Tuesday 26th July 2016 by THISDAY Newspapers Ltd

TUESDAY JULY 26, 2016 T H I S D AY

TUESDAY JULY 26, 2016 • T H I S D AY

NEWS

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

Obasanjo: Budget Padding Allegation Confirms N’Assembly is Corrupt

Advises Buhari to be vigilant Tinubu says she has forgiven Melaye Kogi senator: It’s an old story Saraki names Udoma, Akabueze members of budget reform committee Ndume: Claims of budget padding in house a lie Investigate Dogara, Lasun for corrupt practices, Abdulmumin urges EFCC Tobi Soniyi, Omololu Ogunmade and Damilola Oyedele in Abuja Former President Olusegun Obasanjo has said the recent revelation of budget padding has confirmed his stance that the National Assembly is host to corrupt people. This came as Senate Leader, Ali Ndume, described the allegation as unnecessary and unfortunate, saying: “There is nothing like budget padding as far as the National Assembly is concerned.” Obasanjo while speaking after a closed-door meeting with President Muhammadu Buhari at the Presidential Villa in Abuja yesterday, counselled the president to be very vigilant in his dealings with the National Assembly. The former president said he came to the State House to brief the president on his recent trips to The Gambia and Liberia. Asked if he was concerned about the issue of corruption in the National Assembly, particularly with respect to recent revelations emanating from the House of Representatives on budget padding, he gave a convoluted response that required some thinking: “Well, if you said that I have said it in the past and if there are people who didn’t believe what I said in the past, then you now say that what has come out confirms what I said in the past, then you can say what I said in the past is what I will say now.” Asked if he would want the allegation of budget padding to be investigated, Obasanjo said: “It is not a question of investigation, we should get men and women of integrity in the place and the president should be very vigilant, whatever should not pass should not pass.” Last January, Obasanjo had written to the Senate President Bukola Saraki and the Speaker of the House of Representatives, Yakubu Dogara, accusing the lawmakers of fixing and earning salaries and allowances far above what the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) approved for them. He also alleged that most of the lawmakers were paid constituency allowances without maintaining constituency offices as required by the law. Obasanjo arrived the Villa at about 12.30 p.m. and headed straight into Buhari’s office. He said: “I’m visiting this time because I have some messages for the president. Not too long ago I was in Liberia and The Gambia and I have messages these two countries will want me to deliver to the president. “Also, only yesterday I came

back from Seychelles Island where I attended this year’s annual general meeting of Africa Export Development Bank. And there are aspects of the proceedings that I think I should update the president on.” When asked if he enjoyed travelling around the world, he said: “Travelling is good education, what you will learn about a country by visiting that country for two or three days

you won’t learn by reading through books.” Obasanjo, 79, said he had no intention of slowing down. However, Senate Leader, Ndume, described the allegation of budget padding by the sacked Chairman of House Committee on Appropriation, Abdumumini Jibrin, against the House of Representatives’ Speaker, Yakubu Dogara, as unnecessary and unfortunate, saying: “There is nothing

like budget padding as far as the National Assembly is concerned.” Ndume who made this remarks yesterday while answering questions from journalists in the National Assembly, said working on a budget either by adding to an allocation or subtracting from it or even bringing completely new allocations into the budget by the National Assembly cannot be described as padding

because the legislature is empowered to do so. He said: “I don’t want to say that there was budget padding and I don’t want to talk about something I really don’t know but what is happening in the House of Represenatives is just very unfortunate because we have processes and procedure of doing things in the National Assembly. “If somebody has an issue, he’s supposed to know what

to do and not just by going to the press but I think they are going to sort out things in the next coming days. There is nothing like budget padding. If it is the National Assembly that worked on the budget, then you don’t call it padding because padding is like illegality which is not done here. “But if there are certain abnormalities in the budget

Cont’d on Pg 40

TUESDAY JULY 26, 2016 • T H I S D AY

NEWS

Refund Billions Jonathan, Igbinedion Gave to You, Ize-Iyamu Tells Oshiomhole

Iyobosa Uwugiaren

The Edo State Peoples Democratic Party (PDP) governorship candidate, Pastor Osagie Ize-Iyamu, has asked the state Governor, Adams Oshiomhole to refund billions of naira he allegedly collected from former President, Dr. Goodluck Jonathan, and Governor Lucky Igbinedion since he is now talking of refunding the N700 million Jonathan gave the state PDP during the 2015 presidential election. He stated this during the presentation of a book entitled: ‘Breach Of Trust- an eyewitness account of political events in Edo State before and under Adams Oshiomhole’s watch’, written by Oshiomhole’s former Commissioner for Oil and Gas, Mr. Orobosa Omo-Ojo. While defending the money the state PDP received from President Jonathan during the 2015 election, Ize-Iyamu said he had explained to the Economic and Financial Crimes Commission (EFCC) that he never benefited from the N700 million given to the state PDP, saying the record on how the fund was disbursed is already with the EFCC. He described Oshiomhole’s action as hypocritical, adding that he was also a benefactor of such fund in the past. According to the PDP governorship candidate, “Now that Oshiomhole is talking of refunding the money President Jonathan gave to the state PDP during the presidential election, he should also refund the billions of naira he collected from Jonathan in 2012 during the presidential election. Oshiomhole collected the money from Jonathan and worked against his then party, Action Congress

of Nigeria in that election. He betrayed his party. ‘’He should also refund over a billion naira the former governor of Edo State, Chief Lucky Igbinedion, gave to him during the 2007 governorship election in Edo State. It is a wellknown fact that it was Chief Igbinedion who brought him into ACN and gave him money he used for the election.’’ Ize-Iyamu added that Oshiomhole and his “puppet governorship candidate” in the September 10 election, Godwin Obasekei, could no longer be trusted by the Edo people because they had betrayed everybody who helped them into offices in the past. ‘’Look around Oshiomhole, everybody who worked for him in the past have deserted him because he betrayed them. He has betrayed teachers, judiciary workers, commercial motorcyclists (Okada riders), market women, political associates and the Edo people in general. He can never be trusted again,” he added. On his part, the author of the book, Mr. Orobosa Omo-Ojo, while welcoming invited guests to the book presentation which took place at University of Benin, said damaging relationship is a little price to pay when Oshiomhole is faced with a life-and-death political threat. The immediate past state Commissioner of Transport added that: ‘’Sun Tzu’s approach to warfare, where deception is vital, plays a significant role in Oshiomhole’s administration-to him, all is fair and as a result, Dennis Osadebey Avenue has become a killing field for truth and a breeding ground for deception.’’ Omo-Ojo told a story on how in the wake of the APC

Wife and Daughter of Shehu of Bama Rescued from Boko Haram Michael Olugbode in Maiduguri The wife and daughter of Shehu of Bama, Alhaji Umar Ibn Kyari El-Kanemi, abducted by Boko Haram about two years ago during the capture of the town yesterday regained their freedom. The General Officer Commanding (GOC) the 7 Division of the Nigerian Army, Brig. Gen. Victor Ezugwu, was said to have brought the queen and her daughter to the Shehu of Bama’s abode in Maiduguri at about 1:30p.m. The release of the two, was greeted with wide jubilation by members of the royal family as some of those present at the Shehu’s abode when they were brought could not resist shedding tears of joy. The now freed Queen Hajju was abducted along with two of her children, a boy and a girl when the town fell to the insurgents two years ago. She however lost her son

during the captivity in the hands of the insurgents. It was learnt that Nigerian troops rescued her and her daughter during their operations around Damboa axis. A source at the Maiduguri residence of the paramount ruler who did not want his name in print, told THISDAY that the king could not hold back tears of joy on sighting the queen and his daughter. The source said: “We are happy to see our queen and her daughter back, but it is unfortunately to learn that Boko Haram killed her son who was kidnapped along with her.” Meanwhile some residents of Maiduguri have started trooping to the abode of the ruler who was forced to relocate from Bama when the town fell to the insurgents about two years ago. Among the early callers at the residence include the Borno State Deputy Governor, Usman Durkwa and the wife of Borno State Governor, Hajiya Nana Shettima.

presidential primary election, Oshiomhole surprisingly informed his commissioners and other aides of a slight change in his name. ‘’That was not the first time he would tinker with his name. During the 2007 campaigns, we had to worry about Aliyu or Aliu, until a communion service arranged by distinguished Senator Roland Owie was conducted by Rev. Father Theophilus Uwaifo to prove to the public that indeed, Oshiomhole was not an atheist. “This time around, he would want us to emphasise Eric as his first name. Although, he gave no reason for the change in his name, it was obvious to most commissioners that it was a ploy to secure the position

of a running mate to President Muhammadu Buhari. ‘’His action was in connection with the misconception about his faith by many people. The Oshiomhole’s vice-presidential candidate ambition was a complete disaster in terms of resources, emotion and ego bruising. ‘’One of his close kinsmen, who was a fellow member in the State Executive Council, told a story of how our dear governor lost close to half a billion naira to an intermediary network working for an APC leader from South-west. “Few weeks after the presidential primary, I drew the attention of the governor to the non-compliance of his directive by his media team-

on the effective use of Eric as his first name. Oshiomhole dismissed me in anger, saying, ‘Orobosa, you bother so much about details and for your information that is not necessary now’,” he said. Omo-Ojo further stated that Oshiomhole’s decision to adopt Eric as his first name and his follow-up decision to drop same without consideration for his brand worth is a reflective of his spontaneous leadership style that has positioned his achievement as transitional gain. He added: ‘’Eight years of bits and pieces of impulsive projects will ultimately fade away moment he leaves office. One of the most significant disadvantages of Oshiomhole’s impulsive management behaviour is

that his stewardship has led to destabilisation in the state. His hallmark is a rapid change of expectations, and he offered us no real level of consistency in terms of expected measurable outputs. ‘’Oshiomhole campaigned to end god-fatherism, but it is obvious that his main goal is to become the new godfather of Edo State politics, hence the imposition of candidates in total disrespect for party internal democracy which has now been the order of the day.’’ He stated that credible Edo people who joined the APC because of Buhari and John Odigie Oyegun’s chairmanship of the party were denied space in the party by Oshiomhole.

A GOOD HOST

L-R: Chairman, Federal Inland Revenue Service (FIRS) and Joint Tax Board (JTB), Mr. Babatunde Fowler, presenting a plaque to Ogun State Governor, Ibikunle Amosun, when members of JTB paid a courtesy visit on the governor in his office as part of activities marking 135th meeting of the JTB held in Abeokuta.....yesterday

Dokpesi: I Have What It Takes to Rebuild PDP Omon-Julius Onabu in Asaba

father about his intention to take over the leadership of PDP, The founder and former asking for his blessings as he Chairman of Daar begins the race for the top job. Communications, Chief “We are here for your Raymond Dokpesi, has said blessings. he has what it takes to turn “I am confident that by around the fortunes of the your pronouncement and by Peoples Democratic Party the grace of God, the position of (PDP) if allowed to lead the PDP chairman is guaranteed.” Speaking in Asaba, the Delta party as the national chairman. Dokpesi said he had been State capital, yesterday, Dokpesi around awhile to know the threw more light on why the ingredients needed to rebuild party leaders rejected erstwhile the party and bring it back to governor of Borno State, Ali Modu Sheriff, as national winning ways. He stated this while flagging chairman. He said Sheriff had “a bit of off his nationwide campaign tour for the coveted seat from baggage” associated with the his home town and ward in insurgent group, Boko Haram aside allegedly having low Agenegbode, Edo State. Dokpesi’s first port of call patronage in his geo-political was the palace of Okumagbe, zone. Dokpesi, who was in the Weppa Wanno, Dr. George state to woo state delegates to Oshiapi Egabor (Omoaze 1). He was accompanied by close the forthcoming PDP National friends, colleagues and political Convention scheduled to hold in associates from different parts of Port Harcourt, Rivers State, said the country, prominent among Sheriff would dim PDP’s hopes them was Senator Kasim Oyofo. of reclaiming the presidency by Dokpesi informed the royal his unfavorable credentials.

The PDP chairmanship hopeful said: “Sheriff has a little bit of baggage because where he comes from, he is not supported,” adding, “Boko Haram is a major reason our son, Goodluck Jonathan, lost the last presidential election. So, there was no need for us to bring somebody associated with Boko Haram to represent us if we wish to reclaim the presidency in 2019.” However, Dokpesi assured the prospective delegates to the Port Harcourt convention of restoring “the glory of the South-south” if given the opportunity to be the national chairman of the party as errors of the past would be remedied. Nonetheless, he commended the leadership of the PDP in Delta State for working hard to keep the party together and retaining power at the state level, saying it testified to the fact that the state remained a stronghold of the PDP in Nigeria. According to him, the party lost majority of elective positions

in the last general election because the values and ideals of the founding fathers of the PDP had been undermined, adding that if given the opportunity, he would make sure that the ideals which include internal democracy would be restored and put the party back to winning ways. He said after meeting with the state PDP working committee that he had fashioned out a 10-point agenda for the revival of the party in the country towards reclaiming its predominant position. Speaking, Delta State PDP Chairman, Mr. Kingsley Esiso, said if the party was to reclaim the presidency in 2019, it was very important to have a formidable chairman. Esiso described Dokpesi as having “the capacity and what it takes to achieve the dream of the party,” assuring the chairmanship aspirant of the support of the stakeholders of the party in the state.

TUESDAY JULY 26, 2016 • T H I S D AY

NEWS

FG Moves to End Chronic Aviation Fuel Scarcity Chinedu Eze The federal government has stepped in to put an end to the protracted scarcity of aviation fuel (Jet A1), which has paralised flight operations for weeks. The government has started engaging oil marketers and others involved in the procurement and distribution of the product with the aim to ensure it was made available to the airlines. This was disclosed yesterday by the Nigeria Civil Aviation Authority (NCAA) in a statement signed by its spokesman, Sam Adurogboye. The authority said the federal government has engaged all the stakeholders involved with the procurement and distribution of aviation fuel to ensure availability in earnest. It therefore enjoined all passengers to exercise caution while expressing their grievances as the airlines were grappling with the challenges thrown up by the non- availability of Jet A1. On the other hand,

NCAA called on the airline operators and said they must ensure they adhered strictly to the Standard and Recommended Practices (SARPs) in their operations, insisting that passengers must be informed of any development concerning their flights well ahead of time. NCAA however urged passengers who were experiencing the attendant flight delays and cancellations arising from the scarcity of aviation fuel to exercise restraint. The regulatory body said this call was necessary due to reports of passengers’ rage and violence from some of the nation’s airports in the last few days. “In some cases irate passengers have resorted to wanton destruction of certain facilities at the airports,” said NCAA. The regulatory authority said it absolutely agreed with the passengers that the conditions of carriage on their tickets must be upheld by the operating airlines. “In other words, it is our statutory responsibility to ensure that passengers derive value for their money,” the Authority said.

In addition, NCAA said it was poised to ensure that all aggrieved passengers’ complaints were professionally handled by its Consumer Protection Officers. “These include flight cancellations, delays, missing baggage, denied boarding etc. However, the Authority wishes to inform

all passengers that it is well aware of the prevailing scarcity of Jet A1, which has inevitably led to flight cancellations and delays by the airlines,” the body said. It also disclosed that it had taken cognizance of concerted efforts being made by the airlines to ensure that all passengers were “ferried

without any hitches”. The scarcity of Jet A1 at the weekend led to the cancellation of over 60 percent of flights meant for domestic destinations. This led to fracas at some airports as some passengers who desperately wanted to travel to their destinations lost their temper and

physically confronted airline officials. Industry operators said aviation fuel scarcity has adversely affected the economy of the country, as air transport is the fasted way of delivering persons, cargo and services, used by top government officials and business leaders.

Two Burnt to Death, Several Cars Destroyed as Fuel Tanker Explodes in Lagos Chiemelie Ezeobi

Two yet-to-be identified persons were yesterday burnt to death at Cele Bus Stop, along the Mile 2 Expressway, Lagos, following the crash and subsequent explosion of a fuel tanker said to be carrying 33,000 litres of petrol. The explosion which also totalled several cars, stretched to about 500 kilometres of the ever busy bus stop, gutting everything in its path, including the wares of some road side traders. Although the identities of the deceased persons were yet to be identified, several others sustained varying

degree of injuries as they made to escape the flames. The crash, which happened at about 5.30p.m., was said to have happened after the driver of the tanker lost control and swerved to a boulder separating both sides of the road. The impact of the clash was said to have first caused a spillage of the product, before it later exploded and gutted everything in sight before men of the Lagos State Fire Service arrived at the scene. When THISDAY visited the scene, a terrible traffic snarl stretched from Coker Bus Stop to Cele, forcing road users to divert to the

inner roads, which were not really motorable. At the scene of the explosion, emergency responders present were the National Emergency Management Agency (NEMA), the Lagos State Emergency Management Agency (LASEMA), the Lagos State Fire Service, the Lagos State Traffic Management Agency (LASTMA) and the police who maintained law and order. As at when THISDAY left the scene as at about 7.58p.m., the fire had been completely doused and some of the emergency vehicles began to withdraw. Spokesman of Lagos State

Fire Service, Rasaq Fadipe, told journalists that no fewer than six fire fighting trucks were mobilised to control the wild fire. He said, “The serious outbreak of fire in Cele area was caused by massive petrol spillage into drainage. Six fire trucks were mobilised to control the fire.” Also, NEMA South -west Spokesperson, Ibrahim Farinloye, who spoke to THISDAY, however said only one person was confirmed dead. He said, “The fuel tanker was going toward Oshodi when it exploded at Cele Bus Stop. The fire spread across the entire expressway but it has been controlled.”

T H I S D AY • TUESDAY, JULY 26, 2016

COMMENT

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

REFORMING NIGERIA’S BUSINESS ENVIRONMENT

The Senate promises legislative intervention that can help turn around the business environment for better performance, writes Kingsley Amakhu

found it very interesting, reading your editorial opinion of July 18, 2016, headlined the ‘Nigerian Business Environment’ which highlighted clearly the challenge of doing business in Nigeria. I found it interesting for a number of reasons. First, I thought it was coming long time after the National Assembly had identified the problem and taken steps to address the legal aspects of the challenge the World Bank Doing Business Report highlighted. Second, your review mirrors the salient points that partly led to the Senate adopting a legislative agenda that is heavily tilted towards economic development and diversification. Again, one cannot but accept that as a country feeling the impact of the falling price of crude oil coupled with the fact that there is no better time to energise investment and cleanse our business environment of obsolete institutional, regulatory and legal structures that clog businesses as important first steps to stimulating growth and diversifying our economy. Yes, you are right in noting that the current World Bank Report which placed Nigeria at 169 on the list of 185 countries assessed, indexes how bad the problem is and why it is clearly a difficult road to economic growth with a business environment ranking like we have. It is in recognition of this challenge early in the beginning of the life of the present Eighth Senate and the globally established evidence that law plays a key role in changing the economy that the Senate, working together with the House of Representatives, the organised private sector, UK-DfID (Nigeria) through its ENABLE and GEMS3 programmes and the Nigerian Bar Association’s section on business law, set up a team of experts to carry out a comprehensive review of the institutional regulatory, legal and associated instruments affecting businesses in Nigeria. The report from this effort is expected to help the National Assembly chart a pathway towards addressing the identified legal failure. The report which has been peer-reviewed and deliberated upon by the legislature, private sector, development partners, academia, lawyers and the media, has since been presented to the National Assembly under the platform of the National Assembly Business Round-table (NASSBER). The report was certified by the round-table as having successfully filled the information gap necessary for an effective legislative intervention that can help turn around the business environment for better performance. The NASSBER review noted and provided priority areas for legislative intervention. In keeping with the promise

THE SENATE LEGISLATIVE AGENDA HAS BEEN SIGNIFICANTLY SHAPED BY THE VISION NOT ONLY TO SEE A NEW NIGERIA BUSINESS ENVIRONMENT THAT WILL RANK AS ONE OF THE HIGHEST IN AFRICA BUT WILL ALSO BECOME THE ENVY AND THE BLUEPRINT FOR MANY OTHER AFRICAN COUNTRIES

made both under its legislative agenda and at the submission of the technical committee report, the Senate and the House of Representatives moved into action on the identified areas. This was done by placing on the priority list the key proposal with a view to giving them accelerated consideration. The report equally had some proposed laws marked as medium and low priority items. As you noted in your editorial the World Bank Report did not measure also the obvious impact of infrastructure and the underlying quality of institutions and the strength of the financial system on the business environment, an area which was fully highlighted in the report submitted to the National Assembly. This is why today, such priority reform bills especially the vital infrastructure market bills, including the Railway Bill, the Road Authority Bill, the Nigerian Transport Commission Bill, the Road Funds Bill, the Ports and Harbour Authority Bill, the Federal Road Authority Bill are already being considered by the Senate and are at various stages of being passed into law. In the same vein, fundamental regulatory bills including, the Public Procurement Act Amendment Bill, the Electronic Transactions Bill, the Bankruptcy & Insolvency Repeal and Re-enactment Bill, the Commercial Agriculture Credit Scheme Bill, Nigerian Agricultural Quarantine Service Bill which are all rated high-impact and priority by the report have all been passed into law by the Senate awaiting concurrence of the House. The experts have already contended that the implication of these bills (once fully passed) in easing businesses and promoting investment will be tectonic. While noting that not all that is ailing the economy stems from the law but also from the application of the law, the report clearly highlights the impact of regulation in the business environment which is why in framing the regulatory changes proposed in the new legislations already pencilled down, significant consultation and engagement was extended to business regulators and operators across the spectrum of our business environment to ensure consensus building, buy-in and participation. The result of all of this is that today, the Senate Legislative Agenda has been significantly shaped by the vision not only to see a new Nigeria business environment that will rank as one of the highest in Africa but will also become the envy and the blueprint for many other African countries. Amakhu is Senior Special Assistant to President of the Senate

DOUBT OF THE BENEFIT Simeon Nwakaudu argues the meeting between INEC and the Rivers State APC leaders is not altruistic

hen Governor Nyesom Ezenwo Wike on July 21, 2016, alerted the country of a secret meeting between the Independent National Electoral Commission (INEC) National Chairman Prof. Mamood Yakubu and the Rivers State APC Chairman, Davies Ikanya and Senator Magnus Abe on the forthcoming rerun elections in Rivers State, Rivers APC officials vehemently denied that no such meeting took place. Despite the official denial, the INEC has admitted that the meeting actually took place, confirming that Rivers State APC true to their nature lied about the questionable meeting. INEC in trying to justify the unfortunate incident described it as “routine”. In an interview with the News Agency of Nigeria, Mr. Nick Dazang, Deputy Director, Voter Education and Publicity, INEC, said on Friday that the meeting actually held. He said that it was INEC’s policy to meet with leadership of political parties involved in elections. “The INEC Chairman with three National Commissioners and two directors met with a delegation of the APC led by its Deputy National Chairman. The meeting was routine and was earlier requested by the leadership of that party,” said Dazang.

The discordant tunes by the two groups at the secret meeting at the office of the INEC chairman made the entire issue quite suspicious. There is no level of explanation that would justify a referee holding a closed door meeting with one team before a crucial match. This is more worrisome because the Rivers APC had formally requested that the July 30, 2016 rerun elections be postponed on grounds of security challenges. A few days after that request, the INEC office in Bori was set ablaze to give INEC the official reason to postpone the rerun elections. That the arson in Bori was planned by the Rivers APC can be gleaned from the report published by the APC’s official medium. It was obvious from the report filed from their Port Harcourt hatchet man that the party planned to bomb the office. It is most regrettable that Rivers APC and her media agents would go to the despicable length of pushing for the postponement of the rerun elections because of their fear of defeat. Those in Rivers State are aware that the APC is not campaigning in any constituency where the rerun will be held. I saw one of their explanations where they claimed that they have experienced the futility of campaigns, hence they have chosen to achieve victory through other sources. The only other source available would be to attempt

to rig the elections. This is what the people of the state have vowed to resist. They insist that every vote must count. For Governor Wike and the Peoples Democratic Party (PDP) the rerun elections must go on as scheduled. The people must be allowed to exercise their franchise and have their representatives at the national and state assemblies. Mr. Nyesom Wike has already visited the burnt INEC office where he made pro-people pronouncements. The Rivers State Government will rebuild the office, but in the interim, it would provide an alternative accommodation for INEC in Bori where it could conduct the rerun elections. Thankfully, no election materials were deposited at the office before the arson. Therefore, there is no reason for anyone to shift the date of the polls. “Those who burnt this office were not ready for the elections,” said Wike. “They don’t want INEC to conduct the elections because they know that they don’t have the chances of winning. They want to use the issue of security to justify the request for postponement. If not, INEC has not brought election materials to this office. What they have done is to scare INEC,” adding: “For us, we are not surprised. We know this is what they have planned to do.”

He advised INEC not to be deterred by the arson and urged the commission to go ahead with the elections as scheduled. The governor directed the security agencies to fish out the perpetrators of the crime and further advised politicians not to see elections as a do or die affair, but must submit themselves to the will of the people. He said: “We will make sure that this does not dampen the spirit of INEC. I have directed the caretaker committee chairman of the local government area to immediately rebuild the burnt office”. I am surprised that the Rivers APC has continued to promote rigging as an alternative. Each time Governor Wike preaches against rigging, they start throwing tantrums. Rather than apologise to the people for wasting N3 trillion in eight years and taking concrete steps to show practical remorse, the party has continued to grandstand in the vain hope that they will be forgiven. Rigging elections has no place in the political equation of Rivers State. Those who plot to rig must first consider the consequences before engaging in the venture. Nwakaudu is Special Assistant to the Rivers State Governor on Electronic media

T H I S D AY • TUESDAY, JULY 26, 2016

EDITORIAL PRESERVING INDIGENOUS LANGUAGES Government should institute an intervention programme that will facilitate the learning and teaching of indigenous languages in our institutions

ith our national preference for English as the official language of communication, the learning, teaching and use of indigenous languages in Nigeria are almost extinct. Yet, this has nothing but dire consequences for the country because as our indigenous languages face extinction, so are other aspects of our culture, including history, traditions and values. One of the ominous signs of danger today is the incremental loss of our rich arts forms, particular in music, dance and fashion as our youths have taken to the Western genre, threatening our cultural identity as African people. In the meantime, several studies have shown a relationship between level of development and language with the attendant result that those countries that use their indigenous languages, called Mother Tongue, as their lingual franca have a faster rate of development than those that use a second (foreign) language. The reason is that people learn and comprehend best in their indigenous language since it is ingrained SINCE EMBEDDED IN OUR in their blood. For INDIGENOUS LANGUAGES instance, countries like IS OUR RICH CULTURE, China, Japan, Taiwan HISTORY, TRADITIONS AND and South Africa that VALUES, GOVERNMENT use mother tongue MUST TAKE DELIBERATE to teach science and STEPS TO PROTECT THEM technology are higher BY ENFORCING THE on the United Nations NATIONAL POLICY ON Human Development EDUCATION Index than Nigeria and others that use foreign languages. Long before the intervention by the United Nations Educational Scientific and Cultural Organisation (UNESCO) on the promotion of indigenous languages, the federal government had shown concerns for the plight of Nigerian languages when it sought to encourage their teaching and learning in our schools under the national policy on education. Section 1 (8) of the policy emphasises that “the Federal Government shall take official interest in, and make policy pronouncements on the teaching of the

Letters to the Editor

indigenous languages, instead of concerning itself solely with English Language’’. Accordingly, the policy stipulates that every pupil must in the course of primary school education (which lasts six years), study two languages, namely, his/her mother tongue, if available for study, or any other indigenous language of wider communication in his/her area of domicile alongside English Language.

