Tuesday 21st June 2016 by THISDAY Newspapers Ltd

CBN Clears $4.55bn in Spot and Forward Trading as Naira Peg is Lifted

Effective rate is N280/$, scores of high bidders lose money Profit taking halts equities bull run, overnight lending rate hits 15% Goddy Egene, Eromosele Abiodun and Obinna Chima Trading took off under the new

rules for the Nigeria Interbank Foreign Exchange (NIFEX) market yesterday, with the Central Bank of Nigeria (CBN)

and cleared the backlog of $4.02 billion pent-up demand for FX, respectively. Following the central bank’s

participating in spot and forward trading, where it met 100 per cent of demand in the FX market with a total of $532,867,169.11

forward and spot sales, the naira settled at N280 to the dollar on the interbank market, but for scores of dealers with

higher bids, they ended up losing money. Continued on page 6

DSS Nabs Member of Presidential C'ttee on Arms Procurement over Alleged Fraud… Page 10 Tuesday 21 June, 2016 Vol 21. No 7726. Price: N250

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Forgery allegation: Saraki, Ekweremadu, Others for Arraignment Today Senate leadership yet to receive court papers Oyegun: APC to probe forgery saga TobiSoniyi,OmololuOgunmade and Onyebuchi Ezigbo inAbuja The Ministry of Justice is insisting that the arraignment

of Senate President Bukola Saraki and his deputy, Senator Ike Ekweremadu, before Justice Yusuf Halilu of the High Court sitting in Utako,

Revealed: AGF was counsel to Senate Unity Forum

Abuja, for alleged forgery would take place today. A lawyer in the justice ministry, who was not authorised to speak on the

case, told THISDAY that the trial would go ahead. The duo of Saraki and Ekweremadu are alleged to have been involved in forging

the Senate’s Standing Order, 2015, prompting the federal government to file a criminal suit against them. The Senate rules were

allegedly forged by some principal officers of the Seventh Senate in collusion Continued on page 6

FG, Niger Delta Militants Agree to 30-day Ceasefire Truce gives Buhari time to come up with plan for region Emmanuel Addeh in Yenagoa The federal government and militant groups in the Niger Delta, including the Niger Delta Avengers (NDA), which has claimed responsibility for a series of attacks on oil and gas installations in recent months, have agreed to a 30-day truce to give President Muhammadu Buhari time to come up with a comprehensive plan for the oil-rich region, investigations by THISDAY have revealed.

The “30 days of quiet” was said to have been agreed upon last week by a federal government team led by the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu, and representatives of the militant groups, community leaders and the state governments. Last week, Kachikwu had led a government delegation to different camps in Bayelsa and Delta States, including Continued on page 8

REKINDLED ON SECOND NIGER BRIDGE, ZIK MAUSOLEUM EFCC Freezes Fayose’s Account, HOPE L-R: Minister of Power, Works and Housing, Mr, Babatunde Fashola; Anambra State Governor, Willie Obiano; and the Obi of Igwe Nnaemeka Alfred Achebe, when the minister stopped over to inspect the Zik Mausoleum during his inspection tour Governor Lambasts FG… Page 6 Onitsha, and consultations with stakeholders on the Second Niger Bridge in Onitsha, Anambra State and Asaba, Delta State… yesterday

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TUESDAY JUNE 21, 2016 T H I S D AY

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EFCC Freezes Fayose’s Account, Governor Lambasts FG Aisha Buhari accused of laundering $170,000 for jailed US congressman Olakiitan Victor in Ado Ekiti The Economic and Financial Crimes Commission (EFCC) has frozen the personal account of the Governor of Ekiti State, Mr. Ayodele Fayose, and those of his associates. The governor’s personal account at the Zenith Bank Ekiti branch was allegedly frozen on the order of the anti-graft agency, according to a source in the bank.

Fayose, who had earlier issued a cheque to make a withdrawal but was rejected by the bank, was forced to visit the bank located at Onigari, GRA in Ado Ekiti himself, describing the action as criminal and illegal. Citing Section 308 of the 1999 Constitution, Fayose said he enjoys immunity as a sitting governor, and asked the federal government to fight corruption within the ambit of the law. “I got wind of the fact that the

EFCC had placed a restriction order on my personal account and that of my associates. I came here today and I have been able to see it. This action shows that this government has no respect for the constitution because I enjoy immunity under Section 308. “I support government fighting corruption, but it has to be within the ambit of the law. You can investigate me, it is their right, but they have

to wait till 2018, because I will be done by then. They should not be in a hurry because I will personally come to them for investigation. “I have become a figure head in this country that I don’t have anywhere to run to. This rascality of EFCC must stop. If they like, let them investigate the whole world. Is it because they are the sitting government now that nobody can ask them questions? We will take every

legal procedure to get things right. “I am not leaving this bank until they give me a statement of account. They must put it into writing because EFCC has no right under the law to freeze my account. “They did not communicate with me. They want to destabilise the state and we will use all legal means to make them obey the constitution. They can investigate me, but

they can’t coerce me,” he said. Fayose, who urged President Muhammadu Buhari not to see himself as a saint, alleged that the president’s wife, Aisha, was fingered in a money laundering scandal during the Olusegun Obasanjo administration. “Mrs. Buhari was accused of wiring $170,000 to (William) Jefferson's account and the man has been convicted abroad. So Buhari and APC should not see themselves as saints,” he alleged.

will, through the concerted efforts of the over-the-counter (OTC) exchange and all market participants, serve to enhance greater investor confidence in the Nigerian FX market. “With its potential to drive transparency and liquidity, FMDQ, through the system, is adequately equipped to provide a complete and consolidated marketplace for FX trading and reporting, offering market participants and regulators a robust and flexible set of tools to support the full trade workflow. “The reforming of the 2-WQ interbank FX market brings about a lot of promise for the resuscitation of the Nigerian FX market and by extension the development of the nation’s economy.” On the Nigerian Stock Exchange, however, the stock market closed in the red yesterday as profit taking dominated, contrary to expectations that the market will sustain the bull run that began last Wednesday when the CBN removed the naira peg. The market surged by 7.4

per cent last week as investor sentiment strengthened on the new forex policy. But instead of consolidating on the gains recorded last week, the market declined yesterday as the Nigerian Stock Exchange All-Share Index (NSE-ASI) fell by 1.63 per cent to close at 28,760.90, from 29,257.27 last Friday. Market capitalisation shed N164 billion to close lower at N9.881 trillion. Market analysts said despite growing expectations that foreign investors would make a return to the market, profit taking thrived as investors off loaded most of the stocks that made significant gains last week. Bellwethers such as Dangote Cement Plc, Nigerian Breweries Plc and Zenith Bank Plc were among the top price losers. In all, 33 stocks declined as against 17 that appreciated. Stock trading also fell by 67 per cent as investors staked only N2.25 billion on 416.662 million shares, down from N6.791 billion invested in 628.753 million shares last Friday.

chairman, Chief John Oyegun, said the party would conduct an investigation into the matter to be sure of the allegation. Oyegun said that as far as the party was concerned, the issue was still in the realm of suspicion and none of the affected party men had been indicted. “At this stage, I don’t think there is anything to say. In fact, everything is still guesswork. Nobody has said yes or they have been arrested or asked to make a statement or whatever. “As a party, we do not think it is the party’s business to interfere in judicial matters of this nature. We will just wait and see, as we are even making investigations to be sure what the situation is,” he said. On whether the party was still pushing for the removal of the Senate leadership on the account of the strained relationship between both sides, Oyegun said: “No, no, no. I don’t know, this is the kind of problem that the press always causes. You are now taking the sensational aspect of this issue. You are forgetting the nitty gritty. “Did what they say really happened? That is what you should look at. Take the two copies – the new copy and the old copy – of the Senate rules and see if there is a difference. If there is a difference, at what formal meeting was it approved and adopted? These

are the issues. “You should start from this so that when you are commenting it would not be sensational, it would be based on facts and reality. “You see we have to change the way we do things in this country; we have to start telling people what is right and what is wrong and to choose what is right as against what is wrong. “This is where I expect you to start. Don’t start making it a party versus Mr. X issue. The point should be: was an offence committed? Establish that first and then you can move on.”

CBN CLEARS $4.55BN IN SPOT AND FORWARD TRADING AS NAIRA PEG IS LIFTED Details of the FX trading seen by THISDAY showed that the highest bid on the spot market yesterday was N382/$ while the lowest bid was N197/$. CBN Governor, Mr. Godwin Emefiele had said last Wednesday when he unveiled the revised ground rules for NIFEX that “whatever comes out at the end of the day as the marginal rate will be the rate that is recognised officially by the world as the rate for the naira. I do not expect that another rate will be recognised in the market”. Dealers said there was calm in the market, even as operators said they saw the new FX rules as a big relief. A market source, who pleaded to remain anonymous, said: “The market opened as expected and we saw transparency of rates and price discovery in the market. But again, there was not enough trading as expected because people were careful. “But for the first time in close to two years, we saw live trading. It was like the market coming back to what we used

to see in the past. Rates opened at N275-N280 to a dollar and later closed at N255 to a dollar before the CBN stepped in. But there wasn’t volatility in the market.” Meanwhile, the overnight tenor of the Nigerian Interbank Offered Rate (NIBOR) increased significantly to 15 per cent yesterday from two per cent last Friday, after the central bank debited the accounts of commercial lenders to cover dollar purchases by the banks. However, the naira, which had rebounded on the parallel market since the announcement of the new FX rules, depreciated yesterday to N345 to a dollar, weaker than the N335 to a dollar on Saturday. Providing clarity on the first day of trading after lifting the naira peg, the CBN yesterday stated that the foreign exchange market had a robust start, saying it cleared the backlog of $4 billion pent-up demand for FX with the naira exchanging at N280 to the dollar. The Ag. Director Corporate Communications of the CBN,

Mr. Isaac Okorafor, said last night that the CBN was happy that in its objective to clear the FX backlog, it performed its role as strictly a market intervention participant, while the re-launch of a functioning and efficient interbank market, was met. He said: “The CBN, in line with its desire to promote a transparent, liquid and efficient market, and in order to engender market confidence and ensure credible price formation, intervened in the market through special Secondary Market Intervention Sales (SMIS) addressing the issue of the FX demand backlog by clearing $4.02 billion through spot and forward sales. “This served in no small way to stimulate price discovery, with the determination of a marginal rate of N280/$ through the special SMIS process. “So we can state to you categorically that the FX demand backlog has now been cleared and behind us for good,” he added. He further assured market participants and the public

that the central bank was resolutely committed to making the Nigerian FX market globally competitive, credible, transparent, liquid and efficient. He lauded market participants that collaborated in their conduct to achieving these feats and looked forward to another successful and historic day on June 27, when the market launches its innovative hedging product, the Naira-settled OTC FX Futures. Also, following the release of the revised guidelines for the operation of the NIFEX, the twoway quote (2-WQ) interbank FX market has gone live on the platform of FMDQ OTC Securities Exchange (FMDQ), with the CBN’s authorised dealers setting the pace for the market-driven trading window through the FMDQ Thomson Reuters foreign exchange trading system. The Vice President & Divisional Head, Marketing & Business Development, FMDQ, Tumi Sekoni, in a statement yesterday explained: “The interbank 2-WQ FX market

FORGERY ALLEGATION: SARAKI, EKWEREMADU, OTHERS FOR ARRAIGNMENT TODAY with the management of the National Assembly ahead of the June 9, 2015 elections of Saraki and Ekweremadu as the Senate President and Deputy Senate President respectively. But the Senate leadership has cried foul, describing it as a ploy by the executive arm of government to destabilise the Eighth Senate. The Senate also expressed concern over what it described as an attempt by the executive arm to truncate Nigeria’s democracy by attempting to cripple the legislature in its desperate bid to forcefully change the leadership of the Senate. It warned the federal government not to mistake its maturity and the hand of cooperation that it had extended to the presidency as a sign of weakness. Charged along with the two presiding officers of the Senate are the immediate former Clerk of the National Assembly, Alhaji Salisu Maikasuwa, and his deputy, Mr. Bennedict Efeturi. They were charged with criminal conspiracy and forgery of the Senate Standing Rules, 2015. The charge was filed one year after the police concluded its investigation into the allegation that the Senate rules were forged to pave the way for Saraki and others to emerge as principal officers of the Senate. The investigative report had since been submitted to the office

of the Attorney General of the Federation (AGF) who has now chosen to act on it. In the affidavit filed on June 10, 2016, the investigative police officer (IPO) swore that the investigation into the case had been concluded. The charges read: “That you, Salisu Abubakar Maikasuwa, Benedict Efeturi, Dr. Olubukola Saraki and Ike Ekweremadu, on or about the 9th of June, 2015, at the National Assembly complex, Three Arms Zone, Abuja, within the jurisdiction of this court, conspired amongst yourselves to forge the Senate Standing Order, 2011 (as amended) and you thereby committed the offence of conspiracy, punishable under Section 97 (1) of the Penal Code Law. “That you, Salisu Abubakar Maikasuwa, Benedict Efeturi, Dr. Olubukola Saraki and Ike Ekweremadu, on or about the 9th of June, 2015, at the National Assembly complex, Three Arms Zone, Abuja, within the jurisdiction of this court, with fraudulent intent, forged the Senate Standing Order 2011 (as amended), causing it to be believed as the genuine Standing Order, 2015 and circulated same for use during the inauguration of the 8th Senate of the National Assembly of the Federal Republic of Nigeria when you knew that the said Order was not made in compliance with

the procedure for amendment of the Senate Order. You thereby committed an offence punishable under Section 364 of the Penal Code Law.” Some lawmakers, on behalf of the Senate's Unity Forum (SUF), a group of senators who were opposed to Saraki and Ekweremadu’s emergence as the President of the Senate and Deputy Senate President, respectively, had petitioned the police, alleging forgery of the Senate Standing Rules, 2015, that produced Saraki and his deputy, Ekweremadu, following the election of principal officers for the Senate. However, both Saraki and Ekweremadu yesterday insisted that they had not been served any notice of any arraignment by the court. Making this disclosure late yesterday evening, the Special Adviser to the Senate President, Media and Publicity, Mr. Yusuph Olaniyonu, said up till the time of filing this report, Saraki had not been served with a court notice. He described the claim of a planned arraignment as strange, stressing that it was impossible to arraign an accused person without his formal knowledge of the arraignment. In the same vein, the Special Adviser to Ekweremadu on Media, Mr. Uche Anichukwu, said at the time of filing this report at about 7 pm yesterday, the deputy

senate president too was yet to receive any court papers on the arraignment. But in another development, a court paper obtained yesterday by THISDAY showed that the AGF and Minister of Justice, Malam Abubakar Malami, was before his appointment as the AGF last year, one of the lawyers to members of the Senate Unity Forum who had initiated a suit on the alleged forgery of the Senate Rules in the court. The court paper, dated August 3, 2015, showed a list of 12 lawyers as defence counsel to Senator Suleiman Hunkuyi and other senators who initiated the suit. Malami was number three on the list of the counsel. This has fuelled speculations that the AGF might have a vested interest in the case, which was earlier struck out by Justice Adeniyi Ademola of a Federal High Court in Abuja. While striking out the case, Ademola said the judiciary could not interfere in the affairs of another arm of government. Meanwhile, the national leadership of the governing All Progressives Congress (APC) has said that it will look into the alleged forgery case involving the leadership of the Senate to establish its veracity or otherwise. Speaking to journalists yesterday at the national secretariat of APC, its national

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T H I S D AY TUESDAY JUNE 21, 2016

TUESDAY, JUNE 21, 2016 • T H I S D AY

STARTERS

Muslim Clerics Storm Osun Schools to Enforce Hijab Ruling Aregbesola: I never ordered use of hijab Yinka Kolawole in Osogbo No fewer than 25 Muslim clerics in Osun State yesterday morning besieged St. Charles High School in Osogbo and Ife Oluwa Middle School to enforce the court ruling on the adornment of the hijab by female Muslim students in schools in the state. THISDAY gathered that the clerics went to the schools around 8 am to enforce the court order. Consequently, the principal of St. Charles High School, Mr. Anthony Famoriyo, reportedly informed them that he could not fulfill their request because he was yet to be directed by the Ministry of Education on the hijab ruling. Famoriyo, when contacted by journalists, said he told them that no teacher would prevent any student from wearing the hijab the moment they received such directive from the state government. When THISDAY visited the school, some students of the school were engaged in calisthenic training. Also some Islamic followers were seen forcefully enforcing the use of the hijab on those identified to be Muslim girls in the school, while some of them were prevented from entering the school because they did not adorn the hijab. Owing to the melee caused by the clerics, academic activities in the school were disrupted as the group also stormed classrooms to stop the teachers on duty. However as the controversy over the hijab ruling raged in the state, Governor Rauf Aregbesola for the first time spoke on the crisis, stating that neither himself nor his government ordered the use of the hijab by female Muslim students in public schools in the state. Aregbesola stated this yesterday at the roundtable on Development Collaborative Framework for Education Development and Advancement organised by the Development and Advancement in Western Nigeria (DAWN) in Osogbo, the state capital. Aregbesola challenged those who had accused him of ordering the use of the hijab by Muslims schoolgirls to produce concrete evidence to substantiate their claims. The governor also challenged those accusing him of plunging the state into a religious crisis to present a video or voice recording, written speech evidencing where he commanded or ordered female Muslim students to wear the hijab with their uniforms. He averred that all programmes introduced into the state's education

Aregbesola rebranding were the resolutions that came out of the education summit organised by his administration shortly after coming into office. Aregbesola noted that the resolution of the summit, headed by Nobel laureate, Professor Wole Soyinka, never considered nor recommended any religion. Speaking on education in the Southwest, the governor noted that the decline in education should be worrisome due to the role of education in development and bringing enlightenment to the human mind, which is a platform for leadership recruitment, and the means for character building and good citizenship. He stated that when he came to government, the first task of his administration was to convene an education summit which was chaired by Soyinka, adding that all intervention of government in the education sector from inception came from the recommendations of the summit and had nothing to do with religion. According to him, “There is nothing religious in any of our policies. The facts on the ground contradict the claims by the opposition. The choice of my deputy governor tells it all, I knew she is a Pentecostal Christian of the highest order before I picked her. “Everything we have done in the line of education is in line with the resolution of our education summit. “Against all speculations, I have not ordered the use of the hijab, I challenge anybody with evidence to come out and show that I have made a proclamation on the hijab. “If I have permitted the hijab will the Muslim community have gone to court to challenge it, is that not contradictory?

Is it a crime that I am a Muslim, is it because I struggle to be a good Muslim that everything I do is misunderstood? I think I don't deserve all these lies against me.” The governor told participants that his administration was constructing 100 state-of-the art elementary schools, 50 middle schools and 20 high schools in addition to rehabilitating the existing ones. He added that the schools in the state before his intervention would have attracted rebuke from animal rights activists if government had put pigs there. On the Osun school feeding programme, tagged O-MEALS, Aregbesola said that the programme had provided the template for national adoption and implementation of free meals in schools, adding that he was invited by the British parliament twice to share Osun’s experience with the world. He held that his administration’s efforts and intervention in education had been massive and that there has been qualitative and quantitative improvement in the performance of pupils and general education of youths in the state. He said: “The following data will put a lie to the unfounded allegation of our detractors that the performance of pupils has gone down under our watch. In 2007, the state government put forward 36,171 candidates for WAEC examination out of which 2,483 representing 6.86 per cent had credit pass in five subjects, including English and Mathematics. “In 2008, it was 37,715 candidates with 3,813 passes, representing 10.11 per cent. In 2009 it was 39,676 candidates, with 5,545 passes, representing 13.98 per cent. In 2010 it was 43,216 candidates, with 6,777 passes, representing 15.68 per cent. These four years gave us an average of 15.68 per cent. “However, our administration started sponsoring candidates for WAEC in 2011. That year, we fielded 53,293 candidates, had 11,672 passes, representing 21.98 per cent. In 2012, we fielded 51,463 out of which 11,431 passed, representing 22.21 per cent. In 2013, we also fielded 47,013 candidates, recorded 9,301 passes, representing 19.78 per cent. “In 2014, we sponsored 47,672 candidates, 9,316 of them passed, representing 19.54 per cent. The average performance for our first four years was 20.88 per cent. Compared with the average performance (13.26 per cent) of the three years that preceded us, the improvement in performance during our tenure was a huge 57.46 per cent.”

FG, NIGER DELTA MILITANTS AGREE TO 30-DAY CEASEFIRE visiting the temporary site of the Maritime University at Okerenkoko, Gbaramatu Kingdom in Warri South Local Government Area of Delta State, in a bid to reach out to representatives of the militant groups to get them to stop its attacks on oil and gas facilities. The activities of the militants have halved Nigeria’s oil production to some 1.4 million barrels per day, impacted negatively on power supply in the country and the country’s oil earnings. According to a source who opened up on the 30-day period of truce, Kachikwu was said to have reached out to the militants through back channels and pleaded for some time for the Buhari administration to come up with a comprehensive Niger Delta plan that would address most of their demands. The militant groups, the source said, accepted Kachikwu’s plea, adding that since the agreement was reached there had been no attacks on oil and gas installations

in the oil-rich region. “You would have noticed that there have been no bombings of oil assets in recent days. This is the fall out of the 30 days of quiet reached with the minister and his team. “This will give the president time to come up with a comprehensive plan for the Niger Delta,” the source informed THISDAY. He also revealed that some of the demands made by the militants were for greater control of the hydrocarbon resources in their communities, improved funding for the Amnesty Programme, clean-up of oil producing communities in the Niger Delta that had been devastated by oil exploration activities, and funding for the Maritime University, among others. He added that the problem with respect to the Maritime University stemmed from the fact that Minister of Transportation, Mr. Chibuike Amaechi, whose ministry superintends the university, did not provide

for funding of the institution in the 2016 budget. The absence of funding for the tertiary institution was compounded by Amaechi’s preference for funding the Maritime Academy of Nigeria in Oron, Akwa Ibom State, and his demand that a probe be carried out into why N13 billion was spent on acquiring the land alone for the university in Okerenkoko, which resulted in an open disagreement with Kachikwu on the issue. The source said the N13 billion was allegedly paid to ex-Niger Delta militant and fugitive, Mr. Government Ekpemupolo, better known as Tompolo, and has formed part of the basis of his prosecution by the Economic and Financial Crimes Commission (EFCC). Prior to the agreement temporarily ending the attacks on oil facilities in the Niger Delta, the federal government had ordered the military to withdraw its troops, fighter jets and battleships that had been deployed in the region to flush out the militants.

Two-Minute Briefing NEWS Abebe Asks Statoil to Return

$4bn to Nigeria The ongoing suit between a Norwegian oil firm, Statoil Nigeria Limited, and a businessman, Dr. John Abebe and his company, Inducon Nigeria Limited, which has been in the Supreme Court has taken a new twist… Page 10

EDITORIAL Addressing The niger delTA Crisis The Niger Delta Avengers, a new militant group, has in the past few months engaged in the singular preoccupation of sabotaging oil infrastructre in the Niger Delta. Page 15

POLITICS The Ghost of Buhari’s

Certificate Scandal Resurfaces Despite President Muhammadu Buhari’s spirited efforts to sweep his certificate scandal under the carpet, the issue resonated last week in court and may not go away anytime soon. Page 16

FEATURES Airtel Offers Hope to a Blind

Man Gbenga Adesida, a 47-year-old visually impaired man, had his wife and two children taken away from him leaving him suicidal. But Adesina’s tears have been wiped away through… Page 20

BUSINESS Gas Supply Projects Delay

ExxonMobil, Chevron, Total’s Power Plants he delay in the construction of the The multibillion dollar upstream gas supply projects to feed Chevron’s Agura Power Plant, ExxonMobil’s Qua Iboe Power Plant andTotal’s Obite Power Plant… Page 23

PROPERTY Nigerians Seek Long-term

Returns in London’s Battersea Power Station Devt The he UK property market is emerging as a preferred place to invest for Nigerians, particularly for those who got burnt in Dubai.They are return-ing to the UK because they believe the market is safe… Page 30

INTERNATIONAL Donald Trump Sacks Campaign Manager DonaldTrump shook his presidential campaign yesterday with the sudden dismissal of his controversial campaign manager, Corey Lewandowski. Page 39

SPORTS NFF Frees Giwa FC Players for

Other Clubs The Nigeria Football Federation (NFF) has given provisional clearance to all players of erstwhile NPFL club, Giwa FC of Jos to join other clubs. Page 47

T H I S D AY TUESDAY JUNE 21, 2016

TUESDAY, JUNE 21, 2016 • T H I S D AY

NEWS

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

Abebe Asks Statoil to Return $4bn to Nigeria Davidson Iriekpen

The ongoing suit between a Norwegian oil firm, Statoil Nigeria Limited, and a businessman, Dr. John Abebe and his company, Inducon Nigeria Limited, which has been in the Supreme Court has taken a new twist with the businessman accusing Statoil of transferring over $4billion of its income from the sale of crude oil out of Nigeria against the orders of the courts. Abebe and his company in the affidavit and application filed at the court through its lawyer, Uche Nwokedi (SAN), are asking that the orders of the Federal High Court and Court of Appeal that are still subsisting be enforced and that Statoil be made to return the $4billion to Nigeria. They also urged the court to restrain the Norwegian oil firm from further repatriating all revenues accruing to it from the Agbami oil field and all other interests in Nigeria to any foreign account through any commercial bank in the country pending the hearing and determination of the substantive appeal.

By an interlocutory order dated April 26, 2010, a Federal High Court in Lagos had restrained Statoil from repatriating to any foreign account, its monies, revenues and earnings derived from its interest in the Oil Mining Licences (OMLs) 127,128,129, Oil Prospecting Licences (OPLs) 315, 242 and any other offshore oilfield in Nigeria. The order was reiterated by the court in its final judgment delivered on December 6, 2010 which was upheld by the Court of Appeal in a unanimous judgment delivered on June 3, 2012, dismissing Statoil’s appeal. Being dissatisfied with the judgment of the Court of Appeal, Statoil had appealed to the Supreme Court to set aside the judgment of the lower court including the order restraining it from moving proceeds of sale of crude oil to foreign countries. However, Inducon Nigeria Limited and its owner, Abebe, are alleging that since the orders were made, the Norwegian oil firm has completely disregarded them, instead contrived an artifice whereby funds are immediately transferred out

of Nigeria to foreign accounts. They alleged that till date, Statoil has repatriated over $4billion which accrued to it from the said oilfields into foreign account with the assistance of a Nigerian bank in disobedience of the court orders. The documents filed at the Supreme Court by Inducon and obtained by THISDAY showed that while Citi Bank, Statoil’s original bankers, refused to facilitate the movement of funds for the Norwegian oil firm, a Nigerian bank since 2012 has been moving funds abroad on behalf of the oil firm. The documents showed that in March 2012 alone, the sum of $1.15 billion was transferred to J.P. Morhan Chase Bank in London on behalf of Statoil by the indigenous bank. The documents added that in 2012, the total

amount lodged in the account and transferred out of Nigeria was $1.869billion, and between 2013 and December 2015, another $2.569billion was lodged from oil sales and transferred to J.P. Morgan Chase Bank. They stated that unless the apex court restrain Statoil, it will continue to repatriate funds from the oilfields with a view to rendering the final judgment of the court nugatory in the event that the court enters judgment in their favour. The substantive started when Abebe filed an action against Statoil at the Federal High Court in Lagos, contending that in April 1990, he was informed by British Petroleum (BP) that it was interested in pursuing opportunities in the Nigerian oil industry together with its partner Statoil of Stavanger, Norway with

whom it had entered into an Alliance agreement. According to him, the alliance, as it was represented to him, would present the first ever opportunity for Statoil, then an indigenous Norwegian company, to operate outside its home base, Norway and to venture into West Africa, amongst others. In his statement of claim, argued through his lawyer, Nwokedi, he stated that at all material times, it was the representation of the alliance to him that BP and Statoil would be equal partners on a 50:50 basis in the alliance and that although the alliance would not be set up as a separate legal personality, the two companies would operate as one. The businessman added that he was also instrumental to ensuring that the production

sharing contracts for the blocks were signed with NNPC and all these were achieved due to his extensive contacts in government and the oil and gas sector. In his judgment delivered in December 2010, Justice Charles Archibong ordered the oil firm to pay Abebe and his company, 1.5per cent net profit interest accruable to it from the three oil blocks allocated to them for bringing the firm to Nigeria to explore oil resources. The judge held that there was indeed an agreement between him, BP and Statoil contrary to the claim of the oil firm, which must be honoured. Dissatisfied with the judgment, Statoil headed to the Court of Appeal which later dismissed the appeal and upheld the judgment of the Federal High Court.

20 Feared Dead as Gunmen Invade Lagos Communities

Schools, markets, shops shut indefinitely

Gboyega Akinsanmi In what was described as a reprisal, a group of gunmen yesterday invaded two communities – Elegbete and Igbolomu – in Ikorodu area of Lagos from waterfronts, allegedly killing at least 20 residents. While it confirmed the gruesome attack on the communities and their residents, the Lagos State Police Command debunked reports that the invasion by the gunmen claimed 20 persons as alleged by some residents. But due to the invasion launched early yesterday, a resident of Igbo Olomu told THISDAY that the two communities were deserted, thereby compelling residents, students and public servants among others to stay at home. In a phone conversation, the resident added that schools, shops, markets and other business centres were indefinitely shut down due to the invasion, which he said were targeted at some community leaders. According to the resident, at least 20 persons, including community leaders, were killed in the calculated attack. But a detachment of soldiers has been deployed to the two communities to restore public order. He therefore described the invasion as a reprisal, which he said was carried out after a taskforce on oil theft and pipeline vandalism allegedly killed two gunmen and arrested four others in a hotel in Elegbete. The source explained that the reprisal was “launched after the gunmen successfully carried out armed operations on the two communities. After the operation, the gunmen went to a hotel. But

some community leaders provided information about the whereabouts of the gunmen to the security taskforce in the area. “The taskforce reinforced and went to the hotel where the gunmen were hiding. There was shootout at the hotel, as a result, two gunmen were killed; four arrested and others escaped in the process,” the resident said. But early yesterday, the resident confirmed that the gunmen invaded the communities again, shooting sporadically; moving from house to house, and targeting some community leaders, whom they believed disclosed information about their whereabouts to the taskforce. Another resident told THISDAY that the affected areas “are Elegbete and some neighbouring communities,” noting that the gunmen actually struck between 8a.m. and 10a.m. yesterday. The resident confirmed that gunshots were intense in the communities as residents were running for safety while schools and businesses were hurriedly shut down by their owners to avert being caught in the invasion. He said streets were “now deserted; people fled home. Schools, shops, markets and other business centres in the areas were now like ghost town as people deserted them. Parents hurried ran to school to take their children home while the police and army have taken over the area to provide security.” He disclosed that the gunmen invaded a school in Elegbete, but allowed the children “to go unhurt, warning them not to return to the school again. Residents are fleeing Elegbete. People are relocating to Agbede and Igbo-Olomu with their luggage. Some were seen with mattresses.”

CONGRATULATIONS ON YOUR VICTORY

R-L: Governors Hassan Dankwambo (Gombe); Ifeanyi Okowa (Delta); David Umahi (Ebonyi); congratulating the Edo State Peoples Democratic Party (PDP) governorship candidate, Mr. Osiagie Ize-Iyamu, during 2016 Edo State PDP primary election, at the Samuel Ogbemudia Stadium in Benin City...yesterday

DSS Nabs Member of Presidential C’ttee on Arms Procurement over Alleged Fraud Accused of fronting for some high-level govt officials Senator Iroegbu in Abuja The Department of State Service (DSS) has arrested a member of the Presidential Investigative Committee on Arms Procurement, Air Commodore Umar Muhammed (rtd), for alleged fraudulent deals involving top government officials. A reliable source alleged that Muhammed was said to be fronting for some high ranking officials within the Economic and Financial Crimes Commission (EFCC) and security agencies to carry out unwholesome activities. “Air Commodore Umar Muhammed (rtd) is a member of the arms procurement committee, and there are speculations that he is the one fronting for some members of the committee. He is rumoured

to be fronting for high ranking officials in the EFCC and ONSA,” the source alleged. Based on a tip off, men of the Department of State Security (DSS) on Sunday night raided his residence at No. 4 Lundi Close Off Mississipi Street in Maitama, Abuja. According to the source, DSS operatives, after a five-hour search, found and seized the sum of $1.5 million in cash and various high-end cars. The house was virtually deserted yesterday night when THISDAY visited the residence, which was earlier said to be cordoned off. “The DSS cordoned off his house in Maitama, where he is believed to be having meeting at the time they swooped on the residence and searched

his house at about 5p.m. on Sunday and did not leave until about 10p.m. where they found so much incriminating evidence. “After the search at his Maitama residence, the sum of $1.5 million cash was discovered and about 18 luxury cars were taken away including Rolls Royce, Ferrari, Buggatti and many others,” the source claimed. The source also revealed that the suspect usually uses No. 1 Gado Nasko Street, Asokoro “where he allegedly defrauds people.” At the time of filling this report, Muhammed was still being held at the DSS detention centre in Abuja. Muhammed, who is said to be the Chairman of EasyJets Nigeria, is one of the 13 members of the Presidential Arms Procurement Investigative

Panel set up by President Muhammadu Buhari in August last year under the supervision of the Office of the National Security Adviser (ONSA). Membership of the Panel as was constituted by ONSA include: Air Vice Marshal J.O.N. Ode (rtd.) – President, Rear Admiral J.A. Aikhomu (rtd.) – Member, Rear Admiral E. Ogbor (rtd.) – Member, Brig Gen L. Adekagun (rtd.) – Member, Brig Gen M. Aminu-Kano (rtd.) – Member, Brig Gen N. Rimtip (rtd.) – Member, Commodore T.D. Ikoli – Member, Air Commodore U. Mohammed (rtd.) – Member, Air Commodore I. Shafi’i – Member, Col A.A. Ariyibi – Member, Group Capt C.A. Oriaku (rtd.) – Member, Mr. Ibrahim Magu (EFCC) – Member, and Brig Gen Y.I. Shalangwa – Secretary

TUESDAY, JUNE 21, 2016 • T H I S D AY

NEWS

Ize-Iyamu Picks Edo PDP Governorship Ticket as Other Contestants Kick Ogiemwonyi, Imansuangbon reject outcome of APC primary

Adibe Emenyonu in Benin The Peoples Democratic Party (PDP) nominee for the Edo State governorship election, Mr. Osagie Ize-Iyamu, yesterday said he accepted his nomination with deep appreciation and great humility, saying the September 10 election is the party’s chance to keep the aspiration and hope of the good people of Edo State alive and carry out the real change they deserve. Ize-Iyamu was declared winner of the governorship primary held in Benin City after he pulled a total of 584 votes to beat the two other contestants, Matthew Iduoriyemwen and Dr. Solomon Edebiri who scored 91 votes and 38 votes respectively. Declaring Ize-Iyamu winner, the Returning Officer and Governor of Ebonyi State, David Umahi, said a total of 751 delegates were registered for the primaries, while 713 delegates turned up for accreditation with no void vote in the exercise. According to Umeahi, “Edebiri scored 38 votes, Iduoriyekemwen scored 91 votes, and the winner is Ize-Iyamu who scored 584 votes.” Speaking further, the Ebonyi governor, after announcing the result, admonished the aspirants to work as a family following the emergence of the candidate, assuring that the PDP governors will give them all the support. He commended the delegates for the way and manner they conducted themselves and urged all of them to face the general election with all seriousness so as to achieve victory for the PDP. According to him, “Every process of this primary, we carried everybody along and they truly gave us their words. We are very excited with the conduct of the delegates, we are very excited with the seriousness of the governors. We want to plead with the aspirants to support the candidate that emerged so that the will of God will be with Edo State.” Also in his remarks, Governor Ifeanyi Okowa of Delta State who expressed the determination of the party to win the state back to the PDP, asserted that “as PDP members, you will never be intimidated because I know some persons will intimidate you. Edo State has always been a PDP state and it will go back to PDP this time.” In his acceptance speech, Ize-Iyamu, who commended the committee members for the transparency exhibited in the conduct of the primaries, described the exercise as very transparent. According to him, “At a time when people thought the PDP was finished, we were showing strength. Anybody who will want to point accusing fingers at the state chairman of our party will be very unfair. He has been very transparent at every stage. “He never campaigned for any aspirant, he has worked so hard to make our party what it is. Not only is he looking after PDP members but the suffering people of Edo go to his house and they get food. The only reward we

can give to you for all you have done is to assure you that we will not rest until our state is rescued from the hands of APC. “There can be no continuity, Oshiomhole, your eight years has come to an end. Today there is no winner no loser, it is a family affair. The real battle will be in the days and weeks ahead. And I want to assure all of you that we will not fail. I will appeal to our people to go back to their wards and units and ensure that they register.” However, two other aspirants of the party, Iduoriyekemwen and Edebiri, who walked out of the

stadium before the results were declared, have rejected the results, alleging that the leadership of the party in the state led by Chief Dan Orbih threatened delegates to vote for Ize-Iyamu or they will be removed as delegates. Reacting, Edebiri who said the exercise was a conspiracy from the leadership of the party in the state to impose Ize-Iyamu, said: “Orbih threatened few weeks ago that he would make sure that I do not get the ticket because he accused me of working against him during party chairmanship congress. He promised that he would ensure I do not get the

ticket. “Last week. he started giving directives to party leaders to deliver Ize-Iyamu.” Meanwhile, the announcement of the outcome of last Saturday’s All Progressives Congress (APC) governorship primary which saw the emergence of Godwin Obaseki as the winner has provoked condemnation by the Ogiemwonyi and Imansuangbon Campaign Organisations, alleging that the figures were electronically manipulated. In a joint press briefing by Dr. Chris Ogiemwonyi and Kenneth Imsnsusngbon in Benin-City

yesterday, both politicians called for total cancellation of the entire result. They also called on the national leadership of the APC and the party Primary Appeal Panel to order the repeat and resorting of all the ballot papers used for the primaries as well as the forensic analysis of all the ballot papers and finger print on the ballot papers. According to them, the demands became necessary and urgent because majority of the delegates believe that the ballot papers used for the primaries have been compromised. The duo however said they do

not in any way suggest the lack of confidence in the committee that conducted the primaries, but an alarm that calls for the thorough investigation of the source and credibility of the ballot papers for a transparent primaries. “A criminal investigation has become necessary because the party members hold strong views that no one individual or group should be allowed to destroy the good image of APC and its leadership which is committed to free and fair primaries, internal democracy and democratisation in Nigeria,” Ogiemwonyi and Imansuangbon stated.

TUESDAY, JUNE 21, 2016 • T H I S D AY

NEWS

Osinbajo Seeks Defined Role for Legislature Speaker, Fashola disagree on legality of constituency projects Damilola Oyedele inAbuja Vice President Yemi Osinbajo has called for a clear definition of the role of the legislators to making laws for the country and oversight functions on the executive arm of government. This is as the Speaker of the House of Representatives, Hon. Yakubu Dogara, and the Minister of Power, Works and Housing, Mr. Babatunde Fashola, differed on the roles of legislators and constituency intervention projects. Speaking at the ‘National Summit on Political Representation, Constitutional and Zonal Intervention Service’ in Abuja yesterday, Osinbajo said the primary role of the legislature which is to make laws had been misconstrued, as legislators are now expected to build roads, and provide infrastructure in their constituents. He therefore urged the participants at the summit, which was organised by the House and the Conference of Speakers in collaboration with the National Institute for Legislative Studies (NILS), to properly define and outline their roles for their constituents. Osinbajo who was represented

by his Special Adviser on Political Affairs, Senator Babafemi Ojudu, reiterated that providing infrastructure is the role of the executive. “The primary role of the legislator is to make laws, but for most constituents, these does not matter. No matter the fine points of law you raise, no matter the bills and motions you raise in all your deliberations, the constituents believe that until you provide them with boreholes, until you provide them with generators or transformers or build roads, you have not achieved much. That is nothing. So, I would advise that your roles be clearly defined as people who supervise the executive and not execute projects,” he said. Fashola, in his address, said constituency projects are not provided for in the constitution and are therefore just conventions. He cautioned lawmakers against usurping local council projects in the pursuit of constituency projects. “Therefore, in seeking to find perhaps the legal framework for the operation of constituency project, we must avoid the risk of crowding out, where legislators at the national level are made strictly

to implement constituency projects that involve primary health care centres which are projects meant for the local councils,” he said, Dogara however disagreed, noting that constituency projects are constitutional, arising from demands by citizens for equitable and even distribution of infrastructural development projects. He cited sections 14 (3), 15 (4), 16 (1) and (2), and sections 13 (1) of the 1999 constitution, as amended, and added that it is a significant constitutional

duty and responsibility of a legislator to ensure that projects are evenly distributed to all federal constituencies in Nigeria. “Some pundits have criticised constituency intervention projects on the ground that it offends the constitutional separation of powers doctrine as legislators are perceived to be dabbling into exclusive functions of the executive arm. This criticism misses the point. “At least in the last three budget cycles, the president has always included constituency projects in the Appropriation Bills sent to the

House, including that of 2016. So the executive in effect initiates the projects under S. 81 of the constitution, although with the tacit understanding of the legislature,” Dogara added. The Speaker added that the Appropriation Bills, which the constituency projects are included in, are laws. “It is erroneous to contend that there is currently no legislative framework for constituency projects in Nigeria…These MDAs process for tender and bidding by contractors like any other project

and are awarded to qualified contractors in fulfillment of the Public Procurement Act, 2007,” he added. The Secretary to Government of the Federation (SGF), Mr. David Babachir Lawal, at the event, harped on the readiness of the government to block all loopholes in the execution of constituency projects which allow for the siphoning of funds. He noted that past intervention efforts have failed due to embezzlement, diversion, impunity and wastage of funds.

