Tuesday 2nd August 2016 by THISDAY Newspapers Ltd

Kaduna Judicial Panel Recommends Prosecution of Soldiers, El-Zakzaky Says troops killed 348 sect members in Zaria John Shiklam in Kaduna and Zacheaus Somirin with agency report The Judicial Commission of Inquiry set up by the

Kaduna State Government to investigate the December 12-14, 2015 clash between the Nigerian Army and members of the Islamic Movement in Nigeria (IMN), also known as

Army: We’re studying the report

Shiite or Shia sect, has indicted the leader of the group, Sheikh Ibraheem El-Zakzaky, for alleged acts of lawlessness by his members. The 13-member panel

headed by Justice Mohammed Garba Lawal, in its reported submitted recently to Governor Nasir el-Rufai which was made public in Kaduna Sunday night, said El-Zakzaky

and his members should be held responsible for the bloody clash with the Nigerian Army last December, which led to the deaths of 349 people, including one soldier.

The report also accused the Nigerian Army of “disproportionate use of force contrary to its rules of Continued on page 6

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Confidence Inching Back to Nigerian Market, Forex Liquidity Improves Spot market records $196m turnover, futures $400m Obinna Chima The decision by the Central Bank of Nigeria (CBN) to move towards a full free float of the naira, coupled with its roadshow in the United Kingdom and United States of America last month, is gradually yielding results

as there was a perceptible improvement in liquidity on the interbank spot FX market last week, recording a turnover of $196.14 million, with an average daily volume of $39.23 million between July 25 and 29. Continued on page 6

Double Jeopardy for Nigeria, Militants Bomb More Pipelines, Oil Prices Tumble

Ejiofor Alike with agency reports Nigeria was confronted with the prospect of double jeopardy yesterday, when Anglo-Dutch oil multinational, Shell, confirmed that suspected militants believed to be from the Niger Delta attacked its Trans Ramos Pipeline (TRP) in

Delta State on Saturday night. This came as concerns mounted over oil prices, as United States crude tumbled yesterday below $40 per barrel for the first time since April, with both Brent and US crude prices falling by nearly four per cent. Continued on page 8

BIDS ODUOZA FAREWELL Buhari Appoints 17 New Education UBA L-R: The new Group Managing Director/CEO, United Bank for Africa (UBA) Plc, Mr. Kennedy Uzoka; Plateau State Governor, Simon Lalong; former Group Managing Director/CEO, UBA, Mr. Phillips Oduoza; Kaduna State Governor, Malam Nasir Ministry Parastatal Heads… Page 36 Mr. el-Rufai; and Chairman, UBA, Mr. Tony Elumelu, at the send-forth ceremony held for Oduoza, in Lagos… weekend

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Presidency Refutes Claim of Diversion of UK Aid for War Against Terror Tobi Soniyi in Abuja The presidency has denied a report that it used aid from the United Kingdom for the war against terrorism in the North-east to prosecute the opposition. The president’s media aide, Mr Garba Shehu, in a statement yesterday reacting to the London Telegraph’s article “Children Face Death by Starvation in Northern Nigeria”, said the allegation was baseless. He said: “To state the fact: the UK government does not

give development aid to the Nigerian administration for use in military operations against Boko Haram.” According to him, where British military support – such as intelligence - is provided, it is precisely and only given for operations directly against Boko Haram. Shehu also said the Nigerian government was in no position to divert aid monies used for emergency relief for refugees or IDP camps for any other purpose, because these, he said, were dispensed directly by DFID, USAID, the United

Nations, the International Red Cross, Doctors without Borders and many other organisations. The presidency, however, admitted that the humanitarian situation in the IDP camps in the North-east remained challenging but said the administration remained deeply concerned about the medical, health and nutrition challenges in the camps and was doing everything within its limited resources to improve the situation. The statement said: “However, the blame for the plight of refugees lies with Boko

Haram. They are its cause, not the Nigerian government.” The presidency also expressed regret over a recent attack on the United Nations humanitarian convoy in the North-east. It said it was encouraged by the world body’s determination to continue rendering assistance to the displaced victims. “That the attack was repelled by Nigerian troops escorting the convoy shows precisely how the government and humanitarian agencies are working together,” the presidency added. It also said the allegation

that the administration was targeting Christians and the opposition was without foundation. “Since assuming office, President Muhammadu Buhari has treated all Nigerians without bias for ethnicity or religion - as the composition of his cabinet and the policies and programmes of his administration demonstrate. “To suggest his government as deepening Muslim-Christian divisions is not only untrue, but plays into the hands of Boko Haram which wish to divide Nigerians along religious lines.

“Fighting this group is key a priority of President Buhari’s administration. Indeed the international community has widely acknowledged his determination to defeat terrorism in Nigeria and the entire Lake Chad Basin. “There is nothing to gain by attempting to mold public opinion against these facts. Therefore we invite The Telegraph to visit Nigeria to witness first hand not only the challenges we face, but the administration’s determination to confront them,” the presidency stated.

or to make judgments on the value of each person’s life based on ethnicity, faith, status or institutional affiliations, but must offer equal protection to Nigerian citizens. “It means that the government must provide equal protection of the law to all citizens and, therefore, hold accountable in equal measure, any persons who have caused or contributed to the loss of any life. The government cannot determine which life is worthy of protection and whose life is not! “It means the government is not at liberty to let some citizens live above the law and outside of it, and compel others to live under it. It means that there are no second class citizens of Nigeria. It means that justice must be equally and evenly rationed to all citizens alike, whether they are soldiers or civilians.” According to Reuters, how the authorities respond to the inquiry's findings may indicate the extent to which reform is

being implemented under a drive by President Muhammadu Buhari, to root out human rights violations by soldiers. The report published on Sunday confirms claims by human rights groups such as Amnesty International that the army killed hundreds of Shi'ite Muslims during three days of clashes in the northern city of Zaria. The army has repeatedly denied this. Reacting to the report, Nigerian Army spokesman, Col. Sani Umar said: “We are aware that the report has been made public and we are studying it. Africa's most populous nation has around 180 million people, including several thousand Shi'ite Muslims whose movement was inspired by the 1979 Islamic Revolution in Shiite Iran. The majority of the country’s tens of millions of Muslims are Sunni - including the Boko Haram jihadist militants who have killed thousands in bombings and shootings mainly in the North-east since 2009.

KADUNA JUDICIAL PANEL RECOMMENDS PROSECUTION OF SOLDIERS, EL-ZAKZAKY engagement”, declaring that soldiers and officers of the Nigerian Army who were involved in the killing of 348 members of the Shiite sect should be prosecuted. The panel’s findings contained in the report said 349 people - including one soldier - were killed. “Out of the said 349 dead persons, 347 (excluding the soldier) were buried in a mass grave,” said the report. The commission said it had received 3,578 memoranda - 132 letters and 3,446 emails - along with 39 exhibits and 87 witnesses' testimonies in the course of the inquiry and the writing of the 193-page report. “Members of the IMN owe absolute loyalty to Sheikh Ibraheem El-Zakzaky. He therefore bears responsibility for all acts of lawlessness committed by the organisation and should therefore be held responsible, fully investigated and prosecuted,” the panel said in its report. Members of the sect and the army clashed in the Zaria when the latter blocked a major highway during one of its religious processions, in the process blocking access to the Chief of Army Staff (COAS), Lt. Gen. Tukur Buratai, who was attending the passing out parade of the army depot in the area on December 12, 2015. The commission noted that “the number of casualities recorded during the incident was too high and cannot be justified”, stressing that “members of the Nigerian Army found to have been involved in the killings should be brought to trial before a court of competent jurisdiction”. The panel also recommended that members of the IMN found to have been involved in the killing of one army corporal, Dan Kaduna Yakubu, during the incident should also be prosecuted. It also advised the Nigerian Army to “intensify efforts in ensuring compliance with the rules of engagement and other legal standards” at all times during operations. The panel in the report also challenged the government and law enforcement agencies to be alive to their responsibilities by investigating all persons allegedly breaking the law, even when such persons belong to powerful religious groups. The report added: “The IMN is notorious for engaging in hate and dangerous speech that provoke other Muslims,” adding that “the National Assembly should initiate the

establishment of a law against hate and dangerous speech, and once enacted, the law should be enforced”. According to the report, efforts by the Kaduna State governor to get the Shiite leader order his members to remove the barricades for the chief of army staff fell on deaf ears. “The Kaduna State governor’s personal call to the IMN leader in which he asked Sheikh Ibraheem El-Zakzaky to call upon his followers to remove barricades on Sokoto Road and allow the chief of army staff access fell on deaf ears. “Though it was not necessary for the governor to have to do that, it was however commendable, appropriate and sufficient in the circumstances.” The report however declared that it was inappropriate for the Kaduna State Government to have buried 347 dead persons without a proper inquest, noting, however, that the mass burial was “necessary due to the health risk it posed if they were not buried”. The panel blamed both the state and the federal governments for the absence of political will to check the menace of the IMN over the years. On the demolition of the property of the IMN leader, the panel maintained that “the demolition of the Foudiyya School and the Jushi graveyard of El-Zakzaky’s mother and sister, which did not pose any danger to the public, was unnecessary and inappropriate”. The panel further noted that federal government has the overall responsibility for the well being of every Nigerian. According to the report, “The Constitution of the Federal Republic of Nigeria guarantees certain fundamental rights of every citizen and it is the duty of the federal government to protect these rights. “The activities of any person, group or community that poses a serious threat to national security, the unity and peaceful co-existence and curtails the rights of the other members of the society should be of more than passing interest to the government. “From the testimonies of the State Security Service (SSS), the Nigeria Police, groups such as the Jamaatu Nasril Islam (JNI), communities such as Gyallesu Community, SabonGari community and a host of others, including individuals, it is clear that the menace of the IMN activities had been going on (seemingly unchallenged) for quite a long time.

“Its external relationship with other countries, such as the Islamic Republic of Iran and Lebanon, has also been touted. In all these, the government was silent… “The Constitution of Nigeria protects the rights of all citizens to religious freedom, belief and proselytization and these rights must be respected and protected bearing in mind that the same Constitution has placed limitations. “When however certain religious organisations and movements abuse these rights by engaging in criminal and illegal acts, the state has a responsibility to investigate and prosecute those who infringe the law. “The state is effective if it has legitimacy and state legitimacy is itself a function of the state carrying out its responsibility of providing for the security and welfare of citizens.” The report also showed that considerable evidence was presented against the sect before the commission on the very many infractions of the law that had been committed by its members, adding that most of the cases had not been investigated or prosecuted by the police. In this regard, the report asked the federal government to “direct the Inspector General of Police to set up task forces in state commands to compile, investigate and prosecute lawless acts committed by the IMN”. “Considering the nature and organisational structure of the IMN, where the leader has total control over the members, Sheikh Ibraheem El-Zakzaky should be personally held responsible for all acts of commission and omission of the entire membership of the Islamic Movement in Nigeria in its clashes with the Nigerian Army for refusing to call his members to order when required to do so. “All incidents of violence and aggression by the members of the IMN against individuals, groups or communities, which have resulted in grievous bodily harm, destruction of properties and deaths, should be fully investigated and the culprits brought to book. Where appropriate, compensations should be paid,” the report stated. Members of the Shiite sect had initially appeared before the panel but later backed out, alleging that some members of the panel were opposed to the group. They had also demanded

for access to their leader who is currently in detention as a condition for appearing before the panel. As of press time the reaction of the sect to the recommendations of the Judicial Commission of Inquiry was still being awaited. However, a civil society organisation, Access to Justice, yesterday called on the Kaduna State Government to bring criminal charges against the General Officer Commanding (GOC) of 1 Division of the Nigerian Army in Kaduna, Major General Adeniyi Oyebade, and Colonel A.K. Ibraheem as well as others whom the Justice Garba Panel indicted following the deaths of hundreds of Shiite members. Saying that this is the only path to justice, the group said failure to prosecute the military officers implicated in Shiite killings would be grave and atrocious injustice. In a statement signed yesterday by its Executive Director, Mr. Joseph Otteh, the group said Nigeria cannot adopt an “apartheid” system of justice in a constitutional democracy. It stated that by prosecuting only members of the Shiite movement for the death of one soldier and remaining taciturn over the countervailing claims of justice for the deaths of hundreds of Shiite members showed that the state government had taken sides, not only in the conflict, but in how to account for the horrendous loss of lives in that conflict. The group said the use of the criminal justice system by the government to express and reflect bias was “deeply unfortunate.” “The Kaduna State Government must begin the prosecution of all the military officers indicted by the Justice Garba report now, and do so with the same vigour and spirit with which it is prosecuting members of the Shiite movement for the murder of one soldier. “It is extremely disquieting that the Kaduna government would rather arrest and prosecute over 200 persons for the death of one soldier, than charge one soldier for the death of well over 348 residents of Kaduna State. “The lives of hundreds of IMN members who were brutally killed by Nigerian soldiers are worth protecting the same way the life of one soldier is worth protecting. “A democratic, constitutional government means that the government is not at liberty to prefer one life above another,

CONFIDENCE INCHING BACK TO NIGERIAN MARKET, FOREX LIQUIDITY IMPROVES Market analysts who spoke to THISDAY on the development, confirmed that the improvement in turnover signalled growing liquidity in the official FX market on the back of growing investor confidence. One bank treasurer, who preferred not to be named, said the average rate of the naira during five days of trading last week stood at N318.81 to the dollar, adding: “It is noteworthy that the CBN’s contribution to the market was only three per cent of the total volume that was traded.” Yesterday, the naira exchange rate appreciated marginally on the interbank market to N316.37 to the dollar, stronger than the N321.16 at which it closed last Friday. Indeed, analysts said they expected the naira to make more gains against the dollar on the interbank market, as bureau de change operators prepare to start trading FX in the next few days. However, on the parallel market, the naira depreciated to N381 to a dollar at the close of business yesterday, down from the N378 to a dollar last Friday. A CBN top official, who also confirmed that there was a gradual improvement in market liquidity, attributed it to the decision by the central bank to truly float the currency, as

well as the roadshow in the UK and US, saying both helped to restore confidence among some investors who had been sitting on the sidelines. Lending more insight into the roadshow, he said the CBN governor, Godwin Emefiele, and his team met with over 140 investors in London, 10 in Los Angeles, about 50 in Boston and close to 90 in New York, where they were “all enthusiastic to receive the governor and other members of his team, given their interest in Nigeria”. Continued on page 8

TOP GAINERS NGN NGN TOTAL 18.59 200.09 ASL 0.16 1.86 FLOURMILLS 1.30 21.50 DANGFLOUR 0.25 4.90 HONEYWELL 0.08 1.60 TOP LOSERS NGN NGN OANDO 0.53 5.07 TRANSCORP 0.12 1.19 PZ 1.00 17.60 CUTIX 0.08 1.52 DANGSUGAR 0.35 6.65 HPE Nestle Nig Plc ₦837.50 Volume: 331.691 million shares Value: N4.750 billion Deals: 4,114 As at yesterday 1/08/16 See details on Page 44

% 10.2 9.4 6.4 5.4 5.2 % 9.4 9.1 5.3 5.0 5.0

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Nigerian Behind $60m Internet Scam Nabbed A Nigerian behind an online fraud network which engineered scams worth more than $60 million has been arrested in Port Harcourt, River State, in a joint operation led by Interpol and the Economic and Financial Crimes Commission (EFCC). “The 40-year-old man, known as “Mike”, is believed to be behind scams totalling more than $60 million involving hundreds of victims worldwide,” the international police organisation said in a statement. “In one case, a target was conned into paying out $15.4 million,” Interpol said. “The network compromised email accounts of small to medium scale businesses around the world including in Australia, Canada, India, Malaysia, Romania, South Africa, Thailand and the United States,” it said. The suspect ran a network of at least 40 people working from Nigeria, Malaysia and South Africa which used malware and carried out the fraud, and he also had money laundering contacts in China, Europe and the US who provided bank account details for the illicit cash flow. “Following his arrest in Port Harcourt, a forensic examination of devices seized by the EFCC showed he had been involved in a range of criminal activities including business e-mail compromise and romance scams,” it said. According to the EFCC, the main two types of scam run by the 40-year-old targeted businesses were payment

diversion fraud – where a supplier’s email would be compromised and fake messages would then be sent to the buyer with instructions for payment to a bank account under the criminal’s control – and “CEO fraud”. In CEO fraud, the email account of a high-level executive is compromised and a request for a wire transfer is sent to another employee who has been identified as responsible for handling these requests. The money is then paid into a designated bank account held by the criminal. “Mike” first came onto the law enforcement radar through a report provided to Interpol by Trend Micro, one of its strategic partners at the Interpol Global Complex for Innovation (IGCI) in Singapore. This, combined with actionable analysis and intelligence from Fortinet Fortiguard Labs in 2015, enabled specialists at the Interpol Digital Crime Centre, including experts from Cyber Defence Institute based at the IGCI, and the EFCC to locate the suspect in Nigeria, resulting in his arrest in June. Abdul Chukkol, Head of the EFCC’s cybercrime section said the transnational nature of business e-mail compromise makes it complex to crack, but the arrest sent a clear signal that Nigeria could not be considered a safe haven for criminals. “For a long time we have said in order to be effective, the fight against cybercrime

EFCC Chairman Ibrahim Magu

must rely on public-private partnerships and international cooperation,” said Chukkol. “The success of this operation is the result of close cooperation between Interpol and the EFCC, whose understanding of the Nigerian environment made it possible to disrupt the criminal organisation’s network traversing many countries,

targeting individuals and companies,” he added. Noboru Nakatani, Executive Director of the IGCI warned that BEC poses a significant and growing threat, with tens of thousands of companies victimised in recent years. “The public, and especially businesses, need to be alert to this type of cyber-enabled fraud,” said Nakatani.

“Basic security protocols such as two-factor authentication and verification by other means before making a money transfer are essential to reduce the risk of falling victim to these scams. “It is exactly through this type of public and private sector cooperation that Interpol will continue to help member countries in

bringing cybercriminals to justice no matter where they are,” concluded Nakatani. The 40-year-old, along with a 38-year-old also arrested by Nigerian authorities, faces charges including hacking, conspiracy and obtaining money under false pretences. Both are currently on administrative bail as the investigation continues.

high time the CBN begins to publish the findings of its stress tests to eliminate any uncertainty that may remain in the market,” he explained. He further added that the only major obstacle left for the full removal of capital controls remained the continuing ban on 41 items from accessing the interbank FX market, which he blamed for the wide disparity between the parallel and official market rates. “For the CBN to achieve convergence, it needs to lift the ban on the 41 items,

as this is not a monetary policy issue. Instead, the fiscal authorities should be allowed to step in by imposing measures to discourage the importation of these items through higher import duties and other measures that would encourage local manufacturers to produce the items locally. “As long as the central banks retains the restriction, the wide disparity between the interbank and parallel markets will remain, so if it wants to achieve convergence, it must rethink its policy,” he said.

(TRP) transports oil to the Forcados terminal and has been shut since the leak on the Forcados export line on February 14, 2016. We are investigating the reported incident on the TRP,” Okolobo explained. In the international market, US crude tumbled yesterday below $40 per barrel for the first time since April as the prices of both West Texas Intermediate (WTI) and Brent fell nearly 4 percent. WTI crude plumbed $39.86, its lowest since April 20, trading $1.51, or 3.6 percent, lower at $40.09.

Brent crude was down $1.43, or 3.3 percent, at $42.10 a barrel, after a session low at $41.87. A survey by Reuters on Friday found that output from the OPEC likely rose in July to its highest in recent history as Iraq pumped more and Nigeria squeezed out additional crude exports despite militant attacks on oil installations. Data on Friday also showed the United States added 44 new oil drilling rigs in July, the most for a month in two years, intensifying concerns that global production could once again get to unmanageable levels like it did in 2014-2015.

CONFIDENCE INCHING BACK TO NIGERIAN MARKET, FOREX LIQUIDITY IMPROVES “With the clarity provided, they were more amenable and willing to resume trading in naira in a few week or months from now. “Some of them are already

undertaking market risk evaluations on making forays in our market, which is indicative of increasing interest in Nigerian bonds and other instruments,” he said. He also revealed that this was already evident in the OTC FX futures contracts which had already attracted $300 million-$400 million since trading on FX futures started about a month ago. Another investment

analyst who works for a foreign investment firm in the country also described recent events on the interbank FX market as a positive sign of things to come as long as “the central bank continues to do the right thing”. He said: “With the hike in the MPR last week and other measures taken to date, we are aware that foreign investors who had been on the sidelines have started to get approvals to start trading in naira. “However, the CBN should be ready to intervene in the market in the event

of any shock, and clear any backlog of forex demand in the market to continue to rebuild confidence. “Also, it should ensure that there is no preferential treatment of any investor; in other words, access to the market must be fairly uniform across the board for all investors.” He, however, acknowledged that most of the issues had been addressed with the implementation of a single FX market, but cautioned that the central bank would still need to work towards improving reporting by

Nigerian banks with respect to their exposure to oil and gas sector loans. “Concerns still remain over banks’ exposure to the oil and gas sector, so the CBN needs to undertake a stress test and publish its findings like the European central bank. “This should not be seen as a punitive measure, but as way of enhancing transparency on the financial stability of Nigerian banks through which investors move their funds. “The absence of clarity on the standing of banks could also deter investors, so it is

DOUBLE JEOPARDY FOR NIGERIA, MILITANTS BOMB MORE PIPELINES, OIL PRICES TUMBLE The latest slump in oil prices followed heightened fears of an oil glut after a survey suggested that crude oil output from the Organisation of Petroleum Exporting Countries (OPEC) reached record highs in July. It was also certain to raise concerns among managers of the Nigerian economy who had predicated the 2016 budget on oil benchmark price of $38 per barrel. Already, revenue for the first half of the year in Nigeria had come in at about half the government’s projections in the 2016 budget. The shortfall suggests that government’s

plan to boost the economy through increased spending on infrastructure will struggle to take off this year. Although no group has claimed responsibility for the attack on the Shell facility, which happened near Odimodi, a company spokesman, Mr. Precious Okolobo, yesterday said the pipeline had been shutdown for repairs since February when the Niger Delta Avengers bombed the 48-inch subsea Trans Forcados pipeline. The attack on the pipeline on Saturday night was erroneously reported as pipeline operated

by the Nigerian Petroleum Development Company (NPDC) yesterday. THISDAY gathered that the Trans Ramos Pipeline transports crude oil from Shell’s southern swamp area to the Forcados export terminal. Located in the coastal swamp area, 65 kilometres south of Warri, with 100 oil wells, the southern swamp comprises 16 oilfields - Benisede, Opukushi, Tunu, Ogbotobo, Agbaya, Ajatiton, Akono, Dodo North, Kanbo, Opukushi North, Opomoyo, Seibou, Angalalei, Egunabo, Orubou and Alele. Reuters quoted a native

of the community, Endoro New-world, as saying that the blast shook nearby homes and created a “ball of fire”. “At sunrise, a group from the community in company of the Shell surveillance team was able to locate the site of the blast,” he said. A community leader Godspower Gbenekama also said residents heard a loud explosion, adding that there had been an oil spill. But Okolobo said in a statement yesterday that Shell was “investigating the reported incident”. “The Trans Ramos Pipeline

TUESDAY AUGUST 2, 2016 • T H I S D AY

NEWS

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

APC Wades into Imbroglio over Budget, Invites Abdulmumin to Appear before C’ttee Today Parties are innocent until proven otherwise, says Gbajabiamila Denies deal with Abdulmumin as lawmaker submits petitions to EFCC, ICPC, police

Damilola Oyedele in Abuja and Peter Uzoho in Lagos The ruling All Progressives Congress (APC) yesterday made effort to intervene in the media war rocking its members in the House of Representatives over allegations of padding the 2016 budget. The party therefore invited the lawmakers on its platform for an emergency meetingto resolve the crisis. In a letter dated August 1, 2016 and signed by the APC Deputy National Chairman, North, Senator Lawal Shuaibu, the party said the refusal of its members in the lower chamber to respond to its calls and text messages necessitated the invitation letter to them. It said: “The letter was the last resort to get in touch and to invite you to appear before a committee headed by Senator Shuaibu, at the party’s national secretariat, to discuss the current imblioglio in the House of

Representatives.” The party noted that “As a disciplined party, the constitution of our party has made adequate provisions on ways of resolving any issue among our members. To say the least, it is absolutely unacceptable to resort to media war as a means of settling scores without recourse to and/or exhausting the party’s internal dispute resolution mechanism.” It added that it behooves on the party to take all necessary steps to ensure no member of the family brings dishonour to the party. The party mandated its members to appear before the Shuaibu-led committee today at its national secretariat by 2p.m. It warned that “failure to and/ refusal to honour the invitation will amount to a decision you have made not to submit to the party,” adding that “while expecting you to honour this invitation, we urge you to be guided accordingly Meanwhile, after keeping

mum for over a week on the crises that has engulfed the House of Representatives, the Majority Leader, Hon. Femi Gbajabiamila, has cautioned against passing judgment on persons accused of corrupt practices, saying they are all innocent until proven otherwise. Crises erupted in the House following the removal of Chairman of the House Committee on Appropriation, Hon. Jibrin Abdulmumin, by the Speaker, Yakubu Dogara. Abdulmumin had since been making damning allegations against Dogara, Deputy Speaker, Yussuff Sulaimon Lasun; Chief

Whip, Alhassan Ado Doguwa, and Minority Leader, Leo Ogor, accusing them of corrupt practices and abuse of office. Gbajabiamila, in an e-mail to members, appealed for the mudslinging to stop. “On the budget issue at hand, it is clear that our budget process needs radical reform and very quickly too. Yes, allegations have been made but I strongly believe judgment should not be passed based on allegations. “We operate a constitutional democracy and we must at all times submit to its dictates and ethos. All parties are innocent until otherwise proven. This

should be our guide. I plead with all members. The mudslinging must stop,” he said. He also denied striking a deal with Abdulmumin, to keep fanning the embers of discord in the lower chamber and effect a change in the leadership. Abdulmumin has been calling for the resignation, arrest and prosecution of Dogara, Lasun, Doguwa and Ogor for corrupt practices and abuse of office. There have been speculations that Gbajabiamila, who is allegedly eyeing the speakership position, promised Abdulmumin a plum portfolio if Dogara is removed.

This was said to have allegedly informed why Abdulmumin has kept the House leader out of the list of principal officers, who he accused of making ‘senseless’ insertions in the budget, and projects worth billions to their constituencies. A lawmaker who spoke to THISDAY off the record said all principal officers made insertions in the budget as its ‘normal practice’. “So why has he not mentioned Gbajabiamila? He has insertions worth N2.8 billion

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Nigeria’s Barkindo Assumes Office as OPEC Secretary General Chineme Okafor in Abuja

Former Group Managing Director of the Nigerian National Petroleum Corporation (NNPC), Mohammad Sanusi Barkindo, yesterday assumed office as the Secretary General of the Organisation of the Petroleum Exporting Countries (OPEC) at the agency’s secretariat in Vienna, Austria. A statement from OPEC which THISDAY obtained in Abuja indicated that Barkindo was officially handed over to the organisation’s former Secretary General, Abdalla Salem El-Badri, who led it since January 1, 2007 Formally appointed on June 2, 2016, in Vienna to the post for a three-year term at the 169th meeting, Barkindo became the 28th Secretary General of OPEC, as well as the fourth Nigerian after Chief M.O. Feyide; Dr. Rilwanu Lukman; and Dr. Edmund Daukoru, to occupy the post. The OPEC statement profiled Barkindo as an accomplished oil technocrat and veteran of OPEC affairs, adding that he brings with him a wealth of experience in the global oil and gas industry. According to the statement, from 2009 to 2010, Barkindo NNPC’s Group Managing Director. He previously served as Deputy Managing Director of the Nigerian Liquefied Natural Gas (NLNG), a joint venture between NNPC, Shell, Total and Eni. It further explained that Barkindo had earlier in his career served as a Special Assistant to Lukman who was a former petroleum resources minister

and OPEC Secretary General. Barkindo, it added, equally worked in several key roles at OPEC between 1986 and 2010. “In 1986, he was appointed to Nigeria’s delegation to OPEC, and from 1993 to 2008, served as Nigeria’s national representative on the organisation’s economic commission board. In 2006, he served as acting Secretary General of OPEC, and represented Nigeria on OPEC’s Board of Governors from 2009 to 2010,” the statement noted. It explained that he also helped produce the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto protocol as the leader of Nigeria’s technical delegation to the UN negotiations since 1991. “He also served as Vice President of COP15 in 2010, when he chaired the opening session in Copenhagen attended by more than 100 heads of state and government. He is the longest serving member of the country’s delegation to the UNFCCC. He served as chairman of the OPEC task force of the United Nations Commission on Sustainable Development for the 15th session,” the statement further said in its profile of Barkindo. On his educational accomplishments, the statement said Barkindo earned a bachelor’s degree in political science from Ahmadu Bello University (ABU), Zaria; a postgraduate diploma in petroleum economics and management from the College of Petroleum Studies at Oxford University; and a master’s degree in business administration from Southeastern University in Washington, DC.

DONE DEAL

L-R: Chairman , Global Steel Company Limited, Mr. Pramod Mittal; Minister of State for Solid Minerals, Abubakar Bawa Buari; Vice President Yemi Osinbajo; and Minister of Solid Minerals, Dr. Fayemi Kayode, at the signing ceremony between the federal government and Global Steel Limited for the resuscitation of Ajoakuta Steel Company at the Presidential Villa, Abuja....yesterday GODWIN OMOIGUI

Kennedy Uzoka Resumes as Group Managing Director/CEO UBA Kennedy Uzoka yesterday resumed as the Group Managing Director and Chief Executive Officer of the United Bank for Africa (UBA) Plc. He took the mantle of leadership from Phillips Oduoza, who retired as Group Managing Director and CEO on July 31, 2016 after completing two terms of three years each. Until his resumption as the new GMD/CEO of UBA, Uzoka was the Deputy Managing Deputy of UBA, a position he held in the last six years, working closely with the former GMD/CEO. His appointment as the new GMD is seen as a testimony to the strength of the bank’s succession planning process. “Kennedy Uzoka’s appointment has once again proven the resilience of our succession planning process and the value we place on having in place a strong corporate governance system,” said Tony Elumelu, Chairman, UBA. Uzoka comes well prepared

for his new position. He has been leading the transformation agenda of the Bank, since returning from Harvard Business School. Uzoka has over two and half decades of experience in commercial banking, strategy and business transformation. Prior to his sabbatical at Harvard, Uzoka served as Deputy Managing Director, UBA Group and was also the CEO of UBA Africa, responsible for the group’s operations in 18 countries across Africa. A multiple award winner, Uzoka, has also supervised other key areas in the bank including e-banking and information technology in its New York and London offices in addition to strategic support groups such as human resources, legal advisory services, procurement and vendor management, corporate relations and marketing, among others. As a well-rounded banker, Uzoka has had direct and oversight supervision of critical business functions like Group Treasury and

International Financial Institutions and Transaction Banking, Pensions Custodian, Consumer Banking and Cash Management. He was at various times Head, Strategy and Business Transformation; Regional Bank Head, South Bank covering 17 states in Southern part of Nigeria; Regional-Director South-east, Vice President Northern Nigeria, Chief Marketing Officer, Federal Capital Territory (FCT), Chief Marketing Officer, Lagos, and Managing Executive Officer respectively. “Uzoka brings an extremely strong skill set and a wealth of financial services experience that will help the bank execute the next phase of its growth strategy. I have no doubt that he has the expertise and depth of business experience to ensure that the bank is best positioned to deliver on its strategic aspirations to be the most respected and trusted African financial brand globally,” Elumelu said. Addressing staff in a video podcast on his first day as GMD/

CEO, Uzoka called for support from his management staff and colleagues to grow the UBA brand which he described as strong, recognisable and trusted across Africa. He promised to build a bank based on a strong foundation of customer service. “We will stay close to our customers and do everything possible to serve them properly. Our customers will be the beginning, the middle and the end of our strategy,” he stated. UBA is one of Africa’s leading banking groups with operations in 19 African countries and offices in three global financial centres: London, Paris and New York. From a single country operation in Nigeria, Africa’s largest economy, UBA has evolved into a pan-African provider of banking and related financial services, to more than 11 million customers, through over 1,000 business offices and diverse channels globally.

TUESDAY AUGUST 2, 2016 • T H I S D AY

NEWS

Okorocha Introduces Three-day Work Week to Reduce Wage Bill Sends public servants back to farm

Amby Uneze in Owerri The Imo State Government has introduced a policy tagged: ‘Back-to-Farm’ to enable the state engage and invest heavily in agriculture for self-sustenance since the state can no longer depend on monthly allocation for survival. The state Governor, Chief Rochas Okorocha, disclosed that the ‘Back-to-Land for Agriculture’ policy of the state government would enable public servants engage in agriculture as a way of being self-reliant in business. He disclosed this when traditional rulers from the state operating under the aegis of Royal Fathers in Agriculture paid him a courtesy call at the

Government House in Owerri. He said the state executive council had given approval to the new policy. Against the backdrop of the ‘Back to Land for Agriculture’ programme, the governor directed that public servants in the state would now work from Mondays to Wednesdays, and use Thursdays and Fridays for agriculture (farming) while Saturdays can be used for ceremonies. And the directive takes effect from August 1, 2016. However, the governor exempted public servants on essential duties like the teachers, nurses, doctors and those involved in Internally Generated Revenue (IGR) drive. Political appointees

are also exempted from the three-days working periods. The governor added: “We shall try this programme for the period of one year, starting from August 1, 2016, and hopefully, this will help. Let me make this emphasis before it is misconstrued or misrepresented, that this does not in any way affect the salaries of the workers. “Workers will get their full salaries as been the practice. So the policy does not mean that there will be a cut in salary rather, let us now find a way for our workers to supplement their salaries.” Okorocha continued: “For this reason, the issue of annual leave and casual leave is hereby

cancelled. Resumption time for work has changed from 8a.m. to 7.30a.m. and ends by 4p.m. Any worker not found on his or her seat between 7.30a.m. and 4p.m. on the days concerned will be summarily dismissed. “Everybody must go back to agriculture. Every political appointee must own a farm. The youths would also be encouraged to take to agriculture. Schools including universities, polytechnics and secondary schools in the state must own farms. The Community Government Council (CGC) must be strengthened for the sake of this agricultural programme.” “Two billion naira has

been set aside at the microfinance bank for the purpose of this ‘Back-to-Land for Agriculture” policy so that those willing can access it. And time is again when politicians and some Imolites will come to government in the pretence of farming and collect loans and use it to buy cars and marry new wives. “I also want to announce that government has appealed to families and those who organise burials on Mondays to Wednesdays to please change and have their burials on Saturdays so that we can concentrate on the government’s work and on the agricultural programme. “Everything that has to

do with agriculture, no matter what shape it comes, government will support it. So many countries are going through economic crisis because of the fall in oil prices. “Our nation is also going through a very difficult moment. We have taken responsibility as leaders and we are not blaming anyone. Wise nations and leaders save for the rainy days. There were periods the oil price was in our favour. But those in charge then blew the money. They made no savings. Today, the oil price globally has crashed and here we are. And we must fall back to agriculture as the panacea.”

Military Lays Siege as Adaka Avengers Abort Secession Bid Emmanuel Addeh In Yenagoa Refusing to leave anything to chance yesterday, the Nigerian military laid siege on Kaiama, Bayelsa State, apparently in a bid to thwart the Adaka Boro Avengers’ move to declare the Niger Delta an independent republic. However, the militants failed to make good their threat, citing purported phone calls by former President Goodluck Jonathan and other leaders from the region appealing to them to sheathe their swords as the major reason for their decision. It could not be independently verified if the leaders indeed made the calls, but the group which said it is fighting against the injustice meted to the people of the region, stated that it only deferred the declaration for a future date. But the troops, mainly from the Military Joint Task Force ‘Operation Delta Safe,” it was gathered, started moving heavy weapons to the area late yesterday, even extending the operation to parts of Delta State. The security forces stormed Kaiama Community in Kolokuma/Opokuma local government, where the dissidents proposed to make the declaration, held ground and thoroughly searched anybody going into the area. Symbolically, Kaiama was where an earlier declaration of a Niger Delta Republic by ‘Ijaw hero’, Isaac Adaka Boro on February, 23, 1966, was made. Kaiama is also famous for the 1988 “Ijaw Youth Declaration” where youths drawn from over 500 communities and 40 clans met to deliberate on the best way to ensure the continuous survival of the indigenous peoples of the Ijaw ethnic nationality. But despite the military siege, residents said they were not molested, though the presence of several troops which were also stationed along the popular East-West Road, the major entry to the community. A resident, Ebi Job, who owns a provisions shop in the area,

noted that though she was first apprehensive when she saw the military personnel, they assured her that they were not after innocent people. She said: “We were afraid when we saw many soldiers with different types of guns since yesterday evening, but they told us not to worry as far as we are not joining the so-called Niger Delta republic militants. “They have been friendly, maybe because there is even no work to do, since the people have refused to come out and make the declaration,” she said. Another resident, who pleaded anonymity, said the military presence was to forestall any breakdown of law and order and also to ensure that nobody took advantage of the situation to molest innocent people. The new spokesman of ODS, Lt. Col Laolu Dauda, could not be reached for a reaction as he was said to be away on an official assignment outside the state. However, the Minister of Defence, Mansur Dan-Ali, had at the weekend, said the military was ready to do anything to ensure a united Nigeria. He spoke when he visited the JTF headquarters and other security formations in preparation for the military operation codenamed, “Operation Crocodile Smile” The ABA, while declaring that it would no longer continue with its plan, also named Mrs. Ankio Briggs, Chief Edwin Clark and King Alfred Diete Spiff as some of those who appealed to them to shelve the declaration. A statement by the group’s spokesman, ‘General’ Edmos Ayayeibo, had ordered every other tribe, aside people from the region, to leave the Niger Delta. “We received calls from prominent leaders like Jonathan, calling on us freedom fighters to abort our mission to declare a Niger Delta Republic.”

AN AUDIENCE WITH THE PRESIDENT

R-L: UNICEF Representative to Nigeria and ECOWAS, Ms. Jean Gough; President Muhammadu Buhari; UNOWA Special Representative to the United Nations Secretary General, Dr. Ibn Chambas; and United Nations Office for West Africa (UNOWA), Senior Legal Officer, Mr. Don Eden Webster, during an audience with the president at the State House in Abuja.... yesterday

Makarfi, Sheriff ‘s Tussle Divides PDP State Chairmen Onyebuchi Ezigbo in Abuja The lingering leadership crisis rocking the Peoples Democratic Party (PDP) is threatening the solidarity and unity of the state chapters of the party. Following the declaration of loyalty and support for the former National Chairman of theparty, Senator Ali Modu Sheriff by the Borno State PDP chapter Chairman, Hon. Shehu Shettima, the Chairman of PDP State Chairmen, Hon. Yahaya Y. Suleiman, yesterday said the state chapters of the party are in support of the National Caretaker Committee, led by Senator Ahmed Makarfi. Apart from reiterating their loyalty to national caretaker committee, Suleiman said in statement that the chairmen are pledging support for the party’s candidate in the Edo State governorship election, Pastor Osagie Ize-Iyamu. The statement read: “The attention of the PDP state Chairmen has been drawn to a

purported declaration of loyalty and support to the former National Chairman of our great party, Sheriff by the Borno State PDP chapter Chairman, Hon. Shehu Shettima. “I wish to state on behalf of the state chapter chairmen of the PDP in 29 states of the federation, that our unflinching and unalloyed loyalty and maximum support remains with the party led by the Makarfi-led national caretaker committee. “Our loyalty is first and foremost to the PDP and to the national caretaker committee which is a product of the party’s highest decision making organ, the national convention that held in Port Harcourt, Rivers State, and also affirmed by the Federal High Court in Port Harcourt, Rivers State on the fourth of July, 2016. “My position which represents that of 29 out of 30 chairmen of our party in the state where congresses held during the last state congresses is that, the PDP

must first of all survive before we can remain chairmen in our respective states. So, our loyalty is first to the PDP and then to the national caretaker committee which is approved, constituted and appointed by the PDP’s national convention; and upheld by a court of competent jurisdiction. “He warned that any of our member or members pitching tent with Sheriff should know that the interest of the party is supreme, paramount and bigger than any personal or parochial interest. “This is why we are also pledging our maximum support to the PDP leadership to dislodge and uproot the APC in Edo State come Saturday, September 10, 2016. “The PDP has only one candidate in Edo State, and his name is Ize-Iyamu and that is already confirmed by the court Judgment in Port Harcourt, on the 4th of July, which also made INEC to accept him as the PDP flag-

bearer. We are all queuing behind him and his running mate to provide the necessary dividends of democracy to the people of the state that have been impoverished in the last seven and half years of the APC’s administration. “We wish to therefore advise anyone hanging on to a non existing court judgment or order on Thursday, July 28, 2016 by Justice Okon Abang to desist from doing so. Any such person or persons are only working to destroy the PDP and playing the script of the ruling All Progressives Congress (APC). “Finally, we call on our members nationwide to continue keeping faith with the PDP and support the Makarfi’s led national caretaker committee and be focused on the preparation towards the forthcoming Nnational convention of the party in Port Harcourt, Rivers State holding on August 17, 2016,” he said.