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FCT AND THE RURAL DWELLERS

hose who described themselves as the original indigenes of Abuja, Nigeria’s capital city, have had occasions to complain about their perceived and real neglect by the government. Before the ‘discovery’ of Abuja territory by the federal government, the inhabitants were predominantly Gwaris, whose major occupation was farming. They engaged in planting arable crops, chief among which were yams, onions, millet, garden eggs, potatoes and vegetables, among others. Abuja which is centrally located shares boundary with Niger, Kogi, Kaduna and Nasarawa States. The city is seen as the pride of the nation, steadily growing to have a place in the World map as one of the most beautifully planned modern cities in the world. But there is a growing concern that it is only Abuja central that has been attracting government’s attention to the detriment of its suburbs occupied by the less privileged and the ‘original’ settlers. Today a first time visitor to Abuja will feel as if he is in another planet, quite different from what is obtained in other areas of Nigeria. A story was told by a friend whose family visited him in Abuja last year for a month-long holiday. When the vacation was over and his wife and two

he policy also requires that students in Junior Secondary School (JSS), (which is of three-year duration) must study three languages, namely, mother tongue, if available for study, or an indigenous language of wider communication in his/her area of domicile, alongside one of the three major indigenous languages in the country, namely, Hausa, Igbo, and Yoruba, provided the language chosen is distinct from the child’s mother-tongue. In Senior Secondary School (SSS), which also lasts three years, a Nigerian child, according to the policy, must study two languages: an indigenous language and English Language. However, there have been challenges implementing this policy. Many schools are unable to offer these indigenous languages because of lack of teachers, a cumulative effect of several years of indifference. Obviously, the policymakers were aware of this acute shortfall when they used the phrase “if available for study” in the policy. This optional nature of the policy undermines its implementation. Since embedded in our indigenous languages is our rich culture, history, traditions, and values, government must take deliberate and concrete steps to protect them by enforcing the national policy on education with regard to learning and teaching of mother tongue. That must be the starting point because education is the base of the future of every society. We therefore urge the federal government to institute an intervention programme that will facilitate the learning and teaching of indigenous languages in our training and tertiary institutions with a view to producing teachers that would not only fill up the gap but would help in developing those languages to their fullest potential. It should also produce a definite format for all states to follow in the implementation of the national policy on education with regard to mother tongue.

kids were to return, the baby of the house, a child of about seven years, was weeping profusely, insisting that he was not going back to “Nigeria”. The naïve and juvenile mind thought that Abuja was not part of Nigeria and that Enugu where they lived is Nigeria. Puerile as the thinking of the child, it depicts the uneven development of Nigeria. This might be what was in the mind of the new FCT Minister, Mallam Muhammed Musa Bello when he said he would embark on community development programmes, so that not only the people living in the core city of Abuja will enjoy the good life, but all those living within the Federal Capital Territory will feel and enjoy modern facilit ies. Recently, some corps members serving in FCT completed the drilling of boreholes at Bamgbam community as part of their community development programme to assist government in its water projects for the rural dwellers. Under the aegis of Monday Environmental Sanitation Community Development Group, the corps members said the choice of Bamgbam community along Airport Road was to contribute their quota to the FCT ministry’s strong resolve to see to the collective transformation and prosperity of the people living within the territory. Jamila Musa, Abuja

“

BUHARI BELONGS TO SOMEBODY

I belong to everybody, I belong to nobody.” That was the statement on marble credited to President Muhammadu Buhari on the day of his inauguration on May 29, 2015. With that statement, among other highlights, the nation that was on reverse-gear and in a state of despondency had her hopes rekindled: that tomorrow would be better. But some of us with the eyes of the spirit by God’s grace, refused to be cajoled by that statement. The contents of our rejoinder titled “President Buhari Belongs to Somebody”, widely published online and national newspapers said it all. In that article, we debunked that particular statement and remarked that the president actually belongs to the North (especially the Hausa/ Fulani) where he hails from and his party - the All Progressives Congress (APC). Although this writer is also a supporter of President Buhari, but definitely not a blind follower. I belong to a section of supporters who still have their eyes wide open and regularly points out the pitfalls that the new administration may not be conscious off. And true to the prophetic insight, the president has started to come up with his sets of appointments which clearly showed where he belongs - the North. President Buhari has rattled everybody

including his party chieftains whom God used to work for his success at the presidential polls. The clear lopsidedness in the recent appointments into boards of parastatals and key sectors of the economy and the security apparatus has left no one in doubt of where President Buhari’s spirit, soul and body belong- the North - with particular reference to the Hausa/ Fulani. This unfolding scenario seems to have left the ruling party dumbfounded. No one is sure of the president’s next move. Not even his presumed chief advisers or handlers from the South- West could predict him. He has clearly shown to them that the statement during his inauguration was just a political statement to calm down the nerves of Nigerians and the tension in the land. And if anybody still chose to believe that statement, that person may still be living in a fool’s paradise. Despite all these shortcomings, a living dog is still better than a dead lion when this new administration is compared to the one that preceded it- with the economy comatose and corruption in high places. “For him that is joined to all the living, there is hope; for a living dog is better that a dead lion”. Ecclesiastes 9:4, KJV Gbemiga Olakunle, JP General Secretary, National Prayer Movement

T H I S D AY • TUESDAY, JULY 26, 2016

POLITICS

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

EXECUTIVE BRIEFING

The Abia Debacle and Unanswered Questions The one question the judgment of Justice Okon Abang of the Federal High Court, Abuja, which sacked Governor Okezie Ikpeazu of Abia State, has raised is whether a person whose name was not on the ballot for an election, campaigned or voted for can be declared governor, Davidson Iriekpen asks

Ikpeazu...insists on right and wants mandate retained

n interesting twist was last week added to the ongoing governorship crisis rocking Abia State, when the All Progressives Grand Alliance (APGA) asked that its candidate in the 2015 general election, Mr. Alex Otti, be declared governor of the state instead of Mr. Uche Ogah. The party in a statement by its state Chairman, Mr. Augustine Ehiemere, said it would only be fair that its candidate is declared the rightful governor “since there is no record anywhere to show that Ogah won the primary of his party, the Peoples Democratic Party (PDP), let alone take part in all the stages of the last governorship election in the state. Justice Okon Abang had on Monday, June 27, 2016, sacked Governor Okezie Ikpeazu from office. The court declared that he did not possess the requisite qualification to contest the election as governor because he failed to furnish the court with credible evidence of payment of taxes to the Abia State Government. The judge, who predicated his judgment on section 24 (1) (f) of the 1999 Constitution and the Electoral Act, said the governor did not qualify to contest the election ab initio and PDP was wrong to have presented him as a candidate in the first place. On these grounds, he consequently directed the Independent National Electoral Commission (INEC) to issue a certificate of return to Ogah, who came second in the PDP governorship primary election. Ikpeazu as the candidate of the PDP in the April 11, governorship election scored the highest number of votes and consequently declared the duly elected governor of Abia State by INEC, while Otti as the APGA candidate scored the second highest number of votes. Sensing that the tussle could lead to the re-enactment of the Chibuike Amaechi and Celestine Omehia scenario in the state, APGA said the declaration oh Ogar as the governor by a Federal High Court in Abuja was strange and alien to the law. In the famous Amaechi and Omehia case which till date has baffled political and legal pundits, Justice George Oguntade of the Supreme Court declared Rotimi Chibuike Amaechi, whose name was not on the ballot for the election or campaigned let alone voted for as the duly elected Governor of Rivers State. The Supreme Court, in its wisdom, held that the mandate belonged to the political party and having determined that he was the right-

Ogah...wants the incumbent sacked

ful candidate of the PDP that won the 2007 governorship elections in the state, it ordered that he be sworn in as governor. That singular judgment led to the amendment of the nation’s Electoral Act and the inclusion of a sub-section, which holds that no individual shall be deemed to have won an election if he did not stand for election into that particular office in Nigeria. In APGA’s argument, if Justice Abang was leveraging on the Supreme Court decision in Amaechi’s case, whereby Omehia was asked to surrender his mandate to Amaechi, as governor of Rivers State, he got it all wrong. To the party, the difference in the two cases is that Amaechi

The Supreme Court, in its wisdom, held that the mandate belonged to the political party and having determined that he was the rightful candidate of the PDP that won the 2007 governorship elections in the state, it ordered that he be sworn in as governor…That singular judgment led to the amendment of the nation’s Electoral Act and the inclusion of a sub-section, which holds that no individual shall be deemed to have won an election if he did not stand for election into that particular office in Nigeria

Otti...wants the incument and Ogah disqualified

won the PDP governorship primary fair and square, unlike in this case, where Ogar came second, behind Ikpeazu. Therefore, Ogar was not the choice of the party neither was he the person duly declared governor by INEC and so, cannot be the choice of the court, against the wish of Abia people. According to it, “Our humble demand that the appellate court while upholding the Ikpeazu guilty verdict corrects this huge error by issuing the right order which is to declare the candidate that scored the highest lawful votes, the APGA candidate, Alex Otti the governor, as he did not only meet all the constitutional requirements and vote spread across the state, but even won more local governments than the sacked Ikpeazu. This is an incontrovertible fact.” The statement also disclosed that “APGA and her candidate were excluded from the Aba North House of Assembly rerun after its House of Assembly candidate was removed for allegedly tendering a forged certificate. This was sequel to a petition filed against APGA by PDP after the 2015 House of Assembly election. We do not believe that PDP should gain from APGA’s failure and turn back to reap from its own failure in the same state because the law is not selective. “As we hold firm to these demands, and expect justice in the end, we unequivocally condemn the recent atmosphere of chaos, insecurity, and uncertainty created in the state as a result of the recent judgment.” APGA, in the statement, reiterated that it “received with mixed feelings of approval and disapproval, the judgment of Justice Okon Abang of the Federal High Court in Abuja, which sacked Ikpeazu as governor of Abia State for tax related crime and declared Ogah as the governor. “First, we commend the judiciary, and specifically Justice Abang for upholding the sanctity of our law, which frowns at such heinous crime that retards our economic development, and also for deepening our democratic institution which can only thrive and survive, when those who seek to preside over public offices are made to recognise and respect the demands of such offices by being responsible. “Ordinarily, the judgment ought not to have come to any one as a surprise, first, going by the alarming and below standard falsification, distortion, contradiction, inconsistencies, and inaccuracies seen on the tax documents. “And secondly, after the Supreme Court

deservedly dismissed the no-case submission earlier brought by the accused and directed for the commencement of his trial, which has yielded the expected result, this is a commendable red card that serves as a warning to economic saboteurs, and a deterrent to other apostles of impunity. “However, we humbly disagree with the consequential order by the court, which directed for the swearing in of Ogah as the governor. This order which we consider a huge error is not only unacceptable to APGA, but untenable in Nigeria’s 2010 Electoral Act as amended, which forbids any person that did not take part in all the stages of an election from being declared winner. “Alternatively, the court should order a rerun election that would exclude the PDP and their candidate the way it has been done in some states including Kogi, where the elections of two out of the three APC Senators and some House of Representatives members were nullified by both High and Appeal courts because they were ab initio improperly nominated, thus they and their party, the APC were excluded in all the reruns. “Finally, we demand that all gladiators take a cue from our candidate and the man millions of Abians unanimously believe won the governorship election, Dr. Alex Otti, whose peaceful mien in the face of senseless attacks and adherence to constitutionality before, during, and after the elections saved Abia from being plunged into anarchy, by being responsible and await the decision of the courts in the whole matter.” Indeed, when the Supreme Court delivered judgment in the famous Amaechi-Omehia case, a cross section of Nigerians could not believe what they heard. The questions that readily came to mind were: why would a person who did not participate in an election be declared governor? Why was the entire process not cancelled and a fresh election ordered? What happens to other political parties and their candidates who participated in the election? These, of course, necessitated the amendment of the Electoral Act 2010. But with the judgment of Justice Abang, it seems there was no lesson learnt from that experience. While Ikpeazu has rightly appealed the judgment of Justice Abang, Nigerians are waiting to hear what the appellate court would decide on the case. On the part of APGA, it is anxiously waiting to see what becomes of the thousands of votes given to its candidate in the election.

T H I S D AY • TUESDAY, JULY 26, 2016

UPDATE & TRENDING

Kogi East Re-run Polls Yield to Predictions The result declared by the Independent National Electoral Commission in the re-run polls for the Kogi East senatorial district and two state House of Assembly seats held at the weekend was just as predicted. Yekini Jimoh reports

Alfa...the authentic PDP candidate

he people of Kogi East senatorial district of Kogi State on Saturday, July 23 filed out again to elect their Senator and state House of Assembly representatives. There had been a series of appeals from stakeholders in Kogi East, asking the National Chairman of the Independent National Electoral Commission (INEC) to come forward and conduct the pending re-run elections. One of such group was the Igala/Bassa Consultative Forum, which noted that one year into the life of the present administration they were yet to have representatives in the Senate and two House of Assembly seats. According to the group, the people were already getting agitated, restive and apprehensive. But after series of legal tussles, a former Senator from Kogi East, Senator Attai Aidoko of the Peoples Democratic Party (PDP) was disqualified from contesting the coming re-run election by the Federal High Court sitting in Abuja and confirmed Air Marshal Isac Alfa as the authentic candidate of the PDP. Challenging irregularities such as ballot scattering and the disruption of counting process during the PDP primary on December 7, 2014 at Idah in which Senator Attai Aidoko was purportedly issued with a certificate of return, Alfa approached the Federal High Court in Abuja, and asked that the court declare him winner of the primary election, having polled the highest number of votes. Thus, in his judgment delivered on May 2016, Justice Nnamdi Dimgba declared Alfa as the winner of the PDP senatorial primary for Kogi East held on December 7, 2014. By the judgment, therefore, Alfa became the PDP candidate in the rerun poll and by implication, to enjoy the votes cast in favour of the PDP in the first rerun election held in February, 2016. Indeed, Alfa went on to win the polls as predicted by political observers as there was literally nothing standing in his way. The All Progressives Congress (APC) on the

Aidoko...the disqualified PDP candidate

other hand did not participate in the election following the disqualification of its candidate, Alhaji Abubakar Muhammed by a Federal High Court sitting in Abuja. During the Senatorial election, Muhammed won the election but was challenged by Senator Attai Aidoko at the Federal High Court, which led to his disqualification as Senator-elect from Kogi East. With this development, the PDP had already looked set to win the re-run election as other political parties such as Allied Congress Party of Nigeria (ACPN), KOWA Party, Labour Party (LP), Mega Progressive Peoples Party (MPPP) and United Progressive Party (UPP) were not positioned to defeat the PDP in the election as many have observed and their prediction came to pass. INEC declared Alfa winner of the election. INEC, on its part too, had also worked round the clock to ensure that the election was successful as no fewer than 1,390 ad hoc members of staff were prepared for the elections. The Resident Electoral Commissioner, Mr. Samuel Usman, who disclosed this while briefing newsmen noted had that after due consultations with relevant stakeholders both at the state and national levels on the conditions precedent to the peaceful election in the zone, and based on the outcome of these meetings/consultations, July 23, 2016 had been fixed for the elections. According to him, local government areas involved in the elections were Ankpa, Bassa, Dekina, Ibaji and Idah, Igalamela/Odolu, Ofu and Olamaboro, stressing that the state constituency re-run elections would be conducted in 1 Polling Unit out of 89 (PU 003) in Idah while in Ofu, election would be conducted in 79 Polling Units out of 129. The REC, however, assured the electorate that the lessons learnt from the previous exercises would be used in raising the bar during this Saturday’s elections, saying he would also continue to encourage participation in the electoral process as the present Commission

was poised to meet the global best practices. He warned that no permanent voters cards (PVCs), no voting, saying anybody who had no business with the process should steer clear of the Polling and Collation Centers. “Security agencies have collectively vowed to secure the election and would deal decisively with hoodlums, who would disrupt the process,” he warned. He also called for the cooperation and appealed

With this development, the PDP had already looked set to win the re-run election as other political parties such as Allied Congress Party of Nigeria (ACPN), KOWA Party, Labour Party (LP), Mega Progressive Peoples Party (MPPP) and United Progressive Party (UPP) were not positioned to defeat the PDP in the election as many have observed and their prediction came to pass. INEC declared Alfa winner of the election

that members of the public should be highly informed to conduct themselves before, during and after this exercise and take precautions in order to avoid a repetition of violence and disruption of the process. In order to have violence-free elections, the REC also appealed to traditional rulers and other stakeholders in the area to preach the message of peace to their subjects before, during and after the poll. He said he would appeal to His Royal Majesty, Attah Igala to mediate between the contenders and their supporters in order to achieve a hitch-free poll. “We intend to pay a courtesy call to His Royal Majesty, Attah Igala to solicit his fatherly support and to speak with his subjects and if possible, appeal to the contestants to comport themselves in order to conclude the election peacefully,” he said. On the matter of PDP’s authentic candidate, he declared that the rightful candidate of the PDP was Alfa. REC Samuel Madaki said INEC would rely on the last court judgment, which recognised Alfa unless the commission was instructed otherwise by another court of competent jurisdiction. He disclosed that there had been various cases in which INEC had to substitute candidates of some parties on the order of court even when elections were very close, saying INEC as a creation of the law would not violate any court ruling. “INEC is guided by the latest court judgment. The person that the court directed us to recognise on the platform of the PDP is AVM Isaac Alfa. He is the candidate for the PDP unless otherwise,” he stressed. And, at the end of the day, Alfa, who flew the PDP flag, won the election, expectedly with the other big guns cleared off his way. Of course, the fringe parties were just on the ballot to fulfill all righteousness as all indications had shown that Alfa, having reaped the votes cast for the PDP in the previous rerun, was in a vantage position to emerge Kogi East Senator.

TUESDAY, JULY 26, 2016 • T H I S D AY

FEATURES

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

PINE: Revamping Infrastructure in Adamawa The Presidential Initiative for North East has rehabilitated primary schools and police stations destroyed by Boko Haram insurgents across the seven local government areas of Adamawa State, writes Daji Sani

Kopa Central Primary School in Madagali LGA

he Boko Haram insurgency was tagged one of the deadliest extremist armed groups in the world by the Global Terrorist Index 2015, and the Human Rights Watch research, has also estimated that about 10,000 civilians died in Nigeria since the group began its attacks in 2009. However, the story is not the same today as the insurgency have been degraded by the military and all the affected local government areas particularly in Adamawa State have been liberated from the grip of the insurgents in the North-east region of the country.

Buhari...matching his words with actions

Over 17 police stations destroyed by the insurgents have also been rebuilt in the seven LGAs affected by the insurgency and farming and socioeconomic activities are on as the people now enjoy the return of normalcy in these areas

The Boko Haram's incessant onslaughts on these communities have affected every strata of life in the North-east, particularly education, which has become the fault line of the conflict. Boko Haram, whose name in Hausa, the dominant language in northern Nigeria, means “Western education is forbidden,” has targeted and killed teachers, education workers and students and security personnel. Research has shown that at least 611 teachers have been deliberately killed and 19,000 of them have been forced to flee the troubled areas since 2009. More than 2,000 people, many of them female, including school girls have been abducted by the insurgents since the beginning of the crisis. Thousands more students and teachers

have been injured, some in deadly suicide bombs attacks and about 910 schools were completely destroyed by the Boko Haram insurgency while about 1,500 schools were forced to close. By early 2016, an estimated 952,029 school-age children had fled the violence. They have little or no access to education, likely blighting their future for years to come. On this premise, stakeholders have always called for the rebuilding of educational system and civil authorities destroyed by the insurgency in the North-east when they held sway particularly in the seven Local Government Areas of Adamawa State. They had argued that now that the seven local government areas namely Madagali, Michika, Hong, Gombi, Mahia, Mubi Sourth and Mubi North have since been liberated, there was dire need for federal government presence in those affected areas especially education and the basic necessities of life. These reasons informed the current efforts of President Muhammadu Buhari’s administration to answer the calls and agitations of the stakeholders and the masses by establishing the Presidential Initiative for North East (PINE) which is placed under the supervision of the Secretary to the Government of the Federation (SGF), Engr. Babachir David Lawal, who hails from the troubled region. PINE is saddle with the responsibility of rebuilding, rehabilitating and reconciling of the North-east ravaged by the Boko Haram insurgency. The initiative's first phase of development in the region was to rebuild schools and police stations completely touched by the insurgency across the seven affected local government areas of Adamawa State. The Senior Special Assistant to President Muhammadu Buhari on Policy Development and Analysis, Alhaji Ibrahim Bapetel told THISDAY in Yola that the first phase of the rebuilding by PINE was to rebuild the educational system which is the bedrock of

every society and rebuild police stations so as reestablish the civil authority destroyed with the aim of maintaining law and order in the affected areas. When THISDAY visited all the seven local Government areas affected by insurgency in Adamawa, it discovered that in Madagali Local Government Area close to Sambisa forest which share boundaries with Gwoza Town in Borno State, the presidential initiative built 13 blocks of classrooms with one upstairs, staff offices and VIP toilets in Gulak Central Primary Schools, a suburb of Madagali. Kopa Central Primary School, Shuwa Central Primary School and Duwala Primary School in Madagali LGA have been built and furnished for Madagali Town, the administrative headquarters of Madagali LGA. But not all the primary schools have been rebuilt because of the insecurity challenges in the area which forced contractors to suspend work. While in Michika town all the primary and secondary schools touched by the insurgency have been rebuilt by PINE except for few in some villages of Michika. The Headmaster Central Primary School in Michika, Mallam Adamu Damba told THISDAY in his office that the Federal Government has brought back the glory of primary and secondary schools in Michika. Damba said the presidential initiative did not only rebuild the schools but equipped them with computers and furnished their classrooms and staff rooms with modern chairs and tables adding that they were not having writing materials but PINE came to their rescue. "Our school and many other schools and even worship centres were completely destroyed by these boys when they took over Michika but thank God for the intervention of the federal and state governments who had earlier built two blocks of classrooms before the Presidential Initiative for North East came to rebuild the remaining classrooms

• T H I S D AY TUESDAY, JULY 26, 2016

FEATURES and staff offices and equipped them with computers," he said He lauded the infrastructural development of the Federal Government on schools and police stations and opined that more needed to be done, as he appealed to the Federal Government to build their bridges that were destroyed by the Boko Haram terrorists three years ago. "I am using this opportunity to appeal to President Buhari to rebuild our bridges destroyed by the insurgency for three years now," he said. According to Damba, due to the attacks on schools, the enrollment is poor and teachers are not turning up for classes due to lack of payment of their salaries for months. "We have beautiful buildings without teachers to teach the pupils due to non-payment of the teachers’ salaries," he said Pupils of Hausari, Yaskule, Jiddel and Tghimi primary schools in Michika LGA told THISDAY in their various schools that they were appreciative of the fact that the Federal Government was concerned about their plight and wish that the government would secure the lives and property and wipe out completely the Boko Haram insurgency. A pupil that spoke to THISDAY who simply identified himself as Aminu broke into tears while speaking as he lamented that he lost his best friend to the insurgents. He noted that many of his colleagues were yet to return from where they fled to during the peak of the onslaught of the Boko Haram terrorists. Aminu who is about 12 years old said nobody knows whether the other pupils that are yet to return were killed or alive and decided to live somewhere safer with their parents. He said many of them lost their parents to the insurgency and some died of excessive hunger. "The day the insurgents entered Michika, I was lucky we escaped with my parents through the bush and we had to trek a whole day without food before we got help from my father’s friend who my father called on the phone to come and assist us to Yola, the state capital," Aminu said. THISDAY also visited Mubi, Mahia, Hong and Gombi LGAs and discovered that almost all primary and secondary schools have been rebuilt. They include schools like Uba Central Primariy School, Fadama Rake Primary and Kala'a Primary in Hong, Islamiya Primary and Secondary Schools, Garkida North Primary School in Gombi LGA, Mubi Kwarahi A and Kwarahi B Primary and Secondary Schools and Mahia. Over 17 police stations destroyed by the insurgents have also been rebuilt in the seven LGAs affected by the insurgency and farming and socio-economic activities are on as the people now enjoy the return of normalcy in these areas. At the flag-off of distribution of empowerment materials , such as block moulding machines, generators, home grinding machines, grains grinding machines, sewing machines, KEKE NAPEP and tricycle known as Yellow and Carry Go. The Senior Special Assistant to President Muhammadu Buhari on Policy Development and Analysis, Bapetel who represented the SGF told journalists in Yola that these empowerment items are going to be distributed to the seven LGAs affected by insurgency. He pleaded with the people affected by the insurgency to be patient because the Federal Government according to him, was doing everything possible to address their plight adding that the items were meant to assist and reduce hardship and suffering occasioned by insurgents attacks on them. In another flag-off of distribution of food and non-food items such as zinc, cements, mattresses, blankets, wrappers, yards, mosquito nets, buckets and detergent in Yola, Bapetel said the gesture was to help individuals to rebuild their houses destroyed by the insurgency and to provide food and some basic necessities of life to returnees. He said PINE would continue to do more for the people affected by the insurgency by supplying more food and non- food items. Kawo Sabon who spoke on behalf of those who benefited from Michika, whose block industry was destroyed by the insurgents, pledged that those that benefitted from the Federal Government intervention programme would put them into good use. Sabon said he can now go back to his

Suwa Central Primary School in Madagali LGA

Kala'a' Primary and Secondary Schools in Hong LGA

Central Primary and Secondary School in Michika

business of moulding blocks for sale because he was given a moulding machine while others got grains grinding machines. Em-

Central Police Station in Michika

manuel Afkari one of the beneficiary from Madagali LGA, Ali Bako from Mubi, Maliki John and Ibrahim Abba Goni from Gombi

and many others that benefitted from the empowerment programme, thaanked the Federal Government for coming to their rescue.