FG to Arraign Former NNPC GMD, Oil Magnate, Omokore July 4 Senator Iroegbu and Alex Enumah in Abuja The federal government will on July 4, 2016, arraign a former Group Managing Director of the Nigerian National Petroleum Corporation (NNPC), Andrew Yakubu, an oil magnate and owner of Atlantic Energy Limited, Jide Omokore, and others before at the Abuja

division of the Federal High Court. But for the inability of the prosecution to bring the accused together in court, their arraignment would have taken place yesterday before Justice Binta Nyako. Prosecuting counsel, Rotimi Jacob (SAN), while confirming the development, said since all the suspects were not in court,

the prosecution would not want to arraign them piecemeal. “The accused persons are scattered across the country and we are trying to avoid a situation whereby the accused persons will be arraigned separately. “What we are trying to do now is to gather all the accused persons and I believe we should be able to arraign them on July

4,” Jacobs said. Jacobs further disclosed that the prosecution would be amending the charges against the accused. Others to be arraigned alongside Yakubu and Omokore are Victor Briggs, Abiye Memnere, David Mbanefo, Atlantic Energy Brass Development Limited

Cont’d on Pg 40

T H I S D AY TUESDAY JUNE 21, 2016

T H I S D AY • TUESDAY, JUNE 21, 2016

COMMENT

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

LEADERSHIP IN AFRICA

Salim Ahmed Salim defends the criteria for the Mo Ibrahim prize for leadership in the continent

n every country and every continent, the quality and contribution of leadership in government is critical. It is presidents and prime ministers who have the responsibility of assessing the risks, choosing the correct priorities for their country and focusing national efforts to ensure they are delivered. Get these decisions right and a country and its people can move forward no matter what obstacles are in their way. Get it wrong and, despite commitment and hard work, progress will stall or go into reverse. But the importance and contribution of executive leadership is, in many ways, far greater in Africa. The continent’s problems are, after all, so much more severe and complex. Even a global challenge such as climate change is already having a more damaging impact on Africa than other regions. The continent’s leaders have to meet these problems with far fewer resources than those in wealthier countries have at their disposal. They also lack the institutional support on which their counterparts elsewhere can rely. The absence of mature well-functioning institutions or a strong democratic culture makes leadership much harder and the achievements of those which rise above the challenges are remarkable. This was the background against which the Ibrahim Prize for Achievement in Leadership in Africa was established in 2007. By highlighting exceptional leadership, our aim was to provide role models for the qualities needed at all levels of African societies. The award itself was also intended to provide the means for those honoured to continue their contribution to their continent once they had left national political office. Retired leaders outside of Europe and North America rarely have the generous pensions or well-paid directorships that give them the freedom to subsidise public duties. Having funded the Prize through his foundation, Mo left the decision of whether, and to whom, the Prize should be awarded each year to an independent committee on which he does not sit nor attempt to influence. The committee, which I now have the honour to chair, meets regularly during the year as we did again last week to consider potential candidates for the 2015 award. It was, in fact, our tenth conclusive meeting which is a good time to take stock of what’s been achieved in the last decade. What’s clear is that the Prize has been successful in focusing attention and stimulating debate on the importance of leadership in Africa. It has also provided the platform, as was hoped, for outstanding individuals to continue their invaluable work in public life. President Pires, the 2011 Laureate, has used the Prize to set up an Institute for Leadership to give young leaders the capability to drive development in Cape Verde and across Africa. The 2008 Laureate President Mogae has brought high-profile African figures including the 2007 Laureate President Chissano and the 2014 Laureate President Pohamba together in Champions for an HIV-Free Generation to press for effective solutions to the disease. Both Presidents Chissano and

WE EXPECT CANDIDATES, THROUGH THEIR LEADERSHIP, TO HAVE LEFT A VERY STRONG LEGACY WITH THEIR COUNTRY, INCLUDING ITS DEMOCRATIC CULTURE, IN A FAR BETTER STATE THAN WHEN THEY TOOK OFFICE. IT GOES FAR, FAR BEYOND REQUIRING LEADERS TO STEP DOWN WILLINGLY AT THE END OF THEIR CONSTITUTIONAL TERM

Mogae have also been active in mediating conflicts and disputes, notably in Madagascar, Northern Uganda and South Sudan. All are involved in promoting strong governance in Africa. But any reflection on the last decade also reveals confusion over how the committee comes to its decision and the criteria we use. An indication of this is how on those occasions when the committee decides not to award the prize, as happened last week, our decision is seized on as indictment of the poor standards of leadership on the continent. This is a misunderstanding of the scope and purpose of the Ibrahim Prize. From the very beginning, the bar set for the Prize has been extremely high. It recognises not good leaders - of which Africa has many - but truly exceptional figures which, by their nature, are rare… So it is not surprising that there have been years when the Prize is not awarded. When we make our decision, the committee draws heavily on the first-hand experience of the unique challenges of political leadership of our members, in Africa and beyond. This allows us to assess excellence in leadership against the diversity of national challenges. In some case, this might be – as in the example of President Chissano, the first Ibrahim Laureate – the role played in healing the divisions of a country torn apart by civil war. In other cases, as was the position with President Mogae, the second Laureate, it is keeping a country’s progress on track in the face of unprecedented challenges. What connects all the Laureates is the transformative impact their leadership had on their country and on their people. We expect candidates, through their leadership, to have left a very strong legacy with their country, including its democratic culture, in a far better state than when they took office. It goes far, far beyond requiring leaders to step down willingly at the end of their constitutional term. There have also been complaints that by limiting the Prize to such a narrow group of solely political leaders, the contribution of those in civil society or business, for example, is being dismissed or denigrated. This again is simply not true. All Board and Prize Committee members are aware that the success of a country and society depends on the efforts of many people and many leaders. But we also believe that without leadership at the top in government, these efforts will not reap the rewards they deserve. This is why the Ibrahim Prize focuses on political leadership. And it is, of course, always open to others to recognise the contribution of others in national life. As Mo has said, he never intended this Prize to have a monopoly of celebrating good leadership. The greater the focus there is on leadership in all sectors and at every level, the faster we will see progress in Africa. Dr. Salim is chair on Ibrahim Prize for Achievement in Leadership in Africa

EIGHTH TIME LUCKY

The so-called forgery of Senate Rules is an unnecessary distraction, argues Nwobodo Chidiebere

he eighth Senate recently celebrated its one year in office. The political machination and hullaballoo that heralded the emergence of its bipartisan leadership, is gradually settling down. I will wish to use this medium to extend my congratulations to leadership of Senate under the watch of Dr Bukola Saraki—the Senate President, for steering the turbulent ship of 8th Senate for one year in the midst of controversies that greeted its emergence against permutations and projections of anti-democratic elements cloaked as party leaders. Of worthy of note and acknowledgement was the re-election of Senator Ike Ekweremadu as deputy Senate president for unprecedented three consecutive terms. His third political voyage as deputy Senate president of eighth Senate is unparalleled, having been elected as deputy Senate president in All Progressives Congress’ slight majority Senate. Dr Ekweremadu’s third missionary journey as deputy Senate president was not as a result of the so-called pre-Senate leadership election deal between Dr Bukola Saraki and the PDP senators, but a proof of his legislative prowess cum bipartisan overwhelming support in the Senate. After the emergence of the leadership of eighth Senate, some aggrieved senators who believed that they were outfoxed in the political chess game that enthroned Saraki and Ekweremadu as Senate president and deputy, respectively, went to court under the oxymoronic name of Senate Unity Forum to challenge electoral processes which threw up these gentlemen as co-pilot of the Nigerian Senate. After tactless shenanigans and media grandstanding as regards the forgery case at Federal High Court, Abuja, the stark reality of be-

ing on wild goose chase has finally enveloped the consciousness of these senators, who have silently withdrawn their support from the dead-on-arrival case for lack of substantial evidences and empirical facts. A new twist is being added to this forgery allegation case. There is unfolding conspiracy by those I will describe as political scavengers and tyrannical elements, who are ardent ideologue of absolute political power which contradicts democratic norms and ethos. These are dark agents of dictatorship whose morbid intention is to cripple or annex legislative arm of government by subjecting the current Senate leadership under perpetual torments and harassment, using state institutions cum apparatus, while masquerading its extremist exploit to decimate opposing views under the guise of anti-corruption fight. Prior to now, hitherto strong critics of this administration have been thrown into jail extrajudicially using every flimsy corruption allegation the scavengers could lay hands on. Even the dumbest political neophyte knows that on-going persecution of Senate President Saraki has political coatings on it. Those who thought that the entire Senate leadership could be cowed into becoming a rubber stamp chamber by dragging Senate President Saraki to the Code of Conduct Tribunal, has been flabbergasted by the resoluteness of the Senate and its leadership to protect legislative independence—which represents the bedrock of our nascent democracy. Since the promulgation of eighth Senate, deputy Senate President, Ekweremadu has been playing the role of a stabilising force in the Senate. His proven leadership experience vis-à-vis emotional intelligence has helped to bring stability and confidence in the leadership of Senate, irrespective

of distractions being faced by Senator Saraki as a result of his trial at CCT. Dr Ekweremadu, being the de facto leader of the opposition party, the PDP by virtue of the position he is presently occupying, has not hesitated in offering constructive criticisms on how the Nigerian state is being run by the President Muhammadu Buhari-led APC government. His objective critic of the government in some national issues is not borne out of hatred for President Buhari or for the sole purpose of playing extremist opposition but the love of the country which was epitomised in his recent book—“Who will love my country; ideas for building the Nigeria of our dreams.” From the unfolding events in the last few weeks, it appears that the tyrants in this administration abhors Senator Ekweremadu’s patriotic role in stabilising the 8th Senate in the absence of Senate President Saraki, and his courageous statements in the face of rampaging dictatorial tendencies. Those anti-democratic elements, who view Ekweremadu as the only standing objective/ opposing voice has being scavenging all the political debris looking for what to deplore in tarnishing his unblemished integrity in the eyes of some politically naïve Nigerians. This desperate plot to rob in Ekweremadu began few weeks ago when unsolicited and premeditated anti-corruption ambassadorial award was given to him in his office by representatives of EFCC in the National Assembly, and was vehemently denied in less than 24 hours by the same commission just to embarrass Ekweremadu. It has been placed on record that he never lobbied or canvassed for such an award and did not deserve such media embarrassment which placated the bloated ego of those gunning for his head. The endless voyage of illusions being embarked

upon by political scavengers, who are incidentally turning into avengers, just to get at Ekweremadu for daring to express his constitutional rights to contest the position of deputy Senate president, is being brought to fore by current move to instigate criminal charges against Saraki, Ekweremadu and the outgone clerk of the National Assembly, Alhaji Salisu Maikasuwa on the baseless and unsubstantiated allegation of conniving to forge Senate rules, which is yet to be proven by the now foot-dragging Senate Unity Forum in the ill-fated suit they filed at Federal High Court, Abuja. No single senator both past and present, has come out to elucidate the misery behind the socalled forgery of Senate rules. Ironically, a former senator who served as consultant to the defunct Senate Unity Forum- has not told Nigerians how and where the criminal act was perpetrated. It has been reported from unconfirmed sources, that the political scavengers who are on vengeance mission against Ekweremadu may be planning to use upcoming long vacation of the National Assembly to extend the persecution of Senate President, Saraki to his loyal deputy—Senator Ekweremadu. Their illogical thinking is that, fighting Senate president and deputy simultaneously may shut down the Senate, thereby exposing their mission of destroying the legislative institution to discerning Nigerians. I think this administration has opened several political battle fields—which are not only draining its energies but distracting it from fulfilling its tall campaign promises to already economically strangulated Nigerians, and should not complicate national issues by embarking on another ill-fated mission of political conquest at the detriment of national development via good governance. Chidiebere wrote from Abuja

T H I S D AY • TUESDAY DAY, JUNE 21, 2016

EDITORIAL ADDRESSING THE NIGER DELTA CRISIS It has become necessary to enter into dialogue with the Niger Delta Avengers in order to end the violent and costly conflict

he Niger Delta Avengers, a new militant group, has in the past few months engaged in the singular preoccupation of sabotaging oil infrastructure in the Niger Delta. Besides causing so much outrage across the nation and beyond, these waves of attacks have profound implications for our national well being. In the midst of a global oil price slump, the assault by the Avengers is like adding salt to injury. By the last count, Nigeria was said to be losing about 800,000 barrels per day which has downed the nation’s crude oil output to 1.4 million bpd, perhaps the lowest in decades. “The incessant attacks on oil facilities have led to Nigeria losing its place as Africa’s largest oil producer because its oil output has fallen to a 22-year low,” said Ekpenyong Ayi, a member of the House of Representatives from Cross River State. The security agencies are also being stretched to the limit. The latest violence has opened yet another conflict with all the security implications at a time the nation is trying to end the menace of the Boko Haram violence in the North-east and WE CONSIDER the irritations of the KACHIKWU’S RECENT Indigenous People of MOVES TO DOUSE THE Biafra (IPOB) in the TENSION AS WISE AS Southeast. IT HAS BECOME VERY However, the IMPORTANT FOR THE initial response to the FEDERAL GOVERNMENT attacks were a series TO END THE VIOLENCE IN of threats and indeed THE NIGER DELTA the invasion of some the communities by the armed forces. But experience teaches that military action alone can hardly work. Indeed, despite the fact that the creeks were swamped with soldiers, the militants were often a step ahead as they continued to serially bomb oil facilities from the shores of Bayelsa through Delta to the coast in Akwa Ibom. Last week, they bombed a major pipeline belonging to the Nigerian Agip Oil Company in Brass Local Government Area of Bayelsa which sparked a fire incident with the accompanying thick smoke to

Letters to the Editor

further pollute the environment. Yet as we have repeatedly asked, the question remains: What exactly does the Avengers want? In response to appeals and pressure from many quarters, including prominent Nigerians, the group listed the conditions under which it would lay down its arms – among which was the restructuring of the federation in accordance with the 2014 National Conference. They also asked for greater ownership of oil resources for the people in the oil-bearing states and environmental repair and compensation throughout the Niger Delta as being done in Ogoniland. In addition they wanted the continuation of the amnesty programme initiated by the late President Umaru Musa Yar’Adua administration.

I T H I S DAY

EDITOR IJEOMA NWOGWUGWU DEPUTY EDITORS BOlAJI ADEBIYI, JOSEph UShIGIAlE 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

n a recent editorial we had canvassed the need for the federal government to apply both the stick and the carrot as a way of addressing the haemorrhaging energy sector and dousing the tension in the air. We urged the government to persuade these groups to seek more peaceful alternative ventilation for their grievances and to deploy such persuasive force only to deter further infrastructure damage without alienating the unarmed populace. There is also the need to revisit the amnesty programme which the government said it would terminate in 2017 in addition to entering into a dialogue with any reasonable group ready for peace. Last week, Dr. Ibe Kwachikwu, Minister of State for Petroleum Resources, actually started what many had termed efforts at diffusing the tension when he visited the site of the contentious Maritime University at Kurutie in Warri South West Local Government Area of Delta State. The alleged scrapping of the university has caused much outrage and indeed its reopening was one of the demands of the militants. Evidently, the government is listening. Kachikwu reportedly assured the community that the government would intervene and continue with the project. We consider it a wise move as it has become very important for the federal government to end the violence in the Niger Delta.

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.

RAMADAN, SPIRITUAL REBIRTH AND SOCIAL CHANGE

asting in Ramadan develops in a person the real spirit of social belonging, of unity and brotherhood, and of equality before God. Ramadan offers Muslim faithful a unique opportunity to move closer to God and inspire spiritual rebirth and revival. In climes where nationalistic Muslim leaders and scholars exist, the month of Ramadan is a platform to use the guidance of Holy Scripture to rally the people and inspire spirit of identifying with the nation and proffer answers to some of the national questions as the month emphasises mankind and not Muslims. National questions are solved easily where people, especially scholars understand their social responsibility and live up to standard. As the fasting of this year Ramadan progresses, it is important to understand that simply keeping away from food and drink is not sufficient to reap the benefits of fasting and to attain piety as mentioned in the Holy Qur’an. The purpose of the fast is to help develop self-restraint, self-purification, God-consciousness, compassion, the spirit of caring and sharing, love of humanity and God. Fasting in Ramadan must develop in a person the real spirit of social belonging, unity and brotherhood and of equality before God. This spirit is the natural product of the fact that when people fast they feel the hunger and hence worries and stresses of the less- privileged and the have-nots in the society. Fasting is a more comprehensive action that should help the leadership in striving to eradicate poverty and shun financial mismanagement of the nation’s resources. Indeed, a fasting person is one whose limbs withhold from sins,

his tongue from lies, foul speech and falsehood, his stomach from food and drink and his private parts from sexual intercourse. These he does, seeking nothing but the pleasure of Allah and Allah alone. “If you do not abstain from evil words and vile deeds,” says the Holy Prophet, “God has no need of your abstinence from food and drink”. This is how Ramadan fast is meant to teach Muslims not only to lead an innocent and spotless life, but also to be peace loving. How pathetic is our situation in this fantastically blessed nation? We have been fasting for ages, and yet poverty, corruption, terrorism, inequality and tribalism remain constant blights in our country. Now, can we use the opportunity of this fasting month to critically examine our national problems and with the fear of Allah chart a progressive path for this fantastically blessed country? Will our leaders attain piety and sincerely face the task of serving the country and eschew corrupt tendencies? Ramadan fasting should not be seen as a duty to be completed in any manner, but as a tremendous opportunity to elevate our ranks in the hereafter by becoming pious with a desire for social change. Ramadan fasting should lead to improved moral and spiritual revival as the month “opens the gates of paradise and closes the gates of hellfire while the devils are chained.” A great opportunity for personal and national rebirth knocks at the door of Muslims with the arrival of this glorious month. Allah says: “O you who believe, fasting has been prescribed to you as it was prescribed for those before you, that you may attain piety” (Qur’an Chapter 2 vs 183). “When you are fasting,” asserted the

Apostle of Allah, “abuse not anybody, and if a person disputes or fights you, turn away from him by saying, ‘I cannot fight because I am fighting.” Here, one wonders if members of the devilish sect called Boko Haram and the murderous herdsmen would also be fasting. We should have concern for our fellow countrymen at all times, but Ramadan is the time of the year when we can really feel for them and grab the rewards more than ever. It can be said that Muslims watch television and listen to radio mostly during the month of Ramadan. So, one of the best ways of doing Dawah is to directly engage in presenting programme on the media or be a sponsor. Late Chief Moshood Abiola and Alhaji Wahab Iyanda Folawiyo would not be forgotten on their efforts at sponsoring programmes both on radio/television during Ramadan. Pitiably, while there is no argument about appropriateness of radio/television to reach out to a large number of people, the sponsors of most programmes do so for personal aggrandisement, unwarranted publicity for themselves and above all, for self-seeking motives. It is common for such people to make their anchor man somebody who sings their praises throughout the duration of the programme without disseminating convincing message at the end of the day. What a better time to give Islamic perspective to the challenges and solution to our nation’s myriad of problems. At least, with beautiful messages disseminated on electronic media, people, even if not converted, will better appreciate the essence of the religion. Rasak Musbau, Lagos State Ministry of Information and Strategy, Alausa, Lagos

T H I S D AY • TUESDAY, JUNE 21, 2016

POLITICS

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

EXECUTIVE BRIEFING

The Ghost of Buhari’s Certificate Scandal Resurfaces Despite President Muhammadu Buhari’s spirited efforts to sweep his certificate scandal under the carpet, the issue resonated last week in court and may not go away anytime soon. Davidson Iriekpen writes

fter much ado, a Federal High Court in Abuja last Thursday adjourned indefinitely, the suit filed by a legal practitioner, Nnamdi Nwokocha-Ahaaiwe, to challenge the educational qualification of President Muhammadu Buhari. Nwokocha-Ahaaiwe, in his suit contends that Buhari was not qualified to run for the office of the president because he did not possess the minimum qualification to run for the office. He alleged that Buhari did not sit for the Cambridge West African School Certificate (WASC) Ordinary Level in 1961 as claimed. WASC O’Level is the minimum qualification required to contest for the office of the president. When the case came up last Thursday, the presiding judge, Justice Ademola Adeniyi adjourned further hearing on the matter to await the decision of the Court of Appeal on the appeal President Buhari lodged against the suit. Listed as defendants in the substantive action, which the plaintiff initiated before the 2015 presidential election are the Independent National Electoral Commission (INEC) and the All Progressives Congress (APC). Rather than tender his certificate and put an end to the controversy, President Buhari has engaged a consortium of lawyers, comprising 13 Senior Advocates of Nigeria, to defend him both at the high court and the Abuja Division of the Court of Appeal. On the legal team are Chief Wole Olanipekun (SAN), Mr. Lateef O. Fagbemi (SAN), Chief Akin Olujinmi (SAN), Oluwarotimi O. Akeredolu (SAN), Kola Awodein (SAN), Prof. Taiwo Osipitan (SAN), Charles Edosomwan (SAN), Emeka Ngige (SAN), Femi Atoyebi (SAN), Femi Falana (SAN), Funke Aboyade (SAN), H.O. Afolabi (SAN), Muiz Banire (SAN), and 10 other counsel. Justice Ademola had on May 26, 2016 dismissed Buhari’s preliminary objection over mode of service. Being a candidate of the APC, NwokochaAhaaiwe had served the court processes on the president at the national secretariat of the party in Abuja. But Buhari objected and filed a preliminary objection to challenge the mode of service, insisting that he ought to have been served at an address in Kaduna instead of by substituted means at the national secretariat of the APC in Abuja. Justice Ademola, in his ruling, held that it was incompetent and upheld the service of the originating court processes on Buhari. The judge held that the service of the court’s processes on the president through the secretariat of the APC was proper. The court was satisfied that if it was served on a senior officer of the APC at the national headquarters, it would be brought to Buhari’s attention. Dissatisfied with this ruling, Buhari filed a notice of appeal at the Court of Appeal, Abuja Judicial Division on seven grounds of appeal. In the buildup to the 2015 presidential election, there was controversy over the academic credentials of Buhari. The president allegedly did not include his WASC certificate in the binder of documents he tendered to INEC as required for candidates in an election. He however wrote to INEC, saying his secondary school certificate was with the military board. As the controversy intensified, the military in a well-publicised press conference, said it did not have the document in its possession. Rather than present the certificate, Buhari in his second defence, said: “I have always assumed that my credentials were with the military but now we are being told that they do not have my documents in their custody.” Finally in his third defence, Buhari said his certificates were with INEC. Like the certificate scandal that rocked Governor Bola Tinubu of Lagos State in the

Buhari...a test of his integrity

early 2000, the APC with its machinery rose in strong defence of the president. And soon, the party overwhelmed the cacophony of voices that rose against the president. At the end, they succeeded in intimidating every opposition against the certificate scandal into submission and the issue swept under the carpet. Even those who initially went to court to challenge the action soon withdrew their suits on suspicious grounds and an opportunity was given to the president to run away with alleged infractions. Undaunted, Nwokocha-Ahaaiwe refused to withdraw his case. In an originating summons

From all that had transpired so far on the suit, it is clear that nothing good will come out of the case because of his capacity to muscle everything and everyone. But the stigma too will remain glued to him like a leach. Besides, it will go a long way to show that Buhari may not be what and who he feigns to be and might have been greatly overrated as evident in his handling of the country

he filed in February 2015, at the Federal High Court, Abuja, the legal practitioner prayed the court to among others declare that Buhari was unqualified to aspire to the position of president not having sat for the secondary school certificate and also deposing to a false affidavit about his educational qualifications contrary to the Electoral Act. But Buhari and the APC instead of entering their defence on merits or present the certificates obtained by Buhari, for over a year, ignored the suit and failed to file any defence. Till date, a lot of Nigerians are surprised that over a year after the controversy broke, Buhari has still refused to produce his certificate and lay the issue to rest. Just like the Tinubu case, they are wondering if the president would be allowed to get away with the alleged infraction. A cross-section of Nigerians, who spoke with THISDAY, wondered why it is difficult for the president to tender his credentials if he actually sat for the examination as he claimed. They submitted that with his standing in the society, even if the certificate was missing, getting another one would be the simplest thing to do. While speaking with THISDAY last week, Nwokocha-Ahaaiwe provided an insight into how the president’s certificate scandal might have started. “As everyone now knows from available records at the disposal of the general public, Buhari registered for the Cambridge WASC, when he was in his final year in Provincial Secondary School, Katsina. He was given an examination number, but before he could sit for the examination, the Nigerian Army started recruiting with the minimum requirement being possession of a WASC or the equivalent at that time. The recruitment was supposed to be for those who had already sat for their WASC and obtained a certificate, i.e. the High School graduates of the previous year and not for Buhari’s set, who would be qualified to apply the following year after sitting for their WASC. Since he did not have any WASC, having yet sat for the exam, Buhari got his Principal to issue him a recommendation letter in lieu of his WASC. “All these are matters of public records and I

am sure you also saw a bromide of that recommendation letter when it was published. Buhari was enlisted into the Nigerian Army with his Principal’s recommendation letter and not his WASC. Having been enlisted, Buhari reported at the Army Depot for training and commenced his military career. He never went back to sit for the WASC and that is why the Nigeria Army called a press conference at the height of the controversy and stated unequivocally that no WASC had ever been found in his file. “You will recall that the Director of Army Public Relations (DAPR) at their January 2015 press conference said as follows and I quote: ‘In his personal file in the Nigerian Army, he does not have his original copy of his WASC, nor the Nigerian Army have the certified true copy of his WASC results, neither do we have a photocopy. We don’t have that but we do have other documents to show how he was recruited into the Nigeria Army as was entered on Form 199A.” “Needless to say, that ‘other documents’ which the Army has and which shows how Buhari was recruited is the principal’s recommendation letter. You may also recall that at the height of the controversy in early 2015, some Nigerians wrote to the University of Cambridge requesting the school to furnish them with details of the contents of Buhari’s file relating to the Cambridge WASC he registered for but the university responded that they can only act at the written request of the candidate himself. “Buhari blatantly refused to request Cambridge to release those details so we could confirm conclusively if he ever sat for the exam he registered for and if any certificate was ever issued to him. Indeed, you may also recall that upon assuming and being sworn into the office of president, one of Buhari’s first official visits was to England, and the popular joke then which went viral on social media was that he would use the opportunity of that visit to go to Cambridge University and request them to release a copy of his certificate if it ever existed, but that never happened.” CONTINUED ON NEXT PAGE

T H I S D AY • TUESDAY, JUNE 21, 2016

EVENTS&REPORTS

Commemorating the Ideals of June 12 As part of the activities to mark this year’s June 12 anniversary, the Committee for the Defence of Human Right recently organised a symposium to commemorate the ideals of the day, report Ugo Aliogo and Joan Madubugwu

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It is true that the presidential election was generally seen to be free, fair and peaceful. However, there was in fact a huge array of electoral malpractices virtually in all the states of the federation before the actual voting began. There were authenticated reports of the electoral malpractices against party agents, officials of the National Electoral Commission and also some members of the electorate. “If all of these were clear violations of the electoral law, there were proofs of manipulations through offer and acceptance of money and other forms of inducement against officials of the National Electoral Commission and members of the electorate. There were also evidence of conflict in the process of authentication and clearance of credentials of the presidential candidates.” These were the words of Gen. Ibrahim Babaniganda, after the annulment of the 12 June presidential election involving the late Chief Moshood Abiola of the defunct Social Democratic Party (SDP) and Alhaji Bashir Tofa of the National Republican Convention (NRC). Twenty three years after, the pains of this memory have not healed. A majority of Nigerians, who witnessed the election, still recall all that happened vividly. They remember not only the experience, but how the election would have changed the course of political history in the country. In the political history of Nigeria, June 12 is a watershed that cannot be forgotten in a hurry. Different civil society groups commemorate the day in their own unique way. One of such groups is the Committee for the Defence of Human Right (CDHR), a leading rights group in the country. The group, as part of its activities to mark the day, organised a symposium, with theme: The Imperative of Proper Federation in Nigeria Through a Restructured Policy and also had topics on: ‘Human Rights in the Era of Change; Outstanding Issues and The Priority of Right Under Chapter 2 of 1999 Constitution. National President of CDHR, Malachy Ugwummadu, noted that the event was an opportunity to reveal to the Nigerian masses, the essence of the June 12 struggle, adding that it was aimed at demystifying some of the wrong notions that kept the people down for a long time. “The true Nigerian people cared less about religious diversity in the leadership recruitment process, as a result, it was easy for the people to rally around the ticket that had two Muslims, MKO Abiola and Babagana Kingibe,” he added. He explained that June 12 was centered around the core questions of the objectives of any democratisation process, which is to deliver the dividends of democracy to the people, stressing that the people supported the party that promoted their welfare.

The APC government has failed the expectations of Nigerians who voted for them. They were voted to bring change to the nation in a lot of ways. The challenge that faces the Nigerian people is to form a political party of the masses in line with that of MKO Abiola. Restructuring is not the primary cause of poverty that faces us as a nation, rather the challenge we face as a nation is that the resources of Nigeria are being used to satisfy the greed of the leaders instead of the needs of the ordinary people

Abiola...an icon in national history

The CDHR president further stated that there was a serious disconnect between the ruling class and the people, therefore, was a need to bring back to the people the ideals of June 12 struggles. “The earlier we domesticated those ideals and inculcated them in our processes, the better for us.” Ugwummadu stressed that CDHR has been on the forefront of pushing the struggle for a better society, adding that they are not only involved in physical struggle, but also in serious documentation of well researched literatures to ensure that the facts of history are distorted. “What we do as an organisation is to keep track of the promises made, whether fulfilled or betrayed by the government in power through our documented literatures, so if they have deviated at any point, we remind them of it through that process.” A legal practitioner and human rights activist, Femi Aborishade, noted that the essence of commemorating June 12, is to remember the sacrifices made by Abiola, “who insisted on

claiming the 60 per cent of votes given to him by the electorate in 1993, which the military refused to declare.” He said the refusal by the military to give up power led to the masses rising up to say that they were not slaves and their choice could not be annulled, adding that the day also marks the people’s rejection of military dictatorship and the right to insist on voting for the right person to lead them politically. In another development, Aborishade frowned at the plans of the Oyo state Governor, Abiola Ajimobi, to privatise secondary schools, calling on rights organisations to rise up and kick against the plans. “Nigerians need to insist that the resources of the nation should be used for the common good of the masses, privatisation of secondary schools is unconstitutional.” He urged the public not to allow a situation, where elected leaders rule the state without aligning themselves with the provisions of the constitutions, while urging the people to come together as a united front in the fight for a better society.

“We must develop a programme around which people can unite. The masses are always fighting, but we don’t have a united political organisation to push the agitations in different quarters. We will continue to fight and identify programmes towards the emancipation of our people. Kudirat Abiola remained committed to the mandate of the people while she was alive. “The APC government has failed the expectations of Nigerians who voted for them. They were voted to bring change to the nation in a lot of ways. The challenge that faces the Nigerian people is to form a political party of the masses in line with that of MKO Abiola. Restructuring is not the primary cause of poverty that faces us as a nation, rather the challenge we face as a nation is that the resources of Nigeria are being used to satisfy the greed of the leaders instead of the needs of the ordinary people. Restructuring is a programme of the elite and the political class. Nigerians are insisting on their welfare.”

THE GHOST OF BUHARI’S CERTIFICATE SCANDAL RESURFACES Also speaking on the issue, a public affairs analyst, Samson Edegbai, said it was obvious that Buhari does not have the WASC certificate, wondering why it is difficult for him to tender same. He argued that if the president actually has the certificate, he would have long produced it. “One of the greatest errors in the 2015 presidential election was allowing Buhari to contest. It is very unfortunate that man who did not have the basic qualification for an office was allowed to enter the race because he belongs to the party that makes the loudest noise and intimidates opponents more. I still cannot understand why a man, who should have been charged for perjury and forgery is getting away with it? This is a big shame to this country. “We know that Buhari had contested the presidential elections three times in the past and got away with the perjury but the 2010 Electoral Act as amended seemed to have upped the

cut off marks for the 2015 presidential election beyond his previous qualifications that he used in 2003, 2007 and even 2011. The law seems a bad law for him and his APC. But you see, the law is the law and must be applied. “Just imagine this: In his affidavit submitted to INEC, Buhari said his documents were with the Military Secretary Board. When the military had come out to say they were never in possession of his certificates, Buhari in his second defence in his well publicised press conference, Buhari had this to say: ‘I have always assumed that my credentials were with the military but now we are being told that they do not have my documents in their custody.” Haba! 30 years after he left the service of the Nigerian Army, he still left your certificates with the Army, even the original certificates at that? What documents did he use to apply for the PTF job then? “Buhari then said his former secondary

school will release his certificate on his behalf. True to type, the Ministry of Education, Katsina State through one Government College, Katsina released a statement of result for one ‘Mohamed Buhari’ ostensibly on behalf of Muhammadu Buhari as his certificate. Surely the name Mohamed can never be the same with Muhammadu. Something is wrong somewhere and must be corrected. “Finally, in his third defence, Buhari said his certificates are with INEC. From the above scenario, Buhari’s certificate is messier. It is obvious from the above that the man does not have any certificate and was not qualified to run for office ab initio. It is very sad that Nigerians allowed themselves to be fooled and cowed by the APC. This was the same way Tinubu escaped with certificate scandal in the early 2000. It was his party then, AD (Alliance for Democracy) which metamorphosed into APC that equally did it, pushing Nigerians

to submission. “It is really a great thing of interest to Nigerians and the international community to witness Buhari, who campaigned on the mantra of fighting corruption and is busy clamping people into detention telling lies about his certificates and qualifications. We expected Buhari to have stood on one defence on this his certificate issue. It is sad.” From all that had transpired so far on the suit, it is clear that nothing good will come out of the case because of his capacity to muscle everything and everyone. But the stigma too will remain glued to him like a leach. Besides, it will go a long way to show that Buhari may not be what and who he feigns to be and might have been greatly overrated as evident in his handling of the country. This is why many analysts believe that Buhari going on appeal instead of producing his certificate is a ploy to dump the case there.

T H I S D AY • TUESDAY, JUNE 21, 2016

UPDATE&TRENDING

Kogi APC Crisis Festers Chairman, Senate Committee on the Federal Capital Territory, Senator Dino Melaye, recently stormed the national secretariat of theAll Progressives Congress inAbuja with other aggrieved members of the party from Kogi State, where he accused Governor Yahaya Bello of anti-party activities. The development marked a new turn in the crisis-torn Kogi APC. Yekini Jimoh writes

ecently, some members of the All Progressives Congress (APC) from Kogi State, led by Senator Dino Melaye stormed the national secretariat of the party in Abuja, where they accused the state governor, Alhaji Yahaya Bello of anti-party activities. They also claimed to have set up committee to investigate the governor. Dino and other members of the party felt that Governor Bello was more or else a lone ranger not ready to bring on board other members of the party. So far, Bello has constituted his cabinet, appointed Secretary to the State Government, Chief of Staff, Special Advisers, Senior Special Assistants, Commissioners, administrators into 21 local government councils and some boards. Although most of the appointees are young people, some stakeholders in APC said the appointments cut across the three senatorial district of the state. They said the governor tried to avoid a situation, where some people who served about 10 years ago are still interested in serving in his present administration. THISDAY reliably gathered from top government functionaries that there was a particular politician in the state, who had served over 15 years ago and wanted to be appointed as a commissioner in this present administration. According to the stakeholders, the governor was very careful in choosing his cabinet and appointing people into his government. Prior to the appointment of administrators into the 21 local government councils, THISDAY investigation reliably gathered that a top member of APC approached the governor and told him to allow him to appoint all the Administrators from his own Senatorial district, to which the governor allegedly objected.

Bello (r) with Ametuo...the gradual parting of ways

Some are of the belief that the governor was avoiding a situation, where some APC stakeholders would want to highjack the structure from the governor for obvious reasons. So, it was not a surprise to the government, when some aggrieved members of APC from the National Assembly, House of Assembly, party executives and prominent party leaders stormed the APC national secretariat in Abuja to table a case against the governor. The members led by Senator Dino Melaye said they had set up a panel to probe the governor. Members of the disciplinary committees are: Senator Dino Melaye (Chairman), Hon. S.T. Adejoh (Secretary), Senator Mohammed Ohiare, Senator Abubakar Abdulrahman, Senator Nicholas Ugbane, Alhaji Haddy Ametuo, the APC Chairman in Kogi State, Hon. Buba Jibril, Hajia Hajara Aliyu, Hon. Folasade Joseph and Hon. Suleiman Ali. The party men, who made the resolution after a crucial meeting in Abuja, accused the governor of engaging in anti-party activities. They, therefore, set-up the 11-member Disciplinary Committee to review the various allegations leveled against the governor, and report back within seven days. According to the resolution of the meeting, which was also attended by Ametuo, and read to journalists by Melaye, Bello allegedly made all the appointments without carrying the party along. For instance, they claimed that, “Out of the 15 Commissioners he (Bello) appointed, PDP has 13 card-carrying members while APC has two. Out of the 105 members of the Caretaker Committee members for the 21 Local Government Councils, PDP has 72 while APC has 33,” adding also that “Out of the 28 people appointed as Special Advisers and Senior Special Assistants, PDP has 24, APC has one, APGA has one, Labour has one, Accord has one.” The party said it acted based on the Article 12 (8) of the APC constitution to convey the meeting, where it had agreed to set up the committee made up of members from the three senatorial districts of the state to invite the governor, for necessary questioning. They said their action became imperative following an alleged decision by the governor to rebuff

all attempts to hold a meeting with the state working committee of the party since he was sworn-in. They also threatened necessary disciplinary actions against the governor in accordance with the party’s constitution in case he chose to disregard the party’s resolution. Part of the resolution reads: “After much deliberation, the House noted that Governor Yahaya Bello has substantially breached the provision of Article 21 of the constitution of the APC. The House, therefore, resolved to constitute a disciplinary committee of 11 members to invite Governor Yahaya Bello and give him the desired fair hearing.” Meanwhile, Governor Bello has described the allegations of anti-party activities against his government as a plot by those that did not mean well for the state. According to him, this group of people has continued to plot one form of distraction or the other aimed at bringing the government down, but will not succeed as “the majority of Kogites have decided to support our administration to turn around the fortunes of the state that have been on a downward slope”. In a statement issued by the Special Adviser on Media and Strategy to the governor, Mallam Abdulmmalik Abdulkarim, noted that the allegation is spurious and should be thrown to the dogs, insisting that “the members of the All Progressives Congress (APC) are well represented in Governor Yahaya Bello’s administration even though he has earlier made it clear that he was going to run an all-inclusive government.” The governor stressed that it was unfortunate some persons see themselves as the only people fit to hold public office in the state and be in control of government and anything outside that is either labeled anti-party or given another negative connotation to give the present administration a bad name. “Before now, this administration has stressed that owing to the endemic underdevelopment in the state and the need to quickly jumpstart our economy, we are open to allowing all Kogites to make input in this administration. We are prepared to operate an all-inclusive government and move ahead with a combination of politicians and technocrats that will drive

our idea of where we want to take Kogi State to,” he said. Part of the statement also advised “Any aggrieved member of the APC that is not happy with the present situation to ventilate his anger but join the new Direction train that is blind to ethnic, religious and political sentiments. “The recent appointment of commissioners could be seen to be an example of all-inclusiveness. For instances, the commissioner for Agriculture, Dr. Tim Ndice, hails from Bassa Local Government. The Commissioner for Transport, Salisu Sani Ogu is from Idah Local Government area and a staunch member of the APC in the state. His father, Alhaji Sani Ogu, is a chieftain of the party which any well-known politician can attest to. Others are Mrs. Justina Abanida, the Chairman, State Universal Basic Education Board, SUBEB, who hailed from Yagba West Local Government Area; Mr. Emmanuel Odiniya, the Executive Chairman, Bureau of Local Government Pension from Olamaboro Local Government area and so many others. “Most of the appointment made by the Governor had the input of the APC chieftains in the state including those crying foul. So, it is unfortunate to hear that party stalwarts were not carried along in the appointments and general administration of the state. This is not only untrue but a plot to misinform the people and create bad blood for the governor, who is trying all his best to unify the state as his appointments had shown. “No PDP member is part of the present government in the state, the allegations were totally false and an attempt to foment trouble having lost out in their evil machination and plot to frustrate the government in the state. We are committed to taking the state out of the present doldrums, emancipate the people from the shackles of poverty, and build a state of our dreams, where all will be proud of. But we will not allow those that have held the state down and want to be part of every administration in the state to draw us back,” the statement said NOTE: Interested readers should continue in the online edition on www.thisdaylive.com

T H I S D AY • TUESDAY, JUNE 21, 2016

PERSPECTIVE

AgeofCandidacyBill:ARenewedHopeforNigerianYouths Hon. Tony Nwulu’s bill advocating a review of the age of candidacies in the country is good news for the Nigerian youths, reckons Adebowale Adeniyi

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Let us acknowledge and celebrate what youth can do to build a safer, more just world. Let us strengthen our efforts to include young people in policies, programmes and decision-making processes that benefit their futures and ours.” - Secretary-General Ban Ki-moon’s message on International Youth Day, 12 August 2010. It was a renewed hope and excitement for the Nigerian youths on Wednesday, June 8, 2016, when the #NotTooYoungToRun Bill passed second reading at the House of Representatives. The bill was first introduced and sponsored by Hon. Tony Nwulu, Oshodi/Isolo Federal Constituency II of Lagos State on Wednesday May 26th, 2016. The Bill with gazette number HB 544 seeks to alter Sections 65, 106, 131, 177 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) to reduce the age qualification for the office of the president from 40 years to 30 years; Governor 35 to 30, Senate 35 to 30, House of Representatives 30 to 25 and State House of Assembly 30 to 25 respectively. The Bill also seeks to mainstream independent candidacy into Nigeria’s electoral process. The #NotTooYoungToRun Bill if completely and successfully passed, the interest of the Nigerian youths will be more protected and their destinies will be in their own hands. It will also enhance and increase opportunities for youths to contribute to democratic governance in Nigeria; promote inclusive politics, which will guarantee a level-playing field for all, promote adult-youth partnership in public governance which is in line with international best practices. The bill will limit the youths’ involvement in political hooliganism, gangster-ism, racketeering, violence and thuggery. The bill which will give way for independent candidacy, will truncate the corruption and lack of internal democracy in the political parties, will discourage godfatherism, imposition of

The Nigerian youths constitute the largest constituency of over 60% of the 170 million population which amounts to at least 120 million youths. It is worrisome how the youths in the last decade have been schemed out and marginalised from governance. The present administration’s insensitiveness to being inclusive in terms of youth’s inclusiveness in governance is a point of worry and needs urgent attention

of 13M. However, the age requirement for running for a seat in Parliament is 21 years. In the United Kingdom, a person must be aged 18 or over (16 in Scotland) to stand in elections to all parliaments, assemblies, and councils at the European, UK, devolved, or local level. This age requirement also applies in elections to any individual elective public office. In Venezuela, a person must be at least 30 to be president or vice-president, 21 to be a deputy for the National Assembly and 25 to be the Governor of a state Some of the outstanding young leaders in the world include Mhairi Black, the youngest member in the House of Commons of the United Kingdom was 20 years old, when elected in 2015. Jean-Claude Duvalier was president of Haiti at the age of 19 in 1971. Kim Jong-Un, Supreme Leader of North Korea was 31, when he assumed office. Taavi Rõivas, Prime Minister of Estonia was 35; Atifete Jahjaga, President of Kosovo was 39, Moussa Mara, Prime Minister of Mali was 39, Matteo Renzi, Prime Minister of Italy 40, Joseph Kabila Kabange, D.R. Congo (Age: 44).

Nwulu...standing for the youth

candidates, monopolisation etc which over the years have discourage the youths from political participation. The Nigerian youths constitute the largest constituency of over 60% of the 170 million population which amounts to at least 120 million youths. It is worrisome how the youths in the last decade have been schemed out and marginalised from governance. The present administration’s insensitiveness to being inclusive in terms of youth’s inclusiveness in governance is a point of worry and needs urgent attention. In the Federal Executive council, where decisions are being made, no single youth to represent and negotiate for the youths, even the Minister for youths and Sports is about 52 years old, the youngest of the 36 Ministers is Alhaji Abubakar Malami, SAN (Minister of Justice), who is 48 years old as at the time of his appointment. This singular act alone is a bogus slap on the faces of all Nigerian youths and this signifies that the youths have no place in the affairs of governance and decision-making in Nigeria, and this is a total disregard to the global call towards reducing injustice and inequality world-wide. Some have argued that Nigerian youths of today are inexperience and not ripe enough to govern, but I must point out clearly that such minds are still living in the dark, failed to delve into the history and have refused to realign themselves with the present realities around the world. Experience and evidence have shown that youths are change makers, critical thinkers, innovators, communicators and natural leaders. Analyses below are concrete arguments and evidence from various perspectives. International Perspectives At the United Nations Headquarters in New York from 25-27 September 2015, 193 world leaders including Nigeria’s president converged for the first time and signed an agreement to have a global and common agenda which are the Sustainable Development goals (SDGs). The goals are set of all-inclusive and achievable group of objectives which if attained or achieved, will make the world a more just, peaceful, and a sustainable place for all. The 17 Sustainable Development Goals (SDGs) and 169 targets aimed at eradicating extreme poverty in all its forms, promoting

economic prosperity, ensuring environmental sustainability, promoting social inclusion and achieving global peace and Security. It is important to point out clearly that one of the basis and foundation the 17 SDG goals are built upon is to “Reduce Inequality” that is: NEVER LEAVE ANYONE BEHIND in other word, if we must achieve the maximum development, just, peaceful and sustainable world – inequality and injustice must be addressed and reduced. E.g., there must be equal rights between women and men, the gap between the rich and poor must be reduced, and the youths must be given adequate rights in line with the principles of equality and nondiscrimination to participate in governance and decision-making process. Away from United Nations, the minimum age requirement to contest for governorship across 50 state of the United States of America is 30years, Senate 30 years, U.S. Congress 25 years, House of Delegates 21 etc. In Australia, any person 18 years of age or older may stand for election to public office at federal, state or local government level. The youngest ever member of the House of Representatives was 20-year-old, Wyatt Roy elected in the 2010 federal election. In Denmark, any adult 18 years of age or older can become a candidate and be elected in any public election. In France, any citizen 18 years of age or older can be elected to the lower house of Parliament, and 24 years or older for the Senate. Minimum age for the President of France is 18. In Iran, a person must be at least 21 years old to run for president. In the Netherlands, any adult 18 years of age or older can become a candidate and be elected in any public election. In Norway, any adult 18 years of age or older can become a candidate and be elected in any public election. In South Africa, Section 47, Clause 1 of the 1996 Constitution of South Africa states that “Every citizen, who is qualified to vote for the National Assembly is eligible to be a member of the Assembly”, defaulting to Section 46 which “provides for a minimum voting age of 18 years” in National Assembly elections; Sections 106 and 105 provide the same for provincial legislatures. Ghana has a voting age of 18 years with a population of over 24M, and a voting population

National Perspectives An evaluation of the political and economic scenes in Nigeria’s democracy reveals a country, where it is hard to say youths are the leaders of tomorrow. Most of the politicians, who are leaders today have monopolised the power despite being out of ideas that can salvage the nation from the incessant crisis and economic woes. Historically, young leaders had fought for and ruled this great nation with their youthful exuberance and performed brilliantly. Nigeria’s pre-independence struggle was championed by young nationalists like Chief Obafemi Awolowo (37), Akintola (36), Ahmadu Bello (36) Abubakar Tafawa Balewa (34) and Okotie-Eboh (27), Enahoro (27), Dr. Nnmadi Azikiwe (40), etc. all led the struggle for independence of Nigeria in their youthful ages. Buhari, Nigeria’s President presently also benefited from being given the opportunity to participate in governance at his youthful age. In August 1975, after General Murtala Mohammed took over power, Buhari was appointed the Governor of the North-Eastern State at the age of 33, to oversee social, economic and political improvements in the state. Also in March 1976, the Head of State, General Olusegun Obasanjo, appointed Buhari at the age of 34 years as the Minister for Petroleum and Natural Resources. In 1977, Buhari was 35 years old, when he was also appointed Chairman, Nigerian National Petroleum Corporation (NNPC) which was created in 1977. Buhari was just 41 years when he became Nigeria’s Head of State. Other leaders, who had ruled the country in their youths are, General Yakubu Gowon who became the Head of State at the age of 32; Murtala Muhamed was 38, when he became head of state; Gen. Obasanjo was 39, while Major General Aguiyi Ironsi was 42 years. Matthew Tawo Mbu at age of 30 held the distinction of being the youngest Nigerian ever to serve in the federal cabinet. Between 1960 and 1966, and Pat Utomi was a presidential adviser at 27, etc. The National Youth Policy categorises youth as all persons between the ages 18 – 35. Since the democratic regime, the 1999 Constitution of Federal Republic of Nigeria, Section 65, 106, 131, 177 have all placed age restrictions in elective offices despite prescribing the age of 18 as the voting age. -Adeniyi, the Executive Director, Centre for Global Solutions and Sustainable Development, wrote from Lagos NOTE: Interested readers should continue in the online edition on www.thisdaylive.com

TUESDAY, JUNE 21, 2016 • T H I S D AY

FEATURES

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

Airtel Offers Hope to a Blind Man Gbenga Adesida, a 47-year-old visually impaired man, had his wife and two children taken away from him leaving him suicidal. But Adesina’s tears have been wiped away through Airtel's Touching Lives programme, write Sunday Okobi and Aliogo Ugo

benga Adesida is a 47-year-old man. He has been visually impaired right from birth. The impairment was like a determined barrier to shut down his dreams and life aspirations, but Adesida decided not to throw in the towel. At the age of 10, he was abandoned by his parents to fend for himself. It was a difficult period for him no doubt, but he decided to put behind this ugly memory in order to pull through life. Having endured a lot of hardships during his years of abandonment, he dreamed of a better life for the children, and prayed that their path would cross with greatness. Adesida shared this dream with his wife who also keyed into it. They both nurtured the dream together, but something greater thwarted it; the parents of the wife took her away and the two kids were taken to orphanages. There were growing fears that he will not be able to raise a family and cater for their needs due to his health conditions. At this moment in Adesida’s life, he was at a cross road. His only source of succour and joy has been taken away from him. But his hope was revived, when a good Samaritan, Mrs. Rose Ayanlege, who offered him a temporary accommodation around Agbado area of Ogun State, and also nominated Adesida for Airtel Touching Lives television programme. In an interview with THISDAY, Adesida said the children left him, and that life has been very sad for him until Airtel’s intervention, adding that he almost committed suicide at a time. Due to his inability to see, his keyboard and other technological aids were stolen from him. Things also got so bad that his landlord evicted him. Ayanlege who offered him a temporary accommodation around Agbado area, later nominated him for Airtel Touching Lives season 2 which altered the cause of his sorrowful life. The programme by one of Nigeria telecommunications firms, Airtel, which is a television series, is targeted at individuals and communities with a story to tell. It offers a platform to celebrate humanity, inspire hope and enhance people’s quality of life. The programme identifies extraordinary people from various walks of life with dire needs. It has helped built a culture of giving selflessly and nominating extraordinary individuals who ought to be given a gateway to a better life. However, the Airtel Touching Lives season 2 has wiped away tears from Adesida’s eyes, as the telecommunication giant built him a befitting apartment equipped with

R-L: Rose Ayanlege, Taiwo Lawal, Gbenga Adesida (visually impaired man) and Wana Udobang, at Airtel Touching Lives Studio

The apartment donated to Adesida by Airtel

This is the beginning of new blessings in my life. I will like to appreciate Airtel and Olukpede who made it possible for me to own the property. May God bless the entire staff of Airtel

electrical fittings and potable water in an estate at Agbara area of Ogun State. Adesida's response to Airtel kind gesture was a whole expression of immense joy and delight as the mobile network provider has also provided the opportunity to re-unite him and his family. Similarly, Ayanlege commended Airtel for making Adesida’s dream come true. She said life would have been meaningless for Adesida without the help from Airtel, “but with this support I think he will go places,” she said. Adesida said: “Right now I’m an artist though I have not been doing much with it, but God has been helping me. In life when you are very plain and open, God

will definite meet your need in life. My contact with Airtel happened last year when I was listening on a programme on Star F.M through Sister Moyo and Mofe programme about Airtel which created opportunity for people to call in. “Then I dialed 947, and to my greatest surprise, a month after, I was called to the office and I was interviewed by a white man. Today, I feel great and happy because this is the dream I have been pursuing all through my life. “First and foremost, I made effort to own a land and a house which Nigerite tried to assist me, but my in-laws stole those property. God has used Airtel to achieve my dream in life and I’m very

happy. This is the beginning of the road to re-uniting with my family because at moment, my family is more able than me. For instance, David my son is 8-year-old, and my daughter, Esther, will be 10 by October 6 this year. “This is the beginning of new blessings in my life. I will like to appreciate Airtel and Olukpede who made it possible for me to own the property. May God bless the entire staff of Airtel. I would also appreciate if Airtel can continue to assist in other areas necessary. This building already has made me become much more fulfilled. My father is a king, but he refused to come to my aid, I cannot do another thing than ask God to bless them.”

