, paid N50 million that the money in the account of a person is made through the Crimes Commission (EFCC) had financial terrorism, among other to the office of Accountant into the account of the committee. General of the Federation to “On March, 25, 2013, the commission of an offence under on March 15, 2016 arraigned terms of reference. At the resumed hearing seek clarification if there was defendant brought two letters, this Act or any enactment specified Oronsaye on a two- count one to the CBN governor from under Section 6(2) (a)-(f) of this charge of breach of trust which yesterday, Bello, who is another PCFATF. Led in evidence by Offen the Presidential Committee on Act, apply to the Court ex-parte he allegedly committed between appearing as the sixth for power to issue or instruct a 2013 and 2014 by defrauding prosecution witness (PW6) and Uket, counsel to the federal Task Force, tagged core issues bank examiner or such other the federal government of an operative of the EFCC, led government the witness said reviewed under the amendment appropriate authority to freeze N190million using his position in evidence by Offen Uket, told Oronsaye and one other of the money laundering Act, as the then Chairman of the the court that PCFATF officially member of the committee were 2011,” he said. the account.”
SEE HOW BLESSED NIGERIA IS
Oronsaye Lodged N1.2bn in Secret Bank Account, Witness Tells Court
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Sultan to Customs CG, Lift Ban on Importation of Rice Through Land Borders Mohammed Aminu in Sokoto The Sultan of Sokoto, Alhaji Muhammad Sa’ad Abubakar III, yesterday called on the management of the Nigeria Customs Service (NCS) to consider the possibility of lifting the ban on the importation of rice through the nation’s land borders. Speaking when the Comptroller-General of the Service, Col. Hameed Ali (rtd), paid him a courtesy visit in his palace in Sokoto, the monarch said the policy of the government has brought untold hardship on the Nigerian masses and aggravated the scarcity of food in the country. “This policy should be revisited with a view to making amends and ameliorate the suffering of Nigerians,’’ he said. The monarch stated that he had been receiving complaints of the masses on the present hardship in the country and called on the customs boss to therefore brainstorm with his management team in this direction. “There is no food in
the country, so, there is the need for the borders to be reopened for rice importation through land borders,” he stressed. He commended the renewed efforts of the federal government to boost domestic production of rice and promised that the traditional institutions would continue to sensitise the people on the need to support the policies of the three tiers of government. In his remarks, Ali promised that the management of the service would brainstorm on the request of the Sultan and present same to the government. “This is a policy of the federal government and it does not start and stop on my table, but I will present it to the government,”he explained. Ali solicited for the support of the Sultanate Council in ensuring the success of the fight against smuggling. “You are in a better position to mobilise the people on the need to offer intelligence information that could aid our officers
Troops Repel, Kill Six Boko Haram Terrorists in Sambisa Forest Five soldiers wounded
Senator Iroegbu in Abujai
rose to the occasion and dealt decisively with the terrorists by The Nigerian military has killing six of them,” he stated. successfully repelled recent He added that the troops attacks by Boko Haram terrorists also recovered one Fabrique in parts of their location in Nationale (FN) rifle with Sambisa Forest, Borno State, registration number 167229, two killing six in the process. belts of 148 rounds of 7.62mm The Director of Army (NATO) ammunition and 1 FN Public Relations (DAPR), Col. rifle magazine loaded with Sani Usman, in a statement 7.62mm ammunition (Special). yesterday, said troops from Usman said that the troops 121 Task Force Battalion, 26 also blew up three Vehicles Task Force Brigade, on Sunday, laden with Improvised successfully repelled an attack Explosives Device (VBIEDs). on their location by suspected Unfortunately, he said, five terrorists at Pulka. soldiers sustained various Usman said the terrorists degrees of injuries during who came through Banki the attack. axis of the Sambisa forest, He however noted that the attempted to inflict damage injured soldiers have been moved on the troops. to the unit’s Medical Reception “But the vigilant soldiers Station for treatment.