T H I S D AY TUESDAY AUGUST 2, 2016

TUESDAY AUGUST 2, 2016 T H I S D AY

T H I S D AY TUESDAY AUGUST 2, 2016

T H I S D AY • TUESDAY, AUGUST 2, 2016

COMMENT

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

NIGERIA’S UNITY IS NEGOTIABLE (2) There is wisdom in negotiation, argues Godwin Etakibuebu

he Nigerian federation which came into existence in 1914 but “distorted” by the military since 1966, was actually negotiated. All the dramatis personae from both “area of the Niger” [Nigerians of North and South representatives] and “across the Atlantic [the colonialists]” were involved in the negotiation. In expanding the vista of the discussion therefore, we can only build on the inescapable fact that there is no danger at all, in discussing to a point of acceptance or rejection, which is the practical translation of negotiation, of any subject matter. The Bible tells us that God said in the beginning, according to Genesis 1:26, “let us create man in our own image and our likeliness”. That clarion call by the Maker of the universe was an introduction to discussion – some can call it negotiation, albeit to bring man into existence. So, it implies that man’s wisdom of negotiating things, either into existence or out of existence, is a cue wisely taken from the Creator. We therefore need to agree on negotiating the continuous existence of the Nigerian state along rules and principles that will offer liberties to all the 250 nationalities that have been forced together in 1914. This we can do within an acceptable legal framework. And the earlier we embark on this journey the better it shall be for everyone that is connected with the Nigerian Project. What is being proposed here is nothing closer to break-up. There are glaring advantages of Nigeria remaining together as one united country. Suffice to mention three advantages only and emphasise that these three are the necessary ingredients that qualify any country for leadership in world affairs. These are a large geographical space, natural deposit of mineral resources and lastly, a dense population. America has it, China has it, Russia has it and Nigeria has it. It means therefore that with proper management of rules of co-existence of the diversified nationalities that made up this country, we have the potential to lead the world one day in the future. This is my candid dream and prayer. Yet, if we, out of arrogant claim to this nonsensical slogan of “no-negotiation” and fritter away the goodwill of the people to agreeing on living together under a negotiated framework, Nigeria, with all its God-given resources, shall be consigned to dustbin of history. This is the real tragedy that must be avoided. Let us look at few examples of countries that accepted, under legal framework, to negotiate their corporate future

THERE ARE GLARING ADVANTAGES OF NIGERIA REMAINING TOGETHER AS ONE UNITED COUNTRY. THESE ARE A LARGE GEOGRAPHICAL SPACE, NATURAL DEPOSIT OF MINERAL RESOURCES AND LASTLY, A DENSE POPULATION

and those that refused to do likewise and see the attendant consequences that followed each of such decisions. Yugoslavia and Czechoslovakia came into existence within the same time and under almost the same circumstances in the life history of Eastern Europe. With time, discrepancies in culture, tradition, socio-political differences, religious affairs, nationality supremacy plus other maladies crept into the administrative apparatus of governance of both countries. The people of both countries, though not working in conspiracy, started detesting these anomalies and with time, started calling for remedies. The ruling class of both countries had different approach to demand of their individual citizens. Hence the results were different. Yugoslavia ruling class was emphatic that the “unity of the country was not negotiable”. This forced the agitating nationality groups into adopting different styles to attain both freedom and liberty. The end was a “non-negotiated” nationalistic war of survival, with millions of lives lost and the country breaking into five countries with the sixth one hanging in there. Break-away sovereign nations from Yugoslavia are Slovenia, Croatia, Bosnia and Hezergovina, Montenegro, and Serbia uniting with Macedonia while the sixth one, Kosovo, is making a concerted effort to break away from Serbia. While this country was disintegrating into pieces with millions of lives lost in a terrible war of nationalities’ survival, the other country, Czechoslovakia, saw the wisdom of negotiating a peaceful “divorce” between the two main contending nationalities: Czeck and Slovakia. The leaders of the country went to the negotiating table, agreed on what they called “Velvet Divorce”, implemented a peaceful dissolution and announced same on January 1, 1993. Not one soul was lost and no single bullet dispensed as both Czeck Republic with a population of 10.3 million people and Slovakia Republic with population of 5.2 million people took off smoothly in 1993, to the glory of God and humanity. The break-up was cheered, mostly in Slovakia, where the Prime Minister, Vladimir Meciar made the most memorable and enduring pronouncement: “Living together in one state is over. Living together in two states continues”. What a historical statement!

Etakibuebu, a veteran journalist, wrote from Lagos

WHY NIGERIA NEEDS UNIVERSITY OF HEALTH SCIENCES

Ediga Agbo argues that the country stands to gain from establishing the health university

he establishment of the Federal University of Health Sciences, Otukpo, Benue State, by the Federal Executive Council (FEC) on May 20, 2015, was greeted with great enthusiasm and applause across the nation because it was the first of its kind in Nigeria. Sadly, the celebration was short-lived and turned into grief when the university, alongside the other four that were established in the last days of the immediate past administration, was suspended four months later! The university was to return to its initial status as a College of Health Sciences, which was a campus of the Federal University of Agriculture, Makurdi (FUAM). It will be recalled that prior to the upgrading, FUAM was earlier granted the license to run the College of Health Sciences, which will be located with its teaching hospital in Otukpo. The university, like its counterparts in other parts of the world, was envisioned as a multidisciplinary space for education, research, translation and commercialisation, harnessing science and innovation to tackle health challenges. Developing an international reputation for excellence in teaching and research in health and health-related fields, the university would be committed to developing the next generation of researchers, scientists and academics through collaboration across disciplines. The federal government’s decision to establish the health-based university derived from the nation’s growing need for specialised manpower in the areas of health and health-related resources, which are germane to national growth and development. Such universities, as agents for specialised high-level manpower developments and self-reliance, contribute in no small measures to the economic development and living standard in many nations of the world. The relative dearth of health professionals in the country demands concerted efforts to

educate and train more health personnel to meet international standards. For instance, the World Health Organisation standard stipulates the ratio of one doctor to 600 patients; in other words, Nigeria needs at least 237,000 medical doctors. Today, the country has 35,000 practicing medical doctors; that figure is obviously inadequate to meet the health needs of the populace. From the experience of the past years, it is even becoming obvious that the quality of training, competence and skills needed by the profession even outweigh the need for more doctors. The current university-based medical college system in Nigeria, no doubt, has failed to meet the ever-expanding needs for health professionals that will adequately meet the health needs of the country. For instance, currently, there are 27 medical and dental schools fully accredited by the Medical and Dental Council of Nigeria. They will produce 2, 550 medical practitioners and 175 dentists per year. There are four partially accredited medical schools, with capacity to admit 200 medical students. The existing medical schools, based on statistics from the Joint Admissions and Matriculation Board, admit less than 20 per cent of the candidates who are qualified and are applying to study medicine. Each school has its quota; the reason being that they have to be trained competently based on the facilities available. The duty of the medical school is to produce people with competency skills after graduation. Based on the current statistics, it will take about 100 years to have the number that Nigeria needs, and that is if none of the doctors and new graduates leave the country. No wonder, many Nigerians have turned to India, South Africa and Europe for medical tourism. Other countries realised the need to establish specialised universities of Health Sciences to meet the health challenges of the 21st century and beyond. Some of the countries,

which gravitated towards the establishment of specialised universities of Health Sciences are Bangladesh, Pakistan, Austria, Ukraine, Libya, South Africa, Ghana, Uganda, Gambia, Kenya and Iran. The establishment of the Federal University of Health Sciences in Otukpo is therefore one sure way to expand access for applicants to enjoy university medical education in Nigeria. It is gratifying to note that the federal government’s 2016 budget proposals leaned heavily in favour of opening up the educational sector. Allocating N369.6 billion to the education sector, the largest in the budget, is clearly indicative of the government’s commitment to improving on the people’s access to quality education. With the current mantra to diversify the nation’s monolithic economy from the hitherto all-oil-based economy, the health industry offers a great potential as a revenue earner. For instance, the health care industry in India earns revenues accounting for 5.2 per cent of Gross Domestic Product (GDP) and employs as many as four million people. India attracts more than 18, 000 Nigerian medical tourists every year. The country has 381 medical colleges and 44 medical universities that train doctors and other allied health professionals. According to reliable sources, India’s earnings from the health sector could reach $73 billion by 2020. There is therefore the need for the Nigerian government to invest heavily in the healthrelated educational sector, drawing from the experiences of other countries. A report published in Leadership newspaper on November 21, 2015 showed that Nigeria loses about N3 billion to medical tourism annually. Nigeria alone accounts for 42.4 per cent of the medical tourism list of Africans going to India for medical attention. The Indian High Commissioner in Nigeria was recently quoted as saying that Indian hospitals received 18,000 Nigerians on medical visa in 2012 and about 15,000 in 2013.

In monetary terms, Nigerians spend about $260 million annually in search of medical attention in India. India’s pharmaceutical exports to Africa equally increased from $247.64 million in 2000 to $3.5 billion in 2014. It is hoped that the Federal University of Health Sciences, Otukpo, would join the league of medical universities that are consciously engaged in medical research and proffering solutions to health challenges in several parts of the world. It is on this premise that we are compelled to appeal to the federal government to have a second look and reconsider its stand on the status of the Federal University of Health Sciences, Otukpo, on its merits, which include but not limited to contributing to national development through self-reliance and development of high-level manpower for the health sector; expansion of access to accommodate the teeming number of potential students desirous of medical education and training and positive economic and social ripple effects on the immediate environment/catchment areas of the university and the nation at large. On the surface, the cost of running the universities may appear daunting but so it is with every good thing. The beginning is always rough but in the final analysis, the country stands to gain from this university. From the antecedents of similar universities in other parts of the world, there is every hope that the Federal University of Health Sciences, Otukpo, would revolutionise the health sector in Nigeria and bring to an end the endless search for medical attention (medical tourism) in other parts of the world with its attendant capital flight from the nation’s distressed treasury. We appeal that the present suspension on the Federal University of Health Sciences, Otukpo be rescinded considering the many advantages and gains derivable from the university. Professor Agbo wrote on behalf of League of Idoma professors

T H I S D AY • TUESDAY, AUGUST 2, 2016

EDITORIAL RAPE OF NIGERIAN MINORS

The authorities must do more to protect the Nigerian child

he growing rate of reported rape cases of minors in Nigeria is becoming unacceptable. What is more dreadful and unacceptable is that those involved in these criminal activities are usually treated with levity whenever they were arrested by the law enforcement agents. This disposition must change if we are ever going to deal with a situation that puts the lives and future of many of our children at great physical, emotional and psychological risk. A recent investigation by an organisation involved in conducting public opinion polls within the country, NOIPolls, revealed that almost seven in 10 adult Nigerians (67 per cent) decried the high incidence of teenage rape in the country, while three in 10 (31 per cent) personally know of a victim of child rape in their local communities. The findings of the organisation further revealed that almost four in 10 (36 per cent) of adult Nigerians claimed that most often the alleged offenders involved in child rape were close family BEYOND THE ISSUE relatives and neighOF COMMENSURATE bours (33 per cent). PUNISHMENT FOR And almost half (49 OFFENDERS, THERE per cent) of those that SHOULD BE INSTITUTIONS personally know a TO HELP THESE victim claimed they VULNERABLE VICTIMS were usually children ON HOW TO HANDLE THE aged between seven TRAUMA ARISING FROM and 12 years. Some SUCH CRIMES 78 per cent of these respondents claimed also that cases were reported without any serious effort by the police to investigate and/or prosecute the alleged offenders. Given the foregoing statistics, the crucial questions are: Why is child rape on the increase in Nigeria? And what should be done to control this social malaise? We will be putting it mildly to say that rape is one of the most traumatising forms of violence against children. It is even more damaging

Letters to the Editor

when carried out by a person in a position of power and trust in a child’s life. Against the background that the effect of rape is enormous, even for adults, specialists believe that a child who has faced that kind of ordeal could grow up believing everyone is going to hurt him or her and may have little or no self-confidence. Such a child could also be dreadful, inaccessible and lack respect for, and trust in, authority.

B T H I S DAY

EDITOR IJEOMA NWOGWUGWU DEPUTY EDITORS BOlAJI ADEBIYI, JOSEph UShIGIAlE MANAGING DIRECTOR ENIOlA BEllO DEPUTY MANAGING DIRECTOR KAYODE KOMOlAfE CHAIRMAN EDITORIAL BOARD OlUSEGUN ADENIYI EDITOR NATION’S CAPITAL IYOBOSA UWUGIAREN

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

EDITOR-IN-CHIEF/CHAIRMAN NDUKA OBAIGBENA GROUP EXECUTIVE DIRECTORS ENIOlA BEllO, KAYODE KOMOlAfE, ISRAEl IWEGBU, EMMANUEl EfENI, IJEOMA NWOGWUGWU GROUP FINANCE DIRECTOR OlUfEMI ABOROWA DIVISIONAL DIRECTORS pETER IWEGBU, fIDElIS ElEMA, MBAYIlAN ANDOAKA, ANThONY OGEDENGBE DEPUTY DIVISIONAL DIRECTOR OJOGUN VICTOR DANBOYI SNR. ASSOCIATE DIRECTOR ERIC OJEh ASSOCIATE DIRECTORS hENRY NWAChOKOR, SAhEED ADEYEMO CONTROLLERS ABIMBOlA TAIWO, UChENNA DIBIAGWU, NDUKA MOSERI GENERAL MANAGER pATRICK EIMIUhI GROUP HEAD fEMI TOlUfAShE ART DIRECTOR OChI OGBUAKU II DIRECTOR, PRINTING PRODUCTION ChUKS ONWUDINJO TO SEND EMAIL: first name.surname@thisdaylive.com

esides, all this will be compounded if the child has no support, is met with doubt or simply cannot tell anyone. If there is family breakdown and a lack of solid nurturing, such children are known to do less well at school because they are either not there or when they are there, they can’t concentrate. The abused child may also feel no relationship to the rest of the society. And like specialists in social studies have consistently argued, a person who feels unloved will surely not give love while those who feel disrespected would respect nobody. All these have a way of impacting negatively on the larger society. However, it is more worrisome that majority of rape cases involving children go unreported principally because parents want to protect their children from probable stigmatisation. But perhaps the main challenge is that most people also realise that the victims may not get justice. Therefore, there is need for the authorities to do more in protecting Nigerian children. First, the perpetrators should receive a sentence commensurate with their offences. Most Nigerians have suggested a stiffer punishment of at least 14 years imprisonment against the few months that currently exist in the statutes of most jurisdictions. Beyond the issue of commensurate punishment for offenders, there should also be institutions to help these vulnerable victims on how to handle the trauma arising from such crimes. We must work to protect our children from unconscionable predators who are messing up innocent lives and getting away with it.

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

IN PRAISE OF CHIKA OKAFOR “There are men who lift the age they inhabit, till all men walk on higher ground in that life time.’’ - Maxwell Anderson

he above quote succinctly describes the personage of Chief Chika Okafor, Chairman of CHICASON Group. His perception of life is such that he believes that all men and women ought to live life in fulfillment, peace with one another and service to others. Having lost his father and the breadwinner of the family at an early age, he joined his mother in her bread- selling business. In doing this, he demonstrated at that early age a unique business acumen by sandwiching ‘’akara’’ balls in small loaves of bread. With this novel approach, their business gained an edge over their competitors in those days at Nnewi. This led to increase in sales, and consequently the income of the family. He continued this business with his mother, carrying with it the responsibility of raising his younger siblings until later when he ventured into other areas of business from poultry farming to selling newspapers. This brief background easily paints a picture of the entrepreneurial skills of Chief Chika Okafor, who today has expanded his conglomerate to over 16 countries across the globe. With over 15 global companies in the CHICASON Group, Chief Okafor has built a multi-billion dollar business empire that employs more than 25,000 workers. Some of the companies include A-Z Petroleum Products Ltd, RIMCO Ltd, makers of Life vegetable oil; PROMOTEX Industrial and Chemical Co. Ltd, Master Feeds Ltd,and lots more.

His estate development company, Rock of Ages Plc, has commenced the construction of 100,000 apartments and housing units across the country. While 10,000 units are being constructed in Abuja, the remaining will be constructed in the various states of the federation according to the needs and requirements of each state government. His reach and influence cuts across many centres of power, as he is a friend and relates personally with over 10 African Heads of States and Governments. Perhaps, this can be attributed to the humongous business investments he has made in their various countries. Apart from his businesses, one area Chief Okafor has distinguished himself is in the area of philanthropy and humanitarian services. Very often he takes time off his numerous business schedules to attend to the less privileged in the society. He has built churches for various communities and provided succour to the needy, as he builds houses for widows and offers scholarships to indigent students. As at the last count, more than 1200 students have benefited from his scholarship scheme from primary to university levels. Suffice it to say that he has built schools in various communities, and it was in recognition of these humanitarian activities of Chief Okafor that the prestigious Nnamdi Azikiwe University in 2008 honoured him with an Honorary Doctorate Degree in Business Administration. Perhaps, one unique characteristic of Chief Okafor that is very interesting is his indefatigable, untiring, and indomitable spirit in building and sustaining his various large industrial complexes. In

situations where power, infrastructure have made some companies to fold up or relocate to other countries, Chief Okafor has been able to navigate and trudge on. This attribute has made it possible for thousands of Nigerians working in his companies to retain their jobs and sustain their families. The question may be asked: how is Chief Okafor able to achieve his lifetime goals? Firstly, he dedicates about three hours of his time daily to praise God, and secondly he is a workaholic. In fact, many people consider him to always be on the move, and wonders if he unwinds. To the chief, his idea of exercising is the three-hour songs of praise he engages in daily, as he jumps claps, kneels, and sings in honouring God Almighty. He did not achieve all these without the unflinching support of his wife and children who usually carter for the home front while the chief traverses the globe attending meetings, signing contracts and negotiating new deals. Chief Okafor is a source of inspiration for many people considering his ability to stoop to the ordinary man’s level, his humility and humanitarian side. The lesson to draw from his great attainments and yet humane disposition to his fellow men is the fact that wealth can be built by individuals not for their self-aggrandisement but to be used for the greater good of humanity. Chief Okafor as a man of means seems to believe what Maxwell Anderson had in mind in the quote above, when he set out from his early days in business to devote his abilities and energy towards improving the lot of his fellow men. Chukwudi Enekwechi, Abuja

T H I S D AY • TUESDAY, AUGUST 2, 2016

POLITICS

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

EXECUTIVE BRIEFING

Abang: A Judge and His Controversies A month after he delivered the ruling sacking Governor Okezie Ikpeazu of Abia State, Justice Okon Abang of the Federal High Court, Abuja, reignited the crises plaguing the Peoples Democratic Party with another controversial ruling, writes Davidson Iriekpen

ust when members of the Peoples Democratic Party (PDP) thought that the crises rocking the party had been resolved, Justice Okon Abang of the Federal High Court, Abuja, last week resurrected the crisis with a ruling largely seen as controversial, when he nullified the appointment of Senator Ahmed Makarfi as the caretaker committee chairman of the party and affirmed Senator Ali Modu Sheriff as the authentic National Chairman of the party. The judge held that Sheriff remained the authentic national chairman of the PDP and had the authority to act and take decisions on behalf of the party, adding also that any decision outside his committee was illegal, unlawful and not binding on the party. Aside ruling that the Makarfi-led committee was illegal and could not conduct any function on behalf of the party, Abang also barred the caretaker committee from conducting the national convention of the party slated for August 17 in Port Harcourt, the Rivers State capital. Recall that as a way to permanently resolve legal crises plaguing the PDP, Justice Abdullahi Liman of the Federal High, Port Harcourt had on July 4, declared the May 21 national convention of the party valid, stating that its decisions did not violate any known law or the constitution of the party. He also affirmed that the appointment of the Makarfi-led national caretaker committee by the national convention of the PDP to oversee its affairs was legal and in line with the provisions of the party’s constitution. He therefore dismissed all grounds of defence put up by Sheriff. Liman said Article 31 (1) of the PDP constitution vested the powers to convene a national convention on the national executive committee of the party and held that pursuant to the constitution of the party, Sheriff had no powers to unilaterally postpone the properly constituted national convention on a day all delegates had converged on Port Harcourt, the host city. The judge described the action of Sheriff as “most unconscionable”, pointing out that the former acting national chairman participated in all the processes leading to the national convention, only to make a U-turn at the final minute after he was screened and disqualified. The

To many observers, the latest ruling of Justice Abang has not only brought to the fore, the level of decadence in the country’s judiciary but as a confused institution. While in advanced democracies, people take their disputes to the courts for resolution and justice, this is not usually the case in Nigeria as cases get complicated in some instances

Abang...habitually controversial

court ruled that after Sheriff was disqualified following his screening, the only option that was left to him was to have gone to the venue of the national convention to seek the opinion of delegates whether they were prepared to go on with the convention or not. According to him, the absence of Sheriff at the convention did not visibly affect the process as his powers were not usurped. He declared that under Article 35 (b) of the PDP constitution, in the absence of the chairman, the deputy chairman was empowered to preside over the national convention. He further argued that in line with Article 33 (2) of the PDP constitution, the national convention of the party is supreme and can exercise the powers to dissolve the national working committee and the national executive committee of the party. On the issue of the abuse of court process claimed by the former national acting chairman, the court held that the plaintiffs in the case in question were not the same in the cases mentioned by the defendants, noting that the plaintiff’s suit only centred on the national convention. Justice Liman emphasised that there was no suit challenging the conduct of the national convention in Port Harcourt and that no injunction was sought to stop the convention. He noted that five days to the national convention, Sheriff had, through his counsel, Ahmed Raji (SAN), dissociated himself from one of the suits they filed via proxies. But Justice Abang, who has concurrent powers with Justice Liman, but sat as superior court, last Thursday, condemned the Port Harcourt judgment and held that the purported convention held in Port Harcourt on May 20 was in violation

of two court orders of the Lagos Division of the Federal High Court, which barred the PDP and INEC from holding the convention. He barred the Makarfi-led caretaker committee from exercising any authority or taking any decision on behalf of the PDP on account of being an illegal body. Elevating his court to an Appeal Court, Abang took a swipe at the Makarfi-led group for going to Port Harcourt to obtain a favourable judgment from a division of the Federal High Court, which is a court of co-ordinate jurisdiction to that of Lagos. He reprimanded his colleague in the Port Harcourt division for recognising the Makarfi-led caretaker committee, saying it was unlawful, illegal and has no foundation in law to stand. He further held that until the orders made by the Lagos Division of the Federal High Court, which restrained the PDP from holding the convention at the time it did was set aside, anything done in contravention of the two subsisting orders stands. The Port Harcourt Division of the Federal High Court cannot make an order to neutralise the effectiveness and potency of orders of the Lagos Division of the Federal High Court, he said. Rather allowing the parties to sort out their counsel as it’s usually the practice, Justice Abang completely descended into the arena when he further ruled, among others, that the lawyer hired by the Makarfi faction of the party could not represent the party and recognise the lawyer hired by the Sherriff’s faction. He held that the letter by Senator Makarfi appointing Ferdinand Obi (SAN) for PDP was illegal, unlawful and was set aside by the court on the grounds that Makarfi has no law to his side to appoint a lawyer for PDP or carry out

any act on behalf of the party. Justice Abang therefore upheld the appointment of Olagoke Fakunle (SAN), having been appointed to represent PDP by the Sheriff-led committee. Last May, a considerable number of PDP members had gathered in Port Harcourt for a national convention aimed at electing national officers to oversee the affairs in the next few years before the 2019 elections. But half way into the event, sensing the plot and hidden agenda of Sheriff, the leaders of the party passed a vote-of-no confidence on the Sheriff executive committee. Consequently, the Makarfi-led national caretaker committee was appointed to oversee the affairs of the party until a substantive executive is put in place. Before the Port Harcourt gathering, rumours had made the rounds that a Federal High Court in Lagos had stopped the botched national convention. Upon enquiries, Sheriff had vehemently denied authorising anyone to file a suit on his behalf. A day to the convention, Sheriff’s counsel, Dr. Yemi Oke, had told Justice Ibrahim Buba that he had to rush to court in view of “a very desperate and sad situation imposed upon us by certain desperate elements.” Oke claimed that his clients were not aware of the circumstances culminating in the restraining order of the court, claiming that the order was procured by “fraud and gross mischief” and “desperate elements, whose antecedents are known at the Bar.” He informed the judge that his clients had in the circumstances brought two applications, one of which was praying the court to set aside the proceedings leading to the May 11, 2016 restraining order and another asking the court to stay the execution of the May 11 order, pending the outcome of an appeal already filed by the PDP and Sheriff. Oke claimed that the PDP and Sheriff did not authorise any lawyer to file any suit to stop the national convention of the PDP. He informed the court of a letter dated May 16, 2015, written by Sheriff and addressed to Mr. Ahmed Raji (SAN), asking him to “take necessary steps to dissociate myself and the party from the said suit with immediate effect. “The 2nd and 3rd defendants were never served and never appointed any counsel to stand in for them. The 2nd and 3rd defendants never had notice of the pendency of the suit; to that extent, we have served a letter written by the National Chairman of the party, Sheriff and signed by him, to the effect that he never appointed any counsel.” As soon as he was sacked in Port Harcourt by the leaders of the party, who later uncovered his tricks and decided to beat him to his game, Sheriff turned around to reactivate the same suit. He claimed here that his tenure had not expired was supposed to vacate office in 2018. This raises the questions: was Sheriff elected or appointed? If he was appointed, why would he claim to be entitled to a four-year tenure, which is reserved for elected chairman? Was he not appointed pending a convention? Why is he afraid to hand over? In any case, is Abang’s court a Court of Appeal for him to delve into a matter that had been resolved by the same court? To many observers, the latest ruling of Justice Abang has not only brought to the fore, the level of decadence in the country’s judiciary but as a confused institution. While in advanced democracies, people take their disputes to the courts for resolution and justice, this is not usually the case in Nigeria as cases get complicated in some instances, making many Nigerians wonder when the country would ever get things right. NOTE: Interested readers should continue in the online edition on www.thisdaylive.com

T H I S D AY • TUESDAY, AUUST 2, 2016

PERSPECTIVE

Marafan Sokoto Quits the Stage Ahmed Raji pays a glowing tribute to a former presidential aspirant and prominent member of the intelligence community, Alhaji Umaru Shainkafi, who died recently in London, the United Kingdom

aba Marafa was a unique person. His uniqueness started from his birth, which was noble; his life, which was distinguished on to his passage – full of honour. He was in the class of revered Kings and leaders. The final resting place of his mortal body is Hubarre, where Usman Dan Fodio and his successors were laid to rest. It is against the background of his unique nature that the various tributes from both the north and the south of Nigeria have come, not surprisingly. His footprints are in many areas most outstanding of which are in the areas of security, traditional institutions, politics and law. As the Director General of the Nigerian Security Organization (NSO) in the Second Republic, it was a golden era in terms of intelligence gathering. So efficient was the outfit under him that nothing happened without the government of the day having a prior knowledge. Not even the 1984 coup came as a surprise to the government. Baba was a deeply religious person, who constantly had in mind the hereafter. It has been confirmed that he encouraged a lot of people to be good Muslims. In this regard, he sponsored many to perform the holy pilgrimage to Mecca, which is a major pillar of Islam. But most importantly, he lived the life of a true Muslim. He never joked with his five daily prayers at the right time and in congregation. No matter what he was engaged in, once it was time for prayers, he would get up and join the congregation. I witnessed this many times in the past three decades. It was reported that he built a number of mosques, including the one in Ikoyi prison. On my way to Saudi Arabia for Umra in June this year, I called on him in London. He was still recuperating. Before I left him, he asked me to find out if the hotel I was going to stay in Medina had facilities for the physically challenged as he could not walk. I then asked him if he would like to perform the Umra and

A lot has been written about his politics. He was a compass and a great encyclopaedia of Nigeria’s affairs. He taught us about Nigeria, her history and heritage. Though a Yoruba man, my great appreciation of Baba Obasanjo was from my knowledge of him through Baba Marafa. Baba Marafa had great respect for Baba Obasanjo. When Baba Obasanjo sought to visit him as part of his consultations towards the 1999 elections, Baba Marafa offered to go to Baba Obasanjo in Ota, out of abundant respect for the great Ebora Owu, who often called Baba Marafa by his first name, ‘Umoru’

Shinkafi...a patriot bows out

he answered in the affirmative. We spoke a few times from Saudi Arabia. His eagerness to come and worship his God was clearly uppermost in his mind. On one of my visits to him in hospital in the United Kingdom, I asked him if he could still remember Ayyat Qursy in the Quran and he said yes. He brought out his hands and I saw his rosary clutched between his fingers in spite of all the gadgets on his body. May Allah admit him into Aljanna Firdausi. (Amen) He had a lot of regards for the Traditional Institution and this confirmed the excellent judgment of the late Sultan Abubkar Saddiq, (The father of the current Sultan) in conferring on him the prestigious title of Marafan Sokoto. This cycle of honour was completed by the current Sultan, who graciously and most uniquely honoured his body to be buried at Hubarre in Sokoto. More than a decade ago, Baba Marafa asked me whether the Alaafin of Oyo knows me and I replied by saying that the Iku Baba Yeye knows my uncle. Baba retorted by saying he was not talking about my uncle. He asked, “Does the Kabiesi know you in person?” I said no. He then counseled me to find my way to the palace. I did and I will forever thank him for the advice. This paid off very well as Kabiesi even honoured me with his royal presence at my call to the inner bar in

September, 2012. Baba Marafa was so happy that the Alaafin came to the event. It is on record that the Alaafin has never honoured any Senior Advocate of Nigeria (SAN) in that way. The credit goes to Baba Marafa. A lot has been written about his politics. He was a compass and a great encyclopaedia of Nigeria’s affairs. He taught us about Nigeria, her history and heritage. Though a Yoruba man, my great appreciation of Baba Obasanjo was from my knowledge of him through Baba Marafa. Baba Marafa had great respect for Baba Obasanjo. When Baba Obasanjo sought to visit him as part of his consultations towards the 1999 elections, Baba Marafa offered to go to Baba Obasanjo in Ota, out of abundant respect for the great Ebora Owu, who often called Baba Marafa by his first name, ‘Umoru’. The meeting later held at the Sheraton hotel in Ikeja, Lagos. The rest of this is for a future date. He was not sectional in his politics and his office at Ribadu Road, Ikoyi was a meeting point for all Nigerians from all the corners of Nigeria. You would see such great Nigerians as Etim James, Pere Ajuwa, Victor Odili, Hyde Onuaguluchi, Zachariah Idris, Kura Mohammed, Adamu Augie, Kaloma Ali, Hamed Kusamotu, Arisekola Alao, Robert Clarke, Bola Afonja, Alani Bankole, Pa. K.O. Owonikoko, Pa. Anjorin Ohu and many others. His like in this respect is his great friend,

the late General Sheu Musa Yar’Adua. His campaign outfit, ‘Choice 92’ was a great platform, which resonated in all the nooks and crannies of Nigeria. As a true believer that he was all through his life, he accepted with equanimity the decision of the then military government to ban him and 22 other aspirants of the SDP and the NRC from the transition politics of that time. He forged ahead with an abiding faith in the Almighty. The rest is history. He never appeared in court as a barrister even though he was a great solicitor, whose advice and opinions you could hardly fault. He was a good listener. Whenever he injected your ideas with real life experiences, delivered with excellent choice of words, you could not but bow to thank him. His grammar and use of words were unique and we constantly learnt from him till he quit. Baba Marafa was a mentor, role model, father, friend, instructor, benefactor and indeed a recurring decimal in the lives of those of us who knew him. Our special condolences go to his Eminence, the Sultan of Sokoto, the Magaji Garin Sokoto, the Sultanate Council, the wives, children, brothers, sisters, nieces, nephews, all the relations of the great Marafan Sokoto, the Intelligence community and indeed, all Nigerians. May the Almighty Allah reward him with Aljanna Firdausi. Amen. -Raji, SAN, writes from Abuja, the capital city

TUESDAY, AUGUST 2, 2016 • T H I S D AY

FEATURES

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

Bayelsa as a Culture and Tourism Haven Emmanuel Addeh writes on the rich cultural and tourism potential of Bayelsa State which when explored could be a major revenue earner for the state

any people would be shocked to know that the Ijaw language, which is mostly indigenous to Bayelsa, is not monolithic. In essence, what that means is that all the Ijaw people found mainly in Bayelsa and to some extent in Delta, Rivers, Ondo, Edo and Akwa Ibom States do not speak a single dialect devoid of variations, as many erroneously believe. Generally speaking, this is just one of the misconceptions of some Nigerians relating to the Ijaw culture or people who have Izon, Nembe, Ogbia and Epie-Atissa as the four most spoken Ijaw dialects. Other Ijaw dialects include Tamu, Mein, Jobu, Oyariri and Tarakiri. Bayelsa lies almost entirely below sea level with a maze of meandering creeks and mangrove swamps, flowing into the Atlantic Ocean via the major rivers such as San Bartholomew, Brass, Nun, Ramos, Santa Barbara, St. Nicholas, Sangana, Fishtown, Ikebiri Creek, Middleton, Digatoro Creek, Pennington and Dobo. The major towns in Bayelsa State are Yenagoa, Amasoma, Sagbama, Obi, Kauama, Oloibiri, Ogbia, Oporama, Koluama, Brass, and Opokuma. Aside the rich culture, the Ijaw people of Bayelsa are reputed to have beautiful landscapes, climate, lifestyle, arts, tourist attractions and some of the most delicious delicacies in the Niger Delta region. Engaged mainly in fishing, farming, palm oil milling, lumbering, palm wine tapping, local gin brewing, trading and exchange of locally made goods, and to a lesser extent, carving and weaving. The Ijaw people of Bayelsa pride themselves as good harvesters of natural resources from the seas, oceans, creeks and lakes. Though that notion may have been blighted by the discovery of oil and gas resources in the state which have succeeded in dealing a devastating blow on the pristine nature of the land and waters of the Ijaw people, nevertheless, they have continued to explore their God-given resources aside the black gold.