• T H I S D AY TUESDAY, JUNE 21, 2016

AN OPEN LETTER

Ensuring Rights of Nigerian Women Managing Partner Edward Ekiyor and Co., Tonbofa Eva Ashimi, writes an open letter to the Minister of Women Affairs, Aisha Jummai Alhassan, drawing the minister’s attention to the issues of rape, pedophilia, violence and discrimination which women are faced with in Nigeria Dear Honourable Minister, I write to provide some guidance on the value of your position to the President Muhammadu Buhari-led government of change and some vital steps that you must take. The Ministry of Women Affairs “the Ministry” seems to be regarded as a vehicle for simply “organising” women’s attendance to government functions or an arm to the Office of the First Lady of the Federation. The Ministry’s duties are far more encompassing, they include: ensuring women, girl rights are protected, and even those of the disabled. In assessing the performance of your predecessors vis-à-vis the Ministry’s duties, I will score them low since the Nigerian girl-child, youth and women are still living with or fighting issues that infringe on their basic human rights. I call on you to understand the expectations from your Ministry and plan mechanisms to meet these expectations urgently. I will below address certain issues the Nigerian female gender face through various stages of their development and suggest some solutions you should consider. The Girl-Child The Nigerian girl-child is shocked from her innocence as early as two years old by abusive adults. Due to the pervasiveness of the Internet, we are constantly shocked by stories of girls/babies being defiled by those entrusted with protecting them. It is generally known that pedophilia has been part of our society for years, social media is simply outing it. Just as the whole world is doing, it is time for Nigeria to take a strong stance against pedophilia. We have been experiencing cases of girls being kidnapped from their homes and forced to marry their captors and bear their children. In some cases, the girls have been said to consent to the marriages. Various attempts that have been taken to increase age of consent for the girl-child have been met with stiff resistance in the legislature. The Ministry of Woman Affairs needs to keep the fight on this going. Young Ladies The constant sexual harassment young ladies in Nigerian universities suffer from lecturers is now a known fact. It is the norm for university students to have to consider exchanging their bodies for exam scores from their lecturers. The federal legislature recognised this fact and is considering mechanisms for addressing this social problem through the laws. Incidences of rape and sexual assaults are rising. Victims do not report due to public shame, ridicule- from even the police- and character assassination. Women Work place sexual harassment is now fixed in our society. Women are subjected to assaults from bosses, colleagues, customers/clients. There are some claims that female marketers are encouraged by their companies to give in to sexual assaults to win accounts. This is wrong and should be condemned by all, led by the Ministry of Women Affairs. Discrimination amongst women in appointments- in public offices especially- is widely known and seems to be so accepted that even our courts have opined that discrimination against women can be legal. (Tonbofa Ashimi v FCC &Ors, now on appeal). Solutions Madam, the good thing is your work has already been simplified for you and yours

Minister of Women Affairs, Aisha Jummai Alhassan

is one of the Ministries that cannot hide behind “no budget/funds” as an excuse for inertia. There are tons of organisations that will sponsor any endeavour you commence to tackle any of the above social ills Nigerian females face. There are also orgnaisations already involved in tackling these issues that will eagerly partner with your Ministry. Some solutions you should consider include: Education The girl-child, young lady and woman need to be educated in the mainstream manner, but especially on their value. Your Ministry should collaborate with the Federal Ministry of Education and States to ensure the girl-child is educated and there is an active curriculum in schools geared at teaching the girl-child their value. There are organisations that already embark on motivating the girl-child. Women in Business “WIMBIZ” organised visits to schools to motivate girls recently. The Ministry can partner with such organisations to achieve this goal. Sponsoring and Enforcing Laws The Ministry of Women Affairs should sponsor laws to protect women. There are various international treaties that are yet to be domesticated into laws in Nigeria, although our government has ratified theses

treaties. The Ministry needs to push for these treaties to be domesticated into our laws. We have laws in Nigeria that are never enforced. The Ministry should push for an intergovernmental agency comprising the Ministries for Women Affairs and Justice and the Nigerian Police to ensure adequate enforcement of our existing laws that seek to protect the female gender. Since the government approved such an agency for recovery of sums owed banks, why should there not be one to ensure the female gender is safe and protected? This intergovernmental agency should also ensure training amongst the police force on handling sexual assault and abuse cases and ensure their prosecution. The Federal Government has partnered with international developmental agencies to achieve police reform; the Ministry should push to ensure women and girl-child protection falls within the intended reform. Naming and Shaming The Ministry should also push for naming and shaming of convicted pedophiles, like the rest of the world is doing. It should establish a portal listing the names, locations of convicted pedophiles available to the public in order to deter perpetrators. Conclusion Madam, the Ministry of Women Affairs

should be the watchdog for women’s affairs, literally. We must all understand that the woman is usually responsible for bringing up our leaders and the people who comprise our society. She does this by protecting her family and feeding her children with values that they will stand by in adulthood. When the girl-child is scarred from infancy, how can she play this role as a woman? What will she have to give but the manifestations of the abuse and torment she had been dealt as a child (unless she is healed sometime during her life)? An abused child cannot play her role as a woman and thus help to ensure we are breeding responsible adults for our society. It is the government’s duty to protect our children from harm to guarantee the next generations of responsible adults. It is our government’s duty to build the confidence of young ladies so they learn to believe in themselves and ascend life’s ladders based on merit. It is our government’s duty to protect women in their homes so they can help the government by teaching their families values.The government must also ensure the respect of women in the work place and enable a level playing field for women to participate in all spheres of the economy. The Ministry of Women’s Affairs is the arm of the government to ensure the government achieves these goals for women.

IMAGES

L-R: Alhaji Kwairanga Jada, a former vice-president and chieftain of the All Progressives Congress (APC) Atiku Abubakar, and a former Ambassador to Indonesia, Alhaji Ibrahim Maisule during Atiku’s return from a foreign trip at the Nnamdi Azikiwe International Airport, Abuja...recently

T H I S D AY • TUESDAY, JUNE 21, 2016

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

L-R: Partner/Vice-President, Schneider Electric Nigeria, Mr. Ahmed Fateen; Country President, Schneider Electric Nigeria, Mr. Walid Sheta; Managing Director, Compass Power Solutions, Mr. Ahmad Choukeir; and General Manager, Compass Power Solutions, Mr. Ali Srour, during the presentation ceremony of certified prima panel builder partner by Schneider Electric to Compass Power Solutions in Lagos...recently

L-R: CEO, Marketing Edge, Mr. John Ajayi; Executive Director, Sona Group of lndustries, Mr. Arjan Mirchandani; and Chairman, McCann Group of Companies, Mr. Steve Omojafor, after the presentation of the Entreprenuer of the Year award to Mirchandani at the Marketing Edge Brands and Advertising Excellence Awards in Lagos...recently

L-R: Managing Director/CEO, Acti-Tech Ltd, Mr. Peter Madu; Managing Director, Global Sales and Marketing, Beyerdynamics, Mr. Robert Winterhoff; and the Executive Director, Acti-Tech Ltd, Mrs. Charlotte Madu, at the just concluded Energy of Sound conference West Africa 2016 in Abuja...recently

Osun State Governor Rauf Aregbesola, inspecting the ongoing construction of Chief Adebisi Akande Trumpet Interchange Bridge of Omoluabi Dual Carriage Motorway, at Gbongan Junction, along Ile-Ife road... recently

L-R: Acting Managing Director, Julius Berger Nigeria Plc, Mr. George Marks; Financial Director, Mr. Wolfgang Kollemann; Director Administration, Alhaji Zubairu Bayi; and Chairman, Mr. Mutiu Sunmonu, during Julius Berger’s 46th annual general meeting in Abuja...recently KINGSLEY ADEBOYE

R-L: Executive Producer, lnspaya, Mr. Banji Adesanmi; former General Overseer of Four Square Gospel Church, Rev. Wilson Badejo; and his wife, Yinka, at the grand launch of a new documentary/TV show, Inspaya in Lagos...recently

L R: Oyo State Commissioner for Education, Joseph Adeniyi Olowofela; Commissioner for Justice, Olusegun Abimbola; Commissioner for Information, Toye Arulogun; and Commissioner for Special Duties, Mudathr Ganiyu Bamidele, during the swearing-in of the new commissioners, at Governor’s Office, Ibadan... recently FELIX ADEMOLA

T H I S D AY • TUESDAY, JUNE 21, 2016

BUSINESSWORLD NIBOR OVERNIGHT 1-MONTH

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Quick Takes Compass Gets Schneider’s Certification

Compass Power Solutions Limited, the industry leader in the design, assembly and installation of diverse types of low voltage panel boards has received the Prisma Panel Builder Partner Certificate from Schneider Electric at an award ceremony held recently Lagos. The certificate will enable Compass Power Solutions assemble type tested Prisma Panel board of up to 4,000 AMPS. The presentation is in recognition of Compass’ cooperation and commitment to highest LV panel board Standards. This was made possible through Compass’ engineering capabilities, high standard equipment, workshop and standard packaging. Receiving the certificate, the Managing Director, Compass Power Solutions Limited, Ahmad Choukeir said that, ‘Compass is committed to building world class panels locally and we will continue to work closely with our customers to deliver the best quality products and services, that are affordable. We are truly honored to partner with Schneider Electric.

NCC, NITDA, Others for NITEC 2016

GOOD TO SEE YOU

L-R: Chief Corporate Services, Smile Communications, Tobe Okigbo; Executive Vice Chairman, Nigerian Communications Commission (NCC), Prof. Umar G. Danbatta and Managing Director, Smile Communications, Godfrey Efeurhobo, during a courtesy visit to the Commission in Abuja...recently

Gas Supply Projects Delay ExxonMobil, Chevron, Total’s Power Plants Ejiofor Alike The delay in the construction of the multibillion dollar upstream gas supply projects to feed Chevron’s Agura Power Plant, ExxonMobil’s Qua Iboe Power Plant and Total’s Obite Power Plant has delayed the projects, which were conceived by the administration of former President Olusegun Obasanjo as part of the efforts to monetise Nigeria’s gas resources, reduce flaring and boost electricity generation, THISDAY has learnt. Investigation revealed that out of the five power plants Obasanjo’s administration had planned to be constructed by

ENERGY the joint venture companies between the Nigerian National Petroleum Corporation (NNPC) and the international oil companies (IOCs), only Shell’s Afam VI Power Plant in Rivers State and the Nigerian Agip Oil Company (NAOC)’s Okpai Power Plant in Delta State were constructed. Country Chair of Shell Companies in Nigeria and Managing Director of Shell Petroleum Development Company (SPDC), Mr. Osagie Okunbor told journalists in Lagos at the weekend that Afam VI power plant contributed 14 per cent of Nigeria’s

grid-connected electricity in 2015, “consolidating its achievements since first power in August 2008.” “The Afam VI Power Plant is supplied by the SPDC-operated Okoloma Gas Plant, which also supplies gas directly to the domestic market in the eastern part of the country,” said Shell’s briefing notes launched by Okunbor. THISDAY however gathered that apart from the Afam VI and 480MW-capacity Agip’s Okpai power plants, the three other IOCs have not been able to complete their power plants due to non-availability of upstream projects to supply

gas feedstock to the plants. It was also learnt that while ExxonMobil and Total have made committed but slow progress in the implementation of their own projects, Chevron’s project has been stalled on account of gas supply constraints. Chevron had unveiled plans to build, own and operate a 400-500MW Combined Cycle gas fired power plant at Agura, near Ikorodu town in close proximity to the existing Egbin Power Station. According to a source familiar with the project, the company was said to Continued on page 24

DMO to Prepare Repayment Plan for MDAs’ Debts to Discos Chineme Okafor in Abuja The Debt Management Office (DMO) has initiated a financial plan which it hopes to use in paying off huge debt owed to the 11 electricity distribution companies (Discos) by various Ministries, Departments and Agencies (MDAs) of the federal government, the Minister of Power, Works and Housing, Babatunde Fashola has said. Fashola disclosed recently in Abuja that the huge debt would be paid off before the end of this year, and that DMO had responded to a letter he wrote to it requesting for alternative means of settling the debt.

ENERGY He said the DMO in its response proffered various options that could be adopted to see off the debt. Fashola, however, did not disclose these options, but industry sources identified the options to include outright deduction of each agency’s electricity debt from source. “MDA debts, we are in the process of winding down that debt, I have written to the Debt Management Office and I got a response from them just two days ago proposing options to wind down the debts. “I think as government, we

must live by example, if we ask people to pay for what they use, then we must pay as well and I am determined to ensure that we do that,” Fashola said. The Discos had through their platform, the Association of Nigerian Electricity Distributors (ANED) said that government’s MDAs owed it huge debts for electricity they consumed but did not pay over the years. ANED gave a breakdown of the debt profile in which the Nigerian Army was the single largest debtor to the Discos with N38.75 billion; the Nigerian Airforce followed in the inglorious list with N3.09 billion, Navy - 3.3 billion, Police

- N4.66 billion, Customs - 528.78 million, Prisons - N895.6 million and Immigration - N47.8 million. The MDAs also owed the Discos N9.98 billion in unpaid electricity bills. Fashola however said: “The ministry of defence through the minister is also acting in concert and it is something we hope that before the end of the year, we wind down.” The minister also said as part of efforts to achieve the roadmap to incremental, steady and eventual uninterrupted power supply as well as address the current vulnerability of the Continued on page 24

The Executive Vice Chairman of the Nigerian Communications Commission (NCC), Prof Umar Garba Danbatta, has accepted to be the key note speaker at the maiden edition of Nigeria International Technology Exhibition & Conference (NITEC) scheduled to hold in Lagos this week. Other organisations like the Nigeria Information Technology Development Agency and the Nigeria Internet Registration Association (NIRA) have also indicated their interest to participate in the conference. In an interview with THISDAY, the managing Director of Neo Media and Marketing, who is also the convener of the conference, Mr. Ehi Braimah, confirmed the endorsement of the NCC boss and other organisations that have identified with NITEC. He said: NITEC is a brand we are trying to build in the Nigerian market, especially in the technology space. The whole idea is to create a platform to showcase what we call the Nigerian technology ecosystem. While doing this, we are also interested in promoting innovative ICT solutions from Nigerians. So far, we have been encouraged with the feedback and endorsement by government agencies and some private organisations that have identified with our vision for NITEC,”

Ooni Endorses Arik Air

Arik Air has received a royal endorsement from the Ooni of Ife, Oba Adeyeye Enitan Ogunwusi Ojaja II as the foremost traditional ruler and a large entourage including some traditional rulers from the South West States of the country reaffirmed his support for Nigerian brands by flying Arik Air from Lagos to New York on a tour of America. The First Class Monarch who travelled from Lagos to New York aboard Arik Air’s A330-200 aircraft that departed the Murtala Muhammed International Airport, Lagos for JF Kennedy Airport, New York at midnight last Wednesday said, “I am an apostle of made-in-Nigeria and that is why everything you see on me except my wrist watch are 100 percent made in Nigeria”. Speaking with a team from Arik Air led by the Chief Pilot, Captain Adetokunbo Adekunbi, who were on hand to usher him to the departure lounge of Murtala Muhammed International Airport, Ooni Ogunwusi in company with his wife, Olori Wuraola Ogunwusi, said his decision to fly Arik Air to New York was a deliberate one aimed at reinforcing the need to patronize our own. He commended the management of Arik Air for flying the flag of Nigeria high and pledged to use his position to get Nigerians to patronize the airline. Reiterating his foremost position in Yoruba land, Ooni Ogunwusi stated that his flying Arik Air with other traditional rulers will bring good fortune to the airline.

“Nigeria has for decades been a one-stop dumping ground for virtually all kinds of vehicles – some of which are more than a decade old” Chairman, Nigeria Automotive Manufacturers Association, Mr. Tokunbo Aromolaran

T H I S D AY • TUESDAY, JUNE 21, 2016

BUSINESSWORLD GAS SUPPLY PROJECTS DELAY EXXONMOBIL, CHEVRON, TOTAL’S POWER PLANTS

have given contractors February 28, 2008 deadline to respond to submissions for pre-qualification for the design and construction of gas pipeline/processing facility. In addition, such companies were also required to demonstrate the capability to tender for the Engineering Design, Procurement, and Construction Contract in respect of the work package. By Chevron’s target, the power plant was required to provide power to the national power grid commencing in fourth quarter of 2011 with all individual gas turbine units commissioned for open cycle operation by second quarter of 2011. But investigation revealed that after the much-celebrated ground-breaking by former President Obasanjo, no physical construction took place at the project site. DMO TO PREPARE REPAYMENT PLAN FOR MDAS’ DEBTS TO DISCOS

country’s power system, the government plans to increase the store of gas in various parts of the country. He said this will happen especially in the eastern region and western axis to ensure supply to gaspowered electricity generating plants across the country was not interrupted. He noted the process was already going on in some parts of the country, adding that the idea was to ensure more regular supply of the commodity to the plants which supply over 70 per cent of the country’s electricity. According to him, electricity supply across the country through the 23 out of the 26 gas power plants has been affected in recent time by sabotage from militants in the oil producing region of the Niger Delta. He equally said the success of the plan was largely dependent on Nigerians who, according to him, “must take ownership of the pipelines and secure them as a collectively owned public utility.”

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Chika Amanze-Nwachuku AgriBusiness/Industry Editor

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Comms/e-Business Editor

Emma Okonji

Capital Market Editor

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Senior Correspondent

Raheem Akingbolu (Advertising) Correspondents

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

Nume Ekeghe (Money Market) Nosa Alekhuogie (Maritme)

NEWS

NNPC Targets Profitability By End of 2016 Stories by Ejiofor Alike The Minister of State for Petroleum, Dr. Ibe Kachikwu has said that having reduced the average monthly loss from N40 billion to N3 billion as a result of its corporate restructuring, the Nigerian National Petroleum Corporation (NNPC) would target profitability before the end of 2016, a feat that had not been recorded in 20years. Speaking during his recent visit to the Nigerian Content Development and Monitoring Board (NCDMB) in Yenagoa, Bayelsa State, the Minister admitted that the entire spectrum of Nigeria’s petroleum industry required strategic intervention. Kachikwu however, harped on the need to see the challenges as opportunities to transform the sub-sectors into income earners for the country. “Anywhere you look, you see that the oil and gas sector is populated by a need. We have to translate those needs to economic models that are beneficial to the citizenry. The drop in oil price should motivate us into going into parallel income streams,” he added. He also unveiled plans to carry out infrastructural re-graphing of Nigeria’s petroleum sector, adding that plans were afoot to review Nigeria’s aging pipelines, depots and gas infrastructure and begin the process of replacing them. Speaking on the issue of gas flaring, the Minister stated that the new thinking was to move away from a penalty-based gas regulation, which had largely failed over the years

to a zero tolerance gas flaring regulation with year 2020 as the new target deadline. The minister restated that the federal government saves N1.4 trillion from the recent adjustment of the price of petrol, adding that this huge fund would have been expended on subsidy claims yearly. He explained that the deregulation policy has also re-awakened the downstream sector and would help the nation become a net exporter of petroleum products in a few years.

According to him “we now have a lot of people who are interested in investing in our refineries and building more refineries and we will remain committed to the goal which is to reduce importation of petroleum products by 60 per cent by the end of 2018 and become a net exporter of petroleum products by 2019.” Kachikwu described NCDMB as a critical agency in the petroleum industry and expressed delight that the Board had the right personnel to deliver on its mandate.

He recalled the agency’s lofty achievements in the last six years of existence, noting that every Nigerian appreciated the good work that it has achieved. Kachikwu further pledged to provide the right support and encouragement for the Board to deliver on its targets. With the fall in crude oil prices and reduced investment in the sector, he charged the NCDMB to re-strategise and transit from its role of just propagating local content and local participation to one of finding commonality

with industry stakeholders to encourage investment. The new focus of the board, he said, “affects how quickly you process things, it affects the rigidity of some of the terms you ask for as people enter into transactions and the need for increased collaborative relationships.” The minister, who is also the Group Managing Director of NNPC, expressed happiness that achievements were being recorded by staff of the corporation who had previously given

MERITORIOUS AWARD

L- R: Registrar, Advertising Practitioners’ Council of Nigeria ( APCON), Bello Garba Kankaraofi; founding partner, Dorothy Ufot & Co, Dorothy Udeme Ufot, SAN; Publisher/ CEO, Marketing Edge Magazine & Convener of the Summit and Award ceremonies, John Ajayi; Managing Partner/CEO, Brandzone Consulting LLC and recipient of “Brand & Marketing Personality of the Year Award”, Chizor Malize and Executive Chairman, STB-McCann Group, Sir Steve Omojafor, at the Marketing Edge Brand and Advertising Excellence Awards & Annual Summit, which held in Lagos recently

Petroleum Club Opposes BoI, Abia Govt Float N1bn Lifeline for SME Proposed Amendment of Operators NLNG Act The Petroleum Club has expressed its opposition to the proposed amendment of the Nigeria LNG Act by the House of Representatives, insisting that the proposed changes would have a serious deleterious effect on Nigeria’s ability to attract Foreign Direct Investment (FDI) as it would portray the country as unable to guarantee sanctity of contracts. The association also said the proposed exercise would make foreign investors to regard Nigeria as a country that cannot be relied upon for policy consistency and stability of fiscal terms. In a memorandum sent to the National Assembly and copied the Vice President of Nigeria, President of the Senate, Speaker of the House of Representatives, Chairman of Senate Committee on Gas and Chairman of House Committee on Gas, the Club argued that it is a standard practice all over the world for governments to grant special incentives for Liquefied Natural Gas (LNG) projects due to the huge capital investment requirements and commercial risks involved in LNG projects. “The international gas business has become much

tougher and more competitive over the past few years as a result of which many countries are increasing their incentives to the gas business. There are now many more players in the LNG industry and the advent of Shale gas has transformed the industry. Prices in the United States have crashed and several LNG import terminals in the United States are being converted to exporting facilities. Floating LNG is also coming into operation, enabling the production of LNG from gas in remote, deep offshore fields. These new developments are impacting the profitability of LNG projects. Under these circumstances, NLNG requires increased support from all the arms of the government and not the imposition of additional taxes and levies, which the proposed amendment seems to be advocating,” said the Club. The memorandum, which was signed by the Chairman of the Club, Otunba Funso Lawal and Chairman of Policy Committee, Dr. GS Ihetu, further stated that the NLNG Act gave confidence to international and local banks and export credit agencies to participate in the expansion projects.

Crusoe Osagie

The Bank of Industry (BoI) and the Abia state government have inked an agreement under a Memorandum of Understanding (MoU) to pump N1 billion into the Small and Medium Enterprise (SME) sector of the state. The fund as well as capacity building for effective deployment, will be made available to deserving entrepreneurs in the state to further boost their value addition processes, expand their production capacities and make more jobs available for the unemployed. Speaking during the MoU signing ceremony at the Government House Umuahia, the ag. MD and CEO of BoI, Mr. Waheed Olagunju explained that the N1billion SME development fund is to be equally contributed by the bank and the state for onward lending to yearning entrepreneurs in the state, particularly those who are engaged in value addition and processing. “What we are trying to do now is to accentuate the industrialisation of Abia State particularly in the SME sector vertically and horizontally, to increase the level of entrepreneurship in the state with its attendant multiplier effects. “We need to add value to our products rather than

exporting them in their crude form to countries where they are processed and sent back to us with more value and we pay heavily for that and the per capita incomes of those countries get much higher than we have here, and the quality of life and living standards are also much higher than we have here. According to Olagunju what separates the rich and the poor countries of the world is the level of industrialisation, as it is not by accident that rich countries are described as industrialised nations of the world and the poor countries as less industrialised. “By our estimation in the Bank of Industry, through every N1billion we lend, we are able to generate close to 10,000 jobs. And as resources permit we can also increase the pool of funds, this is just a framework that we intend to start with,” he added. Olagunju noted that with the right capacity building, prospective beneficiaries stood a better chance of making best use of the assistance given to them, which will enhance their potential and also enable them to honour their repayment obligations. He announced that the bank was aiming to open a branch office in Umuahia, to enable it bring more of its

products and services closer to entrepreneurs in Abia state. In his remarks the Abia state Chief Executive, Governor Okezie Ikpeazu while appreciating the federal government’s renewed effort in trying to pick up the bits and pieces of the Nigerian economy through other vital sectors apart from oil stressed that “this is the time to seize the opportunities that are available to us.” He said his government is resting on five pillars of development and first of these five pillars is the development of small and medium scale enterprises, having identified from inception that Abians were very resilient, tough and ingenious entrepreneurs. “We also discovered a cultural hedge in the way our people do business which has prevented them from competing globally and that is the non-automation of production processes. With automated production lines we can be sure of consistent quality, time of delivery and consistency in design. “We want to see how we can intervene by assisting them in procuring needed equipment, training and re-training and also help them in accessing markets and gaining exposure beyond Nigeria.

WEEKLY PULL-OUT

21.06.2016

NBA ELECTIONS 2016:

THE EPIC BATTLE BETWEEN A.B MAHMOUD AND J.K GADZAMA

J.K GADZAMA SAN

A.B. MAHMOUD SAN

2/DASHBOARD

21.06.2016

A Charge must be Read Over and Explained to an Accused Person, to the Satisfaction of the Court, in a Language He Understands PAGE 3

NBA-NEC Condemns Nimo Killings, Creates Six New Branchesence PAGE 4

NBA Ikeja, Ikorodu Elect New Excos: Ogunlana and Adikwaone Emerge as Chairmen PAGE 4

Uwais: Salute to a Great Jurist at 80 PAGE 5

QUOTABLES ‘A number of leading lawyers have been indicted by the EFCC and they are being prosecuted and this should serve as a lesson to others to be careful and to take the role of ethics very seriously. The EFCC should not spare professionals, real estate agents, and law firms that have assisted in the fraudulent and illicit flow of cash. They all have to be prosecuted.’ – Femi Falana SAN. 'You see one Nigerian stealing billions of naira and dollars that could have been used for education and the construction of bridges and the irony of it, is that many Nigerians do not see anything bad in it. They justify it. At times, they say it is one-sided; why are you not touching this person? But we ask this question: We have so many armed robbers and kidnappers out there. Have we arrested all the robbers at the same time? It is only when one is caught that he is arrested and that is what is happening in this situation.' – Chairman, Independent Corrupt Practices and Other Related Offences Commission, Ekpo Nta

‘Law is a Vast Area and There is Room Enough for Everybody’ PAGE 5

CJN’s Appointment from Outside the Supreme Court and Judicial Independence PAGE 6

Taking Away the Power to ‘Hire and Fire’ without Reason: the ALOYSIUS v DIAMOND BANK’S Case Revisited PAGE 6

COLUMNISTS SANDRA OKE Pearls of Law A pearl is revered for its purity, elegance and beauty. Similarly, Pearls of the law will address an assortment of legal issues ranging from trending matters to matters that will shape our future as lawyers. It will also consider the time-honoured principles and traditions of the law with a view to restoring the purity, elegance and beauty to the practice of law. Sandra Oke is a graduate of the University of Lagos and obtained her LLM from Queen Mary University London and an MBA from Liverpool John Moores University. She is a Counsel at Norfolk Partners.

NNAMDI AWA-KALU State of the Art looks at cutting edge technology, media and telecommunications development as well as other innovations in regulation and policy from a legal vantage point in the hope that everyone from the start-up to the corporate giant is made aware of the implications of their transactions. Nnamdi Awa-Kalu practices with Awa U. Kalu & Associates in Lagos. He was educated at the London School of Economics and the Nigerian Law School. His desire is always to cut through the noise with sound reasoning.

MICHAEL JONATHAN NUMA The word“Canvass”in legal parlance means to discuss thoroughly, to advance an issue, to examine a question in details. This column will attempt to critically analyse trending legal issues across several jurisdictions bordering on topics making rounds at the material time, ranging from judicial decisions to policy statements guided political simulations and socio-economic matters to statutory interpretations by commentators within and outside the legal profession, proffering constructive criticism based on different well thought out perspectives. The writer, Michael obtained his LL.B (Hons) and LL.M (Hons) from Delta State University and Queen Mary University of London respectively. He is a member of the School of International Arbitration London, Member of the Chartered institute of Arbitration UK, Member of the Chartered Institute of Patent Attorneys U.K. He is the Managing Associate of Messrs Karina Tunyan (San) & Co in F.C.T, Abuja. He is an Intellectual Property and a Private international law practitioner.

MAY AGBAMUCHE-MBU EDITOR JUDE IGBANOI DEPUTY EDITOR TOBI SONIYI ASSISTANT EDITOR AKINWALE AKINTUDE REPORTER TUNDE BUSARI GROUP HEAD OCHI OGBUAKU II ART DIRECTOR

LAW REPORT/3

A Charge must be Read Over and Explained to an Accused Person, to the Satisfaction of the Court, in a Language He Understands

v STATE (2010) ALL FWLR pt. 540, p 1224. In addition, he contended that the charge of armed robbery was proved beyond reasonable doubt.

t is trite law that one of the conditions for the arraignment of an accused person is that the charge must be read over and explained to him to the satisfaction of the Court in the language he understands. The Supreme Court in the instant appeal dismissed the appeal and held that the arraignment of the appellant in the trial court was properly done in accordance with Section 215 of the Criminal Procedure Law of Ondo State. Facts On the 28th of December, 2001 at about 4.30 pm, at Value Tech. Company, Ijare in Akure, the Appellant and other accused persons robbed Jide Amodu, Osuntunji Fredrick and Value Tech Company of certain sums of money. The accused persons were armed with offensive weapons to wit: guns and cutlasses. The robbers also shot and killed a security man working with Value Tech and Olowomoye, a company driver. During the operation, PW1 and PW2, female employers of Value Tech, raced into the bush for security. They were however able to witness the robbery operation while it happened. On 23rd February 2005, the Appellant and other accused persons were arraigned before Akeredolu J at the High Court of Ondo State, Akure Judicial Division (“trial court”) for the charge of armed robbery contrary to and punishable under Section 1(2) (b) of the Robbery and Firearms (Special Provisions) Act Cap 398, LFN 1990. The charge was read to the accused in the Yoruba Language to which he pleaded not guilty. During trial, the Appellant gave evidence in his defence and relied on the alibi that he had not visited Ijare for two years. He did not call any witness. The Respondent on his part called five witnesses (PW1, PW2, PW3, PW4, and PW5) and tendered four exhibits to wit: Exhibits A1, A2, A3 and A4. PW1 and PW2 identified the Appellant as one of the robbers and a native of Ijare land. In PW1’s oral evidence, he stated that he knew the accused and his father while PW2 stated that he had once lived in the same neighbourhood with the Appellant. The trial judge delivered judgment on 4th May 2006, in which it was held that the Respondent had proved the guilt of the accused beyond reasonable doubt in accordance with Section 138 of the Evidence Act Cap 112 LFN 1990 and sentenced the appellant to death. The appellant subsequently filed an appeal, which was heard by the Court of Appeal, Akure Judicial Division. The Court of Appeal affirmed the judgment of the trial court and dismissed the appeal on 30 October 2012 for lacking in merit. The Appellant being aggrieved with the judgment appealed to the Supreme Court by filing a Notice of Appeal containing two grounds of appeal in which two issues for determination were raised to wit: 1. Whether the arraignment of the Appellant at the trial Court was in compliance with provisions of Section 215 of the Criminal Procedure Law of Ondo State, and if it is not whether noncompliance rendered the entire trial a nullity? 2. Whether the prosecution adduced sufficient evidence to prove its case against the Appellant beyond reasonable doubt? On Issue 1, the Appellant argued that the charge was not explained to the Appellant and the trial court did not indicate if it was satisfied that the Appellant understood the charge before pleading guilty. He further argued that since the Record of Appeal does not show that the charge was explained to the Appellant, the Court should invalidate the arraignment and acquit the Appellant. In response, the Respondent argued that the learned trial judge complied fully with section 215 of the Criminal Procedure Law of Ondo State when His Lordship in his judgment referred to the fact that the Appellant was represented by Counsel and the charge was read and explained to

O. Rhodes-Vivour, JSC

In The Supreme Court of Nigeria Holden at Abuja On Friday the 18th Day of March, 2016 Before Their Lordships Mahmud Mohammed Suleiman Galadima Olabode Rhodes-Vivour Nwali Sylvester Ngwuta Musa Dattijo Muhammad Justices, Supreme Court SC.105/2013 Between Peter Adewunmi ............. Appellant And The State .......... Respondent Judgment Delivered By Olabode Rhodes-Vivour, JSC

him in the Yoruba language. On Issue 2, the Appellant argued that the Respondent was unable to prove that the Appellant took part in the robbery and therefore the charge was not proved beyond reasonable doubt. He submitted that it was unsafe to convict an Appellant solely on evidence of PW1 and PW2 without other credible independent evidence corroborating the content of their evidence. He placed reliance on ABUDU v STATE 9 (1985) 16 NSCC (Pt. 1) p. 78, EBI v STATE 9 2004) 11 NWLR (Pt. 885) p. 589. The Respondent argued in response that the testimonies of PW1 and PW2 were unassailable based on the fact that they had known the Appellant before the robbery incident as a native of Ijare. He further argued that based on this premise, the identity of the Appellant was established beyond peradventure. He placed reliance on ATTAH

Court’s Judgment and Rationale In determining Issue 1, the Court restated the principle enunciated in section 215 of the Criminal Procedure Law of Ondo State which states that an accused person shall be placed before the court unfettered and his charge read over and explained to him to the satisfaction of the court in a language he understands before taking his plea. The Court thereafter stated that failure to comply with any of these conditions renders the trial a nullity. Thereafter, the Court while referring to page 10 of the Record of Appeal stated that the records revealed that the charge was read and interpreted (by the Registrar of the Court) to the accused person in Yoruba language which is the language the accused understands before his plea was taken. The Court further held that the Appellant clearly understood the charge since neither he nor his counsel complained during the arraignment of the Accused in the trial court. The Court then resolved Issue 1 in favour of the Respondent and held that the arraignment of the accused was properly done in accordance with section 215 of the Criminal procedure Law of Ondo State. In determining Issue 2, the Court restated the conditions that must be satisfied for a prosecution to succeed in a charge of armed robbery beyond reasonable doubt; that there was a robbery or series of robberies, each robbery was an armed robbery, the accused person was one of those who took part in the robbery. Reliance was placed on EKE v THE STATE (2011) 1 – 2 SC (Pt. 11) P. 129 among other cases. Thereafter the Court stated that for the prosecution to prove the charge of armed robbery beyond reasonable doubt, the prosecution will need to prove to the satisfaction of the court that; there was a robbery on the premises of value tech company on the 28th of December 2001, the robbers were armed and the appellant was one of the armed robbers. The Court then held that the evidence of PW1 – PW5 was sufficient to prove that there was an armed robbery incident on the premises of value tech at 3pm on the 28th of December 2001. As regards the issue of the identity of Appellant as one of the robbers, the Court referred to the ratio of the Court of Appeal where it was stated that the evidence of PW1 and PW2 was clear and unequivocal as to the fact that they knew the appellant long before the date of the incident and based on this fact, there was no need for an identification parade. The Court in agreeing with the Court of Appeal held that there was direct and positive evidence that the Appellant was one of the armed robbers and identity of the appellant as one of the robbers was proved beyond reasonable doubt. In addition, the Court referred to the alibi relied on by the Appellant stating that the Appellant failed to state exactly where he was at the time of the robbery and also failed to produce any witness to support his alibi. The Court then held that the alibi of the Appellant was demolished by the Respondent who adduced sufficient and accepted evidence to fix the Appellant at the scene of the robbery incident. The Court held that the appeal lacked merit and dismissed it accordingly. The Court subsequently affirmed the decision of the Court of Appeal. REPRESENTATION For the Appellant C.E. Obuagwu, Mrs. U. Aneto For the Respondents - Dr. J.Y. Musa with him, Mrs. A. A. Tuki DPP Ondo State ,T. Olubodun DPP Ondo State, M.O. Onyilakwu , E. E. Eko , J.O. Musa , I. W. Zom Reported by Oladimeji Sofowora, Aluko & Oyebode, Lagos.

4/NEWS

21.06.2016

Court to Rule on Eleganza’s Winding Up Petition against Skye Bank over N111m Debt Akinwale Akintunde

Edo State Chief Judge, Hon. Justcie Cromwel Idahosa, Edo State Governor, Adams Oshiomhole, NBA President, Mr. Augustine Alegeh SAN and NBA Secretary, Mazi Afam Osigwe at the NBA National Executive Committee quarterly meeting in Benin, Edo State, last Friday

NBA-NEC Condemns Nimo Killings, Creates Six New Branches Jude Igbanoi

The Nigerian Bar Association’s National Executive Committee (NEC) has condemned in the strongest terms, the recent nationwide rampage of the Fulani herdsmen which has left in its wake bloodshed and death. NBA-NEC, the highest decision making body of Nigeria’s umbrella association for lawyers rose from its quarterly meeting in Benin last Friday expressing dismay, regarding the lackadaisical attitude of the government over the wanton attacks of Fulani herdsmen on peace-loving communities across the nation. Citing the recent mass murder of indigenes of Nimo farming community in Enugu State, Chief Okafor Ofodile SAN and Chief Niyi Akintola SAN who raised the motion at the NEC meeting which held at the Best Western Homeville Hotel in the Edo State Capital urged the Augustine Alegeh led administration of the NBA to draw the attention of the government and its relevant agencies to the continued massacre of innocent Nigerians by these herdsmen. The NBA-NEC meeting commenced on Wednesday evening with a welcome cocktail party organised by the Chief Judge of Edo State, Hon. Justice Cromwell Idahosa at the State High Court in Benin City. NEC members thereafter moved to the Edo State Government House to pay the Governor, Comrade Adams Aliyu Oshiomole a courtesy visit. The NBA President, Mr. Augustine Alegeh SAN also hosted NEC members to a dinner at his private residence in Benin City. The NEC meeting was declared open by Governor Oshiomole on Thursday June 16, he informed

delegates about the humble strides his administration has made so far, which he attributed to the NBA’s staunch belief and adherence to the rule of law, this enabled him reclaim his mandate as Governor of Edo State eight years ago. Oshiomole who will end his tenure as governor in a few months’ time commended the NBA President stating that ‘Nigeria will remember the Bar under your leadership for being on the side of the people, at the most critical times. Nobody could buy or monetarily induce the NBA under your watch and your tenure would most certainly be well remembered for this in the history of the Association.’ Oshiomole acknowledged commendations from lawyers for abolishing the state’s Customary Courts of Appeal and raising them to the status of High Courts, a model which many states have emulated and replicated across the country. One of the highlights of the NEC meeting was a practical demonstration of the e-voting system which the NBA will use for its national elections in the next few weeks. Mr. Ope Olugasa, the CEO of Lawpavilion who will power the e-voting portal explained in explicit terms how lawyers should access the portal to cast their votes on the day of the election. Alegeh SAN told the gathering that the web administrators have assured him that a fail-proof system has been put in place to ensure that there would be no systems failure on the day of the election. He also mentioned that the administrators further assured that the portal can handle over 100,000 voters at the same time, an innovation which was highly commended by the members .

During the proceedings, Alegeh informed NEC that the Dafe Akpedeye Election Monitory Committee of the NBA reported that 79 branches of the NBA have successfully conducted their branch elections . All the other NBA branches which have not conducted their branch elections were urged to do so before the end of June, in line with the guideline expressly provided in the new NBA constitution. However, the elections in Ikeja, Bukuru and Otuocha branches were cancelled, due to non-compliance with the new NBA constitution and electoral guidelines. For Bukuru and Otuocha branches, the candidates who met the requirements for elections were ordered to be deemed as returned unopposed and NEC approved this. As for the Ikeja Branch, the election to the office of Chairman was cancelled and all the three candidates disqualified for not meeting the new requirements as provided in Section 6(3) of the new NBA constitution. Essentially, two of the candidates were disqualified for having held offices on two previous occasions and the third for non-payment of branch dues as at when due. Mr. Nurudeem Ogbara, pioneer Chairman of the Ikorodu Branch was mandated to oversee the affairs of Ikeja Branch as a Caretaker Committee Chairman and ensure that elections are conducted into the office of Chairman before the end of June as provided by the new NBA constitution. Since NEC would not have another meeting until its preconference meeting in Port Harcourt on August 19, the NBA President sought and obtained

the approval of NEC to deal with all relevant matters as he deems fit. NEC also approved the new conference fees for the 2016 conference which will hold in Port Harcourt from August 19-26. The interim Alternate Conference Planning Committee Chairman, Mr. Greg Laminkara read out the new conference fees as follows:Lawyers 1 – 5 years post call – 8,000 early bird, 10,000 regular and 15,000 late or onsite registration. 6-10 years - 15,000, 20,000 and 25,000 11-14 years – 20,000, 30,000 and 38,000 15-20 years – 30,000, 40,000 and 38,000 Above 20 years – 50,000, 65,000 and 80,000 SANs, Attorneys-General and Benchers – 100,000, 120,000 and 150,000 Magistrates and other judicial officers – 50,000, 50,000 and 50,000 Judges and Justices – 75,000, 75,000 and 75,000 Governors, legislators and political appointees – 250,000, 250,000 and 250,000 Non-lawyers – 50,000, 50,000 and 50,000 International delegates - $500, $750 and $1,000 The NBA-NEC meeting ended on that note with the NBA calling on President Buhari to as a matter of urgency swear-in the two Justices who had been recommended and cleared by the NJC for elevation to the Supreme Court. The NEC meeting closed with the NBA Calabar branch presenting an award to Mr. Augustine Alegeh SAN for his visionary leadership and dynamism

Justice Mohammed Idris of a Federal High Court in Lagos has fixed September 30, 2016 to rule on a winding up petition filed by Eleganza Industries Ltd against Skye Bank Plc over the Bank's alleged refusal to pay a N111,732,000 debt owed to the company. The judge fixed the date following Skye Bank's Motion on Notice filed by its counsel, J.A Badejo SAN dated April 5, 2016 urging the court to dismiss the petition on the ground that it is an abuse of process and it was issued malafide. Eleganza Industries Ltd, through its lawyer, Mr. Michael Akinyemi, had filed the winding up petition pursuant to Sections 408(d) and 409(a) of the Companies and Allied Matters Act CAP C20, Laws of the Federation of Nigeria, to recover the alleged debt sum owed it by the bank. Eleganza alleged that in 2001 it leased a property to Assurance Bank which later metamorphosed into Afribank Plc, then later became Mainstreet Bank Ltd, which was taken over by Skye Bank Plc. According to the petitioner, four separate floors, Ground, Mezzanine, First and Seventh floors of its property known as Eleganza Biro Plaza at Plot 634, Adeyemo Alakija Street, Victoria Island, Lagos was leased to the bank. The petitioner said the bank's lease for the 7th floor expired on 31st of July, 2009 while that of the Ground, Mezzanine and First Floor expired on 31st of October 2009. "Upon the expiration of the company's lease, the company/respondent indicated its willingness to renew its lease in respect of the floors. "The bank and the petitioner after several offers and counter offers, reached an agreement as to the current rent of the

premises. "While the petitioner was waiting for the bank's cheque as promised in its letter of 29th October 2009 in payment of the arrears of rent and services charges as agreed, the bank vide a letter dated 6th November 2009 stated its unwillingness to renew its tenancy and its readiness to vacate the premises. "The bank vide its solicitors admitted in its letter of 18th November, 2009 that there were accumulated arrears of rent and stated the bank's readiness to pay same. "The bank rather than pay its arrears of rent and in order to perpetuate itself in possession rushed to court and filed a suit No. LD/1989/09 at the Lagos High Court, where in it alleged disturbance of its possession by the petitioner. "However, after the commencement of the bank's suit, the parties explored means of an amicable settlement of the issue. The bank after discussions and several meetings with the petitioner, promised to pay its arrears of rent. "Surprisingly, the bank vide its agent and sister company, Afribank Estate Co. Ltd offered to pay a ridiculous amount of N6,334,500 supposedly for a 3 month and 6 month period of overstay for the ground and 7th Floor respectively. "The petitioner vides its solicitor's letter of 22nd December 2009 rejected the ridiculous amount and stated its readiness to sue fot its money. "The bank further offered the sum of N17,000,000 and the petitioner rejected same", the petition stated. Eleganza in its petition stated that in order to recover its money, it counterclaimed against the bank in the suit it filed at the Lagos High Court and got judgment against the CONTINUED ON PAGE 6

NBA Ikeja, Ikorodu Elect New Excos: Ogunlana and Adikwaone Emerge as Chairmen Akinwale Akintunde

Ahead of its National Executive Council (NEC) meeting holding next month, the Nigerian Bar Association (NBA), Ikeja and Ikorodu branches last week, elected new officers to run the affairs of their associations for another two years.