IMAGES

L-R: Vice President, Institute of Chartered Secretary and Administrators of Nigeria (ICSAN), Mr. Samuel Kolawole; President, Mr. Nat Ofo and the Institute Registrar, Mrs. Nkechi Onyenso, at a Press Conference to announce the 50th anniversary of ICSAN, in Lagos, recently… SUNDAY ADIGUN

L-R: Special Adviser to the Governor on Civic Engagement, Mr. Kehinde Joseph; Permanent Secretary, Lagos State Ministry of Economic Planning and Budget, Mr. Yomi Kadir, both presenting GCE Form to a student, Saka Moshood Opeyemi, during the distribution of GCE forms to promising Youths of Epe division, by the Renaissance group of Epe, at the council secretariat, Epe Lagos….recently KOLA OLASUPO

T H I S D AY • TUESDAY, JULY 26, 2016

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

L-R: Sales Manager, West and Central Africa, BiC, Mr. Guillaume Groues; Director, CFAO-FMCG Africa, Mr. Jean-Francois Sonder; Managing Director, CFAO/NIPEN Plc, Mr. Regis Tromeur and the Marketing Manager, West and Central Africa, BiC, Mr. Oumar Dihalo, during the inauguration of BiC Cristal Ultra Fine Ball-Point pen, in Lagos…...recently

L-R: Director, MTN Foundation, Mr. Dennis Okoro; Human Resources and Corporate Service Executive, MTN Nigeria, Mrs. Amina Oyagbola; Wife of the Lagos State Governor, Mrs. Bolanle Ambode; a hearing aid support project beneficiaries, Esther Eniabioye and the Special Adviser to the Governor on Primary Health Care, Dr. Olufemi Onanuga, during the distribution ceremony of the hearing aid support projects, in Lagos….recently

L-R: Wife of the Lagos State Governor, Mrs. Bolanle Amobode; Sole Administrator, Ikeja Local Government, Mr. Abiodun Taiwo and the Group Managing Director, Masters Reality International Concepts Limited, Mr. Lai Omotola, during the official opening of the New Alade Market, Ikeja Lagos……recently KOLA OLASUPO

Managing Director, Airtel Nigeria, Mr, Segun Ogunsanya (right), with the Commissioner for Commerce and industry, Ogun State, Otunba Bimbo Ashiru, during the Breakfast Meeting with the Governor for the private sector organised by the Ministry, at the government house, Abeokuta….recently

L-R: Oforbuike Okoli; Ezinne J.N Okoli (Mother of Celebrant); Rev Father. Jerry Okofor; Obi Okoli (Celebrant) and Chief Nwokeabia Okoli (Celebrant Uncle), after Obi Okoli’s birthday thanksgiving mass, at St. Patrick Parish Catholic Church, Nawfija......recently

L-R: Head, Marketing, Dufil Prima Foods Plc, Girish Sharma; Managing Director, Noahs Ark Communications, Lanre Adisa and the Brand Manager, Dufil Prima Foods Plc, Amber Yadav, during a open house party, at the company’s new office, Ikeja GRA, recently……. SUNDAY ADIGUN

T H I S D AY • TUESDAY, JULY 26, 2016

BUSINESSWORLD

ENERGY

Sustaining Local Capacity in Oil and Gas Sector Ejiofor Alike writes on the need for the administration to sustain the significant growth in capacity building witnessed in the last few years in Nigeria’s oil and gas industry

Egina FPSO (to be integrated in Nigeria)

espite the plethora of challenges facing Nigeria’s oil and gas sector, indigenous manpower and facilities have recorded landmark achievements in the areas of building local capacity and capability since the past six years. Nigeria first began producing oil almost 60 years ago and is Africa’s largest oil producer. In spite of this, it is only recently that the country have begun to see local indigenous involvement in the upstream industry begin to blossom. Historically dominated by International Oil Companies (IOCs), the oil and gas industry in Nigeria has over the last few years borne witness to an aggressive drive towards indigenous ownership in both the upstream and services segments. This development is crucial because after 60 years of producing oil domestically, it heralds the shift from international drivers of the oil and gas industry to indigenous players, for the first time driving the future of this critical sector. Growth of local capacity Prior to introduction of the Local Content Law, the absence of local capacity in the industry had resulted in repatriation of about 90 per cent of the $12 billion yearly industry spending abroad, with its adverse effects on job creation and the growth of the economy. This stemmed from the fact that the wider scope of the industry’s lucrative jobs was performed in foreign fabrication yards; while expatriate workforce dominated local strategic positions in the industry. Paucity of fund, absence of in-country capacity and inadequate manpower were identified as factors that denied the country the full benefits of her petroleum resources as only few indigenous facilities and manpower were involved in the oil and gas industry. While indigenous facilities and manpower were yearning for oil and gas industry jobs, foreign yards were flooded with jobs that ought to benefit Nigerians and the country’s economy. Even the attempt by the administration of former President Olusegun Obasanjo to halt this trend by introducing the local content policy in 2003 to compel the foreign operators in the industry to domicile certain percentage of their jobs in-country recorded very minimal success because of absence of legislation to drive the policy. The Obasanjo’s administration had positioned the country to attain a local content target of 70 per cent by 2010 but only less than 10 per cent was achieved because mere persuasion

adopted under the policy could not influence the International Oil Companies (IOCs) to key into the initiative. But since the Local Content Law was enacted, many indigenous professionals are increasingly building capacity and proving their mettle in the execution of major projects, while an increasing number of multinational players have also been compelled by the legislation to domicile certain scope of their operations in-country. With Nigerians developing competence in jobs that were the exclusive preserve of expatriates before the legislation was put in place, the scope of oil and gas industry jobs, which were executed outside the shores of Nigeria, are now being performed by Nigerians and in Nigeria. For instance, Lagos Deep Offshore Logistics Base (LADOL) has completed the facility for the integration of Floating Production Storage Offloading (FPSO) vessel in Nigeria, the first of its kind in Africa. Nigerdock has also built offshore living quarters in Nigeria, the first of its kind in Africa. The implication of these giant strides is that what is being fabricated outside Nigeria will now be fabricated inside Nigeria and even other countries will bring vessels and orders to Nigeria for fabrication and assembling. These efforts have led to the retention of a large chunk of the industry expenditure incountry, with the attendant positive impact on employment generation and growth of Gross Domestic Product (GDP). In the area of exploration and exploitation of hydrocarbons, Nigerian independent exploration and production (E &P) companies, which were restricted to marginal assets before the Act was enacted, now have access to larger acreages, due to the divestment of onshore assets by the IOCs to boost indigenous participation in the industry. From marginal field producers, Nigerian independent companies are now operators of bigger acreages, following the wave of asset divestments by the IOCs in recent years. Shell Petroleum Development Company (SPDC) in 2010 opened the floodgates of assets sale by the IOCs when it announced the transfer of its 30 per cent interest in Oil Mining Leases (OMLs) 4, 38 and 41 to Seplat Petroleum Development Company. Total with 10 per cent and Eni with five per cent subsequently sold their stakes in the three leases to Seplat, thus raising the operator’s equity to 45 per cent. In 2011, Neconde Energy paid $585 million to Shell, Total and Eni to acquire their 45

per cent stake in OML 42. Shoreline Energy Resources paid $850 million to Shell and its partners for their 45 per cent stake in OML 30; Eland Oil paid $154 million for Shell, Total and Eni’s 45 per cent stake in OML 40; ND Western paid $600 million for OML 34; while First Hydrocarbon Nigeria, partly owned by Afren paid $98 million to acquire Shell’s 30 per cent interest in OML 26. NNPC retained 55 per cent in the eight OMLs, which it later transferred to its producing arm, the Nigerian Petroleum Development Company (NPDC) between 2010 and 2011 at a cost of $1.8 billion. Today, the African indigenous private sector is no longer content to be minority partners. A rapidly growing group of indigenous companies now have the financial resources and technical competence to own and operate assets independently. These indigenous companies are not content to simply own the assets and earn the profits from inherited production. They have plans to grow these assets, acquire more assets and to use that production to develop a wave of mid-stream and downstream solutions to address one of Africa’s most intractable problems. More than funding is required But while progress has been made, and Nigeria’s share of ownership in upstream production has been enhanced significantly, the key to long term sustainability lies in the establishment of a more fundamental asset, human capital. The support of domestic banks is undoubtedly important to upstream companies and oil services contractors in order to assist expansion, the establishment of the underlying human and technical capacity is what will drive true long term change. Nigeria has recorded some measure of success in this light with the existing pool of brilliant engineers and executives; but they are simply not enough of them. Education is the greatest weapon to fill the deficit in indigenous technical ability. Increased funding of universities and research institutes should be top priority in budgetary allocation. The government needs to provide adequate resources for the maintenance of decaying infrastructure, as well as address the various policies that have triggered the dearth of world class technical talent in the universities. All over the world, the development of technological advantage is recognised as a necessary pre-condition for economic growth and social progress. With the recent awaking of local content consciousness, the Nigerian National

Petroleum Corporation (NNPC) has to put in place a comprehensive Nigerian capacity building development strategy as the primary vehicle for actualising economic dividends from the oil and gas industry. The main thrust of building domestic human and technical capacity in the oil sector is to guarantee active participation of Nigerians in oil and gas activities without compromising standard in order to stimulate growth of indigenous capacity. The increasing role of indigenous firms in both the oil services and upstream sectors of the industry can only be successful if they have access to the human resources required. Knowledge and technology transfer by multinationals in the process of implementing contracts is no longer enough to give us what we need. Indigenous oil and gas firms in Nigeria have started to invest heavily in the development of technical human capacity. For example, Oriental Energy Resources has funded the re-accreditation of the University of Uyo’s Department of Petroleum and Chemical Engineering, and also recently trained 70 youths at seven Skill Acquisition Centres in Uyo, Oron, Eket and Ewang in Akwa Ibom state. Another example can be seen in Seven Energy, which recently pioneered the Graduate Engineer Training Programme in collaboration with the Nigerian Content Development and Monitoring Board (NCDMB). These approaches should be commended, but they must also be expanded, and supported more aggressively by the public sector. The current administration of President Muhammadu Buhari should galvanise support for the industry to think longer term and develop world class training centres in the Niger Delta and across Nigeria, dedicated to training the next generation of professionals and leaders in the sector. For any nation and indeed for Nigeria, capacity building is a long term continuous process in which all stakeholders participate. The private sector, whether multinationals or indigenous companies, cannot fill the gap that exists in the country’s universities on their own. The government must demonstrate the commitment required to re-position the universities as centres of technical excellence. To build their capacity and ensure that Nigeria develops a strong production line of world class engineers, technicians and executives. Without this, no matter what legislation is put in place, the country will rely on the expertise and resources of others to the detriment of our own growth and development.

T H I S D AY • TUESDAY, JULY26, 2016

BUSINESSWORLD

ENERGY

Curbing Incessant Electricity Accidents The recent electricity accident in Lugbe, an Abuja suburb, in which three persons died and several others were injured, has brought to fore the need for operators in Nigeria’s electricity industry to improve on safety, writes Chineme Okafor

Illegal electricity connections Few weeks ago, an indigenous community, Tudun Wada in the Lugbe axis of Abuja lost three of its residents to electrocution with several others injured when a conductor from a transformer snapped and passed unsafe electricity to their homes. Though the incident happened in the poorly planned settlement where resides under the right of way of two 330KV/132KV high voltage electricity transmission lines, it was however part of the growing trend of the pervasive poor culture of supply and use of electricity in Nigeria. Serviced by the Abuja electricity distribution company (Disco), Tudun Wada from investigations by THISDAY is badly connected to the Disco’s network. It has its electrical facilities loosely connected and hanging on metal roofing sheets of houses without earthings. According to experts, such practice can electrocute anybody in cases of electrical accidents. Also from inquiry, the community has like most informal settlements in the country consistently engaged in illegal connection of their homes, perhaps, without the knowledge of the Disco, and mostly through quack electricians whose acts were said to have amplified the accident’s casualties. While official investigations into the incident by both the Nigerian Electricity Regulatory Commission (NERC) and the Disco have commenced, the development again indicates that the country’s electricity industry may be failing in its mandatory compliance with safety regulations by the NERC. NERC’s safety regulation According to NERC, the Nigerian Electricity Health and Safety Code, which it signed into law in 2014, is a practical document formulated with best industry practices to achieve the standards of health and safety in the supply and use of electricity as required under Part III Sections 32 (1) (e) and 32(2) (b) of the Electric Power Sector Reform (EPSR) Act 2005. When the regulator launched the code, it said it was developed by an encompassing industry-wide panel under its leadership, after all regulatory

consultation processes as required by it to meet global energy industry’s best practice in safety. Membership of the panel, which drew up the safety code for the sector were drawn from the generation, transmission and distribution subsectors of the industry, as well as from the federal government’s ministries of power and justice and Licensed Electrical Contractors (LECAN) amongst others. NERC noted then that code applied to all its licensees and any such person in the electricity value chain who operates an electrical premises. It explained that such stakeholder had the responsibility of ensuring the health and safety of workers, equipment and the public in the circumstances described in this code, which include safe supply of electricity. The commission’s then chairman, Dr. Sam Amadi stated: “With the health safety code in place, it is expected that the industry operators will step-up the health and safety activities in their respective companies otherwise they will be faced with stringent penalties. From now on, electrocution cases will no longer be treated lightly.” He also explained that while the commission worked hard to ensure cost reflective tariffs to improve the funding and revenue stream of the utilities to provide world class services to customers, it will then be expected that the utilities will pay greater attention to the improvement of efficiency and safety of the network. Tudun Wada as a test case While it will be almost difficult to state the level of culpability of the Abuja Disco in the Tudun Wada accident, the fact remains that both the Disco and residents of the community may have to share blames perhaps for negligence of the danger that lurked ahead before the accident. As stated by community members shortly after the incident, the Disco had continued to supply electricity to the community and collected revenues from the almost 5,000 residents despite their poor connections. While community members engaged in illegal

connections to the network using substandard practices and quack electricians that were not under the employ of Abuja Disco, the Disco perhaps failed to recognise this as a legitimate ground to discontinue power supply to the area and guarantee safety. That perhaps could be part of the reasons that a regulatory sanction on it would be taken to drive home the point that it placed profit before the safety and lives of its customers, a practice NERC strongly frowns at. For the community, its decision to carry on with its routine practice of illegal and unhealthy connections speaks of how poorly they appreciate safe use of electricity. As narrated by a resident, Peter Ukoh, indiscriminate building and wiring of houses in the community means that even such accident would almost be impossible to overcome. Ukoh said the incident is almost predictable with the community’s wiring system. He said the Abuja Disco supplied them electricity and collected monthly income from bills issued to them despite the untidy installations. This he averred makes both parties guilty of negligence. “Worst still, the AEDC feeds power to the households and generates bills for the customers without cleaning up the network comprising poor cables and illegal connections,” Ukoh alleged. In this regard, the acting chairman of NERC, Dr. Anthony Akah, who also visited the community, said a team from the commission will undertake a detailed investigation to establish how the incident happened as well as come up with hands-on strategies against a possible repeat of such accident. The Abuja Disco also indicated that without interference with NERC’s investigation, it was going to conduct its own as part of its legally mandated accident reporting requirement. It said that it has collated information of the victims and taken over their medical bills, in addition to dispatching a team of eight men to investigate the accident. The Disco said preliminary reports from this team showed that an 11 Kilovolt (Kv) wire

from a transformer that supplied electricity to a section of the community snapped and fell on a metallic channel iron that sent high voltage to the residents who were electrocuted and injured. The company also noted that the team had visited victims of the accident who were admitted at its referral hospital, Cedar Crest in Apo area of Abuja, and the families of the three dead persons in line with its work. Its Director of Risk and Compliance, Mr. Collins Chabuka said the team was also cooperating with the regulatory bodies - NERC and the Nigeria Electricity Management Services Agency (NEMSA) in its investigations. “It is AEDC’s internal Health and Safety Policy requirements that all accidents are investigated by independent internal competent persons with industry background, competence and knowledge. The purpose of the investigations is to highlight the shortcomings that may have led to the incident and also to recommend industry best practice remedial measures to prevent a recurrence,” Chabuka said. Living under high voltage transmission lines and constant disregard to requests for safe use of electricity just the way Tudun Wada does is a common practice across Nigeria irrespective of repeated deaths recorded from this. Clearly, communities and consumers across Nigeria have overtime helped to aggravate incidences of electrical accidents either by failing to adhere strictly to warnings against unsafe use of electricity or malpractices in their connections to their networks, while Discos have on their parts often failed to effectively take the message to customers on the dangers of illegal connections; use of poor electrical equipment; and residing too close to electrical installations just the way Tudun Wada presently does. Until real measures are taken to ensure that safe supply and use of electricity is mutually practiced by operators and consumers, instances of electrical accidents in Nigeria may sadly continue to occur, thus putting the industry in clear disrepute before investors as one that is safety repulsive.

4/LAW REPORT

26.07.2016

Monies Accruing to a State in the Federation Account can be Subject to a Garnishee Order

t is an established principle of law as held by the Court of Appeal in the present appeal that monies accruing to a State in the Federation Account from its monthly share of Federal Revenue can be subject of a garnishee order against the Central Bank of Nigeria as debt that is due or accruing to the Judgment Debtor.

FACTS On the 1st March 2012, the High Court of the Federal Capital Territory (“trial court”) presided over by the Honourable Justice Chizoba N. Orji granted a Garnishee Order Nisi to the 1st set of Respondents (the “Judgement Creditors” or “1st Respondents”), against the Central Bank of Nigeria (“Garnishee” or the “Appellant”) in respect of any amount remaining in the accounts of Cross River State Government (the “Judgement Debtor”). At the Trial Court, the Appellant filed an Affidavit to Show Cause to the effect that neither the Judgment Debtor nor any of its agencies against whom the Judgment Creditors obtained judgment held accounts with the Appellant and therefore there was no money against which a garnishee order could be made. The Trial Court in making the Garnishee Order Absolute in favour of the 1st Respondents on the 28th of February 2013 held that the Appellant was attempting to rely on a technicality in making the argument that the Judgment Debtor held no account with it and that whatever was due to the Judgment Debtor in the Federation account can be subject to a Garnishee Order Absolute. The Appellant, being dissatisfied with the judgement of the trial court, appealed to the Court of Appeal by an amended notice of appeal filed on the 1st of July 2013. The Appellant in its Brief of argument formulated the following issues for determination which were subsequently adopted in the Respondents brief of argument; 1. Whether monies accruing to a state in the Federation account from its monthly share of Federal revenue can be subject of a garnishee order against the Central Bank 2. Whether the learned trial judge had jurisdiction to entertain the garnishee proceedings. The 1st Respondents on their part filed a Notice of Preliminary Objection (“PO”) on the grounds that grounds 3 and 4 of the Appellant’s Notice of Appeal (which the 2nd issue was formulated from) were fresh issues on jurisdiction not arising from the ruling of the trial court, and were therefore incompetent. It was further submitted that the Appellant required leave of Court to raise fresh issue of jurisdiction before the Court of Appeal. He relied on Order 7 Rule 6 of the Court of Appeal Rules, Section 24 of the Court of Appeal Act, 2010 and DEACON J. K. OSHATOBA & ANOTHER v JOHNSON OLUJITAN & ANR. (2000) SC.33/1994. In response to the PO, the Appellant submitted that the issue of jurisdiction can be raised at any point in time, even at the Supreme Court for the first time without leave of Court. He relied on OWNERS, M.V. GONGOLA HOPE & ANR v SMURFIT CASES NIG. LTD. 7 ANR (2007) ALL FWLR (Pt. 388) at 1017. On issue one, the Appellant submitted that neither the Judgment Debtor nor any of its agencies against whom the Judgment Creditors obtained judgment had an account with the Appellant, and so there was no money against which a garnishee order could be made. He further submitted that the 1st Respondents did not allege that the Appellant was indebted to the Judgment Debtor in any amount and that a common ground for granting a garnishee order is that there must be a debt owing and payable to the Judgment Debtor from the garnishee at the time the order is made. Thereafter, he submitted that the order nisi granted to the 1st Respondents on the 1st of March, 2012 was in error as there was no debt due and owing to the Judgement Debtor on the date of the order. In addition, he submitted that the order absolute granted to the 1st Respondents on the 28th of February, 2013 was different from the order nisi granted on the 1st of March, 2012, which the 1st Respondents sought to make absolute; because the order nisi was made in respect of "amount remaining to the accounts” of the Judgment Debtor while the order absolute was in respect of "monies accruing”, and further argued that the two orders are a contradiction in terms. Thereafter he submitted that there was no order for the attachment of the Judgment Debtor’s share of the Federation Account in the order nisi, so the order absolute cannot form part of that; especially as the Appellant has no power to seize a State's share by making deductions. The 1st Respondents in response submitted that the claim by the Appellant that the Judgment Debtor does not maintain an account with the Appellant is not supported by the law establishing the Appellant and relied on Section 36 (2) of the CBN Act, 2010 and Section 162 (1), (3) and (4) of the 1999

In the Court of Appeal Akwa Ibom Division Holden at Akwa Ibom On the 19th Day of April 2016 Before Their Lordships Mohammed Mustapha Moore Aseimo A. Adumein Tani Yusuf Hassan Justices, Court of Appeal CA/A/302/2013 Between Central Bank of Nigeria

.... Appellant

And 1. Chief Obla Ubana 2. Chief Eteng Ubi 3. Chief Ubi Effiom 4. Chief Imon Okon 5. Chief Bassey Ukenetus 6. Mr. Otu Egbe ....................Respondents And 1. Attorney-General & Commissioner of Justice, Cross River State 2. Commissioner of Works, Lands & Survey Cross River State 3. Yukur Local Government Cross River State (Judgment Delivered by Mohammed Mustapha, JCA)

Constitution as amended. He further submitted that as at 28th February 2013 when the trial court made the order nisi absolute, the order was in respect of the allocation accruing to the Appellant as at March, 2012 which the Court attached on the 1st of March, 2012. He thereafter argued that the order absolute is not different from the order nisi; as what the Appellant claimed to be different was the consequential order. On issue two, the Appellant argued, while referring to Section 104 and 105 of the Sheriff and Civil Process Act, that the procedure therein was not followed, as there is no evidence that the Judgment Creditors applied for a certificate of registration of the judgment of the High Court in Abuja as required and as a result the judgment did not become a judgment of the F.C.T. High Court, and therefore the trial Court had no jurisdiction to entertain the garnishee proceeding. He further argued that section 251 (1) of the Constitution ousts the jurisdiction of the F.C.T. High Court, and all other Courts, except the Federal High Court in civil matters in which the Central Bank of Nigeria is involved. The 1st Respondents on their part submitted that all that is required by Sections 104 and 105 of the Sheriffs and Civil Process Act is a certificate of judgment from the Court that gave the judgment, and said that provision has been complied with. He further submitted that a garnishee proceeding is not a civil cause or matter as contemplated by Section 251 (1) of the 1999 Constitution, neither is it any action by or against the Central Bank of Nigeria as contemplated. Thereafter he submitted that garnishee proceedings are for the enforcement of a judgment of a Court of competent jurisdiction, which has not been appealed by the 2nd set of Respondents. COURT’S JUDGEMENT AND RATIONALE On the PO, the Court held that the leave of Court is not

required to raise the issue of jurisdiction as it can be raised at any stage of litigation even for the first time on appeal, and can also be raised by the Court suo motu in order to avoid an exercise in futility. The Court relied on A.G. BENUE STATE v UMAR (2008) 1 NWLR (Pt. 1068) 311 at 248. Thereafter, the Court stated that the sole purpose of a PO is to terminate the appeal in its entirety, usually on grounds of incompetence and therefore, an attack on one ground of appeal which leaves several grounds that can still sustain the appeal does not come within the realm of a PO. The Court then, dismissed the PO accordingly. On Issue 1, the Court referred to section 36 of the CBN (Establishment) Act which states that the Appellant shall be entrusted with the Federal Government Banking, receive and disburse Federal Government monies and keep account and held that based on the said provision it was clear that while there may not be an account maintained by the Judgment Debtor individually, with the Appellant, the Appellant is indeed entrusted with the custody of monies meant for the Judgment Debtor, and other States, which it shares or disburses in accordance with the said provision, and the Federation Account is one of such sources of monies. The Court further held that this was also evident from Section 162 of the Constitution of the Federal Republic of Nigeria 1999. Based on the aforementioned premise, the Court held the garnishee order nisi of the 1st of March, 2012 clearly attached the monthly allocation of the Judgment Debtor, from the Federation Account for the month of March 2012, owed by the Appellant, (RE: DIAMOND BANK LTD. (2002) 17 NWLR (Pt. 795) PAGE 120; SOKOTO STATE GOVERNMENT v KAMOLEX (NIG.) LTD. (2004) 9 NWLR (Pt. 873) PAGE 345). The Court further held that the Appellant’s argument that the order absolute ought to be set aside on account of its difference from the order nisi failed to take into account that even if the order absolute and the order nisi are not exactly the same, what matters is substance over form; and if the substance of the two are the same, they indeed are the same. The Court while relying on UZOMA v ASODIKE (2009) LPELR-8421-CA thereafter held that because Courts of law are also Courts of justice, the mere use of different words for effect cannot be taken to mean the introduction of something new. The Court thereafter ordered that the garnishee order nisi be made absolute and held that the order was with regard to monies accruing to the Judgment Debtor in the Federation account kept by the garnishee. On Issue 2, the Court held that the provisions of Sections 104 and 105 of the Sheriff and Civil Process Act were very clear and unambiguous and that it suffices if the Judgment Creditor as in this case obtains a certificate of judgment from the Court that gave the judgment, in compliance with Section 104, and writes to the registrar of the High Court of the Federal Capital Territory, informing him of the desire to register the judgment obtained by the 1st set of Respondents at the High Court, While producing the said certificate, equally suffices for the purpose of compliance with Section 105. The Court further held that the applicability of Section 251(1) (d) of the Constitution was inadequate; because garnishee proceedings, though clearly a means of enforcement of judgments, cannot be properly termed as substantive civil or criminal suits covered by the provisions of Section 251(1) of the Constitution. Additionally, the Court stated that the Appellant was not even a party in Suit No. HUG/4/2010 before the High Court of the F.C.T, which delivered the judgment now sought to be enforced; the Appellant only became a party for the purpose of the garnishee proceedings, after the 1st set of Respondents, sought to enforce the judgment of the High Court which was not even appealed. Furthermore, the Court held that the issues at the trial did not, and could not therefore have related to matters of banking, or be "connected with pertaining to, or arise from banking" within the meaning and purport of Section 251(1) (d) of the Constitution. Thereafter, the Court held that the High Court of the F.C.T., Abuja had jurisdiction to entertain the matter of the garnishee proceeding. The Court of Appeal dismissed the appeal for lacking of merit and upheld the ruling of the Trial Court of the 28th of February 2013 making the garnishee order absolute. REPRESENTATION For the Appellant: Theo Nkire Esq with him, Chikodi Okeji Esq. and Victor Chimezie Esq. For the Respondents: J.O. Obono-Obla with him, O.C. Ogar Esq., Miss Aggrey, R.E. Akefeie (Mrs.) and F.B. Isa Reported by Oyinkansola Karunwi, Aluko & Oyebode, Lagos

26.07.2016

NEWS/5

Shipping Firm Sues Nigeria Customs for N50m over Illegal Detention of Employee

L-R: Chairman, International Chamber of Commerce Nigeria (ICCN), Mr. Babatunde Savage, former ICAN President/guest speaker, Chief J.K Randle and ICCN Chairman Emeritus, Chief (Dr.) Olusegun Osunkeye at the 17th Annual General Meeting of the Chamber in Lagos, last Thursday

ICCN Commends Its Commission on Arbitration for Successful Hosting of the 1st African Regional Conference Stories by Akinwale Akintunde The International Chamber of Commerce Nigeria (ICCN) has applauded its Commission on Arbitration and ADR for successfully hosting the 1st ICC Africa Regional Arbitration Conference in Lagos. ICCN Chairman, Mr. Babatunde Savage gave the commendation last Thursday at the organisation's 17th Annual General Meeting (AGM) held at The Metropolitan Club, Victoria Island, Lagos. Mr. Savage in his chairman's address at the AGM said the threeday Arbitration Conference, which was declared open by Nigeria's Vice President, Professor Yemi Osinbajo SAN ably represented by the Minister of Justice and Attorney-General of Federation, Abubakar Malami SAN presented a platform for high level interaction on critical issues of arbitration by top government officials and the private sector. According to him, the arbitration conference, which held at

the Eko Hotel and Suites in Lagos from June 19 to 21 with the theme: "Arbitration and Africa: Prospects and Challenges", featured over 500 participants and stakeholders representing different parts of the Nigerian economy and international community. The ICCN Chairman thanked the President of ICC International Court of Arbitration Paris, Mr. Alexis Mourre, who was the keynote speaker at the conference, for his presence and commendation that it was a successful outing. "President, ICC Court of International Arbitration Paris, Mr. Alexis Mourre, commended Nigeria for hosting the 1st Africa Regional Arbitration conference. He noted that with more engagement and interactions on Arbitration, commercial practitioners would recognise arbitration, just like common law and civil law. "According to Mourre, ICC was one of the institutions that adopted arbitration and 70 percent of the world’s arbitration

comes from ICC. Arbitration is booming in Africa”. "The Conference enjoyed sponsorship and endorsements support from Globacom Ltd, Dangote Group, Access Bank, Eko Hotel & Suites, the NBA, Aluko & Oyebode, Nigerian Shippers Council, among others. The conference attracted distinguished industry experts and Arbitrators specially selected from all over the world, including resource persons across all sectors. "Let me also express my gratitude to our distinguished 63 Speakers, both international and indigenous, who were carefully selected based on their outstanding professional competence and wealth of experience some of them include; President of Nigerian Bar Association, Mr. Augustine Alegeh, SAN, Chief Bayo, Ojo SAN, Mrs. Funke Adekoya, SAN, Chief Gabriel Olawoyin, SAN and Mr. Gbenga Oyebode, Chief Sena Anthony, Mr. Hassan Bello, Prof. Paul Idomigie, SAN, Mr. Tunde Ogunseitan, Ned Mojuetan, Kofi Mbiah, Rukia Baruti, Dr Emilia

Onyema, Jerome Finnis, Sami Houerbi, Harry Matovu QC, Jimmy Kodo and Mr Kamal Shah, amongst others. "l wish to express my profound gratitude for a successful event to the ICCN Commission on Arbitration and ADR, chaired by Prof. Gabriel Olawoyin SAN and also the Chairperson, Planning Committee, Mrs. Dorothy Udeme Ufot SAN, as well as members of the planning committee for the incredible hard work put in place to ensure the success of the conference", Savage stated. The ICCN AGM, which was sponsored by Guaranty Trust Bank Plc, also featured the traditional Post AGM Talk on 'The Importance of Aligning Business to the 2030 Agenda, the New UN Sustainable Development Goals (SDGs)' delivered by Bashorun J.K Randle, Chairman/ Chief Executive, J.K Randle Professional Services. ICCN Chairman, together with other Board members formally welcome all the new members into the Chamber.