The Ox-Bow Lake offers boat rides, swimming and relaxation, while the Mungo Park Residence, named after the explorer Mungo Park, who discovered the source of the River, remains a beautiful relic. It was the divisional headquarters of the colonial rulers of Brass Division. The old building has been preserved and refurbished as a monument for historical tourism. The wood and brick building remains strong, weathering decades of storms

Dieiema Beach Palm Village

Nigeria's first oil rig in Oloibiri

On personal beliefs, with still pockets of traditional African religion worshippers in the state, Christianity remains the most widely practiced religion in the area which reportedly produces between 30 to 40 per cent of Nigeria’s oil export. In arts, the Ijaw people are involved in carving mainly canoes, boats and coral beads, using shells from sea animals to create crafts for fashion, and decorative purposes. Indeed, the people of Bayelsa and the Ijaw people in general have many foods and delicacies that are localised, but also very much relished by other parts of the country. For instance, the popular boli and fish, which is mainly roasted plantain, ripe or unripe, served with barbequed fish in palm oil

peppered stew is said to be indigenous to the Ijaw people, though fast becoming accepted nationally. The fact that this favourite delicacy is fast eluding the reach of the masses, due to its skyrocketing price even as a unit now sells for as high as N150 and a slice of fish for an additional N120, has not prevented many people in the state to regard it as a ready “life-saver” when hunger knocks. So also is the polofiyai, a traditional Bayelsa recipe, served with pounded yam, comprising periwinkles, plantains, dried fish, and scented leaves in palm oil and onion base. Then, there’s Kekefiyai , a pottage made with chopped unripe plantain, fish , sea food, bush meat and palm oil, Opuru Fulo, made with lots of lobsters with condiments

of smoked fish or fresh fish, spices and eaten with starch, yam, rice or plantain. Aside the delicacies mentioned, Banga soup, a typical Izon meal derived from palm fruits, with the juice extracted with such condiments as fish, Izon spices and served with a variety of grains, eba, starch made from the extracted yam flour is also enjoyed by the people. So also is pepper soup, highly spicy waterbased soup, taken across Nigeria which is claimed to have originated from the Ijaw people, usually served with plantain, yam or rice. And there is Gbe, the grub from the raffia palm tree beetle, eaten raw, dried or pickled in palm oil and several seafood which litter most parts of the state of just less than two million inhabitants, going by the 2006

• T H I S D AY TUESDAY, AUGUST 2, 2016

FEATURES

Ijaw dance troupe

Ijaw woman roasting boli

Some of the delicacies

Dickson..number one promoter of culture and tourism in Bayelsa

Ijaw beads

national census. Away from food, about three quarters of Bayelsa's total area is surrounded by water, with a beautiful coastline through which there are many rivers and creeks flowing into the Atlantic Ocean. In fact, it is widely believed that the Edumanom Forest Reserve in the state remains the last known site for Chimpanzees in the Niger Delta and then the many beautiful beaches. With its aquatic splendour, entertaining cultural festivals, traditional masquerades and enthralling dances, historical and colonial relics, Bayelsa is home to the historical relics of the Akassa slave transit camps and tunnel, the colonial cemetery at Akassa and Brass where the graves of some colonial masters are located. There are also natural sandy

beaches especially in Agge, in Ekeremor Local Government and Twon Brass in Brass Local Government, natural mangrove forests, rivers, creeks, lakes, swamp and green terrains are some of the tourist attractions. In Agge, located between Bayelsa and Delta states, the Palm Beach is reputed for being a long stretch of tides which intermittently flush on the shores and suitable for surfing and many other tourist activities. So, also are the Okpoama, Akassa, Deiama, Odioma beaches. There are also lakes in Okao Toru-Orua, Lake Effi and Oxbow lake which when explored could be major revenue earners for the state. For instance, the Lake Okao Toru Orua is said to harbour abundance of fishes, crocodiles, several exotic birds and wildlife, with the

forest of Lake Okoa characterised by wild monkeys. Accessing the lake is mainly through Yenagoa and another journey of between 25 to 30 minutes through the bush part, it was learnt. Museums, mausoleums, statues, edifices and monuments, including the Christopher Iwowari Monument in Bassambiri, Oloibiri Oil Museum, where oil was first discovered in 1956, the Mungo Park Residence, Akassa Slave Tunnel, Akassa LightHouse and Ogidigan Deity are also memorable sights to behold. Other beautiful tourist attractions include the Peace Park in Yenagoa, with cultural festivals spanning each of the eight local government councils. The white man's graves in Town Brass and Akassa are said to be cemeteries

containing the graves of Europeans who died during the Anglo-Nembe battle, popularly called the Akassa War of 1895, or others who died of diseases like malaria as a result of mosquito bites. Some of the graves are said to have existed for centuries and give a vivid imagination of what happened during the colonial era. Many of those whose graves can still be accessed in the area include Capt. Abraham Fred, Harold Barclay, who was then a military Commander, George Taylor, a lieutenant in the army, Capt. Fredrick Leigh-Lye and several others as engraved in the ancient sepulchers. Nigeria’s First Oil Well, Oloibiri in Oloibiri Town, is a monument on the road junction where is sited the first crude oil well, ever drilled in Nigeria when oil was discovered in Nigeria in 1956. The oil well, 12,008 feet deep, marked the beginning of Nigeria’s economic base shift from agriculture to oil and gas with just over 5000 barrels per day at the time. The Ox-Bow Lake offers boat rides, swimming and relaxation, while the Mungo Park Residence, named after the explorer Mungo Park, who discovered the source of the River, remains a beautiful relic. It was the divisional headquarters of the colonial rulers of Brass Division. The old building has been preserved and refurbished as a monument for historical tourism. The wood and brick building remains strong, weathering decades of storms. Akassa Slave Transit Camp and Tunnel, the transit camp found in Ogbokiri, Brass near Akassa in Brass LGA, is the spot where slaves were camped and later transported to the New World (America and Caribbean) through the Atlantic Ocean. The grim-looking houses built of iron and brick where slaves were chained as they awaited shipment to the Americas still stand to show the horrific slave trade era. Akassa Forest is one of the major forest reserves of the Niger Delta region for bird watching with over 69 species of birds recorded. Other places that might interest first time visitors to the state include the Agricultural Palm Beach in Ekeremor LGA, the Odi Holiday Resort in Kolo Kuma/Opokuma, Ossiama Fish Lake in Southern Ijaw. So also is Koluama Holiday Resort in Southern Ijaw, Okpoama beach in Brass, Isaac Adaka Boro Monument at Kaiama in Kolokuma/Opokuma. So, with all these natural goldmines, what is the role of the state government to make sure that like most forward-looking parts of the world, the Ijaw culture is preserved and indeed draw the attention of the world. Secondly, how can these resources be put to the best use with a view to making them a major source of income. For a start the state government noted that it began with the creation of the Ministry of Culture and Ijaw National Affairs as a way of resuscitating and promoting the Ijaw culture. Governor Seriake Dickson says that the establishment of the Ijaw House, the completion of the Ijaw Heroes Memorial Park, institution of the Ijaw Film Project, among others are ways that he is ensuring that the Ijaw culture is enriched. On how the state could generate revenue from tourism, he adds, “it is in realisation of this fact that we created the Bayelsa Tourism Development Agency to harness the tourism potential and diversify the state economy. “We have also established the school of tourism and hospitality to train quality manpower to man state-owned hotels with high level of professionalism. “ The world over, tourism is becoming the largest and fastest growing industry and Bayelsa State with its unique aquatic splendour, beautiful vegetation, fascinating culture and history, offers an extraordinary array of tourism opportunities,“ he posits. According to him, various festivals in the state have also been upgraded to international repute to attract tourists from all over the world. “Tourism has been accepted as a special purpose machine to diversify the economy of Bayelsa State and take the attention away from oil and gas”, he notes. However, it is believed that if the state government sees through its plans to urgently diversify its economy, Bayelsa might just be on its way to becoming one of the few model states in the country to have succeeded through tourism. And not a few are of the opinion that it has to be now. As the Ijaw proverb puts it, “a man with fire in his hands, has no time for pleasantries.“

IMAGES

T H I S D AY â&#x20AC;˘ THURSDAY, AUGUST 2, 2016

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

L-R: Chief Executive Officer, Computer Warehouse Plc, Mr. James Agada; Executive Programme Coordinator, Ms. Tale Alimi; Co-Founder / Executive Director, Falcon Group, Mrs. Audrey Ezeigbo; Managing Director, Netplus Advisory, Mr. Wole Faroun; and CEO, Heels.com.ng. Mr. Ikenna Okonkwo, at the Success Circle Africa conference in LagosĂ&#x2013;recently

L-R: Manager, Corporate Affairs, Brand and Marketing, Standard Chartered Bank, Joke Adu; Global Head, Public Affairs and Sustainability, Standard Chartered Bank, Shastry Vasuki; Head, Corporate Affairs, Brand and Marketing, Nigeria and West Africa, Standard Chartered Bank, Dayo Aderugbo and Executive Secretary of Youth Empowerment Foundation, Iwalola Akin-Jimoh; at the Goal Workshop on youth empowerment, held at Akoka Junior High School, Lagos... recently

L-R: PTA Chairman, Good Shepherd Schools ,Otta, Pastor Emmanuel Adebayo; Dean, Faculty of Education, University of Lagos, Prof. Supo Jegede and the Director, Good Shepherd Schools, Dr. Adebayo Oyeyemi, during the 18th Valedictory Service and Prize-giving day of the Schools, at Atan Otta, Ogun State..recently

L-R: Vice President/General Manager, GSK Consumer Healthcare Africa, Mr. Jonathan Girling; Chairman, Board of Directors, GlaxoSmithKline Consumer (GSK) Nigeria Plc, Mr. Edmund Onuzo; Managing Director, Mr. Dayanand Thandalam and the Company Secretary, Mr. Uche Uwechia, during the 45th Annual General Meeting (AGM) of the company in Lagos...recently KOLA OLASUPO

L-R: Divisional Chief Executive Officer, Switching and Processing, Interswitch, Mr. Akeem Lawal; General Manager, Mobile Finance Services, Craft Silicon, Mr. Niladri Sekhar Roy; Chief Evangelist, Chatpay, Mr. Gbanga Adams and Sales Head, Craft Silicon, Mr Ketam Pulau, during the launch of Chatpay held at Civic Centre, Lagos..recently SUNDAY ADIGUN

L-R; Transformation Director, Union Bank, Joe Mbulu; Head Corporate Affairs, Union Bank Plc, Ogochukwu Ekezie-Ekaidem and National 200m Champion, Divine Oduduru during a press conference by Union Bank to announce its support for the Team Nigeria at Rio 2016 in Lagos...recently Abiodun Ajala

L-R: A beneficiary, JTwenty7 Foundation, Mrs. Caroline Ojumu; Founder, Ms. Doyinsola Olaoye; Vicar, Saint Peters Anglican Church Idimu, Venerable Festus Ademola and Evangelist Fadunsi Abimbola, during the JTwenty7 Foundation outreach for widows, in Lagos...recently

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Quick Takes Chevron Reports Q2 Loss of $1.5bn

Chevron Corporation has reported a loss of $1.5 billion for second quarter 2016, compared with earnings of $571 million in the second quarter of 2015. Included in the quarter were impairments and other noncash charges totaling $2.8 billion, partially offset by gains on asset sales of $420 million. Foreign currency effects increased earnings in the 2016 second quarter by $279 million, compared with a decrease of $251 million a year earlier. Production increases from project ramp-ups in the United States, Angola, Canada and other areas were more than offset by normal field declines, the effect of asset sales, the Partitioned Zone shut-in, maintenance-related downtime, and the effects of civil unrest in Nigeria. Sales and other operating revenues in second quarter 2016 were $28 billion, compared to $37 billion in the year-ago period. “The second quarter results reflected lower oil prices and our ongoing adjustment to a lower oil price world,” said Chairman and CEO John Watson. “In our upstream business, we recorded impairment and other charges on certain assets where revenue from expected oil and gas production is expected to be insufficient to recover costs. Our downstream business continued to perform well,” Watson added.

ExxonMobil Earns $1.7bn in Q2

ENHANCING REVENUE COLLECTION

L-R: Consultant, Lagos State Internal Revenue Services (LIRS), Hon. Adeniyi Fabikun; Executive Chairman, Mr. Olufolarin Ogunsanwo; President, Lagos State Council of Tradesmen and Artisans (LASCOTA), Alhaji Nurudeen Buhari, during a meeting between the LASCOTA and LIRS, at the Auditorium, Alausa, Ikeja…recently

Wood Mackenzie: 56 Companies Cut E&P Budget by $230bn in 2016 Ejiofor Alike As deep cuts in capital investment damage the growth prospects of the oil and gas industry, Wood Mackenzie’s recent corporate analysis in the sector shows that 56 companies have cut 2016 exploration and production (E&P) spend by 49 per cent or $230 billion relative to 2014 levels. The report showed that the 56 companies covered in the corporate analysis will achieve cash flow neutrality at an average oil price of around $50 a barrel Brent in 2016, an indication that the industry

ENERGY has a strong ‘survival’ reflex, measured by dramatically tighter cash flow management. Senior Vice President of Corporate Research at Wood Mackenzie, Tom Ellacott, described the results as an achievement given that the majority needed over $90 a barrel in 2014. “A growing list of companies will even be free cash flow neutral below $40 a barrel in 2016,” Ellacot said. Ellacott explained that the main lever to reduce cash flow breakevens has been deep cuts

to capital investment and these have damaged growth prospects. According to Wood Mackenzie’s research, the aggregate fiveyear compound annual growth rate (CAGR) for production has fallen from 3.4 per cent at peak in 2014 to only 1.4 per cent in the second quarter of 2016 with the most affected peer group being the focused United States independents, where cutbacks have been the most severe. According to the analysis, only four companies are expected to grow at double-digit rates between 2015 and 2020. At the other end of the spectrum, nearly 30 companies

will be producing less in 2020 than in 2015, the report said. The report added that the shareholder distributions for the 56 companies have been cut by $59 billion since the oil price collapse. Other levers including equity issuances and asset sales have also been targeted by many to strengthen finances, the report added. “Balance sheet management is front of mind across the industry – cost containment and capital discipline are still the strident messages emanating Continued on page 24

FG to Guarantee 14 New Solar Power Projects with $273m Chineme Okafor in Abuja The federal government is to provide up to $273million worth of Partial Risk Guarantee (PRG) for the 14 new solar power projects for which the signed Power Purchase Agreements (PPAs) were signed recently, the Minister of Power, Works and Housing, Babatunde Fashola has disclosed. Fashola, according to a statement from the head of press in the ministry of power, Mr. Timothy Oyedeji said the government sourced for this fund to enable the Nigerian Bulk Electricity Trading Plc (NBET) guarantee the PPAs it signed with the firms for the solar projects.

ENERGY The 14 projects are to be built in different locations which include, Kaduna; Jigawa; Sokoto; Kogi; Enugu; Nasawa; and the federal capital territory Abuja, amongst other locations. They are to collectively add about 1,150 megawatts (MW) of electricity to Nigeria’s grid. Fashola who was represented by the Minister of State for Power, Works and Housing, Mustapha Baba Shehuri said this when a delegation of the International Monetary Fund (IMF) led by its Chief of Mission in Nigeria, Gene Leone paid him a visit. He also disclosed that another $200 million financial facility

was being negotiated from the African Development Bank (AfDB) for the Transmission Company of Nigeria (TCN) to help in its upgrade plans for the transmission network. The statement said the minister provided details of what the government was currently doing in the power sector. He said: “We are expecting that at end of the year, our generating capacity will be over 6,000MW by end of 2016, 10,000MW in 2019 and 30,000MW in 2030.” He noted that bold steps have been taken to harness the solar powered projects, hence the signing of the PPAs with the 14 companies. The statement added that while he acknowledged the

contributions of donor agencies in the power sector, he further stated that, “support in loan agreement in the sum of $273 million has been earmarked for Nigeria Bulk Electricity Trading Company to provide partial risk guarantee for the off-taker and also the $200 million from the African Development Bank for grid upgrade plan is also concluded for the Transmission Company of Nigeria.” He noted that part of the government’s energy diversification plan was to have a robust mix that will increase the use of coal; hydro; solar; and even more gas to power, bearing in mind that energy in large Continued on page 24

ExxonMobil Corporation has announced estimated second quarter 2016 earnings of $1.7 billion, or $0.41 per diluted share, compared with $4.2 billion a year earlier. The results reflect sharply lower commodity prices, weaker refining margins and continued strength in the Chemical segment. “While our financial results reflect a volatile industry environment, ExxonMobil remains focused on business fundamentals, cost discipline and advancing selective new investments across the value chain to extend our competitive advantage,” said Rex W. Tillerson, chairman and chief executive officer. “The corporation benefits from scale and integration, which provide the financial flexibility to invest in attractive opportunities and grow long-term shareholder value.” During the second quarter, upstream earnings were $294 million. Production volumes were essentially unchanged at 4 million oil-equivalent barrels per day. Liquids production growth from recent start-ups more than offset the impact of field decline and downtime events, notably in Canada and Nigeria. Capital and exploration expenses were reduced by 38 percent to $5.2 billion. During the quarter, the corporation distributed $3.1 billion in dividends to shareholders.

Cummins Partners Lady Mechanic Initiative

In a bid to improving gender diversity in its Technical Education for Communities programme (TEC), Cummins West Africa Limited (Nigeria), recently partnered with “Lady Mechanic Initiative” to provide six months’ internship programme to lady mechanics. Lady Mechanic Initiative is a non-governmental organisation in Nigeria, established with the aim of empowering vulnerable girls/women with mechanical and technical skills training, classroom curriculum in auto mechanic/electrician, professional driving, generator repairs, speedboat repairs and plumbing. Speaking on the partnership, the Managing Director; Cummins West Africa Limited, Kwame Gyan–Tawiah stated that technical education for Communities is a global initiative that targets the technical skills gap through local vocational education programs. ’TEC delivers a standardized education program and set of tools to help education partners develop market-relevant curriculum, teacher training, career guidance and the practical experience needed by professionals’’.

“Every one of us, including the newly sworn in GMD of NNPC are doing our best to find a short-term solution to this problem of aviation fuel” Minister of State for Petroleum, Dr. Ibe Kachikwu

T H I S D AY • TUESDAY, AUGUST 2, 2016

BUSINESSWORLD WOOD MACKENZIE: 56 COMPANIES CUT E&P BUDGET BY $230BN IN 2016

from all companies. But strategies will need to shift away from survival mode and look to the future,” Ellacott said. According to the report, the industry needs to move into the next phase to sustain the business. A return to free cash flow generation will breathe confidence back into the sector. Costs are also falling and project economics improving as the industry resets itself to operate at lower prices. “Oil and gas companies’ investment strategies are now starting to adapt to the new price environment. Some have seized the moment with counter-cyclical moves that have repositioned portfolios lower down the cost curve,” Ellacott added. FG TO GUARANTEE 14 NEW SOLAR POWER PROJECTS WITH $273M

quantum would be required for individual uses; household access; and indeed spread of electricity access across the country. Similarly, the statement explained that the Permanent Secretary in the power ministry, Louis Edozien, had in his contribution said the sector’s current challenge was incessant vandalism of the gas infrastructure. He said this anomaly has resulted to the development of a long-term plan based on the premise of gas supply vulnerability. He said that a lot of new renewable energy sources would soon come on stream, adding that they include the 40MW Gurara dam in Kaduna State; 40MW Kashimbilla dam in Taraba; 10MW wind farm in Katsina; and 30MW phase one of Kudendan dual fired plant in Kaduna-State. On the new rural electrification implementation strategy which he noted was before President Muhammadu Buhari, Edozien said the document contains a change in focus from grid expansion to a more decentralised electrification format with emphasis on micro grid fed from off-grid solar and small hydros.

Group Business Editor

Chika Amanze-Nwachuku AgriBusiness/Industry Editor

Crusoe Osagie

Comms/e-Business Editor

Emma Okonji

Capital Market Editor

Goddy Egene

Senior Correspondent

Raheem Akingbolu (Advertising) Correspondents

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

Nume Ekeghe (Money Market) Nosa Alekhuogie (Cap Mkt)

NEWS

‘Patronage of Local Contractors to Reduce $8bn Capital Flight’ Ejiofor Alike The House of Representatives Committee on Local Content has said that the patronage of indigenous companies in Nigeria’s oil and gas sector will help reduce an estimated $8 billion yearly capital flight and further promote local content in the sector. The committee has also vowed to cancel oil and gas contracts awarded by the International Oil Companies (IOCs) to foreign companies where there is in-country capacity and capability to execute such contracts by indigenous companies. The Chairman of the Committee, Hon. Emmanuel Okon said at the weekend during an inspection of shipyard and fabrication complex operated by West African Ventures (WAV) at Onne in Rivers State that poor patronage of WAV shipyard, fabrication complex and marine facilities of other indigenous companies had worsened capital flight in the oil and gas industry. According to him, the committee decided to have a physical examination and assessment of facilities put in place by WAV and other indigenous companies so as to avoid supporting indigenous contractors he described as ‘flight by night contractors’ acting as commission agent for foreign companies in Nigeria. “We believed that companies such as WAV with huge investment within the country as employer of over 5,000 Nigerians should be encouraged so that the investors can do more. That way, we will reduce capital flight (money that is going out of this country significantly),”

he said. Okon noted that the patronage of indigenous companies with capacity would boost revenue earnings of the economy, save more money and create more employment opportunities by encouraging investors that have shown credibility and super quality in its business. “What we have seen here is 100 per cent Nigerian company and by that law, this company (WAV) is supposed to be patronized first by the IOCs, where they need marine services. That’s what the law says and the law is not ambiguous but explicit. It says wherever there is a Nigerian competence, there

is an in-country capacity and there’s a job, within the oil and gas industry. The law states that the IOCs or whoever is giving out that contract, should first of all give a Nigerian company the right of refusal. Today, IOCs will say they are doing local content but I think the best they can do for Nigeria is to patronize indigenous companies like WAV so that they can in turn engage Nigerians teeming unemployed youths,” Okon explained. He admitted that issues relating to inadequate patronage were a fall out of the global crisis in the oil and gas industry and a deliberate intention by the IOCs not to

patronise the companies. Okon, however urged that this intention is repositioned to promote local content. “I think the primary thing is to make sure that governance come into see how peace can be maintained, particularly in this Niger-Delta area where the oil and gas business is going on. For now, we still have one major source of revenue in this country, which is the oil and gas business. Hence, The House of Representatives will oppose and cancel contracts awarded to foreign companies where there is in-country capacity by indigenous companies with huge investment creating jobs locally,” he added.

“Basically, I think if the environment is okay, if there is peace, militancy activities are brought down to the barest minimum, opportunities will now come in for WAV that has the capacity, we have seen it. If a Nigerian company is like this, there is no need calling in foreign companies. However, primarily, let us first see how government can come in to see that there is peace in this Niger-Delta in order to encourage business in the industry,” Okon said. Also speaking, a member of the Committee, Hon. Kehinde Agboola noted that the Niger Delta crisis contributed to the challenges of the indigenous companies.

PROMOTING EXCELLENCE

L-R: Founder & CEO of The Olakunle Soriyan Company; Mr. Olakunle Soriyan, Convener & Visionary of Excellence In Life; Dr. Femi Paul, and CEO & Founder, ImagePro Consulting Limited Mrs. Evelyn Femi-Paul, at the EIL Campus, on the theme, The Culture Of Excellence, held at University of Lagos … recently

Again, Gencos Raise Concern over TCN’s Britain Extols Potential of Dangote’s $17bn Investment Operational Capacity Chineme Okafor in Abuja Electricity generation companies (Gencos) have said the current transmission infrastructure of the Transmission Company of Nigeria (TCN) was a threat to the safety of their operations and equipment. The Gencos have in their expression of distrust with TCN’s operational capacity also restated similar feelings on TCN as shared by the electricity distribution companies (Discos). They had earlier in 2014 warned that TCN’s operational capacity was suspicious. According to them, TCN’s operations have contributed to the damage of generating equipment valued at billions of naira. They said they would want the federal government to significantly invest in the transmission network and upgrade its capacity to an equal level with other value chains of the power sector, adding that its continued underperformance was impeding the sector’s growth.

A statement from the Gencos noted that it was important for all stakeholders including the government to note these and quickly find solutions to the development. The Gencos also stated that other challenges such as accumulated debts for energy generated and supplied; government’s economic policies; opposition to retail cost reflective tariff for the sector; as well as shortage of gas supply were impacting on their operations. They noted that up to 4,991 megawatts (MW) of electricity was currently stranded by either shortage of gas supply; transmission constraints or other ancillary issues. “The Gencos use this opportunity to send an SOS in respect of transmission infrastructure particularly as it relates to the safety of our operations and equipment. There is a need to significantly invest in the transmission sector in order to ensure an equal level growth across the industry. “As it stands now, the generating sector has already witnessed a mishap due to inadequate transmission

infrastructure which has cost damage to generating equipment valued at billions of naira,” the statement said. It stated that despite the commitment of the Gencos to the country’s power sector as shown by their substantial capital investments towards capacity enhancement and continued operations under alleged suffocating operating environment, they have continued to be stretched as if the intention was to know how far they could go before shutting down operations. On this, the Gencos said: “The response is very simple: shut down is imminent. The situation can only be saved if solutions are immediately implemented to address the issues.” “While the Gencos remain committed to the Nigerian project, this commitment can only be meaningful when the critical factors necessary for the continued existence and thriving of the Gencos and the power sector are addressed and fixed. It is extremely urgent that this is done now,” the statement added.

in Petrochemical Industry

Crusoe Osagie The British High Commissioner in Nigeria, Paul Arkwright, at the weekend in Lagos said that Dangote Industries Limited’s multi-billion dollar petrochemical project has rekindled his country’s optimism that the Nigerian economy offers enormous opportunities to foreign investors. Arkwright, who was on a fact finding tour of ongoing construction projects at the Lekki Free Trade Zone, (LFTZ) site of Dangote Petrochemical Complex said that when concluded, the complex will be of immense benefits to both Nigeria and Britain. He led a delegation, which include British Trade Envoy to Nigeria, John Howell and acting Deputy High Commissioner, Ahmed Bashir. Projects at the complex include: the refinery, petrochemical plant, pipeline gas producing plant and fertilizer plant. The diplomat who was obviously awed by the size and complexity of the project

described it as an extremely important and enormous investment that has the capacity to transform the Nigerian economy. He also assured of the commitment of the British Government to increasing trade and doing better business with Nigeria. Earlier in presentation, Group Executive Director, Special Projects, Dangote Group, DVG Edwin stated that the complex when completed will create market for $11 billion of Nigerian crude per annum and will save the nation over $7.5 billion per annum in terms of import substitution. He explained that the solid waste generated while construction is going on will be segregated and deposed off to cement kilns as feed leading to a cleaner and green environment. Dangote Petrochemical Complex, according to him, is showcasing to global investors that Nigerian economy despite the all challenges is still an investment destination and very safe for investments.

T H I S D AY • TUESDAY, AUGUST 2, 2016

BUSINESSWORLD

ENERGY

Towards Accurate Metering of Electricity Ejiofor Alike reasons that the increase in electricity tariffs in Nigeria was reasonably fair, but the public outcry is fueled by the exorbitant estimated bills slammed on over 70 per cent of consumers who pay for power they do not consume due to the absence of prepaid meters

espite the obvious merits of the new cost-reflective tariffs designed to incentivise investments and enthrone bankable agreements that will attract funding to the power sector, the poor electricity supply situation in the country, and the inadequate metering in the sector, has fueled public revolt against the increase. While some aggrieved customers approached the courts to ventilate their grievances, the organised labour took to the streets to protest against the new tariffs. Both the House of Representatives and the Senate have also in their various legislative pronouncements not hidden their opposition to the new tariffs order. The Minister of Power, Works and Housing, Mr. Babatunde Fashola had in a keynote address at a three-day retreat on Nigerian Pension Industry Strategy Implementation Roadmap held in Abuja, disclosed that there were already at least, seven cases against the new tariffs in different Federal High Courts in Nigeria - three in Lagos, one in Abuja, one in Umuahia, one in Owerri and one in Awka. He said it was curious that even manufacturers had taken up some of these cases as plaintiffs, as if they themselves had maintained the same price of their finished products. Fashola further suggested that judges handling commercial disputes should refrain from granting injunctive orders that would stop the power business. But barely four weeks after the new tariffs regime took off, a Federal High Court sitting in Lagos, re-affirmed the order it made restraining NERC, from implementing any upward review of tariffs, pending the hearing and final determination of the suit filed by a lawyer and rights’ activist, Toluwani Adebiyi, over the issue. The trial judge, Justice Mohammed Idris had on March 29, while delivering a ruling on the preliminary objections of NERC against the filing of contempt charge by the plaintiff, said “let me warn that when the disciplinary jurisdiction of this court is properly invoked, anyone who is found to have ignored the order of the court will be dealt with severely. Adebiyi had urged the court to restrain the regulatory body from increasing tariffs until most communities enjoy at least 18 hours of electricity supply daily. In the final judgment delivered last month, Justice Idris nullified the new tariffs and ordered NERC to revert to the former tariffs. He also restrained the agency from further increasing electricity tariff “unless it complies strictly with the relevant provisions of the Electricity Power Sector Reform Act (EPSRA) 2005.” Justice Idris described NERC’s action as “procedurally ultra vires, irrational, irregular and illegal,” and awarded the sum of N50,000 in the plaintiff’s favour. The court said it relied on Sections 31, 32 and 76 of the EPSRA, and held that NERC “acted outside the powers conferred on it by the Act and failed to follow the prescribed procedure.” The judge added that NERC failed to show that it acted in due obedience to the prescribed procedures and that “there is no evidence that NERC complied with Section 76(6)(7)and (9) of the EPSRA Act.” “Of all the legal requirements, it appeared that the only one complied with by NERC was that it announced the new tariff in the newspapers. It is clear from the affidavit evidence that the increase in tariff was done by NERC in defiance of the order of this court made on May 28, 2015 which directed parties in the case to maintain the status quo. The law is that every person upon whom an order is made by a court of competent jurisdiction must obey it, unless and until the order is discharged and set aside at the Appeal Court,” Justice Idris said. Justice Idris also berated the regulatory agency, accusing it of breaking the law and inviting anarchy.

Meter Justification for the increase A careful analysis of the new tariffs shows that it is not only justifiable but is also a fair reflection of the tariffs obtainable in other countries. The new increment was carefully worked out by NERC to ensure affordability by the various classes of consumers. The new tariffs regime is also a fair representation of actual cost of generating electricity in terms of kilowatt hour, using gas or hydro. Over the years, Nigerians had paid little or nothing as electricity bills as power supply was regarded as social amenity that was provided by the government. After the privatisation, it was discovered that electricity bills in Nigeria was one of the lowest in the world. With the poor state of the infrastructure in the power sector and the urgent need for huge investment to replace and upgrade obsolete and collapsed facilities, low tariff regime became a disincentive to investment. Having been commercialised, the power sector needed a cost-reflective tariff regime to engender investment and justify the reform that midwifed the privatisation of the sector. Before the increase, Nigeria’s residential electricity tariff was the second lowest in subSaharan Africa, after Zambia, according to a research by Briceno-Garmendia and Shkaratan as well as estimates by staff of the International Monetary Fund (IMF). According to the report, compared to other African countries, Nigeria had one of the lowest tariff rates before and after the recent review by NERC, which took effect from February 1, 2016. The report, which ranked 24 countries, showed that Nigeria’s residential tariff is higher than only that of Zambia but far much lower than the tariffs in 22 other countries, including Uganda and Kenya, which are seen as two successful case of privatisation in the sub-Saharan Africa. The residential tariff in Uganda and Kenya is said to be higher than average residential tariff in East Asia and Latin America, according to the IMF estimates. According to the report, Chad has the highest residential tariff in the sub-Saharan Africa, followed by Cape Verde; Madagascar; Uganda; Burkina Faso; Senegal; Congo Republic; Kenya and Rwanda. Others include: Cameroon; Niger; Benin; Cote d’ Ivoire; Namibia; Ghana; Lesotho; South Africa; Mozambique and Tanzania. The remaining countries, according to the descending order of their tariff rates include Ethiopia; DRC; Malawi; Nigeria and Zambia.

So, the upward review of tariffs makes commercial sense and is justifiable to reposition the sector and boost power supply. Outrageous estimated bills There is no doubt that outrageous estimated billing is responsible for the widespread opposition against the increase in tariffs, and not that the new increment is not reasonable and affordable by the various classes of consumers. The fact that actual electricity consumption is not accurately metered has given the distribution companies the latitude to determine arbitrarily, the bills paid by unmetered consumers through estimation. It is unfortunate that while some Discos are making genuine efforts to supply prepaid meters to their customers, most of the companies pay lip service to the issue of providing meters and they extort customers through estimated billing. It is ironical that these Discos, who failed in their obligation to supply meters, turn around to force their customers to pay the cost of their own inefficiencies in the form of arbitrary bills. While prepaid customers pay for only what they consume, unmetered customers, who constitute over 70 per cent of the customer population, pay exorbitant estimated bills, whether there is electricity supply or not. Before the new increase in tariffs, there had been nationwide protests against the exorbitant estimated bills slammed on the consumers who did not have prepaid meters to capture their actual meter reading. Exorbitant estimated bills have led to violent attacks on staff of the Discos by aggrieved customers, especially military personnel, who were protesting disconnection for failure to pay the unjustifiable outrageous bills. Before the increase in tariffs, outrageous estimated bills had created mutual distrust between the Discos and most of their customers, who viewed the companies with suspicion for subjecting them to the payment of electricity they did not consume. So, while customers were suffering the effects of inadequate supply of power, most of the Discos were busy billing them arbitrarily for power that was not supplied. Most of the Discos not only ignored NERC’s guidelines on estimated billing but also made no efforts to provide meters to capture the actual electricity consumed by the customers. While most of them claim that they are losing money through estimated bills, the reverse appears to be the case as they may actually be making money by slamming unjustifiable

bills on customers, who have no meters. The reluctance of most of the Discos to submit their audited accounts to NERC is a strong indication that they do not want to open their books for scrutiny because of the dummy they sell to consumers and the regulatory agency that they are losing money to estimated billing. NERC and the operators in the power sector had at one of the monthly meetings convened by the Minister of Power, Works and Housing, Mr. Babatunde Fashola, agreed on a reporting timeline for their audited yearend financial reports.But acting Chairman of NERC, Dr. Anthony Akah, disclosed recently that the commission had opted to take punitive actions against the Discos after it discovered that some of them were unwilling to file their audited financial reports, while some even file in formats that are not consistent with agreed reporting standards. Akah, who refused to disclose the identity of the Discos that have filed their reports or those that have not filed, said the commission was going ahead to fine them for such breach of its regulatory order. “I don’t have the situation report here but not all distribution companies have submitted their audited financial statements but I want to let you know that the commission has triggered an enforcement process against these distribution companies,” Akah said. So, the mutual distrust between the Discos and their customers over non-provision of meters and the collection of arbitrary bills for power that was not supplied is responsible for the public discontent against the new tariffs. If consumers only pay for the actual power supplied to them, be it 18 hours in a day or one hour daily, there would be no opposition to the increment as it is reasonable, affordable and a fair reflection of the cost of generating electricity. What ignites protests by consumers is that they pay for power that is not supplied as there are no prepaid meters to capture their actual consumption. Some people have argued that there should be adequate supply of electricity before any increase in tariffs but that is not the bone of contention. Whether there is 18 hours of electricity supply or one hour of supply is not the problem; the issue is that customers should pay for only what they consume. Discos should be open and transparent by installing prepaid meters to curb the opposition against the increase in tariffs.

T H I S D AY • TUESDAY, AUGUST 2, 2016

BUSINESSWORLD

ENERGY

Economic Burden for a Troubled Continent

The recently released UNCTAD Economic Development Africa report, which revealed that Africa requires $600 billion to attain the sustainable development goals, has sent shock waves to many countries on the continent, writes Ugo Aliogo Recently, the United Nation Conference Trade and Development (UNCTAD) released the 2016 Economic Development Africa Report (EDAR), which revealed that Africa needs $600billion yearly to be able to achieve sustainable development goals in the continent. The report is coming at a very challenging time for the continent of Africa. Many countries are battling with domestic debt crisis, the falling commodity prices, rising inflation figures and other harsh economic realities of the time. The report is not very a favourable one for Africa states as it was stated that the amount equates one third of the continent’s gross national incomes, which the official development aid and external debts are unlikely to cover those needs. At the unveiling of the report in Lagos recently, the Director United Nation Information Centre (UNIC) Ronald Kayanja, stated that the 17 sustainable development goals offer a blueprint on how the global economy and the environment should look like in 2030, as well as the specific actions that would be required at global, regional and national levels. He stated that in order to achieve the sustainable development goals, countries will need to invest a lot of money, stressing that the estimated figures showed that Africa needs between $600 billion- 1.2 trillion yearly to achieve these goals. He said that “most of these money will have to be mobilised locally within countries. Government and the private sector must align their practices.” He added that the continent would require successful actions over the next 15 years especially in the areas of trade, investment, technology and finance, therefore, “it is required that we tap into the full potentials of all actors, promote innovation and correct sustainable trends.” Kayanja said: “There are worrying signs that people in Africa are increasing unhappy with the state of affairs of their countries’ economies. There are high inequality, stagnant incomes, and fewer jobs for the youths. The global trade slowdown and a lack of productive investment have sharpened the deep divides between those who have benefitted from globalisation, and those who continue to feel left behind. Our message is that SDGs represents the change we need to restore people trust in our economies in Africa. The SDGs represent an enormous opportunity to make our economies work for dignity all.” Rise in Domestic Debts The report also noted that Africa is among the fastest growing regions in the world, with an average Gross Domestic Product (GDP) growth rates exceeding four percent per year since 2000. According to the report, since 2007, only Asia has surpassed Africa growth rates. It said, given the contraction in commodity prices, with global subdued demand, this growth may be difficult to maintain, as noted the World Bank and International Monetary Fund in 2015. The report explained that economic growth in Africa has been accompanied by low and stable inflation, which is most countries have remained in single digits, noting that a growing number of countries have achieved middle-income status, with per capita annual incomes in excess of $ 1,000. It was learnt from the report that some African countries have adopted policies aimed at developing their domestic debt markets, with the support of international financial institutions such as the African Development Bank (ADB), IMF, the Organisation for Economic Cooperation and Development (OECD) and the World Bank. The World Bank and IMF have launched a joint initiative to assist countries in building a bond markets by developing effective mediummanagement strategies consistent with the goal of maintaining debt sustainability. The Africa Development Bank created an African domestic bond fund in 2010 with the objective of contributing to the development of sound domestic debt markets. The fund is investable in local-currencydenominated sovereign and sovereign guaranteed sub-national bonds. In 2012, the international finance Corporation launched a bond issuance programme called the pan-Africa domestic medium term note programme. The programme was

IMF Headquarters initially focused on Kenya, Botswana, Ghana, Kenya, Uganda and South Africa and Zambia. It was aimed at supporting and growing the nascent capital markets in the region and increasing the availability of local currency financing markets for private sector development. The report added: “A developed and wellfunctional financial sector provides opportunities for mobilising savings and unlocks the potential of domestic debt market to bridge Africa large financing gap. Africa local currency debt markets are progressively opening up to non-residents investors. While South Africa has for some time been one of the most attractive portfolio investment destination in Africa, other markets may have managed to interest foreign investors, such as Ghana, Egypt, Morocco, Nigeria, and Zambia. “In 2014, non-resident investors held about 20 percent of the total outstanding domestic debt, compared with less than 0.1, percent in 2004. Similarly, Ghana has also attracted a rising share of non-resident investors registering, in 2012, its highest net inflow, was about $2.6 billion (27 percent of total local-currency-denominated outstanding government securities). The increase in portfolio inflows in Ghana coincided with the opening of government securities markets to foreign investors in 2006 and in Zambia, with the introduction of longer maturities bonds. “In Nigeria, portfolio flows followed large debt relief and restructuring of operations and renewed confidence in the country’s economic prospects. In Tanzania, as non-residents investors were not allowed to hold government securities, resources from foreign investors were invested in treasury bills and bonds indirectly, with commercial banks serving as intermediaries. “The participation of non-residents in Africa debt market widens the investors’ base. However, countries need to closely monitor the level of such participation as it may increase their vulnerability to external development such as financial crises. Issues of previous concern that made mainstream international investors hesitate to invest in local-currency-denominated domestic debt, such as a lack of familiarity with local credits, standards and documentation are been addressed by supranational borrowers such as the ADB and the World Bank through the International finance Corporation.” Dynamics of Domestic Debt The UNCTAD revealed that the ratio of domestic debt to Gross Domestic Product (GDP) has been rising since the early 80, driven by the need to finance large fiscal deficits, adding that in the face of decreasing foreign aid, including loans and grants, the government has largely

relied on domestic market to fund its borrowing requirements for development finance. The report stressed that the portion of deficit in the portion of annual budgets funded domestically grew from $209 million in 2005 to $5.4 billion in 2014. From the graphical illustrations presented in the report, it was discovered that the budget deficit has been mainly financed by domestic borrowing since 2004, “the growth in the budget deficit was triggered by a decline in the price of oil.” Furthermore, the report stated that in addition to funding for appropriated budget deficits, proceeds from domestic borrowing were utilised to fund special government stimulus spending initiatives between 2008-2014, adding that this, in line with the need to fund infrastructure deficit, contributed to the growth of domestic debt. “From 1981 to 2003, domestic debt was heavily concentrated in maturities of less than one year, most of which were 91-days treasury bills. Treasury bonds and development stocks have been issued for specific funding purposes in the past, although they were marketable, they were largely held by the bank. This exposed government to high rollover and interest rate risks. These fiscal risks were further accentuated by a shallow financial system, reflected in the ratio of low and quasi money (M2) to the GDP (26 percent at the end of 2003) and a narrow investor base. “The shallow financial market unfavourably influenced interest rates and risked crowding out private sector credit in the face of government large borrowing requirements. It also complicated the banks’ conduct of the monetary policy, as more force use of liquidity management to pursue price stability could have adversely been affected the government’s debt service costs. “The structural changes to Nigeria’s domestic debt began in 2003, following the adoption by the government of public debt management reforms. Apart from addressing the institutional weaknesses in the management of public debt, the reform sought to improve domestic debt management. As part of these reforms, the government brought back a sovereign bond issuance programme that was discontinued in 1986. This resulted in the issuance of long dated instruments of 3,5,7 and 10 years, structured as both fixedrate instrument (3-year and 5-year bond) and floating rate notes (7 and 10 years). This was a reflection of debt management strategy aimed at restructuring the country’s debt portfolio to achieve the 75:25 ratio of long to short term domestic debt”, the report stressed. The Way Forward for Nigeria An expert from the West African for Financial

and Economic Management (WAIFEM) Prof. Akpan Ekpo, said the government should look at mobilising more of domestic resources and less debt which in turn will widen the task net, when the task is broaden, it will include the rich and the informal sector, “government should also consider remittances, sovereign wealth fund, and Diaspora bonds.” He stated that the bailout funds for states is necessary because there should be availability of funds amongst the public, in order for them to buy goods and services, affirming that the bailout is necessary in the short term, but in the long term it is not sustainable, since the economy is in recession, the bailout funds are necessary. Ekpo urged states still struggling with the bailout funds to increase their Internally Generated Revenue (IGR), diversify their economy and reduce the over dependence on the federal government, adding that there is no state in Nigeria without a natural resource which they can explore to generate revenue for their states. He said: “When states reduce their over dependence on the federal government it will be helpful for them. The federal government depends on oil revenue and the oil revenue is not sustainable because of the price fluctuations. What the federal government needs in this period of recession is fiscal stimulus. The only way to do it since we don’t have money is to borrow. Then in the long term we will be able to pay it up and it is sustainable in the long term. It is sustainable because our GDP is not bad. “If you look at our debt GDP ratio, we still have a space to borrow. Nigeria should take a cue from Botswana, because they have done very well in the management of their diamond and they have a sovereign wealth fund which is bringing them money in during the period of crisis. Also, Rwanda, and Ethiopia, these countries are making good governance as their utmost priority. Therefore as a nation we need to imbibe the culture of good governance, otherwise nothing will work. “The issue of economic diversification should be taken serious, because petroleum will not last forever. We should not just export raw agricultural materials, but also process them. Even the oil and gas sector is not diversified in a manner that it will be linked to other sectors such as chemical and pharmaceutical industries. We have to industrialise, if we aim to achieve full diversification. It is sad to state here that we have an unproductive economy, if we have a productive economy, we will produce not only for local consumption, but also for export. Therefore government should create the enabling environment for industrialisation.”