Former Vice-chairman of the NBA, Ikeja Branch popularly known as the Tiger Branch, Mr. Adesina Ogunlana emerged as the new Chairman of the branch, while Mr. Levi Adikwaone emerged as new Chairman of the NBA Ikorodu Branch. While Ogunlana replaced Mr. Yinka Farounbi, whose tenure

just ended, Adikwaone replaced Dotun Adetunji. The Chairman of the Electoral Committee of the NBA Ikeja Branch, Mr. Adebamigbe Omale, a former Chairman of the branch himself, who declared the result at the NBA Ikeja Secretariat, stated that Ogunlana polled 94 votes to defeat two other contestants.

The other contestants were Aguegbodo Batholomew, 53 votes and Gloria Nweze, 51 votes. Other elected officers include Carol Ibharuneafe, Vice Chairman, Muna Esegine, Secretary, Adedokun Issa Akanji, Asst. Secretary, Akinwale Ajibola, Publicity Secretary, Coco-Bassey

Thelma, Treasurer, Okeke Uju, Financial Secretary, Jemerigbe Eyimofe, Social Secretary and Tanimowo Olurant, Welfare Secretary. The Nurudeen Ogbara-led Electoral Committee of the NBA Ikorodu branch also announced Mrs. Charity Fagade as Secretary, Mrs Bolatito Olasola as Treasurer.

Mrs. Odunola Jegede as Social Secretary and Mr. Oladipo Adewunmi as Financial Secretary of the NBA Ikorodu Branch. The new Executive Committees of both branches, who will take charge of the affairs of the associations for the next two years have been sworn in respectively.

21.06.2016

Uwais: Salute to a Great Jurist at 80 Abdulrasheed Ibrahim

hortly before Hon. Justice Muhammadu Lawal Uwais retired from the Supreme Court Bench as the Chief Justice of Nigeria on 12th June 2006 at the mandatory retirement age of 70, the late Chief Gani Fawehinmi of blessed memory wrote:“Hon. Justice Uwais ,C.J.N conducts himself with decorum when he is presiding in the Supreme Court. He exudes the lustre and aura of the mastery of proceeding and has complete control of the court. Though firm, he does not intimidate counsel however young at the Bar. He gives respect to every counsel and patently allows each one to present his or her argument without inhibition, browbeating or intimidation. The National Judicial Council under his leadership has been effective in fighting corruption on the Bench. In conclusion, no other Chief Justice of Nigeria had achieved these feats.” That the longest serving retired Justice of the Supreme Court has reached the age of 80 is not only a thing of joy but an achievement which any practitioner of law will desire to achieve as reaching such a milestone in Nigeria today is a great privilege. We all must join Justice Uwais in thanking the Almighty Allah for still preserving the life of this great jurist. Born in Zaria on 12th June 1936 to the family of Mallam Abdullahi Uwaisu and Hajiya Hajara Uwaisu, the young Uwais began his primary education at the Native Authority Elementary School, Kaduna and later at Tudun Wada Elementary School where he schooled with the likes of the late Alhaji Rilwan Lukman, a former Minister of Petroleum. He was in 1950 admitted to Zaria Middle School where he stayed for

two years before he proceeded in 1952 to Barewa College, where he was a classmate and housemate of the late General Murtala Muhammed, a former Head of State. While still at Barewa College, Zaria, he secured vacation jobs with establishments such as Paterson Zochonis Ltd (PZ), the Veterinary Department of Zaria Native Authority and the United African Company Ltd (UAC). The salaries he earned from those establishments made him become one of the “big boys” in his class in those days. It was during his years at the college that he developed an interest in reading law as he was inspired by the law practice of lawyers such as the late Mr. Noel Grey, who then lived and practised in Kano, Mr. Beckley, who later became a judge of the Lagos State High Court, the late Mr. Sawyer, who then lived and practised in Lokoja as well as Alhaji A.G.F. Razak (SAN) who was the first indigenous lawyer from the Northern Nigeria. When he completed his secondary education at the Barewa College, Zaria in 1957, he applied for the Northern Nigeria Government Scholarship to study law in U.K, he was invited in 1958 for the interview but the invitation got to him late and he missed the interview. As a result of this he resigned his appointment as Accounts Clerk with the Nigerian Tobacco Company to join the civil service as Publicity Assistant in the Ministry of Information, Kaduna in 1959. His experience in the said Ministry later assisted him greatly when he served as the Editor of the Law Reports of Northern States of Nigeria between 1974 and 1978. Justice Uwais later attended the Institute of Administration, Ahmadu Bello University from where along with some other of his colleagues including Hon. Justice Mustaph Akanbi ,a former President of the Court of Appeal, late Hon. Justice Shehu Usman Mohammed, a former Justice of the Supreme Court, late

Justice Umaru Maidamma, a former Justice of the Court of Appeal, late Hon. Justice Anthony Aina Ekundayo, a Judge of Kwara State High Court and late Hon. Justice Adamu Minjibir, a Judge of Kano State High Court left for England where they were called to the English Bar and thereafter enrolled at the Nigerian Bar on 17th January 1964. He was later that same year posted to the Ministry of Justice of the Northern Nigeria as a Pupil State Counsel from where he rose through the rank to eventually become the Solicitor-General and Permanent Secretary of the North-Central in 1971. His lordship was elevated to the Bench as Acting Judge of the High Courts of North Central, Benue –Plateau and North Eastern States of Nigeria in 1973 and he became substantive Judge the following year. He later shortly acted as the Chief Judge of Kaduna State in 1976 and on 1st January 1977 was elevated to the Federal Court of Appeal along with others including Hon. Justice Mustapha Akanbi who eventually retired as the President of that court. Hon. Justice Uwais was at the Court of Appeal till August 1979 when he was elevated to the Supreme Court together with Hon. Justice Augustine Nnamani of blessed memory. Hon. Justice Muhammadu Lawal Uwais sat on the Supreme Court Bench for 27 years out of which he presided over the court as the Chief Justice of Nigeria for 11 years. As at today no justice of that court has spent close to three decades on that apex court bench in Nigeria. He was the first Chief Justice of Nigeria to retire at the age of 70. During his stay in the court he served under 5 Chief Justices of Nigeria who are: Hon. Justice Darnley Alexander, Hon. Justice Atanda Fatayi-Williams, Hon Justice George Sodeinde Sowemimo, Hon. Justice Ayo Gabriel Irikefe and Hon. Justice Mohammed Bello all now of blessed memories. Before retiring from the

Hon. Justice Muhammadu Lawal Uwais (Rtd)

Supreme Court Bench, Justice Uwais worked with not less than 54 Justices of the court. When he was being sworn in as the 9th Chief Justice of Nigeria in 1995, the then late Head of State, General Sani Abacha had this to say:“Hon. Justice Muhammadu Lawal Uwais, by his appointment as Chief Justice of Nigeria has assumed leadership of the judiciary after 16 years as Justice of the Supreme Court of Nigeria…He is no less a legal giant. His training, experience and intellectual capacity have adequately prepared him for the exalted office of the Chief Justice of Nigeria. His rich professional back-ground explain the high expectation engendered by this appointment, especially at this critical time in our history. We expect he will bring his vast experience, maturity and foresight to bear on the judiciary”. Hon. Justice Uwais during his CONTINUED ON PAGE 12

Legal Personality of the Week Emmanuel Onyedi Wingate

‘Law is a Vast Area and There is Room Enough for Everybody’ the military needed to go for Nigeria to be better. And lawyers were always mentioned. I particularly liked Newswatch and the late Gani Fawehinmi SAN was often featured. I figured I would be like Gani Fawehinmi SAN and the dream to become a lawyer stuck. I remember my LLB Long Essay submitted to the University of Nigeria was on the “Liberty Limiting Excesses of Arrests in Nigeria”. My firm is a commercial law firm. I could indeed have chosen to simply do transactions, which occupies the pride of place in our practice, but from the very beginning I gravitated towards the Commercial Dispute Resolution Practice Group. That is, also, perhaps the reason I have zealously thrown myself into my firm’s impressive access to justice work.

My name is Emmanuel Onyedi Wingate. I am a Senior Associate in the Commercial Dispute Resolution and Energy Practice Groups of Sterling Partnership, Legal Practitioners. I hold an Honours Degree in Law from the University of Nigeria where I was President of the Law Students’ Association and I attended the Nigerian Law School. Have you had any challenges in your career as a lawyer and if so what were the main challenges? I have not had any peculiar challenges. Law is a jealous wife. I knew what I was going into when I decided to become a lawyer. What was your worst day as a lawyer? My worst day as a lawyer yet was representing an illiterate deaf defendant being tried for narcotics related offences at the Federal High Court on a pro bono basis. The court struck out all the fine jurisprudential points on his inability to stand trial because of his lack of understanding of sign language except for signs which were merely descriptive, uncertain and therefore inadequate, and even went ahead to admit evidence purportedly thumb printed by the defendant without the endorsement of an illiterate’s jurat despite our protestations. It was saddening. What was your most memorable experience? The day I was told I was promoted to Senior Associate when I thought I still had about five years to get there. It was a validation of the exceptional skills I was told I had. Who has been most influential in your life?

Emmanuel Onyedi Wingate

My late mum, Josephine Ezirike Atiodo, has had the most influence in my life. She loved reading. She taught me to read all by herself and indulged me with much reading time. I am the lawyer I am today because I read all the time. Why did you become a lawyer? Military rule. Growing up, while others lived fairly normal lives I read a lot; mainly newspapers, magazines and novels. In those days, Nigeria was one day, one trouble. Hardly a day passed without a feature article on something the military had done and why

What would your advice be to anyone wanting a career in law? Law is a vast area and there is room enough for everybody. Whatever your skill set, with diligence and hard work you will find a place. If you had not become a lawyer, what would you have chosen? A print journalist. I love reading and I can write. Where do you see yourself in ten years? I hope to have taken silk Deo Volenti and made partner in my firm. I look also to becoming a prominent Bar Leader, in order to drive my interest in the standardisation of legal practice. That is the only way to improve the conditions of practice for our young lawyers who face challenges of poor conditions of service. Senior members of the Bar, I believe, are paying lip service to the

challenges young lawyers face, mainly poor wages. Many young lawyers literarily slave for so-called respectable seniors. It is important to address this because not only is it the root cause of the much touted falling standards of law practice in Nigeria, it also puts ethical standards in jeopardy and by extension puts the general public at risk. The previous model whereby senior lawyers claim their younger colleagues learn under them and should therefore wait until they become principals in their own right before earning their livelihoods just would not work in present day Nigeria. It was possible in those days because there were fewer lawyers and therefore enough briefs to go round, if a junior angrily stumped out of his principal’s office and then hung a tiny wooden sign outside a ramshackle office announcing himself as “Barrister and Solicitor of the Supreme Court of Nigeria” briefs came. In any case, why continue age-old practices many agree ensue hardship? Because slavery was once legitimate do we continue in slavery? My agenda, is to create standards that must be met by law firms. The Legal Practitioners Privileges Committee can even kick start it by providing that in addition to the standards already listed, an applicant for the rank of Senior Advocate of Nigeria should for the preceding five years have been senior member of a firm of at least ten lawyers with a minimum wage structure similar, at least, to those obtainable in the Ministries of Justice and proven to have had this structure in place for at least, the preceding five years. All SANs must maintain this structure and it should be possible for any junior to bring an action for backlog of wages that did not correspond with the structure. I hope within the next ten years to be in a position where I am capable of driving reforms along this lines.

21.06.2016

CJN’s Appointment from Outside the Supreme Court and Judicial Independence Ahuraka Yusuf Isah

he media has been awash with all manner of pre-emptive and speculative write-ups on who will become the next Chief Justice of Nigeria, an exercise that is usually marked with quietude as it has never been open to contest; since the 1999 Constitution (as amended) and the tradition of the judicial community laid down the CJN’s appointment procedure. “Plot to sidestep CJN’s successor thickens’’, “Rumble in the Judiciary’’some stated; while others openly called on President Muhammadu Buhari to appoint the next Chief Justice of Nigeria from outside the Supreme Court Bench. On a lighter note, a cursory glance at some of these stories, opinions or discourse in the national dailies especially the ones that came up the same week the 75 new judges were undergoing an induction course at the National Judicial Institute (NJI) made me soliloquise: ‘if Buhari heeds these calls, it means the next CJN will have to attend the 2017 induction course at the NJI to learn how to write judgments, assign cases, discipline judges and so on’. This is still the kernel of the thought going through my mind. Besides, there is so much to imbibe, which cannot be taught anywhere else except through experience; after all this is why experience has no alternative or substitute, but the best teacher, as the ageless saying goes. By the way, I mused, are these calls not being made at the most inauspicious timing? One of the calls that sounded curious appears to be by a group known as United Action for Change (UAC), led by the Legal Adviser to the All Progressives Congress (APC), Dr Muiz Banire (SAN) which was published in some dailies on 24 May 2016. The question is why should anyone linked to the APC be making this call when the party sought for the heavens to fall because the Supreme Court judgments in the Abia, AkwaIbom and Rivers states Governorship Election Petitions Appeals went in favour of the opposition party, the Peoples’ Democratic Party (PDP), whereas the APC gained Jigawa and retained Lagos State based on the same interpretation. I recall that the period following the judgments witnessed a legal bedlam as notable personalities including a professor of law, insisted that the apex court ought not to have made heavy weather with Sections 49 (1) and (2) of the Electoral Act 2010 (as amended) adopting analogue procedure for the accreditation process to determine those cases. To him, the report of the Electronic Card Reader Machine for accreditation of voters as provided for in the

Approved Guidelines and Regulations for the conduct of the 2015 General Elections should have sufficed. In other words, a policy guideline ought to take legal precedence over an Act of the National Assembly. One could get worried that the impression being created in the mind of the general public is that the APC wants to have its person as CJN so as to avoid a repeat of seemingly “anti-government” judgments in the Supreme Court. Let us take a step further to examine whether the “succession by seniority” arrangement in the appointment of the Chief Justice of Nigeria is a mere convention or it reflects some measure of constitutionality. Section 231 (1) of our Constitution states that ‘the appointment of a person to the office of CJN shall be made by the President on the recommendation of the National Judicial Council (NJC) subject to confirmation of such appointment by the Senate’. By virtue of the ‘2014 Revised NJC Guidelines and Procedural Rules for the Appointment of Judicial Officers of all Superior Courts of Record in Nigeria’, the Federal Judicial Service Commission (FJSC) shall request for applications to fill vacant judicial officers positions including that of the CJN. The commission, which is headed by the incumbent CJN, screens the applicants and shortlists two or three names to NJC; that is also screened thoroughly and recommendations of one or two persons are made to the President for appointment as CJN. In other words, even the President’s candidate, as some commentators are urging him to nominate, shall apply to the FJSC and could only be shortlisted if he or she adequately and competitively meets the criteria spelt out in Rule 3 (6) of the NJC 2014 Revised Guidelines, and subsequently makes it to the top at the screening/ interview exercise before recommendation by the NJC to the President for appointment as CJN. These commentators averred that the judiciary needs someone with radical ideas to transform it. Radicalism, of course is not marked by the mere donning of a red beret or sheer display of “gra-gra” fundamentalist actions on the street. If the Justices of the Supreme Court are not radical enough, how come with all the entreaties, threats or intimidations received, they were able to deliver judgments that are against the interests and wishes of the ruling parties or government in power? Mr. Rotimi Amaechi had emerged in the River State’s PDP governorship primaries in 2007. However the then President Olusegun Obasanjo later gave his ticket to Omehia, saying Amaechi had “k-leg” and could not be PDP’s candidate in the 2007 gubernatorial election. But in the phenomenal case of AMAECHI v OMEHIA, the Supreme Court declared Amaechi as the governor. It was a judgment

which sent shockwaves and reverberation across the country, warning particularly the political class that the days of crass irresponsibility and lawlessness were over, thereby forcing constitutionality and civilised conduct upon the political class. The verdict of the Supreme Court not only exposed the shortcomings in our laws but also the short comings in our understanding of our laws. The Supreme Court judgment on 13 December 2008 in the then General Muhammadu Buhari’s appeal left four out of seven justices of the apex court upholding the April 21, 2007 presidential election while the remaining three said that it could not stand. It could be recalled that it was Justices George Oguntade, Aloma Mariam Mukthar and Walter Samuel Onnoghen, while delivering their judgments in respect of Buhari’s appeal, who held that there was substantial non-compliance with the Electoral Act 2007, which in their opinion vitiated the election. They consequently set aside the judgment of the Appeal Court, which had earlier upheld the election, and in its place nullified the presidential election. Nevertheless, the remaining four members of the panel, namely, the then Chief Justice of Nigeria, Justice Idris Legbo Kutigi, Justice Iyorgyer Katsina-Alu, Justice Niki Tobi and Justice Dahiru Musdapher upheld the election and the rest is history. These are just a few judgments underlining a streak of radicalism in the otherwise conservative apex court bench. The judiciary cannot be reformed without the amendment of our Constitution and although several CJNs have sent proposals for its amendment, these are gathering dust in the National Assembly. It is trite that a democratic society which takes the independence of its judiciary for granted, does so at its peril. Judicial independence, of course, is the ability of judicial officers to conduct their work free from improper pressure by the executive, by litigants and by particular pressure groups. Judicial independence is not in existence when this arm of government cannot freely choose its leaders. Likewise when its members are not paid enough to render them free of financial worries or worse still, when the principles of security of judicial tenure are not sacrosanct, then the consequences can be debilitating for our justice system. Similarly, one cannot call it a democracy if Nigerians cannot freely choose their President, governors and legislators. And what becomes of our democracy if the President solely hand picks persons as Speaker of the House of Representatives and Senate President for the Senate; of course, the legislative independence is eroded. Section 231 (4) directs that ‘if the office of the Chief Justice of Nigeria is vacant or if the person holding the office is for any reason unable to per-

Chief Justice of Nigeria, Hon.Justice Mahmud Mohammed

form the functions of the office, then until a person has been appointed to and has assumed the functions of the office, or until the person holding the office has resumed those functions, the President shall appoint the most senior Justice of the Supreme Court to perform those functions’. As can be inferred from the abovecited provision, the President is not even mandated to choose any one he likes to be the Chief Justice of Nigeria but to follow the tradition of succession by seniority in the appointment of the Chief Justice of Nigeria. An appointment of the CJN therefore from outside the Supreme Court amounts to sentencing without trial of the Supreme Court Justices. And the consequences that would trail such an arrangement is better imagined. Of course, except the Justices of the Supreme Court are replaced with outsiders at the same time, hell may appear more remarkable than our apex court. This is because the entire legal profession and indeed the Bench are premised on seniority and a hierarchical structure. When such features are removed and replaced by political overture, chaos would set in. A call on President Buhari to appoint whoever he likes as CJN is akin to descending into the arena of needless controversy, a crass invitation to assault the judicial autonomy and independence and a violation of the principles of separation of power. As the saying goes, “whoever sows dragon teeth shall harvest whirlwind’’; and may God forbid. Ahuraka is the media aide to the CJN

COURT TO RULE ON ELEGANZA’S WINDING UP PETITION AGAINST SKYE BANK OVER N111M DEBT CONTINUED FROM PAGE 4 bank on April 24, 2015 in respect of its counterclaim on N111,732,000. The company stated that it has made several applications to Skye Bank to pay the debt but the bank has failed or neglected to pay the sum or any part of it. "The petitioner has exhausted every means within its power to enable the bank/respondent liquidate or pay its indebtedness but the bank still failed and/

or refused to liquidate its long overdue indebtedness since 2009", it stated. But Skye Bank in its Motion on Notice dated April 5, 2016 urged the court to dismiss the petition on the ground that it is an abuse of process and it was issued malafide. The Bank, in its Motion on Notice filed pursuant to Order 26 Rules 1,2 and 11 and Order 16 Rules 3 and Order 26 Rule 11 of the Federal High Court (Civil

Procedure) Rules, 2009 and Under the inherent Jurisdiction of the court also asked the court presided over by Justice Idris to dismiss the petition. According to the bank, the petition should be dismissed on the ground that it is an abuse of process and it was issued malafide. The bank in its Motion said the alleged debt of the petitioner is disputed and none-existent and predicated on a default

judgment of the High Court of Lagos State obtained by fraud. "The petition has also instituted garnishee proceedings and obtained garnishee order nisi attaching the disputed debt from the funds of the Applicant with the Central Bank of Nigeria, which order is still subsisting", the Skye Bank stated. However, Justice Idris has adjourned ruling on the bank's application till September 30, 2016.

21.06.2016

Taking Away the Power to ‘Hire and Fire’ without Reason: the ALOYSIUS v DIAMOND BANK’S Case Revisited Folabi Kuti

recent review of the National Industrial Court’s decision in the case of MR. EBERE ONYEKACHI ALOYSIUS v DIAMOND BANK PLC. [2015] 58 N.L.L.R 92 has again brought to the fore arguments on the seeming inelastic jurisdiction that the NIC is (now) clothed with, no thanks to a ‘sweeping’ alteration to the nation’s organic law. I refer to Mrs. Efe Etomi and Elvis Asia’s co-authored piece on ‘The Power of the National Industrial Court – A Review of ALOYSIUS v DIAMOND BANK’, published in THISDAY Law (pg. 11) of the 31st day of May 2016 issue. In more specific terms, the quarrel here is with the NIC attempting to re-write labour law from a fairly settled prism of master-servant relationship wherein the former is endowed with the power to ‘hire’, and can/may simply terminate the latter, an ‘hireling’, for reason, or no reason at all. The NIC, in Aloysius’ case, will have none of that and was quite emphatic in declaring ‘that the Court can now move away from the harsh and rigid common law posture of allowing an employer to terminate its employee for bad or no reason at all’. The Court was no less insistent in sounding a death knell on such practices in the following words: ‘it is now contrary to international labour standard and international best practice and, therefore, unfair for an employer to terminate the employment of its employee without any reason or justifiable reason that is connected with the performance of the employee’s work’. Considering that the NIC is a court with exclusive jurisdiction on labour and employment matters, and its decisions are, as at today, majorly not subject to appeal (except on sparingly enumerated matters stated in section 243 of the Constitution of the Federal Republic of Nigeria, 1999 – as amended), the decision in Aloysius’ has clearly earmarked a new horizon; indeed a new day, for the employee. A radical departure from the applicable principle of law in a master and servant relationship the common law developed, and by which the decisions from our courts (up to the apex court) before now have proceeded. An employee can no longer be lightly discarded without a reason, as this decision arguably paves the way for job status guaranteeing security of employment. The jurisprudential basis is pithily expressed as staying in sync with the global position on employment relationship, easily summed up as “International Labour Standard” and “International Best Practice”. But the review under reference thought differently. As a takeoff point, and predominantly (in) several parts of the review, the commentators argue- rightly in my view- that the NIC cannot invoke a provision, which, they further posit, is to be determinative of the employmentrelated dispute before the court, but which did not form part of the case, nor was it raised by either of the parties, without first calling on (the) parties to address on the point. Each case on its own facts, the ‘error of judgment’ in the Aloysius’ case, in my view, and sharing the commentators position on the point, is that the issue, at least from the body

of the judgment, appeared to have been solely raised by the Court, without the parties addressing on same, even as the decision ultimately rested on the point. At least, on the court-formulated Issue No. 1, ‘Whether or not the determination of the claimant’s employment by the defendant is with reason, which is wrongful’, the court reviewed the position vis-à-vis the facts of the case, and concluded thus: “I further hold that the reason given by the defendant for determining the claimant’s employment in the instant case, which is that his ‘service was no longer required’ is not a valid one connected with the capacity or conduct of the claimant’s duties in the defendant bank. In addition, I hold that it is no longer conventional in this twenty 1st century labour law practice and in industrial relations for an employer to terminate the employment of its employee without any reason even in private employment.” Now, a community reading of select provisions of the establishment law, the National Industrial Court Act 2006 (specifically, sections 7(6), 13, 14 and 19 thereof) will lead to an inescapable inference: that the court is imbued with the power to grant remedies which, in its estimation, a party is entitled to in the (court’s) concurrent administration of law and equity. The court is thus indubitably endowed with an overriding power to apply best labour practices across board, in its adjudicatory work. This is more so as the NIC is enjoined, in its adjudicatory process, to always have due regard to good or international best practices in labour or industrial relations. The point, however, is that a decisive issue as the applicability of an International Labour Organisation (ILO)’s convention, or the position that termination without reason is contrary to International Labour Standard and International Best Practice, may arguably not be taken except (i) it is/was submitted as part of the claim before the court, or recorded to have been

argued as a point of law in the course of cross-arguments on the final analysis of the case; or, (ii) where the foregoing is absent in a case before the court, then the court, in raising suo motu, should invite parties to address on it before a decision predicated on same is reached. Otherwise, a decision so reached may be successfully challenged on ground of lack of fair hearing, which, thoughtfully, is a specified subject matter appeal of NIC decisions. Be the above as it may, this writer’s point of departure from the review (under reference) is whether the NIC can exercise the power to apply an ILO convention under reference having not been domesticated into a local law. On this point, the commentators argue that the NIC was wrong to have applied an ILO Convention (the Termination of Employment Convention 1982 [No. 158]) which though ratified has not (yet) been enacted into law by the National Assembly. There are two strands to this argument (in opposition), and both wickets are adequately served in an illuminating decision of the NIC on the point. I refer to AERO CONTRACTORS CO. OF NIGERIA LIMITED v NATIONAL ASSOCIATION OF AIRCRAFTS PILOTS AND ENGINEERS (NAAPE) & ORS (http://judgment.nicn.gov.ng/ pdf.php?case_id=539). First is that arguments that a ratified ILO convention, not yet domesticated, is not available for enforcement is only tenable from the prism of the Supreme Court’s decision in THE REGISTERED TRUSTEES OF NATIONAL ASSOCIATION OF COMMUNITY HEALTH PRACTITIONERS OF NIGERIA AND 2 ORS v MEDICAL AND HEALTH WORKERS UNION OF NIGERIA [2008] 2NWLR [Pt. 1072] 575 where the apex court held that, in so far as an ILO Convention has not been enacted into law by the National Assembly, it has no force of law in Nigeria and so it cannot possibly apply; relying on section 12(1) of the 1999 Constitution and the case of

ABACHA v FAWEHINMI [2000] 4 SC (Pt.11)1. However, with the coming into effect of the Constitution of the Federal Republic of Nigeria (Third Alteration) Act 2010, Section 254(C)(2) thereof contains a watershed provision; a ‘veiled’ suggestion that treaties relating to labour matters, once ratified, do not require domestication in application, or enforcement in labour matters. S. 254(C) (2) speaks of applicability of ratified conventions, and the opening paragraph is carefully worded to read: ‘Notwithstanding anything to the contrary in this constitution’, by necessary inference shutting out the proposition that an ILO convention can only become applicable if ratified and domesticated, in accordance with the provision in section 12 of the self-same Constitution. The point being that the NIC can apply provisions of ILO conventions which have been ratified even where these are yet to be enacted into law by the National Assembly as the provision of S. 254(C) (2) can only be constructively construed to mean superseding or overriding any other provision of the Constitution; the very context in which the decision in The Registered Trustees of National Association of Community Health Practitioners of Nigeria’s case was handed down, long before the enactment of S. 254(C) (2). But that is not all. The NIC, (per Hon. Justice B.B Kanyip) has further written to expound a most potent argument on section 7(6) of the NIC Act vis-a-vis Section 12(1) of the Constitution. For emphasis, Section 12 of the 1999 Constitution provides that “No treaty between the Federation and any other country shall, have the force of law except to the extent to which any such treaty has been enacted into law by the National Assembly.", whilst section 7(6) of the NIC Act is to the effect that: the Court shall, in exercising its jurisdiction or any of the powers conferred upon it by this Act or any other enactment or law, have due regard to good or international best practice in labour or industrial relations and what amounts to good or international best practice in labour or industrial relations shall be a question of fact.’ On the argument of domesticating ratified treat(ies) to have force of law, the NIC (in the Aero Contractor’s case) commendably espoused a proposition that the Constitution (Third Alteration) Act 2010, which inserted section 254C(1)(f) and (h) and especially (2) is the domestication demanded by 12 of the 1999 Constitution itself. The provision of section 7(6) of the NIC Act above has also been posited as meeting the said domestication requirement. A significant matter here is that the NIC seems to be on a sure footing to apply “international best practice in labour, employment and industrial relation matters” and ensure “the application or interpretation of international standards” in its adjudicatory work. Such an approach is not brazen judicial law-making in the absence of express laws, or outmoded laws such as the extant 1970s-enacted Labour Act but evidently backed by express lettering in the intendment of the law-makers. All said, the caveat is resoundingly apparent: employers and lawyers alike, beware. Terminating an employee’ without a reason stated is no longer good law. Welcome to a new day, servant-master. Folabi Kuti is a Partner in the commercial law firm of Perchstone & Graeys.

8/COVER

21.06.2016

COVER/9

NBA Elections 2016: The Epic Battle Between A.B Mahmoud and J.K Gadzama This year’s elections into the national offices of the Nigerian Bar Association is not only a first of its kind in the history of the Association. Lawyers for the first time will vote electronically from any part of the world. The election also promises to be different in many aspects. As Mr. A.B. Mahmoud SAN and Chief J.K Gadzama SAN, two legal titans crisscross the country canvassing the votes of Nigerian lawyers, May Agbamuche Mbu, Jude Igbanoi and Tobi Soniyi asked each of them what they have to offer the Association and its over 80,000 members in their two year tenure.

‘I Will Run an All-Inclusive NBA Dedicated to Members’ Interest’

‘I Will Reinvent the NBA and Re-establish its Values of Professionalism and Integrity’

igerian lawyers are now faced with the difficult task of deciding who will lead the Nigerian Bar Association for the next two years. You are in the race with an equally formidable contender. What are your plans for Nigerian lawyers if you become NBA President? NBA elections are usually very keenly contested. But the difference this year is that both Mr. Gadzama and myself offer two different trajectories for the legal profession. My vision and mission for the Bar are clear and I hope more appealing to our members. My broad mission is to lead the quest of the legal profession to regain the confidence of the Nigerian people. This means I will work to improve on regulation, raise our standards and quality of legal services. I will fight for a clean judiciary whilst working to improve the welfare of our members in particular, the younger members of the profession. I will work to reinvent the NBA to re-establish its values of professionalism and integrity. I have set out my plans very clearly in my manifesto which is available on the NBA website. Most NBA presidential aspirants have grandiose manifestos and seemingly populist programmes, but these are hardly followed through on assumption of office. What will be your main areas of focus if you are elected NBA President and how will you implement them during your two-year tenure? The tenure of an elected executive of the NBA is only two years. It is quite short. In designing programmes, I take cognisance of what can realistically be achieved in those two years. Our current leadership has been very innovative. It has brought about some fundamental changes that have to some extent redefined the association. I intend to build on those ideas and programmes. I will try to deepen the institutional reforms within the NBA and reposition it. Our branches will be my main delivery agents.That means I must strengthen them, improve on their management and accountability. In terms of my programmes my main focus will be on regulatory reforms, welfare package for members and rebuilding confidence in the judiciary. This year, the NBA’s electoral process is quite innovative; it is a radical departure from the old system. For the first time, voting

will be conducted electronically. There will also be universal suffrage which will give every lawyer in Nigeria an opportunity to vote. What are your views on this system? The new electoral process is very innovative. We must commend the NBA leadership for this. It demonstrates that technology can be used innovatively to enhance institutional processes, to improve participation and accountability.The lessons are beyond NBA borders. The nation can borrow from this. It is important therefore that we get it right. There are some concerns, particularly as we have not used it on a large scale as we would in the July elections. I am confident however that sufficient investment has been made to secure the quality of the infrastructure and also guaranty the fidelity of the process. The welfare of young lawyers features prominently in your manifesto. How do you intend to actualize this welfare package if you win the election? I take the predicament of young lawyers seriously. They represent the future of the profession and indeed the country. I have put up ideas in my manifesto. Once I win the election, I will put a process in motion to validate my ideas and programmes and build a consensus around them and begin implementation in earnest. The strategy is to implement some quick wins, and deal with medium term measures within the time available to my administration and set the stage for the longer term strategy to be developed. Some of the improvements will be achieved in the context of the proposed regulatory overhaul. I will explore an NBA sanctioned minimum terms of employment in different bands across the country in line with a broad mapping of cost of living. The long term strategy will focus on capacity building, professional development and a more appropriate legal education curriculum that will equip young lawyers to meet the needs of the legal market. The young lawyers will be involved at every level of design and implementation. I want them to own the programmes. The issue of adoption of candidates by ethnic and regional fora is one which at best can be described as a double edged sword. In the past it worked well to produce consensus candidates, but this year, it appears that even your region, the North was unable to agree on a candidate. As things stand right now, the Arewa Lawyers’ Forum is sharply divided over who to adopt. This same scenario played out in the last elections

A.B. Mahmoud SAN PHOTOS: Idris Egaji

when the South West’s Egbe Amofin could not agree on a candidate. How would this affect this year’s election? Unfortunately the legal profession has become a victim of the political culture that has emerged in Nigeria amongst some Nigerian politicians. Some of our colleagues have learnt and perfected the antics of crafty politicians. They pay lip service to democratic values and practices whilst in fact they neither believe in democracy nor democratic values. The regional fora within the NBA emerged during the years of our crisis in the early 90s. They were expected to play a stabilising role within the NBA system to promote negotiation and consensus building but not to undercut our formal constitutional processes. Some of our colleagues unfortunately try to use these fora to seek unfair advantage. This is what causes the divisions and the acrimony. I hope that this trend will not be allowed to continue and these fora will resume their role of cementing unity and consensus with the NBA system. I hope I will initiate honest conversation around these issues. As for this particular election, there have been many contrived and spurious claims of endorsement or adoption. I am confident that the voting lawyers are not going to be taken in by these false claims. They will reach their decisions as informed and discerning voters. In this year’s election, campaigns posters were banned, donations to branches were banned; newspaper and television adverts were banned. How has this affected your campaign so far? How have you been able to successfully reach out to the over 160,000 Nigerian lawyers? The banning of the traditional campaigns using posters, banners, advertisements etc. are part of the laudable efforts of the current administration to reestablish the professional character of the NBA. The Nigerian Bar Association ought not to assume the character of a political party. Our activities including elections of our officers should be conducted within the bounds of professional decorum and ethics. But the process had become too expensive and too unprofessional. Often quite rowdy and rancorous. The changes are welcome and if I win the election, I will work to deepen these reforms. We must reclaim the association from those who seek to push us in a different direction. In terms of my campaigns now, I try to reach the generality of our members

through social media. My manifesto is currently on the NBA website. I use other avenues of professional activities to put my views and ideas across to our members. At the moment I am also making efforts to visit our members in their branches and have conversations with them on issues around the election and our programmes for the NBA. What are your thoughts on the Stamp & Seal policy introduced by the out-going administration which has thrown up over 2,000 fake lawyers within one year? The Stamp and Seal policy introduced by the Alegeh administration has been very innovative. It has helped to expose none lawyers who have over the years infiltrated the profession. It has also helped us to reclaim the legal market from other professionals intruding into the practice of law. However, I recognise that there are many complaints from our members. I have promised to immediately constitute a broad committee to look at the areas of dissatisfaction and try to improve the scheme. But everywhere I have been to, I have emphasised on the need for lawyers to support the scheme as it has been central in protecting our broad professional interests. Despite the remarkable achievements of the outgoing administration, the NBA Section on Public Interest and Development Law is still somewhat inactive. The Section on Legal Practice is just coming back from a hiatus. What are your plans for the sections of the NBA and how do you intend to make them viable? I will work to revive both SPIDEL and the Section on Legal Practice. I will also encourage the Section on Business Law to enhance its reach to lawyers across the whole country. The NBA Sections will play a key role in the continuing legal education of our members, raising standards and delivering generally on my continuing professional development programmes. SPIDEL, under my leadership will become one of the main tools for public interest intervention by the NBA. I will immediately identify knowledgeable and dedicated professionals that will revamp it. I will commit sufficient resources and also seek other partners to assist my administration. There has been a general outcry over

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igerian lawyers are now faced with the difficult task of deciding who will lead the Nigerian Bar Association for the next two years.You are in the race with an equally formidable contender. What are your plans for Nigerian lawyers if you become NBA President? I envisage an effective, efficient and purposeful NBA committed to the protection and promotion of the rule of law and maintenance of the best traditions of the Bar. My mission in this race is to serve with integrity and run an inclusive NBA dedicated to the advancement of the interests of its members and protection of societal norms and values. I have also developed a number of welfare support programmes for members of the Bar if I am elected. Some of these programmes include the provision of loans to members of the Bar, through partnering banks for setting up law firms and partnerships. Special health-care programmes will also be introduced for aged and incapacitated members of the Bar. Also germane is the issue of discipline in the profession which I will holistically address if elected. The welfare and capacity development of young lawyers will also be paramount if I am elected and in this vein, I will champion the establishment of a minimum wage baseline for the engagement of young lawyers bearing in mind the location of the practice and business environment. The practice of paying young lawyers paltry sums as salary must be discouraged in all ramifications. I have also marshalled out plans to empower lawyers and build their capacity by exposing them to emerging vistas of law which currently remain largely untapped. Some of these areas are sports law, competition law (anti-trust), entertainment law, medical law e.t.c. This I will achieve by ensuring training, capacity building, organising relevant workshops, conferences and seminars and by networking with development partners, as well as more developed Bar Associations internationally. Another area of interest which I will address is initiating a Health Insurance Policy in collaboration with the National Health Insurance Scheme (NHIS) for all interested lawyers and their family members to guarantee easy access to quality healthcare and benefits. This will go a long way in addressing the health needs of lawyers and their family members. Under my leadership, the NBA stamp and seal policy will be enhanced by tackling all attendant delays in its production by ensuring that the stamps are produced and made available to lawyers promptly upon application. The NBA car stickers is also another area of concern and I

intend to put machinery in place to ensure that the car stickers are serialised and customised for lawyers to avoid its abuse by non-lawyers as is presently the case. If I am elected, I will run the NBA in a transparent manner by ensuring accountability and openness in all dealings and affairs of the Association. Generally, I will run an all inclusive NBA by ensuring equal opportunities and participation by Branches, promote the rights of members, reposition the NBA as a frontline professional Association committed to holding government accountable and consolidate on the achievements of the present leadership of the NBA in the overall interest of the Association. Most NBA presidential aspirants have grandiose manifestos and seemingly populist programmes, but these are hardly followed through on assumption of office. What will be your main areas of focus if you are elected NBA President and how will you implement them during your two-year tenure? Two years is actually a reasonable time for any focused leader to make an impact. My programmes and vision for the Bar are well thought-out and very practicable. I also have a feasible blue-print for the implementation of my programmes. In drawing up my manifesto, I made wide consultations to identify the needs and yearnings of the Bar and all these are encapsulated in my manifesto which I have undertaken to implement to the fullest if elected. If I am elected as the 28th President of the Nigerian Bar Association, my main focus will be on the empowerment of members, promotion of professional development and continuing legal education. Members will be economically empowered by exposing them to business opportunities, training and capacity building in diverse areas of law, as well as capacity building to enhance skills and increase productivity in line with modern realities of legal practice. This I intend to achieve through capacity building workshops, networking programmes, seminars, courses and conferences amongst others. I am of the view that the current Rules of Professional Conduct 2007 (RPC) is due for a comprehensive review to bring it in tandem with current trends and reflect modern realities. This year, the NBA’s electoral process is quite innovative; it is a radical departure from the old system. For the first time, voting will be conducted electronically. There will also be universal suffrage which will give every lawyer in Nigeria an opportunity to vote. What are your views on this system? The adoption of universal suffrage is no doubt a departure from the usual modus operandi of elections in the NBA. I think it is a welcome development. Technology has become the order of the day and I think the NBA should move

J.K Gadzama SAN PHOTOS: Julius Atoi with the global trend. I also see it as a sign of advancement and I am optimistic that if professionally handled, it will turn out to be an effective system of voting. Also, this is going to be the first time that it will be used for NBA national elections and I do not expect that it will be without hitches. It will also interest you to know that the electronic voting system was successfully used for the NBA Abuja branch elections in 2014 and the Chartered Institute of Arbitrators (Nigeria Branch) elections a few years ago. It is actually a more convenient and accessible way of voting and in that regard, it is a better option compared to the former voting system. No doubt, the most welcome innovation is universal suffrage which has guaranteed every eligible member the right to vote and in so doing, participate in determining the kind of leadership they want. The welfare of young lawyers features prominently in your manifesto. How do you intend to actualise this welfare package if you win the election? The welfare of young lawyers is very dear to my heart and that explains why it features prominently in my manifesto as you rightly said. As I earlier stated, I will champion the establishment of a wage baseline for young lawyers considering the location of practice and business environment, if I am elected. I intend to accomplish this by engaging and consulting the management of law firms across the country and working in concert with the various branches of the NBA. There has to be a forum where all and sundry will actively participate and majority will reach a consensus on a wage baseline for young lawyers. All concerned parties, that is the senior lawyers, management of law firms, various NBA branches and the young lawyers themselves will participate in this process and I am optimistic that it will yield a positive result. I have come to realise that finance is one of the challenges that young lawyers face in this profession. To this end, I intend to set up a loans’ board that will be saddled with the responsibility of disbursing soft loans to deserving lawyers, especially the young ones in order to assist them in setting up law firms and partnerships. This will be done in conjunction with partnering banks. The NBA under my leadership will ensure that these facilities are easily accessible to lawyers by making the process less cumbersome.

The Health Insurance Policy is also one of the programmes that I have designed in terms of welfare of lawyers. I believe that young lawyers will greatly benefit from this programme which I will implement if I am elected. I intend to achieve this through effective collaboration with the National Health Insurance Scheme to guarantee easy access to quality healthcare and benefits at a subsidised cost. I believe that the welfare of young lawyers will be greatly improved by enhancing their skills and developing their capacities. To this end, I will replicate on a larger scale for the NBA, what my firm; J-K Gadzama LLP has been doing over the years. That is to develop a mentorship programme for young lawyers with a resource base drawn from senior lawyers and judges of superior courts (both serving and retired) and also establish a Cross-Border Mentorship Programme for them. Our young lawyers must be equipped with the requisite skills and abilities to address contemporary legal challenges and access enhanced benefits. This can only be achieved by training and re-training. The NBA under my leadership will be an all inclusive one. All members will be carried along, given a sense of belonging and treated fairly. I will ensure that qualified young lawyers are incorporated in various committees, boards and given key positions and tasks in the Bar to expose, empower and improve their skills. The issue of adoption of candidates by ethnic and regional fora is one which at best can be described as a double edged sword. In the past it worked well to produce consensus candidates, but this year, it appears that even your region, the North was unable to agree on a candidate. As things stand right now, the Arewa Lawyers’ Forum is sharply divided over who to adopt. This same scenario played out in the last elections when the South West’s Egbe Amofin could not agree on a candidate. How would this affect this year’s election? It is not correct to say that the Arewa Lawyers’ Forum is sharply divided over who to adopt. I can tell you that there is no division in the Forum. An Internal Electoral Screening Committee of the Forum was initially set up to recommend the adoption of a Presidential candidate for the Forum. We also submitted

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10/COVER

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‘I WILL REINVENT THE NBA AND RE-ESTABLISH ITS VALUES OF PROFESSIONALISM AND INTEGRITY’ CONTINUED FROM PAGE 8 the current state of indiscipline and poor ethics of lawyers. How do you intend to improve the professional ethics of lawyers? As I mentioned earlier one of my major focus is reengineering the regulation of legal practice. Addressing the issues of indiscipline and poor ethical standards amongst lawyers is a prerequisite for regaining the confidence of Nigerians in the legal profession. I will work to identify and deal with institutional bottlenecks that impede or undermine the disciplinary processes. Sanctions will be applied vigorously. I think a majority of lawyers I have spoken to across the country agree on the urgent need to raise standards and address issues of discipline. I will move swiftly on this. The level of computer literacy of Nigerian lawyers is noticeably low. If you win the NBA elections how would you improve this? I will invest in improving the knowledge and skills of our members across all fields including computer literacy. The legal profession must brace up to new knowledge and new skills. We have to bring ourselves to the level of knowledge, sophistication and standards we see in other emerging economies and indeed developed countries. I believe that Nigeria is on the verge of a new era of prosperity and transformation. The legal profession has to play its part. It cannot do this on the basis of outdated paradigms. I will invest in creating a new culture of knowledge and skills. When,

I see some of our younger members of the profession, I become very optimistic. The Bar-Bench Forum was introduced to foster a good working relationship between the Bar and the Bench. It was very interactive in many branches, but has gradually become inactive. How can it be revived? I am considering an NBA led initiative of periodic Justice Sector Assessment and ranking of all States of the Federation. The objective is

to evaluate the quality of service delivery in our justice sector and elicit healthy competition amongst the states, including branches of the NBA and the respective State Judiciaries. Improved service delivery will naturally require close collaboration between the respective State Bars and their Judiciaries. This will require them to meet regularly if they are to do well in the NBA rankings. My administration will be seeking partnership on this initiative amongst

our development partners. The out-going Alegeh led administration despite the commendations it has received from several quarters cannot be said to be perfect. What short-comings did you observe in the out-going administration and how do you intend to improve on them. No management of human affairs can be perfect. I will rate the administration very high. Its achievements have been impressive. But I will work to strengthen the branches. The branches will become the focal points of our activities: welfare programmes, capacity building and disciplinary control. I will also look at the implementation of the new constitution and see how I can smoothen some of the wrinkles the process has generated. The myriad political and legal issues facing African countries require collaboration between the various regional Bar Associations. If you become NBA President how will your administration facilitate this? Collaboration between African Bar Associations will be very important in sharing experiences in a variety of fields: human rights protection, access to justice, internal conflicts and promoting inter-African Business. Recently, in Lagos we had a meeting of African Bar Leaders. I will support and strengthen those initiatives. The legal profession, effectively collaborating across Africa can hasten the dawn of new African Renaissance.