A Shipping firm, Afriglobe Shipping Lines Ltd, has sued the Nigeria Customs Service (NCS) before the Federal High Court, Lagos over the illegal detention of its Managing Director, Mr. Christian Ukata. In the suit filed on its behalf by Charles Ugwuanyi Chambers, the firm is asking for N50 million for the alleged wrongful detention of Ukata by Custom officials attached to the Murtala Muhammed International Airport Lagos in November 2015 for being in possession of foreign exchange which he had voluntarily declared at the NCS desk. The firm averred that in November 2015, it was contracted by Aerodocs Inc. USA to clear its cargo at Chad and deliver same to Millicom, Chad at an agreed cost of $46,731. The payment according to the firm was subsequently made through Access Bank Plc. After confirming the arrival of the cargo at Ndjamena Airport, the firm stated that it withdrew $42,200 from the amount paid into its Access Bank Plc account and detailed its Managing Director, Mr Christian Ukata to travel to Ndjamena via Douala Airport for the purpose of clearing and delivering of the cargo. According the firm, Ukata had made arrangements to travel on November 15, 2015with the view of clearing the cargo on November 16 so as to avoid incurring demurrage. On getting to the Lagos Airport, the firm stated that Mr Ukata went through all the departure formalities including declaring the $42,200 with him to two NCS officials, one Mrs Oshilaja and Mr. K.S Ugboaja. The declared foreign exchange according to the firm was accompanied with relevant Waybills, Invoice and Inflow advice from Access Bank Plc to establish the legitimacy of the source and the use of the fund. The firm stated that the matter however took another twist after Mr. Ukata turned down an overture by the NCS officials for a tip before he could be allowed to

board his flight. The two officials according to the firm's court deposition threatened to detain Ukata if he did not settle them. The firm further averred that the two officials threatened Mr. Ukata that they had a Presidential Directive to seize and confiscate any foreign exchange brought before them whether voluntarily declared or not. For failing to do their bidding, Ukata was subsequently prevented from travelling, detained at the NCS Airport cell, near the Hajj Camp at about 5pm on November 15 until the next day when he was transferred to the Ikoyi office of the Economic and Financial Crimes Commission (EFCC). After five days of investigation, the EFCC cleared Mr. Ukata from any money laundering allegation and handed back to him, the seized money and travel documents. Mr. Ukata and his firm however lost the clearing contract as Aerodoc had secured the services of another firm to avoid incurring demurrage on the cargo. The firm is consequently seeking N50m damages against the Nigeria Customs Service for the false imprisonment and unlawful detention of Mr Ukata, loss of business, loss of goodwill, exposure to breach of contract and unutilised air ticket. The firm is also seeking a declaration by the court that the purported presidential directive ordering seizure of foreign exchange at the airport whether declared or not, is unconstitutional, Illegal, null and void. However, in its statement of defence, NCS has absolved itself of any wrong doing stating the two officials who were on duty when the incident happened were members of a Presidential Committee on Trans-Border Cash Movement and were taking directives from the Presidency and not the Nigeria Customs Service. The suit which is before Justice Abdulazeez Anka has been slated for hearing on September 19, 2016.

LASU Law Students Host Moot and Mock Court Competition to Honour Lecturer The Faculty of Law, Lagos State University last week organised a three-day National Inter-University Moot and Mock Court Competition to honour one of its lecturers, Mr. Gbenga Ojo. The event titled, "Maiden Edition of Barr. Gbenga Ojo, Esq. National Inter-University Moot, Counselling and Mock Competition" was conceptualised by the Law Students' Society (LSS). The Schools that participated in the three-day event, which was organised at the LASU Law Faculty for the first time, included Obafemi Awolowo University (OAU), Ajayi Crowther University, Bowen University and National Open University (NOUN). The event featured debates on contemporary issues, Moot, counselling and Mock competition between the schools. Topics such as, "State policing; to be or not to be?, Amnesty as a palliative measure to terrorism

in Nigeria, The need for special courts in the fight against corruption in Nigeria", were debated with great perspectives given by the speakers. In his welcome address, the President of LASU Law Students' Society, Mr. Kamilu Abdu-Ganiu emphasised that the students decided to honour their teacher, Gbenga Ojo because of his, "zeal, drive, determination to encourage the spirit of excellence amongst students and for his contributions to the Legal profession, both in practice and the impartation of knowledge." Abdul-Ganiu explained that moot court competitions help to introduce students and budding lawyers into the practical aspects of the study of law, as well as create a healthy rivalry amongst sister Faculties of Law from several institutions. "It is also meant to showcase the advocacy skills of law students across Nigeria", he added.

He confirmed that the LASU law faculty has never hosted such a programme before. The three-day event, which had in attendance a judge from the Ogun State Judiciary, Justice Adegboyega Ogunfowora and three Magistrates of the Lagos State Judiciary as judges at various stages of the competition, climaxed with a mock competition between Team LASU represented by Adebanjo Fatai and Ayeyemi Taofeek and Team OAU represented by Ehinmosan O. Olukolade and Tijani Taofeeq and LASU was adjudged the winner of the competition. This was followed by the presentation of certificates and awards to deserving persons. Cash prizes of N50,000 and N30, 000 were given to the finalists at the moot and mock competition with LASU and OAU receiving 50,000 and 30,000 respectively. To further encourage advocacy,

Prizes for best counsel and best written submissions were also given out with Team OAU winning both prizes. Oyewole Faith Bamise from OAU was the best counsel of the competition. The honoree, Ojo was given an award, with the Dean, Faculty of Law, LASU, Professor Mike Ikhariale, awarded for his support and contributions to the development Faculty of Law, LASU. Also awarded were Justice Adegboyega Ogunfowora, retired Chief Magistrates Olufemi Isaac and Abari Tolani, Miss Salam Aishat, chairman planning committee was also honoured alongside the LASU Law President, Abdu-Ganiu. The honoree Mr. Ojo noted that the programme was to develop intellectualism. "My vision was to contribute to the development of the students. I am not here to become a Professor but to produce lawyers

who can stand the test of time. Lawyers that can talk confidently anywhere in the world. That has been my mission and vision in this University. "The students have given me several awards for this purpose. One of the most appealing awards was titled: "Significant contribution to students’ development", given to me in 2011. I have been approached several times but I rejected it until they talked about this inter University Moot which I saw was not about LASU and won't be only a LASU affair. "We will do it next year and we hope to make it an international exercise that will involve students from the continent of West Africa. I will bear the expenses. Speaking about the students’ performance, Ojo stated that, "I am satisfied with their performance at this level. They even went beyond my imagination. The students from the Law Faculty of Obafemi Awolowo

University were even citing 2016 authorities. That is my joy, it is good, I believe by next year and in the years to come, it will be better. That is my mission and aspiration. On the cost implication, the Ojo stated that, "the cost implication is there, but I believe that intellectual capability cannot be reduced to Naira and Kobo. My satisfaction is the intellectual development. As an individual, if I don't have money I will request my bankers to sponsor it." Also commenting on the programme, Chief Magistrate Isaac (Rtd) noted, "It was a very proactive dimension. What I know about Moot courts has always been from University Mock Court competitions. But you can see that what happened here is different and wonderful. I am ready to support the program anytime, even if it is organised outside Lagos. It is something to support and commend.

26.07.2016

Arbitral Women (AW) Organises SpeedNet Doyin Rhodes-Vivour

he Arbitral Women (AW) SpeedNet Lagos was held on the 10th day of May 2016 at the Taslim Elias Room of the International Centre for Arbitration and ADR, Lagos, Nigeria. The SpeedNet was attended by various prominent Nigerian women in the legal and alternative dispute resolution (ADR) profession including Chief (Mrs) Folake Solanke, SAN, CON, the first female Senior Advocate of Nigeria; Chief (Mrs) Tinuade Oyekunle, Honourary Vice President and Council Member of ICCA; and Honourable Justice (Mrs) Akinlade Judge of the Lagos State Judiciary. In her welcome opening remarks, Mrs. Doyin Rhodes-Vivour gave a brief précis of the objectives of Arbitral Women. She said that Arbitral Women was founded by Louise Barrington (the founder and Director of William C Vis East International Commercial Arbitration Moot) and Mireze Philippe (Special Counsel International Chamber of Commerce Paris, France) and has been in existence since

1993 and currently has a thousand membership strong network spanning over 40 countries. She stated that the Arbitral Women, an international non-governmental Organisation was conceived with the primary objectives of addressing the under representation of women in dispute resolution, advancing the interest of women and to promote female practitioners in international dispute resolution. “She emphasised that Arbitral Women is a veritable tool for networking among women and that irrespective of their different industries, women can be relevant in promoting arbitration and the female gender in the field. She stated that women should stand together for gender equality and equal representation”. She emphasised that Arbitral Women over the years has been proactive in the task of promoting women in the field of Arbitration and Alternative Dispute Resolution. She informed participants of the Equal Representation in Arbitration Pledge which is a call for the international arbitration community to commit to increase on an equal opportunity basis the number of women appointed as arbitrators. She encouraged all persons to sign the pledge and advocate for the signature of the pledge. Chief (Mrs) Solanke, SAN, was invited to make some remarks and she affirmed her pleasure in the progress Nigeria has recorded so far in the

areas of ADR proliferation and gender balance in its various economic segments. “In 1981 when I became the first female Senior Advocate of Nigeria (SAN), I was confident that in no distant future the number of female senior advocates will increase. Presently it has. I am honoured to have another female Senior Advocate of Nigeria at this event, in the person of Mrs Adekoya, SAN”. Chief Mrs Solanke, SAN expressed her pleasure that there now exists an international network of women in dispute resolution; an impetus for gender participation. Sharing the position of Mrs Solake, SAN, Chief (Mrs) Tinuade Oyekunle applauded the efforts of African States in promoting arbitration and ADR within its jurisdictions. She eulogised the determination of women in ADR practice and institutions such as Arbitral Women that continue to grant women all over the world platforms to share their experiences and knowledge. She noted the recent rise in women representation on arbitral tribunals and arbitral institutions and panel discussions.“Seeing my colleagues here today gives me pleasure and validation that women are leading the dispute resolution campaign”. Mrs Oyekunle advised participants to continuously seek out avenues to offer mentorship and knowledge transfer among peers.

Court Stops Firm from Selling Fertilizer in Nigeria Akinwale Akintunde Justice M. I. Bello of a Kaduna State High Court sitting in Kaduna, has ordered a fertilizer firm, Indorama Eleme Fertilizers and Chemicals Ltd Port Harcourt, to immediately stop the sale of its fertilizer, known as Granular Urea. The judge in his interim order held that for Indorama to continue to sell Granular Urea in Nigeria, it must do so in accordance with the terms of a Memorandum of Understanding (MOU) it entered with Superphosphates Fertilizer and

Chemicals Ltd, Kaduna. The order was given pursuant to a motion ex parte brought by Superphosphates in Suit No. KDH/KAD/611/2016 seeking to compel Indorama to comply with an MOU entered by both parties. The motion, which was moved by plaintiff’s counsel, P. Y. Garuba, was supported by a 14-paragraph affidavit dated July 13. Justice Bello held: “Application is hereby granted as prayed. An interim order of this court is hereby made restraining the defendants/respondents, its agents, privies, or acting through anyone

whomsoever from further sales, distribution, advertising/marketing and/or carrying out the sales of its fertilizer product known as GRANULAR UREA or any similar product.” The judge added that for any sale of the product to occur it must be in accordance with the terms stipulated in the “Executed Memorandum of Understanding of 25/04/2016 made between the plaintiff/applicant and the defendants/ respondents.” The case was adjourned till October 19, for hearing.

Mrs Funke Adekoya, SAN reiterated the objectives of Arbitral Women and stated that “Arbitral Women is a truly remarkable opportunity for women in alternative dispute resolution to advance in their career.” She emphasised that all women should take an interest in arbitral women and join the organisation. She referred to the cooperation and networking opportunities available in Arbitral Women and clarified that the association is not only for lawyers but all women in dispute resolution. Introducing the audience to the speednetworking activity, Mrs Rhodes-Vivour encouraged participants to seize the opportunity offered at the event to form new connections, reconnect with old acquaintances and follow up on established contacts. She emphasised that building an interconnected group of relationships with women in the arbitral sphere was key to collective effectiveness personally and professionally. Ladies were registered with different colour coded badges and encouraged to mix with women with different colours, and given two minute intervals to interact before moving to a new person. In her closing remarks, Mrs Rhodes-Vivour advocated that women in dispute resolution should continue to expand their frontiers through networking, knowledge sharing, mentoring and training. She expressed gratitude to Arbitral Women supporters of the event, the Lagos Court of Arbitration (LCA) and the Investment Climate Facility for Africa. Ms Megha Joshi, Executive Secretary LCA noted that the LCA is an organisation that is built on the premise of gender sensitivity. A demonstration is the significant female representation on its board of directors and staff. She enjoined the support of women in dispute resolution to promote ADR knowledge in Nigeria and Africa through joining the membership and panel of neutrals of the LCA. Wine and Canapes at the event was sponsored by the Investment Climate for Africa (ICF), Mrs. Funke Adekoya, SAN, Ijeoma Ononogbu, Doyin Rhodes-Vivour, Funke Agbor, Funmi Roberts and Yejide Osunkeye (AW members based in Nigeria). Doyin Rhodes-Vivour is a member of Arbitral Women

Legal Personality of the Week Asimiyu Ayodeji

‘Anyone Who Wants a Career in Law must be very Patient’ I am Asimiyu Ayodeji, a Solicitor and Barrister of the Supreme Court of Nigeria. I obtained my Bachelor of Laws Degree (LLB) from the University of Ilorin in 2001, I attended the Nigerian Law School 2002/2003 and was admitted to the Nigerian Bar in July 2003. I did my one year mandatory NYSC program in Zaria, Kaduna State during which I worked with the law firm of A.Y Musa & Co. I moved to Lagos to join Matrix-Solicitors as a Junior Associate in January 2005. I had a very impressive career with the Dispute Resolution Unit of MatrixSolicitors and rose to become a Senior Associate within two years. In 2008, a new opportunity presented itself when Messrs. Olajide Oyewole & Co. (now Olajide Oyewole LLP) came calling. I took up the opportunity to venture into new areas of practice and I have no regret taking that decision. With the requisite foundation in Commercial Litigation, I felt the need to do new things. This desire took me to Uche Nwokedi & Co. in 2011. I head the Litigation and Alternative Dispute Resolution Department at Uche Nwokedi & Co. Have you had any challenges in your career as a lawyer and if so what were the main challenges? Law as a field of practice is itself very challenging. As a lawyer, you are required to provide a legal solution to any given problem. Your clients repose a lot of confidence in you and you are expected to take their worries off them. The society looks up to you as a social Engineer of some sort. Against the foregoing background, I was trained to view every brief as a challenge and the need to deliver the most efficient and effective legal solutions is always challenging. As a lawyer, you are as good as your last brief because not too many people remember your previous stellar performances if you failed to deliver on your last brief.

Asimiyu Ayodeji

What was your worst day as a lawyer? Well, that should be the day the Kaduna Division of the Court of Appeal threw out one of my applications on a very technical ground. I was less than a year old at the bar then but with a lot of enthusiasm. My said application was inadvertently headed “In the High Court of Appeal” instead of the traditional “In the Court of Appeal” and this drew their Lordships’ anger. They descended heavily on me and insisted my application was incompetent on that ground alone. I couldn’t rationalise the court’s decision to throw out the application on that basis alone. To me, it was a victory for technical justice over substantive justice. I felt very bad about it and the incident almost kill my zeal. More than twelve years after that episode, I still feel very strongly about it. Technical justice is no justice. What was your most memorable experience?

My most memorable experience was the day I got the Ibadan Division of the Court of Appeal to set aside a judgment of the Oyo State High Court on the ground that my client was denied fair hearing. The fair hearing issue in that case was the failure of the trial court to consider our client’s final written address. Trial had been conducted by a senior colleague in chambers and he couldn’t turn in his final address within the time prescribed by the rules. His application to regularise the process was refused by the trial court on some strange grounds. I took over the matter on appeal. The experience is very memorable to me because my boss then felt that the judgment of the trial court was unassailable considering that his Lordship considered all the evidence adduced before him. I was therefore on my own. The success of the appeal gave me the requisite belief I needed to grow in my career as a Legal Practitioner. Who has been most influential in your life? My mother, Alhaja Mariam Olohuntoyin Ayodeji. If I was given the opportunity to choose, I couldn’t have chosen a better mother. She ensured that I had all the support I needed to become the man I am today. I am eternally indebted to her for her. Why did you become a lawyer? My father is an Islamic cleric of some huge standing. In fact, his original plan for me was to become an Islamic Scholar. My first formal education was the Quranic/Arabic education and my father was my first teacher. I grew up to find myself learning Arabic. I could read the Holy Qur’an very fluently before I was enrolled in primary school. However, growing up, I watched my father resolved many disputes for family members and neighbours. He mediated and assisted in

resolving domestic and other disputes. He was highly respected and his opinions and judgments were well respected. I remember how I used to ask him questions on how he was able to make inferences and handed down certain decisions. There were occasions when I challenged some of the inferences he drew from the statements made in the course of the “proceedings” before him. I felt that some of his decisions went the way they went because some of the warring parties couldn’t really articulate their positions properly. Then, the urge to become an advocate naturally came to me. What would your advice be to anyone wanting a career in law? Anyone who wants a career in law must be very patient. Contrary to some beliefs, law is not a guaranty that you will be rich. Don’t make the mistake of reading law with a view to escaping poverty. You must have a passion for law. Secondly, you must be ready to give it your all. Hard-work really pays and every aspirant to the Nigerian Bar must bear this in mind. If you had not become a lawyer, what would you have chosen? An Islamic Scholar. I like to guide people in the way of the Lord. Where do you see yourself in ten years? Ten years seems a long time but I am going nowhere. Something tells me that, God-willing, I will practice law till death do us part. As a lawyer, I know I have a lot of responsibilities to the society. I need to solve problems and put smiles in the faces of deserving people. Ten years from now, God-willing I should have used law to put smiles on faces too numerous to count. My personal goal is to attain the greatest possible height and become a house-hold name.

26.07.2016

NBA Elections, the Thrills and the Controversies When the present leadership of the Nigerian Bar Association promised Nigerian lawyers e-voting, it was taken that Augustine Alegeh SAN was merely fulfilling a campaign promise. No one expected the controversies that this year’s elections of the NBA officials have engendered. As Nigerian lawyers cast their votes next week, Jude Igbanoi examines the complexities that have trailed the elections and the huge task before the outgoing administration

hen the present leadership of the Nigerian Bar Association promised Nigerian lawyers e-voting, it was taken that the Augustine Alegeh SAN was merely fulfilling a campaign promise. No one expected the controversies that this year’s elections of the NBA officials into its national offices would engender. As Nigerian lawyers cast their votes next week, Jude Igbanoi examines the complexities that have trailed the elections and the huge task before the outgoing administration. Nigerian lawyers welcomed electronic voting with open arms. Young members of the legal profession demanded for it and the older ones agreed that a positive break from the past was desirable, and so the NBA President Alegeh SAN set about delivering on this crucial promise to give every Nigerian lawyer a chance to cast their vote in electing the national leaders of the association. Three IT companies were screened and Lawpavillion, an electronic law report company which Nigerian lawyers had been used to for over a decade emerged the preferred choice. The fraud-proof and hack-proof system LawPavilion put in place is now the subject of apprehension, skepticism and litigation by some candidates in the elections scheduled to hold next week. Litigation Former Assistant National Publicity Secretary of the Association, Mr. John Unachukwu who was disqualified from contesting for National Publicity Secretary on the grounds of non-qualification filed a court action against the NBA challenging his disqualification. Defendants in the suit are Registered Trustees of the NBA, NBA President Augustine Alegeh, SAN, Chairman Electoral Committee of the NBA Ken Mozia, SAN, Chief J-K Gadzama, SAN and A.B Mahmoud, SAN. Unachukwu is asking the court to restrain the 1st, 2nd and 3rd defendants, their agents employees, proxies and anybody acting on their behalf, from conducting the NBA National Officers’ Election by Internet Voting (I-voting) on July 30 and 31, 2016 or any other date pending the hearing and determination of the substantive suit. He is asking the court to determine “Whether the NBA’s constitution 2015, requires or even recognises Internet Voting or Voting over Internet ‘(I-voting)’ in the 2016 NBA General Elections as currently proposed by the 1st, 2nd and 3rd defendants. “Whether the Electoral Committee of the NBA (“ECNBA”) can rightly judge and correctly conclude, that the state of available technology and the information technology infrastructure of all branches of the NBA can adequately support Voting over Internet (I-voting) at the 2016 NBA general elections?” He is contending that “If question 2 is answered in the

APOLOGY We refer to the publication on page 6 in THISDAY LAWYER of THISDAY NEWSPAPER of Tuesday 12th July 2016 titled “Zumax Nigeria Ltd v. First City Monument Bank Plc” as reviewed by me Stephen Kola-Balogun. We hereby state categorically that the case review was not meant to slight First City Monument Bank Plc (FCMB) or cast aspersions on its corporate identity. The Zumax case was a legacy issue inherited by FCMB after a number of banks were bought and merged into FCMB in 2012. We hereby apologise without reservation and regret any embarrassment the case review may have caused FCMB particularly the use of the words “FCMB appeal dismissed for fraudulent misrepresentation” in so far as it has the effect of impugning the present management of FCMB. Stephen Kola-Balogun, is the Principal Partner in Kola Balogun & Partners Legal Practitioners in Lagos.

NBA President, Augustine Alegeh SAN

negative, whether it is just and proper to conduct the 2016 NBA general elections by Voting over Internet (I-voting), in view especially of the principle of universal suffrage enshrined in Section 9(4) of the NBA constitution? The Issues In a letter dated July 11, 2016 and addressed to the NBA President, a former NBA President, Chief Wole Olanipekun, SAN informed Alegeh of the decision of the Body of Senior Advocates of Nigeria that “at the last meeting of the Body of Senior Advocates of Nigeria held at the Nigerian Law School, Lagos on Saturday, July 9, 2016, it was also resolved that Mr. President should convoke a meeting of past Presidents/Bar Leaders on the same subject, and that a level-playing ground be afforded every candidate in the forthcoming election.” Alegeh Responds In his reply to Chief Olanipekun’s letter the NBA President wrote ‘The NBA Constitution 2015 has made adequate provisions for the Electoral Committee of the NBA [ECNBA] and the powers of the ECNBA are well spelt out in the constitution. The ECNBA is responsible for conducting the elections and from their report which is published on the NBA website it is clear beyond any iota of doubt that all candidates are treated equally. I will urge you to find time to read the report. ‘The issues you have raised about Bar Practising Fees and Branch Dues are well noted. However, while the National Secretariat has records of payment of Bar Practising Fees [BPF] from Access Bank, the records of payment of Branch Dues must be provided by the Branches to the ECNBA. All Branches were contacted to supply the names of their members who paid Branch Dues to ensure full compliance with the constitutional provision. I clearly appreciate that you support the constitutional provision requiring proof of payment of BPF and Branch Dues for all voters at the elections. ‘I want to assure you that the NBA elections would be a model that even INEC would in time to come, adopt for National Elections. The system, though new, requires the support of all NBA members. No qualified voter would be in any way, manner or form disenfranchised. I wish to assure you that a level playing field has been created for all candidates and efforts at ensuring a smooth, fair and transparent electoral process are in full gear. The elections will make all NBA members proud. ‘Our collective interest as NBA members must never be compromised for the personal interest of individual members. Please permit me to copy the Past Presidents of the NBA with this letter.’ Furthermore, Augustine Alegeh stated that ‘expectedly, the forthcoming elections is generating wide interest. I must say that this is my pet project and it is on course. We have set July 29 tentatively as voting date and we’ll deliver on this. I promised Nigerian lawyers electronic voting and universal suffrage and we are set to do just that. The reviewed NBA

constitution which also contains the electoral guidelines were widely circulated to all branches, fora and section and it was passed at the last Annual General Conference in Abuja. The constitution for the first time recognised zoning and adoption by regional fora. The constitution also provided that for any lawyer who has held offices in the association for two consecutive time, he would be barred from holding office at the national level for 10 years and five years at branch level. These provisions were clearly made in the new constitution and I am surprised that some people are at this point raising issues. There is absolutely no basis to doubt or impugn the credibility of the e-voting system we have painstakingly put in place. We have invited the National Democratic Institute, the Independent Electoral Commission and Microsoft to observe the electronic voting system and verify the results before they are announced.’ ‘I have a pact with the NBA to deliver a good election and we’ll do this by the Grace of God. All the allegations that I have anointed a candidate are baseless and I must add that I Augustine Alegeh have only one vote. I don’t organise the election. That is the work of the committee. Those who are raising doubts over the e-voting are those who are afraid of failure. As a Nigerian lawyer who is qualified to vote, I have only one vote and I will vote for one of the candidates. It’s only the members of the electoral committee that will not vote. My duty as NBA President is to ensure a level playing field and I am doing that.’ The Presidential Candidates The two candidates vying for presidency are Mr. A.B. Mahmoud SAN and Chief J-K Gadzama SAN, both of northern extraction to which the presidency is zoned for this year’s election. Like the election in 2014 in which the NBA presidency was zoned to the South-West, Egbe Amofin, the umbrella body of lawyers of Yoruba extraction could not reach a consensus on a candidate, paving the way for Alegeh’s victory in that election. This year, the Arewa Lawyers Forum has also not been able to reach a consensus as to who they should support between Mahmoud and Gadzama. While the Gadzama Campaign organisation has alleged bias by Alegeh, Mahmoud has maintained that his confidence lies in the fact that Nigerian lawyers want him and that he has promised to take the Bar to lofty heights. He told a gathering of judicial editors last week that he sees his presidential ambition as a call to service and an opportunity to initiate the much desired reforms in the legal profession. He explained that ‘for me, this is not an ego-trip. It is borne out of my deep commitment to the profession. My confidence lies in the overwhelming support I have received in all the branches I have visited with my campaign team and I can’t afford to disappoint Nigerian lawyers who have expressed their confidence in me.’ On the litigations against the NBA, Mahmoud has this to say ‘it is a pity that some people have taken the NBA to court and I sincerely hope that common sense will prevail. It’s an internal issue which can and will be amicably resolved, for those who are afraid of e-voting, I must tell them that there is no way you can bring over 40,000 lawyers under one roof to vote in this age and level of technological development? The huge risks cost and logistics involved in such exercise, it would be impracticable to do that. We have seen that the NBA has invested so much in this system not to allow it fail. I have absolute confidence that all accredited Nigerian lawyers will have an opportunity to cast their votes for their candidate of choice.’ The Gadzama Campaign team has however alleged that Alegeh has at different fora in some branches in the North and the East openly canvassed lawyers to vote for Mahmoud. They have also alleged that the e-voting system as presently put in place is incapable to delivering a free and fair election, thereby calling for a limited use of e-voting which would entail votes being collated at the branches. The only factor that would stop the e-voting next week is if the courts grants Unachukwu’s prayers. Whichever way it goes, this year’s election would go down in history as the most contentious and the most exciting as Nigerian young lawyers would have an opportunity to cast their votes.