02.08.2016

WEEKLY PULL-OUT

Ayodele Atsenuwa

‘GOVERNMENT SHOULD INCREASE SPENDING IN THE HEALTH CARE SECTOR’

Mrs. Vivian Osayande

2/DASHBOARD

02.08.2016

A Plea of Qualified Privilege Rebuts the Inference of Malice in a Publication PAGE 3

Ex-NBA Chair Urges Buhari to Address Hunger in Nigeria PAGE 4

Olisa Agbakoba Legal Launches Maritime Master Class PAGE 4

‘A Lawyer Should Realise that whenever there is a Problem, there is an Opportunity’ PAGE 5

QUOTABLES ‘We are in an administration that would not want to pay lip service to the rule of law. There is nothing we can get right without the rule of law’. – Vice President, Professor Yemi Osinbajo SAN

‘Nigeria needs special courts even as President Buhari has shown tremendous willpower to fight corruption. If we have these courts to handle cases of fraud, our country will be better off. With these courts which would have specially designated judges, we will get rid of the monstrosity called corruption that is making life difficult for everyone.’ – Former Chairman, the Economic and Financial Crimes Commission, Mrs. Farida Waziri

COLUMNISTS IDOWU OLOFINMOYIN The ‘White wing-tipped Collar’ is synonymous with the Advocate and the Advocate with oratory on what is pertinent, significant and what is poignant to contemporary life. And that is what The WhiteCollar column is, a variety column that discusses, by various written mediums, the legal issues that affect contemporary Nigeria, and hopes to inform meaningful discourse toward the ideal of our national community. Idowu is Counsel with Norfolk Partners, and as well as expertise in Law and Litigation, he has interests in Culture, Sports and Entertainment. He obtained a B.A. in Business Law and Marketing (Joint Hons.) from London Metropolitan University before his Post-Graduate Diploma in Law, Professional Training for the Bar and qualifying as a Barrister in England and Wales. He has an L.L.M from BPP University London.

Is there a Good Case for An AntiCorruption Court? PAGE 6

Niki Tobi: Exit of a Legal Luminary PAGE 7

Franchising: A Pathway to Entrepreneurial Success in Nigeria PAGE 10

Ogah v Ikpeazu: The Law, Facts and Fiction Indeed PAGE 11

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

LAW REPORT/3

A Plea of Qualified Privilege Rebuts the Inference of Malice in a Publication

t is an established principle of law that in an action for defamation when the plea of qualified privilege is raised, the inference of malice is rebutted and the burden is on the plaintiff to prove 'express malice' against the defendant. In the instant appeal, the Supreme Court held that the defence of qualified privilege succeeded as the Respondent had failed to rebut the defence by pleading and proving facts of the alleged malice.

FACTS Sometime in 1999, the Respondent (Plaintiff at the trial court), was a customer of the 1st Appellant (then Afribank Nig. Plc and Defendant at the trial court). He applied for a short-term loan of N20, 000.00 (Twenty Thousand Naira) from the 1st Appellant to pay his children's school fees. His employer, the Federal Ministry of Industries, guaranteed the loan facility. He paid back the loan through monthly deductions from his salary account with the 1st Appellant. Sometime in 2000, the 1st Appellant directed its customers, including those from Respondent's office to move their banking transactions to its new branch at Area 7 Garki, Abuja. Based on this, the Respondent opened a new salary account at the said Area 7 branch. The Respondent alleged that customers were advised to continue using their cheque books from the main branch until new ones were issued. The Respondent's salary was thereafter paid into the new branch at Area 7, with the old account still in operation. In 2002 the Respondent presented a cheque for N9, 000.00 (Nine Thousand Naira) to the Jos branch of the bank drawn on his old account at the Abuja Main Branch. The cheque was sent by the Jos branch to the Abuja Main Branch and lodged into the Respondent's account. The Respondent was given value for the cheque after it was verified. However, the bank treated it as an overdraft. About two years later, the 2nd Appellant who had just resumed as a new credit officer with the 1st Appellant carried out a review of all accounts in his portfolio and made observations to the effect that the Respondent's account was overdrawn in excess of the sum of N20, 000.00 which had not been discharged. The 2nd Appellant and one Mahmood Yusuf (now deceased), who was also a new branch manager at the Abuja Main Branch then wrote a letter to the Federal Ministry of Industries on behalf of the 1st Appellant notifying them of the Respondent's alleged indebtedness and seeking their cooperation in recovering same. Based on this, the Respondent filed an action at the High Court of the Federal Capital Territory, Abuja (“trial court”) against the Appellant for defaming his character. His case at the trial court was that his employers queried him over the letter and that the said letter which was received by the Director of Personnel Management was subsequently forwarded to the Principal Executive Officer in the Personnel Management Department (PW2) and ended up in the Registry of the Ministry. The Respondent further alleged that based on the said letter, his official and private life were thoroughly investigated and his promotions were suspended. The Appellants’ on their part raised a defence of qualified privilege and counter claimed for the purported overdraft of N9, 000.00 with interest. The trial court dismissed the counter claim and entered judgement in favour of the Respondent and awarded the sum of N5, 000,000 (Five Million Naira) as damages in his favour. The Appellants’ appealed to the Court of Appeal, Abuja (“court below”) to set aside the judgment of the trial court and if the court found otherwise, the damages be reduced. The appeal at the court below was dismissed. He further appealed to the Supreme Court (this Court) by filing a Notice of Appeal in which the following four issues for determination were formulated: 1. Was the court below not wrong to have held that the publication of the letter complained of was actuated by malice when there was nothing in the record to support that finding and without reviewing the facts of the case in relation to the applicable law? 2. From all the circumstances of the case, should the appellants' plea of qualified privilege not have succeeded? 3. Was it not wrong for the court below to have based its decision on an issue that was not raised by the parties before it without first hearing them on that issue? 4. Was the decision of the court below affirming the award of damages by the trial court justifiable in the circumstances? The Court adopted the Appellant’s issues in determining the Appeal. On Issues 1 and 2, which the Court considered together, the Appellant argued that the finding that the publication was actuated by malice is not borne out by the record. He submitted that the record of appeal binds the appellate court in the same manner as pleadings bind the trial court and that where the appeal court's findings are not based on facts established on the record, this Court has a duty to interfere with the findings. He relied on OKPOSO v UKO (1997) 11 NWLR (Pt.527) 94 @ 115 B – C and MADU v MADU (2008) 6 NWLR Pt.1083) 296 @ 326 E - F. The Appellant further argued that in the law of defamation, there are two

K.M.O Kekere-Ekun JSC

In The Supreme Court of Nigeria Holden at Abuja On the 12th Day of February, 2016 Before Their Lordships Kudirat Motonmori Olatokunbo Kekere-Ekun Walter Samuel Nkanu Onnoghen Nwali Sylvester Ngwuta Musa Dattijo Muhammad Olukayode Ariwoola Justices, Supreme Court SC.148/2010 Between 1. Mainstreet Bank Ltd. 2. S.I. Gaguh . ............ Appellants And 1. Ecodril Nigeria Ltd Dominic Binna ...... Respondents Judgment Delivered By Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC

categories of malice: ‘technical malice', which is presumed in favour of the plaintiff, and 'actual' or 'express malice', which must be specifically pleaded and proved. He further submitted that the defence of qualified privilege is a defence to an untrue statement and that this protection afforded by the law on grounds of public policy is not absolute but depends on the honesty of purpose with which the defamatory statement is made. He relied on ILOABACHIE v ILOABACHIE (2005) 13 NWLR (Pt-943) 695 ® 716 -717H – A. Thereafter he submitted that the letter was written in honest belief of its contents and it was written in the course of his official duties which according to the law destroys the inference of malice in cases of defamation unless there is actual evidence of malice. He further submitted that the Appellant had failed to rebut the defence of qualified privilege by failing to plead and prove particulars of the alleged malice. Furthermore, he submitted that the success of a defence of qualified privilege does not rest on the truth or otherwise of the publication and that the authority of ILOABACHIE v ILOABACHIE (supra) is more apposite to the facts of this case. In response, the Respondent argued that the Appellants cannot challenge the findings of the lower court on proof of malice on the ground that the Appellants failed to seek and obtain the leave of the court below or of this court, to raise and argue grounds of appeal which are on facts, or on mixed law and facts. He further submitted that when a Plaintiff in a Libel suit pleads that a publication is malicious, it does not mean the plaintiff must prove malice. Thereafter he submitted that when the Appellants failed to prove the truth of the publication, malice was presumed. He relied on BAKARE v IBRAHIM (1973) 6 SC 205 AT 211-213. On Issue 3, the Appellants contended that the trial court

did not make a finding of malice against the Appellants nor did either of the parties make the issue of malice one of the issues for determination before the court below. He stated that notwithstanding this fact, the court below held that the writer of the letter was actuated by malice and on that basis dismissed the Appellants' defence of qualified privilege. He argued that this issue was raised suo motu by the court below and hence the court below ought to have afforded the parties a hearing before determining that the defence of qualified privilege did not avail the Appellants. He relied on ABBAS v SOLOMON 2001 36 WRN 73 at 91 lines 20 - 30: He further contended that though he accepts that it is not in all cases where a court takes a point suo motu that it will result in a reversal of the decision, the court however, must be convinced that the point taken suo motu is substantial and has led to a miscarriage of justice. He thereafter submitted that the issue of malice that was raised and resolved suo motu by the court below was substantial and had occasioned a miscarriage of justice, as the appellants were denied the opportunity of submitting compelling arguments to persuade the court that the respondent failed to establish express malice against them. The Respondent in response submitted that the contention that the court below raised the issue of malice suo motu is erroneous and misleading. He thereafter submitted, while referring to pages 349-350, 353 and 354 of the Record of Appeal that the issue of malice arose from the Court’s analysis of the Appellants’ defence of qualified privilege. Issue 4 concerned the decision of the court below which affirmed the award of damages made by the trial court. COURT’S JUDGMENT AND RATIONALE On Issue 1, the Court held that the Respondent’s submission that the Appellants failed to obtain leave to argue grounds of mixed law and facts was misconceived, as the said leave was granted on 8 January 2013. The court thereafter stated that an association is privileged when the person who makes the documentation has a moral duty to make it to the person whom he makes it to and the person who receives it has an interest in hearing it and both stated conditions must exist. Thereafter, the Court further stated that even though the publication turned out to be untrue, it is not in dispute that the Appellants who granted the loan to the Respondent had an official duty to inform the Respondent's employer of the current position of the facility, and the said employer having guaranteed the loan, had a corresponding interest to receive the information. The Court thereafter held that based on this the occasion was privileged. Thereafter the Court stated that once the plea of qualified privilege is made out, the inference of malice is rebutted and the burden is thrown upon the plaintiff to show and prove ‘express malice' against the defendants. The Court further stated that the plaintiff has a duty to discharge this onus, by delivering a reply alleging express malice and stating particulars of the facts from which such malice is to be inferred. Based on this, the Court held that contrary to the submission of the Respondent, malice could not be inferred in the circumstances of this case having regard to the defence of qualified privilege properly made out by the Appellants, which the Respondent had failed to rebut. The two issues were accordingly resolved in favour of the Appellants. On Issue 3, the Court held that the position of the law is that a court is not entitled to raise an issue suo motu and decide on it without affording the parties an opportunity to be heard because in doing so the court is seen to leave its exalted position as impartial arbiter and descend into the arena of conflict. Thereafter the Court held that based on the facts gleaned from the record of appeal, it would not be correct to say that the court below raised the issue of malice suo motu and resolved same without affording the parties a hearing, because the issue of malice was argued by the parties and considered by the court as being intrinsic to an action for defamation, where the defence of qualified privilege is raised. This issue was thereafter resolved against the Appellants. On Issue 4, the Court held that, having resolved issues 1 and 2 in the Appellants' favour, there was no basis for the award of damages in the Respondent’s favour and therefore the issue had become otiose. The Court held that the appeal was meritorious and allowed the appeal and thereafter set aside the decision of the court below. REPRESENTATION For the Appellants - Olarenwaju Osinaike Esq, Muyiwa Alatise Esq For the Respondent - Sonny O. Wogu, O.M. Jubril Esq, G.O. Iyogun Reported by Oladimeji Sofowora, Aluko & Oyebode, Lagos.

4/NEWS

02.08.2016

Olisa Agbakoba Legal Launches Maritime Master Class

L-R: Former Edo State Attorney General and Commissioner for Justice, Chief Charles Edosomwan SAN , Convener, United Action for Change (UAC), Dr. Muiz Banire SAN, Justice Juliet Ibekaku-Nwagwu (Representing Attorney General of the Federation), Chairman of the occasion, Hon. Justice Emmanuel Ayoola, JSC (Rtd.), Guest Speaker, Professor Fidelis Oditah SAN and Discussant, Mr. Fola Arthur-Worrey at the UAC Public Lecture ‘Access to Quality Justice in Nigeria’, held at Airport Hotel, Ikeja, recently Photo: Kola Alli

Ex-NBA Chair Urges Buhari to Address Hunger in Nigeria Stories by Akinwale Akintunde

A former chairman of the NiA former chairman of the Nigerian Bar Association (NBA) Ikeja branch, Mr. Monday Onyekachi Ubani has urged the Federal Government, to urgently address the hunger bedevilling the poor in the country. Ubani made the call in Lagos last week, at a press conference to announce the formal launching of his Foundation 'Onyeckachi Ubani Foundation' (OUF) slated to hold at the Sheraton Hotel, Ikeja on August 6, 2016. According to him, the passion for charity and the desire to help fellow individuals and Nigerians are the motivation behind the setting up of the foundation. He stated that over 120 million Nigerians are currently living below the poverty line and the number is growing daily. “At over 60% and counting, the soul of our nation is under the siege of hunger and deprivation. People are hungry and they need help now. "While I must commend President Muhammadu Buhari for his dogged fight

against corruption. It is equally important and urgent for all Nigerians to support, unreservedly, our President's anti-corruption war. After all, corruption brought us to where we have found ourselves today. “But as individuals, at our different levels, as neighbours, friends and families, we need to be there and stand by each other to help the weak in our midst, in this trying times of our history as a nation and as a people. It is when we come to the aid of the weak among us that we are strong together”, he noted. According to the former NBA chairman, the launch of the foundation is a privilege to serve humanity and save the souls of the poor and less privileged Nigerians who have been battered and broken by the harsh realities of life. “So, that day is to appreciate all the opportunities God has given me to lift the downtrodden from the throes of poverty to another level. It is not about me; it is about them. “It is about those Nigerians whose lives have been transformed by the

little seed I sowed to save them from their predicament. The passion to sustain this humanitarian initiative is what has given birth to the Foundation which will be launched formally on the 6th of August 2016. “There is a limit to how many Nigerians I can, personally, help with my limited resources. But mobilising friends, other individuals and institutions, public and private, local and foreign, there is no limit to what we can achieve. “In other words, we can create a system that would work for the majority. My joy and my ambition, therefore, are to see millions of Nigerians delivered from the indignity of poverty, want, lack and deprivation,” Ubani explained. According to him, the foundation will run programmes in four different areas, which includes the youth literacy Initiative geared towards ensuring that every young person can read, write and solve the most fundamental and basic life questions. The youth creativity and media forum’s major goal is to raise a new generation of young people who can

dare to dream and believe in the unseen possibilities that await them in life. Other areas are men of standard, a skills acquisition program targeted specifically at men who by reason of circumstance, have found themselves unable and ill equipped to provide for themselves and for their families because they lack particular skills in order to be gainfully employed or self- employed. Women of substance is another area where women will be trained in courses aimed at equipping them with the skills that can enable them earn a living and put food on their respective tables. He mentioned that the executive governor of Lagos state, Mr. Akinwumi Ambode and other dignitaries like Mr. Femi Adesina, Special Assistant to the President on Media and Publicity, NBA President, Augustine Alegeh SAN, Mr. Femi Falana SAN, former governors, senators and beneficiaries of his Foundation over the years and so many others are expected to grace the occasion. Pastor Tunde Bakare of Latter Rain Assembly will deliver the Keynote Address.

Olisa Agbakoba Legal (OAL), a top law firm in Lagos and highly steeped in the field of maritime law and practice held its inaugural quarterly Maritime Master Class Series (MMCS) on Tuesday, 26 July 2016. A statement signed by Dr. Oluwole Akinyeye, Head, Maritime Unit OAL stated that the event was attended by participants from financial institutions that were the intended target audience. According to Adeyeye, the objective of the MMCS was to provide an avenue for offering knowledge to financial institutions in respect of the area of maritime law and practice, with particular focus on the ‘ship arrest procedure’. "It is recognised that financial institutions provide finance to ship owners for various maritime business activities, most especially in the area of ship building, ship mortgage and ship purchase. It is also understood that conflicts could arise between both parties in respect of the loans provided. In such respect, the financial institution concerned would definitely be interested in how it can recover its loan facility from any defaulting ship owner.

"A crucial tool available to such a financial institution is the possible arrest of the ship in respect of which a loan has been provided. "The MMCS therefore provided an opportunity for sensitising the legal departments of various financial institutions about the dynamics and intricacies of the ship arrest procedure. "The MMCS provided detailed knowledge of the options open to the financial institution/Creditor, taking into cognisance that there could be other competing creditors. "Further insight was provided into where a financial institution/Creditor stood within the scheme of such competing creditors. "Consideration was also given to the due diligence measures that ought to be taken in future by financial institutions in the granting of loan facilities to ship owners, in order to ensure that such loans could be recouped, with appreciable returns", Adeyeye explained. He confirmed that OAL will be holding subsequent Maritime Master class Series on a quarterly basis which will address various topical issues in maritime law and practice.

Law Report, Lawyers’ Digest Set for Launch in Lagos A new law report, ‘Appeal Cases of Nigeria’ (ACN) is to be introduced into Nigerian legal literature. The report which is aimed at easing legal practitioners’ cases in the Court of Appeal and Supreme Court, will be launched together with a book titled ‘Practice Digest for Legal Practitioners’ at the Nigerian Bar Association (NBA), Ikeja branch

Secretariat on August 10th 2016. According to the Editorin-Chief of the publications, Mr. Adeyinka M. Kotoye, the law report is the brain child of Pagelaw Books Nigeria Limited. The event will be chaired by an erudite Scholar, Dr. Muiz Banire SAN, former Commissioner for Environment in Lagos State.

Judge Reprimands EFCC Lawyer for ‘Professional Misconduct’ Justice Oluwatoyin Ipaye of an Ikeja High Court last week frowned upon the action of legal counsel with the Economic and Financial Crimes Commission, (EFCC), Mr. Babatunde Sonaiki for what she described as 'gross professional misconduct'. The judge expressed disappointment at the resumed hearing of a criminal charge filed by the EFCC against a business woman, Mrs. Moji Yakubu, her company, Monan Trading Company and Nine persons over an

alleged N800 million land theft charge. The commission had in February this year arraigned the defendants on the allegation that they had conspired to steal about 10 hectares of land located at Sangotedo, Lagos. Justice Ipaye had raised the issue as to whether land could be stolen and asked the EFCC counsel to address her on the matter. While the matter was slated for ruling, the EFCC lawyer went before another judge,

Justice Aishat Opesanwo and obtained a forfeiture order to temporary seal an ongoing project by Monan Trading Company on the 10 hectares of land. When the matter came up on Thursday, Justice Ipaye informed parties that the ruling was not quite ready and that the matter will be adjourned till September. Counsel to the defendant, Mr. Yemi Adeshina however drew the attention of the judge to the forfeiture order allegedly obtained by the EFCC against his client.

He told the court that the order amounted to window shopping by the EFCC and should be immediately set aside. When asked by the judge if the allegation by Adeshina was true, EFCC lawyer, Sonaiki confirmed that he had actually gone before Justice Opesanwo to obtain the temporary forfeiture order. The judge immediately reprimanded Sonaiki for going before another court to obtain such an order when the matter was still

pending before her court. Justice Ipaye noted that it appeared that the EFCC was determined to take the law into its hands by such 'window shopping' Ipaye noted that the action of the EFCC lawyer was in bad taste and capable of giving the commission a bad name. "It appears that you are keen on taking the laws into your hands. Why would you go before another court for this kind of order when the matter is before me? This kind of

action is what is giving the judiciary a bad name", she asserted In a short ruling, Justice Ipaye stated that she would institute a disciplinary action against the EFCC lawyer before the appropriate authority. She subsequently adjourned the matter till September 14, 2016 for ruling on the defendants' application to set aside the forfeiture order and on whether land is capable of being stolen as contained in the EFCC charge.

02.08.2016

Sexual Harassment and Nigeria’s Myopic “University Sex for Grades Prohibition Bill” Michael O Ogunjobi

ne’s class of grade is one of the critical elements that employers of labour use in evaluating job seekers. Students’ reward system refer to programs set up in institutions of learning to reward performance. Of course, everyone wants to feel a sense of creative ownership. When developing a rewards program, an institution of learning should consider matching rewards to the end result not just for the citadel of learning, but for the society at large. In order for such rewards program to be successful, the specifics need to be clearly spelt out for every student, without “robbing Peter to pay Paul”. This promotes healthy competition situation where some students are graded solely due to their proficiency in ‘extracurricular’ activities at the expense of those consistent in ‘academics’ is to say the least depressing. In as much as it is pleasing to note that ‘honour killing’ as prevalent in Pakistan is alien to our culture, all practices that debase females must not be condoned. Succinctly, where students are giving their best, it behoves on the instructors or lecturers,

as the case may be, to appreciate such students by according them with grades commensurate with their level of hard work. Motivating students about studies is a combination of fulfilling the students’ needs and expectations within their academic pursuits. That way, cultism, prostitution and other resorts to vice will be shunned by students. It is on this note that the Bill Prohibiting Sexual Harassment of Students by Educators in Nigerian Tertiary Educational Institutions which was sponsored by Ovie Omo-Agege of Delta Central Senatorial District is commendable, though myopic. Admittedly, sexual harassment is rife in many higher institutions in Nigeria, and there is need for a law to eradicate it. This Bill stipulates a maximum of five years jail term without an option of fine for offenders. Hence, the argument that sexual harassment is a two-way traffic does not cure the dastardly nature of sexual harassment irrespective of gender. It is well established that students are always at the mercy of their lecturers in ivory towers. The roles of lecturers therein cannot be over-stated since they have the key to the exit gate of these citadels of learning. This makes students, most especially females, prone to the whims and caprices of some randy lecturers having neither sense of dignity nor regard for the self-esteem of their

students. Overtime, there have been recurrent incidents of female students being turned into sexual object of their lecturers in their academic sojourn, as recently brought to limelight by the UNILORIN English Department lecturer caught on tape, soliciting for sex from a student he is meant to mentor as his own child. The students that have guts to decline this sex slavery have to endure graduating with poor grades or never making a headway in the courses taught by these lecturers, some of whom go the extra-mile to influence the uncompromising students’ results in other courses. Some of the immediate outcome of this dastardly act in the ivory towers is discouragement of hard work, while the society takes the half-baked graduates with excellent grades, as excellently good for nothing as it finds them. It is important to note that this recurrent practice of sexual harassment in our institutions is not an isolated case, since same is prevalent in primary schools, secondary schools, work places, places of worship, and our individual homes where incest and marital rape is now the order of the day. Mediocrity has supplanted meritocracy, and has become an acclaimed cat-walking impudence. Just recently, the Nigeria House of Representatives’ joint committee on Ethics and Privileges and Foreign Affairs under

the Chairmanship of Hon. Ossai Nicholas Ossai was charged with the responsibility of investigating allegations of sexual misconduct against three members of the Lower House. I recall that allegations of sexual misconduct were levelled against some members of the House by the United States Embassy in Nigeria wherein it was alleged that three members of the House namely: Hon. Mohammed Garba Gololo (APC, Bauchi), Hon. Samuel Ikon (PDP, Akwa Ibom) and Hon. Mark Gbillah (APC, Benue) had, on a recent visit to the US for the International Visitor Leadership Programme, brought disrepute to the National Assembly by allegedly soliciting for sex from prostitutes and grabbing a hotel housekeeper. And also not forgetting the impasse between a distinguished Senator from Lagos, and another Senator from Kogi State. “Even your boss has a boss!” This is a trite postulate, applicable in all organisations, be it private or public. Hence, the menace of lascivious parasitism is prevalent when a boss denigrates his/her exulted office for self-gratification, thereby overlooking the sanctity of the extant professional foundation. On a final note, a blanket legislation criminalising sexual harassment in the afore listed places will be the much needed paracetamol to cure this migraine! Ogunjobi Michael O. writes from Jireh & Greys Attorneys in Lagos.

Legal Personality of the Week Steve Onyechi Ononye

‘A Lawyer Should Realise that whenever there is a Problem, there is an Opportunity’ My name is Steve Onyechi Ononye, Esq., ACIArb. I was called to the Nigerian Bar in the year, 2003. Thereafter, I joined the Chambers of Nnamdi Ibegbu SAN for my pupilage as a young lawyer and in the year 2008, I established my own Chambers, Onyechi Ononye & Co. with the support, advice and encouragement from Nnamdi Ibegbu SAN. I have been in active practice for about 13 years now. I am a member of the Nigerian Bar Association (NBA) and have served the Bar in various capacities both at the Branch and National level as follows: • Assistant Secretary NBA Onitsha Branch, 2006-2008. • Co-coordinator Young Lawyers Forum NBA Onitsha Branch, 2006-2008 • National Assistant Financial Secretary NBA, 2008-2010. • Member, NBA Human Rights Institute, 2008-2010 • Secretary, NBA Onitsha Branch, 2012-2014. • Secretary, NBA Disciplinary Committee South-East Panel B, 2015 till date e.t.c. In the course of my practice as a lawyer, I have been privileged to be associated with the following bodies/associations; I am a Notary Public, Member of the Chartered Institute of Arbitrators, Nigeria, Common Wealth Lawyers Association, International Bar Association, American Bar Association, African Bar Association, PAN African Lawyers Union and Rotary International (PHF). Have you had any challenges in your career as a lawyer and if so what were the main challenges? Of course I have, legal practice is full of challenges but the main challenges I have encountered include: my start as a young lawyer. It was tough, it is tough and it will continue to be tough because, the legal profession is very demanding. Decision making; certain decisions are made on the doctrine of necessity but even at those times you must inform the client of your actions. The Legal profession is

Bar as well as the day I started running my own Chambers. They are my most memorable experiences because my Call to the Bar was the beginning of a lifetime goal for me and the day I established my own Chambers, my aim in life took shape. I had always nursed the ambition of establishing my own Law Firm and my joy knew no bounds when I established it. I registered it with the Corporate Affairs Commission (CAC) with the name, Onyechi Ononye & Company. The office has been growing as the days go by and I can say that I have a couple of young lawyers working under me.

Steve Onyechi Ononye

fantastic but litigation requires one to be studious, disciplined and organised. My greatest challenge is that litigation will not give me time for frivolity and other social engagements I may desire as my life is centered around the Court, family and my Law Firm. However, the watch word is, as the bible says, “let your Yes be Yes and let your No be No”. Make your choice from the onset, if you want to be a Lawyer and work hard to become one, then, work and pray always. What was your worst day as a lawyer? My worst day as a Lawyer was the day I lost a case in which I had given a lot of time, industry and research, it still hurts but then, one must not win all cases. What was your most memorable experience? It was the day I was called to the Nigerian

Who has been most influential in your life? My wife, Dr. Vivian Steve-Ononye has been most influential in my life. Just as the saying goes, “behind every successful man, there is a woman”. To have a very good practice, you must have a good wife. My wife though a Medical Practitioner understands what it takes to succeed in the Legal profession. She is the secret to my success in law practice. Why did you become a lawyer? I became a Lawyer because the Legal profession is the only profession that is both distinguished, honourable and noble. That is why I have never regretted being a lawyer. What would your advice be to anyone wanting a career in law? My advice is for such a person to work hard. By working hard, I mean trying to meet the criteria because it takes a lot to be a lawyer. A career in law demands that one be studious, focused, disciplined, organised and most of all decisive. In other words, you have to deprive yourself of so many things. You have to be up and doing. Even though the legal profession demands a lot of sacrifice, I think

it is a sacrifice worth making because of the intrinsic self-worth that comes with it. Let me also add that the society we are living in is going through a lot, especially in the areas of decline in values, hard work and discipline. The legal profession is not an exception to this, but my advice to anyone who really wants a career in Law is for such person to realise that whenever there is a problem, there is an opportunity within that problem. The opportunity is where a serious minded person will excel and rise to the top of such a situation. If you look around, you will realise that people are not willing to work hard so once you work hard, you will excel; it entails you to sit down and be disciplined. If you had not become a lawyer, what would you have chosen? Actually, no other profession pleased me at the time I made up my mind to study law, not that I do not have regard for other professions or disciplines, but to me, it was either law or nothing but rather I would say, I prefer being a Lawyer but if I must chose any other, I will chose to be a Priest because that is the only other vocation that can quench my thirst and meet my aspiration in life apart from the Legal Profession. Where do you see yourself in ten years? My dreams, vision and mission in ten years is to be at the peak of my practice. I also wish to have a foundation in ten years, which will be specifically established for the purpose of empowering young lawyers intellectually, financially and otherwise, to take up pro bono cases for indigent litigants who cannot afford to pay the professional charges to retain the legal services of a Lawyer. Consequently, I intend to expand my office for the actualisation of my dreams as stated above. This I believe will enable me contribute my quota to the growth and betterment of the justice system, in the profession and that of doing my part towards nation building.

02.08.2016

Is there a Good Case for An Anti-Corruption Court? James Kanyip

he case for the establishment of an Anti-Corruption Court has been stated and discussed on many previous occasions. It is loudest now in view of the very special stance of this present administration in the fight against corruption for two reasons that can be deduced from the speeches of President Muhammadu Buhari when he said, first, if “we don’t kill corruption, corruption will kill us”; and, second, that the Judiciary was his main headache in the fight against corruption. The justification or otherwise of these reasons will be a take for another topical discussion. However, we shall take them as good reasons, for now, for the purposes of this discussion. A lot has been said and good reasons given by legal practitioners, politicians, social and political commentators, and others for the establishment of an Anti-Corruption Court. The truth is that, the majority view supports the establishment. Recently, in faraway London, President Muhammadu Buhari made a further case for the establishment of an International Anti-Corruption Court that will aid in the return of stolen funds to their country of origin. Some reasons clearly stand out for why the establishment of the Anti-Corruption Court is now desirable. The first is to use it as a judicial institution to fight corruption. The second is to decongest the litany of cases pending in the normal or general courts to ensure speedy or expeditious disposal of corruption cases. The third, and intrinsically tied to the second, is to encourage specialisation and promote judicial activism in corruption cases. The fourth is that since we have specialised institutions for the fight against corruption, there is the need to also have a special Anti-Corruption Court to complement their duties. Based on this and the many others mentioned by my Lord Justice Habeeb Adewale Olumiyiwa ABIRU, JCA in his speech “The Fight Against Corruption: The Role of the Bar and the Bench” and other commentators, one cannot but agree that, “Yes, there is a good case for an Anti-Corruption Court in Nigeria”. But the discussion does not end there. The chief reason for the call for the establishment of an Anti-Corruption Court is to help in the fight against corruption. Short of this, the Court will serve no better purpose. And, here, permit me, to digress a bit by asking this question: “Will the establishment of the Anti-Corruption Court, ipso facto, eradicate corruption in Nigeria?” It is now common knowledge that corruption is endemic, systematic and has been institutionalised in Nigeria. Thus, it has become, sadly, a way of life rooted deeply into the fabric of our social order. Presently, Nigeria ranks as the 136th least corrupt country in the world of 175 measured countries in the Corruption Perception Index. Nigeria’s ranking is in pari passu with Comoros and Tajikistan, thereby jointly placing them as the 15th most corrupt countries in the world. This is not a good score card by any standard measured, especially if viewed from the fact that this is the average position that Nigeria has occupied in the last five years. If so much energy and resources were to be dissipated towards the establishment of the Anti-Corruption Court as if it is the panacea to the fight against corruption in Nigeria, then we will have missed the point. First, it can be agreed that the establishment of the Anti-Corruption Court will expedite litigation and promote specialisation and judicial activism in the handling of corruption cases, but that is just a means and not an end. Recently, the Judiciary and some senior members of the Bar have been enmeshed in corruption scandals. The point is that there are incidents and complaints of corruption and corrupt practices at both the Bench and the Bar which have created negative public opinion. Unless this issue is tackled and public confidence won, the Anti-Corruption Court, if established, will add no value to the fight against corruption. Instead, it will be seen as an extension of the normal courts since the Judges and personnel will be drawn from that same old system. With the promulgation of the Administration of Criminal Justice Act, 2015 which is intended to fast-track criminal litigations, what has really changed? Have successes been recorded? Second, as major stakeholders in the fight against

Chairman, Presidential Advisory Committee Against Corruption, Professor Itse Sagay SAN

corruption, how sincere are members of the Bar? Lawyer-client privilege has been grossly abused by legal practitioners at the detriment of the State and the fight against corruption. At a high price, lawyers are ready to go to any extent and length to protect any corrupt client. Rules of professional ethics, integrity and moral rectitude are thrown to the wind where money is involved. Lawyers have often been accused of conniving with corrupt persons and personnel to frustrate the wheel of justice. Third, what is even wrong with the normal and conventional courts? As alternative to the creation of Anti-Corruption Courts, we can have special Judges of the various High Courts, or even Magistrates assigned to hear corruption cases only. This approach will save time and promote judicial activism and specialisation as well, thereby serving the same purposes which the Anti-Corruption Courts are supposed to serve. The fact that a court is made specialised in nomenclature does not, ipso facto, make it specialised in that area. Chief Adegboyega Solomon Awomolo, SAN succinctly captures it thus: “What we need are specialised judges, not special courts; Judges, who are good in certain aspects of the law, need to be encouraged to handle matters in that regard. For instance, we have seen some Judges at the Federal High Court who have performed creditably well with handling terrorism cases in recent time. There is no need to begin to set up any special courts. How it is done is that, Judges who have special skill of family or matrimonial issues get cases of that concern assigned to their courts, while Judges skilled on land matters get to attend to such issues. And if you are specially gifted with knowledge of Maritime law, you get to handle disputes arising from that field. That way, Judges become specialised in specific fields, including the field of anti-corruption…The fact that you name a court ‘special court on corruption’ does not automatically make it specialised in that area… Rather than focus on nomenclature of a court, emphasis should be on training and re-training of Judges to become specialists in specific areas of law and life… Just naming a Judge to man a special court on corruption does not make the court or the Judge a specialist on corruption cases. We need to train and re-train Judges even after making them specialised on specific areas of our laws. We also need to protect our Judges, we need to empower them, and we need to embolden them and train and retrain them. We must fund the Judiciary and make it more independent. We must fund the institutions created to fight corruption. Mere word of mouth is not enough.” In addition, the Judges in a model judicial system should adhere to five basic high standards which Justice Banjoko of the High Court of Justice of the Federal Capital Territory described as the “Three ‘I’s,” and “Two Others”. The “three I’s” are: Impartiality, Independence, and Integrity; and the “Two Others” are: Accountability and Transparency. Fourth, the Economic and Financial Crimes

Commission, the Independent Corrupt Practice Commission and the Nigeria Police Force, the institutions saddled with administrative competence to investigate and prosecute corruption cases are not without blemish. There is a negative public opinion about them; and people now have doubts as to the integrity and sincerity of these institutions to fight corruption. If the institutions saddled with the responsibility to fight corruption are corrupt, who will investigate them? If these institutions are adjudged by public opinion to be corrupt, how genuinely supportive would they be to the Anti-Corruption Courts? Fifth, one of the most disturbing challenges of the Judiciary is the eroding of its independence and unnecessary interference by the Executive arm upon which the Judiciary, in turn, relies for funding and appointment. What guarantee is there that the appointment of the Judges will not be in favour of only those who are favourably disposed to align with the Executive or do its biddings without recourse to Rule of Law and judicial process? What guarantee is there that if the Anti-Corruption Court is established, the Executive will not hijack the Court by interfering with the judicial process in order to settle political scores with its opponents or those against its policies? If the mind-set of the Judges is stereotyped towards convicting persons standing trial before them for corruption charges in a bid to please the Executive, or to show that they are also fighting corruption, is there any guarantee that the accused persons will be given a fair trial in these Courts? These, too, are incidents of corrupt practice. Sixth, the successful fight against corruption will entail an overhaul of the entire administration of criminal justice system in Nigeria beginning from the Ministry of Justice, the investigative institutions, the Bench, the Bar, NGOs, and all other stakeholders in the industry. The process of investigation must be expeditious; and so also should the prosecution of corruption cases by personnel of the Ministry of Justice, the EFCC, the ICPC and the Police. The private Bar should down-play the antics of delay tactics, and the courts should be ready to determine cases in good time. This way, the criminal justice system will work in favour of the fight against corruption. Seventh, corruption exists in large scale out there, outside the reach of the long arm of the law, where the eagle eye of the investigative institutions cannot see, and where the Judiciary cannot adjudicate. Nigerians glorify corruption and corrupt persons. Politicians and civil servants that steal public funds or corruptly enrich themselves from our commonwealth are celebrated by the community with chieftaincy or traditional titles and are appointed Elders and Deacons by the churches. The Pastors, Imams and the communities see those that spend monies on them stolen from our collective wealth as “philanthropists”. The starting point in the fight against corruption is not only in the establishment of the Anti-Corruption Court but in finding ways of fighting corruption outside the court room with a view to minimising the number of cases that will ultimately get there. In my view, corruption begins in small places we see as insignificant: our homes; the neighbourhood we live in; the school or college we attend; the church and mosque we attend; the factory, farm or office where we work; in high and low places. Such are the places where every Nigerian shall first seek to eradicate corruption. Unless we first fight corruption in these places, we cannot fight it anywhere else. Without concerted citizen action to fight corruption, we shall fight in vain to eradicate it. Eighth, and most importantly, even if AntiCorruption Courts are established in every nook and cranny of this country, its jurisdiction is only limited to the person qua person, but not to his conscience and mind-set. Courts have no jurisdiction over matters of conscience. Corruption in Nigeria is a matter deeply embedded in our conscience and mind-set. To eradicate corruption, we must begin the fight from within our innermost selves. No court can do that for us. We need serious religious and moral rearmament and reorientation; a new way of life; a new social order; and a genuine change of ourselves; a new life. And this change begins with me, you, and all of us. Untill we resolve to change ourselves by ourselves, the fight against corruption may turn out to be a phantom war best fought in play station videos. The paper was delivered by James Kanyip on the occasion of the 2016 Law Week of the NBA Kaduna Branch.