‘I WILL RUN AN ALL-INCLUSIVE NBA DEDICATED TO MEMBERS’ INTEREST’ CONTINUED FROM PAGE 9 an addendum giving reasons why we should be adopted as the candidate of the Forum. We were appraised based on seniority at the Inner Bar, contributions towards the progress of the Bar, general acceptance, popularity, attendance at meetings, among several others. The Committee fully and exhaustively deliberated upon the issue and recommended me as its sole candidate but my opponent protested which eventually stalled the process. A meeting was however held on Thursday, 9th June, 2016 at which I was formally adopted as the sole Presidential candidate of the Forum in the forthcoming NBA National officers’ elections. This is a welcome development and it also goes to show that the ALF is one strong and united forum. This development is also an indication that I have the overwhelming support of a majority of the Arewa lawyers. My adoption by the ALF has been formally communicated in a letter signed by the Vice Chairman; Garba Pwul, SAN and the Assistant Secretary; T.T. Hyundu, Esq to the President of the NBA, as well as the respective Chairmen of the following fora; South-West Lawyers’ Forum, Egbe-Amofin, Eastern Bar Forum (EBF), South West Bar Forum and Mid West Bar Forum. In this year’s election, campaigns posters were banned, donations to branches were banned; newspaper and television adverts were banned. How has this affected your campaign so far? How have you been able to successfully reach out to the over 160,000 Nigerian lawyers? The banning of campaign posters and media adverts is actually a welcome development. To an extent, it has reduced the cost of electioneering. It has also engendered some degree of sanity in the process. It has not in any way affected my campaign negatively. I have been able to successfully reach out to lawyers in almost all branches of the NBA in all the States of the Federation. It has been my tradition over the years and long before this election to honour invitations from various NBA Branches, participate in their activities, consult elders of the Bar, pay courtesy calls and visit various branches of the NBA. In so doing, I have been able to reach out to the majority of lawyers before and in the course of my campaigns. My inter-personal relationship with lawyers across board over time, the networks that I have built throughout my practice years have proved a worthwhile investment and some measure of connection to lawyers in almost every part of Nigeria. We have been drawing from these investments. What are your thoughts on the Stamp & Seal policy introduced by the out-going administration which has thrown up over 2,000 fake lawyers within one year? The policy which has fought impersonation and quackery to a standstill is very commendable and must be sustained. If I am elected, I will put machinery in place to enhance the policy by ensuring that all stamps are produced and promptly delivered to the respective branches/ members in good time upon application. Some

members have also complained about the issue of the expiry date on the stamp and to this end, I will address this issue holistically considering the Relevant Rules of Professional Conduct (RPC) and the general concerns of members. Quite a number of lawyers have also complained about the cost of procuring these stamps and in this regard, I will consider reviewing the cost in line with current economic realities and in the overall interest of members, especially young lawyers. Another issue of concern is the delay in the production and delivery of the stamps. As I earlier stated, I will drastically reduce, if not totally eliminate all delays and bottlenecks in the production of the stamps in order to ensure that the stamps are delivered promptly upon application. Despite the remarkable achievements of the outgoing administration, the NBA Section on Public Interest and Development Law is still somewhat inactive. The Section on Legal Practice is just coming back from a hiatus. What are your plans for the Sections of the NBA and how do you intend to make them viable? The Sections are very key to the Nigerian Bar Association and must be strengthened. Being the Pioneer Chairman of the NBA Section on Public Interest Law (SPIDEL) and Pioneer Vice Chairman of the NBA Section on Legal Practice (NBA), I know that the role and importance of the Sections cannot be overemphasised. Under my leadership, I will create an enabling environment for the various Sections to thrive and institutionalise the process of selecting their successive leadership following democratic tenets and due process. This will engender confidence building and commitment from their respective memberships. The NBA under my leadership will also give all the needed support and assistance to the various Sections to enable them function effectively for increased productivity. There has been a general outcry over the current state of indiscipline and poor ethics of lawyers. How do you intend to improve the professional ethics of lawyers? The dignity of the profession has recently been undermined through some perceived unprofessional acts of some members. This situation underscores the need for the Bar to have a determined leader who can firmly address issues of discipline amongst its members and ensure timely action to preserve the integrity of the profession. Under my leadership, the Legal Practitioners’ Disciplinary Committee will be supported to deliver its mandate more effectively. One consideration is to have disciplinary proceedings conducted in a transparent manner that is open to public scrutiny. This is akin to what obtains in the United Kingdom where members of the public even participate in some stages of the disciplinary proceedings. The current Rules of Professional Conduct for Legal Practitioners 2007 (RPC) also appears to be outdated. I will put machinery in place to make sure that the RPC is amended to meet the current realities

of legal practice especially as it affects discipline and the ethics of legal practice. Strict adherence to the RPC will be propagated and the NBA will collaborate with other relevant bodies and authorities to put in place measures that will ensure the highest levels of discipline in the profession. The level of computer literacy of Nigerian lawyers is noticeably low. If you win the NBA elections how would you improve this? I am not entirely sure that this is accurate especially with the younger generation of lawyers who demographically are the significant majority. Having said that, I do acknowledge the deficit which though reflective of a regional problem can and should be addressed. The world is going digital now and Nigerian Lawyers cannot afford to be left behind. According to the International Telecommunication Union (ITU), 3.2 billion people, about half of the world’s population are online. However, only 34% of households in developing countries have access to internet. If elected, the use of ICT will be introduced as part of the continuing education programme. Lawyers will be given incentives to attend and participate in workshops on how to use the computer and other modern technological equipments. The young lawyers will also be given increased access to ICT facilities and services available at the National Secretariat at subsidised rates to enhance their ICT competencies. The NBA under my leadership will also work in concert with the various courts on the introduction of electronic filing of court processes, sensitisation and creation of awareness of relevant software and ICT applications among members. The Bar-Bench Forum was introduced to foster a good working relationship between the Bar and the Bench. It was very interactive in many branches, but has gradually become inactive. How can it be revived? This can be revived by creating more awareness of the forum and enhancing the relationship with the Bench. Many members of the Bar are not aware of the existence of the forum and this is a major impediment to its success. Some lawyers have also said that the timing of the Bar-Bench interactions are usually not convenient. These and other factors militating against the success of the Bar – Bench forum will adequately be addressed. All members must also be given a sense of belonging in this process and the NBA leadership under my watch will ensure that resolutions reached at the forum are fully implemented. The out-going Alegeh led administration despite the commendations it has received from several quarters cannot be said to be perfect. What short-comings did you observe in the out-going administration and how do you intend to improve on them? An Assessment of the present administration is actually a relative one. What is not in doubt is that Augustine Alegeh, SAN will be leaving the NBA better than he met it. His administration has performed well though there is always room

for improvement. It is said that the room for improvement is the biggest room in the world and we cannot rest on our oars. The myriad political and legal issues facing African countries require collaboration between the various regional Bar Associations. If you become NBA President how will your administration facilitate this? Collaboration between the various regional Bar Associations is very germane and will be sustained under my leadership if I am elected. In this regard, I will consolidate on the achievements of the present NBA leadership. It will also be recalled that the NBA in collaboration with other Bar Associations and Law Societies in Africa hosted the pioneer African Bar Leaders Conference which held on Sunday, 10th April, 2016 in Lagos, Nigeria. Another point of reference is the 2015 Pan African Lawyers Union (PALU) Annual Conference which was held in Abuja from the 22nd to 24th day of September, 2015 which I actively participated in. I will bring the wealth of my experience garnered over the years by my active participation and interaction in these bodies to impact on the fortunes of the NBA. I will ensure that more avenues are created and that the NBA is properly represented in order to brainstorm, dialogue and cross-fertilise ideas with representatives of other regional Bar Associations across Africa and beyond all in a bid to continuously offer practical solutions to political and legal issues facing African countries. Also, the NBA under my leadership will ensure beneficial, well-informed, timely and coherent contributions to the debates on regional issues and promotion of democratic ethos and institutions in the African region.

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Ten Steps Nigeria Should Take To Increase Its Tax Revenue Chukwuebuka Uyanwa

Introduction t is no longer news that the Nigerian government is broke. Key government officials use every available opportunity to remind Nigerians of that fact. The Nigerian state has since the discovery of crude oil, been run almost solely on petrodollars. Now that oil prices have crashed, the government has, not for the first time, decided to turn to taxation to fund infrastructure. I hope that this time it will not just be lip service. One of the features of a well run country is an efficient tax administration system which means in basic terms – simple and easy to understand tax laws, simple registration/collection process, and an efficient tax adjudication system. The tax to GDP ratio revealed by the rebasing of the Nigerian economy in 2014, confirmed what we already suspected – the government was not collecting enough taxes in relation to the size of the economy. I generally do not support the creation of more taxes (except No. 3 below), neither do I ordinarily support an increase in tax rates (except in the case of VAT). What Nigeria needs is to enlarge its tax net. Below, I suggest ten ways the Nigerian government may achieve this: (1) Modify/Enforce Section 85 of Personal Income Tax Act (PITA) One of the most effective ways to increase tax compliance is to make the taxpayer come to you. Majority of tax compliant individual taxpayers are those under the payroll system. This is easy for the government to enforce because the employer serves as an agent of the tax authorities by deducting payroll taxes at source and paying over to the authorities. What about the countless number of people not under the payroll system or working for small businesses that have somehow managed to escape the tax woman’s radar? Section 85 of the Personal Income Tax Act (as amended) is meant to solve this problem. The section states that “A Ministry, Department or an agency of Government or a commercial bank with whom a person has any dealing with respect to any of the transactions mentioned in subsection (4) of this section, shall demand from the person a tax clearance certificate (TCC) for the three years immediately preceding the current year of assessment”. Some of the transactions mentioned in subsection 4 are: - Application for Government loan for industry or business; - Registration of motor vehicle; Application for firearms licence; - Application for foreign exchange or exchange control permission to remit funds outside Nigeria; - Application for certificate of occupancy; - Application for award of contracts by Government, its agencies and registered companies; - Application for import or export license - Application for registration as a contractor; - Confirmation of appointment by Government as chairman or member of a public board, institution, commission, company or to any other similar position made by the Government; - Application for registration of a limited liability company or of a business name;

Chairman, Federal Inland Revenue Service, Babatunde Fowler

- Application for allocation of market stalls; and - Appointment or election into public office The aim of this provision is obviously to make the scope of transactions large enough to make it impossible to carry out any sort of business in Nigeria without being tax compliant. The TCC shows chargeable income, tax payable, tax paid, tax outstanding or alternatively a statement to the effect that no tax is due, and the tax identification number (TIN) of the individual in respect of the last three years. The law also provides that the TCC must be submitted to the issuing tax authority for verification. The law provides that any government organization or corporate entity that does not comply is guilty of an offence and liable to conviction to a fine of N5, 000,000(Five Million Naira (approx $14,000)) or to imprisonment for three years or both fine and imprisonment. The application of the law should not be restricted to the government and commercial banks. Transactions such as the application for employment into the public or private sector, obtaining loans other than government loans, the renewal of professional licences, the issuance/renewal of drivers’ license, opening of bank accounts and application for/renewal of passports should be included to make the list more exhaustive. The tax woman needs to inform the relevant stakeholders about these provisions and go ahead to prosecute defaulters to show Nigerians that she is serious with the application of this provision. (2) Modify/Enforce Section 101 in the Companies Income Tax Act (CITA) There is a similar provision in the Companies Income Tax Act (CITA) (as amended) subjecting certain transactions to the TCC requirement. Section 101 of CITA mirrors the transactions provided for in section 85 of PITA but does not provide any penalty for its breach. However, section 92 of

the CITA provides that "Any person guilty of an offence against this Act or any person who contravenes or fails to comply with any of the provisions of this Act or of any rule made thereunder for which no other penalty is specifically provided, shall be liable on conviction to a fine of N20,000.00" [approx. $60]. This penalty is unlikely to deter non-compliance. An amendment of the law is required to provide a steeper penalty for the breach of this provision. An important transaction covered is the “application for award of contracts by Government and its agencies and registered companies.” This is particularly important considering how much companies jostle for lucrative government deals. When a company realizes that it cannot be awarded any contract (from either government or private companies) without submitting its TCC, that will motivate it to be tax compliant. The law should be amended to include contracts awarded by individuals and unincorporated entities and to deal with situations where a company is currently contesting tax assessments issued by the tax authorities. As stated in No. 1, some public awareness is required and then prosecution of principal officers of defaulting government ministries/ agencies and private companies to fire shots of intent. (3) Introduce Net Wealth Tax Nigeria’s mega-rich will have to pay more taxes (at least for some time). Like I stated earlier, I am not an advocate for the creation of more taxes but this tax is not just about revenue generation. I would explain why below. A net wealth tax is a levy on the total value of personal assets, including owner-occupied housing; cash and bank deposits, money funds, and savings in insurance and pension plans; investment in real estate and unincorporated businesses; and corporate stock, financial securities, and personal trusts, cars, private jets. To enforce this, every Nigerian citizen resident in Nigeria who owns any

asset covered will submit online, a tax return disclosing all assets held in Nigeria and overseas and pay the required tax on the value of the assets if it meets the threshold for the tax (we could make the threshold assets in excess of 350,000,000 Naira (approx $1M)). We could tinker with the rate – 0.3% or 0.5% but since the law will have a timeline – 5 years, we could tax as much as 1%. Non-disclosure and under reporting will carry steep penalties of imprisonment. Of course, this disclosure should include assets held by spouses and children. This tax and its attendant reporting requirement may help curb corruption, as culprits will have to declare all the proceeds of corruption. I believe this tax has the capacity to send many past and present public office holders to jail. Non-disclosure, under reporting and schemes to hide the true ownership of assets will be rampant and as stated earlier, we will only need a few high profile defaulters. To do this effectively, the tax authorities will have to work closely with other agencies like the Companies Affairs Commission (CAC), Securities and Exchange Commission, various property registries and banks to help establish the beneficial owners of assets. The government will also have to take advantage of Tax Exchange Information Agreements (TEIAs) signed with other countries to help expose those who try to hide offshore assets. To help encourage compliance, information supplied under this law will enjoy tax privacy (with proper technological protections) and only disclosed to other agencies (EFCC, ICPC, CCB) at the order of a court of law. The agency requesting this information must show reasonable cause why the tax particulars of an individual should be disclosed. The tax authorities and the individual should have the opportunity to contest this request. In addition, there should be steep penalties for tax officials responsible for the unauthorized disclosure of tax information of individuals. Will this tax receive the support of the Nigerian legislature? I doubt. In addition, there will be valuation issues and the risk of capital flight. At the very least, the law could be restricted to the disclosure of beneficial ownership of assets. This will give the tax authorities ample materials to work with in their drive to increase tax revenue and probably reduce the temptation to be corrupt. (4) Improve Value Added Tax (VAT) Compliance VAT is tax on the supply of goods and services. Every business is to register as a VAT agent of the government. Businesses charge VAT on the supply of goods and services and remit the money to the Federal Inland Revenue Service (FIRS). Ways to increase VAT compliance should be a burning issue for the tax authorities. Investments should be made in technology to make VAT registration and the remittance of VAT easy for businesses with adequate provisions made for VAT refunds. The digital economy also creates new VAT challenges. The tax woman should focus on all e-commerce platforms operating in the country and follow up to make sure they are charging (and remitting) VAT for goods and services rendered to Nigerian residents. With a growing number of tech startups in Nigeria, continuous training is required for tax officials to keep up CONTINUED ON PAGE 13

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21.06.2016

THE CANVASS MICHAEL NUMA

michaelnuma@thecanvasscolumn.com

The Rise of Arbitration in the Financial Services Industry Part II

he part of this article earlier published considered the general perception of international arbitration in the financial industry as well as its comparative advantages over litigation before National Courts. This part of the article will consider the plausible reasons for the negative perceptions towards the use and rise of arbitration in the financial industry. Amidst the commendable advantages of arbitration most especially with respect to the swift enforcement mechanism of awards by virtue of the New York Convention over litigation, it is perhaps striking that arbitration has not seen further growth. Two factors can be identified for the lack of further growth. Firstly, the majority of banks continue to favour litigation where that is a viable option. In part, this is because of the reasons for the historical preference for litigation earlier outlined in part one of this article. The trend also reflects a degree of unease about arbitration on the part of some financial institutions. The concerns include: that arbitration can be slower than litigation; that arbitrators could lack an appreciation of how finance works; and the arbitral tribunals have fewer procedural tools at their disposal (example inability to grant ex parte orders or a temporary Restraining order (TRO) save for the emergence of “emergency arbitrators”) and can be less robust in their procedural decisions. Furthermore, some banks take the view (most times on a transaction –by-transaction basis) that the enforcement risks associated with litigation is largely theoretical because in practice their counterparties will comply voluntarily with a judgment of a court in a major commercial jurisdiction. A survey has shown that less than 15% of large corporations globally had to seek enforcement of their awards because, in a

majority of the cases, their counterparties had voluntarily complied with the award in question. The conclusion to be drawn from this data is unclear. It could reflect either a culture of compliance among respondents (the statistics is not certain how many of them are from emerging markets where the issue of enforceability arises more directly). Alternatively, it could reflect a recognition on the part of award debtors that contesting enforcements under the New York Convention would be futile. Secondly, as earlier noted notwithstanding the significant enforcement advantages offered by arbitration, it is potentially problematic to provide for arbitration in relation to some financial products. A typical and often cited example which arises is the requirements in the New York Convention for the formal validity of an arbitration agreement. It is elementary that only the parties to an arbitration agreement are obliged to submit their disputes to arbitration. Arguably, Article II(2) of the New York Convention

UWAIS: SALUTE TO A GREAT JURIST AT 80 reign at the apex court actually demonstrated his vast knowledge and experience.In his lordship’s own words: “In my capacity as Chief Justice of Nigeria, I succeeded in bringing about a number of changes in the manner in which the Supreme Court conducts its affairs. In 1998, I was able to convince General Abdulsalam Abubakar, as Head of State, to appoint more Justices of the Supreme Court. For the first time ever since the 1979 Constitution came into operation, the court got full complement of 16 Justices. This enabled me to change the sitting arrangement of the Justices of the Court in September to mark the beginning of the legal year and have new Senior Advocates of Nigeria sworn-in. I also introduced 3 terms for the court in the Legal Year, during which arrangements of panels change.” The legacy left behind by this great jurist on the apex judicial bench still remains indelible through his several landmark decisions at the apex court between 1979-2006 as aptly put together in the book titled: Uwais Through Cases edited by the late Chief Gani Fawehinmi. Among those cases where Justice Uwais reemphasised the importance of the Supreme Court in the interpretation of the Constitution of the Federal Republic of Nigeria ARE A-G.,

requires an arbitration agreement to be signed by the parties – although most national lex arbitral tend to apply a lower standard for the formal validity of an arbitration agreement (e.g that it only needs to be in writing), and in any event Article II (2) is often interpreted liberally. Potentially, a difficulty could arise in relation to tradable securities: how can the assignee of such a security be said to have adhered to an arbitration agreement contained in it, for example, the terms and conditions of an issuance of bonds? Arbitration agreements are sometimes used in this context; this may make sense if the applicable national law of the seat only requires arbitration agreements to be in writing, rather than being signed, for it to be valid, but it could be problematic if the applicable law requires an arbitration agreement to be signed. Furthermore there is no known example to the writer’s knowledge of such an arbitration agreement being found to be invalid, nevertheless, there is a good reason for financial institutions

to use arbitration with caution in these circumstances. Another example arises from the use of arbitration in relation to retail financial products. Some jurisdictions place limits on the arbitrability of consumer disputes. As a related point, even where arbitration is chosen for a transaction, it will not necessarily be the choice for all agreements relating to that transaction. In particular, the enforcement of security under the law of the place, in these circumstances, it may be sensible to provide for litigation in security documents, even if other documents (such as a loan agreement and the inter-creditor agreement provides for arbitration). The total outlook with respect to the topic is complex, but might be summarised in the writer’s opinion as follows. In general, financial service institutions have a well established preference for litigation. However, the enforcement advantages of arbitration outweighs the misgivings that they have about the arbitration process in some circumstances. These circumstances are increasing in line with globalisation and greater investment in emerging markets. As a result, there is a growing use of arbitration in the financial services industry, although it continues to be used much less in that industry than in others such as construction, investment and insurance. There are a number of challenges to be addressed and surmounted as arbitration sees more use in the financial sector. To identify just a few; effective arbitration clauses have to be drafted for complex financial structures and the guide provides a strong lead in this regard; arbitral procedures have to be designed to satisfy the desire on the part of the creditors for prompt decision making; and the pool of arbitrators with a good understanding of complex financial products has to be widened. Clearly, there is a lot of work to be done if arbitration is going to gain further acceptance in the financial sector, and there remains plenty of scope for further innovation.

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FEDERATION v A-G, ABIA STATE (2001) 11 NWLR (Pt.725) 689; A-G., ONDO STATE v A-G., FEDERATION (2002) 9 NWLR (Pt. 772) 222; A-G., LAGOS STATE v A-G., FEDERATION (2004) 18 NWLR (Pt. 904) 1; INEC Vs. MUSA (2002) 17 NWLR (Pt. 796) 412 and FAWEHINMI v I.G.P. (2002) 7 NWLR (Pt. 767) 606 just to mention few. During his tenure he fought gallantly against the disease called corruption in the judiciary while at the same time he demonstrated how a head of an institution should live above board as he made it an habit to remit to the Federal Treasury whatever remain unspent of the money allocated to the judiciary which was attested to by Chief Olusegun Obasanjo during his presidency. When his lordship was retiring from the bench, Chief Obasanjo said: “…I must however, admit that your retirement at a time when Your Lordship’s experience, hard work, integrity and humility were very much in demand and when the reforms initiated by this Administration,with particular reference to the judiciary, are beginning to take root,is a great loss to me as a person, the administration and indeed, Nigeria as a whole…I am however happy to say that under your leadership, the judiciary has been

able to restore public confidence in the judicial process through the enthronement of rule of law. Let me at this juncture express the nation’s gratitude to you for the meritorious service you rendered to your fatherland in the past 47 years. Nigeria will certainly miss your exemplary leadership and commitment to the rule of law. It is our hope that the legacy you are living behind will continue to be the guiding principles of Judiciary so that together we can move Nigeria forward.” The exemplary leadership and meritorious service rendered to the nation particularly the judiciary by Hon Justice Uwais is a legacy that must be followed by every practitioner of law particularly those judicial officers on the bench. There are many judicial officers on the bench today who unlike Justice Uwais derive pleasure from intimidating counsel appearing before them. While some do not respect counsel, some display the attitude of “between them and us”meaning they on the Bench are superior to those at the Bar. There are judicial officers today who unnecessarily keep counsel waiting in court and when they eventually come out to preside cases do not believe they owe counsel an apology for sitting late or keep them waiting in court. When some lawyers are elevated

to the Bench, they behave as if the Bar was not their gate way to the Bench. Among the attributes of a good judge is to accord respect to all the counsel appearing before him or her, to maintain good comportment on the Bench by not intimidating counsel and to patently allow each counsel to present his or her argument without inhibition and browbeating. Hon. Justice Muhammadu Lawal Uwais for his selfless service and contribution to the nation and judiciary in particular was at various times awarded with several laureates. In 1980 he was conferred with the National Award of Commander of Order of Niger (C.O.N) while in 2000 he was again awarded the Grand Commander of the Order of Niger (GCON). Between 1993 and 1994 he served as the Chairman of the Body of Benchers. In 1971 he became a Fellow of the United Nations Human Rights while in 1997 he became the Honorary President of the World Jurists Association, Washington D.C, United States of America. In 2000, Justice Uwais became Honorary Life Fellow of the Society for Advanced Legal Studies, London, United Kingdom. Abdulrasheed Ibrahim is the former Publicity Secretary, NBA Lagos Branch.

21.06.2016

THE LIGHTER SIDE/13

LEGAL HUMOUR

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

Dear Counsel, I have been reading your column every Tuesday and I am very impressed with the legal advice given. Please I need your legal advice on this matter. I am a unit holder of 5,000 units in one of the Banks in Nigeria. In 2013 this Bank paid me my distribution at the rate of 0.08k per unit. However, the 2015 Financial Statement I received contained the following statement ‘….proposed distribution per unit N5.38 (2015) and 5.35 (2007)…..’ This is found on page 3. On page 5 it stated ‘The Fund Manager proposed that a dividend of N5.38 per unit will be paid to members.’ I want to believe the same amount of N5.35 was made in 2013 financial statement for unit holders. (No financial statement was sent to me that year.) I also understand that to mean that in 2013 N5.35 per unit was supposedly paid. Then, why was I paid N0.08 per unit? What am I to do? I feel short changed. Do I have a case? Mr. H.A Emai, Kabba, Kogi State

Dear Mr. Emai, You do have a very good case. But from all indications it appears that there was a typographical or clerical error in the preparation of your 2013 statement. The first step that you need to take is to lodge a complaint with the Bank’s Registrars through your Stock Broker. This error must be stated clearly and attach a copy of the slip indicating the amount you received for the 2013 financial year. If you did not acquire your shares through a Stock Broker, then engage a chartered accountant or a lawyer to do this for you. They will take the necessary steps to rectify this anomaly. But if you are unable to resolve this through this means, my advice is that your lawyer should file and maintain an action in court against the bank to ensure that you get what is rightly accruable to you.

TEN STEPS NIGERIA SHOULD TAKE TO INCREASE ITS TAX REVENUE with the trend. In relation to the supply of goods from foreign sellers, VAT collection at the ports should take care of compliance. The VAT Act exempts foreign services (but does not define it). However, resident taxpayers should deduct and remit VAT from payments made to foreign suppliers of services and intangibles consumed (used) in Nigeria. This is in line with OECD’s destination principle that provides that the taxing authorities of the jurisdiction of consumption should collect VAT on services and intangibles. This principle recently received support from the Tax Appeal Tribunal (Lagos Division) in Vodacom Business Service v. Federal Inland Revenue Service (FIRS). This principle is a whole lot easier to enforce in B2B (business-to-business) cases as you can easily locate the consumer of the goods. B2C (business-to-customer) cases pose a different set of challenges e.g. a Nigerian resident buys a song from iTunes. In this case, only iTunes (which has the capacity to know that a VATable transaction has occurred in Nigeria) can really ensure VAT compliance. The OECD recommends that jurisdictions develop a simplified electronic VAT compliance system to encourage foreign suppliers to register and remit VAT originating from B2C sales in their jurisdictions. The VAT Act should be amended to accommodate (and modify where necessary) the OECD guidelines. Finally, increase the VAT rate from 5% (one of the lowest in the world) to at least 10%. (5) Re-evaluate all tax incentives Review all tax incentives offered under various Nigerian laws periodically to ascertain the real cost of these incentives as compared to the economic benefits derived from them. When the cost to the government exceeds the economic benefits derived then they should be scrapped immediately. In addition, the government should regulate the issuance of tax incentives to avoid abuse. Tax incentives to specific companies should be discouraged. The abuse of the Pioneer Status regime is a good example of what happens when there is no consistent policy to regulate tax incentives. (6) Make tax registration and the payment of

A jury is a collection of people banded together to decide who hired the better lawyer. Below are some of the laws, which are still in existence In Ottumwa, Iowa, "It is unlawful for any male person, within the corporate limits of the (city), to wink at any female person with whom he is unacquainted." In Los Angeles, you cannot bathe two babies in the same tub at the same time. In Zion, Ill., it is illegal for anyone to give lighted cigars to dogs, cats, and other domesticated animals kept as pets. In Carmel, N.Y., a man can't go outside while wearing a jacket and pants that do not match. In St. Louis, it's illegal to sit on the curb of any city street and drink beer from a bucket. In Hartford, Conn., you aren't allowed to cross a street while walking on your hands In Michigan, a woman isn't allowed to cut her own hair without her husband's permission. In Pennsylvania, "any motorist driving along a country road at night must stop every mile and send up a rocket signal, wait 10 minutes for the road to be cleared of livestock, and continue."

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tax as easy as ABC Tax registration should not be a walk-through process. No, it should be an online process without stepping into a tax office. The payment of taxes should be a simple process and tax audits should not be cumbersome. Obtaining a TCC should not take more than three business days. In addition, tax officials should understand that their main job is to make it simple for taxpayers to comply with their tax obligations. The public should regularly rate tax units on their response time. Let bonuses and promotions be tied to these public ratings. (7) Training of Tax Officials Tax officials should understand the connection between their jobs and the development of the country’s infrastructure. Tax planning by multinationals has become more sophisticated. Therefore, tax officials of developing countries more than ever need to be better informed about the resources and the techniques required for combating aggressive tax planning. They should undergo periodic improvement courses to equip them with the skills necessary to deal with the ever-changing tax landscape. People are prepared to pay their taxes when they feel others are also paying theirs. Therefore, tax officials must have (and be seen to have) the capacity to detect and punish tax evaders. This will encourage already compliant taxpayers. Commissioners of the various Tax Appeal Tribunals, Judges of the Federal High Courts, Justices of the Court of Appeal and Justices of the Supreme Court will also benefit from regular tax seminars to keep them abreast of the latest developments in the tax world. Remuneration should be given due consideration to motivate officials, attract brilliant minds and help discourage corruption. Officials caught in shady practices should be prosecuted. (8) Put a searchlight on the Entertainment Industry If an artist is paid money, the tax woman should know about it. How much do artists receive in royalties? Do our movie stars pay taxes on their acting fees? How much did that movie producer on her latest release? The tax woman should know. The

Nigerian wedding industry is a multi-billion naira industry. The tax woman needs to focus there too. Are the make-up artists, comedians, fashion designers and caterers paying their taxes? The list could go on. In addition, major luxury purchases and major donations should trigger tax audits of the individuals concerned. (9) Tackle waste and corruption on all levels Nobody wants to pay taxes to help fund the ostentatious lifestyles of government officials. The Nigerian government must be (and be seen to be) fiscally responsible. Unnecessary government purchases, large entourages, state sponsored medical trips at foreign hospitals and state sponsored foreign vacations are not helpful. (10) Invest in Education and Infrastructure You cannot tax unemployed youths roaming the streets or businesses that are closing up due to lack of power and raw materials or because they are being suppressed by harsh economic policies. A vibrant tax system can only run alongside solid public infrastructure and sound economic policies that encourage investment and entrepreneurship. Conclusion I deliberately avoided the petroleum industry since the Nigerian government is trying to reduce its dependence on the sector. It is however obvious the sector needs major reforms to improve efficiency. The Nigerian Extractive Industries Transparency Initiative recently released the 2013 Oil and Gas Audit Report. The tax woman should closely review the report and issue additional assessments to companies that may have underpaid taxes in the past. Tax is a contract between the government and its people. This contract propels the people to demand better governance from their leaders and places a burden on the leaders to provide purposeful leadership. The Nigerian people more than ever, need a binding contract between them and their leaders. Let tax be that contract. Chukwuebuka Uyanwa specialises in the taxation of cross border mergers and acquisitions. He holds an LL.M in International Taxation from New York University.

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21.06.2016

STATE OF THE ART NNAMDI AWA-KALU

n.awakalu@auklegal.com

Export Promotion: Eclipsed by the Forex Float

ast week, the entire world waited with bated breath for the announcement by the Governor of the Central Bank of Nigeria. Over the course of the present administrationâ&#x20AC;&#x2122;s tenure, the national currency, the naira has been pegged at a value of N199 to the United States Dollar at a fixed exchange rate. Notwithstanding the economic shocks this caused and the effect it had in causing the parallel market rate to balloon, the Federal Government stuck to its guns. Finally, Godwin Emefiele, the CBN Governor bowed to pressure and instituted a Flexible Inter-bank Exchange Rate, essentially leaving market forces of demand and supply to determine the going rate for forex. The scale of this news and the relief it brought with it overshadowed the other big announcements by the CBN on Thursday June 16th, 2016. The CBN repackaged its Non-Oil Export Stimulus Facility (ESF) and Export Rediscounting and Refinancing Facility (RRF) both of which will be managed by the Nigerian Export-Import Bank (NEXIM) to support the flagging export market and boost revenues and the countryâ&#x20AC;&#x2122;s forex coffers. On the face of it, this is a commendable step in the right direction, a demonstrable boost for economic diversification and the slowing economic growth rate. Improving the volume and value of its exports is high up on the hierarchy of priorities for any government in search of economic growth stimuli. Nevertheless, there is some contention among economic theorists and lawyers on how governments should intercede. Most lawyers argue that the best a government can do is to remove hurdles in the way of the interplay of market forces ensure that exporting firms are fully apprised about the export process, attendant procedure, destination markets and overseas competition. This helps prevent the possibility of regulatory overreach involved in making credit facilities available as well as limiting any questions of transactional integrity that might arise. However, credit availability has long been a bane of Nigerian exporters and the use of innovative economic interventions by the CBN has, in the past, led to some measure of stability in several economic sectors. To complement this recently instituted export stimulus package, there are other actions the Federal Government should also consider, reckoned with as international best practices. In keeping with the ESF and RRF, the FG should try to increase the availability of and access to credit. Particularly with SMEs who suffer greater restrictions on their ability to obtain credit through regular channels than larger firms, it is paramount that the FG make accessible short- and long-term credit options, SMEs make up the bulk of the private sector in Nigeria, as with other developing countries, thus favouring their growth with relaxed and/or extended export credit options would be likely to trigger export growth and, in turn, economic progress.

Perhaps a more long-term strategy to stimulate exports would be to simplify regulation and reduce red tape. The FGâ&#x20AC;&#x2122;s export-related regulation can often be confusing, proving a barrier to the aspirations of exporters with little experience of regulatory complexity, many of whose products are in high demand abroad. Excessive red tape is a challenge for exporters. Conversely, the FG may dedicate its efforts towards collecting, generating and spreading data and statistics about the market into which exporters will be pushing their products and the requirements which accompany the export process to give our exporters the upper hand against foreign competition. It is of greater help to our exporters if they are able to produce goods that are of superior technical quality to their competition and the FG should contribute to this process. Further, the FG may look into what is often reported as the lack of cooperation by government actors with exporters. The FG should foster a strong working relationship between all economic actors in the export space. Apart from utilising well-known policy mechanisms, aiding cooperation between exporters and government actors like the Nigeria Customs Service would ease the export process and make it more attractive. The FG could also put together workshops and programmes to educate SMEs on the possibility of working together in business combinations and consortia to increase their chances of getting credit, producing export-ready products of sound quality and meeting regulatory requirements in order to boost export volumes. Of course, it is risky to follow only one of the foregoing strategies, or to think strictly near-term when the longterm productivity of the export market could be affected by FG policies. Therefore, the smart thing would be to create policy that is an admixture of short and long-term strategies. To succeed at this, the FG would be advised to seek the understanding and buy-in of state governments and regional groupings in order to adequately arrange for export

policies that reflect the state-level and regional export trends. Goods produced in greater quantities in one region could benefit from policies that encourage the industrialisation of production in those areas as well as the simplification of regulation for that particular export item in those areas. The same goes for creating enabling policy to jumpstart the export of a product in another region which is widely available but suffering from a lack of interest by potential producers and exporters owing to the constraints caused by government inattention. Overall, export survives and thrives on a government strategy developed in the round which takes into consideration all factors and institutional complementarities from the geopolitical to the socio-economic. Of primary importance at this stage is that the FG employ a policy mix that is unique to Nigeria. Oftentimes, our governments have been accused of transplanting ideas from other countries and deploying them wholesale without adjusting for the differences between the country of origin and ours. It is essential that the policy mix used by the administration of a given country is the best fit to the distinctive blend of capabilities present there in, including any deficits in those capabilities. Therefore, it is important for Nigeria that the export stimulus strategy adopted relies on very practical criteria for policy design. Looking at the institution of the Flexible Inter-Bank Exchange Rate, for instance, it is evident that the FG took a long hard look at the ravaging effects of a fixed rate on Nigeria before giving in to the suggestions from all quarters that a floating rate had achieved success in other jurisdictions. We also know what little success the mimicking of such policies as the introduction of a regime to regulate transfer pricing has had. Thus, cautious scrutiny of the detail in the local economic and institutional environment is vital for policy results. Establishing complementarities between institutional and policy objectives is also crucial. There are several other policies which taken together, would serve to augment foreign trade performance.

Which is why the announcement of the ESF and RRF close on the heels of the forex float provides so much cheer. With exporters allegedly refusing to repatriate their proceeds from sale and suffer the losses accruing from the fixed naira rate on the one hand, and foreign investors shying away from participating in an economy from which they would be unable to export their proceeds (see the dilemma of foreign airlines with several millions of dollars reportedly stuck in the economy because they could not take it out under the CBN controls which have just been lifted), the fixed CBN forex rate was causing more damage to the export market than a lack of credit for exporters. Also, the introduction of the RRF with the ESF where the latter allows for access to funds for exporters and the former provides some sort of buffer for the banks and institutions who would be exposed to risk from lending, allows for policy complementarities that will surely stimulate exports if allowed to proceed efficiently. All these policy measures cannot be introduced in isolation. A good policy is necessary but will only work if it is introduced alongside other well-meaning policies that dovetail functionally and contextually and are implemented in a manner that allows for even and widespread progress. To conclude, any flourishing export stimulation regime must be clear about its goals, and objectives and the order in which they are prioritised. This is equally helpful in stalling corruption as exporters try to circumvent the system to generate greater profits- if the system encourages profitability, it reduces the need to go the shady route. Specifically, export stimulation policies should repair, maintain and create infrastructure, regulation, access to finance and insurance; foster enduring cooperation between producers, exporters, policymakers and other potential business partners; assist exporters by improving access to information about competitors and export markets; prioritise the quality of goods, and incentivise innovation; and consider institutional and policy complementarities.

21.06.2016

/15

PEARLS OF LAW SANDRA OKE

sandra.oke@norfolk-partners.com

ver the years singing competitions and talent shows have become a regular feature on our television screens because of their soaring popularity. Shows such as Nigerian Idols, Project Fame and more recently the Voice have captured the imaginations of viewers of different ages. The popularity of talent shows and singing contests is hinged on the fact that viewers identify with the contestants on the show because they are ordinary people struggling for relevance which sort of summarises the life of the average man. Additionally, the viewer feels emotionally connected to contestants who have heartfelt background stories. Although these shows are very entertaining, one cannot help but wonder how copyright issues are handled behind closed doors considering the amount of work of artists used by producers. Let us take a closer look at a typical show the Voice or Nigerian Idols, the contestants in the show at the auditioning stage cover other people’s song, as they go through various stages of the show more songs by other artists are also covered. And in shows like the Idol series there are group performances in which participants use the music of a lot of other artists. Countries all over the world including Nigeria recognise the intellectual property rights that exist in musical works and sound recordings. Section 1 of the Copyright Act expressly states that musical works and sound recordings are eligible for copyright protection under Nigerian law. Section 2 of the Act gives conditions for obtaining copyright under the Act which includes expending sufficient effort on the work to give it an original character, the work must also be in fixed medium known or later to be developed from which it can be perceived, reproduced or communicated. Interestingly, in the UK creative endeavours are protected under the Copyright, Designs and Patents Act 1988, these are equally recognised and protected in certain countries. This is a good arrangement which we could seek to include under Nigerian Copyright Law. Apparently, under the US Copyright Act 1976 artists are encouraged to register their copyright claims to create a public record of it and this must be done before an action for infringement is instituted. Another laudable feature of American and British Copyright Law is that they protect works published on the internet with unknown authors called “orphan works.” The Berne Convention 1886 also provides copyright protection to works of members of the union Going back to the issue of using copyrighted material on Talent shows, PAUL PLAY DAIRO V EMERGING MARKET TELECOMMUNICATIONS SERVICES AND

ANOR FHC/L/CS/581/2014 clearly illustrates the copyright issues that arise. In that case the Artist Paul Play Dairo brought an action against ETISLAT for using his song “Mososire” on the programme without paying him for two years. He had averred that during the course of the programme, a contestant performed his song without his express permission. In his supporting affidavit he averred that. “I am the copyright owner of the work named and tagged ‘Mosorire,’ contained in my repertoire, exclusively for the jurisdiction of Nigeria and the authority or permission to exploit such work can only be obtained from me.” He brought this action against the organisers of Nigerian Idol, Etisalat Nigeria, for the use, adaptation and deployment of ‘Mosorire’ on the said show without his consent. The said performance was broadcast to several millions of television viewers throughout Nigeria and the rest of Africa for the 2012 and 2013 editions. Paul Play maintained that as owner and composer of the song, he was entitled to an annual

fee of N100 million on the track. He stated that “having made use of my song without my express consent, the defendants, Etisalat and Optima Media Group, have made him lose some money, while they made gains and improved on their own brand image.” He further sought a declaration “that the act of adaptation, deployment, public performance and exploitation of his musical work titled “Mosorire” by the defendants without the Plaintiff’s prior consent, authorisation, or permission constitutes an infringement of the plaintiff’s copyright as guaranteed by the Copyright Act Cap C28, Laws of the Federal Republic of Nigeria, 2004 and Section 6 6 (b) and 44 of the Constitution.” In a related development in Vietnam, the Voice was criticised for contestants using a song without the owner’s permission. The details of the story are that on June 30, after the first episode of the 2013 The Voice of Vietnam’s Battle Round was broadcast on TV, a young singer Nguyen Dinh Thanh Tam wrote on social media that the show had used

his song “Chay Mua” (Run out of the rain) without his permission. The show was lucky that the singer involved did not take the action to court but was content with sharing his thoughts on social media and local media. Usually on Talent Shows producers obtain licences for the songs the contestants will sing and all other music that will be used in the production process to avoid copyright infringement. Conclusion On a final note, Copyright related issues have to be carefully addressed by the producers of international singing competitions because these shows are broadcast to a very large audience and gain profit from commercials, therefore failing to obtain the artist’s permission will amount to a gross violation of copyright entitling the artist to compensation. Also the Nigerian Copyright Act should be amended to offer musicians more protection for example works posted on the internet are not offered protection by the act.

16/

21.06.2016

Status of Lotteries Under The Law Abubakar D. Sani

believe that the lottery business in Nigeria is presently being carried on in something that can be referred to a legal black-hole, given the glaring anomalies between the relevant extant statutes. But, first things first. What is a lottery? For the answer, I shall refer to a variety of sources, as follows:i) Blacks Law Dictionary, 8th ed., page 966, which defines a lottery as: “a method of raising revenues, especially state/government revues, by selling tickets and giving prizes to those who hold tickets with winning numbers that are drawn at random”; ii) Chambers English Dictionary, 2006 edition, page 951: An arrangement for the distribution of prizes by lot; a game of chance (not involving skill) in which prizes are distributed to purchasers of tickets chosen by lot; a matter of chance”; iii) Sections 204 and 240 of the Penal Code and the Criminal Code, in force in Northern and Southern Nigeria respectively:“any game, method or device whereby money or money’s worth is distributed or allotted in any manner depending upon or to be determined by chance or lot”; and iv) The National Lottery Act, Cap. N.145, Laws of the Federation 2010, Section 57: “any game, scheme, arrangement, system, plan, promotional competition or device for the distribution of prizes by lot or chance, or as a result of the exercise of skill and chance or based on the outcome of sporting events, or any other game, scheme, arrangement, system, plan, competition or device, which the President may, by notice in the Gazette declare to be a lottery and which shall be operated according to a license”. This last source, i.e., the National Lottery Act, 2005, is the prime focus of this piece and I intend to examine to what extent, it any, the National Assembly is empowered to legislate on the subject matter of lotteries in Nigeria. This poser is pertinent in the light of the fact that lotteries are not, in terms, contained in either the Exclusive Legislative List or the Concurrent Legislative List of the Constitution of the Federal Republic of Nigeria, 1999: it is elementary that the Assembly can only legislate on a matter in respect of which it is specifically empowered by the Constitution: DOHERTY v BALEWA (1961)2 S.C.N.L.R. 25 6 @ 258, per Ademola, CJF. Prior to the enactment of the National Lottery Act, 2005, the Criminal Code and the Penal Code in force in Southern Nigeria and Northern Nigeria, respectively, had prohibited lotteries in identical provisions contained in Sections 204(1) (a)-(d) and 240A(a)–(d), respectively, as follows: “Whoever (a) gives or sells or offers for sale or delivers any lottery ticket or pays or receives directly or indirectly any money or money’s worth for or in respect of any chance in or event or contingency connected with a public lottery; or (b) Draws, throws, declares or exhibits expressly or otherwise the winner or winning number, ticket, lot, figure, design, symbol or other result of any public lottery; or (c) Writes, prints, publishes or causes to be written, printed or published any lottery ticket or any announcement relating to a public lottery; or (d) Advances, furnishes or receives money for the purpose of a public lottery

shall be punished with imprisonment which may extend to six months or with fine or with both”. Additionally, Sec. 240A (e) of the Criminal Code penalises “every person who in any manner carries on or assists in carrying on or invites or solicits any person to take part in a public lottery” with imprisonment for six months or a fine of fifty pounds. To the extent that Sections 240A(a)– (e)/204(1)(a)-(d) of the Criminal Code/ Penal Code, on the one hand, and the National Lottery Act, 2005, on the other, contain contradictory and inconsistent provisions on the subject of lotteries, it is obvious that they cannot co-exist. That being the case, the question is: either the National Assembly possesses the legislative competence to repeal the said provisions of the Criminal and Penal Codes - albeit by implication - or it doesn’t. As previously submitted, it is trite that the power of the Assembly to legislate on any matter must be conferred specifically by the Exclusive Legislative List or the Concurrent Legislature List of the Constitution – it is not to be inferred. Whilst the ipsissima verba of the Constitution is silent on “lotteries”, Item 62 of the Exclusive Legislative List thereof, however, appears to confer a general power on the Assembly to legislate on “Trade and Commerce”. What do these terms means? See the Oxford Advanced Learners Dictionary, 6th Edition, pages, 223 & 1270, where they are defined as follows, respectively: - “Commerce”: “Trade, especially between countries; the buying and selling of goods and services”; - “Trade”: “the activity of buying and selling or of exchanging goods and services between people or countries” Assuming that lotteries are covered by the foregoing definitions, I submit that the next question is: Does the power given to the National Assembly by Item 62 of the Exclusive Legislative List of the Constitu-

tion to legislate on trade and commerce extend to lotteries? I submit that it does not. This is because in OGUN STATE v ABERUAGBA (1985)1 NWLR pt.3 pg.395 @405C, the Supreme Court, per Bello, JSC, held, in relation to Item 61 of the Exclusive List of the 1979 Constitution (which is in pari materia with Item 62 of the 1999 Constitution), that: “the Constitution does not confer on the Federation exclusive power over trade and commerce. . . . all the Governments (Federal, State and Local) have been accorded their respective shares to control trade and commerce. Accordingly, . . . the trade and commerce power of the Federation is limited to the sub-items (a) to (f) therein.” The said sub-items are as follows: “62. Trade and Commerce, and in particular – (a) trade and commerce between Nigeria and other countries, including import of commodities into and export of commodities from Nigeria, and trade and Commerce between the States; (b) establishment of a purchasing authority with power to acquire for export or sale in world markets such agricultural produce as may be designated by the National Assembly; (c) inspection of produce to be exported from Nigeria and the enforcement of grades and standards of quality in respect of produce so inspected; (d) establishment of a body to prescribe and enforce standards of goods and commodities offered for sale. (e) control of the prices of goods and commodities designated by the National Assembly as essential goods or commodities; and (f) registration of business names” To the extent that none of the foregoing sub-items includes lotteries, I submit that it was ultra vires of the National Assembly to have enacted the National Lottery Act 2005: Doherty vs Balewa, supra. I submit that this view is reinforced

by the decision of the Court of Appeal in Edet vs. Chagoon (2008)2 NWLR pt. 1070 pg. 85 @103 where the court held - albeit in relation to pools betting and casino gaming, which are similar, if not identical, to lotteries - that, to the extent that neither pools betting nor casino gaming are contained in either the Exclusive or Concurrent Lists of the Constitution, the National Assembly was incompetent to legislate on them. I refer further to Item 5 of Part II of the Schedule to the Taxes and Levies (Approved List for Collection) Act 1998, which reserves for State Governments the exclusive right to collect tax on lotteries. Conclusion i) The National Assembly is not competent to legislate on lotteries because that power is not conferred on it by either the Exclusive Legislative List or the Concurrent Legislative List of the Constitution; in other words, that subject matter is contained in the Residual List, which only States are competent to legislate upon; ii) States have exercised this power by criminalising the operation of lotteries within their respective domains, vide Sections 206 and 240A of the Penal Code and the Criminal Code, respectively; iii) The National Assembly is not competent to repeal any State legislation either directly or by implication, as it has purportedly done to the provisions of Sections 206 and 240A of the Penal Code and the Criminal Code, respectively, through the National lottery Act 2005; iv) Until the said provisions of the Penal Code and Criminal Code, which make lottery business illegal, are validly repealed by any interested State Legislature, the operation of lottery business in Nigeria will remain, in my view, a criminal offence punishable under the aforesaid provisions of the Criminal Code and Penal Code Abubakar D. Sani Esq wrote in from Abuja.