8/COVER

26.07.2016

‘Access to Finance is a Great Challenge to Players in the Maritime Industry in Nigeria’ Nigeria is undoubtedly, the biggest player in the maritime industry in the West African Sub-region, but the vast opportunities the industry presents are yet to be fully utilised due to non-implementation of industry policies and paucity of funds. In an interview with May Agbamuche-Mbu, Mrs. Oritsematosan Edodo-Emore gives in-depth insight into maritime arbitration and describes how Nigerian lawyers can take advantage of the huge potential in the sector. She is also a bilingual lawyer, Treasurer of the Maritime Arbitrators Association of Nigeria and Legal Adviser of the Nigerian Ship-owners Association. In addition, she is the convener of the forthcoming international maritime business to business conference in Nigeria from 7-8 September 2016.

ou have enjoy a varied career of thirty five years. You are also one of the foremost Maritime experts in Nigeria and have advised as part of former President Obasanjo’s delegation in internationalbilateral trade negotiations in 2000. What do you see as the place of the Maritime industry in Nigeria’s long-term development plans? How time flies! It is amazing that 35years have elapsed since June 1981 when we were called to the Bar! It is a great honour to be recognised as one of the foremost maritime experts in the country.In all humility I give glory to God for this invaluable honour. As regards the place of the maritime industry in the longterm development of our great country, I would say that the importance of the maritime industry in Nigeria cannot be over- emphasised. In any coastal nation, the maritime industry plays a pivotal role in the overall development of the country.This is so because 90% of the world’s trade is carried by sea. Therefore a country that is blessed with access to the sea is already on the map of world trade.What is left would be how to take advantage of the access to the sea and develop the industries and manpower that would make it possibe to actualise the natural benefits of the sea.That is why the African Union, for example is now stressing on the importance of developing the blue economy.On a long term basis, Nigeria must key into everything that relates to the development of the maritime industry,locally, regionally,on a continental basis and globally. What is your assessment of the regulatory regime in the Maritime Sector? I am a firm believer in, and practitioner of the principle of upliftment and encouragement.I also recognise that as a developing nation, Nigeria is a “work in progress” and so are her institutions .The Nigerian Maritime Administration and Safety Agency (NIMASA) is a body that could be repositioned to bring the benefits of the

maritime sector into the hands of Nigerians.I am particularly concerned about about the Cabotage Vessel Financing Fund that has so far not been disbursed although some local companies have been shortlisted to benefit from it.We need to do all that it takes to make more Nigerian business persons and companies actually own ships,in order to derive maximum benefis from the industry.So there is still alot of work to be done at NIMASA. The Nigerian Shippers Council has only just been named the port economic regulator. It is a bit early to judge its achievements in that area although the appointment is clearly a welcome development . The central role played by the Admiralty Jurisdiction Act 1991 in regulating Maritime transactions has led to calls for its reform and stakeholder involvement in the process. Do you believe that this is a proposition that will be advantageous to the industry? The actual benefits or otherwise of any legislation become clearer after that legislation has been in existence and used for a number of years .If after 25 years of use, stake holders are calling for direct involvement in the process of developing maritime legislations or amending one such as the Admiralty Jurisdiction Act 1991, then that is a welcome development. However, because maritime legislations have international effects,it is wise to involve the Nigerian Maritime Law Association which is the national branch of the Comité Maritime International in any process involving the development or amendment of maritime legislations in Nigeria . Maritime disputes are often very specialised in nature and require technical knowledge and understanding which in turn is gained from years of practice in the area. As a committee member for the bi- annual International Maritime Seminar for Judges, how are Judges being enabled to develop and maintain the necessary expertise to effectively adjudicate the myriad of Maritime disputes before the courts? The bi-annual International Maritime Seminiar for Judges organised by the Nigerian Shippers’ Council in collaboration with the National Judicial

Mrs. Oritsematosan Edodo-Emore PHOTOS: Sunday Adigun

Institute provides a good training ground for the development of maritime jurisprudence in Nigeria and other countries in West Africa.So far judges of the Federal High Court,(which is the court with exclusive original maritime juridiction in Nigeria), the Court of Appeal and the Supreme Court form the core delegates to the seminar. Lately, the judges of State High Courts have also been invited to the seminar since the Court of Appeal sources its judges from both the Federal High Courts and State High Courts. The judges in the courts of superior records in Ghana, the Gambia, and Sierra Leone have also enjoyed this training opportunity presented by the International Maritime seminar for judges .The cross fertilization of ideas and sharing that this event presents is invaluable for the development of maritime jurisprudence in Nigeria and West Africa. In my view our judges are all the better for it because the event is facilitated by lawyers and judges with actual and practising knowlege of the various maritime subjects.Its a hands on training . In this area of law, more than others perhaps, there is an argument for the admission of experienced legal practitioners to the Bench in order to bolster the ranks of esteemed Justices with the practical knowledge and expertise to navigate Maritime law. Would you agree with this? Yes I do agree that practitioners of maritime law should be recruited to join the bench in order to make the maritime bench richer, more

"ACCESS TO FINANCE IS A GREAT LIMITING FACTOR PREVENTING INTERESTED NIGERIAN PLAYERS FROM ACTIVELY PARTICIPATING IN THE VAST OPPORTUNITIES PRESENTED BY THE MARITIME INDUSTRY IN NIGERIA"

robust and leading to sound indepth treatment of the intricate subjects that are presented by international maritime law. Given the high-capacity turnover nature of Shipping and the Maritime Industry in general it is a basic business rule that time is of the essence for various parties involved. When litigation is involved however, the effect of delays are often greatly damaging to commercial concerns and the cost of time lost is often greater than the damages to be recovered. Arbitration awards are binding and enforceable by Nigerian Courts, and in comparison they appear to offer faster resolution of disputes. What do you see as the effect of Alternate Dispute Resolution mediums such as Arbitration on Maritime Litigation? The huge capital outlay which shipping commands, means that shipping disputes must be resolved timeously and arbitration provides an excellent avenue for doing so, provided parties abide by the awards and the awards are actually enforced.When a party challenges an award, or appeals against a court jugdment which upholds an award, that of course defeats the essence of arbitration as a mechanism for timely resolution of maritime disputes .The Maritime Arbitrators Association of Nigeria [MAAN] provides an excellent platform for the settlement of maritime disputes.It has its own rules and among its membership are seasoned arbitrators recognised in other jurisdictions . Experts in the Maritime Industry have advocated for the establishment of a regional Arbitration body in Nigeria to limit parties referring their disputes to other well-known seats such as Paris, London and Singapore. Do you support this proposition? As I mentioned above,in Nigeria we already have the Maritime Arbitrators Association of Nigeria [MAAN] comprising world acclaimed arbitrators among its membership. It is now up to Nigerian business persons and stake holders to nominate MAAN as an appointing body in their contracts and say that disputes should be resolved according to the MAAN rules and that the place of arbitration should be in Nigeria.Although international partners

26.07.2016 "ON A LONG TERM BASIS, NIGERIA MUST KEY INTO EVERYTHING THAT RELATES TO THE DEVELOPMENT OF THE MARITIME INDUSTRY, LOCALLY, REGIONALLY, ON A CONTINENTAL BASIS AND GLOBALLY"

may prefer to nominate Paris, London , and Singapore as the venue of arbitration, Nigerian stake holders must realise arbitration in Nigeria will not develop except Nigeria is nominated in the contracts . The confidential nature of maritime contracts and the preferences of the contracting parties lends itself more conveniently to Arbitration and other means of Alternative Dispute Resolution. However the controversy as to whether Section 20 of the Admiralty Jurisdiction Act renders arbitration clauses ineffective in law in Admiralty matters is one that cannot reasonably be ignored. In your opinion does section 20 of the Admiralty Jurisdiction Act make arbitration clauses null and void before the courts? There are conflicting judgements of the superior courts on this subject and I dealt with this exhaustively in the paper I presented titled “Section 20 Admiralty Jurisdiction Act 1991 and arbitration clauses in maritime agreements ”at the 13th Maritime For Judges held in Abuja from 10-12th June 2014 .This paper was also published in THISDAY LAWYER. Suffice it to quote the conclusion which I made then and which is still relevant today “From the cases reviewed it is clear that we need some consistency as regards the the effect of S.20 Admiralty Jurisdiction Act 1991 on foreign arbitration clauses and foreign jurisdiction clauses.Both at the Court of Appeal and at the Supreme Court levels there has been conflicting thoughts.As at today, every case will be treated on its on facts.But what is certain is that the dictum of Uwaifo JCA as he then was when he stated in 1994 in the MV Lupex that S.20 Admiralty Jurisdiction Act 1991 was badly drafted and walking on its head, is still apt in 2014 !” The Nigerian government has tried to encourage local participation in the maritime industry by introducing the Cabotage Act and the Nigerian Content Development and Monitoring Board. But despite these efforts Nigerian participation in the industry is still quite limited. What factors do you think limit the participation of Nigerians in the maritime sector? Access to finance is a great limiting factor preventing interested Nigerian players from actively participating in the vast opportunities presented by the maritime industry in Nigeria. We understand from various interactions with the financial sector that Nigerian banks receive very short term deposits and because of that they are unable to finance shipping which has a long gestation period.So far, many strong

COVER/9 players have sought foreign finance .This cannot augur well for the industry.There has been a call for the establishment of a maritime bank. This may answer some of the difficulties . An important feature of the Cabotage Act is the Cabotage Vessel Financing Fund which is supposed to have been in operation since 2008. However, indigenous ship owners have not been able gain access to these funds and only few applications for funding have been approved. What can be done to improve accessibility to finance for indigenous ship owners? As I mentioned earlier,failure to disburse the funds which have accrued in the Cabotage Vessel Financing Fund is a sore point in the maritime industry.We understand that previous experience with the Ship Building and Ship Acquisition Fund may be responsible for part of the inertia in this area.Yet if indigenous ship owners must play their role in the development of the maritime industry in Nigeria, access to finance is a must.In the present circumstance this can only be resolved by an interplay or partnership between the government, the banks and the indigenous ship owners Not a lot is required to observe that security at Nigerian Ports is poor and these ports lack adequate manpower to effectively inspect imports in the country. Some reports have even alleged that lethal weapons are imported through the Apapa’s Container Terminal, Ilella near Sokoto, and Seme near Lagos. How would you propose these ports are fortified against such contrabands and this pervasive attitude is corrected? First of all Nigeria must build local capacity in the area of inspection services and then reduce the number of personnel and organisations at the ports for greater efficiency.The ability to bring in lethal weapons through the ports is a sign of inefficiency . Piracy and Oil bunkering in Nigerian waters are also another significant threat to economic activity on our water ways. What can be done to create the safe shipping zones Nigeria needs to ensure economic growth in the industry? Armed robbery at sea and theft of oil rather than piracy is what is more common in Nigeria and in the Gulf of Guinea.This of course is a threat to the economy of the country as both local and foreign ships feel unsafe to sail to Nigeria. In actual fact sailing to Nigeria attracts a higher insurance premium as the country is classified as a war zone for many insurers abroad. Creating a safe shipping zone around Nigeria requires great security participation. In this regards, NIMASA and the Nigerian navy are collaborating to keep the Nigerian shipping lanes secure . There has been calls for the establishment of Coast Guards. Perhaps the time is right to do so . Despite efforts to position ! our ports strategically in West Africa as a regional hub, the port in Cotonou continues to be the port of choice for many importers. In your opinion why are our ports so far behind in loading times, clearing and forwarding periods and how can we deal with these problems?

"I AM PARTICULARLY CONCERNED ABOUT THE CABOTAGE VESSEL FINANCING FUND THAT HAVE SO FAR NOT BEEN DISBURSED ALTHOUGH SOME LOCAL COMPANIES HAVE BEEN SHORTLISTED TO BENEFIT. WE NEED TO DO ALL THAT IT TAKES TO MAKE MORE NIGERIAN BUSINESS PERSONS AND COMPANIES ACTUALLY OWN SHIPS, IN ORDER TO DERIVE MAXIMUM BENEFITS FROM THE INDUSTRY" Having an efficient and competitive port is a function of many factors .These include,cargo handling equipment,access to rail and road networks,cost of services, customs duties and tarrifs .The charges at the Nigerian Ports are said to be high and the ports infrastructure is inadequate compared to Cotonou port and even the Port at Tema, Ghana. Stakeholders and their resources move in the direction of the efficient and competitive ports .We have to invest in Ports infrastructure, road rail network links and the establishment of Port transit parks if we want to make our ports competitive . Several pending maritime bills are before the National Assembly including the Port and Harbor bill and the amendment of the Cabotage Act. What is your estimation of the cost of these delays to the industry? The Port and Harbor bill and the amendment of the Cabotage Act are important legislations that would greatly impact the maritime industry. Any delay in their passage into law naturally exerts a huge cost to the industry. The Nigerian National Shipping Line (NNSL) wound-up in 1995, but is reported to possibly make a return under the current Ministry of Transport. What are views on the resuscitation of the NNSL? Although the thoughts of the present administration may be to establish a national shipping line owned by government, this may not be the wisest option at this point in time. Given the antecedents of businesses owned by government, the wiser option may be to support the private industry stake holders to own vessels which would transport the nations foreign trade. Government may confine itself to ownership of training ships to build manning capacity but the actual vessels to carry Nigerian export and import cargo should be privately driven . Drawing from your experience as a

previous board member of Women’s International Shipping and Trading Association (WISTA), what can be done to encourage the participation of women in the maritime sector? I represented Africa on the board of the Women’s International Shipping and Trading Association [WISTA] from 2011-2015.The international board membership has provided an invaluable experience. Given the vast opportunities which abound in the maritime industry, it would be self defeating for any nation, not to encourage her women to actively particpate in such a great industry. First of all , women should be supported to have access to finance, access to technical education in all spectrums of the maritime industry and freed from social discrimination barring them from full participation in the maritime industry. Above all, conscious effort must be made to position women in decision making and leadership positions in the industry.If women are not at the table when important decisions are being made, the invaluable and natural gifts of women cannot be brought to bear upon the industry, our nation or our civilisation . You are bilingual, fluent in the French language and the Secretary General of Franco-Nigeria Chamber of Commerce and Industry, how would you assess the investment opportunities between Nigeria and France. Have there been any cross border trade between Nigeria and our French speaking neighbours? It would interest you to note that although Nigeria is not a French speaking country, she is the largest trading partner of France in West Africa! That speaks volumes of the importance of Nigeria to France and vice versa.The Franco –Nigerian Chamber of Commerce is at the forefront of stimulating business between Nigeria and France by connecting Nigerian businesses with French interest and vice versa .The business interest of both countries pervades all segments of the economic value chain, ranging from Oil and Gas, food and nutrition,perfumery,fashion,security,educati on ,Transportation, Logistics to name a few The fact that Nigeria is surrounded by French speaking countries means that Nigeria is a natural trading partner of Francophone West Africa.There is a huge volume of trade between Nigeria, Benin, Niger ,Chad ,and Cameroun although alot of it is undocumented . We understand that you are convening an International maritime business to business conference very soon . Kindly throw some light on this impending event. I have the great honour to be nominated by Zoe Maritime Resources Ltd to convene an international maritime business to business conference in Nigeria from 7-8 September 2016. The aim of the conference and exhibition is to attract foreign direct investment into the maritime industry in West and Central African Sub region and to stimulate Nigeria as a focal point and the hub of maritime activities in the Sub region. The conference and exhibition seeks to show case the maritime capacities and capabilities of key players in the maritime industry in Nigeria and in the West and Central African Subregion, in general, and to bring in foreign businesses to partner with Nigerian companies and those of other countries in the subregion. The theme of the conference is “Maritime Trade & Investments – Catalyst for Growth”. The conference will take the form of round tables dealing with various subjects such as: a. Development of Port infrastructure and the linking of rail road networks. b. Development of Trucks Transit Parks c. Shipbuilding and growth of marine crafts d. Access to maritime finance and acquisition of marine vessels e. Establishment of dry ports and linkages with landlocked countries f. Maritime Education, development of seafarers and manning capacity g. Maritime law and arbitration round table and the development of maritime jurisprudence in Africa. h. Maritime security in the Gulf of Guinea i. Global Business ansd Africa’s development Speakers will be drawn locally and internationally.Participants will have opportunities for networking and business to business meetings with prospecive partners from around the globe . It promises to be an intersting event that will showcase the Nigerian maritime industry to the rest of the world. Visitors are expected from Norway,Morocco,Turkey, the UK, Dubai, and the USA to mention but a few. We have to take our destinies in our hands to move this country and this continent forward.

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26.07.2016

Tribute to the Special One, Honourable Ovunda Nsirim Okey Wali

umueme Kingdom, Obio/ Akpor Local Government Area, Ikwerre Land, Rivers State and indeed Nigeria lost a great son on Thursday 28th of April, 2016, Hon. Ovunda Nsirim. The most detribalised Nigerian, I ever met (I am most reluctant to use this so much abused phraseology). Although an aristocrat by birth, Ovu as he was fondly called by all and sundry, was a politician’s politician, sagacious, liberal, caring, most empathetic and a friend to all, regardless of age, sex, tribe, social status or political leaning. It is indeed true, that your brother from the same womb is an accident of birth, and like they say, amongst friends there are brothers and amongst brothers, there are friends. He was my friend, brother, mentor and confidant. My wife Lizzy actually called him my Master. He was, and more. I did nothing without his input, from building a house, furnishing the house to choice of cars I drove. Most importantly, career decisions, even my office

space on Aba Road in PH, was leased by him and initially shared with me in 1990 and when my practice grew, he moved out to let me have the entire space. Hon. Ovunda Nsirim was an astute politician, who was a rallying point for young, up- coming and aspiring politicians and professionals. He groomed and laid foundations for many such people, who are very successful in their endeavors today. He had no room for politics of bitterness, do or die, violence and killings. His, was politics of friendship, building of bridges, and caring for the less privileged, and that was his staying power, hence his capacity to remain relevant at all times. Despite his family background, and his considerable means, he was an embodiment of humility, living a Spartan life style and community living. At meal times in his home, everybody ate from the same bowls. His dressing, save for few occasions, did not depict his considerable wealth. He was a man of His people, never excited about cars, mansions and all of that, in fact he actually lived in a remodeled family house, and ironically, I have heard comments, like, Ovu did not build a house of his own, and the pity of this, is that these comments have come from some persons that Ovu, to my knowledge, helped to build houses for, paid hospital bills for their families,

paid school fees for their children and had even put food on their dining tables. The point here is that life is about choices, he choose to help the less privileged over self. He paid attention to real issues of life, like education for all, of course his children went to the best schools around the world. He believed that a good education was the best legacy we could bequeath to the younger generation, and to my knowledge, he would borrow to help parents pay school fees. He complied with the Biblical injunction, that enjoins us to: Do nothing out of selfish ambition or vain conceit. Rather, in humility value others above yourselves, not looking to your own interests but each of you to the interests of the others (Philippians 2: 3-4). I never met a woman or man who was so selfless, and that is why I have called him the special one. Many will be shocked to learn that we had no blood relationship. It was actually a family relationship, that dates back to our fathers before our birth and in spite of the fact that during the second Republic, my late mother, Mrs Ahuele Cordelia Wali, JP, was a top stalwart of the Nigerian People’s Party (NPP) and Ovu and his father, Nyewe Eli Rumueme, Chief O.N. Nsirim , O.O.N, were members of the National Party of Nigeria (NPN) in Rivers

State, with Honourable Ovu in the House of Representatives, for Port Harcourt Constituency II, this did not come between our families. I can say with confidence that this was not limited to me. It was the same story with almost everybody who came across Ovu. A lot of Politicians, of Local Government, State and National prominence, from within and outside Rivers State drank from this well. No wonder there was so much concern from many people when his health deteriorated. Let us not weep for Ovu, the greatest tribute to him, is to appreciate the lesson of his life and uphold his well acknowledged attributes of selflessness, friendship beyond borders, politics without bitterness and his large heartedness. He has not lived a long life, sadly enough, having pre- deceased both his parents, but I must add that it is not how long but how well, Ovu lived a good life and will be well remembered for what he has done, for he surely will continue to live in our hearts. Goodnight my brother, goodnight my friend and goodnight my mentor and may your kind soul rest in the bosom of our Lord, until the resurrection morning, when we shall meet to part no more. Okey Wali, SAN is the Immediate Past President of the Nigerian Bar Association.

Alleged Forgery of Senate Rules – Can Saraki Enter A Nolle Prosequi ? Abubakar D. Sani

air comment on a matter of compelling public interest propels this intervention on the ongoing trial of the Senate President and his Deputy, Drs. Bukola Saraki and Ike Ekweremadu, respectively. But for this, the issue would clearly be off-limits, on the ground of being sub-judice. So, with this caution in view (for whatever it is worth), here goes. It is public knowledge that both presiding officers, along with two others, have been docked for their alleged complicity in purportedly doctoring the Senate Rules or Standing Orders 2015. The Hon. Attorney-General of the Federation, Abubakar Malami is the prosecutor. In his words, (see the Daily Trust Newspaper of Thursday, July 14, 2016, pages 1 & 5): “The basis for filing my case against Saraki, Ekweremadu and 2 others was that the position taken was not that of the Senate. The Senate Standing Rules allegedly amended in 2015 did not follow the traditional way of amendment. That is where my quarrel comes in. If there are certain persons that did not allow the process of amending the Senate Standing Rules go through the constitutional process, we have a responsibility to act by way of initiating a criminal proceeding against those involved”. Subject to the aforesaid reservations, I believe that it is imperative, in the public interest, to ask whether the said probe is just i.e., in the public interest. This is because, in my view, by virtue of the doctrine of separation of powers under the Constitution, as well as the provisions of Legislative Houses (Powers & Privileges) Ordinance (now Act) in Cap. 102 of the Laws of the Federation and Lagos 1958, such proceedings are either illadvised or subject to be terminated summarily at the instance, ironically, of the Senate President. I will start with the latter. Section 26 of the Legislative Houses (Powers and Privileges) Act provides that: “Any person, being a defendant in any civil or criminal proceedings instituted for or on account of or in respect of the publication by such person or by his servant, by

order or under the authority of a Legislative House, or of any reports, papers, minutes, votes or proceedings, may on giving the plaintiff or prosecutor, as the case may be, twenty four hours written notice of his intention, bring before the court in which such civil or criminal proceedings are being held, a certificate under the hand of the President of the Legislative House stating that the reports, papers, minutes votes or proceedings in respect of which civil or criminal proceedings have been instituted were published by such person or his servant by or under the authority of a Legislative House together with an affidavit verifying such certificate; and such court shall thereupon immediately stay such civil or criminal proceedings and the same and every process issued therein shall be deemed to be finally determined.” (emphasis supplied). Therein, in my view, lies the irony. In other words, by virtue of this provision, it appears that Dr. Saraki, in his capacity as the Senate President, can summarily terminate the said trial for alleged forgery of the Senate Standing rules by simply issuing a certificate and a verifying affidavit, affirming that the allegedly forged Rules were published by or under the authority of the Senate. To that extent, I submit that this power is complementary to that of the Attorney General of the Federation to enter a nolle prosequi under Section 174(1)(a) of the Constitution. Assuming this view is correct, one might be forgiven if he wonders what the fuss is all about. Or is it little more than a storm in a tea-cup? Beyond the foregoing, I submit that the whole saga also calls into question the doctrine of separation of powers under the 1999 Constitution of the Federal Republic of Nigeria, Sections 4, 5 & 6 which separates the powers of Government between the Legislature, the Executive and the Judiciary respectively. By virtue of this doctrine: “Government is divided into three separate and independent sections, viz; the Executive, the Legislature and the Judiciary and it is the duty of each section to avoid encroachment by one on the sphere of the other. See Senator Abraham Adesanya vs. the President (1981)2 NCLR 358 @ 387.” per Mohammed, JCA, in KNIGHT, FRANK & RUTLEY v ATT-GEN. OF KANO STATE (1990)4 NWLR pt. 143 pg. 210 @ 220. I further refer to ATT-GEN. OF BENDEL STATE v ATT-GEN. OF THE FEDERATION

Senate President, Bukola Saraki

(1981)12 NSCC 314 @ 434 where the Supreme Court per Obaseki, JSC, held that: “Where there is a separation of power between the Executive, the Legislature and the Judiciary . . . neither organ will invade the province of the other and neither may control direct or restrain the action of the other.” See also GARBA v FEDERAL CIVIL SERVICE COMMISSION (1988)19 NSCC pt. 1 pg. 306 @ 328 where the apex court held, per Nnameka Agu, JSC, that: “Under our Constitution, we have opted for the separation of powers among the three arms of Government, the Executive, the Legislature and the Judiciary. It is contrary to the letter and spirit of the Constitution that any of the three arms should interfere with the other in the performance of its functions. If that is allowed to happen, it would lead to chaos, lawlessness and destruction of the Constitution.” In making this submission, I concede that only Senators Saraki and Ekweremadu, and not the entire Senate, are on trial. I, however, submit that, having regard to the provisions of Section 27(1) (a) of the Interpretation Act, Cap. 123, LFN 2004 that would be a distinction without a difference. This is because, by virtue of the said provision of the Interpretation Act: “Where a body established by an enactment comprises three or more persons, then any act

which the body is authorised or required to do may be done in the name of the body by a majority of those persons or of a quorum of them.” I submit that to the extent that the Senate comprises of 109 Senators (vide Sections 48, 2(2) & 3 of the Constitution), coupled with the fact that the Senate is entitled, vide Section 60 of the Constitution, to regulate its own procedures, any challenge to the validity of those Rules, in my view, will not succeed unless it can be shown that they were enacted by a minority of Senators, or by a group of them which did not constitute a quorum. This provision of the Interpretation Act, inter alia, received the imprimatur of the apex court in a case which, incidentally, involved the Senate President, Dr. Saraki and the Code of Conduct Tribunal, earlier this year. I humbly submit that the said decision is applicable, mutatis mutandis, to the forgery allegation against Dr. Saraki and Ekweremadu in respect of the amended Senate Rules of 2015. In other words, to the extent that the Senate consists of more than 3 members, I submit that it can validly amend its own Rules, so long as that amendment is carried by a majority of Senators, or, in any event, by a quorum of them. In a nutshell, therefore, the Senate and the Legislature as a whole, should be left alone to regulate their affairs, undisturbed by unwarranted, if not unwelcome, interference by the Executive (or the other arms of Government), subject only to the strictures of Section 27(1)(a) of the Interpretation Act, that is to say, only acts which Senators purport to do in the name of the whole, but which in reality, are done by a minority of them acting without a quorum, may validly be challenged or reversed by the majority, acting in plenary. I submit that this would accord with the spirit, if not the letter, of the principles of separation of powers, as enshrined in Sections 4-6 of the Constitution, as aforesaid. In light of the foregoing, I humbly submit that the Honourable Attorney General of the Federation may need to re-assess his position on the ongoing forgery trial in “the public interest, the interest of justice and the need to prevent abuse of legal process”, as enjoined by Section 174(3) of the Constitution. Abubakar D. Sani is a lawyer practicing in Abuja.