02.08.2016

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Niki Tobi: Exit of a Legal Luminary Abdulrasheed Ibrahim

he demise of Hon. Justice Niki Tobi on the 16th of June 2016 about a month to his 76th year birthday anniversary did not only take the legal community in Nigeria by surprise but also shook the community to its roots. The exit of this distinguished jurist will a create vacuum that may take a very long time to fill. Justice Tobi belonged to the class of jurists who have the great ability to write beautiful and exciting court judgments in English prose. Apart from this, he was in the same class with the likes of Judge Teslim Olawale Elias and Hon. Justice Okey Achike (both of blessed memory) who were already Professors of law in the Universities before they were elevated to the judicial bench to add value to the art of writing good judgments and dispensing justice in our courts of law. Justice Tobi passed through several educational institutions. He worked at different times as a teacher, a lawyer in private practice and thereafter a Senior State Counsel before he moved to the University of Maiduguri where he became a law lecturer and eventually rose to the rank of the Dean of the Faculty of Law of that institution. Born in Esanma, Delta State on 14th July 1940, the young Niki Tobi began his primary education at the Community School in 1946 and completed same in 1949. He was at N.A. School, Akugbene between 1950 and 1953 for his secondary school education and thereafter he attended the Teachers’ Training College at Bomadi and finished there in 1957. Justice Tobi studied Law at the University of Lagos from 1966 to 1969 and later proceeded to the Nigerian Law School where he was called to the Bar in 1970. He got his LLM Degree from the same University in 1971 while in 1983 he got his Ph.D from the University of Nigerian, Nsukka. Justice Tobi was one of our home grown and Made-in-Nigeria jurists. He aptly demonstrated this in his book titled: The Nigerian Judge. Tobi in the cause of his working career joined the public service in 1971 as an Investigative Officer in the prosecution of the P & T Offences in the Ministry of Communications, Lagos, between 1972 and 1973. As a State Counsel Grade 11 he was seconded From the Federal of Ministry of Justice to the Federal Ministry of Labour, Lagos to give legal opinions and advice on various legal issues on government Acts and Enactments. Between 1974 and 1975 he was at the then Department of Customs & Excise where he not only gave legal opinions but also prosecuted many Customs Cases at the then Federal Revenue Court which is now known as the Federal High Court. In 1975, Niki Tobi was at the Office of the Attorney General and Commissioner for Justice where he worked directly under Dr. Nabo Graham Douglas of blessed memory as Research Assistant to the Hon. Attorney General of the Federation. In 1976, he was at the Department of Legislative Drafting till September of that same year when he transferred his services to the University of Maiduguri where he was until 16th June 1985 when he was elevated to the judicial bench as a Judge of the High Court of Rivers State. It should be noted that before his Lordship’s elevation to the bench, he had served in several positions, when he was in the University of Maiduguri apart

from being a Professor he was also the Deputy Vice -Chancellor (Academic) between 1981 and 1983.When assessing the vibrancy and erudition of Hon. Justice Niki Tobi during his years on the Supreme Court bench, the Late Chief Gani Fawehinmi (SAN) once wrote: “ A thorough bred of many parts and rare combinations. An academic, administrator, public servant and jurist of immense repute. He has a knack of exhausting the rank of every career or vocation he pursued. From Primary School teacher to Headmaster. From lecturer Grade I to Professor of Law. From Head of Department to Vice-Chancellor. From Judge of the High Court to Justice of the Supreme Court. He is a rare breed in his generation”. From the judicial bench of the High Court to the Court of Appeal from where he rose to the Supreme Court, the apex court in Nigeria before his retirement from the bench in 2010, his style of writing judgment was always very interesting and impressive. He was one of our jurists who had been likened to that great eminent English jurist of all times, Lord Denning of blessed memory when it comes to the art of writing good judgments. When on the bench of the High Court of Rivers State, he stated clearly what a court of law should do when a party is seeking for a particular remedy as reported in the case of IKOKWU v TOBIN (1985) HCNLR on Page 1333 Para H where he said:“The test of sufficient interest in cases involving locus standi is whether the party seeking for the remedy will suffer some injury or hardship arising from the litigation. If the court is satisfied that he will so suffer, then he must be heard as he is entitled to be heard”. When at the Court of Appeal, he delivered several judgments in classical cases which are contained in our various law reports. In the case of ACB v OKONKWO (1997) 1 NWLR (Pt. 480) Page 123, his Lordship descended heavily on those police officers who are in the habit of resorting to hostage taking and equally advised the police authority when he said: “I know of no law which authorises the police to arrest a mother for an offence committed or purportedly committed by her son. Criminal responsibility is personal and cannot be transferred. While I am aware of cases of vicarious liability in criminal law, the instant case is certainly not one. A police officer who arrests “A” for the offence committed by “B” should realise that he has acted against the law, such a police officer should be in addition to liability in a civil action, be punished by the police authority. As a matter of fact, it bothers us so much for the police operating the law of arrest, after three decades of Nigeria’s independence to arrest and detain innocent citizens of this country for offence committed by their relations. That is a most uncivilised conduct and one that any person with a democratic mind should thoroughly detest and condemn. I detest and condemn the uncouth practice”. In the Court of Appeal case of CARIBBEAN TRADING & FIDELITY CORPORATION v NIGERIAN NATIONAL PETROLEUM CORPORATION which eventually went on appeal to the Supreme Court and reported as (2002) 5 SC (Pt. I) at page 21 , Justice Tobi (JCA as he then was) stirred the hornets’ net when he attacked at the Court of Appeal Section 12 of the High Court of Lagos Act (Cap 80 Laws of the Federation and Lagos (1958) , when he commented: “English is English .Nigerian is Nigerian. The English are English. So also the Nigerians are Nigerians.

The Late Hon. Justice Niki Tobi, JSC

Theirs is theirs. Ours are ours. Theirs are not ours. Ours are not theirs. We cannot therefore continue to ‘enjoy’ this borrowing spree’ or ‘merry frolic’ at the detriment of our legal system. We cannot continue to pay loyalty to our colonial past with such servility or servitude. After all, we are no more in Slavery”. The Supreme Court panel (Mohammed, Iguh, KastinaAlu, Ejiwunmi and Ayoola (JJSC) did not take Justice Tobi’s pronouncement very lightly, while they all agreed that the learned Justice had incidentally and flawlessly expressed himself in English language, they said further that his attack on the said Section 12 in question was a misconception, a descent into unnecessary rhetoric and nothing short of playing to the gallery on the real essence of the provision. The eventual elevation of Hon. Justice Niki Tobi to the Supreme Court after the retirement of Hon. Justice Adolphus Godwin Karibi Whyte (CON) who was the first Justice of the apex court to retire at the age of 70 after the extension from the age of 65. Hon. Justice Karibi Whyte , retired JSC , taught Justice Tobi law as a lecturer at the University of Lagos. When Justice Tobi was appointed a Professor of law he was advised by the learned jurist that the Nigerian Judiciary would need his services. The arrival of Niki Tobi to the Supreme Court was greeted with a lot of euphoria. His contributions to the development law and jurisprudence in that court remain indelible as testified to by our law reports. In the of case UMEANADU v A-G., ANAMBRA STATE & ANOR (2008) 3-4 SC 17, Niki Tobi, JSC stated what should be the role of litigants engaging in the art of litigation when he said : Litigation is not the children’s game of hide -and-seek. It is not game of smartness. It is not a game of artifice or cunning display of a smart conduct designed to overreach or outsmart the adverse party. On the contrary, litigation is a decent, open, and not deceitful process of making and defending claims in court of law. The art and craft of even the most litigious person does not allow him to set a trap with the bait to lure the adverse party, as if he is a fish that should be left to the fisherman or the keeper of an aquarium; not the

court”. The pronouncements of Niki Tobi cited herein clearly show that he was never an ordinary jurist who did not know what the position of a judicial officer in the dispensation of Justice requires. He knew the laws and how to apply them when it became necessary. Justice Tobi did not belong to the class of judges who do not know what they are on the judicial bench for. Some judges these days toy with the institution of justice and compromise the essence of justice. Hon. Justice Tobi of blessed memory was indeed a legal luminary and our present and future practitioners of law whether at the bar, on the bench or in the academic will learn a lot from this great jurist of our time. In the present dispensation when a war is being waged against corruption, those people who have selfishly enriched themselves with our common wealth, will do well to reflect on this late jurist’s remarkable pronouncement in the case of A-G., ABIA STATE v A-G., FEDERATION (2006) 16 NWLR (Pt. 1005) 266 when he said: “I should say finally that any person who is at the corridors of local government finances and funds or in some proximity with such finances and funds or sleeping with them and sees this judgment as a victory in the sense that he has the freedom of the air to steal from the finances or funds should think twice and quickly remind himself that the two anti-corruption bodies ,Independent Corrupt Practices Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC) are watching very closely and will ,without notice pounce on him for incarceration after due process. But that is not as serious as God’s law which says he will go to hell and will certainly make hell. This is not a curse. God’s law does not lie because God is not a liar”. In recognition of his contributions to the development of law and jurisprudence, the late distinguished jurist was a recipient of numerous awards both within and outside Nigeria including the national award of Commander of the Order of Niger (CON). May his Lordship’s soul rest in peace! Abdulrasheed Ibrahim is the former Publicity Secretary, NBA Lagos Branch.

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02.08.2016

Mrs. Vivian Osayande PHOTOS: Sunday Adigun

‘Government Should Increase Spending in the Health Care Sector’ By the very nature of their training, lawyers can excel in any field of human endeavour. Many lawyers have in this regard distinguished themselves in various fields, deploying legal skills creatively. Mrs.Vivian Osayande who is the Head of Legal, Africa Cluster, Novartis is one such Nigerian lawyer. In her discourse with May Agbamuche-Mbu, Jude Igbanoi and Tobi Soniyi, she expounds on the intricacies of managing the legal and regulatory compliance requirements of a multinational organisation such as hers which spans across several jurisdictions in Africa, the role of in-house counsel in corporate organisations and sundry professional issues.

eing the Head of Legal services in the African division of a global healthcare company requires an in depth knowledge of the pharmaceutical industry and a good grasp of commercial law. What has been your experience so far? In-depth knowledge of the industry and a good grasp of commercial law are valuable qualities to have. There is also the need to have good dispute resolution experience, sharp negotiation skills as well as advocacy and people skills, being that it often involves internal and external stakeholders. The most important skill to have is a good understanding of the business and this is applicable to any industry, whether it is Pharmaceuticals as in this case, or telecommunications or Oil and Gas, the Head of Legal or General Counsel is only as good as they know their business, their sector and the workings of their industry. Thankfully, this part can be learned

quickly depending on the individual’s humility, open mindedness as well as learning agility. It has been a huge learning curve for me and a great opportunity to work in a truly multinational company that is driven by Patient-centricity and strong values such as innovation, courage and collaboration. I have experienced diversity and inclusion at its best and it has also been a good opportunity to work in an industry that directly impacts human life and promotes wellbeing. I have found my major role to be that of an enterprise connector, bringing several aspects of the business together through legal advice. A major professional mindset shift has been that of decision making and calculated risk taking. In my previous roles, it was possible to share different legal options with the client and allow their legal teams to take the decision but now, there is often an urgent need to take a courageous decision fairly quickly. This also brings to bear, the burden to not only do what is legal, but more importantly, what is right. Legal Support and advice across 46 African

Countries would no doubt be a daunting task. Given the multifarious challenges relating to drugs manufacture, distribution and administration in Africa and the fact that legal regimes vary from country to country in Africa. How do you cope with this challenge of working in various jurisdictions with different legal systems? The company has a great cross- functional team, where employees have a passion for Patients. The team, both within the company and via our external legal counsel Africa panel has been very helpful. As you noted, our geographic spread means, legal regimes are quite different. Complying with local laws in every jurisdiction is a given for us, we therefore rely on the expertise of local legal teams for support. We work with good business minded law firms in all the countries and factors such as language, poor travel connections, infrastructure, and even under developed legal framework in certain instances, which would have ordinarily posed a challenge, make the task exciting. The overall impact on the business outcomes and the

lives of the Patients we are called to serve, make it even more rewarding. Africa is on the verge and the threshold of possibility is endless so it is indeed an honour to be able to traverse the beautiful geography, experience the rich culture and encounter the intelligent people. The role of Compliance Officers in corporate organisations is taken for granted in Nigeria. With the benefit of your experience at Novartis, can you explain the importance of a Compliance Officer? From my work experience I do not agree that the role of Compliance Officers is taken for granted in Nigeria. Many companies, including ours have invested significant resources in building a strong and sustainable Compliance culture and attracting the right talent to oversee the Compliance Officer role. The era of the Compliance Officer being merely the approver of projects and policing the organisation is over. The only businesses that are sustainable in today’s reality are those who have made this transition about this important function. The FCPA and the UK Bribery act both have

02.08.2016 extraterritorial reach; however that is not the only reason for this shift. Shareholders and other stakeholders are demanding more accountability from businesses. The Compliance Officer role is one of the most important roles in an organisation with the primary responsibility being to ensure that everyone within the organisation drives the business with integrity. The role has evolved over time moving from the back office to the boardroom. Compliance is a key business and management function. Someone once said that an effective Compliance Officer is one who can persuade and motivate the business to do the right thing and to be truly emotionally invested in the aims of the compliance program. In certain organizations the role of in-house Counsel is merged with that of the Compliance Officer. In your opinion can an individual combine both roles successfully? Whether one individual can combine both roles successfully should be determined by the scope of responsibility on either task whether on the compliance side or the legal side. This is a decision that is typically driven by business needs. During the course of my career I have seen instances where this has been fused successfully and instances where it has been separated successfully. There is no hard and fast rule. It is possible for a lawyer to be the Compliance Officer but it is not compulsory for the Compliance Officer to be a lawyer. The Compliance officer could be anyone with relevant business, life sciences or other relevant subject matter experiences. The delicate relationship between in-house counsel and external counsel continues to be a subject for discussion because of the varied and distinct perceptions both groups have of roles and work deliverables. How should external counsel approach their role with in-house counsel? The role of external counsel in providing support to in-house counsel cannot be over emphasised; the sheer scope of external counsel experience, dealing with several clients across several industries increases the value that they bring to the in-house legal department. Some of Africa’s finest external lawyers across various law firms provide us with strong support and we consider them our partners as opposed to mere service providers. That said, what will amplify the value that external counsel brings is their ability to take the time required in understanding the client’s business, peculiar needs and particular instructions in order to tailor their advice/recommendations. This is one area where knowledge of the law is not enough. Communicating the information in a simple, clear and timely manner is very helpful. Picking up the phone to discuss a query can quickly solve the puzzle as opposed to the traditional multi- pager memo. Both sides must bear two things in mind: • First is that with the state of the global economy, in-house legal teams world over are under pressure to manage legal spend therefore the problem solving approach must be innovative and cost saving. • Secondly in-house legal teams are getting leaner so the dependence on external counsel for value based support is on the increase and so when these two things are taken into consideration it is a win-win. Considering your experience in other African countries regarding access to affordable medical care could you suggest possible ways government can improve access to affordable health care in Nigeria? The simplistic answer would be to ask that the Government increases health care spend in order to put the requisite infrastructure in place but with the global drop in Oil prices and other factors which have led to huge reduction in the Government's earnings that would be far-fetched. A multi-faceted approach would be required. Such an approach would focus relentlessly on the priorities and outcomes that matter. Government cannot afford to focus only on the supply-side interventions—for example, medical professionals, commodities, and facilities but must also work to close gaps in demand for health services which are occasioned either by cultural barriers or even high levels of illiteracy. We must bear in mind that the present reality is that Government alone cannot close the huge gaps we experience in the Nigerian health care system. However, it is pivotal that it takes the lead to foster sustainable partnerships as in other countries, there has to be a collaboration of all the key stakeholders to systematically eliminate barriers to access Public Private Partnerships are inevitable. In my opinion another major thing Government can do at this time is to work towards creating a stable legal framework for critical issues such as healthcare logistics and supply chain management systems. We cannot over emphasise the need for stable legal framework. Take a look at the National Health Act, which was passed in 2014. It has the potential to deliver public health improvements and the attainment of Universal Health Coverage (UHC). Driving the implementation of such an initiative to optimum levels is something else that Government can do. Could you enlighten us on Novartis’ corporate social responsibility initiatives in Africa and Nigeria in particular? Creating Patient Access to innovative healthcare in Africa is at the top of the Novartis agenda. In 2015, a USD 1 million Health Education & Capabilities Fund was established to help finance internal projects focused on health education, disease awareness and capability building, primarily in Africa. Novartis is also contributing to building scientific and clinical capabilities in emerging countries through the Novartis Next-Generation Scientist (NGS) and Visiting Scholar (VS) programs. Each year, 20 NGS interns and as many as 10 VS from across the developing world are selected to carry out research projects using state-of-the-art techniques and equipment that can also be implemented within their local infrastructure. Since 2010, 135 young scientists and clinicians from 21 countries across Africa, including Nigeria participated in these programs. The programs have contributed to peer-reviewed publications, presentations at international conferences, the advancement of local healthcare infrastructure, and the creation of an international network of scientific and clinical leaders in emerging countries. In Ethiopia, Novartis Sandoz collaborated with local authorities in East African countries to set up the first regional bioequivalence

COVER/9 center, providing capital and technical support. The center ascertains the bioequivalence of generic drug products against those of the brand/innovator products as per the specifications of the World Health Organisation. It provides laboratory and clinical research skills training to local communities, and helps strengthen health policy controls in the long term. Supported by The Novartis Research Foundation, Novartis has entered a research partnership with H3-D, the first fully integrated drug discovery and development center on the African continent, affiliated with the University of Cape Town in South Africa. The goal of the center is to educate the next generation of African scientists and to work on diseases that affect people on the African continent. Nigeria is hugely important to Novartis, since 2002 over six hundred patients in Nigeria who cannot afford their treatment for chronic myeloid leukemia, receive this life changing cancer therapy at no cost. The Glivec® International Patient Assistance Program (GIPAP) is a public private partnership supported by Novartis along with the Max Foundation, Axios International and other local Non-Governmental Organisations. Recently, as part of the Life Gift Transplant program, Novartis partnered with the Federal University of Sao Paulo, Hospital do Rim e Hipertensao- in Brazil and Lagos State University Teaching Hospital (LASUTH) for upscaling of capabilities and skills acquisition regarding renal transplantation. This project was implemented to encourage appropriate collaboration between LASUTH and the Brazilian Hospital and to support best standards of care and practice with regards to legal and ethical ramifications of renal transplantation. There are other educational initiatives that Novartis has undertaken to improve the knowledge of healthcare practitioners in several other therapeutic areas including cardiovascular medicine and ophthalmology. Novartis has also recently partnered with the Pan Africa University, Lagos Business School and several independent Pharmacies to train over 70 Pharmacy assistants on advanced Customer Service with a view to build capability. The journey is ongoing. NAFDAC recently reported that 65% of drugs on pharmacy shelves across Nigeria are fake and adulterated. What is Novartis’ strategy for protecting its brand and products in Africa Novartis is committed to preventing the counterfeiting and diversion of our medicine and actively collaborates with partners in government, industry, law enforcement and the public health sector to implement strong integrated anti-counterfeiting measures and to communicate the health risks of counterfeit products to patients. Novartis uses anti-counterfeiting technologies which are very simple to use but difficult to detect and copy. Working with international and local authorities and industry partners we have had much success in reducing theft and disruption to the legitimate supply chain and we continue to explore and implement additional product security technologies. Through these efforts we aim to protect patients from counterfeit medicines and to ensure our patients receive the high quality medicine they expect and deserve. Recently, we were commended by NAFDAC for partnering with the agency.

"THE SIMPLISTIC ANSWER WOULD BE TO ASK THAT THE GOVERNMENT INCREASES HEALTH CARE SPEND IN ORDER TO PUT THE REQUISITE INFRASTRUCTURE IN PLACE BUT WITH THE GLOBAL DROP IN OIL PRICES AND OTHER FACTORS WHICH HAVE LED TO HUGE REDUCTION IN THE GOVERNMENT'S EARNINGS THAT WOULD BE FAR-FETCHED"

Packaged food and drugs are registered with NAFDAC before they can be offered for sale on the market. Having worked in different regulatory agencies in different countries, are there procedures or methods NAFDAC can adopt to improve the process of product registration? I would like to commend NAFDAC on their product registration processes. The automation of processes and the availability of information online have improved the user experience for companies who interact with NAFDAC. I am looking forward to further improvements and innovation as their commitment to assess and improved processes would ensure that they are in line with global standards. The Ease of Doing Business in a country is one of the factors investors consider when making investment decisions. In your opinion how can government improve the ease of doing business especially with regards to the Pharmaceutical Industry? The government should be vested in improving the ease of doing business to encourage entrepreneurship across the Nigerian business landscape. Under the Ease of Doing Business index, getting a higher ranking indicates that a Country has better, usually simpler, regulations for businesses and stronger protections of property rights. Many factors are considered in getting to this conclusion. Examples would include what the duration of court procedures should be and what the optimal degree of social protection is. What government could do is to intensify efforts to improve the many indicators. It cannot be limited to how quickly it is to register a local entity, but must be broadened to include often neglected factors such as resolving insolvency, enforcing contracts, taxes and even obtaining permits and licenses. Nigeria’s vast natural resources outside of Oil, human capital, young demographic population and the undying resilient spirit of the average Nigerian continue to make it an attractive business hub in spite of the present difficulties. Even though its current ranking on the index is low, Nigeria represents the N in the MINT acronym which was coined to classify what is viewed globally as the emerging economic giants. How quickly we collectively work on the premise that in spite of the present economic situation, Nigeria has everything it takes to truly emerge would determine how quickly we live this reality. The legal profession in Nigeria has a clearly distinct and enviable reward system for lawyers in litigation, who are awarded the coveted rank of Senior Advocate of Nigeria. In the past few years, lawyers in corporate and commercial practice have been agitating for some form of recognition in their own field. Given the fact that the legal profession in Nigeria is fused, do you see any merit in this proposition? The Senior Advocate title is basically a perk of the Bar which in my view is great. It is a reward for people who have distinguished themselves in advocacy. You might argue that advocacy skills are hard to define and to distinguish from those required for a competent lawyer who does not get his feet in the court room and that in a profession that is encouraging people to avoid going to court whenever possible by embracing conciliation and mediation, good negotiators should get the recognition too. While there may be merits to that argument, in my view, considering that the criteria for becoming a Senior Advocate still revolves mainly around the number of cases a lawyer has done in courts of superior record, I find the exclusion of corporate commercial lawyers justifiable. That is not to say that I do not think that corporate and commercial lawyers should be recognised, I just don’t know that the appropriate recognition would be the conferment of the Senior Advocate title. It would be interesting to see how that would play out because the criteria would need to be radically changed and even the benefits of wearing the Silk and getting express audience with the Judges would not be relevant to the commercial lawyer in his day job. I am not a crusader for the proposition but we can’t ignore the clamour and maybe it then becomes important to review the current conferment framework. Over the past few years, Arbitration has witnessed an unprecedented growth in the African continent because of its advantages over Litigation. However after the successful conclusion of the Arbitration process, counsel more often than not initiate proceedings in court or challenge the arbitral award thereby making the process less effective. In your opinion what can be done to prevent counsel from seeking relief from the courts after submitting to Arbitration? The federal Arbitration and Conciliation Act Cap A18, Laws of the Federation of Nigeria 2004, has already made provision to ensure that Counsel cannot indiscriminately seek relief from the courts after submitting to Arbitration. Courts will generally decline jurisdiction and would not intervene except as has been clearly provided for under the Act. The Courts are meant to support the process where necessary, for example where there is a need to issue a subpoena to compel a witness to attend etc. Where a party brings an action in court with a view to frustrate the arbitral process, Nigerian law is to the effect that the other party may ask the courts to stay proceedings as far as he has not taken steps to defend the matter. In practice, Nigerian courts are generally supportive of the arbitration process and are reluctant to set aside awards where parties have agreed to abide by the decision of a tribunal of their own selection, unless it is shown that there has been something radically wrong and vicious in the proceedings. What seems a bit ironic is that the procedure for enforcement of arbitral awards in itself still has the tendency to fall prey to tactical delays. In my view, this procedure is expected to be summary and not protracted. The only reason it becomes necessary to enforce the award in the first place is because the other party has not simply accepted it. So continuing to rely on the traditional rules which require the use of Originating Summons and Motion on Notice for enforcing arbitral awards is an avenue to open the process up to several delays. Several practitioners have called for a more simplified and specialised process and I am supportive. It will be good if we took a cue from other jurisdictions like England and Brazil in this regard.

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02.08.2016

Franchising: A Pathway to Entrepreneurial Success in Nigeria Franklin Okeke

any description whatsoever, the provision of operating staff or managerial assistance and the training of personnel etc.

ranchising is a business model that businesses use to expand their brand and operational footprint. A franchisor is a company, business or person that has developed a system/ name and grants a third party the right to operate a business under the system and name in consideration of fees from the third party. According to the International Franchise Association, a franchise is “the agreement or license between two legally independent parties which gives: a person or group of people (franchisee) the right to market a product or service using the trademark or trade name of another business (franchisor); the franchisee the right to market a product or service using the trademark or trade name of another business.’’ The essence is to enable the franchisee enjoy commercial success in his business by ‘riding on the coat tails’ of the franchisor. There is usually a fee (the ‘franchise fee’ or royalty) attached to the use of the system. There is a popular saying that owning a franchise allows you to go into a business for yourself, but not by yourself. The advantages of franchising includes - access to an established product or service which already enjoys widespread brand-name recognition, effectively giving the franchisee the benefits of a pre-sold customer base which would ordinarily take years to establish, thereby significantly increasing his prospect of success. It provides franchisees with a certain level of independence where they can operate their business, and offer consumers the attraction of a certain level of quality and consistency mandated by the franchise agreement. The franchisee is willing to pay for association with time tested and trusted products and methods (which would otherwise take him years to create), through the franchise arrangement. Some examples of franchises in the quick service restaurant (QSR) sector in Nigeria include: Mr. Biggs’, Domino’s Pizza, Chicken Republic, Kentucky Fried Chicken (KFC), Debonairs Pizza, Tastee Fried Chicken (TFC) and Tantalizers. Four of the above examples are homegrown Nigerian brands. Structure and Construct of a Franchise Agreement A franchise agreement (FA) by its complex and technical nature is accompanied by a bundle of Intellectual Property (IP) rights (trademarks, service names, patent, designs, technological know-how etc.), which are protected and regulated not only by the FA between the parties, but also by relevant laws regulating the transfer of such, especially where there are cross border dimensions. The IP rights are the basis upon which the FA is built because a franchisor would be unwilling to enter into an FA if it feels its IP rights would not be adequately protected. Issues can arise regarding the impact of a franchisor’s bankruptcy or liquidation on the FA and its resultant effect on the franchisee. What would be the fate of the IP rights vis-à-vis the franchisee’s interest? If a liquidator is appointed over the franchisor company, the liquidator takes control of the company and can enforce its rights against franchisees. The franchisee must continue to pay the agreed fees and adhere to the franchise system. The role of the Liquidator would be to sell the franchisor company to a third party or in the alternative sell the assets of the franchisor which includes the IP rights. If the franchisor company is sold to a third party (which is more preferable), then the FAs could be assigned to the new owner and the franchisees can continue to do business as usual. On the other hand, if the assets of the franchisor are sold, nothing prevents the franchisee(s) from acquiring the IP Rights. It

must be stated that an FA does not terminate simply because the franchisor has gone into liquidation. This is however subject to the express terms of the Agreement. Franchise lawyers spend a considerable amount of time drafting and negotiating FAs, since the FA is the cornerstone of the franchise relationship and is likely to be in place for a number of years. While no two FAs may be identical, most include provisions such as the grant of a trademark license, the right to operate the franchised business, payment of fees, terms of the rights granted, limitations on how the franchisee can use the franchisor’s trademarks, indemnity clauses, operational standards and specifications, reporting requirements, default, termination, post-termination obligations, non-compete clauses and disclosure of confidential information, and procedures for dispute resolution. However, these clauses are subject to judicial interpretation. In Canada, the court recently held that a ‘non-compete’ clause in an FA may not be enforceable in all circumstances against the franchisee. A non-compete clause is a clause which estops a party from engaging in a business similar in nature to that which the particular agreement is centred upon. In an FA, these clauses are used to ensure that the franchisee does not, with the know-how obtained from the franchisor during the course of the relationship, operate a business which would be in unfair competition with the franchisor and other subsequent franchisees. However, a recent Canadian decision seems to suggest that the fact that there is a non-compete clause in a franchise agreement, does not make it enforceable. The Ontario Court of Appeal, in MEDICHAIR LP v DME MEDEQUIP INC, 2016 ONCA 168, refused to enforce a franchisee's non-compete covenant because the evidence demonstrated that the franchisor did not intend to open a franchised store within the restricted territory. The Court concluded that non-compete covenants must protect “the legitimate interest of the franchisor”, but cannot extend beyond that. In this case, the franchisee had de-identified its franchise and opened a similar business in the same location; however, because the franchisor did not intend to operate in the protected territory after the franchise relationship ended, the franchisor was found not to have the requisite legitimate interest to restrict competition by the franchisee within that territory. However, where a franchisee is declared to be in breach of these provisions, the franchisor can take out injunctions in order to protect its position. In the Nigerian case of ANDREAS KOUMOULIS v LEVENTIS MOTORS LIMITED, (1973) ALL NLR 789, the appellant was sued for breach of his contract of service as a spare parts Sales Manager. Clause 6 of the contract provided that the appellant shall not for at least a year, after leaving the employment of the respondent, operate a similar business as that of the

respondent within a 50 miles radius from any trading station owned by the respondent. The Supreme Court affirmed the decision of the trial court and held that the clause was enforceable against the appellant. Finally, as with any business relationship, there is a dispute resolution component to franchise arrangements. Franchise litigation lawyers typically deal with claims such as violation of franchise sales laws or franchise relationships laws, misrepresentations during the franchise sales process, failure to pay amounts due, failure to make required refunds, and failure to provide contracted support. Franchisors typically try to control litigation somewhat with contractual provisions that require the franchisee to submit certain claims to Mediation or Arbitration or require the franchisee to litigate only in a specific forum. In 2013, an Australian franchise, Pie Face, was on the wrong end of series of legal action from its franchisees for misleading representation about potential sales and profitability. In order to avoid litigation, it is essential that the franchisor and the franchisee clearly lay out the duties and obligations of both parties, warranties (if any) and expected timelines for the performance of the said duties. Legal Framework for Franchising in Nigeria Till date, there is no specific franchising legislation in Nigeria. However, it must be stated that there are several regulatory provisions, existing in bits and pieces that affect franchising in Nigeria. An example is the National Office for Technology Acquisition and Promotion (NOTAP) Act Cap. N62 LFN 2004 which established NOTAP. It would however be erroneous to state that the NOTAP Act is the regulatory Act for franchising in Nigeria. This is because NOTAP only deals with the transfer of technology from foreign entities. Arguably, if an FA was to be executed between local entities there would be no need for NOTAP registration. However, there are still some legal issues to be sorted such as trademark registration, incorporation of entities etc. For example, a company considering franchising may wish to form a new entity to offer franchises and must decide what type of entity to form, how to organise it, and what organisational documents are necessary. Due to the fact that franchisees buying into a system will want the unrestricted right to use the name and mark used by the system, a franchise lawyer will work with the franchisor to obtain registration of the trademarks. Section 4(d) and (e) NOTAP Act grants NOTAP the power to register franchise agreements involving foreign franchisors. The section goes further to state that the agreement shall be registrable if in the opinion of NOTAP, it involves the use of trademarks, the right to use patented inventions, the supply of technical expertise in the form of the preparation of plans, diagrams, operating manuals or any other form of technical assistance of

By virtue of Section 7 of the NOTAP Act: ‘…no payment shall be made in Nigeria to the credit of any person outside Nigeria by or on authority of the Federal Ministry of Finance, the Central Bank of Nigeria or any licensed bank in Nigeria in respect of any payments due under a contract or agreement mentioned in section 4(d) of this Act, unless a certificate of registration issued under this Act is presented by the party or parties concerned together with a copy of the contract or agreement certified by the National Office in that behalf.’ Regulation 4 of the Income Tax (Transfer Pricing) Regulation 1, 2012, states that where a connected taxable person has entered into a transaction or a series of transactions to which the Regulation applies, the person shall ensure that the taxable profits resulting from such controlled transactions are in a manner consistent with the arm’s length principle otherwise the FIRS shall make necessary adjustments. Arm’s length principle simply means that the conditions of a controlled transaction should not differ from the conditions that would have applied between independent persons in comparable transactions carried out under comparable circumstances. The arm’s length principle is relatable to franchising in that it seeks to guide the relationship between connected parties (companies that share common control or participate directly or indirectly in the management, control or profit of one another). For example, agreements between Group and Holding companies, subsidiaries, companies with the same directors etc. However, this provision would arise in the event of future collaborations/transactions (JVs, Technical Services Agreement etc.) between the franchisor and the franchisee as a means of preventing unfair advantage in the dealings of related entities. There are other provisions of the NOTAP Act which deals with franchising such as section 6 providing for the basic requirements which must be included in the service agreement (including FAs) for it to be approved by NOTAP. The basic problem with NOTAP regulating FAs between local and foreign entities is its lack of transactional focus. Some of the provisions in the NOTAP Act are too bureaucratic in nature without paying particular demands to the tenets and dynamics of the franchise Industry. Unfortunately, the same lack of transactional mindset is exhibited by many Nigerian regulatory agencies, whose consequent poor performance weighs businesses down, and negatively impacts competitiveness of Nigerian businesses. International Perspectives Other jurisdictions have already begun to enact and amend their laws in order to maximise the advantage of franchising. In the United States, some provisions of the California Franchise Relations Act (CFRA) were revised through the California Bill AB-525 which was passed into law in 2015. This sweeping new law gives franchisees across California more protections when purchasing, transferring and terminating their FAs. Sponsored by the Coalition of Franchisee Associations (CFA), the law affects new franchisees (i.e., those who are granted or renew an agreement after January 1, 2016) and current franchisees upon sale, transfer or termination of their FA. Specifically, the law amends the CFRA to generally make FAs, more franchise friendly. The changes made were more significant in the sale, transfer and termination of FAs. For instance, the law changed the 30 day notice and cure period required before a franchisor can terminate an FA to a 60 day notice and cure period. CONTINUED ON PAGE 11

02.08.2016

RIGHT OF REPLY/11

Ogah v Ikpeazu: The Law, Facts and Fiction Indeed

Ikenna Okoli

igerians, most especially lawyers, have a penchant for rushing to issue statements, and make comments on judgments on political matters without seeing or reading the judgments in question. A good example was when the Supreme Court handed down its decision in the Rivers State Governorship election. Even before the Supreme Court came out with the full reasons for its judgment, quite a number of lawyers had begun bashing the Supreme Court. The recent judgment of Honourable Justice Abang of the Federal High Court, Abuja (Suit No.: FHC/ABJ/ CS/71/2016; FHC/UM/CS/94/2015) removing the Abia State Governor, Dr. Okezie Ikpeazu, from office as Governor of Abia State, has been causing a furore. Several lawyers and public affairs analysts have been proffering unsolicited opinions on the judgment. On 12 July 2016, the views of a Senior Advocate of Nigeria, Chief Mike Ozekhome, on the judgment, were published on page 11 of Lawyer, a weekly publication of Thisday newspaper. After reading the article, I was convinced that it is either that Chief Ozekhome did not read the judgment or that he deliberately ignored the contents of the judgment in a bid to arrive at a preconceived conclusion. I will attempt to show that Chief Ozekhome, was not only unfair to the court that handed down the decision, but he was also wrong in most of his legal arguments and conclusions. I will try to respond to some of the issues he raised in the article under the headings which he raised the issues. Given that this article is for publication in a newspaper, I will try to be as brief as possible. Lis Pendens Chief Ozekhome argued inter alia that by the provisions of section 143 of the Electoral Act, a person whose election is nullified shall remain in office pending the determination of his appeal. In other words under section 143 of the Electoral Act, the filing of an appeal operates as a stay of execution without more. However, section 143 is not applicable in this instance as the section relates to decisions in post-election

disputes (election petitions) before an election tribunal or the Court of Appeal. Contrary to Chief Ozekhome’s postulations, this was a pre-election matter as was very clearly spelt out in the judgment. Qualification and Disqualification Chief Ozekhome cited section 177 of the Constitution of the Federal Republic of Nigeria 1999 as amended, which sets out the qualifications for eligibility to contest Governorship elections. He went further to set out the disqualifying factors as contained under section 182 (1) of the Constitution. He then argued that Dr. Okezie Ikpeazu did not suffer any disabilities under the Constitution. However, and most regrettably, Chief Ozekhome did not make any reference whatsoever to the court’s position in that regard. I expected him to have set out the reasoning and conclusion of the court on the issue of qualification and disqualification and then proffer contrary arguments to support his own views. I will quote part of what the court said regarding the arguments on qualification and disqualification. The provisions of section 31 (4, 5 and 6) of the Electoral Act are not in conflict with sections 177 and 182 of the Constitution. What is before the court for adjudication is not the qualification or disqualification of the 2nd defendant (Dr. Okezie Ikpeazu) to contest election to the office of Governor Abia State under sections 177 and 182 of 1999 Constitution as amended rather what is before the court is a pre-election matter regarding the qualification or disqualification of the 2nd defendant to contest People’s Democratic Party’s primary election as People’s Democratic Party candidate for the office of Governor Abia State as provided for in Article 14 and 14(a) of the People’s Democratic Party Electoral guidelines 2014 which provides that, an aspirant seeking nomination of a political party as a candidate must produce his personal income tax certificate .... ..... If the issue relates to the 2nd defendant’s qualification or disqualification or under sections 177 and 182 of 1999 Constitution as amended then it is a matter of petition to be filed by an aggrieved party after the general election that is an issue for the election tribunal to decide. Chief Ozekhome also argued that the People’s Democratic Party Guidelines, which the court also relied upon, was not a document placed before the court.

Dr. Uche Ogah

Dr. Okezie Ikpeazu

Hear him: “How could he therefore have speculated on it? A court is not a knight errant in shining armour, on a voyage of investigation and discovery, like Mungo Park, Clapperton, Vasco Dagama or Lander Brothers.” Again, the court dealt with this issue and I would have expected the learned Senior Advocate to refer to how the court resolved the issue before lambasting the court. In resolving that issue, the court was of the view that the portion of the relevant guidelines had been quoted in the plaintiff’s written address and the defendants joined issues with the plaintiff on it. That the defendants did not dispute the existence of the guidelines or assert that its provisions had been altered. That having not raised the issue before, the 1st defendant (PDP) was estopped from raising it at the address stage. The court went on to hold that the Supreme Court had taken judicial notice of the Peoples Democratic Party’s Electoral Guidelines in the case of UKACHUKWU v PDP (2014) 17 NWLR (Pt. 1435) 134 at 201. Chief Ozekhome then went on to cite section 141 of the Electoral Act which provides that “An election tribunal or court shall not under any circumstance declare any person a winner at an election in which such a person has not fully participated in all the stages of the said election.” He then went on to ask: “How do you remove a sitting Governor overwhelmingly voted for by his people, by judicial fiat, and order his opponent who never sought for votes from Abians, sworn in, in an intraparty quarrel, when section 141 Electoral Act clearly outlaws AMAECHI’s CASE and warns that “under no circumstances” should a court “declare any person a

winner at an election in which such a person has not fully participated in all stages of the said election”? This indeed is the most worrisome aspect of the article. The learned Senior Advocate stated that he read the judgment, yet he asked that question. The Federal High Court clearly stated that it derived its authority to pronounce Dr. Ogah as the Governor of Abia State pursuant to the present position of the law as espoused by the Supreme Court. The Federal High Court placed reliance on the authority of JEV v IYORTOM (2015) 15 NWLR (Pt. 1483) 484. The Federal High Court said inter alia: “The beauty of the Supreme Court’s latter decision in JEV v IYORTOM (Pt. 1483) supra is that the Supreme Court in the latter case set aside part of its consequential order in JEV v IYORTOM (Pt. 1428) supra and ordered the winner of the case to be sworn in and certificate of return issued to him by Independent National Electoral Commission. I am bound by the decision of the Supreme Court in JEV v IYORTOM (Pt. 1483) P. 505 that has restored and reaffirmed its earlier decisions in .... I have no choice. In fact I have no liver that will sustain me to even think of departing from it. It is not done”. As lawyers, we need to be circumspect and measured in our criticism of judgments. It is imperative for us to maintain our professional integrity by ensuring that we have read the judgments we comment on, and do so fairly, without impugning the integrity of the court. Ikenna Okoli is a Legal Practitioner based in Lagos

FRANCHISING: A PATHWAY TO ENTREPRENEURIAL SUCCESS IN NIGERIA The franchise industry within the United States is showing no signs of slowing down. Franchising and distribution continue to make up a large part of the United States’ economy. According to The Franchise Times of 2014, the top 200 franchise systems on its rankings had total annual sales in 2013 of $590 billion. In South Africa (like Nigeria), there is also no singular law regulating franchising. However, franchising is adequately provided for in South Africa’s Consumer Protection Act 2008, which defines franchising and its various concepts. It also covers provisions on certain consumer rights which afford protection to potential franchisees, chief among which are: (a)The right to obtain a disclosure document when assessing a franchise opportunity fourteen days before signing the franchise

agreement. The disclosure document should contain the number of franchise outlets, list of current franchisees, franchisor’s turnover and net profits etc.; (b) the right to cancel the agreement with no penalty within 10 business days of signing it (cooling off period); and (c) Protection against unfair discrimination by suppliers; and (d) protection against a franchisor receiving a direct or indirect benefit or compensation from suppliers to its franchisees or its franchise system unless the fact thereof is disclosed in writing with an explanation of how it will be applied. Conclusion In order for Nigeria to fully leverage franchising as a tool for economic development, it would be necessary to enact laws to guide franchise transactions. Franchising,

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as a form of strategic alliance holds a lot of promise for economic development by building up entrepreneurial capacity of local business people, indigenising the economy, and contributing to halt capital flight; hence, it should receive institutional support. FAs are more often than not, one-sided in favour of the franchisor and as such, most franchisees would require protection through specific laws. General contract law cannot fully embrace the challenges therein. An example can be drawn from the Landlord-Tenant relationship. Before the passing of the Tenancy Law of Lagos State 2011, it was the norm for Landlords to collect multiple years rent in advance. Section 4 of the Law put a stop to this oppressive act (although it is yet to be seen whether compliance has been as a result of the positive impact of the law or due to the commercial impracticability

which has made such practice financially disadvantageous). Nigeria should take a leaf in franchise regulation from the United States and South Africa. The Disclosure Document and ‘cooling off’ period that are required in South Africa are additional points aiding the cause for franchise regulation in Nigeria. This would be particularly important where the franchisor is a foreign company; the franchisee needs to be adequately protected in a fair and balanced FA. Proper franchise regulation would go a long way in unleashing the entrepreneurial energy of Nigerians and also in creating an atmosphere which while inviting investment is also conducive for growth. Franklin Okeke, Esq. is a commercial lawyer focusing on franchise arrangements and practices with Messrs LeLaw Barristers & Solicitors.