T H I S D AY • TUESDAY, JUNE 21, 2016

BUSINESSWORLD

ENERGY

Sustaining the Tempo of NNPC Reforms With the gains recorded by the raft of measures introduced by the Minister of State for Petroleum, Dr. Ibe kachikwu to enthrone a regime of transparency and accountability in the Nigerian National Petroleum Corporation, Ejiofor Alike writes that recent interventions by the National Assembly and the organised labour in the reorganisation of the state-run oil firm should not truncate the reforms Barely one month after President Muhammadu Buhari had in July 2015 promised a raft of measures to improve Nigeria’s oil and gas sector at separate meetings with ExxonMobil and the Nigeria LNG Limited delegations, the now Minister of State for Petroleum, Dr. Ibe Kachikwu was named the new Group Managing Director of the Nigerian National Petroleum Corporation (NNPC). Prior to his appointment, Kachikwu was the Executive Vice Chairman and General Counsel of ExxonMobil (Africa). Immediately on assumption of office, Kachikwu had initiated a reform targeted at personnel restructuring to enhance transparency and competitiveness of Nigeria’s operating environment. As a cost-cutting measure, he did also not waste time to commence the restructuring of the corporation in a sweeping move that affected senior executives. He also ordered a forensic audit of the NNPC, and pledged to split the Pipelines and Products Marketing Company (PPMC) into three portfolio companies that would manage the refineries, pipelines and supply of petroleum products. In line with the recommendations of President Buhari’s Transition Committee, Kachikwu also cancelled contracts with oil traders and called for fresh tender for oil lifting contracts, saving the NNPC $150 million monthly. Also in an unprecedented move to restore public confidence in the then corruption-ridden NNPC, Kachikwu further opened up the books of the state-run oil company to public scrutiny with the publication of the monthly financial and operational report of the corporation, thus enthroning a new regime of transparency. He further unveiled what he called a threepronged process in the restructuring of the corporation. “It is three-pronged process that I am pursuing. There is a people aspect, which we are dealing with now. There is a process aspect. And after placing the people at the right places, you are going to get a forensic audit done; that will be able to say to you, ‘this is the state of the company,” he said. “We are going to put processes and control in place. We are going to do retraining and repositioning and then, we are going to reengage our majors and minors, all those who are active in the sector, for us to work as a team to take Nigeria forward. It is going to be the process stage. “The final stage will be the business stage, which will be looking at all the existing contracts. Are they good? Are they okay? Do they need to be re-kitted and redone? “We will look at the Production Sharing Contracts (PSCs). What should we do, going forward? We will look at the challenges posed by reduced balance sheet as a result of $40 or $50 per barrel oil. What do we do to energise recovery and income growth so that government will have money to work with? “It is a very intensive work; very calibrated work. A lot of us are not spending time sleeping but over the next five to six months, you will begin to see a new NNPC. A new process of oil administration in the country and obviously, giving fillip to Mr. President’s dream of taking the oil industry back to where it should be.” Expectedly, the gains of the reform were enormous as public and investor confidence was gradually restored in the NNPC. This was evident in NNPC’s success in securing a $1.2 billion multi-year drilling financing package for 36 offshore/onshore oil wells under the NNPC/Chevron Nigeria Limited Joint Venture at a brief ceremony in London. The funding package, which is being financed by a consortium of Nigerian and international lenders, is an integral part of the Accelerated Upstream Financing Programme initiated by

NNPC Towers, Abuja NNPC to address the perennial challenge experienced by the federal government in providing its counter-part funding of joint venture upstream activities. The $1.2 billion is to be channeled into the development of 23 onshore and 13 offshore wells on Oil Mining Leases (OMLs) 49, 90 and 95 in two stages over 2015- 2018. With the corporate restructuring Kachikwu initiated in the NNPC, the corporation has today reduced its average monthly loss from N40 billion when he took over to N3 billion, while efforts remained on target to achieve profitability before the end of 2016, a feat that had not been recorded in 20years. In an exclusive interview, Kachikwu had told THISDAY that the reform was only 25 per cent completed, while 75 per cent was yet to be implemented. Labour protest The NNPC reform had progressed successfully until the corporation was reorganised into seven business units, prompting the workers under the auspices of the two major unions - the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) and the National Union of Petroleum and Natural Gas workers (NUPENG), to go berserk, shutting down the organisation, in protest. Before the protest, Kachikwu had announced that President Buhari had approved the restructuring of the NNPC into seven new divisions. Kachikwu explained that under the new structure, NNPC would have five core new divisions comprising the upstream, downstream, refining, gas and power, and the ventures groups. Two other groups – finance and services – were also created while the number of NNPC’s subsidiaries was expanded from 16 to 20. Kachikwu had also explained to THISDAY that the restructuring did not amount to the break up or unbundling of the corporation and assured workers that there would be no layoffs from the new corporate engineering. But dissatisfied with the new corporate structure of the organisation, the corporation’s workers said that they were not carried along in the entire process, hence their decision

to down tools. Though the workers called off the protest in less than 24 hours and expressed support for the reform, their action re-ignited the age-long opposition to changes in Nigeria’s oil and gas sector as the National Assembly and other entrenched interest capitalised on the protest to lay ambush against the reform. Legislative ambush First, the House of Representatives moved against what it called the planned unbundling of the corporation by the federal government without an amendment to the Act which established the corporation, despite Kachikwu’s clarification that the exercise was not unbundling but mere reorganisation. “We have not unbundled NNPC. We had a press conference yesterday where I explained this. What we have simply done is reorganisation. We have five business entities focused on business: Upstream, Downstream, Refineries, Gas and Power that are there before. “There is also Ventures that capture all our little companies that were not having proper stewardship. They are run by individuals who report to the GMD. The NNPC is still a whole. There is nothing new that has happened. “I have tried to explain this and I am sure the NNPC workers are members of the family, they will understand. We are going to have a meeting, and they will be made to understand. Perhaps the engagement has not been good enough. “NNPC has not been unbundled in the sense of breaking up NNPC into distinct institutions. I am concerned. I don’t want the industry shut down. I am sure we are going to resolve the issues very soon,” Kachikwu had explained. But citing the NNPC, CAP N123, Laws of the Federation, 2004, the House insisted that the structure of the corporation can only be altered, changed or otherwise amended only by an Act of the National Assembly. Following a resolution sponsored as a matter of urgent importance by the Hon. Jarigbe Agom Jarigbe (Cross River PDP), the law makers urged Buhari to urgently transmit an executive bill to the National Assembly, if he intends to unbundle NNPC or execute fundamental restructuring or reforms on the

oil sector. Jarigbe had argued that as Petroleum and Natural Gas is included on the Exclusive Legislative List (Item 39), not even a presidential fiat can restructure it. It was not clear how the National Assembly, which could not pass the Petroleum Industry Bill (PIB) in eight years, could pass such executive bill that required such urgency, without stalling the ongoing NNPC reform for many years to come. The House had later through the Chairman of the House Committee on Media and Public Affairs, Hon. Abdulrazak Namdas said it supported any action aimed at making the corporation more efficient and making it a profit-making organisation but still insisted that any re-organisation or restructuring, whether internal or otherwise, must be executed through an amendment of the Act establishing the NNPC. The House also insisted that any amendment has to include the establishment of a Petroleum Inspectorate Directorate as contained in the Act, which is not part of the current reorganisation. Hon. Namdas confirmed that the House had already reached out to the Presidency on the need to adhere to the constitution. “The Speaker has put calls to the President on three different occasions, asking Mr. President to at least send an Executive Bill... They had their discussions, but we have not seen the Bill,” he said. Though Hon. Namdas added that the House would urgently pass any amendment to such bill, due to its importance to the national economy, the PIB, which the House failed to pass for eight years, was equally important to the Nigerian economy. The House has effectively used the purported non-adherence to the rule of law to stall the NNPC reform, despite the fact that as a visiting Professor of law, Kachikwu knows his limitation in the reorganisation of the corporation. Since the House has raised the issue of law, President Buhari should use the Office of the Attorney General of the Federation and Minister of Justice to intervene and save the NNPC reform from legislative ambush.

T H I S D AY • TUESDAY, JUNE 21, 2016

BUSINESSWORLD

ENERGY

Pascoe: Solar-Nigeria Project is Looking to Electrify 2.8m People Sumi Pascoe is the Programme Manager of Solar Nigeria Programme, a British government-funded project aimed at developing the sustainable use of solar energy in homes and offices across Nigeria. The project is run through Britain’s Department for International Development. In this interview with Chineme Okafor, Pascoe revealed that about 2.8 million people are penned to benefit from the programme. Excerpts: The solar power narrative here is quite peculiar – it is reportedly expensive, uneconomical, elitist and unsustainable. How true are these? We found this narrative prevalent upon starting out which is why Solar Nigeria is pioneering a new way of developing the market for offgrid solar power in Nigeria. Previous Nigerian solar programmes, though initially successful, succumbed to solar systems breaking down without succeeding in creating a sustainable market for solar power. Solar Nigeria seeks to address the challenges that previous solar programmes in Nigeria have failed to overcome. Through interventions in the social sector, commercial sector and small systems for households, Solar Nigeria aims to strengthen the solar power value chain and create a sustainable public and private market. Through doing this, it will provide access to solar power for 2.8 million people whilst cutting three million tonnes of Co2e emissions, equivalent to the annual Co2e emissions of the entire Democratic Republic of Congo (DRC). So, how is Solar Nigeria being funded? Solar Nigeria is a development programme funded by the British government through Britain’s Department for International Development (DFID). The programme is implemented by Adam Smith International. Solar Nigeria works with various stakeholdersboth government and private sector, to achieve its objectives. For example, the Lagos Solar Project is a joint collaboration and co-funded by DFID and the Lagos State government. Solar Nigeria also works with private sector solar vendors and financiers to encourage scale up household solar sales. In your pilot programmes for Solar Nigeria, you provided capacity building grants of £1.5million and £500,000 to 16 companies; you’ve got additional £16.7million for the project, why have you chosen off grid projects rather than grid-connected projects? DFID invests in both on-grid and off-grid. However, we recognise that the grid will only reach about half of the population and not the communities in remote rural locations. We therefore believe that investment in mini grids and household solar are required in order to bring energy access to all by 2030. Could you run us through the project schedule, what are its benefits to Nigerians? Solar Nigeria is a six year donor funded development programme operating from October 2014 through September 2020. The purpose of the project is to strengthen the market for photovoltaic generated energy in Nigeria, and in doing so both improve the lives of poor Nigerians and reduce carbon emissions and the carbon intensity of Nigeria’s development path. Who and where are the programme’s primary focus and why? The Solar Nigeria programme is designed to target the social sector and the private market sector to address challenges to scalability, by strengthening partnerships with donors, private sector, federal and state governments and leveraging private and public finance. Within the various components of the programme, the following has been accomplished: in the social sector: In Lagos, Solar Nigeria teamed up with the Lagos State government on the Lagos Solar project, which has brought solar electricity to 172 secondary schools and 11 primary health clinics in peri-urban, rural, and riverine areas. To date, over 135,000 beneficiaries in rural secondary schools have benefited with

Pascoe an estimated 50,500 plus beneficiaries at primary health care centres (PHC). In Kaduna State, Solar Nigeria is working with the Kaduna State government to bring solar power to 34 rural health clinics with new partnerships in Northern Nigeria under way. For the consumer market, across Nigeria, and especially in the North, Solar Nigeria is providing grants to solar power marketers and financiers, to support them in scaling up the market for small solar systems in order to increase accessibility to households and micro-enterprises. In the commercial market, Solar Nigeria is using grants and technical assistance to help commercial-scale electricity users invest in world-class solar power systems, particularly in the North. For the national solar project, we are providing technical support to the government on a national solar plan in line with the Energy Africa Compact. The policy advice to the federal government is aimed at easing regulatory market constraints, importation imposts, VAT, foreign currency concerns, standards, corporate taxation, mobile banking and other issues affecting the

scaling-up for household solar. Now, how does the programme interface with government or other agencies? Solar Nigeria is working with the federal government of Nigeria via the office of the Vice President in developing an ambitious long term national plan for solar. It aims to create a stronger enabling environment for the development of solar markets by refining policy and regulations, developing an integrated national energy access plan, and supporting the wider use of solar in public facilities. Is there a particular group the programme targets? Solar Nigeria targets low household energy access and the challenge of poverty and climate change by scaling markets for solar photovoltaic (PV). Many of the programmes components are targeted towards the very poor – for instance, electricity provided in the schools and clinics are in rural and riverine areas which tend to be much in the lower income. Solar Nigeria aims to assist millions of

households and micro enterprises to access clean, modern energy and lighting at lower cost than the kerosene lanterns and small generators that are currently being used. The consumer market programme is trying to target the crucial barrier of scale and liquidity to support an efficient supply chain. Solar Nigeria is working with IFC’s Lighting Africa team. The small systems includes lanterns, solar home systems, and solar PV systems up to around 15KWp. Your project in Lagos looks like it is the best you’ve achieved so far? Well, in Lagos we teamed up with the state government on the Lagos Solar project, which has brought solar electricity to 172 secondary schools and 11 primary health clinics in periurban, rural, and riverine areas. We are also working with Kaduna State government to bring solar power to 34 rural clinics. We provided grants to solar power marketers and financiers, and supported them in scaling up the market for small solar systems, to date 179,000 households have accessed small solar systems through our help.

T H I S D AY • TUESDAY, JUNE 21, 2016

BUSINESSWORLD

ENERGY

Nigerdock Achieves 4.2m Manhours without LTI on Total’s 90,000bpd Ofon Topsides Stories by Ejiofor Alike Nigerdock, a leading indigenous Nigerian oil services company and a member of Jagal Group, has said it achieved a new industry high with a record of about 4.2 million manhours without Loss Time Injury (LTI) during the fabrication of the Topsides for the 90,000 barrels per day Ofon 2 oilfield project for Total E &P Nigeria Limited. Speaking during the recent load-out ceremony at the Nigerdock’s Snake Island base in Lagos, the Manager in charge of Health Safety and Environment for the project, Mr. Kayode Omojagbara said the project was significant not only in the life of Nigerdock but in the lives of all Nigerians. “This is an EPC project but it has a lot of complications. We have done fabrication; we have done pre-commissioning and we have completed a lot of commissioning but nobody was injured. It has been a tough

journey but only the tough wins the battle,” Omojagbara explained. Also speaking, the acting Executive Secretary of the Nigerian Content Development and Monitoring Board (NCDMB), Mr. Patrick Daziba Obah said the Nigerdock feat being celebrated was few years ago thought to be inconceivable and unachievable by a Nigerian fabrication yard. Obah said with the Nigerdock’s new records, Nigeria has proven once again that with dedication, perseverance, right business environment and enabling laws, the country can rank among other successful nations. According to him, the event was another incontrovertible proof that local capacity and capability could be utilised to deliver key projects in Nigeria’s oil and gas sector. “I am particularly excited because the Ofon 2 project is the first full Engineering

Procurement Contract (EPC) project to be undertaken by an indigenous Nigerian contractor. With the successful completion of this project, I am indeed convinced that Nigerdock and other Nigerian fabrication yards have what it takes to take up similar projects even those that are much larger than this,” Obah said. “I am proud to say that this laudable achievement is a direct result of the enactment and implementation of the Nigerian

Oil and Gas Industry Content Development Act of 2010 and the overwhelming support that the Government has given and has continued to give to the development of Local Content in the Oil and Gas industry,” Obah added. Obah, who was represented by NCDMB’s Director in charge of Monitoring and Evaluation, Mr. Esueme Dan Kikile, lauded Total for believing in the Nigerian Content cause and for giving

Nigerdock the opportunity of delivering a high quality project. “The successful completion of this project underscores the high level of quality that Nigerian companies are capable of delivering. I would like to seize this opportunity to state that we at the Nigerian Content Development and Monitoring Board (NCDMB) will continue to support Nigerian Companies in a bid to achieve our key mandate

of developing capacities and capabilities in the Nigerian oil and gas industry,” he added. He encouraged Nigerian companies across all sectors to always strive to develop their human and structural capacities and capabilities, stressing that the focus of local content development is not to compromise quality but to ensure that work done by local companies can compete with that of their counterparts in any part of the world.

Bayelsa Community Attacks PH Disco Staff, Policemen over Disconnection The Port Harcourt Electricity Distribution Company (PHED) has raised the alarm that its staff and their security personnel on a disconnection exercise were attacked by some residents of Epie Community in Bayelsa State. According to a statement by the company, the Business Service Manager, Pere Alazigha, a linesman, Christian Umegbewe, three policemen and other staff involved in the disconnection exercise were injured in the attack, which was spearheaded by the youth of the area. The statement added that while Alazigha was left with a machete cut on his body, Umegbewe was pushed down from the ladder by the youths during the disconnection process. Both of them were immediately hospitalized, according to the statement. The Head of Glory City Main Integrated Business Centre, Yenagoa, Mrs. Ngozi Manafa, said the Ford Hilux conveying staff to the venue was also damaged and its windscreen shattered. She confirmed that the Epie Community had an outstanding debt record of N60,484,304.56 and a current bill of N2,321,327.78, to which they paid 70,000 and 50,000, respectively. According to the statement, the incident was the second to take place within the week as a disconnection team of PHED was also beaten up at Airtel Road, two days before the Epie incident. Only last month, some residents of Akemfa community attacked PHED staff on collection drive with the Business Service Manager, Mr. Festus Owi taken to the bush by some angry residents, while

other PHED staff ran for cover. The community owes the company over N47,130,2.26. Several other attacks have also been witnessed in Koroma in Gbarain clan of Bayelsa state, where one PHED staff was held hostage and of the hillux pick up was also damaged. Reacting to the development, the Chief Operating Officer, PHED, Mr. Kingsley Achife, condemned the act, adding that “PHED will not relent in their commitment towards serving their paying customers and this we hope to achieve by ensuring that customers pay for energy consumed.” Achife appealed to the public to desist from attacking staff who are willing to render quality service to them The Chief Executive Officer of the company, Mr. Jay McCoskey had said that the country’s electricity industry was in dire straits due to huge unpaid debt. McCoskey added that given the huge revenue shortfall that PHED like other distribution companies were experiencing, mass disconnection would have to be done to force a change in the payment habits of consumers. According to him, the refusal of MDAs to pay their longstanding debts represented the biggest worry of the distribution companies in the country. “As a distribution company, PHED inherited a weak network, a relatively small customer base compared to the population, massive electricity theft and several other social ills related to electricity supply. For MDAs therefore to join the barrage of problems by continuously refusing bills payment is like a death sentence to the industry,” he explained.

FUJI ROUNDTABLE

L-R: A popular Hip Hop musician, Abolore Adigun (9ice); Corporate Communications/Brand PR Manager, Nigerian Breweries Plc, Patrick Olowokere;a notable Fuji analyst and Poet, Olawale Obadeyi; Portfolio Manager, Mainstream Lager & Stout Brands; Nigerian Breweries Plc, Emmanuel Agu; Chairman, National Project Committee of the Fuji Musicians Association of Nigeria, Sikiru Ayinde Agboola and Senior Brand Manager, Mainstream Lager, NB, Funso Ayeni; at the maiden Fuji Roundtable, powered by Goldberg Lager Beer, held in Lagos...recently

Fashola: Lifestyle Changes Can Enugu Disco Partners Emeka Offor Foundation to Support Education Boost Power Supply Chineme Okafor in Abuja The Minister of Power, Works and Housing, Babatunde Fashola has said if more Nigerians would learn to conserve and efficiently use electricity available to them, the country could have more power to give to its citizens who have less power supply. Fashola stated recently in Abuja that the entire hub of the government’s plan to achieve incremental; steady and uninterrupted power supply was hinged on the ability of its citizenry to make some lifestyle adjustments, which included managing electricity supplied to them well. He made this remarks at the launch of the Building Energy Efficiency Guideline (BEEG), which was developed with support of the Nigerian Energy Support Programme (NESP), jointly financed programme of the European Union and the German Government. BEEG was developed to provide useful information to professionals in the country’s building sector on key factors to consider when implementing energy efficiency measures in their building designs. The aspects of the building, which the BEEG aims to impact

include: the architectural design of the building; materials used for construction; equipment used in the building; regional hazards common in Nigeria; and tools for estimating energy efficiency indicators. Fashola who launched the guideline, explained that the government would adopt its recommendations into the country’s national building code which is still being developed. He said: “It is clear that sustainability of life supporting facilities will remain a continuing issue for government; communities; states and nations to deal with.” “In the context of Nigeria, we still have insufficient energy, that is why the first leg of our electricity roadmap is how to get incremental energy, and from incremental energy, we plan to go to steady energy and from there we go to uninterrupted energy. “Getting to uninterrupted energy will require some lifestyle changes especially by citizens that is why this document will become most important not just for us but for professionals like architects; builders; designers for houses and also as a tool for education in our education institutions about changing lifestyle,” he stated.

The Enugu Electricity Distribution Company (EEDC), in partnership with Sir Emeka Offor Foundation (SEOF), a nongovernmental organisation, last week at Oraifite, Anambra State donated books and computers worth millions of Dollars to 15 tertiary institutions and 30 secondary schools across the South East states of Abia, Anambra, Ebonyi, Enugu and Imo State. According to a statement by the Head of Communications, EEDC, Mr. Emeka Ezeh, the benefiting schools were made up of three tertiary institutions and six secondary schools from each of the states, which were nominated by their respective state governments. In his welcome address, the Coordinator, SEOF, Hon. Tony Obi, commended the effort of EEDC in partnering the Foundation to drive its objective towards the development of the education sector, which the Foundation has been involved in across the country over the years. He said that the gesture by EEDC is worthwhile to the society and for posterity. Obi stressed that the books and other educational materials that were donated must be used for the purpose it is meant for. He charged the benefiting schools to ensure that their

libraries are functional, as their monitoring team will be paying unscheduled visit to the schools to monitor and ascertain how well the books are being used. The Managing Director/ Chief Executive Officer, EEDC, Mr. Robert Dickerman while delivering his keynote address said the gesture was in line with EEDC’s Corporate Social Responsibility (CSR) strategy of contributing towards the development of its host community. “We know the importance of education, we have an obligation and responsibility to our communities, our business is not just to provide electricity, our job is to help and support the communities which we are a part of,” Dickerman said. “Education is a part of the core of the development of any society; we are very honoured to be part of this donation and we committed to take active role in the education development of the 5 states in which we are community member,” Dickerman added. Dickerman said apart from lighting up homes, companies and industries, the company could also light up minds, adding that the company is doing this through partnering Sir Emeka Offor Foundation.

T H I S D AY • TUESDAY, JUNE 21, 2016

BUSINESSWORLD

INDUSTRY

Aromolaran: Local Auto Manufacturing will Transform Nigeria’s Economy Chairman, Nigeria Automotive Manufacturers Association, Mr. Tokunbo Aromolaran, in this interview with Crusoe Osagie, urges the federal government not to renege on its pledge to implement the needed policies for a robust automotive industry. Excerpts: therefore encourage the private sector to collaborate more in infrastructure development.

How would you assess the present administration’s commitment to the achievement of a viable automotive industry? The administration of President Mohammadu Buhari led-government came in barely three years after the National Automotive Industry Development Plan (NAIDP) was approved by government and no sooner the policy document was launched than the Original Equipment Manufacturers (OEMs) swung into action with a rush of investments into the sector. The policy seeks to revive domestic production of automobile, using local human and natural resources with a view to enhancing the industry’s contribution to the country’s GDP. The Impact of the policy on the automotive segment has in fact been tremendous. In fact, it is short of spectacular. As at the last count, more than 12 entrepreneurs have taken up the challenge and commenced operations, with fresh investment running to billions of Naira. There is still a long way to go in getting us to the Promised Land. We are looking to this administration to take it to the next level and really own it. There has however been very little interaction or activity with this government on the policy. We understand the Honorable Minister is accessible but haven’t been able as a segment to interact with him. But being from the private sector we believe he is positively disposed to the policy. We are aware that the government is taking a critical look at the policy with a view to twicking it to achieve their own idea of development and hope they will engage the authentic stakeholders who have already invested so much in the takeoff of the sector shortly. What do you suggest the government should do especially at this time to reawaken the sector for renewed growth? If the government is serious about developing our industries, it should determine the strategic industries going by the National Industrial Revolution plan and determine the incentive package it would put in place to accelerate their take-off. The incentive package would take into account the peculiar disadvantages investors face in Nigeria because of failure to develop our infrastructure and put them in a position to compete. The auto industry falls into this category. Without mincing words, a viable vehicle manufacturing industry is capable of creating huge multiplier effects for the Nigerian economy and society. Other nations with developed auto industries towed the same path. There is so much for the government to do in this respect. The previous governments merely scratched the surface of the issue by putting in place the auto policy. The government can take the credit for giving it a bite by actually putting out a strong incentive package to attract major OEMs and seeing it through. This is the way to reawaken our productive capacity and create a future for the children of the poor and down-trodden. Does that imply the government is unacquainted of the potential of the automotive industry? Recently I read an excerpt of a speech from the Minister of Trade and Industry outlining the path of growth for the industry. His thoughts were in line with the Auto Policy initiatives so the government is well acquainted with the potentials of the sector and what should be done. It is a question of overcoming the inertia. Statistics compiled by various government agencies including the Nigeria Automotive Manufacturers Association (NAMA) confirmed that in that a total of about 400,000 vehicles (100,000 new and 300,000 used) valued at over N550billion were imported into the country. Now imagine if one fifth of that quantum of imports were assembled locally using available local resources; won’t the country be much better off? What then is your conviction?

How can the government benefit from this nascent industry? Worldwide the auto industry is reputed for creating huge multiplier effects in any economy with unprecedented job creation, value addition and technological advancement. That’s what our economy needs at this time. This is about the only industry that can accommodate, train and empower young school leavers and graduate engineers in their thousands. You now see why the Buhari/Osinbajo government has been keen on diversifying the economy and develop other sectors to reduce dependence on oil revenues. Ironically, the mainstay of our economy has been export of crude oil and with the crash of the global oil market, our economy has witnessed significant drop in revenue accruing to the Federal Government. This has impacted heavily in the salary of public officers and funding of relevant infrastructures and government supplies while the common man keeps groaning under inflationary burden that is constantly under-estimated. The automotive industry however promises huge multiplier effects for the Nigerian economy and society if plausibly explored.

Aromolaran It is my conviction the government is well aware of the positive and multiplier effects a vibrant auto sector can have on the economy. I believe they are figuring out how to assume ownership of the programme started by the previous administration and how to improve on it. This has taken the better part of one year without a formal engagement of the association of automotive manufacturers. We are forced to believe that the government is being distracted by many nay-sayers and interested parties who wish to slow down progress in the sector. The way forward is clear, very easy to decipher if you are objective and desirous of moving this country forward. Many people have benefitted from trading and are feeding government with negative reports and holding back the pace of development of the industry. The investors in the Nigerian Auto Manufacturing segment are indeed hopeful and that’s why there is still tremendous activity in the automotive sector in spite of very difficult operating environment of policy uncertainty, dearth of skilled labor, poor infrastructure and scarce foreign exchange. However, government needs to demonstrate in double quick time its conviction that support of the auto policy is good for this country. This will assure investors that government is a continuum and policies will not be dumped for the sake of ‘change’. Investors will only respond when they perceive a stable and supportive industrial environment. The contention in public sphere is that locally manufactured vehicles are yet not competitively priced. How would you react to this? Aside the relatively unavailability of foreign exchange and the fluctuation experienced lately in the money market, the OEMs still can’t operate at optimal capacity with the level of patronage. We need volumes to drive down unit cost of vehicles and when viewed against the economics our industry, the environment has be right with good policies, implementation of the auto policy,

enhanced purchasing power, introduction of consumer credit, government patronage and above all, restriction of imports including used car imports. Successive governments in Nigeria have over the years battled to move our economy forward, employing different strategies and ploys to energise our docile state and create value to sustain a decent livelihood for the present and future generations of Nigerians. It is time for the government to reel out policies needed to assist OEMs to operate optimally and empower patrons too. What we need is that inspiration to acquire capacity to expand our facilities and produce more units at lower prices and consequently move towards global competitiveness and self-sustainability. It is also important the government enhances consumers’ purchasing power and implement the needed policies to assist the OEMs to produce quality and affordably priced vehicles. What then prompted your motivation for a viable automotive industry? This move by NAMA could pass for the beginning of the reversal of the pathetic state of the country’s automotive industry and reversal of the stagnation of the economy. Nigeria has for decades being a one-stop dumping ground for virtually all kinds of vehicles – cars, buses and trucks – some of which are more than a decade old. It is time to reverse this trend and produce cars that suite our lifestyle and environment. In 2012, for example, more than 400,000 vehicles valued at N550billion were imported into Nigeria. This isn’t healthy for an evolving economy like ours. If we must strengthen our Naira and economy at large, we must be ready to enhance the capacity of our industries. It is therefore our conviction that the upgrade of critical infrastructures such as roads, power, and port facilities would immediately facilitate the success of the new auto plan. And in developing infrastructures, the public-private partnership model adopted by various governments has proven to be a viable option. The Federal Government should

What are the consequences of this lofty objective? Countries like South Africa, Egypt, India, to mention but a few, today have vibrant automobile sectors because their respective governments did not only introduce good policies, they also put in place measures to ensure such policies are well executed. We advise that lessons of our past vehicle manufacturing experience must be fully digested. It is not enough to have good intentions. What is crucial is that a workable plan for the achievement of these intentions is created and properly implemented taking proper consideration of the realities of the Nigerian experience and environment. However, we commend the current move by the federal government to revamp the automotive industry. But more importantly is the need to pull out all the stops in creating a vibrant industry such that the ambition to export cars, and fully meet the needs of the local market will become a reality sooner than later. It cannot be denied that a viable vehicle manufacturing industry will create huge beneficial multiplier effects for Nigeria’s economy and society. What then is NAMA’s motivation? We are inspired by the implementation of the Auto policy and to us this move could pass for the beginning of the reversal of the precarious state of the country’s automotive industry and reversal of the stagnation of the automotive industry. Nigeria has for decades being a onestop dumping ground for virtually all kinds of vehicles – cars, buses and trucks – some of which are more than a decade old. It is time to reverse this trend and produce cars that suite our lifestyle and environment. In 2012, for example, more than 400,000 vehicles valued at N550billion were imported into Nigeria. This isn’t healthy for an evolving economy like ours. If we must strengthen our Naira and economy at large, we must be ready to enhance the capacity of our industries. It is therefore our conviction that the upgrade of critical infrastructures such as roads, power, and port facilities would immediately facilitate the success of the new auto plan. And in developing infrastructures, the public-private partnership model adopted by various governments has proven to be a viable option. The Federal Government should therefore encourage the private sector to collaborate more in infrastructure Continued on page 29

T H I S D AY • TUESDAY, JUNE 21, 2016

BUSINESSWORLD

INDUSTRY

LCCI, Trail Trans Logistics Partner to Boost Trade with Russia Crusoe Osagie The Lagos Chamber of Commerce and Industry (LCCI) in collaboration with Trail Trans Logistics Group of Companies in Russia, has concluded plans to formally launch an e-commerce platform that will boost the quantum of direct trade, both import and export, between Russia and Nigeria. The official launch, according to LCCI, is scheduled to hold today at the Henry Fajemirokun Hall, Commerce House in Lagos. The Director General of

LCCI, Muda Yusuf, Said: “The RuNiTrade e-commerce platform is a welcome development, coming at a time when Nigeria seriously needs forex from export as a way of diversifying the economy, and strengthening the non-oil sector. The focus, here, with this launch, is to strengthen the bilateral trade relations between Russia and Nigeria, and boost the economic activities between the two countries.” He added: “The Launch will feature B2B interaction between a Delegation of

Russian Businessmen and their Nigerian Counterparts on business opportunities available to willing investors in international trade. Also, expected at the launch are: President, Lagos Chamber of Commerce and Industry, Chief Dr. Mrs. Nike Akande, CON; Deputy Head of Mission, Trade and Economic, Embassy

of Russia in Nigeria, Valery Shaposhnikov; President, Pskov Chamber of Commerce and Industry in Russia, Zubov Vladmir Anatolyvich and other notable dignitaries.” Trail Trans Logistics, a Russian based group of companies and operators of the RuNiTrade e-commerce platform, noted that its

partnership with LCCI is to add value to Nigeria’s international trade relations status and unravel the hidden treasures in doing business with Russia, as a big window to Europe. The Company’s General Director, a Nigerian based in Russia, Mr. Sampson UwemEdimo, in a statement said

“the company is positioned to make bilateral trade relations between Russia and Nigeria a smooth one. And to achieve this, we will continuously transmit news about Nigeria, Africa’s largest economy, to Russia. The move is a bold and aggressive attempt at stimulating investment flows between both nations.”

Awosika Tasks Retailers to Maintain Steady Growth Ugo Aliogo and Joan Madubugwu The Chairman, Board of Directors of First Bank of Nigeria, Mrs. Ibunkun Awosika, has charged retail business owners in the country to strive towards maintaining steady business growth despite the harsh economic conditions, stressing that retailers need to develop a mindset that would enable them to survive in difficult business environment. Awosika, who gave the advice at the Retail Leaders Conference with the theme: ‘Unlocking Retail Potentials for Survival, Growth and Sustainability’ organised by Bervidson Group, in Lagos, noted that retailers need to have sufficient information, which would enable them understand the policies of government and the direction of these policies, “we need our businesses to think and walk us through, we need to always have information in order to know where to go.” She urged retailers to understand the needs of their customers in this challenging economic time, the riders to their businesses, the changes around them and look at linkages, adding that when people have reduced purchasing power they tend to look for alternatives. Awosika added: “If you are not the one providing alternative and your customers try other people they have not tried before, you are likely to lose that customer. Therefore

as a retailer you should be the alternative by creating the alternative in your own business, or build your own business to be an alternative to other people who are losing market. You look at major businesses in the economy whose value chain you can plug into, at present the value chain is challenged because of the FX situation and inability to import.” She further stated that smuggling is a serious challenge facing businesses in the country, adding that some individuals are in the habit of smuggling either European or Asian made products into the country and sells them at a cheaper rate. In his address, the Chief Executive Officer, Bervidson Group and the Convener of the conference, Joseph Ebata, noted that the country is passing through one of her most challenging times, stressing that retail businesses are facing a wide range of different and difficult challenges, which are threatening their existence. He added that as the retail industry is facing numerous challenges, it must not lose sight of the potentials and opportunities that can be tapped and leveraged upon for survival, growth and sustainability, “the conference is an opportunity for every actor in the retail space to explore diverse issues plaguing the industry, particularly those raised in the course of our preparation for the conference.”

GIVING THE ECONOMY A BOOST

L-R: Representative, Guaranty Trust Bank, Mrs. Oluwafemi Nedd; Senior Special Assistant, Government House, Alh. Ibrahim Adeyemi; Kwara State Governor, Dr. Abdulfatah Ahmed; Managing Director, Ningbo Jinsheng Ltd, Mr. Shin Zengchao and Director General, Kwara Public Private Partnership, KPPP, Mr. Abayomi Ogunsola after the signing of a $56m investment deal at Ningbo, East China…recently

IITA-CWMP Gets Approval for 58 On-farm Trials Targets 11,000 farmers across Nigeria

Crusoe Osagie The Steering Committee of the International Institute of Tropical Agriculture-managed Cassava Weed Management Project (IITA-CWMP) has approved the establishment of 58 on-farm trials across Nigeria for the 2016 season. The plan was to reach, through the on-farm trials, at least 11 000 farmers with a basket of weed control options, and offer farmers the opportunity to by themselves choose weed control methods that best suit their locality and address their needs. This decision was part of the resolutions and recommendations from the 2016 Steering Committee meeting held in IITA, Ibadan, 28-29 April 2016.

Deputy Vice Chancellor, of the University of Agriculture Makurdi, Prof John Ayoade, who chaired the meeting on behalf of the Executive Director of the National Root Crops Research Institute (NRCRI), Umudike, Dr. Julius Okonkwo, said the on-farm trials would validate the two-year results obtained from research stations. The on-farm trials will involve farmers from Benue, Abia, Oyo and Ogun states on different aspects of weed control including the use of motorised mechanical weeders, best-bet agronomic practices including correct spacing, improved variety, cassava/maize intercrop, use of fertilizers and tillage practices, and the use of environmentally friendly

herbicides. Each on-farm trial is about one and half acres and will be researcher-managed. Project Leader, IITA-CWMP, Dr. Alfred Dixon said the onfarm trials would provide opportunity for both researchers and farmers to work together on the path of discovery in a participatory manner. “Our research approach is inclusive and farmers are important stakeholders in this equation,” he said. Though Nigeria is a global leader in cassava production, the average yield on farmers’ fields is about 14 tons per hectare, representing half of those obtained on research stations. One of the limiting factors to increased productivity is poor weed control, and the IITA-CWMP is working with

partners within and outside Nigeria to provide solutions to weed damage to crops. The Steering Committee, which plays an oversight role on the project, is headed by the Executive Director of NRCRI, Dr. Julius Okonkwo and other 11 members drawn from the National Agency for Food and Drug Administration and Control (NAFDAC), Nigeria Cassava Growers Association (NCGA), CropLife, Federal Ministry of Agriculture and Rural Development (FMARD), National Root Crops Research Institute (NRCRI), University of Agriculture Makurdi (UAM), Federal University of Agriculture Abeokuta (FUNAAB), a private consulting firm, IITA, and the Bill & Melinda Gates Foundation.

AROMOLARAN: LOCAL AUTO MANUFACTURING WILL TRANSFORM NIGERIA’S ECONOMY development. How economically viable is the automotive industry? The automotive industry has always been traditionally considered a great industry from the point of view of good pay, benefits, pension and stability. I can attest to this. The auto sector still provides some of the best standards of living a person can find. Large auto companies worldwide still provide huge opportunities to anyone who is willing to work hard. Keeping our eye on earnings, we have to look at the industry for how much each

company has to spend to develop, manufacture, and advertise its vehicles. Each manufacturer discusses a movement toward global platforms, with upper bodies adjusted to regional preferences and the reorganization and optimisation of its manufacturing platforms so that they manufacture aligns to demand—both existing and expected. It’s about how much revenue a company keeps, which determines its profitability. I believe that the face of the automotive sector is evolving. The car isn’t going away but is evolving. There is pressure

on all manufacturers to make increasingly fuel efficient cars. Some companies have introduced E85 fuel, hybrid and electric vehicles. As gas continues to increase in price, these alternate vehicles are going to become more desirable and prevalent. I believe this will redefine the industry yet again and will determine who will be the movers and shakers, who will thrive and who will not survive. But in our case, we have to start from somewhere and gradually compete with renowned automakers. There is nothing wrong in starting late provided we are serious.

Those coming behind will build on what we started. Can you attempt a global review of the perspectives of the automobile industry? The automotive industry has lately enhanced technological growth in areas such as computer and communications. About 12 per cent of the earth’s six billion people enjoy the benefits of vehicle ownership and industry growth remains positive at about 20 percent per decade, with the potential for global annual sales of 70 – 75 million vehicles. Most of this expansion will occur in emerging markets such as China,

India, Russia, and Brazil. The developing countries including Nigeria account for only a small percentage of the total number of vehicles sold each year. In 10 years, this percentage is expected to increase sustainably. China alone could account for as much as one-fifth of the expected growth in the emerging markets. This data points alone explains why GM has taken such an aggressive business position in China. Even as the automobile business grows, it is also becoming more competitive. Currently, there is worldwide overcapacity in the industry – and this

has forced manufacturers to contain and even reduce costs. In the United States, the average monthly vehicle payment as a percentage of household income has dropped from 12.5 percent in 1980 to only 7.5 percent today – a 40 percent decrease. This cost pressure has forced all manufacturers and business partners to develop products with more innovative styling and content. The industry as it is, is giving more to its customers for less. Increased value combined with a healthy economy helps explain sales in the US in the last couple of years.

T H I S D AY • TUESDAY, JUNE 21, 2016

PROPERTY & ENVIRONMENT Nigerians Seek Long-term Returns in London’s Battersea Power Station Devt The UK property market is emerging as a preferred place to invest for Nigerians, particularly for those who got burnt in Dubai. They are returning to the UK because they believe the market is safe and can provide long-term yields, which the Battersea Power Station Development promises, writes Bennett Oghifo

nvestors in real estate hate unpleasant surprises and this is the reason they seek safe markets where they expect their parachuts to open and, more importantly, where returns on their investment is long-term. Dubai property market promises a lot but most Nigerians have come out bewildered by ugly investment experiences, which are compelling them to return to overseas markets that give them the desired returns and safety nets. The UK market is attractive for many reasons but more importantly for safe investment and long-term yields promised by the various prime developments, and one of such is the Battersea Power Station’s. Interestingly, like projects of similar stature, the Battersea Power Station, a luxury residential led development that is evolving from the rubbles of a decommissioned coal-fired power station located on the south bank of the River Thames, in Nine Elms, Battersea, an inner-city district of South West London, is becoming irresistible to Nigerian investors. The traffic… Representatives of the developer said they have seen a growing interest from buyers in Nigeria “who are looking for the high level of returns they cannot get from the domestic real estate market. Additionally, the growing number of Nigerians attending schools and universities in London is increasing and many see London as the ideal city to put down roots and set up a base. “Now the desert dust has settled on Dubai, shrewd investors from West Africa are returning to London – a city they know and love – for safe and secure returns on their property investments.” They explained that “with a weak Naira, the majority of buyers from Nigeria are excited not just by the capital appreciation London offers, but also the good payment and mortgage plans available from UK banks and increasingly local banks like (Nigeria’s) Access Bank.” According to Richard Vedelago, Chief Executive Officer of Wrotham Windsor, the leading London real estate advisory firm for West Africans, “If you’re a buyer from Nigeria, London is a good prospect for those seeking stable, long-term returns.” Vedelago said, “The fundamentals of the London property market remain strong, due to a recovering economy, the fact that London is still thriving as a top financial centre, and the relative low supply of new projects in central areas.” Another argument presented was that “Cultural ties remain strong between London and Lagos and at the end of last year, wealthy Africans were spending almost £4million a week on London property. Harrods Estates’ prime central London office in Mayfair has reported a 400 per cent rise in sales to African buyers in 2015, compared with the previous 12 months.” The reasons for African interest, they said included the stability of the UK’s economy and political institutions, adding that a 2013 report from property consultancy Savills contrasted London’s residential sector with African markets, which “can be volatile with political unrest of a sometimes extreme nature” and can also suffer from “corruption, lack of regulation and a lack of transparency.” In addition, some African nations also

Battersea Power Station design

have longstanding Commonwealth connections with the UK, while a large number of opinion-formers have personal links, they said. The Nigerian Embassy in London, they said calculates that Nigerian nationals now spend over $446 million per year on fees, tutoring and accommodation at British schools and university. “Many wealthy Nigerians were UK-educated and send children to school here, for example,” said Camilla Dell, of Black Brick, a London-based buying agency, which — since 2007 — has seen 44 per cent of its clients come from Africa. Yield for the adventurous… Traditionally popular areas for wealthy buyers, such as Knightsbridge and Regent’s Park, have seen strong growth in capital values in recent years, but many developers believe that other central areas, which are experiencing urban regeneration, will see greater demand and steeper price rises in the coming years. “The new generation of overseas buyer is much more adventurous,” said Rob Tincknell, Chief Executive Officer of Battersea Power Station Development Company, the company tasked by Malaysian shareholders S P Setia, Sime Darby and EPF with redeveloping this famous mixed-use development centred around one of the world’s most iconic buildings. “Many investors now realise that the best value is to be found in luxury residential in areas that are being redeveloped, and are very close to London’s key business, shopping and entertainment hubs.” Prime London property remained an at-

tractive proposition for African investors in 2015, with total returns in prime central and prime outer London markedly higher than other asset classes despite the backdrop of global economic uncertainties, according to a recent Knight Frank London report. The report forecast cumulative growth of 22% on London residential prices between 2015 and 2019 as demand continues to exceed supply. Prime residential yields currently stand at around 2.92 percent and are predicted to rise following the recent General Election in the UK. Nothing ordinary… Battersea Power Station is an example of a development in an increasingly popular area on the south bank of the River Thames, only 10 minutes’ drive from upmarket Knightsbridge, and a mere walk to Chelsea. The project, which claims; “don’t do ordinary”, is essentially a vibrant new urban quarter on the site of a decommissioned coal-fired power station in a previously industrial area of the British capital. 4,000 luxury apartments designed by Foster + Partners and Gehry Partners will be set amongst offices, shops and parkland. This sought after area is becoming a new green oasis in central London, with 20 acres of open space across the development, including a six acre park created next to the river, all connected by walking and cycle lanes, a river bus services and a brand new Zone 1 underground station. Moving out for growth…

With increasing interest in properties on the south bank of the River Thames, where Battersea Power Station is located, it is anticipated that in the coming years values will be more closely aligned with those of the neighbouring districts of Chelsea and Westminster on the northern side of the river. The combination of the new public transport infrastructure, the emerging desirability of the South Bank and the integration of arts and cultures as an essential part of the redevelopment is making apartments at Battersea Power Station attractive to buyers from around the world. The major boost to residential values across Battersea will come as a result of the huge infrastructure changes which are taking place in the locality – the introduction of the Northern Line Extension, pedestrian bridges and great existing facilities such as neighbouring Battersea Park. Research by the Centre for Economic Business Research (CEBR) concluded that in 2020, when the Northern Line Extension opens, residential values at Battersea Power Station will grow by 9.7% making this area even more attractive to buyers. Housing is a central issue in Britain, with the government recognising a longstanding undersupply of new homes for a growing population. This shortage of space in central London will keep land and property prices trending upwards, and that the city’s appeal as a financial centre and leisure destination will continue to spur more and more demand.