to arrest and prosecute smugglers,”Ali added. Meanwhile, the customs boss said the average monthly revenue of the service had dropped to about N 50 billion from N 80 billion. Ali made the disclosure at Gwadabawa Local Government Area of Sokoto State, when he paid a
Troops of the 2 Brigade Nigerian Army last weekend raided suspected cultists camps at Iba and Obelle Communities in Emuoha Local Government Area of Rivers State, killing five suspects and recovering weapons. A statement issued in Port Harcourt yesterday by the Assistant Director Army Public Relations, 2 Brigade Nigerian Army, Captain Eli Lazarus, said the operation was in continuation of its fight against cultists and criminals
gangs in Rivers State. He said the operation followed a tip off on the hideout of the cultists in the communities. “Five suspected cultists were killed, two pump action rifles and 26 phones were also recovered. Three of the suspected cultists’ camps were destroyed during the operation,” he said. He said the current operation of the military against cultist and criminals in the state would be sustained. “The public is assured that the current operation against cultists and other criminals would be
nation’s economy and hindering Nigeria from getting the revenues it deserves. He stated that Nigerians must begin to do the right things, if the country is to fully develop to realise its potential. “The only solution remains focusing more attention on mechanised
faming, to make Nigeria self sufficient in food production,” he averred. Responding, Zayyana commended the customs boss for the visit, promising that traditional rulers in the area would work tirelessly to sustain the cordial relations between the service and its host communities.
Dangote Distributes 106 Truck Load of Food Items to IDPs in Borno Michael Olugbode in Maiduguri The Dangote Foundation yesterday commenced the distribution of 106 trucks of food items to internally displaced persons (IDPs) camps in Maiduguri. The food items are to feed the over 30,000 persons living in all the IDP camps in Maiduguri, the Borno State capital, during the ongoing Ramadan. The food items, were in keeping with the earlier promise of the billionaire businessman, Alhaji Aliko Dangote, to the state. The richest African had earlier donated N2 billion for the rebuilding and rehabilitation of education, health and job creation sectors in the state. Commencing the distribution at the Maiduguri Bakasi camp, chairperson of the Foundation, Zouwaira Youssufu disclosed that the distribution of food items to IDPs in camps during the Ramadan fast was in fulfillment of Aliko Dangote’s promise to feed insurgency displaced persons. She said: “For further clarifications, this Ramadan gift is in addition to the N2 billion that Aliko Dangote has donated for the rebuilding and focusing on education, health and economic empowerment.” Borno State Governor, Alhaji Kashim Shettima, who was present at the occasion, said in a time of very serious challenges, the foundation has stood firmly on the side of the people. He said this was not the first time that the foundation was intervening in the state, adding that a year ago, it donated the sum of N400 million to 40,000
Rivers: Soldiers Raid Cultists Bases, Kill Five Suspects Ernest Chinwo in Port Harcourt
courtesy visit on the District Head of Gwadabawa, Alhaji Lawal Zayyana. He said the ugly development was sequel to the low domestic and international trade, as well as the declining foreign reserves of the country. Ali lamented that smuggling activities were helping to cripple the
sustained to safeguard lives and property of all. Therefore, all law abiding and peace-loving people of Rivers State are enjoined to provide security agencies with timely and accurate information that would help to arrest criminals in the state,” he stated. Suspected cultists have been on the rampage in some communities in Ikwerre and Emohua Local Government Areas of Rivers State, killing scores of persons, including military men. The state government and security agencies have said they would go all out to stamp out the cultists and restore confidence in the polity.
IDPs and indigent people of the state. He added that: “Apart from that; for the past couple of years, the foundation had been sending food items for distribution to the people of the state.”
He assured the foundation that the N2billion pledge would be judiciously utilised for the good of people in areas of health, education and gender empowerment. He said: “We will only give
the list of the projects that the foundation will support; because we do not want to be given a dime out of the money. We do not want the funds to be channeled to Borno State Government.”
BuhariCondemnsAttacksonPulseNightClubinUS Cont’d from Pg 10 attack on all decent, democratic, peaceful people. “Every terrorist attack only strengthens Nigeria’s resolve to stand shoulder to shoulder with the US and other countries
in the frontline of the war on terror,’’ the letter, which was signed by the Chief of Staff to the President, Abba Kyari, read. Buhari also called ‘‘on all
peace-loving nations to commit themselves whole-heartedly to multilateral cooperation and collaborative actions aimed at eradicating the scourge of international terrorism.’’