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02.08.2016

Challenge of Arbitral Awards: Who Decides? Emilia Onyema

Challenge of Arbitral Awards hallenge of an arbitral award (usually the final award which disposes of all the issues in dispute between the parties) arises generally after the conclusion of the arbitral proceedings and the arbitral tribunal has rendered its decision. Ideally at this stage, the arbitral tribunal would have been paid for its services (in deciding the dispute between the parties) and become functus officio, effectively bringing the arbitration to an end. Therefore challenge of awards falls outside the realm of arbitration back into the realm of national courts. Challenge of awards will need to be initiated before a particular national court by an aggrieved party dissatisfied with the outcome of the arbitral reference. This effectively means that the applicant must have been a party (or claiming through such party) to the arbitral reference from which the award that will be attacked emanates. The second preliminary issue on challenge is that it must be based on a clearly identified law. For our purposes, this may be on the basis of the New York Convention (for Convention awards) or the national law of the place of challenge of the award. The applicable law sets out the grounds on which the challenge to an arbitral award may be upheld. It is important to note that the various laws expressly make the upholding of the challenge application at the discretion of the court sieised of the application. For example Article V.1 of the New York Convention commences with, “Recognition and enforcement of the award may be refused …” Under the UNCITRAL Model Law, Article 34(2) commences with, “An arbitral award may be set aside …” while Article 36(1) commences with, “Recognition or enforcement of an arbitral award, irrespective of the country in which it was made, may be refused only: …” (Emphasis added). These provisions effectively imply that even where a ground of challenge of the award is made out, the court may decide against the challenge and uphold the arbitral award. Thus there is an element of uncertainty when an arbitral award is challenged, on whether the court hearing the application will grant the challenge even where the ground of challenge is proved. This element of uncertainty increases the risk factor to be considered in deciding whether or not to challenge the arbitral award. Challenge of arbitral awards also leads to delay in the enforcement of the award and payment of the judgment debt, therefore delaying the finality of the conclusion of the dispute. Who decides whether to challenge the arbitral award? Having examined the preliminary issues that relate to challenge of arbitral awards and the possible consequences of such challenge on the finality of disputes, it is now necessary to examine the question of who decides whether to challenge the award. This question appears on its face to have a clear answer: the parties (so the client) but is this really true or substantiated in practice? The losing party (usually on the advice of its counsel) pursues what in the predominant number of cases are frivolous challenges before national courts. Counsel on their part may (in some cases) not correctly advise their losing clients but seek for ways to proceed with what may be ill advised and weak challenge applications. It should be quickly noted that in some cases the challenge is evidently meritorious. In the particular case of Nigeria, it has been said that counsel pursue frivolous appeals for personal gain, which is not limited to fees they will earn but to tick their “SAN application form” boxes. If this allegation is true then that in itself is a travesty of justice by those who should be protecting such clients, and a breach of trust because such counsel do not act in the best interest of their clients. So really who should be blamed or which of them (client or counsel) should have the greater share of the blame? Should it be the party who instructs counsel or counsel who advises the client of such possibilities in clearly hopeless or very weak cases? The answer to this question is not so obvious in situations where there may be merit in challenging the award. Such grey situations may be worth pursuing before the courts for purposes of developing the law. This will lead to an examination of the cost (time and money) to the parties of pursuing such challenge. When will it be reasonable to challenge the award? I proceed to answer this question on the premise that nobody involved in the Arbitration process thinks that the law should not provide any opportunity for an arbitral award to be challenged (which is one extreme of the scale) or that an arbitral award should be basically subjected to the same appeal process as court judgements (the other end of the scale). This limits our interrogation to where on this sliding scale should our ‘reasonable’ challenge lie. It is basically agreed that arbitration as a dispute resolution process must also be subject to the requirements of procedural due process in the dispensation of justice. The purpose of arbitration is not to ‘split the game’ between the parties, however seemingly just that may be. The purpose of arbitration is to apply the law to the facts and make a reasoned decision. Such reasoned decision in itself must also be just and accord with whatever law it is subject to. It therefore only stands to reason that where minimum requirements of justice are not complied with, then arbitration has not truly taken place. It is the function of the state to safeguard this by providing the opportunity for an aggrieved party to pursue redress before its courts. This is not synonymous with the court taking over the functions of the arbitral tribunal and rehearing the dispute de novo. If courts are allowed to effectively re-hear the dispute, then it can be argued that the court usurps the power of the arbitral tribunal and the power granted to the disputants by their personal law to arbitrate the covered dispute. Therefore to forestall such eventualities, the grounds on which an

arbitral award may be challenged are usually quite limited under most arbitration laws. So to answer this question, it will be reasonable for a losing party to challenge an arbitral award that has failed to meet this minimum standard of due process to avoid injustice being done in the name of expediency. If this answer is correct, who is then best placed to make this analysis and advise accordingly? In my view counsel is best placed to make this analysis and advise their client, the losing party. Technically it is for the party/client to then decide what they wish to do. However parties can only make such decision following advice from counsel, though it is acknowledged that the ultimate decision maker on whether to pursue the challenge of the arbitral award or not remains the parties. If the decision lies with the party/client, can counsel decide not to pursue a frivolous challenge? The simple answer to this question will be a ‘yes’. This is because counsel is not obliged to continue to represent such a client. It therefore follows that counsel must be brave enough to set aside their personal interests and refuse to represent a client who wishes to pursue an obviously frivolous challenge of the arbitral award, against their advice. What is the role of counsel in international arbitration? As we know, it is usual to be represented by counsel in arbitration proceedings. It is true that nothing stops parties directly representing themselves in arbitration proceedings but that is not the norm in modern arbitral practice. Generally, or at least ideally, lawyers become involved in arbitration at the contract drafting stage. This is usually by transactional lawyers and increasingly with expert advice from arbitration lawyers. It is this early engagement of lawyers with expertise in arbitration that enlivens the hope that in due course pathological arbitration clauses will only be found in the archives. For purposes of this discourse, counsel may also be involved in the arbitral reference from the moment parties contemplate commencing arbitration, so effectively early on in the process. Generally, counsel/ lawyer advises and assists parties in commencing and participating in the arbitration, including the arbitral hearings. This full participation gives the counsel/lawyer a greater insight into the legal issues arising in the dispute and the award and the ability to judge and advise their client on whether any challenge of the resultant award is reasonable and viable to pursue. According to the 2013 IBA Guidelines on Party Representation in International Arbitration, the primary duty of the party representative is the duty of loyalty to the party whom he or she represents while the party representative’s paramount obligation is, “to present such party’s case to the Arbitral Tribunal. The close similarity in the nature of the functions of counsel in both arbitration and litigation and the differences in the requirements of professional ethics in various jurisdictions, have prompted some arbitration stakeholders to produce some guidelines for lawyers involved in international arbitration. For example, the 2013 IBA Guidelines on Party Representation in International Arbitration notes that it was inspired, by the principle that party representatives should act with integrity and honesty and should not engage in activities designed to produce unnecessary delay or expense, including tactics aimed at obstructing the arbitration proceedings. The IBA International Principles on Conduct for the Legal Profession 2011 on its part under Principle 5 states: A lawyer shall treat client interests as paramount, subject always to there being no conflict with the lawyer’s duties to the court and the interests of justice, to observe the law, and to maintain ethical standards. These principles as articulated above, in my view, are the standards all lawyers/counsel involved in both, arbitration (whether domestic or transnational) and litigation should comply with. The role of counsel in arbitration can be divided into two broad periods: during the arbitration reference and connected satellite litigations especially following the issuance of the final award. I therefore propose to briefly examine certain themes on this question drawing from the provisions on the engagement of counsel in arbitration. I shall consider the provisions of the ICC 2012 Arbitration Rules; the LCIA 2014 Rules; and the LACIAC 2015 Arbitration Rules. These all apply during the arbitration phase of the dispute resolution process. Following the arbitration, counsel’s obligations revert back to litigation before state courts and so to the counsel’s role under whatever jurisdiction he or she practices and where the enforcement is sought. I will examine the 2011 IBA Principles on Conduct for the Legal Profession in this regard and apply it in the African context. Obligation of Counsel during the Arbitration More recent iterations of arbitration rules include provisions regulating the conduct of party representatives though such rules are relevant only during the arbitration phase. Most arbitration rules do not contain detailed regulatory provisions on the conduct of counsel or party representatives participating in the arbitral reference. For example, the UNICTRAL Arbitration Rules (2010 revision) only provides for the right of each party to be represented or assisted by

a person of their choice and how the names and contact details of such a nominee should be communicated to the arbitral tribunal and other parties. In addition it provides the arbitral tribunal with power to ask for proof of authority to so act from the nominee. The ICC Arbitration Rules under Article 17 only refer to the power of the arbitral tribunal or the Secretariat to require proof of the authority of any party representative. The London Court of International Arbitration (LCIA) 2014 Arbitration Rules contain more detailed provisions on the conduct of party representatives under Article 18. The provision includes matters on: a party’s right to have legal representation; power of the Registrar or arbitral tribunal to ask for proof of authority to act for a party; communication of the name and contact details of such nominees; issues of change of legal representative after formation of the arbitral tribunal. The LCIA famously annexed a ‘General Guidelines’ on the conduct of parties’ legal representatives. The LCIA Guidelines also empowered the arbitral tribunal to, decide whether a legal representative has violated these general guidelines and, if so, how to exercise its discretion to impose any or all of the sanctions listed in Article 18.6. This provision of the LCIA Rules is important and it is hoped other arbitration institutions will follow their lead. In truth arbitration institutions have some leverage to empower arbitrators to sanction erring counsel or party representatives. There is obviously a tension between the exercise of such powers and the autonomy of the party to appoint counsel of its choice to represent it in the arbitral reference. The LACIAC Arbitration Rules (2015) on its part also provides under Article 6 for parties right to nominate a person of their choice to represent or assist them in the arbitration. However this Article goes much further than the UNCITRAL Rules. Article 6 of LACIAC Rules also provides the need to communicate the name and contact details of such nominees to the other parties, the arbitral tribunal and the Centre; the Arbitral Tribunal or Centre may also require proof of authority to act from the nominee. The Rules then incorporate the IBA Guidelines on Party Representation in International Arbitration (and the powers granted to the arbitral tribunal therein); empowering the LACIAC Court to decide on referrals of misconduct of counsel in the arbitration (the procedure the Court will adopt and possible outcomes). It is hoped that the new wave of revisions of commercial arbitration rules will include provisions on managing the conduct of counsel during the arbitration proceedings. It is obvious from the above extracts that these provisions are rightly geared towards preserving the integrity of the arbitral tribunal and the arbitration proceedings. Obligations of Counsel after the Final Award The question raised for consideration falls outside the arbitration proceedings and arises following the publication or delivery of the final award and the losing party, unhappy with the outcome, decides (on the advice of its counsel) to challenge the award in the courts. In the conduct of providing legal services, it is agreed that counsel is under a professional obligation to advise their client of their choice to challenge the award where there is basis under the limited grounds provided for challenge under the applicable law. As already mentioned above where there is merit in pursuing a challenge of the arbitral award, which a party wishes to pursue, counsel may provide their legal service to such a party. The issue of concern arises where there is objectively speaking, no legal or factual basis on which to challenge the outcome of the arbitral award under the applicable law and counsel still advises or coaxes their client to pursue a frivolous or hopeless challenge of the arbitral award. This may be for other motives besides, it being in the best interest of the client. Also, a party may wish to pursue a patently unmeritorious challenge to delay the performance of the award and frustrate the award creditor. It is in cases of hopeless challenges to the arbitral award before weak and inefficient courts that causes damage to the arbitration brand, and should be avoided. It is in these cases that counsel can legitimately refuse or decline to act for such party. Conclusion Parties to arbitration are entitled to challenge an arbitral award where there are meritorious grounds for mounting such challenges. It is admitted that parties make the decision whether to pursue a challenge or not but it is also equally acknowledged that parties’ decision on whether or not to pursue a challenge of the arbitral award, is usually based on the advice of counsel. This being the case, counsel who advises and pursues on behalf of a losing party a manifestly frivolous challenge to a valid arbitral award causes damage to the arbitration brand. It is for counsel to understand the ethical dimensions of their functions in respecting and advising their clients to respect a valid arbitral award. It goes without saying that such frivolous and unmeritorious challenges cause delays in arbitration related litigation, which support the perception of unsupportive judiciaries in such jurisdictions. Every counsel must be cognisant of this perception and the role they play in its perpetuation. Finally, to answer the three questions set out above: a. Parties decide whether to challenge an arbitral award or not, on the advice of counsel. b. It is reasonable to challenge an arbitral award when the party will suffer “substantial injustice” (to use the phrase of Section 68(2) English Arbitration Act 1996) and the party can bring themselves within the limited grounds for challenge under the relevant applicable law. c. The role of counsel in international arbitration is to assist the party in presenting their case to the arbitral tribunal and preserving the integrity of the arbitral process to protect the arbitration brand. This paper was presented by Dr. Emilia Onyema PhD, FCIArb at the 1st International Chamber of Commerce (ICC) Africa Regional Arbitration Conference held in Lagos, Nigeria on 19 – 21 June, 2016.

02.08.2016

THE LIGHTER SIDE/13

LEGAL HUMOUR

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

Dear Counsel, I am really angered by the attitude of some lawyers, and I feel that bringing their unwholesome behavior to your notice would help draw attention to the excesses of some of our colleagues. I am currently representing a client in a civil case. The matter is in court and is being heard, but my opponent on the other side representing the claimant has on three occasions made unsavoury comments in newspapers and on television. He has continued to malign my client, saying he is not a fit person to do business with, and that he has been defrauding whoever he transacts business with. The matter before the court does not border on any business transaction. It arose from a disagreement over his relationship with a female friend. But the other counsel keeps uttering negative and abusive remarks about my client. My client is not a Nigerian and I am really bothered about the impression he is being given of our lawyers and our legal system. When I tried to point this out in court, the Magistrate issued a mild admonition and pretended he doesn’t read newspapers. While I do not think it warrants my lodging a complaint at the NBA, what else do you think I should do? Barth Ekiuwa Lagos

Dear Mr. Ekiuwa, The legal profession is a noble and dignifying one. But some have chosen to belittle or demean the profession in breach of their oath. Let me remind you of the provisions of the Rules of Professional Conduct for Legal Practitioners, 2007 which expressly provide for a strict code of behaviour for all lawyers. For instance Section 33 provides that “A lawyer or law firm engaged in or associated with a civil action shall not, while litigation is anticipated or pending in the matter, make or participate in making any extra-judicial statement that is calculated to prejudice or interfere with, or is reasonably capable of prejudicing or interfering with, the fair trial of the matter of the judgment or sentence thereon.” Other sections of the rules like 46(1) and (2) and 47 also make similar provisions. I would therefore advise that you write a very strong protest to the Magistrate and if possible read it in open court and ensure that you are heard on record. Should this fail, I see no other option than to lodge a complaint to the local Branch of the NBA.

The Lawyer’s Bill "I'm beginning to think that my lawyer is too interested in making money." "Why do you say that?" "Listen to this from his bill: 'For waking up at night and thinking about your case: $25'." A corporate executive received a monthly bill from the law firm that was handling a big case for his company. It included hourly billing for conferences, research, phone calls, and everything but lunch hours. Unhappy as he was, the executive knew that the company would have to pay for each of these services. Then he noticed one item buried in the middle of the list: FOR CROSSING THE STREET TO TALK TO YOU, THEN DISCOVERING IT WASN'TYOU AFTER ALL -- $125. The Lawyer and the Burglar A man went to the Police Station wishing to speak with the burglar who had broken into his house the night before. "You'll get your chance in court." said the Desk Sergeant. "No, no no!" said the man. "I want to know how he got into the house without waking my wife. I've been trying to do that for years!" The Lawyer and the Plumber A plumber went to the attorney’s house to unstop the sink. When he finished he said to the attorney "that will be $400.00." The attorney became irate "What do you mean $400.00, you were only here 20 minutes, that's ridiculous!!" The plumber replied, "I thought the same thing when I was an attorney"

Tips for Users of Arbitration and Mediation: Part 2 An Effective Arbitration Agreement

Adejuwon Adenuga

ceedings are minimised. In choosing the place of arbitration, you have inadvertently chosen the mandatory laws that will govern your arbitral proceedings. Mandatory laws of the place of arbitration must be respected. 7. All that is required of an arbitrator is to be independent of the parties in dispute and be impartial as concerns the parties and subject matter of dispute. However, to be sure the outcome of your arbitration is an award that is enforceable; please choose a trained arbitrator to preside over your disputes. You can seek help from the Chartered Institute of Arbitrators or Lagos Court of Arbitration, both at LCA-ICAA (Lagos Court of Arbitration - International Center of Arbitration and ADR)

o ensure a dispute resolution agreement is fit for its purpose, the same precautions will apply in both Mediation and Arbitration. However, the focus now is on an Arbitration Agreement.

What You should Know about an Effective Arbitration Agreement The arbitration agreement, signed by both parties in a contract, sets out the limits of authority the parties allow the arbitrator while presiding over their disputes. The arbitrator cannot act beyond its authority. However, the authority can be expanded as necessary if the parties agree. Seeing as the arbitration agreement more or less sets the limits of disputes that can be adjudicated upon, it is important to ensure an arbitration agreement is fit for its intended purpose. If not, the arbitration agreement may be ineffective or inoperable. Please ensure therefore, that your arbitration agreement takes cognisance of the following: 1. Avoid date limitations to conclude arbitration. If a period is set, six months for an arbitration to conclude for instance, the authority of the arbitral tribunal seizes on the preset date. If the arbitral award is not ready by that date, it cannot serve its intended purpose because no tribunal can act outside authority, except the parties consent to an extension. 2. If you must use an appointing authority or body to select arbitrators or an arbitral institution to administer your arbitration, ensure you choose a permanent body or a permanent institution. If the body or institution seizes to exist by the time your disputes arise, then your arbitration agreement becomes inoperable. That is because an arbitral tribunal cannot be set up for your arbitration. The body charged with that responsibility is no more. A fresh agreement will be needed to make progress, which can be difficult when parties are no longer friendly with one another.

3. The existence or validity of a contract could be challenged as part of a party's defence to a claim against it. Ensure the wording of the arbitration agreement gives authority to the arbitral tribunal to address such issues. 4. A party could argue that the arbitration agreement restricted the arbitral tribunal to dealing with DISPUTES. Therefore, the tribunal cannot handle CLAIMS. For good measure, please ensure both disputes and claims are stated in the arbitration agreement as matters for the arbitral tribunal to address. It is indeed possible that there is a disagreement for which no financial claims were made. 5. Time will be saved and decision making will be easier in the course of arbitral proceedings if you choose and state the laws that will govern the substance of dispute and procedure of arbitration in your arbitration agreement. The Lagos State Arbitration Law 2009 and the Lagos Court of Arbitration Law 2009 are good modern laws that meet international standards. 6. Be mindful to choose a convenient location for your arbitration so cost of attendance and administration of pro-

Draft Arbitration Clauses For Ad-Hoc Arbitration: "Any dispute or difference arising out of or in connection with this contract shall be determined by the appointment of a single Arbitrator to be agreed between the Parties, or failing agreement within fourteen days, after either Party has given to the other a written request to concur in the appointment of an Arbitrator, by an Arbitrator to be appointed by the Chairman or Vice Chairman of the Chartered Institute of Arbitrators Nigeria Branch". OR For Institutional Arbitration: “Any dispute arising out of or in connection with the interpretation of the provisions of this Agreement or the performance of same, shall be submitted to the Lagos Court of Arbitration and shall be resolved under the Rules of the Lagos Court of Arbitration. The dispute shall be resolved by a sole arbitrator, except as otherwise agreed by the parties to be by a tribunal of three arbitrators. The appointment of the Arbitrator(s) shall be in accordance with the said Rules, and the Award/Decision of the arbitrator(s) shall be final and binding on the parties. The seat of the arbitration shall be Lagos, Nigeria and the language to be used in the arbitral proceedings shall be English.” Adejuwon Adenuga FCIArb

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02.08.2016

Professional Ethics and Matters Sub judice: The Limits of Public Commentary Epiphany Azinge

speak to the media during an election petition trial. According to him it will be the height of indiscretion to be found engaging in this contemptible conduct. The challenge of senior lawyers engaging in this despicable conduct is that it has serious mentoring implications on junior counsel. Many young lawyers now see it as acceptable pattern of legal practice. Indeed some senior lawyers delegate the assignment to their juniors in chambers. My position is that as NBA has an election monitoring outlet, so there should be a media monitoring unit to monitor and identify counsel breaching the articles of Rule 33. All names collected should be forwarded to the NBA with the date, nature of misconduct etc and then from the NBA to the disciplinary committee.

T Introduction

he law and theory of SUB JUDICE in many climes is tied inextricably to the derogation to the right to freedom of expression and press. Section 39 (1) of the constitution of the Federal Republic of Nigeria 1999, as altered, provides that “Every person shall be entitled to freedom of Expression including freedom to hold opinions and to receive and impart ideas, and information without interference. Section 39 (3) however provides that nothing in this section shall invalidate any law that is reasonably justifiable in a democratic society (a) For the purpose of maintaining the authority and independence of courts. Sub judice as a legal principle is a derogation from the right to freedom of expression guaranteed by the constitution. For the purpose of maintaining the authority and independence of the court, matters before the court should be freed from comments likely to prejudice the determination of the case. Gilbert pocket size law dictionary simple defined the term Sub judice “as before a court, for its consideration” A more expansive definition is captured by Google, the largest search engine. Accordingly it states that “The Sub judice rule is a rule of court, a statutory rule, a parliamentary convention and a practice that has developed in the interaction between the media and public officials. At its most basic, the sub judice rule prohibits the publication of statements which may prejudice court proceedings” The principle of sub judice as a result of its variegated forms and vague nature has meant different things to different people at different times. The sub judice rule in some instances is considered as part of the law of contempt of court, specifically ex facie contempt, which refers to contemptuous acts committed outside the courtroom. Wikipedia, the online encyclopaedia also defines the term sub judice as follows: “In law, sub judice, latin for “under judgment” means that a particular case or matter is under trial or being considered by a judge or court. The term may be used synonymously with the present case” or “the case at bar” by some lawyers. Public Commentary In recent times, it is common place for lawyers, especially senior lawyers to be seen commenting on matters that they are handling in court. I cannot claim to be an exception. But I have also seen some senior lawyers resist this temptation of commenting in any form whatsoever. In all honesty, there appears to be no justification whatsoever for counsel to comment in a manner that is prejudicial to the case he is handling and by so doing commit contempt of court. Flowing from this is the fact that most judicial correspondents are lawyers who are capable of distilling and making informed comments from matters in court. To hide behind lawyers to achieve what they cannot attempt on their own is a big disservice to the legal profession and great disrespect to the bench Rules 33 of Rules of Professional Conduct 2007 Provides Succinctly “That a lawyer or law firm engaged in or associated with the prosecution or defence of a criminal matter or associ-

ated with a civil action shall not, while litigation is anticipated or pending in the matter, make or participate in making any extra-judicial statement that is calculated to prejudice or interfere with, or is reasonably capably of prejudicing or interfering with fair trial of the matter or the judgment or sentence therein. Analysis of Rule 33 Rule 33 does not expressly forbid all extra judicial statements but frowns at extra judicial statements that are calculated to prejudice or interfere with, or are reasonably capable of prejudicing or interfering with fair trial of the matter or the judgement. My humble opinion is that counsel appearing on television to comment on a matter in court may in an attempt to protect the interest of his client make statements that are reasonably capable of prejudicing or interfering with fair trial. The limits of public commentary therefore is to determine at all times whether or not the comment on television or to the media is capable of prejudicing or interfering with fair trial In BELLO v AG LAGOS, 2007 the court of Appeal, Lagos Division held as follows “Comments on pending legal proceedings which purport to prejudge the issues which are to be tried by the court are intrinsically objectionable as constituting a usurpation of the proper function of the court (tribunal). This may be published or restrained as contempt irrespective of the effect or the likely effect on the particular proceedings in question. Anything in the nature of prejudging of a case or of specific issues is objectionable not only because of its possible effect on the particular case but also because of its side effects which may be far reaching. Trial by newspapers, television and other medium other than court is not only unacceptable but also objectionable.” Still on the limits of public commentary, other common law jurisdictions have made far reaching contributions in developing the jurisprudence on prejudicial information. In 1974, the Quebec court of Appeal in Canada ruled on the case of REGINA v CAROCCHIA in which the court held that “The truth of the published fact is not a defence against an accusation of contempt of court” Although the truth of a prejudicial statement will not save it, the press has the right to report fairly and accurately on both criminal and civil actions. In determining the limits of public commentary, the Canadian case of ONTARIO (RESIDENTIAL TENANCY COMMISSION) v TORONTO APARTMENT BUILDINGS CO (1983), the court found that where a lawyer had provided clarification to the press about a case, the lawyer was not in contempt as

he had not disclosed “nothing that was not in the court proceeding. Another Canadian case of BELLITTI v CANADIAN BROADCASTING CORP (1973) seems to summarise the limits of public commentary, when the ability of the press to report factually on court proceedings was reaffirmed. The court stated as follows: “Only when a publication or broadcast departs from factual reporting and expresses comments or opinions and those comments or opinions interfere with the administration of justice or prejudice a fair trial that the broadcast or publication will constitute contempt of court. Acceptable/Inappropriate Commentary There is certainly a thin line between acceptable commentary and inappropriate commentary. More often than not, counsel proceeds from the premise of standing within the bounds of acceptable commentary and without realising what he is saying he veers off to inappropriate commentary. Besides it is difficult for two lawyers on both sides of the adversarial contest to agree on issues for public consumption. What this means is that the journalists use their tools of trade to get lawyers to move out of the realm of acceptable commentary by interviewing them one after the other. In this context, public commentary becomes a marketing strategy of convincing your client and the general public that you are on top of your game and there is light afterwards at the end of the tunnel . Monitoring and Compliance Enforcement Rule 33, in my opinion is persistently and fragrantly abused because the NBA and its organs have not made it a serious issue worthy of its time. By this nonchalant attitude, counsel are indirectly emboldened to go ahead with inappropriate commentaries on matters that are sub judice. Before highlighting what the NBA can do, it is pertinent to state that the judiciary should also openly denounce this attitude of counsel. By denouncing same, Judges will be sending a message that counsel can be cited for contempt of court ex facie, if the opposing counsel or any officer of the NBA or legal practitioner as friend of court produces a video recording of counsel commenting on a matter that is sub judice. Based on such evidence, the court can proceed to sanction counsel as appropriate. The disciplinary committee of the NBA should step up its game in this regard. Unfortunately, I have seen members of the disciplinary committee indulging in this anomaly. However, I have also been present where a member of the disciplinary committee rejected all entreaties to

Criticisms of Judgments and Judges Tangentially and inextricably intertwined with the issue of inappropriate commentary is the growing attitude of lawyers criticising judgements and judges after judgements have been delivered. Though it is acceptable to scrutinise and analyse judgments without necessarily offending the rules of professional ethics, yet this must be done within the bounds of decency and decorum. In civilised climes, analysis of judgments are done in learned journals on not on pages of news papers. Secondly, the language, tone and mode of analysis must be courteous and respectful. In recent times, we have seen instances where senior lawyers impugn the integrity and scandalise judges just because they disagree with a particular court judgement. This must be condemned by the NBA. Lawyers are trained to appreciate the significance of accepting the judgements of court, appeal if appealable and respect the decision of the highest court of the land. To resort to name calling and profiling of judges because of a perceived unfavourable judgment is not a tribute to our judicial process. Due to the disparaging attack of senior lawyers on judgments and judges, nonlawyers have joined the bandwagon of inappropriate criticism of judges. Recently, President Obasanjo launched a stinging attack on Justice Mohammed Baba Idris of the Federal High Court after the judge ruled that details of spending of recovered stolen public funds under Obasanjo’s government between May 1999 and May 2007 should be widely published including on a dedicated website. The Justice Idris Judgment which followed a freedom of information suit brought by an anti-corruption NGO SocioEconomic right and accountability project (SERAP) also called for the publication of records of spending of recovered funds under the governments of President Umaru Musa Yar-Adua and President Goodluck Jonathan. Reacting to the judgement, Obasanjo reportedly made some despicable remarks about the judiciary and particularly Hon. Justice Mohammed Idris. This is totally unacceptable and the bar must speak up against this tirade against the judiciary Conclusion The body of senior Advocates of Nigeria must start the cleansing of the Augean stable from within. Members of this body are the chief culprits of inappropriate public commentary. Unless this body passes a resolution to desist from this despicable conduct, the juniors will assume that it is acceptable conduct. But more significantly, the Bench should also rise to the occasion and stamp its authority and imprimatur in ensuring that inappropriate public comments by lawyers and nonlawyers are subjected to judicial scrutiny and punished accordingly. Being the Text of a Paper Presented By Professor Epiphany Azinge OON, SAN, PHD at the Body of Senior Advocates’ Dinner on 13th July 2016.

02.08.2016

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THE WHITE COLLAR IDOWU OLOFINMOYIN

idowu.olofinmoyin@norfolk-partners.com

In Search of Our Philosopher Kings

“T

here was once a nation of poor farmers struggling under the weight of three seasons of drought. On all sides the country was flanked by bigger more politically stronger nations who saw their opportunity to absorb the productive nation into their own. After the first season the strong charismatic leader of the nation to the north, a brilliant military general proposed they join his nation. “You will have all the land of the North to farm, more territory than any other… as long as you surrender to my military” but they declined. After the second year the rich and affluent aristocrat king of the southern nation visited and proposed “Look, I am the richest man in my nation and my nation is the richest in all the lands, join us and you will also be the richest nation in all the lands… as long as you pay me all my taxes” but again, the farmers declined. After the third year the highly educated king of the West, and in the fourth year, the beautiful Queen of the East- they all came promising what they had to the small nation, as long as it would yield to them and their ways, but as always they declined. Then in the fifth year a man in a caravan and donkey came to their land. His caravan settled on a small piece of land and there the man began to grow plants of all kinds from the many seeds from all around the lands he carried in his caravan. This was the only food grown in the farmers’ nation for five years. Gradually, the man taught the nation of farmers how to grow in the droughtthey made him king and once more they were the greatest farming nation in all the land”. ~ A king for our land As Nigerians we are shrewd in our approach to life. With an infant mortality rate of 72.40 per 1000 children under 1 year of age and as a nation of 160 million, from early childhood we are well versed in struggle and competition. We demand the most we can get for every naira that comes out of our pocket. In our businesses we stretch and adapt in difficulty, at home we are a ‘nation of managers’ always preparing for the “rainy day” never wasting or taking any moment of electricity for granted. However ask yourself this- as demanding as we are of ourselves, our money, time and resources, do we apply the same scrutiny into our choice of those who control our money, our time and our resources? No, not your bank or your investor, or your accountant- your elected leaders. For instance, who is your elected Representative in your State House of Assembly? Or how can you demand accountability for the resources they receive on your behalf? For all our hard work and toil we demand little or nothing of those who

seek our mandate to lead us. In our pursuit of better lives, we often ignore or pay little attention to the choice of those who day in and day out make decisions that directly affect the attainment of that better life. No Democracy Without Informed Choice A large part of this off-the-cuff standard to which politicians are held to is due to a voter “apathy” which many Nigerians feel towards the electoral process, a lack of belief that anything can be done to influence the predetermined results. But this is exactly the attitude that allows the status quo to persist and enables a lack of accountability or fear of consequence when those elected to lead contest. The election of a democratic government is not simply organising a national voting exercise for a “popular election”. Democracy is premised on the people’s choice of their leaders, a choice that is free and fair, and a voluntary expression of will. But choice cannot exist without being informed, because a real choice can only be exercised in knowledge of what is chosen and its alternatives. Therefore in a democracy access to knowledge of those who seek to lead is as important as the “choice” of who leads. This is why along with the basic voter education functions of Independent National Electoral Commission (INEC) in the Constitution and section 2 of the Electoral Act there should be a responsibility to expose candidates

contesting to lead in government to the scrutiny of the electorate by organising events that make this possible. Requiring Higher Standards of Scrutiny Appearance, behaviour and speech are the three most basic forms of identifying and discerning a person’s motives. As we grow older we hone these skills, becoming adept at discerning motive and character to the point that we learn how to identify a person’s culture, education and affluence simply by looking at them. If we apply this basic standard to our daily associations and in our lives as a people how can it then be prudent to select the men and women who will determine our future without even first requiring that we examine them publicly under conditions that allow voters discern more about their political values and principles? Until Philosophers Are Kings… Returning to the lesson of our farmer nation and the discourse above, we see that leaders are a reflection of the priorities of those who choose them and a nation will allow leaders to emerge that represent its value system. Nigeria today is plagued will economic, sociocultural and political crises that, though far from being unique to us, persist as a result of a leadership crisis. In Plato’s Republic the ancient philosopher Socrates argues: “Until philosophers are kings, or the

kings and princes of this world have the spirit and power of philosophy, and political greatness and wisdom meet in one, and those commoner natures who pursue either to the exclusion of the other are compelled to stand aside, cities will never have rest from their evils”. The Philosopher Kings in our context are therefore those men and women who show themselves to have values that prioritise the investigation of truths and principles of knowledge or conduct- in short those who are given to exercising not just education but learning in the issues that are important to us as Nigerians. They are the people who desire the greater good for our country and who possess the knowledge and skill to achieve it at the expense of selfish interest and at the cost of self-sacrifice. Still we must ask ourselves whether our current electoral process is compatible with identifying the men and women with these qualities and if not how do we begin to change it to do so. How do we reprioritise our politics in a way that what we look for in our leaders are proven records of integrity, knowledge and skill rather than political alliance, wealth and the right connections? If we are true to ourselves we can begin to make the changes in our electoral processes that enable us to identify those who have the vision and the temperament to solve the problems we face today. If we are not, we can continue to expect nothing but more of the same, leaders with problems rather than solutions.

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02.08.2016

Passing the Burden of Legal Fees to the Other Side - A Recoverable Cost? Folabi Kuti

t is often the practice to make out the statement (or, particulars) of claim in civil suits with a head of claim seeking to recover, in addition to other heads of claim, a claim for solicitor’s fees; often couched as ‘legal fees’ or ‘costs for instituting and maintaining the action’. It appears fairly straight forward: the claimant is seeking, in addition to the reliefs for which he has brought an action to be ‘made whole’, for engaging the services of a lawyer, and for incurring ancillary expenses for instituting or filing a court action. The English rule, which instructively goes through constant reforms, generally provides that the party who loses in court pays the other party's attorney's fees, and the jurisprudential basis is not too farfetched. In apportioning costs associated with a particular decision to the loser, it indemnifies the successful party for the costs he has undertaken in prosecuting/defending the action, whilst also discouraging frivolous or questionable litigation. Amazingly, the strand of the decisions around here, seems not to have been made in a consistent manner as to necessarily suggest that same is or is not a recoverable cost. It appears to have started from the decision of the Court of Appeal in IHEKWOABA v A.C.B LTD. [1998] 10 NWLR [Pt. 571] 590 at 610-611 when the Court refused a claim for solicitor’s fees on the understandably plausible ground (disclosed by the peculiar fact-circumstance of that decision) that ‘there is no system of costs taxation to get a realistic figure’. Costs assessed for legal fees are, by the provisions of the rules of court, subject to tax, and the refusal of the claim here was hinged on a deficient or near-absent costs taxing system. Shortly thereafter, one of the issues that came up for consideration in GUINNESS NIG. PLC. v EMMANUEL NWOKE [2000] 15 NWLR [Pt. 689] 135 (yet another decision of the Court of Appeal) was whether the respondent can validly claim his solicitor’s fee from the appellant. The Court of Appeal upheld the trial court’s dismissal of the claim for solicitor’s fee, noting, in addition to the main reason for refusing same, that it is “unethical and an affront to public policy to pass on the burden of solicitor’s fee to the other party”. Curiously, even in the light of the novelty of such a proposition, the Court did not as much as offer an explanation as to how a claim for Solicitor’s fee smacks of an immoral request and/or runs contrary to public policy considerations. Each case must however turn on its own set of facts to rationalise the reason for the decision reached, and thus the Court of Appeal tried to explain, albeit without much success, in SPDC v OKONEDO [2008] 9 NWLR [Pt. 1091] p. 85 the distinguishing reason for holding the hirer of legal services to the expense of his ‘bargain’ in Guinness’ case. The Court of Appeal offered that the claim for solicitor’s fee was not allowed because the respondent claimed (and indeed, ‘proved’) as ‘special damages’ his solicitor’s fee which stood at ‘a staggering sum of N 500,000.00 and which arose after the cause of action had arisen.’ With respect to the Court, it is not out of the ordinary to have a litigant, in the normal chain of events, engage a lawyer after the set of facts donating a right to bring an action has arisen. And, again with respect, it beats the imagination how this could

make for disallowing an attendant solicitor’s fee incurred thereon. Roundabout the time of this decision, the Supreme Court had an opportunity to consider a similar request in CHRISTOPHER NWANJI v COASTAL SERVICES (NIG.) LTD. [2004] 11 NWLR [Pt. 885] 552 at 569, C-D. The Respondent in Nwanji’s case had asked the apex Court to discountenance the position in Ihekwoaba’s on the ground that the Court’s pronouncement there was made in passing. Uwaifo JSC, who, earlier as Justice of the Court of Appeal, was incidentally in the lead in Ihekwoaba’s, reiterated that the observation as to the difficulty in getting a realistic figure as damages attendant upon a properly assessed solicitor’s fees was a major part of the decision and remains a valid position. From this writer’s limited research, the apex Court has since not pronounced otherwise – even as there was an earlier decision in the 1960s when indeed the self-same apex Court, per Ademola CJF, hinted at costs being recoverable for engaging a Queen’s Counsel where there is no local expertise available in that specialised area of law (REWANE v OKOTIE-EBOH [1960] 1 NSCC 135). But that, for the moment, appears a digression. All considered, the question whether a claim for solicitor’s fee is recoverable still does not lend itself to an easy answer. The law as it has been interpreted till date, reveals two sets of positions on the point. On both strands, a claim for solicitor’s fee from the unsuccessful party is contextually put as an ‘unusual claim...difficult to accept in this country’, IHEKWOBA v ACB, followed by the apex court’s decision in 2003 (and which decision in Nwanji’s has not been overruled or set aside by the self-same Supreme Court) appears to suggest that where such assessed costs are properly taxed, pleaded and proved as special damages, same will be allowed. The Supreme Court being at the pinnacle of judicial decisions, it is safe to simply conclude here that those are the criteria that must be

crossed to avail such a claim; unless the apex Court pronounces otherwise at another opportune time. But that is not all on the subject. The Moral Fibre? The claim for solicitor’s fee was refused in Guinness on twin-grounds of the claim not arising from the transaction between the parties, and that same was unethical and an affront to public policy. For some reason, how such a claim runs against ethics and public policy considerations was not expatiated upon. This appears a major pitfall in the case which, by the hallowed principle of stare decisis, many a decision from the High Court still had to follow devotedly, in dismissing a claim for solicitor’s fee. In SPDC v OKONEDO (supra) an award of special damages for solicitor’s fee was allowed, with respect, on the slightly blurred line that what was claimed was for specific expense incurred in engaging a solicitor to have a brewing dispute otherwise settled out of court and such same will not constitute an immoral claim. In INTERNATIONAL OFFSHORE CONSTRUCTION LTD & 3 ORS. v SHORELINE LIFTBOATS NIG. LTD [2003] 16 NWLR [Pt. 845] p. 157 the award made as damages for engaging solicitor’s services was affirmed by the Court of Appeal on the ground that unchallenged evidence was led in its proof. Guinness was not considered, so understandably the moral question was kept for another time. In LONESTAR DRILLING NIG. LTD v NEW GENESIS EXECUTIVE SECURITY LTD [2011] LPELR – 4437 CA there was a claim for costs incurred in engaging a solicitor to prosecute a substantive claim initiated under the Undefended List procedure. The Court of Appeal, in affirming the lower Court’s position that the claimant did not prove the claim as necessary expenses, accepted nonetheless that costs, pleaded and proved as special damages, may be awarded for securing legal representation, and, for the litigant’s “time and effort in coming to court.” The cost-shifting principle also fell for animated discussion in the Court

of Appeal decision in NAUDE v SIMON [2014] ALL FWLR [Pt. 753] CA 1878. The Court, per AkomolafeWilson JCA reviewed the earlier decisions of the court on the same, inevitably drawing a close thus: “Having regard to the above recent cases, it is no more in doubt that damages for cost, which includes solicitor’s fees and out of pocket expenses, if reasonably incurred are usually paid by courts if properly pleaded and proved. In short, the decision of this honourable court in the cited cases Ihekwoaba v. A.C.B. Ltd and Guinness (Nig.) Plc v. Nwoke where this court held that the payment of solicitor’s fees as damages is not supported in this country does not represent the present state of the mind of the courts in this country. In more recent times, it is common for solicitors to include their fees for prosecution of cases and pass same to the other party as part of claims for damages, which have been awarded by the courts once the claims are proved.” Commendably enough, the position in these later decisions of the Court of Appeal appear to make passage for recovery of solicitor’s fee. However, it is pertinent to mention that the quoted portion of His Lordship’s erudition on the point, appears to suggest that the position of the Court taken in IHEKWOABA v A.C.B. LTD, as endorsed by the apex Court in Nwanji, and which has not been upturned by the apex court is no longer the law. As emphasized above, there are prescriptions in Nwanji’s which, unless upturned by the apex Court, remain the law to satisfy for a successful outcome on a claim for recovery of professional fees. The real issue, in view of the peculiarity of ‘pleading and proving costs’ to make for a successful claim on same is to develop our costs taxation systems/ process. Guinness, happily, it can be safely argued, does not represent the position of the law anymore, if it ever was. Except passing the burden of solicitor’s fee to the other side is, with respect, being mistaken for the public policy prohibition against ‘maintenance’ which Lord Loughborough explained in the English case of WALLIS v DUKE OF PORTLAND 3 VES. Jun. 494 at 502 in these terms: ‘parties shall not by their countenance aid the prosecution of suits of any kind; [because] every person must bring [his action or suit] upon his own bottom, and at his own expense’. Making an unsuccessful party pay the litigation costs of the successful party will not run against the thread of ethical concerns. It may be argued that it will discourage actions, but the wicket in response is that the award of costs is not offered at the mere asking but as ‘regulated’ within the discretion of the court, subject to its being pleaded as special damages and proven. Commendably enough, the High Court Rules of Lagos State (2012) has made a pioneering move in providing beyond a bareknuckle statement, that costs follow events. It specifies expressly in Order 49 1(1) (a) that such costs shall include ‘legal representation’. That puts it beyond cavil, and the other rules of court may want to consider adopting such express provision. Costs should follow events, in every sense of that aphorism. Folabi Kuti is a Partner in the commercial law firm of Perchstone & Graeys.