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Challenges in the Recognition and Enforcement of Foreign Arbitral Awards in Nigeria Olushola Abiloye and Jamiu Akolade

Introduction

here an unsuccessful party immediately carries out the terms of an arbitral award, the question of recognition or enforcement of the award does not arise. However as often happens, especially in relation to foreign arbitral awards, the unsuccessful party may be unwilling to comply with the terms of the award or may even seek to challenge it. Unfortunately, the arbitral process cannot by itself enforce its own award because an award simplicita does not have the force of a judgment of court. As such, it often means that the successful party may have won the battle but is yet to win the war. Both words, ‘’recognition’’ and ‘’enforcement’’ although distinct concepts are concerned with having the award carried into effect. Thus, an award can be recognised without being enforced, and when it is enforced it is deemed to have been also recognised. Therefore, in order to secure the enforcement of the award, the successful party must take steps after obtaining the award in a foreign jurisdiction to have the award recognised by a Nigerian Court so that the machinery of the court process can be used to enforce it. In doing so, the first thing a successful party at the arbitration has to do is to decide which of the different enforcement regimes he wishes to adopt in having the award enforced. In Nigeria, an arbitral award may be enforced through the following enforcement systems: 1. Enforcement by court action upon the Award 2. Enforcement under the Reciprocal Enforcement of Judgment Ordinance 1958 3. Enforcement under the Arbitration and Conciliation Act, 2004 4. Enforcement under the New York Convention on Recognition and Enforcement of Arbitral Awards 1958 5. Enforcement under the International Centre for the Settlement of Investment Disputes (ICSID) Convention The peculiarities as well as challenges of each of these enforcement systems and the attitude of the courts thereto are the focus of this paper. Enforcement by action upon the Award In Nigeria, foreign arbitral awards can be enforced by suing upon the award even where there is no reciprocal treatment in the country where the award was obtained. This rule is based on the doctrine of obligation which prescribes that where a foreign court of competent jurisdiction has adjudicated a certain sum to be due from one person to another, the liability to pay the same becomes a legal obligation that may be enforced by an action of debt. The Claimant must however establish the following ingredients: (i) the existence of the arbitration agreement, (ii) the proper conduct of the arbitration in accordance with the agreement, and (iii) the validity of the award. In TOPHER INC OF NEW YORK v EDOKPOLOR (TRADING AS JOHN EDOKPOLOR & SONS) 1965 All NLR 307 the Plaintiffs sued for the sum of £2,142 awarded in its favour by arbitrators in New York, and the Defendant moved for the High Court to set aside the award on the ground that it was “founded on a Foreign Arbitration governed by the laws of the State of New York, United States of America”. The trial judge, whilst noting that in Nigeria, there was no statute similar to the Arbitrations (Foreign Awards) Act, 1930, of England held, as submitted for the Defendant, that “for a foreign arbitral award to be recognised here there must be a treaty guaranteeing reciprocal treatment or an order in Council to that effect”. On appeal, the Supreme Court held as follows: i. A party is not prevented from suing upon a foreign judgment regardless of whether there is a reciprocal treatment in the country where it is obtained, if no order is made under section 12 of the Foreign Judgment (Reciprocal Enforcement) Act, 1990 to modify that position. ii. A suit brought upon a foreign award ought not to be struck out merely on the ground that

there must be a treaty guaranteeing reciprocal treatment in the country where it was made or an Order in Council to that effect. However, this is a rather cumbersome procedure, which enables the losing party in an arbitration to reopen, by way of defence, the issues already determined by the arbitral tribunal. It should be avoided, unless the other systems of enforcement are not available. An application challenging the action may take up to a year, but if unchallenged, the action can be determined within six months. Enforcement under the Reciprocal Enforcement of Judgment Ordinance 1958 Foreign arbitral awards can also be enforced under the relevant reciprocal enforcement statutes. Generally under this heading, two statutes are in force. They are: i. The Reciprocal Enforcement of Foreign Judgments Ordinance, Cap 175, Laws of the Federation of Nigeria and Lagos, 1958 (“the 1958 Ordinance”) [This Ordinance was enacted in 1922 as L.N.8, 1922] and; ii. The Foreign Judgments (Reciprocal Enforcement) Act, Cap 152, Laws of the Federation of Nigeria, 1990 (“the 1990 Act”) [Enacted in 1961 as L.N.56, 1961] Until recently, there has been intense intellectual polemics as to which of these legal regimes govern the enforcement of foreign judgments in Nigeria. The confusion crystallised into divergent schools of thought and conflicting decisions of Nigerian courts. In DALE POWER SYSTEMS PLC v WITT & BUSCH LTD (2001) 8 NWLR (PT 716), the Appellant obtained a money judgment from the Queen’s Bench Division of the High Court of Justice in England. In order to enforce the judgment in Nigeria against the Respondent the Appellant applied to the High Court to have it registered. The Respondent filed an objection to the registration. In determining the objection, the trial court applied the provisions of the Foreign Judgments (Reciprocal Enforcement) Act. Dissatisfied, the Appellant appealed to the Court of Appeal contending that 1958 Ordinance was the applicable statute. Honourable Justice Oguntade JCA (as he then was) held that the lower court was in error in applying the 1990 Act and that the applicable legislation was 1958 Ordinance. This judgment was delivered on 30th May 2000. Quite surprising, in a period less than two years after the above decision, a similar scenario came up for determination by the same Court of Appeal in HALAOUI v GROSVENOR CASINOS LTD (2002) 17 NWLR (PT 795). In this case, the Respondent having obtained judgment at the High Court of England applied ex parte to have it registered in the High Court of Oyo State Nigeria under section 4(1) of the Foreign Judgments (Reciprocal Enforcement) Act for the purpose of enforcement against the Respondent who was resident in Oyo State. The Appellant applied to set aside the registration for non-compliance with section 6(2) of the Foreign Judgments (Reciprocal Enforcement) Act. The lower court declined jurisdiction relying on sections 73, 74(1)(m) and 135(2) of the Evidence Act. On appeal, the Court of Appeal set aside the lower court’s judgment and held that the relevant statute was the 1990 Act and that the Evidence Act and the common law were inapplicable for the enforcement of foreign judgments in Nigeria. The Court of Appeal was silent on the 1958 Ordinance as it was not canvassed by either of the parties. However, the Supreme Court of Nigeria has endorsed the 1958 Ordinance as the relevant

legislation dealing with reciprocity of judgments and foreign arbitral awards between Nigerian and the United Kingdom in the cases of MMARINE AND GENERAL ASSURANCE CO PLC v OVERSEAS UNION & 7 OTHERS (2006) 4 NWLR (Part 971) 622 and ANDREW MARK MACAULAY v RAIFFEISEN ZENTRAL BANK (RZB) AUSTRIA (2003) 18 NWLR (Part 852) 282. In Macaulay, the Supreme Court held at page 296 [paragraph E-G] that: “The Reciprocal Enforcement of Judgments Act 1922, Cap 175 Laws of the Federation and Lagos 1958 which was promulgated to deal with issues of registration of judgments obtained in Nigeria and the United Kingdom and other parts of Her Majesty’s dominions and territories was not specifically repealed by the Foreign Judgments’ (Reciprocal Enforcement) Act 1961, Cap 1522 Laws of the Federation of Nigeria 1990 and so it still applies to the United Kingdom and to parts of Her Majesty’s dominions to which it was extended by proclamation under section 5 of the ordinance before the coming into force of the 1990 Act.” In particular, Honourable Justice Kalgo JSC (as he then was) stated at page 297 (paragraphs G – H) and page 298 (paragraphs A – B) that: “The 1958 ordinance was promulgated as No 8 of 1922 to facilitate the reciprocal enforcement of judgments obtained in Nigeria and in the United Kingdom and other parts of Her Majesty’s protection. It came into operation on the 19th of January 1922. There is no doubt therefore that it applies to all judgments of the superior courts obtained in the United Kingdom and its application can be extended to other territories administered by the United Kingdom and any other foreign country. This can be done by proclamations pursuant to section 5 of the Ordinance. Therefore the 1958 ordinance having not been repealed by the 2990 Act still applies to the United Kingdom. There is no doubt that the judgment in question was given by the High Court in the United Kingdom. Therefore the provisions of the 1958 Ordinance fully apply to it.” The implication of the Supreme Court’s decision in Macaulay is that a foreign judgment must be registered within 12 months as against the 6 years provided under the 1990 Act. More so, until the Minister makes an order in pursuance of Section 3(1) of the 1990 Act, all judgments and awards obtained from Commonwealth countries except England, Ireland, Scotland, Wales and other countries which the 1958 Ordinance extended by proclamation, cannot enforce their judgments in Nigeria by registration. With regards to the enforcement mechanism established by the Act, it is to be noted that it is very limited in scope. First, the only award which qualifies to be registered and enforced is payment of a sum of money. Second, the award, according to the law of the place where it was made, must have become enforceable as a judgment of a court and must be capable of enforcement by execution, and all these have to be proved by the Applicant. Third, having regard to the fact that the applicable law will determine the local requirements as well as procedure for registration, enforcement and setting aside of a foreign judgment registered in Nigeria, these procedural matters will be regulated by rules and the ordinance made in 1922 which are out of tune with the current realities. Ordinarily, this is a fast process but if the registration is challenged, it may become prolonged for up to a year. Enforcement under the Arbitration and

Conciliation Act (ACA), 1988 The earliest attempt at consolidating the laws on arbitration in Nigeria was in 1914 when the first statute was enacted- the Arbitration Ordinance of 1914 which applied to all the parts of the country. Expectedly, the Nigerian Arbitration Ordinance was modelled after the English Arbitration Act 1889 in view of its colonial history. Later that year the ordinance was replaced by an Act and became Arbitration Ordinance Act, 1914. In 1954, the Act applied to all the regions in the country. It is interesting to note that the application of the Act relates to both domestic and international arbitration. The extant law on arbitration in Nigeria is the Arbitration and Conciliation Act 1988. The aim of the Act is to provide a unified legal framework for the fair and efficient settlement of commercial disputes by arbitration and conciliation; and to make applicable the Convention on the Recognition and Enforcement of Arbitral Awards (New York Convention) to any award made in Nigeria or in any contracting State arising out of international commercial arbitration. Section 51 of the Act gives a blanket recognition to foreign arbitral awards while section 52 provides a simple procedure a party wishing to oppose the application may adopt. The section provide as follows: (1) An arbitral award shall, irrespective of the country in which it is made, be recognised as binding and subject to this section 32 of this Act, shall, upon application in writing to the court, be enforced by the court. (2) The party relying on an award or applying for its enforcement shall supply (a) the duly authenticated original award or a duly certified copy thereof; (b) the original arbitration agreement or a duly certified copy thereof; and (c) where the award or arbitration agreement is not made in the English language, a duly certified translation thereof into the English language. The procedural requirements mentioned in the second ambit of the section indicates that, by using the word ‘shall’ which is a legal imperative, compliance must be followed vigorously, otherwise there could be refusal to enforce the foreign award. In IMANI & SONS LTD. v BIL CONSTRUCTION CO. LTD, [1999] 12 NWLR [Pt. 630] 253 at pg 263 the Court of Appeal held that in addition to the Motion on Notice expected to be filed by the party seeking enforcement, the party also needs to adhere to the following simple requirements: 1) The Arbitration Agreement; 2) The Original Award; 3) The name and last place of business of the person against whom it is intended to be enforced; 4) Statement that the award has not been complied with, or complied with only in part. We are of the view that Nigerian Courts added items 3 and 4 above to the requirements as contained under ACA, since nothing in ACA says the last two items should be added. Reasons for these are not farfetched. Courts guard their jurisdiction jealously and would not want their judgments to be given without any effect; hence, they want to verify whether the party against whom the award is to be enforced, if a company for instance, is still a going concern. As can be seen above, registration of an award is not a pre-requisite for its recognition and enforcement under the Arbitration and Conciliation Act. However, a party seeking the enforcement of a foreign arbitral award at the Federal High Court is confronted with Order 52 rule 17 which, sadly, introduced the registration of foreign awards into the enforcement process. The rule provides that: “Where an award is made in proceedings on an arbitration in a foreign territory to which the foreign Judgment (Reciprocal Enforcement) Act extends, if the award was in pursuance of the law in force in the place where it was made; it shall become enforceable in the same manner as a Judgment given by a court in the place and the proceedings of the Foreign Judgments (reciprocal Enforcement) Act shall apply in relation to the award as it applies in relation to a Judgment given by that court.” The pertinent questions that arise are, does Order 52 rule 17 apply to all foreign arbitral

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26.07.2016

The Arbitral Women (AW) organised ! SpeedNet! a speed networking event recently, at the Taslim Elias Room of the International Centre for Arbitration and ADR, Lagos. Here are some of the prominent women in Arbitration and ADR Practice and other guests who attended the event. photos: Sunday Adigun

L ! R: Mrs. Funke Adekoya SAN, Chief Mrs. Folake Solanke SAN and Mrs. Adedoyin Rhodes! Vivour

L! R: Mrs. Folasade Alli, Mrs. Gladys Sasore, Mrs. Yejide Osunkeye, Mrs. May Agbamuche! Mbu and Mrs. Josephine Akinwunmi

L! R: Hon. Justice Bisi Akinlade, Mrs. Adedoyin Rhodes! Vivour, Mrs. Funke Agbor and Mrs. Ajoke Delano

L! R: : Mrs. Funke Adekoya SAN, Alexandra A. Kerr Meise, Chief Mrs. Tinuade Oyekunle Standing: Mrs. Adedoyin Rhodes! Vivour

Mrs. Adeola Azeez (left) and Chief Mrs. Folake Solanke SAN

L! R: Mrs. Lemea Abina, Elizabeth Olger! Gross, Megha Joshi and Mrs. May Agbamuche! Mbu

L! R: Mrs. Uwala Akpieyi, Alexandra Kerr Meise and Mrs. Sola Adegbonmire

Mrs. Obosa Akpata (left) and Chief Mrs. Tinuade Oyekunle

Mrs. Nwanne Okafor (left) and Ms. Opeyemi Akinlade

Mrs. Augustina Adebo (left) and Mrs. Jean Chiazor! Anishere

Mrs. Grace Giwa (left) and Mrs. Efunyinka Osipitan

Mrs. Kemi Eweje (left) and Mrs. Abiola Laseinde

T H I S D AY • TUESDAY, JULY 26, 2016

BUSINESSWORLD

INDUSTRY

Are Farmers Paying for Protection? Crusoe Osagie takes a look at the new agricultural policy announced by the Minister of Agriculture and wonders why farmers have to pay government to protect them

Buhari Finally, it is official. Nigeria, the largest black nation on earth and the biggest economy in Africa has slid into recession. This basically means that the economy is in a period of temporary economic decline during which trade and industrial activity are reduced, this is essentially indicated by a fall in Gross Domestic Product (GDP) in two successive quarters. At the rate at which the country is going however, more danger may lurk, with the possibility of the economy drifting into depression with all the attendant socio-economic discomfort. When a nation suffers the nature of predicament, which Nigeria’s economy currently faces, one area to watch closely to prevent the condition from degenerating is food security. With foreign exchange flow into the country declining rapidly and businesses scrambling for the limited dollar in circulation, hunger and starvation will be the inevitable consequence if Nigeria’s 160 million people would have to depend on imported food. According to statistics from the Federal Ministry of Agriculture, the country currently imports about 50 per cent of the rice consumed locally. The Minister of Agriculture, Chief Audu Ogbeh, noted: “We still import 70 per cent of the wheat, about 5 million eggs per day from South Africa and some other countries. Fish worth $600 million is imported per annum, the number is reducing because local fish production is increasing. We still import a lot of tomato paste. “We import honey to the tune of about $100 million per annum, we still import cookies and biscuits and even toothpick but all these did not happen in one day. The idea is to reduce these imports. We import a lot of milk.” With the figures given by the minister, it is obvious that a lot remains to be done in the nation’s agricultural sector to bring the country and its citizens closer to food security and gives farmers an even more important role in the nation’s economy. Recognising that farmers and agricultural enterprises should be the first priority of this government, it is therefore a no-brainer that huge support should flow to the green sector but comments and policy from the federal

Ogbeh government seem to suggest the exact opposite. A good example of the government’s insensitivity to the plight of farmers, the very people that hold the nation’s last line of defence, is the announcement of a new agricultural policy, which may likely mandate farmers to pay government extra levies for their protection and the security of their farms. After the announcement of this mindboggling policy, many Nigerians have asked if it has become part of the responsibility of tax-paying Nigerians to defend and protect themselves. New Policy Ogbe said he had already held a meeting with the Minister of Interior, Abdulrahman Dambazau, saying that government was considering various measures to protect farmers probably at the cost of the farmers themselves. The minister said kidnapping would not stop but that government was determined to protect investors. He said: “I had a meeting with the Minister of Interior, we were looking at security

In other countries of the world you may have noticed that people live on their farms, you hardly see a farmer who lives in the city, he lives on the farm with his family, you cannot do that here

situation in agriculture. Sometime last year, some gunmen went to Olu Falae’s farm, a Nigerian in status, in age and ranking and took him away and marched him around, forced him to trek ten kilometres, even carried him on their backs. “Many more farmers are coming in, including foreign investors and they stand the risk of being subjected to this kind of humiliation. “So, we are talking with Ministry of Interior that we have to put measures in place. These things are happening in other countries too, where the civil defence corps may have to train a special department to protect huge investors and investment in their farms for a fee, because kidnapping will not stop. “From the security point of view, we have to take measures to make sure that people who invest are protected. “In other countries of the world you may have noticed that people live on their farms, you hardly see a farmer who lives in the city, he lives on the farm with his family, you cannot do that here. They will come and take you, your wife and children in the name of kidnapping, we have to stop it and we have to use the legitimate instrument of state to do it legitimately because the farmer has no right to buy an AK47 to protect himself.” Self-sufficiency He also announced that the government has taken a bold step to achieve its plan to reduce Nigeria dependency on oil, as the Federal Executive Council, has approved the Agriculture Promotion Policy (2016-2009). Ogbe said the policy outlined all that needed to be done to achieve self-sufficiency in agriculture. He said: “The document is titled ‘The Green Alternative’ and it outlines virtually everything we need to do, every policy we need to undertake to achieve self sufficiency in agriculture and also to become major exporter of agriculture products. One is the roadmap for agricultural operations in the next three years, whi ch we presented to council . Is a detailed document, it outlines our policies and our objectives in trying to see agriculture as the next big-

gest alternative in our drive to diversify the economy of this country. “We are working hard on the staples to satisfy local production and we are fully aware that there is a major concern in the country for food self-sufficiency in the country and that there is crisis in many families as a result of serious shortage of food. “But we are working hard and thank God that ours has not become as bad as one South American country, which was also a major oil producing country, by that I mean Venezuela which situation is definitely a 100 times worse than ours. “But the point is that where we are going we believe that in a short while, another year and half in the maximum we should be reasonably self-sufficient in grains like rice, maize, beans, we may not achieve everything in wheat but we will be very close to our targets. Other things are also there in the roadmap. That is what council endorsed this afternoon. ” “The council also appealed to other state governments that can afford to take over federal roads to lessen the burden on federal government, to enable them repair and maintain road as quick as possible, so that they don’t go into total deterioration. ” Speaking further on the the crisis between herdsmen and farmers, the agric minister said a pilot programme was being planned in the Federal Capital Territory to stop cows being moved around. He said: “We have got very good seeds of grass which we are going to start planting. Eventually and in the next one year, I hope we shall move most of our cows into ranches and reserves depending on different terminologies people want to hear. “Some people don’t want to hear about grazing reserves and government has no intension of forcing anyone to surrender one inch of land. “Some states are willing, we shall develop these things in their domain, cows, will move in there, they will be given best grass for cattle. Most of these grasses contain 18 per cent protein and amino acid, so the cows can feed well, have the good water to drink and give us the best milk and beef.”

T H I S D AY • TUESDAY, JULY 26, 2016

BUSINESSWORLD

SMALL BUSSINESS SOLUTIONS

Making Millions from Plastic Recycling There is rapid increase in the population of Nigeria. From the data available to us the present figure is estimated at over 180million as the end of 2015 and increase from about 140million people as at 2006 census. As the human population continues to increase, the quantity of solid wastes generation also increases. With rapid increase in population within urban cities there is need for efficient and modern technology for the management of wastes. Recycling of waste plastics is one of the best technologies to avoid environmental air pollution from burning the plastics. The proposed project is deemed necessary considering the rapid increase of virgin resin materials from between N7,500- N8,500 per bag of 25kg in June, 2015 to between N19,700 and N20,500 per bag of 25kg bag of resin in the period of June 2016. The proposed project will produce recycled plastic products that will now complement with the virgin materials to reduce costs of raw materials in production of various types of plastics. Plastic recycling (also known as regrind) is the process of recovering scrap or waste plastic and reprocessing the material into useful products, sometimes completely different in form from their original state. Since plastic is non- biodegradable, recycling it is a part of global efforts to reduce plastic in the waste stream, especially the approximately eight million metric tons of waste plastic that enter the earth’s ocean every year. This helps to reduce the high rates of plastic pollution. Plastic recycling includes melting down plastic water/ soft drink bottles and then casting them as plastic chairs and tables. Plastics are also recycled during the manufacturing process of plastic goods such as polyethylene film and bags. A percentage of the recycled pellets are then re-introduced into the main production operation. This proposed project will therefore • Collect waste plastics from the public via scavengers • Treat & Recycle the waste plastics • Utilize the treated recycled wastes in production

as well as • Bag and Sell off the recycled plastics granules to other plastic production plants Investors can engage some youths into gathering of the wastes and sell the wastes plastics to the recycling plant for a price. The proper recycling of plastics will go a long way in reducing the level of environmental effect caused by blockage of drainages by nondegradable plastics such as water bottles, PET Bottles from soft drinks and other beverages. When one looks closely at some drainage channels and lagoons within Ogun and Lagos State, lots of blockages is caused by waste plastics. The main economic advantages of this project, Reduction of Municipal Solid Wastes, Increase of value added refuse; Reduction of environment and social problems at the disposal site; Utilization of Municipal Solid Wastes to generate domestic and commercial plastic products, Improvement of Municipal Solid Wastes management services and Creation of employment opportunities for Nigerian young graduates. The Project could be located anywhere in the country. It is advisable to locate the project in areas where raw materials (waste plastics), is in abundant. Urban and commercial areas should be considered. For instance from records, Ogun state Waste management Authority, over 3,000tons of wastes are generated within the state on daily basis; while in Lagos over 9,000metric tons of wastes are generated on daily basis. There are tendencies of further increase as the two states record rapid increase in population on daily basis. The project could be embarked upon by individuals, corporate organizations, and state & local governments. Apart from the basic required raw materials, we took adequate cognizance of other relevant factors like availability of electricity, transportation and manpower and market for the products. The major target markets are plastic producing companies. There are many plastic companies that are readily available to purchase the recycled

Machine

Qty. Reqd.

Cleaning machine

Drying machine

Feeder

Crushing Machine

Laundry Drier

Palletizing machine

1 set

products. The demand for recycled plastic materials is very high. The demand has been on an increase. From our research the increase in demand is as a result of the increase in the virgin resin materials. Due to high exchange rate( from N190/ $ to N350/$ between June 2015 to June 2016, the price of resins jumped up from between N9,000 and N9,500 per bag of 25kg to N19,000 to N19,500 per bag of 25kg. The demand for raw materials for production of plastics has a correlation with the total demand for plastics. The higher the quantity of plastics demanded, the higher the quantity of raw materials (including recycled raw materials) required to sustain production. Based on our records, plastic products enjoy nationwide demand and patronage. In fact it is one the fastest selling consumer goods in the country today. This is because of the nature of the usage of the product. For instance, whenever there is a need to buy other consumer goods, the first step is to buy a plastic material. Its demand has a relationship with the level of demand for the raw materials required for their production. The product is demanded all year round and is not affected by season particularly in most industrial packaging. Based on our Research, there are about four major companies that are into waste

nylon/plastics recycling plants in Nigeria. For the Plastic Recycling plant, we require the following machines:The machines will be procured, installed and test-run for prospective investors on demand. The production process is very simple as follows:• Heat the Machine • Feed the waste plastics • The machine will automatically crush the waste plastics • Wash the ground plastics • Then the drying machine will dry automatically. • The products are then packaged in 25kg Bagco super bags and ready to be sold or used in the factory Financial implication and investment appraisal The takeoff cost of this project varies depending on the level and capacity the promoters intend to run. The actual cost will be established via the feasibility studies, putting into consideration the location of the proposed project. Financial analysis carried out indicated that the project is very profitable. The raw material is almost zero cost comparing to the income from the processed wastes. The income in the first year is N1.05billion which increased to N1.9billion. The cost of production is N566.0million in the first year and N940.05million in the 5th year of operations. The cash flows is very impressive and the payback period is between and 1 and 2 years of operations. The return on investment is 285% within the first five years of operations. For details on preparation of comprehensive & bankable feasibility studies/ report, sourcing & installation of quality & durable machines; Recruitment & Training, Sourcing of Investment funds, please contact the writer. Uba Godwin Global Trust Consulting, 56, Ishaga Road (1st floor), Surulere, Lagos Tel: 08034494437, E-mail: ubagodwin@yahoo. com

FG Denies Awarding Contract for Egg Production The Federal Ministry of Agriculture and Rural Development has debunked the purported claim by a civil rights group, Centre for Social Justice, that it entered into a contractual agreement on egg production in the country. In a statement issued to THISDAY, the ministry stated that no contract was awarded to any company or business organisation for the purpose of egg production, insisting it only signed a Memorandum of Understanding (MoU) worth N25 billion on National Egg Production (NEGPRO) scheme, with Tuns Farms Nigeria Limited. The statement however advised Nigerians to disregard the threat and outbursts of a group acting under the pretext of fighting in public interest by trying to sue the Honourable Minister of Agriculture and Rural Development, Chief Audu Ogbeh, over a purported N25 billion egg production contract he was said to have awarded to a firm. The statement added that NEGPRO scheme involves many farmers who are in the business of egg production, stressing that the selection of Tuns Farms to lead the group of farmers was based on certain criteria, essentially anchored on the track records of performance. According to the statement, under the terms of the deal, Tuns Farms will recommend eligible entrepreneurs to access the N25 billion facility as well as endorse their loan require-

ments and application, and monitor their activities within the scheme. It added that the Bank of Industry (BOI) has a role in providing finance for the takeoff of the scheme an initiative aimed at increasing egg production in the country to about 50 million table eggs daily by 2018, stating that the scheme, which would be funded by BoI, would create one million jobs at full capacity. “ As said by the chairman of Tuns Farms, Chief Tunde Badmus, during the MoU signing ceremony: “The beauty of it is that the loan under this programme is single digit, so we are not paying any higher interest due to the support from the Ministry of Agriculture. So, with that, to create one million employments to produce about 50 million eggs and also to have sufficient eggs and both eggs for the school children meal in the country, and that is what it is all about. And to make sure that every local government is made to be able to produce eggs in the school children programme.” chairman of Tuns Farms, The statement also gathered that under this private sector~led initiative, the company will recommend standard specifications and costing for the scheme, monitor activities of entrepreneurs involved in the scheme, support Boi through the National Technical Committee in the selection process of commercial banks to disburse and recoup the N25 billion anchor

borrower facility from the Central Bank of Nigeria (CBN) as

well as select entrepreneurs and stakeholders across the country

for recommendation to the Technical Committee for final

ratification and appointment to participate in the scheme.