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TUESDAYSPORTS
Group Sports Editor Duro Ikhazuagbe Email duro.ikhazuagbe@thisdaylive.com
NFF Upholds Giwa FC’s Expulsion from NPFL
Olawale Ajimotokan in Abuja The Disciplinary Committee of the Nigeria Football Federation (NFF) has upheld the expulsion of Giwa FC from the Nigeria Professional Football League (NPFL). The NFF announced its decision in a communiqué yesterday after the sitting of the committee in Abuja. No Giwa FC official attended the sitting. In its ruling, the Disciplinary Committee upheld the May 3, 2016 decision of the League Management Company to expel Giwa FC for failing to play three matches involving Wikki Tourists, Akwa United and Enyimba. The committee finds Giwa FC in breach of Rule B13.28 of the NPFL Frame Work and Rules which states that “ If a club fails to honour three matches cumulatively within the League season without an acceptable reason to the LMC such a club shall be expelled from the League and its matches played and unplayed shall be cancelled”. Additionally, Giwa has been fined N10 million for staying away from the league match against Enyimba without an acceptable reason. The Jos-based club is to
also pay Enyimba a million Naira to offset its expenses and another N650,000 for the match officials. Meanwhile, four players of expelled Giwa FC have been cleared to play for Kano Pillars in the second round of the Nigeria league, according to officials. The players are Charles Henlong, Amos Gyang, Chris Madaki and goalkeeper Olorunleke Ojo. “We have got the clearance of four players of Giwa to play for us,” Pillars Spokesman Idris Malikawa told AfricanFootball.com Henlong, Gyang and Madaki had agreed personal terms with Pillars before the start of this season, but could not join up with the Kano club because they still had their contracts running at Giwa. However, the expulsion of the club has released the players to Pillars on a free transfer. Pillars have also signed striker Razaq Adegbite from Sunshine Stars, King Osanga from Warri Wolves as well as central defender Emman Ambrose from Kaduna United. Eight players were also placed on transfer by Pillars. Giwa FC has until 48 hours to appeal the decision.
Swedish players celebrating Ciaran Clark’s own-goal in the 1-1 draw with Ireland at the ongoing Euro2016 Championship in France yesterday
NFF Admits Owing Late Amodu Shaibu Two-month Salaries Femi Solaja
The Nigerian Football Federation (NFF), yesterday confirmed that late former Super Eagles coach, Amodu Shaibu, was being owed two-month salary. The revelation was a confirmation that most of the coaches that have been on the employment of the federation in the last few years are still been owed. Against a backdrop of reports that the federation was owing late Amodu and Stephen Keshi who died three days before the former BCC Lions gaffer, NFF yesterday clarified the issue to end unnecessary speculations. General Secretary of the NFF, Dr Mohammed Sanusi, confirmed on the federation’s official Twitter handle, @The NFF, that Amodu was been owed two months salaries just like every other management
staff at the Glass House in Abuja. The revelation put to rest speculations in a section of the sporting press claiming that Amodu was being owed seven months wages. Sanusi said: “Every member of NFF management is being owed salaries for two months. The NFF will pay all monies due late Amodu to his family. Amodu who died early hours of Saturday in his sleep was buried same day according to Muslim rite. He is the only senior coach to take charge of the Super Eagles on five occasions starting with the 1994 handling of the Eagles after Clemens Westerhof left after the debut at the World Cup in USA. He returned for another spell leading Eagles to the King Fahd Cup (now FIFA Confederation Cup) 1995. Amodu was again in-charge in 1997, 2001 and 2002 and
then replaced German Berti Vogts after AFCON 2008 in Ghana. Just like it happened in 2002 when he qualified Nigeria for the World Cup hosted jointly by Korea and Japan and was denied the chance to lead the team, fate again was cruel to the Okpella-born coach in 2010 when he was dumped for Swede Lars Lagerback after getting the ticket for Eagles outing at the first World Cup to be hosted on African soil. Meanwhile, Official sponsor of Nigerian national teams, Globacom, has expressed grief on the sudden death of Amodu. The company in a press statement in Lagos on Monday described the death of Amodu as unfortunate and sad; especially happening barely three days after the country lost another former coach, Stephen Keshi.
NNPC/Shell S’finals Hold in Lagos The semi finals of the annual NNPC/Shell Cup Football Competition organised for secondary schools in the 36 states of the country takes centre stage today in Lagos. In the first semi final match, FOSLA Academy, Abuja takes on Asegun Comprehensive High School, Ibadan at 2pm at the Teslim Balogun Stadium, Surulere. The second semi final between Government Science Secondary School, Bauchi and Excel Education Centre, Port
Harcourt, will come up by 4pm at the same venue. The young players are expected to intensify efforts to put up a good performance because the best two players in the competition will travel to Holland for a further training session with the Feyenoord Rotterdam’s Football Academy. The Communication Manager of Shell Petroleum, Sola Abulu, who represented the General Manager of the company, Igo Weli, at the weekend during a press briefing, noted that
the organisation was proud of the completion which has produced some great players for the country. A N4.8m cash and development facilities award is also at stake for the winning team and so the best of football will be displayed by the school boys especially as Feyenoord officials are around for the semi final and final matches. The final will however come up on Thursday June 16 also at Teslim Balogun Stadium, Lagos.
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TUESDAY JUNE 14, 2016 T H I S D AY
T H I S D AY TUESDAY JUNE 14, 2016
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