T H I S D AY • TUESDAY, AUGUST 2, 2016

BUSINESSWORLD

INDUSTRY

BOI’s Sundry MOUs In recent times, the Bank of Industry has signed a number of business agreements with various ministries and organisations. Crusoe Osagie reviews these pacts to ascertain how many of them are underway As Nigeria wallows in its worst economic mess in over 30 years, all pundits have pointed in one direction only for the giant African nation’s redemption and that is diversification of the economy from hydrocarbon to agriculture and manufacturing. With a capital base of over N250billion, a vision to be Africa’s leading Development Finance Institution operating under global best practices and a mission to transform Nigeria’s industrial sector by providing financial and business support services to enterprises, the Bank of Industry (BOI), occupies a strategic position in the nation’s quest to reinvent its economy for survival. The country’s earnings from crude oil have continued to decline with the rising militancy in the Niger Delta and the slump in the price of crude in the global market. After half of the year 2016, the federal government last week, announced that it had received 50 per cent less revenue than it expected to have raised, indicating that the dependence on inflow from hydrocarbon is no longer a guaranteed means of funding the economy. All these underscore the urgent need to quickly empower the real sector and make it a major driver of the economy, a task which will see the BOI assume much greater responsibility than it has ever did since it was set up in 1964. This new reality therefore makes it necessary to review the operation of BOI, particularly all the agreements signed between the development finance institution and other public and private sector bodies for the purpose of energising the productive arm of the economy. BOI Arrangement with Kano The bank co-launched a N2billion Micro Small and Medium Enterprises (MSME) Development Fund with the government of Kano State. The arrangement with Kano State brought the volume of micro small and medium enterprises (MSMEs) funds being managed on behalf of 18 state governments to N19.3billion. The scheme, which was targeted, mainly, at the development of existing and new MSME in the state was expected to create new jobs and economic empowerment. Under the Memorandum of Understanding (MOU), the BOI and the Kano State Government resolved to jointly contribute the sum of N1billion each for on-lending to mainly businesses that have high employment generating potentials and value addition to local raw materials. Speaking on the state’s decision to fund the scheme during the signing of the MOU in Kano, the state governor at the time, Dr. Rabiu Kwankwaso, declared that his government was determined to encourage the promotion of entrepreneurship and the growth of MSMEs especially those engaged in the processing of agricultural and solid mineral resources as well as manufacturing. The Governor had assured the bank’s management and citizens of the state that his administration would facilitate loans to entrepreneurs wishing to access such facility in the state especially graduates of the 23 institutes established by the state government to train and sharpen the skills of budding entrepreneurs in various vocations through well-structured capacity building programmes. The BOI promised to help harness all efforts to ensure that more successes were recorded along the tomato value chain. The bank said it was determined to work closely with the 37 newly established micro finance banks in Kano towards supporting MSMEs, adding that it was also ready to work with the government and people of Kano State to harness the state’s huge agricultural potentials especially in the area of vegetable and leather. Dangote, BoI sign N5bn for MSMEs Dangote Foundation and Bank of Industry, BoI, also entered into a Memorandum of

Industry Minister, Okechukwu Enelamah Understanding, MoU, to set up a micro, small and medium enterprises (MSMEs) with N5billion initial fund to create not less than one million direct jobs. Chairman, Dangote Foundation, Aliko Dangote, said the fund, which is being distributed to operators of small scale businesses across the country is expected to grow to N20billion as it gains momentum. According to him, “Dangote Foundation is committed to initiating policies and executing programmes and projects aimed at creating jobs and poverty alleviation in Nigeria. As an organisation, we have it as a matter of policy, to give back to the society where we operate. “To demonstrate our commitment to these goals, we have invited you here today to witness the signing of the Memorandum of Understanding, MoU, between Dangote Foundation and the Bank of Industry, Bol, to set up a micro, small and medium enterprises, MSMEs, Fund. The first tranche of this fund is N5 billion. We expect the fund to grow to N20 billion when it gains momentum. “In our MoU with BoI, Dangote Foundation will commit N2.5 billion to the Fund, while BoI will also contribute a matching fund of N2.5 billion, thus creating a total fund of N5 billion to launch the Fund, which shall be used for lending to identified groups in the informal sector of the economy in the six geo-political zones in the country as take off or working capital to support their businesses. The first phase of the project is expected to impact directly on up to 13,000 registered groups in the entire country. Each group shall have an average of 20 entrepreneurs, thus impacting the lives of up to 250,000 micro-entrepreneurs, through job creation, spreading across all six geopolitical zones in Nigeria. These microenterprises shall include but not be limited to cassava processors, aluminium artisans, poultry farmers, calabash carving groups, small traders, cattle rearing groups, vegetable sellers, market women, artisan groups etc. According to our agreement, BOI shall be the implementing partner with responsibility for appraising loan applications, disbursing loans and managing recoveries. It is important to stress that the size of the loan to be granted to each beneficiary,

Olagunju at zero interest, from our end, will vary based on the needs of the beneficiaries. However, for the purpose of this scheme, the DF-BOI Fund shall be utilised for the following activities: term loans, working capital loans, leasing of industrial/business equipment and trading and allied businesses. In line with our MOU, also, both partners shall put in place control measures to ensure that the businesses to be financed are viable, sustainable and profitable, while sourcing and identification of projects would be a shared responsibility. As for BOI, the partnership for entrepreneurial and economic development idea “is to create entrepreneurs for the well-being of average Nigerian. BOI and the Niger Delta The troubled Niger Delta region with its people plagued by poverty also entered into investment arrangement with BOI to assist states in the Niger Delta area with aquatic resources to efficiently convert their comparative advantages into competitive advantage through the establishment of aquatic industrial parks and introduction of innovative agro-technologies, among others. AFDB, BOI and NEXIM Bank The African Development Bank (AfDB) signed two agreements for the provision of two sovereign-guaranteed multi-tranche Lines of Credits (LOCs) with the Bank of Industry (BOI) and the Nigerian Export-Import Bank (NEXIM). Under the programme that is designed to support export-oriented small and medium enterprises, boost job creation and diversify Nigeria’s economy, a $500million Line of Credit was approved for the Bank of Industry while a $200million Line of Credit was extended to the Nigerian Export-Import Bank. The two Lines of Credit include technical assistance packages to strengthen institutional capacity at both BOI and NEXIM as well as at their SME customers. The facilities are meant to support the establishment, modernisation and expansion of export-oriented small and medium enterprises’ (SMEs) that have high employment generation potentials.

The lines of credit would also allow SME beneficiaries to be more competitive, scale up their operations and ultimately create more jobs in Nigeria. The combined program will contribute to mobilise significant financial resources for Nigerian export-oriented SMEs, ultimately contributing to economic development, employment opportunities, foreign exchange and regional trade integration. BOI Funds Nollywood Also, the BOI established a N1bn fund for Nigerian film makers. This is different from funds earlier initiated by the federal government, being an initiative of the financial institution. According to the bank, the special project tagged, ‘BOI NollyFund,’ will offer Nigerian film makers the opportunity to receive financial support to produce quality films and screen them through various platforms of movie distribution available, both in Nigeria and abroad. “The NollyFund has an initial programme limit of N1.0bn and a single obligor limit of N50m for individual loans. The fund can be accessed by companies engaged in film production. “Applicants are expected to provide commercially viable scripts and demonstrate a track record of successful movie productions. The producer is expected to sign up a reputable distributor who would issue a minimum guarantee and provide cash deposit of five per cent of the loan amount. “A minimum guarantee is a cash advance payable to the producer by the distributor in exchange for the exclusive rights to distribute a film in contractually-stipulated media in agreed sales territory. “This is similar to the internationally accepted loan structures for movie production and will definitely provide a great boost to Nigeria’s Nollywood.” It adds that to ensure the integrity of the process, the bank has set up a NollyFund Implementation Advisory Group made up of, among others, two cinema management experts, one national film distributor, two production and post-production experts, and two film producers. Said to have been accredited are Continued on page 26

T H I S D AY • TUESDAY, AUGUST 2, 2016

BUSINESSWORLD

INDUSTRY BOI’S SUNDRY MOUS

the G-Media, Filmone Distribution Company, Silverbird Distribution Company, Genesis Deluxe Distribution Company, Fans Connect Online Nigeria Limited, Kingsley Ogoro Productions Limited and 4Screams International Nigeria Limited. BOI and Abia govt Recently, Abia State Government signed a MoU, with the BOI, for the marching funds for SMEs in the state. Under the agreement, the Bank of Industry is to provide N1billion in Small and Medium Enterprises development fund. In his remarks, shortly after signing the MoU, last week at the Government House, Umuahia, the acting Managing Director of the bank, Mr. Waheed Olagunji, explained that the MoU was designed to lend resources to genuine entrepreneurs in the state, especially in agriculture and other areas. According to him, SMEs are the major creators of jobs, pointing out that the implementation of the MoU would go side by side with capacity building. He however, advised the potential beneficiaries to pay back the funds and pledged to work with the state government to realise the industrial potentials of the state. BoI Partners Ecobank The BoI and Ecobank Transnational Incorporated (ETI), also signed a memorandum of understanding on promoting financial inclusion. The partnership between the two banks is a roll out of an Africa-wide financial inclusion programme, initiated by Ecobank, to address lack of inclusive growth on the continent, which has resulted in lingering poverty and unemployment Relying on BOI’s reputation as the best development finance institution in Nigeria, and seeing the country as an important market to execute the programme, Ecobank decided to partner with the Bank of Industry on the project in Nigeria. During the signing ceremony at BOI’s headquarters in Lagos on Monday, the management of both banks said that they believe the initiative would give MSMEs in Nigeria and Africa some appreciable mileage. $100m Local Content Deal The Nigerian Content Development and Monitoring Board (NCDMB) and the Bank of Industry (BoI) signed a Memorandum of Understanding (MoU) on the utilisation of the $100 million Nigerian Content Intervention Fund (NCI Fund) to be managed by the bank. The NCI Fund is a pool made available by the NCDMB to meet the funding needs of manufacturers, service providers and other key players in the Nigeria’s oil and gas industry. In line with Section 104 of the Nigerian Oil and Gas Content Development (NOGICD) Act of 2010, operators in the oil and gas industry contribute one per cent of the value of every contract in the upstream sector into the Nigerian Content Development Fund (NCDF) from which the NCI Fund was created. Speaking at the MoU signing ceremony in Lagos, the acting Executive Secretary of the NCDMB, Mr. Patrick Obah, said the $100 million fund was motivated “by the desire to re-engineer the operations of the NCDF; increase access and grow indigenous participation in

the oil and gas industry. “The fund shall be utilised to finance existing and intending manufacturers, oil and gas service companies and original equipment manufacturers (OEM) in the Nigerian oil and gas industry,” he added. He identified areas of utilisation of the fund to include fixed assets; working capital, leasing of industrial and business equipment and marine vessels. According to Obah, intending features of the fund include single interest rate of eight per cent; tenor range of one to 10 years, moratorium maximum of 12 months from the date of loan disbursement and speedy processing. “Intending beneficiaries who have previously executed contracts in the industry must be up-to-date with the remittances to the NCDF). BoI will obtain this confirmation from the NCDMB before any application can be successful,” Obah explained. The NCDMB boss added that the BoI would serve as the custodian and manager of the fund, stressing that the fund would be accessible to eligible players at the given single interest rate. Obah said the collaboration of his agency and the BoI was based on the bank’s expertise and specialisation as a developmental bank created to speed up the industrialisation of the Nigerian economy. Olagunju, said his bank had the capacity to successfully manage the fund. “Our mission is to transform Nigeria’s industrial sector. We are not adding much value in the oil and gas industry as other OPEC countries. But today, we will begin to promote industrial projects in areas covered by the mandate of the NCDMB. We are glad that this collaboration is taking place,” Olagunju added.

Are the MOUs Productive? With the varied agreements and partnerships entered into between BOI and varied organisations, many industry watchers have submitted different views in respect of the purposefulness and effectiveness of these agreements. While some say a lot of progress is being made by the bank through the initiatives, others are not quite impressed with the progress so far made by the bank. Small Scale Manufacturer of packaging materials and Managing Director of Cradle Peak Nigeria limited, Mr. Ikponmwosa Obano, noted that although his company is yet to succeed in receiving funding from the national development finance institution, he believed that its partnership were currently driving productivity with a lot of potential as well. He said the documentation and other administrative requirements needed to receive funding from the various initiatives were major setbacks, stressing that small operators like him, cannot afford to pay the kinds of consultants with the skills to guide them towards successfully benefiting from these schemes. Other operators however outrightly dismissed the initiatives of the bank, describing them as mere window-dressing and designed for only a select and privileged few. According to an operator who did not want to be named, the bank seemed satisfied with cartering for only high net worth individuals and people with significant political capital, stressing that most of the programmes of the institution could largely be accessed with backing and recommendation for bigwigs. The operator also stressed that there were too many rules that must be fulfilled to get funding such as: That your business should

have capacity to substantially add to industrial output; Projects that use largely domestic raw materials; Industry in which Nigeria’s comparative advantages could be converted to competitive ones; Ability to promote the expansion of exports through the production of high quality products that are attractive to domestic and export markets. There is also the requirement that the venture should be a niche projects that produce for worldwide consumption and also that projects should create both forward and backwards linkages, with the rest of the domestic or regional economy, among several others. He noted that these many rules only provided cover for the bank as it uses its discretion to approve or reject funding applications as it wishes. Also, a financial analyst said “between 2013 and now, the BOI has signed assorted MoUs with other organisations, but these business agreements have not yielded the desired results. He said: In recent times, hardly a week passes without the news media reporting the signing of memorandum of understanding (MoU) between the BOI and a commercial bank or between the bank and a federal government ministry, department, agency, a state or one organisation or the other. My worry is that these assorted MoUs are often mere wishes that cannot be achieved, given that they usually do not exceed paper signing. “All you see on the pages of newspapers and in the televisions are all sorts of agreements singing, but you will never hear or see such projects come to fruition. What happened to the N4.3billion cassava bread initiative; what of the MoU on job creation, how many jobs have been created. These MoUs can be likened to what we see in the power sector. They don’t usually exceed paper signing.”

Enugu Disco Raises the Alarm over Activities of Road Contractors Threatens to discontinue power supply to Imo State Ejiofor Alike The Enugu Electricity Distribution Company (EEDC) has raised the alarm over the activities of road contractors in Imo State, who relocate the company’s electricity installations - substations, electric poles and lines, without observing due process or liaising with the company. The company has also threatened to discontinue electricity supply to the entire Imo State if these activities of contractors are not stopped. EEDC acknowledged that as a responsible corporate citizen, it is committed to supporting

developmental activities of its host communities such as road construction, road expansion, and drainage construction. The company however added that the activities of the contractors are risky, unethical, and a threat to members of the public who are exposed to possible electrocution. Enugu Disco’s spokesman, Mr. Emeka Ezeh said in a statement at the weekend that in most cases, the activities of these contractors had affected existing electricity distribution networks, as they involved relocation of poles, cables, injection substations/ transformers to allow the

contractors effectively carry out their work. Ezeh insisted that the relocation must not be executed without proper approval and involvement of relevant authorities. “As the Distribution Company responsible for the South East States, the relocation of the aforementioned infrastructures within any of the states must not be embarked on without proper approval and involvement of the Enugu Electricity Distribution Company. However, contrary to this, we have experienced situations where transformers, electric poles and other equipment belonging to

EEDC within Imo State are being relocated without proper consultation and approval by contractors carrying out road expansion exercise. This has resulted to destruction of our equipment, thereby exposing us to significant revenue loss as our customers are subjected to non supply of electricity,” Ezeh explained. “It is therefore important to bring to the fore, the very high risk to safety of lives and property posed by this rampant activity of these contractors. As a result of this act of compromise, members of the public are exposed to electrocution due to exposed

damaged electric lines and equipment; and this could result in avoidable liability for our organization and we are not disposed to any of such liability,” he added. According to him, conscious effort has been made by EEDC to forestall this risky act without the desired cooperation of these contractors as well as the State agencies. Ezeh said it was to this end that EEDC resolved, in the interest of safety of lives, to isolate the feeders and substations within these construction areas. “Where this continues, in the interest of public safety,

we shall have no option but to discontinue power supply to the entire Imo State,” Ezeh added. “EEDC is always ready to partner with any community within its operation area to bring development to its people, while adhering to laid down safety procedures. We hereby wish to appeal to both State and Local Governments within the South Eastern State to ensure that due approval of EEDC as well as other relevant authorities are obtained before embarking on relocation of any electricity infrastructure within their respective locality,” he explained.

T H I S D AY • TUESDAY, AUGUST 2, 2016

BUSINESSWORLD

INDUSTRY

FG Unveils Strategy for Food Security, Vitamin A Cassava Farmers get 10,000 biofortified cassava stems Crusoe Osagie Minister of Agriculture and Rural Development, Chief Audu Ogbe, has disclosed the plan the federal government is implementing to ensure that food is available for every Nigerian all year round, especially during dry seasons. He said that government has planned to dam some rivers and streams to encourage dry season farming and aquaculture as well as the establishment of cassava flour mills equipped with flash dryers to process high-quality

odourlous cassava for domestic consumption and for export. Ogbe, who was represented by the coordinating director of the Nigeria Agriculture Quarantine Service, Dr. Vincent Isegbe, said this at the flag off of the youth engagement and enterprise development along cassava value chain and distribution of vitamin A cassava stems to farmers in Otukpo Benue State on Friday. Noting that there was need to explore opportunities in the cassava value chain, he said, “We are working with the Angelina

Ogbole Memorial Foundation, which is collaborating with HarvestPlus International to ensure the incorporation of essential micronutrients such as vitamin A, zinc and iron in our staple food crops.” He said that the call by President Muhammadu Buhari’s administration for people to go into farming is real and the ideal way to follow, as the slide in crude oil prices posed challenges in government’s drive to address poverty and unemployment. “There is need for people to

go into farming as a means of solving the growing problem of poverty and unemployment. Gone are the days where white collar jobs are readily available. “One thing is certain, which is that we must deliberately position ourselves to participate actively in the Federal Government’s determination to make agriculture the mainstay of our economy. The Idoma people are known for their prowess in farming, a practice that has served as a veritable means of sustaining families over the years.”

He added: “The Buhari-led government under the change mantra is exploring all avenues to ensure that food is available for every Nigerian all year round at very cheap and affordable prices. It is my belief that the dream will become a reality if everyone gathered today can utilise the vitamin A cassava stems that would be distributed. “With your support and participation, you can be assured that in no time, Idoma land and by extension, Benue State in general, will not only maintain and sustain its position as the food basket of the nation, but will also carve a niche for itself as the cassava hub of the nation. This can be done if we take agriculture as a business, by incorporating good land clearing, use of improved certified seeds and seedlings and other Agro inputs. I therefore encourage you to form corporative societies so as to cultivate more lands, secure agricultural loans and government patronage. As a corporative, you can speak and be heard. “Furthermore, it is my

pleasure to inform you that some streams and rivers will be dammed to encourage dry season farming and aquaculture. Cassava flour mills will be established using flash dryers to process cassava into high-quality odourless cassava flour that can be exported. The Country Manager, HarvestPlus, Paul Ilona, said that the plan for the exercise was to reach 10,000 farmers, who would get bundles of stems for their farms, adding that the organisation was working with partners to see that vitamin A cassava reaches considerable households in the state. He said: “If you want to build a nation, you must start with nutrition. Iodine, for example, is one of the primary drivers of intelligence quotient. Federal government directed that Iodine be added to salt so that it would get to everyone. In the same vain, we are committed to get people to get essential nutrients such as vitamin A, zinc and iron. “Aside the stems, farmers would also get training on how to process cassava into 25 different products.”

FG Sets Conditions for Foreign Investors in Environmental Management Crusoe Osagie with agency report

BOOSTING THE PRIVATE SECTOR

L-R: Managing Director, ENGEE PET Ltd, Mr. Narendra Chulani; Commissioner for Special Duties, Ogun state, Mr. Leke Adewolu; Director, ENGEE PET, Mr. Taslim Animashaun and Commissioner for Commerce and industry, Ogun State, Mr. Bimbo Ashiru, during the breakfast meeting between the Ogun State Governor and players in the private sector, organised by the Ministry of Commerce and industry, Ogun State, at the Government House, Oke Igbein, Abeokuta...recently

FG to Launch Graduate Farmer Yudala to Reward 300,000 Initiative in 12 River Basins Customers with Zero Gravity Yekini Jimoh in Lokoja The federal government is set to launch a graduate farmer initiative in 12 River Basins in the country as 50 graduates are expected to be trained per river basin in varied areas of agricultural production. The Minister of Water Resources, Mr. Suleiman Adamu, disclosed this in Lokoja, during a courtesy visit on Kogi State governor, Alhaji Yahaya Bello. The minister noted that one of the quickest ways to support the policy thrust of agriculture in this administration was to support revitalisation of River Basins, an issue which according to him has been discussed exhaustively in various Federal Executive Council meetings. He said the council has come up with the initiative to make agriculture very attractive to teeming unemployed graduates in the country and integrate them into agric businesses. Adamu said the ministry of water resources had this year taken some practical steps to revive the River Basin by signing Memorandum of Understanding(MoU) with the Songhai farm based in Benin Republic for cross

fertilisation of ideas on river basin operations. He noted that the historical importance of the state and confluence of rivers Niger and Benue in Lokoja has made it strategic to the economic diversification drive of the present administration. “Our main mission to Kogi state is to launch our programme on Graduate Agriculture Scheme which was initiated by this administration to support the new initiative towards food security and self-sustenance in this country “One of the major drivers of this new push of Buhari’s administration is to support agriculture to diversify our economy from total dependence on oil through the various River Basin Authorities that we have, which among them are quite a number of large dams that support irrigation and even small hydro schemes that have been underutilized for many years”, he said. The minister who will be visiting the major dams in the state disclosed that some modalities and criteria have been designed to select graduates-participants, reiterating that the scheme would be a continuous one as graduates will be trained in batches.

Emma Okonji Yudala.com, Nigeria’s largest online and offline retail chain, has promised to reach at least one hundred thousand loyal customers in each of the three cities selected for its first anniversary, with digital music like never before, tagged Yudala Zero Gravity. Yudala’s Chief Executive Officer, Mr. Dave Ibelegbu, made the disclosure in Lagos recently, during a press briefing to mark the commencement of the anniversary. He said that three cities, Lagos, Abuja, and Enugu were chosen for this year’s event, adding that other cities like Kano, Port Harcourt, will be chosen in subsequent edition of the programme. “We are considering three cities for this year anniversary and these cities include Lagos, Abuja and Enugu. We want to look at the city that gives us the biggest customers. In every city, there is going to be two shows, that is, the digital music like no other,” Ibelegbu said. He added: “We see press as a key partner in disseminating information about our programmes. Yudala zero gravity is a way to of getting back to our customers. We are looking at customers’ purchases

from the beginning of the year and this will form the basic qualification for the show, and there is going to be a car to be won at the grand finale of the programme.” Yudala Marketing Communications Manager, Mr. Afam Anyika, said the company made public its plans to celebrate customers whose patronage have gone a long way in making its first anniversary a huge success by instituting an annual multi-city digital entertainment concert like never before through Yudala Zero Gravity. According to him, “Yudala Zero Gravity will feature headline acts and the best artistes from the genres of contemporary music and Rock Gospel from Nigeria and beyond. Each city will host two concerts: a Rock Gospel concert and Contemporary Music blast.” Founder/Vice President, Yudala, Prince Nnamdi Ekeh said: “For every purchase made from any of our platforms from August 1st, shoppers will earn points and once they reach the purchase threshold for attendance, a notification will be sent informing them of this development. The customer will then get a chance to select his or her preferred city or cities of attendance.”

The Minister of Science and Technology, Mr. Ogbonnaya Onu, has said thaat foreign investors willing to invest in environmental and fuel related activities management in the country must be ready to carry out their research and transfer that technology to Nigerians. The minister stated this while receiving the Chairman of an Israeli company DOR Chemical, Gil Danker in his office in Abuja. Such collaboration, he said, will help tap the rich and abundant natural gas resources in the country by producing methanol, produce fuel and diesel for the transport sector, protect our environment and grow the economy. “The biochemical would be very helpful in this respect, they would do research, they would produce in Nigeria, they would be able to transfer technology to our nation because what they are bringing is something new. “They want to help Nigeria move in the direction that other developing countries are moving, start diversifying the source of their fuel. Many developing countries now get their fuel from methanol we should also key- in because one is cheaper, it would help us to create jobs and protect our environment” The minister said. According to Onu: “Nigeria has a lot to benefit by moving from resource based economy to innovation based base economy which is technologically driven, we cannot continue to rely on just commodities and primary products for our economy. “We must add value to what we have and we also must close all technology

gaps in the country, we are the largest economy in Africa we have the largest population in Africa, we should become more self-reliant, we must, as nation start producing the things that we need.” He however explained that the ministry is ready to welcome any investor that is ready to come to our country and help our economy. In a remark, the Chairman of Dor Chemicals, Gil Danker, stated that their main product is methanol, which is produced from natural gas and is a basic product from which one can produce a lot of different products. According to him, “In this world there are different products which were made of methanol, however methanol is a source for world clean energy both for transportation and can also be used for electricity generation.” “You country has lot natural gas out of which you can produce methanol which is liquid which is much easier to store and transport , we see a huge potential for this economy.” Gil Danker noted that “Methanol economy in Nigeria can reduce the cost of energy because methanol is cheaper than gasoline and diesel, it can improve the environment and create a lot of jobs in Nigeria”. Methanol is mainly produced from Natural gas, and can also be produced from coal, Biomass and Carbon dioxide emissions. “The use of methanol offers significant environmental benefits due to the reduced gaseous emissions to the atmosphere. It can used as fuel substitute in the internal combustion engines.” he said.

T H I S D AY â&#x20AC;˘ TUESDAY, AUGUST 2, 2016

BUSINESSWORLD

SMALL BUSSINESS SOLUTIONS

Investing in Woven Sacks Production Uba Godwin The National Bureau of Statistics (NBS) released the inflation figure for May 2016 on June 18. The Economic Intelligence Group forecasts headline inflation rate (year-on-year) rose to 14.7% in May 2016 from 13.7% recorded in April 2016. The inflation rate has been on an increase since 2015. The upward momentum in headline inflation in May reflected increases in both foods and core consumables. With a 51.8% weighting in the inflation basket, the food component has been responsible for a sizeable amount of overall price pressure. Specifically, increases in the prices of cereals, fruit, meat, fish, dairy, tubers, tomatoes, and vegetables are the main culprits behind the acceleration The review of petrol pump price is likely to have mounted further pressure on May inflation numbers, driven by the transport component and the electricity, gas and other fuels components, which together contribute 23.2% to the CPI weighting. Continued weakness in the Naira, following the announcement of the deregulation of the downstream petroleum sector has also placed significant pressure on the inflation rate. This will have filtered into consumer prices as some firms may have sourced scarce foreign exchange (FX) from the parallel (black) market to import intermediate goods to maintain operations. The regulation of foreign exchange market by Central bank of Nigeria, which saw Naira depreciating further against other major currencies with dollar exchanging for N358 to a Dollar is a an indication that Nigerian economy is due for reformation. Nigeria must change to a producing nation rather than its massive consuming status at present. We must invest into Agriculture, small and medium scale manufacturing industries; diversify into other solid minerals and technology. Packaging is one of the requirements in

is assumed, therefore there should adequate arrangement for power generating set and other alternatives to power.. 450MT production capacity is estimated to be economically viable for a small scale industry. Raw-Materials 40T HDPE/PP granules; printing accessories; packing accessories. These raw materials are all available within the country. Utilities The project requires 300kva generator set, 11kva transformer; Electricity & water

agriculture and industrial projects. Here we discussed the production woven sacks which are very important for industrial projects develop ments.HDPE/PP packing materials have become popular on account of their inertness to chemical, moisture and resistance to fungus and rotting. They are light in weight and withstand stringent conditions than conventional bags. Compared to jute the prices are stable and competitive. Market Potential The major users of HDPE/PP woven sacks are fertilizer, sugar, animal feeds, and cement. Starches, pesticides, detergents and many other industrial bulk items are also being packed in woven sacks. HDPE strips also used for deck chairs, etc. PP strips used for marine rope manufacturing. With the introduction of circular looms, cost of production has come down drastically and making these sack more preferable now. Demand is ever growing with more and more factories preferring woven sacks for packaging. 90% of the production is consumed in the domestic industry while a little is being imported

to border countries. With small and medium scale industries/ agricultural projects springing up, the demand also increases. The market cuts across the whole parts of the country and neighboring African countries. Manufacturing Process First the tape is produced through the tape extrusion machine. This tape is fed to knitting machine to form cloth on circular weaving machine. Cloth thus formed is cut to required dimensions and stitched to size. Printing is also done as per requirement and plan according to IS standards to meet customersâ&#x20AC;&#x2122; requirements. Location of the Project The project can be located in any part of the country either in the Northern and Southern Nigeria. Project Estimation Unit runs on single shift 25days per month; Wastage of raw materials estimated is around 2%; Number of bags per kg depending on the density used; uninterrupted power availability

Financial Implications The cost of the project depends wholly on the scale the investors want to run for a start. Generally, the feasibility studies will be carried out, putting the proposed location into consideration in determining the actual cost of establishing the proposed project. You can run the project on small, medium and large scale. Investment Analysis Payback Period: Within 2years Rate of Returns on Investment: 40.4 % Break Even Point : B.E.P 55.0% Profitability: The project is very profitable and raw materials could be obtained within the country. Detailed structure of the production processes, Including personnel and manpower requirements, Plant layout, Raw materials sourcing, Marketing Techniques etc, will be embodied in a Comprehensive Feasibility Report for interested investors. Uba Godwin Global Trust Consulting, 56, Ishaga Road (1st floor),Surulere, Lagos Tel: 08034494437, 08023664368, 09093939140 E-mail: ubagodwin@yahoo.com

T H I S D AY • TUESDAY, AUGUST 2, 2016

PROPERTY & ENVIRONMENT ‘Spending Over 60% of Disposable Income on Rent is Bad for Economy’ Participants at a colloquium, held alongside the 10th Abuja Housing Show, expressed grave concern that most Nigerians spend over 60% of their disposable income on home rentals instead of the 20-30% advocated by the United Nations, reports Bennett Oghifo

Regional Sales Manager, Abuja/North, UPDC, Idongesit Etiebet; convener, Abuja Housing Show, Festus Adebayo; and CEO, Sungold Estate Ltd., Amarachi Chyna, at the 10th Abuja Housing Show... recently

ost families find it difficult to take care of other needs after paying their rents, according to participants at the just concluded 10th edition of the Abuja Housing Show. The reality of the present day, they said it that rents keep increasing while disposable income remains the same or does not come as and when due. According to the housing sector practitioners, “There is the growing need to expand access to housing in Nigeria and Africa. The implications of the high deficit in housing stork is that tenants now pay over 60% of their disposable income on housing instead of the 20-30% advocated by the UN. “The need exists for effective mortgage system with indigenous technical inputs and private participation. There are serious barriers to housing provision in Nigeria and there is the need for proper amendment of the laws and the constitution in this regards. Commercial banks’ lending is unaffordable. The Land Use Act of 1978 needs to be repealed. “There is no quick fix to Nigerian housing problems – we need to address all the challenges. Master plans have indicated development problems, and development standards and procedures are due for reform, hence, the creation of slum settlements. There is no doubt that Nigerians can and are building houses. What is needed is access to affordable housing. But, there is need to define affordable housing, knowing that a 100% home ownership is a utopia.” Affordable housing... Affordable housing can create jobs as it has a large market in millions. It is a potential growth

sector. We need measures in place to prevent the rich from buying off potential low income houses. There is need to involve government at all levels of housing provision deliberations. Government should and need to be involved, because only 54% equity contributed has worked. Government can provide land cheaply to reduce cost by 25%. Government can provide infrastructure to reduce cost by another 25%. Mortgage loans can be amortized successfully when deducted from source. They said, “Most Nigerians are living in slums with no access roads, water and light. We need urban regeneration not newly built houses. For example, in 1977, roofing loan was introduced. “Since it takes 15-25 years to build a house due to lack of finance and, not land, then massive urban regeneration through instruments like home completion loan can help. Cooperatives can also come in because there is no collateral but membership of a cooperative society.” There is mutual benefit in housing provision, but that the present format of housing delivery cannot work. “We are not creative enough. Nature of funds in Nigeria is incompatible with current realities. We should move from building to producing houses, with clear regulatory processes. Regardless, there was consensus among participants that affordable housing needed to be clearly defined, saying that “generally, affordability depends on a number of factors. A starting point hints that affordability is limited to income brackets.” Some suggested that affordability should be with consideration to cultural values, while another view holds that affordable housing may not be fully dictated by culture as it may then exceed income brackets. Affordable housing has also been viewed as that housing which about 50% of the population

can acquire. Practically, this means that affordable housing needs to cut across a greater number of the people, thus making it more inclusive. In line with this, there is need to rethink the philosophy of housing. Housing should be seen as shelter, offered as a right not a privilege. “We must also differentiate between Affordable Housing, Social Housing and Low-income Housing. Affordable Housing can only be defined by each community based on its income levels, and there cannot be one national definition.” They said, “The FMBN housing contributions and NHF’s 2.5% of income, interest at 6%, worked so fine for 20 years after inception. However, contributions from beneficiaries are meager. Other constraints include the fact that institutional contributors like banks, insurance do not pay directly to the FMBN. Also, prolonged loan processing and associated charges have become problematic.” They said the role of government should be limited to creating enabling environment. “Take away cost of land, wave charges and focus on the full implementation of the National Housing Fund (NHF) Act. There is need to enhance labour productivity through paradigm shift and building technology with job creation. Everything is not done efficiently.” The participants said, “One solution cannot fix the problem. Different institutional approaches are needed at different levels. Still there are many solutions that have no bearing with research and rigorous analysis. Housing experts should be recognised and consulted. Since legislation is not the problem, there is no need to revoke the Land Use Act. We only need to enforce it and put a cap on it.” Finance schemes...

The housing stakeholders also want the federal government to re-establish its home completion loan schemes to cut the housing deficit and reflate the economy. Many people in Nigeria still use the traditional phased method in housing development, except they disciplined enough to save most of the money they need or have a windfall of none taxable income. It is based on the prevalent method of housing development in phases that stakeholders, at a confab held during the 10th Abuja Housing Show, advised the federal government to revisit the home completion loan schemes. The belief is that it supports the new paradigm for unlocking Housing Microfinance and leverages on incremental development that most Nigerians use in acquiring new homes as well as renovate and upgrade existing structures. Mortgage stakeholders, the confab participants said should consider a programme to renovate existing homes, as they may be of great consequence in solving the problem of land for development. They said, “Empty existing structures may be reconfigured for mass housing instead of mansions, for highest and best use.” Another area that needed clarification was mortgage. Mortgage has been misunderstood as loans for new builds or home completion, they explained. “Recent surveys show that over 70% of sampled populations in Nigeria do not know how a mortgage works, and about 50% could not mention one mortgage bank, hence 100% of homeowners who built houses did not take out mortgages. A simple definition for mortgage is - there is a completed house that I want to buy. Meanwhile, possibilities of home completion loan to reduce housing deficit has been stressed.”