CUSTOMER SERVICE IN THEIR MINDS

L-R: Deputy Director, Consumer Protection Council, Joshua Yakubu; Customer Experience and Analytics, Haritage Bank; Pamela Edozie; Managing Director, Nigeria Customer Services Award Limited, (NCSA), Aliyu Ilias; Head, Marketing and Communications, NCSA, Peter Ayewoh; and Head, Business Development, NCSA, Ezinne Nweke, during the breakfast meeting with customer service heads in Nigeria in Lagos...recently

Presco’s Turnover Surges Despite Forex Challenge Presco Plc has stated that it experienced a profita ble year despite the harsh business environment crippling local and foreign investments in the country, especially the forex scarcity. The Chairman of Presco Plc, Pierre Vandebeeck, stated this while addressing shareholders during the company’s 23rd annual general meeting (AGM) in Benin, Edo State.

He said during the period under review, the company recorded a turnover of N10.448billion as against N9.138billion, resulting in Profit After Tax (PAT) of N2.231billion, noting that the company continues to reap the dividend of “her expansion programme of the previous years”. Vandebeeck, said the growth led to a proposal by the board of Presco Plc to pay a

dividend of 100kobo per share, amounting to N1billion for the year ended December 31, 2015, which also got the approval of its shareholders. According to him, the dividend warrants will be posted on the July 21, 2016 to shareholders “whose names are on the register of members at the close of business on Friday July 1, 2016”. The chairman said: “The

performance of the year 2015 was very good. We achieved a total of fresh fruit bunches (ffb) production of 176,477 tonnes as against 162,076 tonnes in the previus years, crude palm oil produced was 39,328 tonnes compared with 27,586 tonnes of the year 2014 and refined, bleached, deodorised oil of 29.159 tons compared with 25,279 tonnes of the year 2014.”

T H I S D AY • TUESDAY, JULY 26, 2016

PROPERTY & ENVIRONMENT Odigha Detained for Opposing CRS Super Highway, says Family The family of an environmentalist, Mr. Odigha Odigha says he was detained for opposing the Cross Rivers State Government’s proposed construction of a super highway through a forest reserve. However, the government says he was detained by the police based on a petition from the state’s Forestry Commission on allegation of fraud committed when he was its CEO, reports Bennett Oghifo

he distraught wife of Mr. Odigha Odigha, an environmentalist, told associates and friends that the Cross River State Governor, Senator Benedict Ayade ordered the police to detain her husband ostensibly for his vociferous condemnation of a proposed super highway Odigha accused the governor of proposing to build across a forested area. Odigha was released on bail last Friday and was asked to report to the police yesterday. As at press time it was unclear what the government intends to do about the petition. However, the Chief Press Secretary to the governor, Mr. Christian Ita informed THISDAY that it was ridiculous to drag the name of the governor and the super highway project into the matter because it was about allegation of fraud in the Forestry Commission, where he was the chief executive officer. “Mr. Odigha is not the only person campaigning against the super highway and he is not even at

Ayade

the fore of the campaign. Why were the others not detained?” Corroborating this, Odigha’s Lawyer, Mr. Gideon Onwoka said he was told the environmentalist was detained because of a petition by Forestry Commission, following an audit report that Odigha allegedly misappropriated

over N100 million and that he did not explain how he spent the estacode he received for his various travels. “They said the Attorney-General sent a petition to the police and that was the reason Odigha was arrested. We secured his release on Friday and they asked him to report on Monday (yesterday),” Onwok said. Regardless, his associates insisted that Odigha’s travail had nothing to do with some audit investigation carried out at the State Forestry Commission. “These, we know, are mere trumpedup charges orchestrated by the powers that be who are uncomfortable about his resistance of the super highway project and land grabbing schemes of the present administration.” The super highway... President Muhammadu Buhari lauched the 260-kilometre Calabar-Kastina-Ala Super Highway road project, last October. According to the president, the road which will link south-south and northern parts of the country,

when completed, would also ensure a reduction in travel time and man-hour. He said that the project was a significant milestone in the economic transformation agenda of the state. Governor Ayade said, “the 260km super highway will serve as an evacuation corridor from the seaport. It will have a track of 14metres and a key wall of 680 metres that will allow for vessels from outside and every other vessel to berth. It will, therefore, provide an evacuation corridor for vessels, material and equipment lying in Calabar uniformly, effortlessly to Northern Nigeria.” The existing federal road, the governor said would require up to five to six hours to get to Benue State from Calabar but that with the construction of this super highway, only one hour, 30 minutes would be spent. “What is special about this super highway? It is that we have internet connectivity all through the highway, a photographic solar system with a satellite antenna.

Over 28% of Residents in Nigeria Still Practice Open Defecation, Says FG Bennett Oghifo

fficial records state that 28.7 of the population of people in Nigeria still practice open defecation. Only 34 per cent of people have access to improved sanitation facilities, 30 per cent have access to shared facilities, and 46.1 per cent to non-improved. Minister of Water Resources, Engr. Suleiman Hussaini Adamu gave these statistics in his presentation ‘National Priorities on Sanitation and Hygiene’, at the Water Supply and Sanitation Consultative Council (WSSCC) Stakeholders’ Consultation Workshop in Abuja, recently. Also present at the workshop, were a representative of the Minister of Environment, Mrs. Amina J. Mohammed, Chair, WSSCC; Wash Ambassador and WSSCC Global Steering Committee Member, Engr. Ebele Okeke, a former Head of Service of Nigeria; Liz Wamera, WSSCC Geneva; WSSCC National Coordinator-Nigeria, Priscilla Achakpa; Members of WSSCC; and CSOs. According to the Minister of Water Resources, Engr. Suleiman Hussaini Adamu, lack of WASH (water, sanitation and hygiene) affects development and the economy, adding that WASH provides opportunities for every child to develop. Regrettably, Adamu said 272 million school days were lost each year due to diarrhoea; 400 million school children have diminished learning abilities due to intestinal worm infections and that a girl could miss up to 10-20% of her school days. Quoting UNICEF, the minister said, “Poor sanitation costs Nigeria the equivalent of 1.3 per cent of GDP.” He explained that $243 million is lost each year in access time, because each person, practicing open defecation, spends almost 25 days a year finding a private location to defecate, leading to large economic losses. “This cost falls disproportionately on women, as daughters who may spend additional time accompanying young children or sick or elderly relatives. This cost is likely to be an underestimation, as those without toilets, particularly women, will be obliged to find a private location for urination as well.” The records also show that millions of dollars is lost to productivity losses while sick or accessing healthcare.

L-R: Minister of Water Resources, Suleiman Hussaini Adamu; Technical Officer – Directorate, WSSCC, Geneva, Elizabeth Wamera; and a top official of government, at the WSSCC Stakeholders’ Consultation Workshop in Abuja... recently

The minister noted that there was movement from modest aspiration under MDG to universal access under SDG, adding that MDG Goal- 6: is to ensure availability and sustainable management of water and sanitation for all by 2030, stating the “Vision for Nigeria: All Nigerians everywhere have sustainable access to water and sanitation by 2030.” Adamu stated that current efforts being made included, resource mobilisation for the sector through the Global Sanitation Fund for RUSHPIN implementation; Development of the National Roadmap for Making Nigeria Open Defecation Free by 2025; Conceptualisation of PEWASH as a strategy for sector coordination and implementation of the National Roadmap through resource mobilisation from governments, donors, private sector, communities and households; Establishment/ Strengthening of appropriate institutions at national and sub-national levels for effective implementation and coordination of sanitation delivery (NTGS, STGS, LTGS, RUWASSA, LGA WASH Dept, WASHCOMs, etc); and Establishment of learning and sharing platform (e.g Roundtable Conference on CLTS, etc).

Plans underway, he said are: Harmonisation of Sanitation Policies and domestication at sub-national levels; Incorporation of CLTS and other emerging sanitation approaches into school curriculum, including higher institutions (Colleges of Health Technology/Polytechnics & Universities); Promotion of visibility for Sanitation through documentation/Human Interest Stories and Media campaign; and Advocate for increased investment for scaling up of successful models across the country. On RUSHPIN (Rural Sanitation and Hygiene Promotion in Nigeria) Appraisal, he noted the WSSCC’s Global Sanitation Fund grant of $5m for implementation of sanitation programme; Development of Rural Sanitation and Hygiene Promotion in Nigeria (RUSHPIN) programme; Implementation covers six LGAs in Benue and Cross River States, stating that the programme is proving to be a model for up-scaling rural sanitation and that advocacy for contribution of counterpart funds by Federal, State and Local Governments were ongoing. The minister listed the Partnership for Expanded Water Supply, Sanitation, and Hygiene (PEWASH) 2016 – 2030: Goal and Objective. He said the Goal is: To contribute to improvements in public health and eradication of poverty

in Nigeria through equitable and sustainable WASH interventions and that the Objective is: “To prioritise the achievement of 100% access to water supply and improved sanitation in rural areas by the year 2030, and eliminate open defecation by 2025 (within the SDG 6). On the proposed direction for WSSCC in Nigeria, he said it would serve as sectorial knowledge management hub for sanitation; Support national media campaign on sanitation and hygiene; Provide/secure more grant for the sector to scale-up RUSHPIN Programme to more States and LGAs; Support investment in water supply component; Provide technical guidance on emerging sectorial issues such as Menstrual Hygiene Management and Sanitation. “The contribution of the WSSCC through the Global Sanitation Fund grant is very helpful and appreciated; Our Ministry is receptive and welcome future sector collaboration; and we are totally combined to actualising the realization of the SDG 6 towards providing sustainable water supply and adequate sanitation for the wellbeing of our citizens,” the minister said. In a keynote address, the Chair, Steering Committee, WSSCC, and the Minister of Environment, Ms Amina Mohammed said, “As part of my Ministry’s Clean and Green Campaign, we are promoting ending open defecation in urban cities with particular focus on public spaces. “Diseases resulting from poor sanitation and hygiene are one of the leading causes of death in children in Africa and indeed the cause of many preventable deaths across all age groups within our communities. The Federal Ministry of Health is therefore a very important stakeholder and has public health programmes supported by the World Health Organisation. It has a mandate to promote improved sanitation and good hygiene practices to ensure the wellbeing of the nation.” She said UNICEF has provided support to the National Bureau of Statistics in the collection of data that gives us an excellent platform to know where we are coming from, where we are, what we can achieve and the timeframe for us to achieve our goals. The UNICEF supported Multiple Indicator Cluster Surveys (MICS) undertaken in the past and the currently on-going MICS for 2016 are all indispensable tools for the sanitation agenda.

T H I S D AY • TUESDAY, JULY 26, 2016

PROPERTY & ENVIRONMENT

NSE Wants COREN Abolished, Replaced With Chartered Body Chineme Okafor in Abuja The Nigerian Society of Engineers (NSE) has disclosed that it is currently working with the National Assembly to promulgate a law which will abolish its existing regulatory and compliance arm, the Council for the Regulation of Engineering in Nigeria (COREN) and then set up a fresh chartered body to replace it. NSE said the body to emerge from COREN’s imminent abolition will be known as the Nigerian Society of Engineering Personnel (Chartered), and that it will amongst other

responsibilities take up the regulation; control; enforcement; and determination of the standard of knowledge to be attained by people seeking to become registered and chartered engineering personnel and other connected purposes in the country. The society stated at the weekend in Abuja when it conferred fellowship titles on 20 of its members that COREN as presently constituted has not lived up to the purpose for which it was set up in 1970. It said it was for reasons which include operational and industry anomalies; consistent

drop in regulations and standards; neglect of accreditation responsibilities; all of which results to societal disregard for the engineering profession and professionals that it wants the COREN to give way for the chartered body. The President of NSE, Otis Anyaeji stated at the occasion that it was an opportunity for the profession to reinvent itself to be able take its position in the development matrix of Nigeria. Similarly, the chairman board of fellows of NSE, Chris Okoye in his remarks said members of the association were favourably

disposed to the option, and that it has already started work with the National Assembly to fulfil the legal requirements for the repositioning. A presentation made by a member of the NSE, Prof. Simon Irtwange on the repositioning plan indicated that the proposed bill will provide a framework for the proper operations of other members of the engineering family that have been neglected under the present arrangement. Irtwange explained in the presentation that when implemented, the chartered body will take into consideration

the existence and relevance of affiliate bodies such as the Nigerian Association of Technologists in Engineering (NATE); Nigerian Society of Engineering Technicians (NISET); Nigerian Association of Engineering Craftsmen (NAEC); and Association of Consulting Engineering in Nigeria (ACEN). He noted that these bodies have been sidelined in the present configuration where COREN is expected to show some levels of direction to the profession in terms of regulation on standards. “The functions of COREN shall be taken over by the

Nigerian Society of Engineering Personnel (Chartered) thus effectively bringing the lamentations of the Nigerian engineering personnel since the first NSE conference in 1968 to an end. “It is envisaged that the Charter for the Nigerian Society of Engineers and profession in Nigeria will fast track change along the lines of professional development; radically improved engineering education and training for the overall benefit of the country’s techno-economic development,” Irtwange said in his presentation.

10th Abuja Housing Show Records High Turnout of Participants The Housing and Construction Industry Exhibition stands at the ongoing 10th Abuja Housing Show (AHS) have recorded a high turnout of participants from within and outside Nigeria. The News Agency of Nigeria (NAN) reports that exhibition of affordable homes, innovative building materials, construction machinery, mortgage services and home interiors, among others are on display by both local and foreign exhibitors. The show, which is the largest in West Africa, is organised by FESADEB Communications Ltd., a leading media outfit in the Nigeria Housing/Construction Industry and owners of housing programmes on AIT, NTA, RAY Power and Publishers Housing NEWS . The 2016 edition was declared open by the Nigerian Senate President, Dr. Bukola Saraki and was attended by Kano State Governor, Minister for Power, Works and Housing, Barr. Babatunde Fashola SAN, Minister of State for Environ-

ment , Jibrin Ibrahim, many senators and 23 commissioners of Housing from various State of the Federation. The Speaker of the House of Representative, Hon. Yakubu Dogara was represented by Hon. Mustapha Dawaki, Chairman House Committee on Housing, Also at the event was Turkey ambassador to Nigeria The Home Expo featured Exhibitors from 10 Countries and major stakeholders from different area of the Nigeria Housing Industries including Mortgage Banks, Commercial Banks, CBN, Bank of infrastructure, African Development Bank, Home Interior Company, Estate Development Companies,Professional Bodies and heads of Housing Related Agencies. Some of the exhibitors and participants, who spoke to NAN described the show as an avenue to embrace the latest technologies in the housing and construction industry with innovative ways of expanding access to housing in the sector.

How The Wings inspires Future of Real Estate in Nigeria Fadekemi Ajakaiye Corporate elites scouting for prestigious office locations in Lagos face the challenge of making the best decision on what to settle for due to an array of exciting choices. 3Invest Limited, a real estate investment company, notes that this keen competition has created room for developers to be unique by offering a richer and more profitable office space for their clients and occupiers. The real estate firm, in its ten-point appraisal of The Wings Tower, a grade ‘A’ office complex located at the Ozumba Mbadiwe Avenue, Victoria Island, Lagos, says this rush for uniqueness will enhance better service delivery and offers inspiration for the future of real estate in the country. The Wings Towers comprises 27, 000 m2 of ultramodern, quality office space across 12 floors, which overlook the Five Cowrie Creek. Sharing the benefits of The Wings, the Chief Executive of 3Invest Limited, Ms. Ruth Obih, said, “With an increasing supply of office space into the Nigerian

office market, it has become imperative for developers to differentiate their products by offering a richer and more profitable experience to their occupiers and clients.”“This competitive advantage makes it easier for decision makers in top organisations to select these buildings in meeting their real estate needs.” According to the firm’s appraisal, observers always ask why The Wings is more unique and what differentiates it from other grade ‘A’ office spaces in Nigeria’s economic nerve centre. To these questions come these answers: Location is a key factor for real estate investments. The Wing’s superb location in the north-eastern corner of Victoria Island, on OzumbaMbadiwe, puts its occupiers literally minutes away from the former commercial centre of Lagos Island, Eko Bridge for Mainland access, Awolowo Road, Osborne Road and Third Mainland Bridge all via the vital Ring Road – providing excellent connectivity between the islands and main routes to the mainland.

L-R: Convener, Abuja Housing Show, Festus Adebayo; Senate President, Sen. Bukola Saraki; National Organising Secretary, APC, Osita Izunaso; Kano State Governor, Abdullahi Umar Ganduje; and Minister for Power, Works and Housing, Babatunde Raji Fashola, at the opening ceremony of the 10th Abuja Housing show... recently

Nigerite Advocates DryEagle Hospitality, Starwood building Tech against Building HotelsSignN10bManagement Collapse Pact Dele Ogbodo in Abuja The management of Nigerite, one of Nigeria’s foremost housing components solution providers, has advocated the adoption of dry building technology as a way of stemming the incessant collapse of buildings across the country. The company’s Head of Business Development, in Abuja, Mr. Danladi Mwantok hinted, at the just concluded Housing Expo, which held in Abuja, that the dry technology which is a move away from wet construction using steel and other locally pre-engineered manufactured materials that can stand the test of time. According to him, Nigerite remains one of Nigeria’s foremost housing components solution provider with the recent show-case of its products using its innovative dry building technology into the Nigeria’s housing market. Mwantok, who intermittently took time while answering reporters’ questions to attend to excited visitors at its stand, explained that the technology will take builders away from the wet process into a dry process which is lighter, safer and cost effective. According to him, the wet process ends at the foundation level, while at the DCP level,

the dry contruction takes over with steel frames coupled with perfect cladding to finishing, he said. He said: “This exhibition which attracted top government officials, stakeholders in the housing delivering chain: architects, engineers, builders and surveyors. Consumers and buyers of housing components afforded consumers to see assorted arrays of our finishing housing component displayed by his company.” On the challenge of housing deficit across the country, he said: “First of all, this new construction technique is fast in terms of building delivery, bearing in mind, that we have a lot of challenges of housing deficit in the country, we therefore need houses that wil be built within a short time. “This technology guarantees stability of the houses because it is a pre-engineered system. All the forces that come on a building have been considered in the design as it is a very stable building construction innovation.” Speaking further, he said: “Almost all our products are locally made, we recognize that and we fall in line with the direction of government in encounraging local content like our workforce and the materials that we use.

Eagle Hospitality and Leisure Limited has entered into a management agreement with Starwood Hotels and Resorts Worldwide for the establishment of Four Points By Sheraton Hotel in Benin City, Edo State estimated to cost $29million (about N10 billion). The historic signing ceremony, which took place on Tuesday at the Sheraton Hotel & Towers Ikeja, Lagos was witnessed by stakeholders including Mr. Chris Oshiafi, Group Managing Director, PanAfrican Capital Plc, Mr. Eric Okoruwa, Executive Director, PanAfrican Capital Plc, Mr. Dominic Isunuoya, Director Eagle Hospitality & Leisure Limited, Mr. Victor Enoghama, Director, Eagle Hospitality & Leisure Limited and Mr. Ludwig Bouldoukian, Director, Acquisition & Development, EAME Division, Starwood Hotels and Resorts Worldwide. Eagle Hospitality and Leisure Ltd was established by Keynes Private Equity Ltd under its KPE Hospitality fund II for the execution of the Four Points By Sheraton Hotel, Benin project for which PanAfrican Capital Plc serves as financial advisers. Keynes Private Equity Limited with other investors own Eagle Hospitality and Leisure Ltd. Isunuoya explained that Eagle Hospitality and Leisure

Limited is building a 4 star hotel in Benin City which will be operated by Starwood Hotels and Resorts Worldwide Incorporated, using the Four Points by Sheraton Brand. This is one of their top brands and it is a fast growing brand which is meant to cater for the needs of all cadres of the society. Starwood Hotels and Resorts Worldwide incorporated is one of the leading hotel and leisure companies in the world and it owns, operates and franchises such renowned brands as Le Meridien, Sheraton, St Regis, The Luxury Collection, Tribute Portfolio, Aloft etc. Isunuoya further described the management agreement as historic, saying “we are quite pleased that we have reached the milestone. It is an indication of so many other things that need to be done. This is just the first step. We are going to bring the consultant to site to commence work on the project. We have already done one, this is the second one we are doing but this is the first we are doing with a big international brand like Sheraton (Four Points). I think for us, it is an indication of the faith we have in the economy, because at this stage, we are talking about employment opportunity this project will generate.”

TUESDAY JULY 26, 2016 T H I S D AY

TUESDAY JULY 26, 2016 • T H I S D AY

INTERNATIONAL Turkey Detains 42 Journalists in Crackdown

email:foreigndesk@thisdaylive.com

Turkey has ordered the detention of 42 journalists, broadcaster NTV reported, under a crackdown following a failed coup that has targeted more than 60,000 people, drawing fire from the European Union. The arrests or suspensions of soldiers, police, judges and civil servants in response to the July 15-16 putsch have raised concerns among rights groups and Western countries, who fear President Tayyip Erdogan is capitalising on it to tighten his grip on power. EU Commission President, Jean-Claude Juncker, questioned Ankara’s long-standing aspiration to join the EU. “I believe that Turkey, in its current state, is not in a position to become a member any time soon and not even over a longer period,” Juncker said on French television France 2. Juncker also said that if Turkey reintroduces the death penalty something the government has said it must consider, responding to calls from supporters at public rallies for the coup leaders to be executed - it would stop the EU accession process immediately. Turkey abolished capital punishment in 2004, allowing it to open EU accession talks the following year, but the negotiations have made scant

progress since then. Responding to Juncker’s comments, Turkish Foreign Minister Mevlut Cavusoglu told Haberturk TV that Europe cannot threaten Turkey regarding the death penalty. Erdogan has declared a state of emergency, which allows him to sign new laws without prior parliamentary approval and limit rights as he deems necessary. The government has said these steps are needed to root out supporters of the coup and won’t infringe on the rights of ordinary Turks. NTV reported that among the 42 journalists subject to arrest warrants was wellknown commentator and former parliamentarian Nazli Ilicak. State-run Turkish Airlines said it had fired 211 employees, citing their links to a religious movement Erdogan has blamed for the attempted putsch. Erdogan accuses U.S.-based Muslim cleric Fethullah Gulen, who has many followers in Turkey, of masterminding the coup plot. In his first decree since the state of emergency was declared, Erdogan ordered the closure of thousands of private schools, charities and foundations with suspected links to Gulen, who denies involvement in the coup.

Gulen, who has lived in self-imposed exile in the United States since 1999, says the coup may have been orchestrated by Erdogan himself. Turkey wants the United States to extradite the cleric. Washington has said it will do so only if there is clear evidence. Foreign Minister Cavusoglu said that ties with Washington will be affected if it fails to extradite Gulen. He said he would hold meetings with political and judiciary officials during a coming visit to the

United States. Erdogan has accused Gulen, his former ally, of attempting to build a “parallel network” of supporters within the military, police, judiciary, civil service, education and media with the aim of toppling the state. “They are traitors,” Erdogan told Reuters in an interview last week. He described Gulen’s network as “like a cancer” and said he would treat them like a “separatist terrorist organisation” and root them out, wherever

they may be. Gulen denies the allegations. Prime Minister Binali Yildirim said on Saturday that authorities had taken around 13,000 people into custody over the coup attempt, including 8,831 soldiers. He promised they would have a fair trial. The officers accused of staging the coup will stand trial in an Ankara district laden with symbolism for Turkey’s recent history - the scene of an army show of strength before

a “post-modern coup” ousted its first Islamist-led government in 1997. Rights group Amnesty International said it had received credible evidence of detainees being subjected to beatings and torture, including rape, since the coup attempt. Erdogan has extended the maximum period of detention for suspects from four days to 30, a move Amnesty said increased the risk of torture or other maltreatment of detainees.

Syrian Blows Himself up outside German Music Festival A 27-year-old Syrian man denied asylum in Germany a year ago blew himself up on Sunday outside a crowded music festival, injuring 12 people in the country’s fourth violent attack on members of the public in less than a week. A spokeswoman for the Bavarian state police force said on Monday it was unclear whether the man was an Islamist militant, and that investigations were continuing. German newspaper Die Welt quoted Bavarian Interior Minister Joachim Herrmann earlier as saying: “My personal view is that it is unfortunately

very likely that a real Islamist suicide attack took place here.” The incident, on top of three other attacks since July 18 that left 10 people dead and 34 injured, will fuel growing public unease about Chancellor Angela Merkel’s open-door refugee policy. More than a million migrants have entered Germany over the past year, many fleeing war in Afghanistan, Syria and Iraq. Police said three of the 12 wounded were in a serious condition after the attack in Ansbach, a town of 40,000 people southwest of Nuremberg that has a U.S. Army base. The dead man had been in

treatment after twice before trying to kill himself, though Sunday evening’s explosion was more than just “a pure suicide attempt”, Herrmann told Reuters. An Islamist link could not be ruled out, he told reporters earlier. “It’s terrible ... that someone who came into our country to seek shelter has now committed such a heinous act and injured a large number of people who are at home here, some seriously,”Herrmann told a news conference early on Monday. “It’s a further, horrific attack that will increase the already growing security concerns of our citizens. We must do everything

possible to prevent the spread of such violence in our country by people who came here to ask for asylum.” Herrmann told Reuters the recent attacks raised serious questions about Germany’s asylum law and security nationwide. He planned to introduce measures at a meeting of Bavaria’s conservative government on Tuesday to strengthen police forces, in part by ensuring they have adequate equipment. Herrmann said the Syrian asylum seeker arrived in Germany two years ago and had been in trouble with local police repeatedly for drug-taking and other offences.