T H I S D AY • TUESDAY, JUNE 21, 2016

PROPERTY & ENVIRONMENT

Evaluate Land to Halt Annual Etisalat Restates Commitment to Environment Loss of 24Bn Tonnes of Fertile Protection Soil, Say Experts Osunsedo said Etisalat would program to ensure that majority Itua, while stating that Nigeria Fadekemi Ajakaiye The world needs to improve the way land is evaluated in order to unlock its true potential and reverse the alarming pace of land degradation, like the loss of 24 billion tonnes of fertile soil and 15 billion trees every year, a new report from the International Resource Panel says. Erosion, nutrient depletion, acidification, salinization, compaction and chemical pollution have left 33 per cent of the world’s soils either moderately or highly degraded. If current conditions continue, then 320-849 million hectares of land will be converted to cropland by 2050 at the expense of the world’s savannahs, grasslands and forests. As a result, greenhouse gas emissions from agriculture may increase from 24 per cent to 30 per cent. As the global population expands, climate change intensifies and more people move to urban areas, it will become increasingly difficult to sustainably produce enough food, fuel and fibre to meet demand without further depleting the world’s finite land resources. Released today in Beijing at a high-profile event to mark the World Day to Combat Desertification, the IRP’s latest report says that evaluating the long-term potential of land will help the world sustainably

meet this demand. Unlocking the Sustainable Potential of Land Resources: Evaluation Systems, Strategies and Tools looks at a series of tools that can help policy makers and land managers unlock the full potential of land, allowing them to use resources more efficiently. “Land potential evaluations must be completed and applied before changes in land use or management are implemented,” says the IRP, which is a consortium of 34 internationally renowned scientists, over 30 national governments and other groups hosted by the United Nations Environment Programme (UNEP). “No farmer or nation can afford to invest in land management systems that ignore existing knowledge and information.” “Despite this, land conversions to a single crop and management system continue to occur across areas in which soil, topography, and sometimes climate conditions are so variable that failure across at least part of the project is virtually inevitable.” A better understanding of the potential of the world’s land resources – at farm, watershed, country and regional levels – could raise food productivity, promote biodiversity, and increase resilience to climate change.

A frontline telecommunication company, Etisalat Nigeria, has reiterated its commitment to environmental conservation in Nigeria by continually doing its business responsibly and in conformity with international best practices on environmental standards. Head, Environmental Compliance & Public Relations, Etisalat Nigeria, Oluseyi Osunsedo, revealed this at an event organised by the Nigerian Environmental Society (NES) in partnership with the United Nations Information Centre and Etisalat Nigeria to commemorate the 2016 World Environment Day, in Lagos. While underlining the importance of a healthy ecosystem to environmental sustainability and socio-economic growth,

continue to promote responsible environmental conservation in and around all its operations across Nigeria. “At Etisalat Nigeria, we are passionate about the environment. This is why we have environment as part of our three core CSR platforms, the other two being education and health. We take environmental protection seriously because we are aware of the negative impacts that can occur from improper management of natural resources and its effect on the environment,” she said. Osunsedo further assured the gathering that Etisalat would continue to take significant and positive steps in ensuring protection of the environment in which it operates, whilst pledging its support for initiatives such as the NES awareness

of Nigerians understand the messages and call to action because everyone regardless of who they are, have a role to play in sustainable development. Director, Environment Services, Lagos State Ministry of The Environment, Dr. Iyabo Philips, who represented the Lagos State Commissioner for the Environment, commended Etisalat Nigeria and other partners for their collaborative effort on environmental sustainability. She said, “Environmental conservation is our collective responsibility. Our existence depends on how well we can keep our environment because we are all connected: human, plant and the earth.” Chairman, Nigerian Environmental Society, Dr. Eugene

was blessed with a very rich wildlife, however decried the harmful practices that have put wildlife into near extinction. “We must not allow greed and personal gains push us to decimate and destroy the earth’s irreplaceable treasure. As the dominant specie, it is our responsibility to take care of the earth,” he said. National Information Officer, United Nations Information Centre (UNIC) Lagos, Oluseyi Soremekun, said ‘Go Wild for Life’, the theme for year’s World Environment Day, was informed by the need to raise awareness on the wider implications of increase in illegal trade in wildlife. “Individuals involved are motivated solely by short-term gains at the expense of longterm benefits to communities and habitats.”

Houston EB5 Completes Astoria, Launches First Hotel, Residences in San Antonio The $70 million Astoria highrise residential tower held its Grand Opening on May 11, this year, two years after construction began in 2014. The tower received a great deal of interest with all 75 residences being sold-out before construction on the project was concluded, said a statement by the firm’s representatives. In 2010, Houston EB5 tapped a federal programme, targeting wealthy foreigners to fund their real estate projects; a $70 million residential tower in the vibrant Houston Galleria area called Astoria and a $48 million 8-story, 242-unit apartment building in the heart of Downtown Houston called Block 384. The raise for Astoria was completed with $30M from EB5 investors and the raise for Block 384 with $12M. 3INVEST, in partnership with Houston EB5, are raising capital for Thompson Hotel and Residences San Antonio in the region. Houston EB5 is a Real Estate investment company offering potential investors, the opportunity of investing in Real Estate developments in Houston Texas. In addition to the prospect of a good return on investment on the project, investing in this project will qualify investors

for permanent residency in the United States through the EB-5 program. The Thompson Hotel and Residences position itself as the Premier Luxury Boutique Hotel in San Antonio. Consisting of 20 stories, the 170 guestroom 56 residence hotel will feature 15,000 square feet of riverfront meeting space and a Skybar Club, providing sweeping views of the City. Designed to meet and compliment the needs of the San Antonio market, the Thompson San Antonio Hotel gives way to unrivaled elegance and comfort. Houston EB5 boasts a 100% success rate on Green Card approvals and because of this success; they have now completed their third raise of $13M for Marlowe, a luxury residential tower in Downtown Houston. Other projects currently undergoing successful raises include Imperial Refinery District Lofts and Arabella, a contemporary high-rise residential tower. Like previous Houston EB5 projects, Thompson San Antonio has received great support from both the City of Houston and San Antonio. A “TEA” designation has been assigned to both projects, lowering the minimum investment amount to $500,000 as opposed to $1,000,000.

Astoria high-rise residential tower

Group Urges FG to Cleanup Shikira Community Ravaged by Lead Poisoning Fadekemi Ajakaiye The Federal Government has been urged to begin the remediation of Shikira Community in Niger State where over 300 children are believed to be living with high levels of lead in their blood. A group, CODE, which said it has been following this development, stated that the children need urgent medical treatment and wondered when the remediation of the community would begin. Chief Executive, CODE, Hamzat Lawal said, “We are highly shocked over the Federal Government’s inability to announce a specific date when remediation of Shikira will commence, one year after the lead contamination that ravened the small rural mining community located in Rafi LGA in Niger State. “And this is even more worrisome considering the fact that the Minister of Environment, Mrs.

Amina Mohammed recently visited the area and declared it a national disaster.” He said during one of the meetings the minister had with civil society groups and other relevant stakeholders in the sector she “disclosed that the sum of N300 million has been included in the 2016 budget for cleanup of the contaminated site, but the truth is that time is running out as the rainy season has just begun and would disrupt the exercise and spread the contaminants to other neighbouring communities if remediation do not commence immediately.” Also, it is on record that Follow The Money team after discovering the epidemic in April 2015 alerted necessary pubic officials of the incident and called for urgent intervention to enable occupants of the community adapt to the ugly event that claimed 28 lives and infected over 300 children mostly those below

five years old, the co-founder of the group said. “It is exciting that Doctors Without Borders, a specialised body that render humanitarian services has indicated interest to provide free health services but on the condition that the environment must first be cleared of any contaminant. “While we acknowledge the minister for the move demonstrated by visiting the impact site to assess the level of devastation, a sign that reinforces hope that work may begin soon, we are also very concern about when the funds would be released to commence the actual clean-up.” They urged the government “to be open, transparent and accountable on how the funds are expected to be utilised including a work plan specifying project timeline, data and concrete steps on execution of the exercise. “While we laud the Senate

for swiftly passing a resolution compelling the Executive arm of government to urgently embark on total clean-up of Shikira following the outbreak, Follow The Money team is in addition calling the lawmakers who has recently committed to reviewing the 2007 Mining Act to ensure empowering artisanal and small scale miners so as to mitigate risks and ensure safety in mining practices in Nigeria. “We also want government to prosecute individuals who are out rightly reckless about their jobs and possibly put them behind detention to serve as deterrent to others and foster sanity in the system. “On our part as an organisation we will continue to pressure the government on the need to release the fund for the project and ensure that we provide the public with timely and accurate information of how the funds are been utilised to capture the voices of marginalised citizens.”

T H I S D AY • TUESDAY, JUNE 21, 2016

PROPERTY NEWS

Cost of Adapting to Climate Change Could Hit $500bn by 2050 Fadekemi Ajakaiye The cost of adapting to climate change in developing countries could rise to between $280 and $500 billion per year by 2050, a figure that is four to five times greater than previous estimates, according to a new United Nations Environment (UNEP) report. Released as nations sign the landmark Paris Agreement on climate change, the report assesses the difference between the financial costs of adapting to climate change in developing countries and the amount of money actually available to meet these costs – a difference known as the “adaptation finance gap.” The report, the second in UNEP’s series of Adaptation Gap reports, finds that total bilateral and multilateral funding for climate change adaptation in developing countries has risen substantially in the five years leading up to 2014, reaching $22.5 billion. But the report warns that, despite this increase, there will be a significant funding gap by 2050 unless new and additional finance for adaptation is made available. “It is vital that governments understand the costs involved in adapting to climate change,” said Ibrahim Thiaw, Deputy Executive Director of

the United Nations Environment Programme. “This report serves as a powerful reminder that climate change will continue to have serious economic costs. The adaptation finance gap is large, and likely to grow substantially over the coming decades, unless significant progress is made to secure new, additional and innovative financing for adaptation.” Previous estimates place the cost of adapting to climate change at between $70 to $100 billion annually for the period 2010-2050, a figure based on a World Bank study from 2010. The Adaptation Finance Gap Report, which is written by authors from 15 institutions and reviewed by 31 experts, builds upon these earlier estimates by reviewing national and sector studies. As a result, the report finds that the World Bank’s earlier figures are likely to be a significant underestimate. The true cost of adapting to climate change in developing countries could range between $140 and $300 billion per year in 2030, and between $280 and $500 billion per year in 2050, it says. Adaptation costs are likely to increase sharply over time even if the world succeeds

in limiting a global rise in temperatures to below two degrees Celsius by 2100, the report warns. For higher scenarios of global warming, estimates of the adaptation costs in developing countries are higher even in early years, the report states. The United Nations Framework Convention on Climate Change (UNFCCC) has called on developed countries to provide $100 billion annually by 2020 to help developing countries mitigate climate change, and adapt to its impacts, such as drought, rising sea levels and floods. However, the UNEP report

notes: “There is no agreement as to the type of funding that shall be mobilised to meet this goal. This hampers efforts to monitor progress toward meeting the goal.” The report further highlights the need for the proper measurement, tracking, and reporting system of adaptation investments, to help ensure that finance is used efficiently and targeted where it is most needed. The report states that, while dedicated climate funds are breaking down the barriers to investing in adaptation projects in developing countries, contributions to these funds are low when compared to the

contributions made to funds that mitigate climate change. The Green Climate Fund, which was set up by the UNFCCC, with its stated goal of splitting funding equally between mitigation and adaptation efforts, is expected to play a significant role in efforts to fund adaptation, the report states. “The adaptation finance gap is large, and likely to grow substantially over the coming decades, unless significant progress is made to secure new and additional finance for adaptation,” the report concludes. “To meet finance needs and avoid an adaptation gap the

total finance for adaptation in 2030 would have to be approximately six to 13 times greater than international public finance today”. Adaptation costs are already two to three times higher than current international public funding for adaptation, states the report, which was launched today at Adaptation Futures – the biennial conference of the Global Programme of Research on Climate Change Vulnerability, Impacts and Adaptation. Closing this gap will be vital if the world is to address future adaptation needs, especially those of developing countries.

UNEP-INTERPOLReport: Value of Environmental Crime up 26% Eco-crime has hit record high at up to $258 billion, outstripping the illegal trade in small arms, as international criminal gangs and militant groups profit from the plunder of Earth’s resources, according to a report just released by UNEP-INTERPOL. A statement by the UN agencies said “The value of environmental crime is 26 per cent larger than previous estimates, at $91-258 billion today compared to $70-213 billion in 2014, according to a rapid response report published today by the United Nations Environment Programme (UNEP) and INTERPOL.” The Rise of Environmental Crime, released on the eve of World Environment Day (WED), finds that weak laws and poorly funded security forces are enabling international criminal networks and armed rebels to profit from a trade that fuels conflicts, devastates ecosystems and is threatening species with extinction. UNEP Executive Director Achim Steiner said, “Interpol and UNEP have joined forces to bring to the attention of the world the sheer scale of environmental crime. The vast sums of money generated from these crimes keep sophisticated international criminal gangs in business, and fuel insecurity around the world. “The result is not only devastating to the environment and local economies, but to all those who are menaced by these criminal enterprises. The world needs to come together now to take strong national and international action to bring environmental crime to an end.” Environmental crime dwarfs the illegal trade in small arms,

which is valued at about $3 billion. It is the world’s fourthlargest criminal enterprise after drug smuggling, counterfeiting and human trafficking. The amount of money lost due to environmental crime is 10,000 times greater than the amount of money spent by international agencies on combatting it – just $20-30 million. INTERPOL Secretary General Jürgen Stock said, “Environmental crime is growing at an alarming pace. The complexity of this type of criminality requires a multi-sector response underpinned by collaboration across borders. Through its global policing capabilities, INTERPOL is resolutely committed to working with its member countries to combat the organized crime networks active in environmental crime.” The report recommends strong action, legislation and sanctions at the national and international level, including measures targeted at disrupting overseas tax havens; an increase in financial support commensurate with the serious threat that environmental crime poses to sustainable development; and economic incentives and alternative livelihoods for those at the bottom of the environmental crime chain. The last decade has seen environmental crime rise by at least 5-7 per cent per year. This means that environmental crime – which includes the illegal trade in wildlife, corporate crime in the forestry sector, the illegal exploitation and sale of gold and other minerals, illegal fisheries, the trafficking of hazardous waste and carbon credit fraud – is growing two to three times faster than global GDP.

L-R: Ebonyi State PDP Chairman, Mr. Onyekachi Nwebonyi; President and Chairman of Board, African Export Import Bank, Cairo- Egypt, Dr. Benedict Oramah; Ebonyi State Governor, David Umahi; Chairman, NIGERCEM and Ibeto Group, Chief Cletus Ibeto; Speaker, Ebonyi State House of Assembly, Francis Nwifuru; and Executive Director/Chief Executive Officer, Nigeria Export Promotion Council, Mr. Olusegun Awolowo, during a courtesy call on Governor Umahi in Abakaliki… recently

National Climate Action NigerCem to Begin Cement Intentions is Becoming Concrete Production in Ebonyi under Paris Agreement Fadekemi Ajakaiye

Fadekemi Ajakaiye The UN climate change secretariat has launched a new interim public registry to capture countries’ formal climate action plans under the Paris Climate Change Agreement. Known as nationally determined contributions (NDCs), they set out publicly what each country plans to do as part of the Paris Agreement to contribute to the international effort to secure a sustainable future for all by keeping the global temperature rise since pre-industrial times well below two degrees Celsius, with a preference to limit it to 1.5 degrees. The NDCs showcase countries’ climate policies and actions to reduce emissions and adapt to climate change across many sectors, for example such as decarbonizing energy supply through shifts to renewable energy, energy efficiency improvements, better land management, urban planning and transport. The launch of the registry heralds a key step towards implementing the Paris Agreement that has now been signed by 177 countries.

“The Paris Agreement marked the start of a new era in international climate change cooperation,” said UNFCCC Executive Secretary Christiana Figueres. “The launch of the interim public registry for NDCs underpins the collective trust and goodwill that led to the historic agreement and is a new milestone on the road to its implementation. The new interim registry for NDCs is the principal instrument to formally record action taken by countries under the Agreement. It is a fully transparent channel of communication where anyone can browse and search for information on what countries are doing to tackle climate change. Ahead of Paris, as part of the negotiating process, countries had submitted their climate action plans based on their national circumstances and interests, which were called ‘intended nationally determined contributions’, or INDCs. The Paris Agreement included a change in legal status of these climate action plans, turning what were intentions, or INDCs, into concrete plans for action known as NDCs.

The production of cement will soon begin at the Nigeria Cement Company in Nkalagu, Ebonyi State. This followed the signing of deed of understanding/terms of settlement between NIGERCEM and representatives of the four host communities -Nkalagu, Nkalaha, Umuhuali, Amaezu and the Ebonyi State Government. With the signing of the pact in Abakaliki, recently, the legal battles that had in the past affected the reopening of the once foremost indigenous cement production firm has been put to rest. The parties resolved that papers be filed in court as soon as possible so that all cases pending before the court could be withdrawn. The immediate past administration, led by Chief Martin Elechi, had consistently closed their door for an out of court settlement, against Dr. Cletus Ibeto, who re-acquired the firm from Eastern Bulkcem and had tried to revamp the cement factory which was popularly known as NIGERCEM. In 2012 for instance, the Elechi administration warned IBETO GROUP against what it called illegal entry into the premises of NigerCem, saying its ownership was a subject

of dispute in the courts. But last Friday, an elated Ebonyi State Governor, David Umahi; Ibeto and the SSA to the Governor on Cement Production, Prince Sunday Ugwuocha, described the signing of the MoU as milestone towards the revitalisation of the company. Governor Umahi, who said he had in line with the popular demand of the host communities promised to allow Ibeto revamp the firm, noted that the journey to its realisation was not an easy one. He said, “When we were campaigning under divine mandate platform, the only request that the communities made was that Ibeto should be allowed to come and revamp NIGERCEM and we did promise them that that was going to be done.” Umahi, who thanked the Cement Production Implementation Committee set up by his administration, for doing a good job ,assured Ebonyi people that their 10% equity ownership of NIGERCEM was still intact. “Let me announce to Ebonyi people that our 10% equity with NIGERCEM is still alive,” he assured as he described the land of Ebonyi as a land made up of limestone, gold, frankincense, silver, lead, zink, etc.

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TUESDAY JUNE 21, 2016 • T H I S D AY

INTERNATIONAL

email:foreigndesk@thisdaylive.com

Donald Trump Sacks Campaign Manager ZacheausSomorinwithagency reports

Donald Trump shook his presidential campaign yesterday with the sudden dismissal of his controversial campaign manager, Corey Lewandowski.“The Donald J.Trump Campaign for President, which has set a historic record in the Republican Primary having received almost 14 million votes, has today announced that Corey Lewandowski will no longer be working with the campaign,” Trump spokeswoman,Hope Hicks,said in a statement Monday.“The campaign is grateful to Corey for his hard work and dedication and we wish him the best in the future.” Lewandowki’s abrupt departure is the campaign’s most significant staff change to date,and signals an acknowledgment from Trump and his inner circle that big change is necessary ahead of the general election. Trump has suffered major setbacks since becoming his party’s presumptive nominee last month. He has come under intense criticism from party leaders, major donors and rank-and-file Republicans for an array of issues, including his response to last weekend’s terrorist attack in Orlando that killed 49 people. ThenewsofLewandowski’sdeparture was first reported byThe NewYorkTimes. Lewandowski could not be reached for comment by phone.Trump’s inability — and apparent lack of interest — in toning down his rhetoric going into the general election season has deeply troubled the party.There is widespread concern that without a dramatic course change, Trump will continue to be significantly outmatched by presumptive Democratic nominee Hillary Clinton on many fronts, including organization, communications and fundraising. The Lewandowski news comes amid deep internal tensions that have roiled theTrump campaign -- sometimes even played out in public. Lewandowski was well known for being fiercely loyal to his boss -- he is even aTrump delegate from

New Hampshire -- and also deeply may do little good.“I don’t know if it leaves behind. said one GOP source working with president, according to two sources in protective of his direct access to the helps Trump personally unless he is The Trump campaign has started the campaign. Most of the new hires and around the campaign. Currently, candidate.This dynamic created a series willing to completely change through hiring what one source called“middle have not begun their actual jobs yet, the team consists of only Hope Hicks, of problems as the Trump campaign the Manafort model,”the adviser added. level staffers with political experience” but are still in the process of filling out Trump’s spokeswoman. began to hire staffers and expand its “No one is managing the message,” This marks the latest fallout in the in key battle ground states across the the enormous amount of paperwork operations, including when Trump power struggle between Lewandowski country, scheduled to start after the -- including disclosures and noncompetes one source close to the campaign told enlisted veteran GOP strategist Paul and Manafort -- ultimately seen as a July convention. Despite the Trump that come with being employed by CNN. Last month, the campaign hired Manafort earlier this year. It was also major victory for Manafort that could campaign’s efforts to create a more Trump, said one source. long-time consultant and operative Jim viewed as a huge source of distraction at allow him to run the campaign in a well-oiled machine, they are still not There are particular frustrations that Murphy as political director,replacing Rick a time whenTrump needed to devote all more traditional sense. Some sources operating at full capacity due to internal the campaign has yet to hire a traditional Wiley after clashes with Lewandowski of his campaign’s resources to preparing within the campaign are expecting feuding. communications team that can handle and other original Trump hires led to for November. “No one is really sure who is the high volume of media requests Wiley’s abrupt departure from the Manafort and his deputy, Rick Gates, The decision to fire Lewandowski to fill the power void that Lewandowski running things. It’s very disorganized,” that comes with being a nominee for campaign. was made swiftly in a Monday morning weekly meeting with Trump’s family members.A combination of falling poll numbers and pressure from many in Trump’s inner circle ultimately led to the decision,aTrump adviser said.A separate GOP source said Lewandowski’s firing was so sudden that he was on a call with Republican National Committee staffers Monday morning, just hours before his firing. The ouster comes after a series of firestorms -- from Trump’s attacks on Judge Gonzalo Curiel’s Mexican heritage to the suggestion that President Barack Obama perhaps played a role int he Orlandomassacre.Lewandowskiencouraged this behavior, rather than prodding the candidate back on message, the adviser said.And members of theTrump family, his friends, as well as Manafort, had been upping their efforts to convince Trump that Lewandowski’s guidance had grown harmful to the candidate and the campaign. Some advisers hope the latest move will allow the campaign to ramp up more quickly by building out a communications team, a rapid response effort and by ramping up their political machine in battleground states, an adviser said.“This has not been a campaign, it’s been a concert tour,”the adviser said, adding this could be the turning point for the UK Prime Minister, David Cameron with Labour Party members paying tribute near the scene where MP Jo Cox was killed in Birstall near campaign to get more serious. Leeds…weekend A second adviser added a note of caution though, saying if Trump isn’t willing to behave in a more disciplined fashion, then Lewandowski’s departure

THE LAST RESPECT

Six Arrested in Belgium over 2015 Train Attack

In the Shadow of a Murder, Britain to Vote on EU Membership Britons will shape the future of the United Kingdom and Europe on Thursday when they decide whether to stay in the European Union following a campaign that has shown the potency of anti-establishment feeling in the West. The vote comes a week after the murder of a lawmaker in the street left many voters wondering whether the campaign rhetoric on both sides - warnings of economic disaster versus uncontrolled immigration - had gone too far in a country considered a paragon of stability. Whatever the outcome, the referendum could force the EU to rethink how it governs 500 million citizens and - along with the rise of Donald Trump in the United States - have far-reaching implications for the future configuration of the West. Allies such as U.S. President Barack Obama and German Chancellor Angela Merkel have implored Britain to stay in the bloc, which they say has given Europe decades of prosperity after centuries of bloodshed. Investors, chief executives and central bankers are bracing for what could be one of the most volatile events for financial markets since, at least, the 2008 collapse of Lehman Brothers. Prime Minister David Cameron, who promised the referendum in 2013 under pressure from euroskeptic

lawmakers in his own party, has mixed rhetoric about his island nation’s history with dire warnings about the costs and dangers of a Brexit. “This referendum has now become a watershed moment for our country,”Cameron said when campaigning resumed after a twoand-a-half-day suspension called as a sign of respect for lawmaker Jo Cox, who was shot and stabbed last week. “There is no turning back if we leave,”he added, warning this would be“an abject and self-imposed humiliation” that would leave “a permanently poorer country in every sense”. The murder of Cox, a 41-year-old mother of two young children who was an ardent supporter of EU membership, shocked the country and abruptly changed the tone of the caustic campaigning that has polarized the country. Both sides have accused their opponents of misleading the public, and critics say the debate had descended into a negative row over the economic dangers of leaving versus the difficulties of limiting immigration if Britain stays. Witnesses to the Cox attack said the accused, 52-year-oldThomas Mair, was heard saying “Britain first, keep Britain independent,Britain always comes first”.

Belgian police detained six people for questioning yesterday over an attack on a high-speed train as it traveled between Amsterdam and Paris in August 2015, prosecutors said. In that attack a man with a machine gun wounded two

people on the train before being overpowered by passengers. The new detentions add to a string of police raids on homes over the weekend after which three men were charged with plotting an attack. Prosecutors said that a judge had ordered six home

searches and detained six people in the greater Brussels area. No weapons or explosives were found. “The investigating judge will decide on their possible detention later today,” prosecutors said in a statement. Belgium continues to be

on heightened alert three months after three suicide bombers killed 32 victims in attacks on Brussels airport and a metro car. Belgian media reported the men arrested at the weekend had planned to attacks fans watching the Euro 2016 games in Brussels.

Separate Bomb Attacks Kill 22 in Afghanistan More than 20 people were killed in separate bomb attacks in Afghanistan yesterday, including at least 14 when a suicide bomber struck a minibus carrying Nepali security contractors in the capital Kabul, officials said. A Reuters witness saw several apparently dead victims and at least two wounded being carried out of the remains of a yellow bus after the suicide bomber struck the vehicle in the capital. Hours later, a bomb planted in a motorbike killed at least eight civilians and wounded another 18 in a crowded market in the northern province of Badakhshan, said provincial government spokesman Naveed Frotan. The casualty count could rise, he said. The attacks are the latest in a surge of violence that highlights the challenges faced by the government in Kabul and its Western backers as Washington considers whether to delay plans to cut the number

of its troops in Afghanistan. Interior Ministry spokesman Sediq Sediqqi said on Twitter that 14 people had been killed and eight wounded in the attack in Kabul. Police were working to identify the victims, he said. The casualties appeared to include Afghan civilians and Nepali security contractors, Kabul police chief Abdul Rahman Rahimi said, after police and emergency vehicles surrounded the scene in the Banae district in the east of the city. He said the suicide bomber had waited near a compound housing the security contractors and struck as the vehicle moved through early morning traffic. Besides the bus passengers, several people in an adjacent market were also wounded in the attack during the Muslim holy month of Ramadan. The Taliban claimed responsibility for the Kabul attack in a statement from the Islamist group’s main spokesman, Zabihullah Mujahid,

on Twitter. However it denied responsibility for the attack in Badakhshan. Islamic State, which is bitterly opposed by the Taliban, said it carried out the Kabul attack but Zabihullah Mujahid dismissed the claim as “rubbish”. “By organizing this attack, we wanted to show Americans and NATO military officials that we can conduct attacks wherever, and whenever, we want,” the Taliban spokesman said. The Nepal government was still working through its embassy in Pakistan, which also oversees Afghanistan, to verify reports that its citizens were involved in the attack, Foreign Ministry spokesman Bharat Paudel said. Indian Prime Minister, Narendra Modi sent his condolences to his two South Asian neighbors after the attack. “We strongly condemn the horrible tragedy in Kabul. Our deep condolences to people and

governments of Afghanistan and Nepal on loss of innocent lives,” Modi said on Twitter. Another explosion in Kabul later on Monday morning wounded a provincial council member and at least three of his bodyguards, Kabul police spokesman Basir Mujahid said. It was thought a bomb had been attached to the lawmaker’s car, he said. The attacks underlined how serious the security threat facing Afghanistan remains since former Taliban leader Mullah Akhtar Mansour was killed in a U.S. drone strike last month and was replaced by Mullah Haibatullah Akhundzada. The blasts follow a deadly suicide attack on a bus carrying justice ministry staff near Kabul last month and a separate attack on a court in the central city of Ghazni on June 1. The Taliban claimed both those attacks in revenge for the execution of six Taliban prisoners.

TUESDAY, JUNE 21, 2016 • T H I S D AY

NEWSXTRA

DMO Justifies External Borrowing Amid Forex, Reserves Constraints Clarifies new debt strategy

James Emejo in Abuja The Director General of the Debt Management Office (DMO), Dr. Abraham Nwankwo, yesterday defended the federal government’s resolve to slant more of its borrowings in favour of external sources as contained in the new Debt Management Strategy (2016-2019) which was approved last week by the Federal Executive Council (FEC). One of the major elements of the strategy is the remixing of public debt portfolio to 60 per cent domestic and 40 per cent external, from 84 per cent domestic and 16 per cent external in the previous debt strategy document which expired December 2015. The new national borrowing guide also provided for the remix of the domestic composition of total debt portfolio to a maximum of 25 per cent of short term and a minimum of 75 per cent of long-term compared to the current status of about 31 per cent of short-term and 69 per cent long-term. Nwankwo said a major advantage of remixing in favour of external debts was that it offered the country cheaper cost of funds, thereby lowering debt servicing obligations. He also said sourcing funds externally, under the present circumstance, especially from multilateral institutions would help to avoid the risk of crowding out the private

sector from access to the domestic markets. He said:”Therefore, given the momentum government is bound to create in resuscitating the economy, the private sector would be expected to require massive resources as well and it becomes necessary to leave more space for the private sector to mobilize the resources they require to be able to complement government’s initiatives. “As you know, within the context of government’s economic programme which requires massive investment in infrastructure, and diversification of the economy, the private sector is still expected to play the lead role so that as government makes its own expenditure in infrastructure and improving the business environment, you expect the private sector to key in, in developing the various sectors of the economy including agriculture, solid minerals, manufacturing among others.” The DMO boss, who noted that the new four-year borrowing plan was appropriate for the times and challenges as well as appropriate for the country’s vision going forward, further justified the rationale behind embarking on external borrowing particularly at a period of unfavourable exchange rate regime and lower reserves. Addressing journalists in

Abuja to provide further insights into Nigeria’s Debt Management Strategy (20162019), he described the new document as one which would be broad-based as well as inspire permanent confidence in Nigerians. He observed that there appeared to be undue concerns over the ability to service external debts adding that ongoing efforts by government aimed at diversifying the economy will ultimately increase items for exports and create job opportunities-conditions he argued could further correct exchange rate vulnerabilities and boost reserves. Nevertheless, he said in

arriving at the final draft, the current debt management strategy had already taken into special account, new challenges including foreign exchange concerns and reserves position. He said:”And when we look at the opportunities and possibilities which are very credible given our resource base, given the number of things we can do better than we’ve ever done, there’s no doubt then that in the next few years, there will be significant improvements in employment generation, poverty reduction and in the living standards of our people and more importantly, we should be inspired by the fact that the picture of the future which we see is a sustainable

one; it’s not one that will be bedeviled as in the past by volatilities in the oil market.” He said:”One of the major advantages of remixing in favour of external debts is that first, we will be able to achieve cheaper cost of funds, therefore lower debt servicing but more importantly, we will be avoiding the risk of crowding out the private sector from access from the domestic markets. “As you know, within the context of government’s economic programme which requires massive investment in infrastructure, and diversification of the economy, the private sector is still expected to play the lead role so that as government

makes its own expenditure in infrastructure and improving the business environment, you expect the private sector to key in, in developing the various sectors of the economy including agriculture, solid minerals, manufacturing among others.” “Therefore, given the momentum government is bound to create in resuscitating the economy, the private sector would be expected to require massive resources as well and it becomes necessary to leave more space for the private sector to mobilize the resources they require to be able to complement government’s initiatives.”

FG to Arraign Former NNPC GMD, Oil Magnate, Omokore July 4 and Atlantic Energy Drilling Concepts Limited. Atlantic Energy Limited was one of the companies that was allegedly allocated multi-billion dollar in public assets without due process by the Dr Goodluck Jonathan administration in 2011. The company, which was created less than a year earlier (2010) and had not produced a drop of oil, was awarded controlling stakes in two prolific oil blocks – OML 30 and 34 – for just over $50 million each. The deal, which was signed by the immediate past Minister of Petroleum, Diezani AlisonMadueke, gave Atlantic Energy Limited the controlling stake of 55 per cent stake in the oil blocks. It was discovered that Shell, which owned the remaining 45 per cent stake, fetched $1.3 billion for a single field after an open and competitive bidding process. The company was also accused of lifting crude oil, but only remitted a fraction of the value to the government. It was also discovered that Atlantic Energy paid $168 million into the government’s account in 2012, but lifted about three million barrels – valued at over $350 million. In 2013, it also lifted about 2 million barrels of crude oil valued at about $240 million, but paid only $68 million, while

in 2014, it paid zero cash-call, but lifted about 500,000 barrels of crude oil, valued at $54 million. SPOG, another of Omokore’s companies, is also being investigated for an alleged N400 million petrol import fraud. The company was alleged to have imported 3,000 metric tonnes of petrol but filed claims for subsidy payment of 13,000 metric tonnes with the Petroleum Product Pricing Regulatory Agency (PPPRA), therefore allegedly pocketing N400 million more than it should have been paid. The EFCC recently raided the business premises of Omokore, making away with documents and computers. Last week, it also rearrested Omokore and Yakubu on allegations of money laundering. This was disclosed by a source from the commission, that said Omokore and Yakubu, were supposed to be arrainged at the Federal High Court yesterday on four counts of money laundering. “Other defendants to be charge are Victor Briggs, Abiye Membere, David Mbanefo, Atlantic Energy Brass Development Limited and Atlantic Energy Drilling Concepts Limited,” the source had revealed.

GATHERING FOR TECHNOLOGICAL ADVANCEMENT

L-R: Chief Executive Officer, MTN Nigeria, Mr. Ferdi Moolman; Publisher/CEO, BusinessDay Newspaper, Mr. Frank Aigbogun; Minister of Industry, Trade and Investment, Dr. Okechukwu Enelemah; and Corporate Services Executive, MTN Nigeria, Ms. Amina Oyagbola, during the opening session of the 2016 BusinessDay Technology Conference, in Lagos…yesterday KOLA OLASUPO

MTN Group Appoints New CEO after Resolution of Nigerian Fine Shittu shuns House c’tee meeting on fine Damilola Oyedele in Abuja South African-based telecoms giant, MTN, yesterday named a new chief executive after resolving a dispute with Nigeria over a huge fine for failing to disconnect millions of unregistered mobile phone lines. MTN announced that Rob Shuter, a South African who is currently the Vodafone Europe CEO, would take over as its new group president and CEO next year. Africa’s biggest wireless operator, MTN said in a statement that “following the successful resolution of the Nigerian dispute, it has completed the review of its governance and management structures.” The Johannesburg-based company was last year hit with a $3.9 billion fine for failing to cut off 5.2 million unregistered SIM cards, amid fears that some of the affected lines were being used by Boko Haram insurgents. The conflict, according to

Reuters, sparked by the Islamic extremist group has left at least 17,000 dead and forced more than 2.6 million people from their homes since 2009. On June 10, MTN announced that following negotiations with the Nigerian authorities, it had agreed to pay $1.7 billion as a final settlement. Shuter will take over from executive chairman Phuthuma Nhleko, who stepped in last November in the thick of the Nigerian fine debacle. “MTN has weathered a rather difficult storm and will continue to review its governance and management operating structure to ensure that it operates at an optimum level and continues to replenish management talent to ensure a sustained growth of the business,” said Nhleko. “I am confident that with the calibre of Rob Shuter as CEO, the group will resume its path to playing its rightful role in increasing connectivity and accelerating convergence across

Africa and the Middle East.” Nhleko will revert to his post as non-executive chairman when Shuter takes over. Meanwhile, the Minister of Communications, Mr. Adebayo Shittu, yesterday shunned a meeting with the House of Representatives Committee on Telecommunications aimed at discussing the reduction of the N1.04 trillion fine slammed on telecommunications provider, MTN Nigeria Limited, to N330 billion. While the Attorney General of the Federation, Mr. Abubakar Malami, wrote a letter to the committee explaining his inability to attend, Shittu neither wrote any letter nor sent any representative to the meeting. At the meeting slated for 2p.m., only officials of the Nigerian Communications Commission (NCC) led by the Executive Vice Chairman, Prof. Garba Danbatta, were present. The Chairman of the Committee, Hon. Saheed Fijabi,

said the meeting would be the last meeting over the matter, as the committee had enough materials to present its report to the House. “The Attorney General sent in a letter that he is to represent Mr. President at an event in Lagos. But other parties in this hearing are not present. We cannot take the NCC alone,” he said, as the committee retreated into an executive session. The House had mandated the committee to investigate the circumstances which led to the reduction of the initial N1.04trillion fine to N780bn. MTN was slammed with the fine following its failure to deactivate 200,000 unregistered sim cards in line with the NCC Act. The lawmakers had rejected the reduction arguing that the NCC Act stipulates a certain amount of money as penalty for each unregistered SIM, therefore any reduction can only be effected by an amendment to the Act.

TUESDAY, JUNE 21, 2016 • T H I S D AY

NEWSEXTRA

Amaechi Receives C’ttee Report on Revival of National Shipping Line Akinsoji: Nigeria loses $2.2bn on patronage of foreign ships Dele Ogbodo in Abuja The Minister of Transportation, Mr. Rotimi Amaechi, yesterday received the committee report he constituted in April to revive the country’s national shipping

line. On presentation of the report from the Chairman of the committee, Mr. Olu Olusoji, in Abuja, the minister immediately constituted an implementation committee

CJN, Falana, Uwazurike Mourn Niki Tobi Tobi Soniyi in Abuja The Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, has condoled with the family of the late retired justice of the Supreme Court, Justice Niki Tobi. In a statement issued in Abuja yesterday by the Media Aide to the CJN, Mr Ahurakah Isah, the CJN said he received the news of Tobi’s death with a deep sense of shock but gratitude to the Almighty God. According to the information received from members of the deceased’s family, Justice Niki Tobi died by 5.30p.m. on June 16, 2016 at the National Hospital in Abuja after a brief illness. The CJN, on behalf of himself, the Justices, staff of the Supreme Court and indeed the entire judiciary of the country commiserated with the immediate family, relations as well as friends and associates of the respected late jurist, who joined the Supreme Court Bench in 2002 and retired on 13 April 2010. The CJN said Tobi indelibly contributed to the development of jurisprudence in Nigeria and would be greatly remembered for his assiduousness in reviewing the draft 1999 Constitution under the military administration of General Abdulsalami Abubakar. He urged members of the deceased’s family to be comforted by the knowledge

that the departed jurist served his country with commitment, dedication and honesty. Also human rights lawyer, Mt Femi Falana and Chief Goddy Uwazurike, have described Justice Tobi as one of the finest minds to have adorned the Supreme Court. In their separate condolence messages, the two lawyers said intellectual background of the late jurist added value to the several verdicts of the Court of Appeal and the Supreme Court. They both concluded that Nigerian judiciary would certainly miss the erudite jurist who was a consistent defender of rule of law even under a military dictatorship that ruled with absolute powers. Falana who reflected on the several landmark judgments delivered the late judge, said notwithstanding the complexity of a case, he was always quick to appreciate and identify the issues for determination. Uwazurike on his part, said Justice Tobi was a judge in word and deed who bestrode the academic and judicial arms of law. He noted that University of Maiduguri he gave the law faculty a gigantic status, likewise the Supreme Court where the law report would guarantee him immortality.

Military Considers Easing Restrictions in North-east Damilola Oyedele inAbuja The Chief of Army Staff (COAS), Lt. Gen. Tukur Buratai, has disclosed that the Nigerian Army is considering easing some of the restrictions placed on human and vehicular movements in some parts of the North-east, as soldiers gain the upper hand in the battle against Boko Haram. He said this at a meeting with the House of Representatives Committee on Army, yesterday where he however added that military would uphold its restrictions on certain products such as petrol, and fertilizer because they are components of Improvised Explosive Devices (IED). Buratai, who as represented by the Director of Operations, Brig-Gen. Bassey Etuk, noted that the insurgents continue to use motorcycles to infiltrate communities, therefore the mode of transportation still has to be

controlled. “We need to control the movement of some of these products, fertilizer is a component used for IED and has to be controlled but with the degradation of the insurgents, the relaxation of some of the restrictions is possible… However, since we do not want the economic life of the people to be negatively affected, we will look into the Yobe State request of using fuel to power equipment,” he said. Buratai however urged the committee to make formal requests on behalf of Yobe and Adamawa States. Speaking earlier, the Chairman of the Committee, Hon. Rima Shawulu (Taraba PDP) said it was necessary to ease some of the restrictions to avoid famine. He proposed that the farmers be allowed access to petrol (in gallons) through their village heads.

which he said would be headed by the Chief Executive Officer of the Nigerian Shippers’ Council (NSC), Mr. Hassan Bello. According to him, it has become expedient to constitute the implementation committee immediately because government attaches premium importance to the revival of the national shipping line, adding that it will greatly impact on the socioeconomic development of the country. Amaechi said international regulator and willing investors in the industry have given Nigeria August as deadline to put all the necessary framework and foundation for viable international maritime activities which will attract foreign investors. The minister said: “Investors have given us August as

deadline on this issue. And we have said government is going to use part of the cabotage fund in this direction. “We must also advise on how to choose who qualifies to benefit from the fund because the 60 per cent that we have must be accessed from the cabotage as part of their equity contribution.” He however warned the committee members not to allow private vested interest in the utilisation of the cabotage fund jeopardise government’s good intention in the allocation of the fund to ship owners at the detriment of national interest. Amaechi said: “I will leave that to the committee; I don’t want to see your private interest because everybody wants to access the fund. The law states

that the minister decides, and that is why I have said NSC should chair the committee.” Making clarification on how much Nigeria loses as a result of patronage of foreign fleet in international waters, Akinsoji said in 2014, Nigeria lost $2.2 billion because of the absence of national shipping line. According to him, “If 50 percent out of the 5,000 ships that landed in Nigeria in 2014 were Nigerian ships and managed by Nigerians, the country would have saved $2.2 billion.” He said Nigerian seafarers that would have been engaged to work on the fleet would have been earning about $3,000 per month. “So you can imagine the number of families that would have benefitted from that and these are the kind of loses that

we are making by not having ships carrying our cargoes in the international waters.” Akinsoji said international cargoes generated are carried by foreigners and foreigner ship as the country presently does not have ships in the international waters carrying dry cargo. While pleading with Amaechi not to allow the report gather dust, he said the roadmap to the successful establishment of a Nigerian fleet is the implementation of the report as well as the repositioning of NIMASA. He said: “On our part, we have taken a bold step to advise the minister on the way forward on the establishment of a Nigerian Fleet Implementation Committee (NFIC) in flying Nigeria’s flag in international waters.”

I WISH YOU WELL IN YOUR FUTURE ENDEAVOURS

President Muhammadu Buhari (right), presenting a parting gift to the out-going Inspector General of Police, Mr. Solomon Arase, after breaking Ramadan fast with Service Chiefs/farewell dinner for the outgoing Inspector General of Police at the president’s residence in Abuja....yesterday STATE HOUSE

Protesting Workers Lock out Adeosun over Unpaid Special Overtime Allowance Ndubuisi Francis in Abuja For several hours, scores of protesting workers barricaded the headquarters of the Federal Ministry of Finance, preventing Mrs. Kemi Adeosun and other top officials from entering their offices as they protested over unpaid Special Overtime Allowance. The protesting workers were drawn from the Ministry of Finance, Office of the Accountant-General of the Federation and the Budget Office of the Ministry of Budget and National Planning. The workers, who stormed the ministry as early as 7a.m. and barricaded the gate of the ministry, demanded for the minister’s sack over what they described as her failure to pay

their outstanding N1.2 billion special overtime allowances. With various inscriptions on placards accusing the minister of alleged insensitivity to their plight, they expressed displeasure over the manner she is managing the affairs of the ministry. The angry workers called on President Muhammadu Buhari to sack the minister. It took the intervention and plea of some management staff of the ministry before the workers dispersed to allow the minister and other top officials entry into the premises. However, in response to the protest, the ministry through its Director of Information, Alhaji Salisu Na’Inna Dambata, said: “The protests have no justifiable grounds.”

In a statement, he said: “The payment of what the protesting staff called a Special Overtime (SOT), was stopped by the last administration in 2014 on the ground that it was not listed in any extant government Circular, Financial Regulations or the Public Service Rules. “The management wishes to state as follows: The payment of what the protesting staff called a SOT, was stopped by the last administration in 2014 on the ground that it was not listed in any extant government Circular, Financial Regulations or the Public Service Rules; * The sum of N1.2 billion computed by the staff union for payment could not have been budgeted for in 2016 in the first place, not only because of the paucity of funds, but also the

fact that the SOT allowance was not part of the remuneration in the Federal Public Service; and * The Federal Ministry of Finance, the Office of the Accountant-General of the Federation and the Budget Office of the Ministry of Budget and National Planning, do not individually or collectively, owe any of their personnel their salaries. “In view of the foregone, the management of the Federal Ministry of Finance wishes to categorically state that the protests have no justifiable grounds,” the statement concluded. Although the protesting workers later dispersed, they vowed to continue the protest until their allowance in question is paid.

TUESDAY, JUNE21, 2016 • T H I S D AY

NEWSXTRA

EFCC Raids BoI over Alleged Illegal Sale of Properties, Shares Acting MD escapes arrest following tip-off

Crusoe Osagie and Chiemelie Ezeobi The Economic and Financial Crimes Commission (EFCC)

yesterday raided the Lagos office of the Bank of Industry (BoI) following a discreet investigation it had been conducting.

ASUU Rejects Sexual Harrassment Bill It’s in order, says NUC Omololu Ogunmade in Abuja In a move that lent credence to the altruism of the allegation of sexual harrassment by male lecturers in the Nigerian tertiary institutions, the Academic Staff Union of Universities (ASUU) yesterday rejected the Sexual Harrassment Offences Bill, claiming the bill was meant to victimise lecturers. The union which expressed this position at a one-day public hearing on the bill organised by the Senate Committee on Judiciary, Human Rights and Legal Matters, described the bill as vindictive and meant to undermine university autonomy. ASUU’s president, Prof. Biodun Ogunyemi, therefore asked the Senate to throw the bill out, saying the nation’s universities and other tertiary institutions were established by law as autonomous bodies and hence have their regulating codes. “Any law or bill which seeks to supplant these laws violates the university autonomy. In this particular instance, the bill violates the Federal Government of Nigeria and ASUU agreement of 2009 and as such should be rejected,’’ he said. He also said the bill was discriminatory because it was targeted at only educators, insisting that evolving such a bill was baseless. He further stressed that sexual harassment was a societal problem and not peculiar to tertiary institutions alone.

Therefore, he said it was wrong of the Senate to single out tertiary institutions in the bill, describing it as a violation of Section 42(1) of the 1999 Constitution. He also said it was embarrassing that the legislative arm could seek to pass a law that violates the constitution. But the National Universities Commission (NUC), the Nigerian Law Reform Commission and the Legal Aids Council, threw their weight behind the bill. Speaking on behalf of NUC, its Executive Secretary, Prof. Julius Okojie, said even though federal and state universities had administrative structures for handling grievances, there was nothing wrong in having a legislation to enhance it. He said: ‘”University Miscellaneous Provision Act gives them power to formulate policies and by-laws to guide them and most institutions have structures to handle these incidences. ``However, there is nothing wrong if there is a legislation to add to what is on ground. We are only saying that universities are doing something about sexual harassment , which may not be enough.” He however, urged the Senate to increase the scope of the bill to cover primary and secondary schools. “The bill appears to have duplication of offences already created in our extant laws. There should be holistic in approach to accommodate existing regulations in schools,” he added.

US Holds Capacity-building Workshop for Health Care Personnel in W’Africa To improve the requisite skills of healthcare personnel in West Africa to respond effectively to the outbreaks of infectious diseases in the region, the United States Consulate General will on June 23, 2016, conduct a capacity building workshop. The capacity building workshop, which will take place at Best Western Hotel, 12 Allen Avenue, Ikeja, Lagos, will train the selected health care professionals from Nigeria, Liberia, and Ghana. The statement from the USCG Lagos Information unit said the Nigerian Ministry of Defence/Walter Reed Programme Nigeria, in collaboration with the US Military HIV Research Programme/Walter Reed Army Institute of Research and the Joint West Africa Research

Group will train the healthcare professionals. The statement reads: “The US Embassy Deputy Chief of Mission, Maria Brewer, will deliver opening remarks and officially launch the commencement of the Joint West Africa Research Group in Nigeria. “The Joint West Africa Research Group is a collaboration of more than 14 members that leverage existing research capacity and coordinate with host nation militaries and in-country partners for health security. “This collaboration over the next five years will develop clinical and laboratory capacity, bio-surveillance, and response capabilities, and evaluate measures to stop a range of infectious diseases in Nigeria, Ghana, and Liberia.”

Although details of the raid were still sketchy, THISDAY gathered from sources that the raid was not unconnected with the allegations of illegal sales of properties and shares belonging to the BoI. Speaking on account of anonymity, a source said the EFCC had stormed the Marina office and raided it, searching for documents that would assist their investigation. It was also alleged that the operatives of the agency had tried to arrest the acting Managing Director (MD), Mr. Waheed Olagunju, but he successfully evaded their dragnet following a possible tip-off. Having failed to take away the acting MD, the operatives

detailed the staff to inform him to report to EFCC office at Ikoyi today. The source said: “The raid followed investigation into the alleged illegal sale of BoI properties and shares without due process. Another source who debunked claims that the acting MD evaded arrest, said he was not in the office when officials of the anti-graft agency came but was asked to report to the EFCC office. The source also said the raid might not be unconnected with last week’s invitation of the former MD, Rasheed Olaoluwa, by the Independent Corrupt Practices and Other Related Offences Commission (ICPC). When contacted, the EFCC spokesperson, Mr. Wilson

Uwujaren, told THISDAY that he was driving and would call back. Until press time, repeated calls made to him and the EFCC Chairman, Ibrahim Magu, were not answered, neither did the text messages sent afterwards lead to any response. However, officials of the development bank explained that the raid was part of the investigation by the EFCC of the allegation of misapplied funds belonging to the Cement Technology Institute of Nigeria (CTIN). According to the bank’s management, in a statement issued by its spokesperson, Mrs. Hadiza Olaosebikan, parties to the transaction have addressed the concerns raised

with the new terms reached on how to manage the funds which have grown from N9 billion to N13.2 billion as at last week Friday. “Indeed, the BoI was appointed as the fund manager by the federal government in 2009 to manage funds contributed by cement manufacturers for the development of human capacity to drive growth in the Nigerian cement industry. “With the establishment of CITN, a request was made to the BoI for the release of the funds for which the bank defaulted but had since remedied the situation by applying eight per cent interest on the funds thus accruing to N12.3 billion as at February 2016.”

PEACE AWARD

Spokesperson of First Surat Group, Mr Cemal Yigit; Award recipient Mr. Mohammed Haruna; and Special Adviser to the President on Media and Publicity, Mr. Femi Adesina, at the fifth UFUK Dialogue and Peace Awards ceremony in Abuja... recently

Again, Kanu Asks Second Judge to Disqualify Himself from Trial Alex Enumah in Abuja The leader of the Indigenous People of Biafria (IPOB), Nnamdi Kanu, has for the second time filed a motion requesting Justice John Tsoho of the Federal High Court in Abuja trying him for treasonable felony to disqualify himself from the matter. Kanu and two others are currently being prosecuted by the federal government on a six-count bordering on treasonable felony. They accused Justice Tsoho of bias in the manner he has so far presided over the trial. He is therefore asking the judge to disqualify himself from the matter. The motion alongside the appearance of a new counsel for the 2nd defendant, Benjamin Madubugwu however stalled the trial.

At the resumed trial yesterday, prosecution counsel Shuaibu Labaran told the court that he was confronted this morning with the motion clearly framed by the defendants to frustrate the proceeding of this court. Labaran told Justice Tsoho he would need some time to respond to it. Although the motion was not moved, however, the document in court prayed for “an order disqualifying itself from further proceeding in this matter “on the grounds of bias against the defendants. The motion noted that a formal complaint letter had been sent to the National Judicial Council with exhibits marked NJ1 and NJ2 showing concrete evidence of bias in the conduct of the case and other issues that are inappropriate to mentioned in an affidavit.

The motion further claimed that the court had in the course of its ruling delivered on the April 26, 2016 openly expressed serious prejudice against a member of the defense team. In a new twist in the matter, counsel to the accused persons, Chuks Muoma (SAN), announced a conditional appearance for Nnamdi Kanu and David Nwawuisi. He said his protest was on the grounds that he had a contrary instruction on his arrival in court different from his earlier brief on the matter. He complained that he needs a confirmation on the ‘extraction’ of the 2nd defendant Benjamin Madubugwu from the list of his clients. “My conscience will make it impossible for me to pretend I did not take the instruction. I am the only counsel in this

matter I would like to clarify this embarrassment until that is done my further appearances will be conditional,” he said. At the resumed hearing, Amobi Nzelu had announced appearance for the 2nd defendant, Madubugwu and was confirmed by him. After the matter was resolved, counsel in the matter agreed that Nzelu would need time to study the case file and arrive at a decision whether or not to alien with the motion seeking to disqualify the judge. With the consent of the parties Justice Tsoho then adjourned hearing on the motion to 26 September. The IPOB leader had earlier filed a similar motion against Justice Ahmed Mohammed, following which the case was transferred to Justice Tsoho.

T H I S D AY TUESDAY JUNE 21, 2016

T H I S D AY •TUESDAY, JUNE 21, 2016

BUSINESS/MONEYGUIDE

ACCA Supports CBN’s Decision to Remove Currency Peg The Association of Chartered Certified Accountants (ACCA) has welcomed the decision by the Central Bank of Nigeria (CBN) to introduce a foreign exchange regime that seeks to liberalise the exchange rate market. But the global accountancy body, in a statement yesterday said it was keen to ensure the policy decision results in economic stability, and also trading transparency. ACCA’s Head of Policy for Sub Saharan Africa, Jane Ohadike said “part of the objective of the new framework includes the introduction of the naira to be settled over the counter (OTC) FX futures market. The aim is to encourage people to plan their future foreign exchange

requirements through the use of various hedging instruments as opposed to the current situation where businesses tend to front-load or hoard FX due to uncertainty. “Accountants need to be abreast of the peculiarities of the rules and regulations surrounding the new FX policy as many of their clients, large and small, will be taking FX positions that could impact on the reporting of their accounts.” Ohadike further said: “It’s a given that any economic policy intervention will have an effect, and the central bank has shown optimism that the naira will settle at N250 to the dollar, and anticipates a period of weakness following floatation on Monday 20 June when market

forces will clearly come into play. “However, we are pleased to see in the Bank’s policy update that there are clear guidelines on effective monitoring of the FX market with all authorised dealers and end-users being required to trade only on FMDQ-advised FX Trading Systems. Compliance is clearly important.” On her part, the Head of ACCA Nigeria, Toyin Ademola said on behalf of ACCA’s members, the association would be watching developments closely – especially in relation to black market trading. “We have to ask what the long term effect of this change will mean – will it curtail black market trading and will it help the economy to grow and deal with the deficit?

Wealth Managers Urged to Embrace Digital Technology Nume Ekeghe PricewaterhouseCoopers (PwC), a professional services firm, has described wealth management as one of the least tech-literate sectors of the financial services industry. Therefore, the firm has enjoined wealth management firms to accelerate the adoption of comprehensive digital infrastructure that integrates every aspect of their service offering to net worth individuals (HNWIs), if they must remain relevant. Partner and Head of Tax & Regulatory Services, PwC Nigeria, Taiwo Oyedele, gave this advice while presenting the findings of a recent PwC report: ‘Sink or swim: why wealth management can’t afford to miss the digital wave.”

According to a statement, the forum, targeted at wealth managers and HNWIs was organised by the firm in conjunction with African Wealth Report (AWR). The report which drew on interviews with wealth relationship managers, CEOs and FinTech innovators, and insights from a survey of 1,000 HNWIs, worldwide revealed that just a quarter of wealth managers offer digital channels beyond email. The forum was thus geared towards informing Wealth managers, family offices and HNWIs of the trend in Wealth management, the expectations of the market and the disruptive effects of digital technology to their operations. “Africa is producing more wealthy individuals and families

in recent times and maximising profitability and growth is the clear goal of institutions tasked with managing this wealth. The wealth management sector globally - at best, is however in the very early stages of the first ecommerce-focused wave. Very few wealth management firms have automated and digitised their back office and administrative functions and this is even more evident in Africa. “On the other hand, we find that demand among HNWIs for finance-related technology is, surprisingly high across both younger and older HNWIs. They believe it is important for their financial advisor or wealth manager to have a strong digital offering. Ignoring this state of affairs is not an option,” Oyedele said.

MARKET INDICATORS MONEY AND CREDIT STATISTICS Broad Money (M2)

20,470,436.00

-- Narrow Money (M1)

9,040,817.68

---- Currency Outside Banks

1,441,365.03

---- Demand Deposits

7,599,452.65

-- Quasi Money

11,429,618.32

Net Foreign Assets (NFA)

5,551,714.27

Net Domestic Assets(NDA)

14,918,721.73 22,664,815.74

-- Net Domestic Credit (NDC) ---- Credit to Government (Net)

3,782,578.01

---- Memo: Credit to Govt. (Net) less FMA

4,991,246.39

---- Memo: Fed. and Mirror Accounts (FMA)

CBN Okays Wema Bank as FX Primary Dealer Following the recent commencement of trading on the Nigeria Interbank Foreign Exchange (NIFEX), and the announcement of the movement from the official exchange rate to a market-determined system, Wema Bank Plc has been appointed as one of the Primary Dealers in Foreign Exchange Inter-Bank Market (FXPDs) by the Central Bank of Nigeria (CBN). A statement from the bank explained that with the new appointment, Wema Bank has been positioned as one of the banks to deal with the CBN

in wholesale foreign exchange transactions (Minimum of $10m) on a two-way quote basis amongst other obligations as stated in the FXDP Guidelines. While expressing pleasure at this development, MD/CEO Wema Bank Plc, Mr. Segun Oloketuyi stated that this was a great achievement for the bank which is presently undergoing a thorough business evolution. “The appointment of Wema Bank as a Primary Dealer definitely implies that we control a relatively higher proportion of forex market volumes, which would be positive for our net

interest revenue (NIR) line”. Speaking further, Oloketuyi said that there was generally a huge backlog of forex demand (letters of credit, repatriations, foreign investment outflows, etc.) in the Nigerian economy; however, Wema Bank’s appointment as one of the Primary Dealers in Foreign Exchange Inter-Bank Market (FXPDs) by the Central Bank of Nigeria (CBN) will go a long way in fostering the bank’s bid to serve its customers better, by attending to the backlog with no further ado.

Financial Services Sector Key to Achieving SDGs, Says CIBN Boss Peter Uzoho To achieve the targets of the sustainable development goals (SDGs), the financial services sector would have to play fundamental roles. The President and Chairman in Council, Chartered Institute of Bankers of Nigeria, Professor Segun Ajibola, stated this at the 2016 Annual Lecture of the institute, with the theme “Sustainable Development Goals and the Financial Services Sector: The Meeting Point,” that took place in Lagos recently.

Delivering his opening remark at the event, Ajibola said the topic on sustainable development goals came at the right time, saying the event was being held when the natural resources was being threatened by human activities. He said it was important to strike a balance between the need to provide financial services and products to the over 30 million financially excluded adults in the country as a way of reducing poverty and simultaneously ensure the preservation of the environment.

According to him, the forum was organised with the aim of highlighting key issues and generating ideas that would assist policy makers and operators in the economy carry out their functions and to keep the discerning members of the public abreast of current developments both within their immediate environment and globally. Speaking further, the CIBN boss pointed out that it was obvious that the financial services sector would play fundamental roles in the achievement the SDG goals.

(MILLION NAIRA)

MARCH 2016

-1,208,668.38

---- Credit to Private Sector (CPS)

18,882,237.7

--Other Assets Net

-7,746,094.02

Reserve Money (Base Money)

5,758,634.07

--Currency in Circulation

1,811,090.48

--Banks Reserves

3,383,756.72 • Source - CBN

MANAGED FUNDS Initial Price (N) Stanbic Balanced Fund

Buying Price(N)

Selling Price

1,660.29

1,685.29

Stanbic IBTC NEF

1,000.00

11,002.32

11,326.67.11

Stanbic SIBond

120.47

Stanbic IBTC Ethical

1.10

1.13

Stanbic IBTC GIF

142.90

143.38

UBA Balanced Fund

1.2563

1.2493

UBA Bond Fund

1.3443

UBA Equity Fund

0.8205

0.8074

UBA Money Market Fund

1.1510

ARM Aggressive Growth Fund

N13.0544

N13.4480

ARM Discovery Fund

N288.2515

N296.9425

ARM Ethical Fund

N22.5268

N23.2060

ARM Money Market Fund

13.1030 (Yield % ) • Monetary Policy Rate - 13%

OPEC DAILY BASKET PRICE AS AT FRIDAY, 17 JUNE 2016 The price of OPEC basket of thirteen crudes stood at $44.18 a barrel on Friday, compared with $44.03 the previous day, according to OPEC Secretariat calculations. The new OPEC Reference Basket of Crudes (ORB) is made up of the following: Saharan Blend (Algeria), Girassol (Angola), Oriente (Ecuador), Minas (Indonesia), Iran Heavy (Islamic Republic of Iran), Basra Light (Iraq), Kuwait Export (Kuwait), Es Sider (Libya), Bonny Light (Nigeria), Qatar Marine (Qatar), Arab Light (Saudi Arabia), Murban (UAE) and Merey (Venezuela). SOURCE: OPEC headquarters, Vienna

T H I S D AY • TUESDAY, JUNE 21, 2016

Nigeria’s top 50 stocks based on market fundamentals

20-June-16 17-June-16

% Change

Capitalisation

EPS

P/E

P/S

Div. Yld

Price/ Book Value

01 Dangote Cement Plc

179.99

183.81

-2.08%

3,067,120,927,825.95

10.64

17.27

6.37

4.35%

4.86

02 Nigerian Breweries Plc

141.42

148.86

-5.00%

1,121,333,447,580.96

5.37

27.73

4.27

2.42%

6.93

03 Nestle Nigeria Plc

794.88

757.03

5.00%

630,066,601,589.76

29.95

25.28

3.97

3.83%

15.79

04 Guaranty Trust Bank Plc

21.38

21.61

-1.06%

629,238,611,809.12

3.38

6.40

2.77

8.19%

1.54

05 Zenith Bank Plc

15.96

16.65

-4.14%

501,088,040,824.56

3.37

4.95

1.21

10.81%

0.88

06 Lafarge Africa Plc.

75.00

0.00%

341,617,635,750.00

5.93

12.65

1.28

4.00%

1.94

07 Ecobank Transnational Incorporated

16.15

17.00

-5.00%

296,345,252,122.25

1.39

12.21

0.60

3.65%

0.83

08 Forte Oil Plc.

200.00

198.00

1.01%

260,496,220,600.00

4.45

44.51

2.07

1.74%

5.57

09 Seplat Petroleum Dev. Co. Ltd

350.00

0.00%

193,658,609,550.00

23.48

14.90

1.71

4.55%

0.69

10 United Bank for Africa Plc

4.75

4.80

-1.04%

172,327,750,029.50

1.64

2.92

0.55

12.50%

0.52

11 Access Bank Plc

5.80

5.92

-2.03%

167,782,235,459.80

2.28

2.60

0.51

9.29%

0.47

15.90

16.22

-1.97%

159,000,000,000.00

2.04

7.96

1.37

0.62%

1.44

13 FBN Holdings Plc

4.28

4.39

-2.51%

153,631,853,149.76

0.42

10.40

0.31

3.42%

0.27

14 Guinness Nig Plc

99.90

104.00

-3.94%

150,438,229,981.20

0.78

133.63

3.14

0.00%

3.50

15 Unilever Nigeria Plc.

32.10

32.70

-1.83%

121,443,809,625.00

0.32

103.75

2.09

0.15%

15.46

138.00

0.00%

88,401,470,094.00

11.12

12.41

1.13

1.59%

3.68

7.00

0.00%

84,242,332,258.00

0.50

14.00

0.15

10.71%

0.53

21.11

22.20

-4.91%

83,816,770,419.95

1.10

20.23

1.22

5.86%

2.10

19 Dangote Sugar Refinery Plc

6.66

7.00

-4.86%

79,920,000,000.00

0.96

7.28

0.83

7.14%

1.44

20 International Breweries Plc.

19.99

19.43

2.88%

65,852,043,107.20

0.64

30.40

3.46

1.29%

5.31

21 Mobil Oil Nig Plc.

169.50

0.00%

61,120,896,909.00

13.51

12.54

0.95

4.25%

3.98

22 Total Nigeria Plc

177.00

173.01

2.31%

60,095,365,149.00

11.92

14.51

0.28

8.09%

3.62

1.54

1.52

1.32%

59,630,336,034.50

0.05

28.97

1.44

0.00%

0.67

24 Flour Mills Nig. Plc.

22.05

22.00

0.23%

57,864,429,973.35

1.84

11.95

0.18

9.09%

0.56

25 Julius Berger Nig. Plc.

42.10

0.00%

55,572,000,000.00

1.85

22.77

0.42

3.56%

2.29

26 Diamond Bank Plc

2.28

2.39

-4.60%

52,805,686,847.04

0.24

9.79

0.25

0.00%

0.26

27 Sterling Bank Plc

1.51

0.00%

43,473,531,370.26

0.36

4.22

0.39

5.96%

0.45

28 Fidelity Bank Plc

1.30

1.36

-4.41%

37,651,361,399.60

0.48

2.83

0.27

11.76%

0.21

29 U A C N Plc.

19.50

0.00%

37,456,855,546.50

2.70

7.22

0.51

5.13%

0.51

30 Presco Plc

35.70

0.00%

35,700,000,000.00

3.28

10.89

3.14

0.28%

1.59

31 Cadbury Nigeria Plc

18.01

18.00

0.06%

33,826,418,740.40

3.21

5.61

1.00

7.22%

3.27

32 FCMB Group Plc

1.67

1.74

-4.02%

33,070,527,004.27

0.24

7.24

0.23

5.75%

0.21

33 Wema Bank Plc.

0.82

0.83

-1.20%

31,631,062,186.42

0.06

13.76

0.70

0.00%

0.70

34 Okomu Oil Palm Plc

30.00

0.00%

28,617,300,000.00

2.76

10.88

2.94

0.33%

2.37

35 Cap Plc

36.12

0.00%

25,284,000,000.00

2.49

14.53

3.58

3.18%

16.63

36 Mansard Insurance Plc

2.31

2.20

5.00%

24,255,000,000.00

0.16

13.90

1.39

2.27%

1.33

37 Custodian And Allied Insurance Plc

3.74

3.60

3.89%

21,998,172,089.30

0.71

5.04

0.71

3.89%

0.81

38 National Salt Co. Nig. Plc

7.92

8.10

-2.22%

20,983,551,953.76

0.79

10.19

1.33

6.79%

3.03

15.00

14.22

5.49%

17,938,147,320.00

0.81

17.62

0.56

2.11%

1.29

40 Skye Bank Plc

1.11

1.14

-2.63%

15,407,134,565.10

0.85

1.33

0.12

26.32%

0.11

41 Honeywell Flour Mill Plc

1.89

1.80

5.00%

14,988,073,573.62

0.14

12.74

0.29

8.89%

0.67

42 Unity Bank Plc

1.17

1.18

-0.85%

13,676,525,392.14

0.54

2.17

0.22

0.00%

0.16

43 Continental Reinsurance Plc

1.10

1.14

-3.51%

11,410,018,743.20

0.21

5.52

0.60

10.53%

0.76

44 Cement Co. Of North.Nig. Plc

8.00

0.00%

10,053,422,128.00

0.96

8.37

0.77

1.25%

0.99

45 UACN Property Development Co. Limited

4.29

4.35

-1.38%

7,373,437,478.55

1.81

2.41

0.67

16.09%

0.23

46 Wapic Insurance Plc

0.50

0.00%

6,691,369,126.00

0.10

5.16

0.94

6.00%

0.45

47 Nigerian Aviation Handling Company Plc

4.02

4.23

-4.96%

6,529,359,375.00

0.33

12.78

0.81

4.73%

1.13

48 Resort Savings & Loans Plc

0.50

0.00%

5,664,866,202.00

4.68

0.11

0.02

0.00%

1.89

49 AIICO Insurance Plc

0.80

0.00%

5,544,163,584.00

0.28

2.89

0.17

6.25%

0.57

50 Fidson Healthcare Plc

1.90

0.00%

2,850,000,000.00

0.50

3.83

0.35

2.63%

0.45

12 Stanbic IBTC Holdings Plc

16 7-Up Bottling Comp. Plc 17 Oando Plc 18 P Z Cussons Nigeria Plc

23 Transnational Corporation Of Nigeria Plc

39 Glaxo Smithkline Consumer Nig. Plc.

TOTAL

9,206,984,854,468.02

TOTAL MARKET CAP

9,881,003,636,600.30

% OF MARKET CAP Annotation - MA* = Simple Moving Average

93.18%

Table 1 Market Statistics Mkt Indicators NSE All Share Index NSE Market Cap (N'Trillion) Thisday BGL 50 Index Thisday BGL 50 Market Cap (N'Trillion)

Open Close Change % 17-June-16 20-June-16 29,247.27 10.04

28,769.90 9.88

-1.63% -1.63%

120.37 9.37

118.25 9.21

-1.76% -1.76%

Table 3 Top 5 Gainers Stock

Open Close Change % 17-June-16 20-June-16

Glaxo Smithkline Consumer Nig. Plc. Mansard Insurance Plc Honeywell Flour Mill Plc Nestle Nigeria Plc Custodian And Allied Insurance Plc

14.22

15.00

5.49%

2.20 1.80 757.03 3.60

2.31 1.89 794.88 3.74

5.00% 5.00% 5.00% 3.89%

Table 4 Top 5 Losers Stock

Open Close Change % 17-June-16 20-June-16

Ecobank Transnational Incorporated Nigerian Breweries Plc Nigerian Aviation Handling Company Plc P Z Cussons Nigeria Plc Dangote Sugar Refinery Plc

17.00

16.15

-5.00%

148.86 4.23

141.42 4.02

-5.00% -4.96%

22.20 7.00

21.11 6.66

-4.91% -4.86%

Trading week starts on a bearish note as ASI depreciates 1.63% Market pulse on the Nigerian Stock Exchange (NSE) today – Monday, June 20, 2016 ended on a bearish note as the market closed red today as due to intense sell pressure. This was further highlighted by negative performances from the NSE Sub sectors: Banking, Insurance and Oil & Gas (Save Consumer Goods). Furthermore, trading activities decreased in volume as 416.66 million shares worth N2.25 billion in 4,684 deals exchanged hands today. This is a decrease from the 628.75 million shares worth N6.79 billion in 5,965 deals carried out on Friday. Topping in volume terms was UBA Plc, Diamond Bank Plc and FBN Holdings Plc while UBA Plc and FBN Holdings Plc ended trading as the most active stocks in value terms. The All Share Index (NSEASI) closed negative with a 1.63% (-477.37) decrease to close at 28,769.90 from 29,247.27 the previous trading day. Market Capitalization depreciated in tandem to N9.88 trillion from N10.04 trillion of prior trading day. Similarly, the Thisday BGL 50 Index followed suit with a decrease of 1.76% to close at 118.25 from 120.37 recorded the previous trading day, while its market capitalization stood at N9.21 trillion from N9.37 trillion of the previous trading day. A total number of 17 stocks gained on the bourse today while 33 stocks declined, 60 leaving stocks unchanged. Glaxo Smithkline Consumer Nig. Plc emerged the toast of investors as it topped the Thisday BGL 50 Index gainers’ list with a gain of 5.49% to close at N15.00 per share. It was followed by Mansard Insurance Plc with a gain of 5.00% to close at N2.31 per share. Others on the gainers list include: Honeywell Flour Mill Plc, Nestle Nigeria Plc and Custodian And Allied Insurance Plc, while on the decliners’ list; Ecobank Transnational Incorporated led with a loss of 5.00% to close at N16.15 per share. It was followed by Nigerian Breweries Plc with a loss of 5.00% to close at N141.42 per share. Others on the losers list include; Nigerian Aviation Handling Company Plc, P Z Cussons Nigeria Plc and Dangote Sugar Refinery Plc.

REQUIRED DISCLOSURE This report has been prepared by BGL Plc. BGL Plc does and seeks to do business with companies covered in its research reports. As a result, the firm may have a conflict of interest that could affect the objectivity of this report. Investors should use this report as one of many other factors in making their investment decisions.

For more details go to www.thisdaylive.com

T H I S D AY •TUESDAY, JUNE 21, 2016

MARKET NEWS

SEC Lifts 3-year Suspension on Falcon Securities

Goddy Egene and Eromosele Abiodun

The Securities and Exchange Commission has lifted the suspension it placed on Falcon Securities Limited and its sponsored individuals three years ago. SEC said in a statement on its website that the suspension was lifted because the firm has resolved all issues that led to its suspension and has complied

with the Commission’s directives. SEC had in June, 2013, suspended of Falcon Securities Limited and its sponsored individuals from all capital market activities as an enforcement action for failing to respond to issues regarding the filing of its quarterly reports with the Commission. The company was suspended for failing to attach the company’s schedule of investments

marked to market and failure to report its investments in quoted securities at market value. Also, the company was found guilty of reporting a false and misleading financial status of its 2012 annual reports, as well as complete erosion of the company’s shareholders’ funds as shown in its returns for the period ended December 31, 2012. In line with its resolve to protect investors and rid the

market of infractions, SEC recently suspended the Managing Director of BGL Plc, Mr. Albert Okumagba, his deputy, Chibundu Edozie from capital market activities for 20 years for infractions. The Director General of SEC, Mounir Gwarzo recently visited the Inspector General of Police, Solomon Arase, and called for the collaboration to ensure that infractions are reduced, or completely eliminated from the

capital market. Gwarzo solicited the support of the IGP to enhance the ongoing co-operation between the police and the commission towards ensuring that laid down rules and procedures are adhered to in the capital market, and also ensure that perpetrators of fraudulent acts are brought to book appropriately. He appreciated the police on the work they have been doing

since the collaboration started and sought for more in areas of specialised discipline such as forensic investigation to enhance the operations of the capital market. Arase assured the commission that the Nigerian Police under his leadership would do all that it could to assist the commission in ensuring that incidents of infractions within the capital market are brought to the barest minimum.

DAILY STOCK MARKET REPORT T H E

N I G E R I A N

STO C K

E XC H A N G E

T H I S D AY • TUESDAY, JUNE 21, 2016

TUESDAYSPORTS

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

NFF Frees Giwa FC Players for Other Clubs Warri Wolves climb NPFL log with Plateau Utd defeat Femi Solaja The Nigeria Football Federation (NFF) has given provisional clearance to all players of erstwhile NPFL club, Giwa FC of Jos to join other clubs. In a letter to the Chairman of League Management Company, signed by NFF General Secretary, Dr. Mohammed Sanusi yesterday, the NFF wrote: “Based on the LMC’s expulsion of the club from the Premier League and the NFF ratification of the same measure and with special reference to article 14 & 23 of the FIFA regulations on the status and transfer of players, all players of Giwa FC as pronounced by the LMC and the NFF Disciplinary Committee are free to provisionally register for any club of their choice till the end of the 2015/2016 football season. “Note also that, all the players are to return to the management of Giwa FC after the last match of the 2015/2016 League Season.” Meanwhile, Warri Wolves pipped visiting Plateau United 2-1 yesterday in a Nigeria Professional Football League (NPFL) rescheduled game. Heavy down pour forced the game to be moved by 24 hours. Wolves are now 12th on the table with 30 points from 22 matches, while Plateau is rooted at 18th on 23 points. Uche Cyprian put the home team ahead after 12 minutes, before Joshua Obaje equalised

for Plateau in the 77th minute. However, Wolves clinched all three points when Achibi Ewenike fired home the match winner three minutes from time. Meanwhile, Plateau United striker, Reuben Bala, has described as quite hurtful his side top-flight defeat at Warri Wolves. Reuben said the loss at Wolves has further deepened their fortune on the Nigerian top-flight table. “I do not like the result as we were almost certain to go home with a draw before the dying minute goal. “This is not a good result for us as the loss has further worsened our not too comfortable position on the log. “However, the loss does not mean we are threatened by relegation we just see the loss as momentary setback. “Of course, there are plenty of hopes for Plateau United in the ongoing top-flight we are not going to give up the fight for survival. “We just have to gather ourselves together win few matches on the home front and away and we will be permanently out of the danger zone. “We have a date with the leaders, Wikki Tourists on the line and I can assure you we will win the clash at least with an unreplied goal. “We cannot lose twice to Wikki Tourists having lost 0-3 in the first fixture clash in Bauchi,” said Bala to supersport.com.

RIO2016: Iheanacho Doubtful for Dream Team VI

NBA: Hero’s Welcome for Cavaliers in Cleveland A beaming LeBron James returned home to wild celebration yesterday when he stepped off the Cleveland Cavaliers’ team plane carrying the long-coveted NBA title he promised to deliver for the city’s long-suffering fans. Cleveland faced a historic Warriors team that defeated them in the 2015 NBA Finals, only to come back and set the record for the most wins in a regular season with a 73-9 record. No team had ever rallied from a 3-1 deficit to win the NBA Finals. In fact, only three teams out of 33 have forced an NBA Finals Game 7 after trailing 3-1. The other two teams are the 1951 New York Knicks (against the Rochester Royals) and the 1966 Los Angeles Lakers (against the Boston Celtics). The mere sight of James set off loud cheers from adoring fans who showed up to thank the greatest basketball player on the planet for

leading Cleveland past the Golden State Warriors. The players did not address the crowd but James appeared to take a shot at the Warriors as he disembarked the plane wearing a blue ‘Ultimate Warrior’ T-Shirt while holding the glittering NBA championship trophy high above his head. The Cavaliers plane touched down at around 16:30 GMT and was given a water salute that saw giant arches of spray shoot over the aircraft. The plane then pulled up along a chain-link fence where thousands of fans on the other side, eager for a glimpse of James and his teammates, held up their mobile phones to capture a moment for which many had waited a lifetime. When the door to the plane opened and players started filing out, British rock band Queen’s iconic

anthem “We Are the Champions” blared through the speakers. Many of the Cavaliers, who made a stop in Las Vegas after winning the title in Oakland, California, hung out on top of the staircase so they could capture overhead video of the crowd before descending the steps to the tarmac. The loudest cheer was reserved for James, who carried the Cavs all season and spearheaded the greatest Finals comeback in NBA history as Cleveland became the first team to rally from a 3-1 series deficit and win the title. In each of the 32 prior instances, the team facing such a deficit had lost the Finals and only two forced a Game Seven. But the Cavaliers kept Golden State’s high-powered offense from finding their groove and a dominant James became the first player in NBA history to lead the Finals in points,

rebounds, assists, steals and blocks. He was unanimously voted the Most Valuable Player of the Finals after the game. It marked the first NBA title for a long-struggling Cavs franchise and the city of Cleveland’s first professional sports championship since the 1964 Cleveland Browns of the National Football League. As James walked down the steps of the plane, the crowd showered him with shouts of “M-V-P, M-V-P” before breaking into a “Let’s Go Cavs” chant. Traffic was so bad near the airport that many Cavs fans reportedly abandoned their cars in bumperto-bumper traffic and walked a mile to the hangar. There was also a throng of fans on the street leading up to James’s home in Akron, Ohio, many holding “Dreams Come True” signs while passing cars honked their horns.

ANB: Double Taxation Strangulating Sports Betting

Iheanacho Kelechi Iheanacho’s participation at the forthcoming Olympic Games in Rio de Janeiro, Brazil has been cast in a mist of doubt after it emerged he is expected to resume pre-season with Manchester City rather than join the Nigeria Olympic team. Iheanacho, 19, is in the Nigeria provisional squad for the Games, but his participation is now in doubt, as he will return to England to team up with City for pre-season. “We’re really not sure if he will go to the Olympic Games or not because he is scheduled to return to England for pre-season,” a top source in the player’s circle told AfricanFootball.com. “It will depend on the

LeBron James (with trophy) and the Cleveland Cavaliers shortly after they claimed the 2016 NBA championship on Sunday night

arrangement the NFF will have with Manchester City which I’m not sure of but I’m sure he will start the pre-season with City,” the source added further. Iheanacho had a breakout season at the Etihad last term, with former manager Manuel Pellegrini having given him opportunities. But with Pep Guardiola coming in as the new City manager, the youngster may need to prove himself all over again and it remains unclear if he will now be released to join the Nigerian squad. He was also not among the players who attended visa interviews at the American embassy in Abuja on Thursday.

Operators of the sports betting companies in the country rose from a stakeholders’ summit in Lagos at the weekend, calling on both the federal and state governments to do something on the double taxation currently strangulating the sector. The summit organised by the Association of Nigerian Bookmakers (ANB) at the Sheraton Hotel in Ikeja, Lagos, had top stakeholders in the gaming and betting industry, which included the operators, players, police, tax experts, Inland Revenue service officials, regulators at state and federal levels and licensed agents within and outside Lagos in attendance. Acting Chairman of ANB, Akin Alabi, who also doubles as the founder of NairaBet.com, insisted

that operators of the sports betting industry were in dilemma over whom to pay taxes. “Each state is insisting they are in charge of gaming and betting while the National Lottery Regulatory Commission is also saying that they are the ones in charge. So who do we pay to? Do we pay twice? It’s a major reason why we convened this summit,” observed the ANB chief at the summit. Alabi insisted that by the time these double taxations are added to the company taxes that the operators of sports betting companies pay, the magnitude of the problems being faced can be imagined. “So, it’s strangulating our businesses coupled with forex issues. So we need to be sure

who we pay to avoid these double taxations currently killing our business,” Alabi pleaded. “In an industry that is not coordinated and regulated, there are bound to be charlatans all over the place, running away with people’s money. But if it’s regulated, people pay their taxes and there are good financial standings, the public will have confidence in us and want to do business with us,” Alabi added. “It’s a growing industry; we’ve been noticed and we can’t hide again. Everybody knows something is going on there but it’s like we are sitting on a keg of gunpowder. One day if we don’t come together and nurture the industry, things might not go on well,” he warned. Also speaking at the summit, the Managing Director of Surebet247.

com, Sheriff Olaniyan, also lamented on the matter of double taxation but remained hopeful that since regulators of the industry were well represented at the summit, solution are likely to be found for the problem. “Double taxation is a critical issue that we must tackle for the industry to move forward. If we do this (summit) every year, it’s going to be a major step forward in the industry. With the way the federal and state officials are tackling the issue of double taxation, I believe we can have a single tax payment solution,” he noted with optimism. While revealing the benefits that are inherent is a well regulated sports betting industry, Olaniyan agreed that the Nigerian experience is a growing one.

Tuesday June 21, 2016

UT H

& RE A S O

Price: N250

MISSILE Dayo Adeyeye to the Police “It is curious that the police made no arrest of the thugs who openly brandished various dangerous weapons in and around the premises of the secretariat. It is also curious that the police claimed to be acting on ‘orders from above’ in allowing (Senator Ali Modu) Sheriff and his cohorts to gain entry into the secretariat” – PDP Caretaker spokesman, Prince Dayo Adeyeye, on the role of police in the party’s crisis.

KINGSLEYMOGHALU The Path to Inclusive Growth I GUEST COLUMNIST

am a sucker for clarity of thought, and especially conceptual clarity, which has important implications for public policy. Clarity in the way we understand things matters for public policy because the policy space determines our wealth or poverty as a nation. If we understand concepts, issues and challenges clearly and accurately, we are more likely to act in ways that actually address these challenges effectively. Provided, of course, that we have the political will. And provided, in addition, that ideology does not impose blinkers on our ability to think and act on a rational and pragmatic basis. Muddled thinking and hazy understandings, when inflicted on economic policy, can keep a nation poor when it has no business in the poverty leagues. Thus it is important, especially for Nigeria as Africa’s largest economy and most populous country, to apply wisdom and understanding to its economic future and avoid the policy mistakes of the past. We can easily make the same mistakes over the subject of inclusive growth, the absence of which is understood to be at the heart of our development dilemma. One can already see how this can happen, with our thinking and rhetoric veering off decidedly into “inequality” and social protection, all of which are nevertheless valid issues in their own right. It is easy for a discussion about inclusive growth to become one about income inequality. The latter is the phenomenon in which wealthy industrial societies have become increasingly unequal in terms of income, wages and wealth as a result of the unequal dividends of capitalist success. It is the famous “1 per cent” problem, a cause celebre of contemporary economics and public policy in the West. The combined wealth of the richest 1 per cent eclipses that of the remaining 99 per cent. The 1 per cent problem reflects the limits of capitalist philosophy. In response, several western governments and policy thinkers have tinkered with different ideas about “redistribution” of wealth. But this is not the real challenge of inclusive growth developing countries like Nigeria face. Our economy, after a sustained GDP average growth of 5-7 per cent, reduced sharply to 2.8 per cent in 2015 following the oil price crash, and is now headed into recession with growth of 0.4 per cent in the first quarter of 2016. Like many other countries that have been poster children of the “Africa Rising” story, Nigeria ranks very low on the United Nations Development Programme’s Human Development Index at 152 out of 187 countries. Our GDP per capita is $3,000. The “unequal” 99 per cent in the industrialized world enjoy the basics of electricity, clean water and good transport infrastructure, but are nevertheless worried at how phenomenally wealthy the 1 per cent have become. We have a very different, and foundational problem in Nigeria. The term “inclusive growth” has become a buzzword of development economics and political economy. As the UNDP so pithily puts it, “when you ask five economists to define the subject, you will likely end up with six answers”. But it is clear that inclusive growth is growth that is broad-based across different segments of the society and sectors of the economy. It will include a large part of the country’s labour force and create productive employment. Inclusive economic growth emphasizes equality of opportunity in terms of access to markets, employment, resources, and a regulatory environment that provides a level playing field. While it is one in which the poor are not left out or left behind, it seeks that outcome by creating productive employment and a steady increase in the productivity of labour, which is what creates wealth, in raising the income levels of excluded groups. This is different from direct income redistribution Inclusive growth is Nigeria’s central economic challenge. Market-led economic growth is the dominant paradigm of economies in the world today, and rightly so because it has been the most effective path to reducing poverty, creating wealth, and achieving transformation. But its Achilles heel is always this nagging question of growth that excludes large numbers who do not have access

Minister of Finance Kemi Adeosun to the opportunity for productive employment and entrepreneurship. This matters for two reasons. First, non-inclusive growth, especially in countries such as ours that have not even taken off on a trajectory of productiondriven growth, cannot achieve real development and transformation. Western countries can grapple with the 1 per cent problem, but their economies have long been structurally sound. These economies are based on innovation, industrial production, and the exports of competitive goods, and thus create jobs. Second, non-inclusive growth builds up a bottleneck of exclusion that, long term, destabilizes the security and sustainability of the social order. Again, this is why, despite the importance of social safety nets in every society, exhaustive transfers to the unemployed, rather than creating jobs for them, cannot solve the problem. Without creating a broad-based pattern of growth based on productive employment that grows both the GDP and the GDP per capita, exhaustive transfers may have populist appeal but will not be sustainable. How can we create inclusive growth in Nigeria? The answer lies in a combination of approaches that includes (a) conceptual clarity as a point of departure, (b) rural-based economic growth, (c) infrastructure provision, (d) creating a social contract, (e) the role of business, (f) human capital development, (g) economic diversification, (h) financial inclusion, and (i) effective political leadership. We have already dealt with conceptual clarity. Orthodox definitions of economic transformation emphasize urban-based economic production, creating an “urban bias” in classical economic thinking. But, especially in a populous country such as ours, we need to begin to develop rural based economies. Cities such as Lagos, Kano Aba and Onitsha are choked. Economic activity is trapped in these cities, but 53 per cent of our population live in rural areas. Decentralized economic growth, especially based on value-added agriculture and industrial manufacturing, will create more jobs and boost inclusion. The role of infrastructure in creating inclusive growth is obvious. This is what creates equality of access to markets and productive opportunities, and it will also create a “pull” factor for decentralized economic activity. Developing human capital through educational policy that is geared to innovation and technical skills is necessary to increase the productivity of labour, which is the critical component of inclusive growth. This requires a very conscious policy that prioritizes science and technology for the next 20 years in Nigeria. The benefits of a liberal arts education notwithstanding, it is clear that education policy in Nigeria must make certain conscious choices if we are to achieve a “quantum leap” of inclusive growth. That choice must be one in favour of technical and vocational skills at this time.

We have talked ourselves hoarse about the need to diversity Nigeria’s economy. But inclusive growth will not be achieved by merely diversifying into low-productivity agriculture in the 21st century or mining and exporting raw solid minerals. The latter will simply create another channel of commodity dependency, and is not the model on which the true wealth of nations is based. Real diversification means a value chain of industrialization and value addition in a number of industries, whether based initially on agricultural or mineral resources, or, additionally, beyond natural resources to create other competitive goods for export. This means, in the area of solid minerals, that we need to be far-sighted and require value-addition (beneficiation) to any solid mineral mined in Nigeria before its export prior to granting mining licenses to investors. That is what creates jobs. True diversification of economies across sectors requires a strategy to achieve economic complexity (a subject I will address in more detail another day). Achieving inclusive growth in this manner also requires political will to overcome the corruption and patronage systems that are frequently linked to natural resources. Nigeria needs to create a social contract between the state and its citizens. This involves, primarily, the obligations of citizens (such as paying taxes) in exchange for the protection of life and limb, civil liberties and its limits, as well as the sustainable provision of basic infrastructure and social safety nets by the state. This gives citizens a sense of belonging, with mutual accountabilities between the government and the governed. One way to achieve this is to bring the millions in Nigeria’s informal economy into the formal sector, including by making innovative use of the ubiquitous mobile telephones that are owned by 140 million Nigerians. This is linked to financial inclusion. Inadequate access to

finance plagues Nigeria’s small and medium enterprises, resulting in the oxymoron of capitalism without capital. It is not enough to strengthen the role of development banks, though that is essential. Beyond this, more private sector regional banks in geopolitical zones should be encouraged as a matter of policy, so that finance is located closer to rural and semi-rural populations as well as the urban small businesses. It is shocking that, as a recent report of the Nigerian Bureau of Statistics revealed, 77 per cent of bank credit in Nigeria in 2015 went to Lagos alone. That’s just one of the 36 states, and only 10 per cent of Nigeria’s population. This is extreme financial exclusion, a model that cannot build or sustain an inclusive growth economy. The role of the private sector more broadly is similarly critical. Business will play a driving role in inclusive growth if the power of competition, privatization and deregulation is unleashed in a manner that avoids abusive crony capitalism. Finally, Nigeria will not achieve real inclusive growth without inclusive governance. We will continue to suffer instability and be distracted from strategic economic transformation if the foundational elements of political inclusion for Nigeria’s diverse citizenry are not addressed sincerely and effectively. The federal government today came to office in an election in which the opposition defeated an incumbent president. This gives it a unique opportunity to begin to truly heal Nigeria’s wounds. A political re-engineering of our nationhood and our economy by revisiting a constitutional structure that traps us in a vicious circle of underdevelopment, will provide the foundation for real economic transformation. • Professor Moghalu, a former Deputy Governor of the Central Bank of Nigeria (CBN), is a Senior Fellow in the Council on Emerging Market Enterprises at The Fletcher School of Law and Diplomacy at Tufts University, USA

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