Obama’s Brother Says to Vote for Trump in US Election President Barack Obama’s halfbrother, Malik Obama, says he will vote for Republican nominee Donald Trump in the U.S. election in November because he likes the

candidate and he is unhappy with his brother’s leadership. Malik, who is in his 50s, told Reuters by phone from Obama’s ancestral home of Kogelo in western Kenya that he

supports Trump’s policies, especially his focus on security. “He appeals to me and also I think that he is down to earth and he speaks from the heart and he is not trying to be politically correct. He’s just straight-forward,”he said. Malik, a U.S. citizen, has lived in Washington since 1985 where he worked with various firms before becoming an independent financial consultant. Trump’s stance against Muslims coming in to the United States was understandable even to Muslims like himself, Malik said. “I’m a Muslim, of course, but you can’t have people going around just shooting people and killing people just in the name of Islam,”he said. He criticised President Obama’s record in the White House saying he had not done much for the American people and his extended family despite the high expectations that accompanied his election in 2008, both in the United States and Kenya. The two men appear to have drifted apart but were previously close. Malik has visited the president in the Oval office and was also best man at Barack’s wedding. Obama’s election created much excitement in Kenya especially in Kogelo village where their father was born before going to study at the University of Hawaii. Obama visited Nairobi, in the first ever trip by a sitting U.S. president to the East African nation last July, and promised to visit more often when he leaves office. Malik defended his right to criticise his brother, citing freedom of expression.”To each his own. I speak my mind and I’m not going to be put in a box just because my brother is the President of the United States,” Malik said.

TUESDAY JULY26, 2016 • T H I S D AY

NEWSXTRA

Iranian Investors Storm Nigeria

Buhari says Nigeria understudying Iranian diversification model

Tobi Soniyi in Abuja Not less than 70 Iranian investors and businessmen are presently in Nigeria scouting for potential areas to put their resources. The investors are already holding discussions with a view to investing in sectors like banking, education, scholarship, agriculture, energy, tourism and technology development. This was contained in a statement issued yesterday in Abuja by the Special Adviser to the President on Media and Publicity, Mr Femi Adesina. Adesina cited a Special Envoy from the President of Islamic Republic of Iran, Mohammad Javad Zarif, who met with President Muhammadu Buhari at the State House. Zarif, who is also the Iranian Minister of Foreign Affairs, said the Iranian government would support the ongoing restructuring of the Nigerian economy. He said: “We are very keen to see a better and stronger relationship with Nigeria, which is the largest country (population) in Africa and a major global player. Zarif said he came into Nigeria with a delegation of more than 70 members

of the Iranian business community who had already started discussions in investing in sectors like banking, education, scholarship, agriculture, energy, tourism and technology development. Earlier, President Buhari had said the federal government would work to ameliorate the challenges faced by the Nigerian economy within a short period by under studying the experiences of countries like Iran which thrived in adversity. Buhari said the Iranian economy remained an inspiration for Nigeria in the deployment of technology to harness and export gas, grow food for the populace and promote entrepreneurship in education. He said: “The progress made by Iran within a short period of 30 years is really commendable. Within the period, you have been able to harness gas flaring, and you are now exporting. You have recorded strides in security, manufacturing, agriculture and technology. “You have also achieved a lot in nuclear research. I must also congratulate you for successfully negotiating with America and the European countries on

the development of your nuclear energy.” The president noted that Nigeria has all the potential for growing into a great economy through

more inclusive planning, consistency in government policies and commitment to the realisation of development targets. “In Nigeria, we are

learning. We are learning the hard way through hardship, and we are learning very quickly on how to explore other sectors of the economy like gas, solid minerals and

agriculture for growth. “We are grateful for your support and cooperation in opening up the Nigerian economy for diversification,’’ Buhari told the envoy.

LABOUR STAKEHOLDERS

L-R: President, Trade Union Congress (TUC), Bobboi Kagama; Director-General of Nigeria Employers’ Consultative Association (NECA), Mr. Olusegun Oshinowo; MD/CEO of the company, Helen Da-Souza; and President, Nigeria Labour Congress (NLC), Ayuba Wabba, at the NECA annual general meeting in Abuja...weekend.

OBASANJO: BUDGET PADDING ALLEGATION CONFIRMS N’ASSEMBLY IS CORRUPT passed as against what transpired in the budget process which is now an Appropriation Act, I think they should know the right thing to do rather than engaging in media war. They have relevant committees to handle such a matter. So, if Hon. Jibrin is aggrieved, he needs to write a petition or whatever and that should be referred to Ethics and Privileges Committee for the needed investigation,” he said. Ndume also described the allegation of impeachment plot against President Muhammadu Buhari in the Senate as nothing but a hoax. According to him, even if that thought was ever conceived by any senator, it can only remain in the realm of imagination because the Senate alone cannot impeach the president in a bicameral legislature. “The Senate cannot impeach the president. It is the National Assembly that can impeach the president and it is by two-thirds based on clearly stated impeachable offences that must be served on the president which he must respond to, or if he fails to respond , the process is there. “It is a process; a long tedious process and in this country, we don’t even need that. We are not even contemplating it and even if anybody contemplates it, it is not going to work because this is APC’s Senate. We have the majority. We have 58 to 60 senators and you need 72 senators to start off an impeachment process. “In a nutshell, the issue of

impeachment is non-existent in the Senate. We don’t need it because we don’t have a president that has issues of corruption, integrity, mismanagement of the economy at hand. We have a president that is straight forward and he doesn’t have any mismanagement of anything through abuse of due process,” Ndume added. On the rift between Senators Dino Melaye (Kogi West) and Oluremi Tinubu (Lagos Central), Ndume said he had appealed to both senators to sheathe their swords, disclosing that Tinubu had equally told him that she had forgiven Melaye while Melaye on the other hand, had also said he had put the matter behind him. “Oluremi told me personally that she had forgiven Dino and Dino had already said he was ready to move on and that there is no problem,” he said. Also yesterday, Senate President, Bukola Saraki, inaugurated a Budget Technical Committee saddled with the responsibility of evolving a comprehensive budget reform proposal that will aid the passage of an appropriation bill. According to Saraki, the reform proposal expected from the committee will close the structural and procedural gaps that limit transparency and accountability in the budget process and fiscal discipline; design a legislative framework that will fully provide for effective oversight of off-budget accounts that typically lack oversight and transparency, design efficient timelines for the

entire budget process, enable the National Assembly to adequately interrogate budget bills fully before passage and create new tools for efficiency in the implementation of budget oversight schemes of the National Assembly. The committee is also expected to create performance reports on all aspects of the budget including the budget of the three arms of governments; ensure that the National Assembly open budget policy initiative of the eight Senate is underpinned by legislation and therefore irreversible; deal with irregular rendition of quarterly budget implementation by ministries, departments and agencies (MDAs); address the absence of continuous legislative oversight structure within the MDAs; remedy the inadequate budget impact assessment scheme; develop a robust linkage between budget outcome and the next budget and address poor oversight scheme. The committee is chaired by Ndume. Other members of the committee are Senators Danjuma Goje, Baba Kaka Garba; Hon. Orker Jev Emmanuel and Minister of Budget and National Planning, Senator Udoma Udo Udoma. Saraki also inaugurated a technical committee with the task of providing technical assistance to the committee. Members of the technical committee include the Director General of National Institute for Legislative Studies (NILS), Dr. Ladi Hamalai;

Director General, Budget Office, Ben Akabueze ; Prof. Mike Obadan; Dr. Adeyemi Fajingbesi; Mr. Kingsley Amaku; Chinedu Omenka Samuel; H. O. Olutoye; Hon. C.I D. Maduabum and Dr. Chris Asoluka. The first committee was also charged to ensure the review of the reports emanating from the technical committee and present the final report to the Senate President. Meanwhile, Abdulmumim yesterday urged the Economic and Financial Crimes Commission (EFCC) to investigate Dogara, Deputy Speaker Yusuf Lasun, Chief Whip Alhassan Ado Doguwa and Minority Leader Leo Ogor for corrupt practices in handling the affairs of the House. In a statement released, the embattled lawmaker continued his release of allegations of corruption against those he has termed the quartet. The House is however expected to formally respond to his allegations today at a press conference to be addressed by the Chairman of the House Committee on Media and Public Affairs, Hon. Namdas Abdulrazak. The House in a statement last week, denied all allegations against the Speaker and the principal officers. Abdulmumim in the statement, accused Dogara of abusing his office by soliciting funds from agencies and multinational companies. He urged the EFCC to

look into Dogara’s tenure as Chairman of the Committee on House Services on the seventh assembly. The full statement read: “Dogara and his senior cabal namely: Lasun, Doguwa and Ogor, have promoted corruption so badly in the House that if President Muhammadu Buhari with his disdain for corruption and corrupt people have the slightest idea, he will ban the quartet permanently from the Presidential Villa before they eventually allow for proper and unbiased investigation by the House. “Mr. Speaker and his deputy diverted millions of naira all in the name of paying for guest houses and official residence. The issue became so messy that the Deputy Speaker openly accused Hon. Herman Hembe of short changing them of millions of naira in the deal to the shock of many members. “Dogara frequently abuses his office amounting to conflict of interest by soliciting for inappropriate favours from agencies and multinational companies. He forced an agency to grant loans and a construction company blackmailed to do some work at his Asokoro ‘plot’. “Dogara has carefully designed a scheme to scam members through deduction from their salaries certain amount of money for a so called mortgage arrangements to build houses for members. He has been applying every under hand tactics to ensure

members agree to the deal. “Dogara has consistently refused members access to the financial dealings and internal budget of the House. He runs the financial management of the House like a cult aided and abated by the Chairman House services, Babanlle Ila. It is no longer news that all over the House, members are aware of the monumental fraud perpetrated by Dogara in this regard. “We are even told that this is a child’s play compared to the mess and allegations of money laundering he left behind as Chairman house services in both the sixth and seventh assembly. The EFCC should have something to start working with in respect to his tenure as Chairman House services if they properly dust their files. “I am therefore once again calling on colleagues and well meaning Nigerians to prevail on Dogara and his three other cohorts to put the interest of country first and allow the House to conduct a thorough investigation into the allegations on them.” Reacting to the allegations, the Special Adviser to the Speaker on Media, Mr. Turaki Hassan, described them as lies. In a statement, he said: “These are all lies and desperate attempts of a drowning man to clutch unto anything having found that all his frivolous allegations do not disclose any element of corruption or wrongdoing against Mr. Speaker.”

TUESDAY JULY 26, 2016 • T H I S D AY

CRIME&PUNISHMENT I Didn’t Know My Action was Wrong, Says Father Who Chained Son

Sheriff Balogun in Abeokuta Mr. Francis Taiwo, the father of the boy who chained for over a month, Korede, yesterday sought forgiveness from the Ogun State Government, saying he regretted his action. He said: “I didn’t know there is punishment for my action but now I know. I regret my actions. I want forgiveness from the government.” Also, Korede’s stepmother pleaded with the government to forgive her and the husband. He said: “We used to advise him (Korede) but because we don’t know the implication that time, that was the reason we chained him. What I want

is to beg the government to forgive us.” Meanwhile, Ogun State Police Command has handed over Korede to the state government. The boy was rescued last Friday by operatives of the Nigeria Security and Civil Defence Corps and the state police command. Korede, who was brought to Zone 2 Area Command, Oke Ilewo, Abeokuta by the police team led by the state Public Relations Officer, Muyiwa Adejobi, was later handed over to officials of the state Ministry of Women Affairs and Social Development at the Zone 2 area command, Abeokuta. He was handed over to the Director of Social Welfare

Services in the ministry, Mr. Shotubo Olumide by the Officer-in-Charge of AntiHuman Trafficking of the Command, Oluwatoyosi Bello, a Superintendent of Police. Korede was later moved to Stella Obasanjo Children’s Home, which is about 500 metres from the area command, where he would start a new life. Korede’s father and his step mother, Kehinde, were however present at the Zone 2 Area Command but were not allowed to witness the handing over ceremony. Francis who’s the pastor in charge of Key of Joy Celestial Church of Christ, Ajibawo, Ado Odo/Ota Local Government area

of the state, had fled, until he was arrested on Sunday, through the help of the members Celestial Church of Christ, Ota. Shortly before the ceremony, Adejobi said after the rescue mission, Korede insisted he did want to go back to his father’s house. Adejobi, a Superintendent of Police, said the wife of the state governor Mrs. Olufunso Amosun, has indicated interest in taking care of him. The police spokesman said the Assistant Inspector-General of Police in charge of Zone 2, Abdulmajid Ali, has ordered a thorough investigation of the matter and the suspects be charged to court.

In Brief

Traffic Law: LASG Unveils New Enforcement Rules, Justifies Removal of Number Plates

The Lagos State Government yesterday unveiled a new enforcement approach to the state Road Traffic Law, putting paid to clamping tyres of erring vehicles; towing such vehicles and consequently impounding them until settlement of fines. The state government also said the new approach requires capturing the offence on video, removing the number-plates of erring vehicles and putting a branded sticker on the windshield of the vehicles to inform the owner/drivers about their offences. The new method was detailed in a statement which the Commissioner for Information and Strategy, Mr. Steve Ayorinde and the Attorney-General and Commissioner for Justice, Mr. Adeniji Kazeem co-signed yesterday. The statement thus defended the new method of the state Task Force of Environmental and Special Offences (Enforcement Unit), which it said favoured the removal of number plates of erring vehicles over clamping down and towing of vehicles. It explained that any driver that violated the road traffic law would be invited for trial at the Special Offences Mobile Court, which it said, might sit at any nearby local government office or at the head office of the task force at Alausa, Ikeja. It pointed out that it was within the purview of the traffic law enforcement officers “to identify violators of traffic laws and have them booked and tried according to the peculiarities of their offences without clamping their tires or tow the vehicles.” It, therefore, denied allegations of highhandedness against officials of the Task Force and those of the Special Offences Tribunal (Mobile Court), thereby describing the coterie of complainants on social media as hypocritical and manipulative.

Two More Bodies Recovered after Bayelsa Attack by Suspected Militants

KEEPING FIT AND HEALTHY

A cross section of participants at the grand finale of the Power Oil’s Walk-Heart-On actively involved in the exercise to keep fit and stay healthy in Abuja...weekend.

28-year-old Housewife Sentenced to Death for Killing Husband Sylvester Idowu in Warri A 28-year-old housewife, Mrs. Mary Attah, has been sentenced to death by hanging by an Effurun High Court for stabbing her pastor husband with a kitchen knife and setting him ablaze. The presiding judge, Justice E.I Oritsejafor, condemned accused person to death having been pronounced guilty on the one count charge preferred against her by the Delta State AttorneyGeneral and Commissioner for Justice. The offence was punishable under Section 319(1) of the Criminal Code Law, Cap C21, Volume 1, Laws of Delta State of Nigeria, 2006. Justice Oritsjafor while delivering the verdict, held that the prosecution led by an Assistant Director, Mr. Patrick Mekako, was able to prove beyond all reasonable doubt the essential ingredients of the offence of murder against the accused person. Continuing, “From the evidence before this court and in particular the extrajudicial

statement of the accused person, Exhibit A and the evidence of PW1 and PW2 which corroborates and is consistent with the facts contained in the said extrajudicial statement Exhibit A, I hold that the prosecution his proved beyond reasonable doubt that the accused person murdered her deceased husband on or about July 6, 2012, and I find the accused person guilty of the murder of Darlington Attah as charged. Accused person is accordingly, hereby convicted of the offence of murder. “The sentence of this court upon you, Mary Attah is death by hanging by the neck till you be dead and may the Lord have mercy on your soul,” the court declared. Prosecution, Patrick Mekako had told the court that the accused who was married to Darlington Attah (now deceased) with four children, on or about July 6, 2012 at Effurun within the Effurun Judicial Division did attack her husband with a kitchen knife and stabbed him in the neck as a result of an alleged phone call from the

husband’s lover. The court was further told that the accused was infuriated by the telephone call at a time they were having a ‘nice time’ which prompted her to rush to the kitchen, collected the knife and armed herself with pepper which she rubbed on her

husband’s face to immobilise him before stabbing him in the neck. Not satisfied, she doused her husband who was already weak as a result of excessive bleeding with fuel and set him ablaze. He later gave up the ghost at the Warri Central Hospital where he was rushed to.

Kogi Discovers 18,211 Ghost Workers, to Save N1.3bn Monthly

Yekini Jimoh in Lokoja

Kogi State Government has successfully saved N1.3 billion monthly and N16.6 billion annually after the staff screening exercise from which 18,211 ghost workers were discovered. This was made known yesterday during the final presentation of the workers’ screening exercise report to the state Governor, Alhaji Yayaha Bello, at Government House in Lokoja. According to the report, the state and local government workers were put at 88,973,

Two more bodies have been recovered owing to last weekend’s attack in the waterways of Southern Ijaw in Bayelsa State. It was learnt that the gang of pirates who killed an operative of the Nigeria Security and Civil Defence Corps (NSCDC) in an ambush in the state, also shot dead two civilians in a separate attack on the same day. The two civilian victims were said to have been caught in a cross-fire shortly after their encounter with the team of NSCDC on Friday night. THISDAY learnt that the two persons were heading for Agbobiri community in Southern Ijaw, for a funeral when they were attacked by the gunmen. A security source who asked not to be named, confirmed that the incident happened after the gunmen exchanged bullets with NSCDC operatives who were returning from a surveillance duty in the community. He said the bodies of the unidentified civilians had been recovered and deposited in a mortuary in the area. The source condemned constant attacks on the state waterways by pirates, militants and sea robbers. He appealed to security agencies to intensify their efforts to curb the trend and restore maritime security in the state. The operatives from the anti-vandal unit of NSCDC who went to the creeks on Friday to check oil installations in the area were ambushed by the pirates with one of them killed. It was gathered that the deceased was an indigene of Okodi in Ogbia Local Government Area of the state. Divers were said to have recovered the body of the deceased NSCDC operative. The state Commandant of the NSCDC, Mr. Desmond Agu, confirmed the killing of one of his men, describing it as unfortunate incident.

Bayelsa Monarch: How I was Butchered by Suspected Assassins

The paramount ruler of Oluasiri clan in Nembe Local Government Area of Bayelsa State, King Iyerite Chiefson Awululu, yesterday narrated how he was attacked by assassins last week. Awulu said he was butchered by three armed men who attempted while the screening committee to murder him with several blows of machete cuts and left screened and cleared 63,870 him for dead along the Otiotio area Yenagoa, the state capital. The 59-year-old monarch, said a former two-time member of workers. The report added that a total the state House of Assembly, has been arrested by the men of 18, 211 ghost workers were of the State Investigation Bureau (SIB) of the state police discovered after the exercise. command in connection with the incident. He added that The governor, while receiving the attack was due to the ongoing attempts to dethrone the report from the Back-up him over his refusal to extend the tenure of members of the Committee jointly led by the Youth groups, the Oluasiri Development Union (ODU) and state Auditor General, Alhaji Oluasiri Youth Forum (OYF) The monarch who spoke from Yusufu Okala, and that of the his hospital bed, said he got into trouble with the alleged Local Governments, Mallam sponsors of his attempted murder due to his refusal to Usman Ahmed Ododo, said extend the tenure of the youth groups and his decision to his administration had put welcome the governorship candidate of the All Progressives a permanent stop to ghost Congress (APC), Chief Timipre Sylva, during the last general workers phenomenon and election. Awululu said all petitions and complaints to the non-residents, non-identifiable state command and Zone 5 command of the Nigerian Police were treated with levity. workers syndrome.

T H I S D AY TUESDAY JULY 26, 2016

T H I S D AY •TUESDAY JULY 26, 2016

TUESDAYSPORTS

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

FIFA President Promises Two More World Cup Slots for Africa Buhari pledges transparency in football administration in Nigeria

Tobi Soniyi and Omololu Ogunmade in Abuja President of world football governing body (FIFA), Gianni Infantino, has said that he will propose two more teams to come from Africa whenever the world football decides to increase the number of countries to participate in future World Cup tournaments. Speaking with journalists after meeting with President Muhammadu Buhari at the Aso Rock Presidential Villa in Abuja yesterday Infantino said Africa deserves more slot at the Mundial. “If FIFA will be increasing more football teams in the World Cup competition, I will propose two more teams to come from Africa,” stressed the 46-year-old football chief. He confessed to have had very useful discussions with Buhari on the way forward for football in Nigeria. “I have had some intense discussion on football in Nigeria and Africa. We discussed how we can best develop football in Africa because there are talents, potentials and passion to do great things in football in Nigeria and Africa. The FIFA president put to rest the protracted power tussle in the administration of the beautiful game in the country, insisting that there was no crisis in football management in Nigeria since there was an elected president in place and he was functioning as such. “In a big country like Nigeria you are bound to see opposition, that is what you see happening,” the FIFA president observed. While stressing that it was an honour to meet Buhari, the FIFA president however admitted that: “When it comes generally to football development in Nigeria works still need to be done in organisational structures, setting up of training centres and better framework. A lot can still be done.” Infantino asked the Nigerian authorities to pay attention to infrastructure and find a lasting solution to the problem of violence and insecurity at

match venues. ‘‘I foresee Nigeria as a bedrock for the development of the game in Africa, however infrastructure, stability and security are needed to make this happen, ’’ he said. Infantino was accompanied to the Presidential Villa by the Secretary General of the world football governing body, Fatma Samoura, the Minister of Youth and Sports, Solomon Dalung, President of the Nigeria Football Federation (NFF), Amaju Pinnick and the President of the Nigeria Olympic Committee (NOC), Habu Gumel. Earlier, while welcoming Infantino to the Presidential Villa, President Buhari had said his administration will pay keen interest to accountability and transparency to fast-track football development in the country. Buhari challenged football administrators to fashion out strategic programmes to develop the game. He congratulated the duo on their election, particularly Samuora who is the first African and female to be elected FIFA Secretary-General. Buhari welcomed Infantino’s programme to reform the world game through transparency, anti-corruption and good governance. The president pledged Nigeria’s support to FIFA president’s reform agenda, noting that they were similar to those his presidency had outlined to resuscitate Nigeria. ‘‘Majority of Nigerians are married to football. In the rural areas, when there is no electricity and there is a game to watch, Nigerians go to the extent of renting small generators, popularly known as ‘I better-pass-my neighbour’ to watch the game. ‘‘We will take the development of football very seriously and I encourage the Nigeria Football Federation (NFF) to behave itself and organise effective competitions for the good of the game,’’ he said. ‘‘Accountability is serious business and I welcome you (Infantino) into the club of accountable Chief Executive

Dream Team VI Coach Siasia Robbed in Atlanta Nigeria’s Olympic Dream Team VI Coach Samson Siasia has been robbed in Atlanta, Georgia, where his team has been training ahead of next month’s Olympic Games. “It is true that my car was burgled but I have taken the necessary steps on the item stolen in the car,” Siasia confirmed. “We are focused and preparing hard for the Olympics that is what I

can tell you for now.” The car Siasia has been using to run around for the team was broken into at the team’s hotel’s car park and his credit cards, two phones, the phone of his personal assistant Abu and some money were taken away. Siasia’s team is due to play a final warm-up game against Honduras Olympic team today before they depart for Brazil on Friday.

L-R: Visiting FIFA, President, Mr. Gienna Infantino; President Muhammadu Buhari; Secretary General of FIFA, Ms Fatima Samoura; and Minister of Sport, Solomon Dalung, during the visit of Infantino to the Presidential Villa, Abuja godwin omoigui Officers,’’ the President said. Also yesterday, President of the Senate, Dr. Bukola Saraki admonished football administrators to learn to accept defeat in the interest of the immediate environment and larger society, and not engage in ‘pull-the-housedown’ syndrome when things do not go their way. Nigeria’s number three citizen spoke at the Senate President’s Conference Room at the National Assembly

when he received Infantino and Samoura, alongside NFF President Amaju Pinnick, FA presidents from other African countries and members of the NFF Executive Committee and Management. “The kind of global recognition we have today, as a result of this historic visit, challenges us to learn to allow peace and stability in Nigeria football. If people lose election, they should learn to accept defeat. People

used to blame politicians for do-or-die attitude; politicians have moved, it is now football administrators who have this attitude! When you lose an election, you should be prepared to wait for the next poll. “I call on those who are fomenting trouble or trying to divide the house to stop their act. The National Assembly is united in moving to restore peace in Nigeria football, and creating an enabling

environment for the game.” Saraki, who owns a football club (ABS FC, in the Nigeria National League), said the passion and love of Nigerians for football is incredible. “Football is a big unifying factor in our country. As governor of a state, I set up a football academy because there are so many talents out there waiting to be nurtured,” the senate president recalled while receiving the visiting FIFA chief.

Rio 2016: Brazil Allays Fears over Zika Virus Alex Enumah in Abuja With barely days to the commencement of the 2016 Olympics Games in Rio de Janeiro, the Brazilian government has assured all participants and visitors alike of its determination to host a historic and disease-free sports fiesta despite fears of the dreaded Zika virus disease in that region. He gave the assurance that the protection of the health of Brazilians and tourists coming to the global event is a priority and as such all necessary measures have been put in place to protect the health of everyone. In a statement made available to THISDAY by the Deputy Head of Mission, Embassy of Brazil in Abuja, Roberto Affaia, Brazil’s Minister of Health, Ricardo Barros said that protecting

the health of Brazilians and tourists coming to this world event is a priority to the federal government, which has pledged to put into effect appropriate measures to protect peoples’ health. “I was recently in Geneva, Switzerland, and reaffirmed to the International Olympic Committee (IOC) that we would never risk the health of athletes and tourists. Brazil is keeping all necessary care and measures so that the games are a historical milestone in sports”. Barros claimed that the circulation of the Zika virus, spread by the Aedesaegypti mosquito, will not hinder the country from having a safe and unforgettable event for athletes, participants and spectators as according to him, the risks are minimal. Adding: The country’s healthcare system is duly

prepared for this big moment, with preventive actions in place against the Aedesaegypti, 24/7 monitoring in the six cities hosting the games and trained professionals who are qualified to attend to emergencies. According to the statement a study published by the University of Cambridge makes a forecast of less than one case of infection among the 500,000 tourists. The statement further revealed that specialists from the World Health Organisation (WHO) on June 14 corroborated that the risk of propagation of the disease is very low. It said during the games, trips to Rio will represent 0.25 per cent of all travel to Zika-affected areas, according to United States’ CDC while noting that on the overall, the virus is already

circulating in 60 countries, and Brazil represents 15 per cent of the exposed population. The minister also observed that during the games, Brazil will be in winter time, which is when diseases spread by the Aedesaegypti hit their lower rate. “In addition to that, the mobilisation actions to fight the mosquito, like home visits and public investment in monitoring and prevention, have caused an early fall of Zika rates - infection cases dropped 87 per cent between February and May this year. “The monitoring and follow-up of these data are still in progress by means of a partnership with the WHO, in an absolutely transparent manner. The proper measures to fight the Aedesaegypti are still in effect, with the backup of three thousand health agents in Rio.”