T H I S D AY • TUESDAY, AUGUST 2, 2016

PROPERTY & ENVIRONMENT

UNDP: Nigeria’s Vision 2020:20 Could Prove Challenging with Current Business-as-Usual Approach Bennett Oghifo Nigeria’s quest to become one of the top twenty economies in the world by 2020 (Vision 2020:20) could prove challenging with the current “business-as-usual” approach, the Country Director, United Nations Development Programme (UNDP), Dr. Pa Lamin Beyai has said. Beyai stated this in his welcome remarks at the Roundtable on ‘Pursuing a Legislative Agenda to enhance Nigeria’s Climate Resilience’, which held at the National Assembly Complex, Three Arms Zone, Abuja, recently. “To attain its vision, Nigeria must seek to pursue its development at the lowest carbon trajectory possible combined with efficient use of its resources. This is the opportunity that the Paris Agreement represents,” Beyai said. He gave assurance of “UNDP’s continuing commitment to partnering the government of Nigeria not only on the implementation of its climate change agenda but also in its broader aspiration of improving the quality of life of Nigerians and the delivering the dividends of democracy to Nigerians.” The Country Director, who was represented by Dr. Takwa Zebulon, said with the adoption of the Paris Agreement, particularly Nigeria’s pledge under the Intended Nationally Determined Contribution (INDC) to reduce its emission by 20% by 2020 and 40% by 2030, there was huge obligation on government to strengthen existing governance arrangement to deliver on these pledges. The Legislative Roundtable on Climate Change, Beyai said was with a focus on developing an efficient Legislative Oversight Framework that will enhance Nigeria’s climate resilience. He said the implementation of the Paris Agreement and its INDCs component would be heavily dependent on legislative support in terms of appropriation and oversight. “It is imperative that the National Assembly has a good understanding of the dynamics of international and national climate governance.” He congratulated the Chairman, of the House Committee on Climate Change and members of his committee “for facilitating this unique high level meeting – as a way of fostering deeper understanding of Nigeria’s commitment to the Paris Agreement and also more importantly to promoting the much needed, legislative ownership of Nigeria’s climate change agenda.” He said although, the Intended Nationally Determined Contributions (INDCs) are no doubt one of the major outcomes of the historic Paris Agreement, but that appropriate legislation was however crucial to driving existing national policies and actions towards its attainment. According to the UN Rep-

resentative, “If Nigeria is to harness the opportunities that the new global climate regime presents – the legislature must be equipped with the requisite knowledge to make laws that will facilitate successful implementation. “Aside legislating, an effective framework for over sighting is also important. It would serve to ensure the efficient use of scarce resources that would lead to job creation, poverty reduction and prosperity that leaves no one behind, all of which are pillars of the green economy and Sustainable Development Goals (SDGs).” He said it was crucial that the National Assembly be better equipped to appreciate the impact of climate change on the economy, the imperative of reducing ecological scarcity and environmental risks and why adequate budgetary appropriation for climate responses and activities was required The roundtable, he said was therefore important because it recognised the major role that Parliament plays in reaching Climate Change goals; it would contribute to increasing the understanding of members of the National Assembly on the concept of a low carbon, climate-resilient development and the green economy. He said it would also help in structuring a common oversight framework that ensures that environmental and climate change concerns, and efficient use of natural resources are factored by line ministries in the implementation of national development plans; development of appropriate synergies amongst relevant Committees in the National Assembly for common objectives on climate change; utilisation of legislative instruments to explore other potential international climate financing to complement national appropriate for sustainable development; provision of legislative support for Nigeria’s domestication and implementation of the Paris Agreement, particularly the INDC components; and establish of a solid platform that the planned National Assembly joint session on climate change legislative framework could be built upon. Therefore, a new legislative approach that will ensure effective climate governance has become an imperative, Beyai said, adding “the role of the National Assembly in providing laws for good governance will be incomplete without a good understanding of their expected role in ensuring a climate-resilient and climate compatible development to enhance economic growth. Hence, the need for the National Assembly to keep abreast with evolving issues particularly the concept of the green economy and green growth.” He said United Nations Development Programme (UNDP) over the years, as part of its strategic support to the Government of Nigeria, in partnership with the Federal

Ministry of Environment has provided both technical and financial support for the preparation of the following documents and activities, namely: The National Climate Change Policy and Response Strategy for Nigeria; Climate Change Diplomacy – aimed building national capacities for Nigeria to play a leadership role in climate change negotiations in Africa; Preparation the Intended Nationally Determined Contributions (INDC) submitted in Paris in December 2015; The recent High Level Inter – ministerial Meeting on the Implementation of the INDC for sectoral buy-ins; and Development of Gender and Climate change programme for Nigeria.”

The UN Representative said going forward UNDP’s partnership with the National Assembly would focus on: Development and design of draft oversight template for climate governance; Identification of appropriate legislation / budgetary appropriation in support of climate change and the full implementation of the INDC under the Paris Agreement; and Mainstreaming climate change in relevant line ministry, using existing projects and securing the leadership of the National Assembly to champion the change and drive the process. Chairman, House Committee on Climate Change, Hon. Sam Onuigbo said, “Nigeria cannot afford to lag behind

in the comity of nations. Never again will we allow ourselves and our nation to be outpaced in these regional and international actions that are required to create sustainable and climate-friendly solutions that address the biggest development challenge threatening our civilization.” Onuigbo said the 8th NASS would work with the executive arm of government to ensure Nigeria’s climate leadership in Africa. Partnership, he said was critical to combating climate challenges and “I want to categorically say here that the 8th NASS is determined to do whatever it takes to help MDAs surmount our climate challenges.

He said some important measures the federal government was taking on emission reduction were; to end gas flaring by 2030; adding 13,000 MV of off-grid solar PV; increasing investment in efficient gas power stations; reducing current power transmission losses; and achieving 2% per annum energy efficiency (30% by 2030); development of mass transport schemes; and adoption of smart agriculture and extensive reforestation. He urged ministries and MDAs to mainstream climate change into their 2017 budget proposals to plug likely gaps and to lay solid foundation for the actualisation of the overall aim of the Nationally Determined Contributions.

L-R: Chairman, House Committee on Climate Change, Hon. Sam Onuigbo; and representative of UNDP Country Director, Dr. Takwa Zebulon, at the roundtable on ‘Pursuing a Legislative Agenda to enhance Nigeria’s Climate Resilience’, at the National Assembly Complex, Abuja...recently

LandDispute:BusinessWomanPetitionsEFCCChairman over Alleged Persecution Akinwale Akintunde A business woman, Mrs. Moji Yakubu has petitioned the Chairman of Economic and Financial Crimes Commission (EFCC), Mr. Ibrahim Magu over an alleged miscarriage of justice by his officials. In the petition date July 19, 2016, Mrs. Yakubu through her lawyer, Mr. Yemi Adeshina alleged that some officials of the commission carrying out the orders of some unknown persons framed up a charge of stealing of a 10 hectares of land located at Sangotedo against his client Adeshina noted that his client rightfully purchased the 10 hectares of land from its owners, Onibeju Royal Family for N100 million and that a

deed of assignment was duly executed by both parties. According to Adeshina, some members of the Onibeju Royal Family had initially petitioned the EFCC over alleged fraudulent activities of one Miss Folashade Ogundare whom the family had withdrawn the power of attorney over the piece of land from. He alleged that while investigation was still ongoing over the family’s alleged N4 billion fraud against Miss Ogundare, the matter took a different twist as the family members who took the matter to the commission became suspects. In a more shocking development, Adeshina stated that the commission last year slammed an 11 count criminal charge of

stealing against his client and nine members of the Onibeju family. The lawyer said, in a move to further intimidate his client, Mrs. Yakubu, the commission further proceeded to freeze her company’s account, Monan Trading Company Ltd, without a valid order from any court. The freeze on the company’s account was however lifted earlier this year as the trial judge, Justice Ipaye lambasted the commission for the flagrant disregard for the rule of law. The judge, who described the EFCC’s action as illegal, promptly ordered that the account be reopened. According to Adeshina, Justice Ipaye also made some observations on the charge

which indicated that the 10 hectares of land was stolen instead of being trespassed on. The court has since fixed July 26, 2016 for ruling on the matter. While the decision of the court is pending, Mr. Adeshina stated that the commission secretly went before another court and obtained a suspicious injunction for temporary forfeiture of her Monan Garden Estate located in Lekki. Adeshina said that since that forfeiture order was executed, his client has been subjected to all manner of ridicule and negative media publicity. Adeshina appealed to the EFCC Chairman to personally look into the matter so as to mitigate the injustice being meted out to his client.

T H I S D AY • TUESDAY, AUGUST 2, 2016

PROPERTY NEWS

Ambode Unveils N1.876bn new Alade Market Gboyega Akinsanmi Wife of the Lagos State Governor, Bolanle Ambode at the weekend inaugurated the N1.876 billion new Alade Market, which jointly developed by the Ikeja Local Government and Master Reality International Concept Limited. The new market has 504 shops, 200 K-Clamps, 20 toilets, 350 KVA and 150 KVA generators and three boreholes to provide water for the traders. Traders in the old Alade Market have been relocated to the new market. At the inauguration, Ambode charged the traders to keep the market clean and ensure that squatters were not allowed to take over the market. Ambode said it was very important for you to note that this complex is a market and the shops are allocated to you to keep and sell your goods. They are shops and not residential apartments. Please, do not convert them to living quarters. “At the end of each trading day, ensure that you lock up your stalls and return home. You must keep your stalls, the surrounding and the entire market clean. Cleanliness is of essence and you should not tolerate a filthy environment,” she said.

The Sole Administrator of Ikeja Local Government, Mr. Abiodun Taiwo said the new Alade Market was a dream come true as the traders from the old market had been relocated to the new market, while the old market would be developed into a mega shopping mall befitting the mega-city status of Lagos. According to him, it was the late President-General of Association of Commodity Market Women and Men, Abibat Mogaji who developed the template for the new market. Contrary to speculations outside, the new market had all the modern facilities to make life worthwhile for the traders. The President-General of Association of Commodity Market Women and Men, Mrs. Folashade Tinubu-Ojo said there was resistance when the development of the new market started because of fear of the unknown among the traders, but noted that series of meeting held deflated the fear in them. Developer of the market, Lai Omotola, Chief Executive Officer, Master Reality International Concept Limited said under the leadership of Mogaji, the template to relocate the traders to a new market was set. “We can say the relocation was successful because it was

Umahi Signs three Bills, Moves to Empower 2,400 Women,Youths Gboyega Akinsanmi Governor David Umahi of Ebonyi State has said his administration would next month deploy over N600m to empower at least 2,400 women and youths in the state. Umahi, who disclosed this on Friday while assenting to three bills recently passed into law by Ebonyi State House of Assembly, said he would soon send a letter to the lawmakers requesting for approval of part of the sum. He explained that the plan was part of his administration’s effort to ensure that women and youths were made to engage in productive activities to fend for their families and contribute to the development of the state. “The administration wants to deploy N600 million massively in the month of August towards ensuring that at least 2,400 of our youths and women have something doing in this state. So the request will be coming to you,” the governor told the Assembly members who were present as he signed the bills. Umahi commended the lawmakers for the speedy passage of the bills which he said would enhance development of the state. The new laws are the Ebonyi State Primary Healthcare Development law, Ebonyi State Law on Telecommunication Infrastructure Compliance and Maintenance Agency and Ebonyi State Property Enumeration and Registration Agency. The governor said, “I want to thank the House of Assembly very dearly for the passage of

these laws and for their deep appreciation and partnership with us. “I am very excited for their patient and understanding and their zeal for Ebonyi projects. For me and other members of the state Executive Council and of course, together with you and the Judiciary, it has been how to secure the future of our children; it has been how to lift up this state because,no matter how much you pretend, if we are not updated ,we cannot compete with others when we go beyond Ebonyi State. “And that’s why I commend you very highly. You are one arm of government together with the Judiciary that understand very well the situations we are in now. I thank you for even going beyond your capacities and abilities to assist us.” Umahi said the law on ICT maintenance agency would “regulate how people cut roads and mount masts that could destroy houses and produce certain things that are not good for the health of our people.” On the law on property enumeration, he said, “Unfortunately, since the beginning of this state, we have no data on income tax, properties and premises. This law graciously passed is going to enable us to rightly move into homes and offices and try to do enumeration. “It is very important to note that the way we want to operate this law you passed is that you will have records of landlords and tenants. It will also help us to track the movement of anybody in this state.”

not as a result of fire outbreak or looting of the market. The relocation took a peaceful order where traders were allowed to relocate all their belongings before the eventual sealing

of the market. Despite the confrontation from few traders, we were careful not to be provoked. “There was no single act of violence during this period and

the transition from the old Alade Market to the new Alade Market was seamless. Trading started in the new market even before the complete relocation,” he said. Omotola added that there

was already visible evidence that the market would be prosperous as rent for shop had skyrocketed from N300,000 to N450,000 per annum and that all shops had been over-subscribed.

Ebonyi State Governor David Umahi signing a bill into law at the Government House in Abakaliki... recently

LafargeHolcim to Hold Toll Gates and Proper USD2m Sustainable Highway Maintenance Construction competition Mark Neboh the proceeds to the government Lafarge Africa Plc, a leading Sub-Saharan Africa building materials company and a subsidiary of LafargeHolcim, a world leader in building materials operating in Nigeria has commenced mobilization of professionals in Nigeria’s built sector and students for participation in the 5th International LafargeHolcim Awards. Commencing on July 4, 2016; this edition is seeking smart solutions for cities and the built environment. The LafargeHolcim Awards is the most significant global competition in sustainable design. It requests leading projects of professionals as well as bold ideas from the Next Generation that combine sustainable construction solutions with architectural excellence. Lafarge Africa Plc’s Group Managing Director/ CEO, Michel Puchercos said, “we are pleased to showcase Nigeria’s professionals and students in this competition for the first time after our global merger as a demonstration of our belief in their competence and ability to compete favourably with their counterparts across the globe, and in furtherance of our vision to build a stronger Nigeria safely, ethically and sustainably through innovative construction solutions”. He enjoined all eligible engineers, architects, builders, planners, construction firms, project owners, students and NGOs to avail themselves of the opportunity to make a mark in the global construction space, while assuring that there will be more engagements with the target audience in the next few weeks. Organised by the LafargeHolcim Foundation for Sustainable Construction, the competition identifies

the ideas with the highest potential to tackle today’s challenges to increasing urbanization and to improve quality of life. Projects and concepts from the fields of architecture, landscape architecture, urban design, planning, technology, and civil and materials engineering are eligible to be entered online in the USD2 million Awards competition, which opened on Monday July 4, 2016 and closes for submissions on March 21, 2017. The main category is for professionals, construction firms and NGOs that showcase sustainable responses to technological, environmental, socio-economic and cultural issues within contemporary building and construction. Projects must have reached an advanced stage of design, have a high probability of execution, and may not have started construction before July 4, 2016. Participants up to the age of 30 years of age can also submit visionary concepts and bold ideas in the competition, irrespective of the probability of actual implementation of the project: the Next Generation category specifically seeks “blue-sky” solutions by students and young professionals. The competition holds in the five geographic regions where LafargeHolcim operates - Asia Pacific, Europe, North America, Latin America, and Middle East Afica –The winners will be announced in the second half of 2017. Winners automatically qualify for the global Awards competition in 2018. Past winners include a Nigerian, Kunle Adeyemi who won with his Chicoco Radio project entry in Port Harcourt.

As the name goes, Toll Gates are structures created at the entrance and exit point of highways to facilitate the collection of the fee charged the vehicles that use the highway. The money collected at these points on the long run serves the government to recuperate a percentage of the cost of constructing the highway. On the short run, it provides some of the fund needed to carry out proper maintenance of the highway and related infrastructure. The structure of Toll Gates had always been present on our roads until the OBJ Government decided to abolish this very important arrangement. Certainly there must have been some cogent reasons that motivated the abolition but some positive minded Nigerians feel that what ever error would have been better corrected and the structure repositioned for improved services and increased yields. Some go further to argue that it has become a clear case of the purnishment being more injurious to our nation than the error itself. We must be truthful to ourselves to realize that in this period of reduced income from crude oil sales, we have to source funds outside the government coffers to fund some categories of our pressing infrastructure needs. That many of our major and minor highways require complete rehabilitation is a plain truth. Looking at the problem from a bigger picture, the solution can come up if the government takes the bold step to initiate serious dialogue with major road construction companies in Nigeria to get their input on the way out of the deadlock. For instance, a bargain where the road construction companies administer the toll collection and remit an agreed percentage of

on a long term contract could spur them to agree to take up the road rehabilitation and maintenance task. Under this well defined legally binding agreement, the Federal Ministry of Works and the qualified Construction Companies will delineate rehabilitation and maintenance project modality and targets; agree on time limits and project supervising modality. If this arrangement is rightly designed by specialists in the subject and implemented with deserved sincerity (corruption loopholes firmly blocked) will definitely yield the positive results that will encourage State Governments to apply the system to better their state road infrastructure. Road accidents occur regularly on our highways across the country and in most of the cases the bad road condition happens to be a major contributing factor. Bringing back a restructured Toll Gates infrastructure will help reduce accidents on our roads as well as yield a fraction of the much needed revenue to the government. Other benefits include improved control of robbery and other misconducts on the highway through the positioning of appropriate technology and equipment at strategic positions. Swift response to road accident victims will definitely bring about corresponding decrease in avoidable loss of life. The establishment of better vehicle maintenance workshops, modern day truck parks and vehicle towing responses are some of the numerous benefits that this reinvention of the Toll Gate structure will introduce as the structure matures. Mark Neboh (Geom – Italy) Italiann Language Interpreter and Author of the scam novel: The Godfathers of Scam. Email: mcneboh@gmail.com

T H I S D AY • TUESDAY, AUGUST 2, 2016

PROPERTY NEWS

Key debates decided for AfDB to Unveil Strategies for Africa’s Transformation at IUCN World Conservation Meetings in Lusaka Congress 2016 Key decisions on nature conservation and sustainable development are expected at the International Union for Conservation of Nature (IUCN) World Conservation Congress 2016 in September, after the motions to be debated and voted upon were published. Held every four years, the 2016 IUCN Congress will be the largest gathering of environmental policy makers since the Paris Climate Agreement and the adoption of the Sustainable Development Goals, and presents a major opportunity to start putting these deals into action. This year’s IUCN Congress motions are indicative of current trends and priorities for conservation, sustainability and the environment. The six key motions primarily identified for debate in Hawai‘i deal with protected areas, natural capital, biodiversity offsets, ocean governance, oil palm expansion and ecotourism. Over 8,000 delegates representing governments, business, the scientific community, NGOs and Indigenous peoples from more than 160 countries will discuss the issues outlined in the motions. The IUCN Congress will decide and trigger action on a total of around a hundred

motions, on issues ranging from closing domestic markets for ivory trade to protecting wild bats from culling programmes, phasing out the use of lead in ammunition or strengthening the role of Indigenous peoples in combating illegal wildlife trade. An IUCN policy on natural capital, which deals with the value of ‘ecosystem services’ such as water, food, climate mitigation and natural flood defences, is an expected outcome, as is an IUCN policy on biodiversity offsets – actions that compensate for biodiversity losses caused by development projects. The draft decision on ocean governance calls for a legally binding instrument for the conservation of marine biological diversity in the high seas, which account for two-thirds of the world’s oceans. IUCN Congresses have led the way on thinking in conservation since 1948, flagging climate change as an issue of concern as early as 1960, for instance. Past IUCN Congress motions and the resulting resolutions have been key to developing landmark treaties such as the UNESCO World Heritage Convention, the Convention on International Trade in Endangered Species (CITES) and the Convention on Biological Diversity (CDB).

Fadekemi Ajakaiye The African Development Bank Group will unveil its new agenda for the continent’s economic transformation at this year’s Annual Meetings scheduled to take place from May 23-27 in Lusaka, Zambia. In an Annual Meetings preview video message, Akinwumi Adesina, who will be presiding over his first Annual Meetings since assuming office as the Bank’s 8th President on September 1, 2015, said that participants will examine a host of burning issues in Africa as well as focus on the Bank’s five new priority actions – the High 5s – designed to scale up its operations for the continent’s transformation. These are: Light up and

power Africa, Feed Africa, Industrialise Africa, Integrate Africa, and Improve the quality of life for the people of Africa. “Each of those is high on the agenda in Lusaka,” Adesina said, noting that three of them will take a quantum leap forward as the Bank unveils new strategies, and a programme to create 25 million jobs for young people over the next decade. “All of them need to be debated and owned, as much by governments, as by business, as by civil society, as by the press, as by the people of Africa. The agenda is huge: We want to see nothing less than the social and economic transformation of Africa. We want to unleash massive potential – for Africa and for the world,” he emphasized.

A central theme of the discussion will be energy, considered to be the continent’s Achilles’ heel and the central theme of the Annual Meetings –‘Energy and Climate Change.’ This topmost priority of the High 5s speaks to the Bank’s determination to tackle the severe energy deficit in the continent where 650 million people don’t have access to electricity. Governors, usually Finance or Economy Ministers, representing the 54 African and 26 non-Africa member countries of the Bank Group will review its 2015 operations report and approve its activities and budget for the coming year. In 2015, the Bank Group made loans and grants of USD 8.8 billion, a 25% increase on 2014. During the high-level meet-

ings and thematic forums, participants will make in-depth assessments of the performance of Africa countries in the past year and envision how the Bank can help them cope with the difficult economic situation they face due to the global economic downturn and the fall in commodity prices. Despite the prevailing “economic headwinds”, the continent has demonstrated extraordinary resilience, posting growth rates of 4%, a percentage point higher than the global average and even higher in some countries in 2015, President Adesina said. Several heads of state are expected to attend the meetings, the Bank’s flagship event that is expected to bring together some 3,000 delegates.

Umahi Canvasses Law for Tolling of Repaired FG Roads Governor David Umahi of Ebonyi State has called on the National Assembly to come up with a law that will empower states to rehabilitate or construct federal roads in their domain and put toll gates on them. Umahi made the appeal during a thanksgiving service organised by Senator Obinna Ogba at Nkalagu, Ishielu Local Government Area on Sunday. Umahi, who described most federal roads in the states as very deplorable, said his call was to ameliorate the suffering of motorists and commuters. His words: “Just a week ago, Mr. President gave us the go ahead as a state to complete the Abakaliki- Afikpo Road and toll it. And so, I am thinking because we wrote to him and requested for that, the Senate and of course the National Assembly should look at that direction of coming up with a legislation so that it becomes a law for any state that can complete a federal road project to be allowed to put toll gates on the road. “That will assist because we have come to realise that even though they are federal roads, Federal Government is not always on the road but mostly the people of the states.” The governor also urged the National Assembly to ask the Federal Government to refund the over N500bn states had past spent on Federal roads. He said such fund would go a long way in easing the cash crunch facing the states. Umahi specifically pleaded with the National Assembly to

assist Ebonyi State get back the over N25bn his administration and past governments had spent on federal roads which had constituted death traps to people. “We have done various federal roads and we asked that this money be refunded. We believe that it will go a long way in assisting the state even if it is 50 per cent,” he pleaded. Engr. Umahi also commended the National Assembly members for their support for President Muhammadu Buhari, which according to him, has kept the country together in spite of the economic and security challenges facing it. The governor said, “Let me thank you honestly for the sacrifices you are making at national level through your efforts for the stability of the country. “This is not a time for any kind of leader to be in power. It’s not; it’s quite a challenging time. And so you have sacrificed by giving support to Mr. President. You are sacrificing and supporting the President so that our nation may improve.” He urged the President of the Senate, Dr. Bukola Saraki, who was among the over 15 National Assembly members and politicians that graced the event to consider Ebonyi State as one of the states with internally displaced persons to be assisted by the Federal Government. Umahi disclosed that his government would soon send to the National Assembly, an official letter to that effect.

: L-R: President, Mortgage Banking Association of Nigeria (MBAN) and CEO, Homebase Mortgage Bank, Dr. Femi Johnson; Director Other Financial Institutions Supervision Department (OFISD) Central Bank of Nigeria (CBN), Mr. Ahmad Abdulahi; Chairman, Roland Igbinoba Real Foundation for Housing & Urban Development (RIRFHUD), Dr. Newton Jibunoh; Lagos State Commissioner for Housing, Gbolahan Lawal; Executive Vice Chair, Roland Igbinoba Real Foundation for Housing & Urban Development (RIRFHUD), Roland Igbinoba; The Ooni of Ile-Ife, Adeyeye Enitan Ogunwusi, Ojaja II; the Ooni’s wife, Olori Adeyeye Ogunwusi; and Project Consultant for the World Bank/IFC, Nigeria Housing Finance Programme, CBN, Kunle Faleti, at the launch of the second edition of ‘The State of Lagos Housing Market Report 2016’ in Lagos… recently.

The Dynamics of Architecture in Contemporary Society Charles Maduka Shelter is next to Food, with water, in the order of the basic necessities of life. However, recent classification included sanitation, education and healthcare. According to Wikipedia, ‘The evolution of architecture traces changes in traditions, regions and over-arching stylistic trends and dates. The saying goes that,’ the only thing that is constant in life is change’ is suitable in this context. Architecture is life and it changes in response to the forces of style, technology, economy, beliefs and values. When compared with fashion it is never static but continues to evolve in response to tastes and trends. The famous British contemporary architect, Sir Norman Robert Foster described architecture as an ‘Expression of Value’. Though architecture has a generally accepted description architects and artists had at various times however, used buildings to express their individual values and beliefs. According to Walter Gropius, one of the pioneers of the profession, ‘There is no

finality in architecture, only continuous change’. Furthermore, architecture cuts across borders but varies in the perceptions of designers. In the year 2012, the prestigious pritzker architecture award was won by a Chinese architect named Wan Shu. He is the first Chinese citizen to win the award .Wan Shu is arguably the greatest Chinese architect. His style of architecture combines traditional materials with modern design, pushing against the norms of the current Chinese architectural practices. However, in 2014, a Japanese architect, Shigeru Ban was named the year’s laureate of the Pritzker Architecture Prize. Though best known for such projects as the Cardboard Cathedral in New Zealand and the Pompidou Metz in France, the world acknowledges his pioneering use of cardboard in disaster relief projects. His cardboard architecture had touched many lives by providing a quick, low cost, recyclable and protective shelter for people who had been displaced. His cardboard architecture option expresses a new dimension in the dynamics of architecture. It

also emphasizes the fact that the basic function of architecture is to protect man from the harsh realities of weather. The chairman of the 2014 Pritzker architecture award, Peter Palumbo described Shigeru Ban as a man of profound knowledge of his subject with emphasis on cutting- edge materials and technology, total curiosity and commitment, endless innovation, an infallible eye and an acute sensibility. At present, there are many designs of iconic buildings of the future with awesome intelligence and characteristics. In the year2008, David Fisher came up with the proposal for a Rotating Tower in Dubai, United Arab Emirate. According to the designer, the building will be constantly in motion, changing its shape as it rotates. However, a recent proposal is the 360- degree rotating tower designed by a Taiwanese industrial designer Shin Kuo. His concept is also known as Turn- to –the – future which he developed as his thesis project, at the San Francisco Academy of Art University. According to Shin, the concept is a horizon-

tally rotating apartment building that combats obstructed window and mundane views with a 360 degree, twenty – seven storey vistas. Besides, the revolving tower’s dynamic design, promises urban dwellers a chance to connect with their environment, fostering new awareness of the ground, sky, light, gravity and shadow. The building’s rotation cycle operates through extensive system of engineering which carry each apartment in seamless spiral from twenty-seventh floor on down to the first using predetermined timeline. Each unit runs along a spiral track which locks into a roller coaster system controlled by infrared sensors and monitored through various support and breaking systems. Kuo plans to realize this building by using 3D printing to build the units, incorporating a combination of aluminum, steel, smart glass, solar panel as well as lighter materials such as carbon fiber, bendable concrete and artificial bone into the framework. Maduka, an Architect, writes from Lagos

T H I S D AY TUESDAY AUGUST 2, 2016

TUESDAY AUGUST 2, 2016 • T H I S D AY

INTERNATIONAL

email:foreigndesk@thisdaylive.com

Calderwood: Canada Working with Nigeria to Defeat Terrorism Zacheaus Somorin

The outgoing Canadian High Commissioner to Nigeria, Mr Perry Calderwood has said that Canada’s government has been working with Nigeria to defeat terrorism with various training for the Nigeria police especially in investigation techniques. ‘Though globally, terrorism has become common, but there must always be effort to contain its spread. Beyond this, we have been engaging in inter communities dialogue to sustain peace in states like Benue’, Calderwood said during an exclusive interview with THISDAY. He also pointed out that in response to the humanitarian needs in the Lake Chad Basin region, Canada recently announced plan to provide more than 26 million dollars for humanitarian assistance in 2016. ‘’This will help to provide food, drinking water, hygiene, sanitation and health services, treatment for acute malnutrition and support for livelihoods for vulnerable populations, including refugees, internally displaced persons and communities hosting refugees’’. He explained that in achieving this, his country

is partnering with the United Nations High Commissioner for Refugees, the World Food Programme, the United Nations Children’s Fund, Office for the Coordination of Humanitarian Affairs, the International Committee of the Red Cross Action Against Hunger, among others. On corruption, Calderwood revealed Canada has specifically told the Nigerian government that ‘if there are funds that have been traced to Canada, there are mechanisms in place for our government to respond to this kind of request. It’s through our Federal Police and through our Justice department and the contacts are there already’’. ‘People feel frustrated that it takes time to retrieve funds that may have been stolen and stashed in Canada in form of real estate or something…but remember that in any country that respects rule of law, certain procedures must be followed. A government simply just doesn’t have power to seize something and return it somewhere. You have to go through the legal processes’, he added. He pointed out that the international community, including Canada, has worked very hard to strengthen rules and prevent illicit funds from

flowing in the first place. ‘’In Canada for example, we have rules in place whereby the red flag is raised if a large amount of money from a mysterious origin is transferred. I think we have made quite a bit of progress in that

regard and perhaps for that reason, Canada isn’t one of the leading destinations for stolen funds’’. ‘’There is scope for even more improvement because the phenomenon we are working against…those

people are very sophisticated. They are using accountants, lawyers, shell companies and going from one country to the other, so often it’s not that simple. But we have to, as a government committed to tackling corruption,

make resources available to effectively combat that and not allow the criminals to find their ways around our rules by exploiting different jurisdictions and shell companies and other mechanisms at their disposal’’.

Congolese Protesters Demand Kabila’s Resignation Tens of thousands of Congolese demonstrators chanting anti-government slogans and waving opposition flags rallied in the capital on Sunday to demand President Joseph Kabila resignation. Kabila, 45, who has been in power since his father was assassinated in 2001, is under pressure at home and from increasingly exasperated world powers to step aside and call elections to choose a successor. Kabila’s government has said logistical problems are likely to delay the poll and his supporters have suggested a referendum scrapping term limits so he can run again, as several other African leaders have done. He retains a solid level of support. His opponents,

however, suspect Kabila is simply trying to cling on to power. “We’re sick of Kabila,” Philippe Lukusa, 35, who like many urban Congolese is unemployed, said as demonstrators sounded motorcycle horns and sang anti-Kabila songs during Sunday’s rally close to the parliament building in the capital’s Kasavubu neighbourhood. Opposition backers like Lukusa are pinning their hopes on octogenarian coalition leader Etienne Tshisekedi. Tshisekedi’s supporters filled the streets for miles along the main airport road on Thursday when he returned to Congo after spending almost two years receiving unspecified medical treatment in Belgium. Tshisekedi, 83, has been visibly frail in public

appearances. Reflecting Kabila’s persistent popularity among many of Congo’s nearly 68 million people, tens of thousands of government loyalists held a counterdemonstration a day after Tshisekedi’s return, calling for the president to stay on. Protests against a potential poll delay have in the p a s t t u r n e d violent and authorities a r re s t e d d o z e n s o f c r i t ics of Kabila in April, a l t h o u g h l a s t w e e k ’s rallies were peaceful. Foreign donors fear political tensions could easily lead to armed c o n f l i c t - - C o n g o ’s m i x o f e t h n i c s t r i f e a n d f o reign interference driven by c o m p e t i t i o n o v e r i t s f a b u l o u s m i n e ra l w e a lth has bloodied it for two

decades. A regional war between 1996 and 2003 in east Congo -- a treasure trove of rare metals used in phones and other gadgets -- killed millions of people, spawned countless militias and sucked in soldiers from half-a-dozen African countries. Sunday’s protest was still peaceful by 2.30 p.m. (1330) GMT, watched by armoured police trucks. Some of those gathered said they w o u l d t r y to force Kabila out if n e c e s s a r y. “ We w a n t K a b i l a ’s immediate resignation. If he uses force, we will respond with force,” said Dav i d S l i m , 2 4 , a t r a d e r. Elsewhere in the crowd, s o m e o n e wav e d a w h i t e c r o s s w i t h t he words: “Adieu Kabila, RIP.”

TUESDAY AUGUST 2, 2016 • T H I S D AY

INTERNATIONAL

Militants Launch Car Bomb, Gun Attack on Somali Police Base Militants yesterday set off two car bombs outside a police base in Somalia’s capital before gunmen stormed inside, leaving at least 10 people dead, police said. Islamist group al Shabaab

claimed responsibility for the assault on the headquarters of Somalia’s Criminal Investigation Department (CID) in Mogadishu. It was the second major

operation in the city this week by the group which has kept up a guerilla war on the Westernbacked government in the face of U.S. drone strikes and African peacekeeping forces.

IS Militants Attack Energy Plants in Northern Iraq, Kill Five slamic State militants stormed two energy facilities in northern Iraq yesterday, killing at least five workers and shutting down a major oil pumping station, security and oil sources said. The first attack, on the AB2 gas compressor station, about 15 km (10 miles) northwest of Kirkuk, started around 0300 (0000 GMT) when four gunmen with hand grenades broke through an external door in an attack that left two guards in critical condition. They then shot dead four employees in a control room inside and planted explosives charges, around five of which went off, the sources said. Forces from the elite counterterrorism service stormed the facility, regained control and freed 15 other employees who had hidden in a separate room. Security sources believe the

attackers escaped to the Bai Hassan oil station, 25 km further northwest, the sources said. There they launched a similar attack, one detonating his explosive vest at an external gate to allow the others to enter. Once inside the facility, two more assailants set off their explosive vests, destroying an oil storage tank. The fourth assailant was later killed in clashes with security forces. An oil engineer was also killed and six policemen were wounded, security sources said. The attack forced the suspension of activity at an oil station which had been pumping 55,000 barrels per day to the northern Kurdish region, oil sources said. It was not clear when operations would return to normal. Kurdish peshmerga

forces, which have controlled Kirkuk and surrounding areas for two years, were searching nearby villages for militants suspected of involvement in the attacks. Amaq news agency, which supports Islamic State, said in a message distributed online that Islamic State fighters had stormed the Bai Hassan facility, but made no mention of the earlier attack. The group has previously targeted oil facilities in the area with explosives, repeatedly targeting oil wells at Khabbaz oilfield southwest of Kirkuk. The militants, who seized a third of the OPEC producer’s territory in 2014, have lost many areas to an array of Iraqi forces backed by U.S.-led coalition air strikes but still control the northern city of Mosul, their de facto capital in Iraq.

Libyan Forces Battle Islamic State Snipers Libyan forces made a fresh push on Friday to capture ground from Islamic State militants besieged in the centre of their former North African stronghold of Sirte. Nearly three months into a campaign to recapture the city, brigades mainly composed of fighters from nearby Misrata are waging sporadic street battles in residential areas where militants use snipers, mines and concealed explosives to defend their positions. The brigades advanced rapidly on Sirte after launching a counter-attack against Islamic State in early May, but their progress has slowed as they close in on the city centre. Losing Sirte would be a major blow for Islamic State, which established total control over the coastal city last year and

expanded its presence along about 250 km (150 miles) of sparsely populated land on either side. The brigades fighting Islamic State are aligned with Libya’s U.N.-backed government, which arrived in the capital, Tripoli, in March. Western powers hope to unite rival factions that set up competing parliaments and administrations in the east and west of Libya in 2014 as their armed supporters fought for power. But as the new government tries to impose its authority on a country still in turmoil, it has struggled to provide rapid financial and logistical support to the brigades in Sirte. Friday’s fighting was focused on the“Dollar”neighbourhood, about 1.5 km southwest of the

middle of the city. “We are trying to take the whole of ‘Dollar’ - we control about 40 percent so far,” said fighter Mohamed Faraj Zourab. “It’s slow progress because of the land mines, booby traps and snipers.”At least five brigade members were killed and 28 wounded in the fighting, medical officials at a nearby field hospital said. Nearly all Sirte’s residents have left the city, and shots and artillery fire ring out amid emptied buildings now used by both sides for cover.“We are trying to force them out house by house,”said another fighter, Mohamed Sbah. “We advanced by about five houses this morning. We saw the snipers making holes in the wall so they could move from one building to another.”

Heavy gunfire rang out inside for about half an hour after the first blast, said witnesses. The bodies of four civilians lay in the street near the compound which was partially destroyed. A kiosk close to the wall caught fire. “At least 10 people including four militants, five civilians and a soldier died in today’s attack,” Hussein Ali, a police officer, told Reuters. Another 15 people were injured, some seriously, he added. Al Shabaab’s military opera-

tions spokesman, Abdiasis Abu Musab, said one of its suicide bombers had started the attack by ramming a car bomb into the building’s gate. In al Shabaab’s first attack this week, 13 people were killed when two car bombs went off at the gate of the African Union’s main AMISOM peacekeeping base on Tuesday. Security analysts have warned that the group could step up its attacks, taking

advantage of the distraction caused by campaigning for a presidential election due in August. Al Shabaab, seeking to impose its harsh form of Islam on the Horn of Africa nation, has also launched attacks in Kenya and Uganda which have contributed troops to the 22,000-strong AMISOM force. Somalia plunged into anarchy in the early 1990s following the toppling of military dictator Mohamed Siad Barre.

Germany: Anti-immigrant Party Gains Support after Attack The anti-immigrant party Alternative for Germany (Afd) gained support after the country was hit by a spate of attacks this month, including by Islamist militants, but support for Chancellor Angela Merkel’s conservatives held steady, a poll showed. Germany remains deeply unsettled after 15 people were killed and dozens wounded in five separate attacks between July 18-July 26. Two were claimed by Islamic State, and three of the attackers were asylum seekers. This has led to accusations that Merkel’s open-door refugee policy is to blame, under which over a million migrants, many fleeing war in Afghanistan, Syria and Iraq, entered Germany in the past year. An Emnid poll for weekly newspaper Bild am Sonntag showed support for the AfD rising by 2 percentage points from the prior week to 12 percent. The poll was conducted between July 21 and July 27. Officials say two of the assailants, a Syrian asylum seeker who blew himself up in Ansbach and a refugee from either Pakistan or Afghanistan who attacked people on a train in southern Germany, had links to Islamist militancy. The death toll of 15 includes four assailants.

France also suffered two attacks claimed by Islamic State in July, including one in which a gunman drove a heavy truck into a crowd celebrating Bastille Day in Nice, killing at least 84 people. The AfD enjoyed 15 percent support earlier this year and voters turned in droves to the party in three regional elections in March, giving a thumbs down to Merkel’s refugee policy. But earlier this month, the AfD, which was founded in 2013 on a eurosceptic platform and then shifted focus to an anti-immigration stance, lapsed into party infighting over what some regional lawmakers called the anti-Semitic views of a colleague. However, the Emnid

poll showed support for Merkel’s conservatives and their coalition partners, the left-leaning Social Democrats, was unchanged at 35 percent and 23 percent respectively. The AfD’s gains came at the expense of the Greens, support for whom dipped by 1 point to 11 percent, and the far-left Linke, who also suffered a 1 point fall, to 9 percent. Germany is set to hold a federal election in autumn next year. The resilient support for her conservatives is positive news for Merkel, who on Thursday defiantly repeated her “we can do this” mantra on handling the migrant influx into Germany, and vowed not to bend her refugee policy.

TUESDAY AUGUST 2, 2016 • T H I S D AY

NEWSXTRA

Buhari Appoints 17 New Education Ministry Parastatal Heads Sacks JAMB registrar, NECO, others Mafiana takes over as acting Executive Secretary of NUC

Paul Obi in Abuja President Muhammadu Buhari yesterday, in a full swoop, terminated the appointments of 17 chief executives of agencies, parastatals and departments in the Federal Ministry of Education. The president immediately appointed 17 new heads to oversee the affairs of the affected agencies. In a statement by the Ministry of Education Deputy Director on Press, Benjamin Goong, the ministry said: “The President, Commander in Chief of the armed forces of the Federal Republic of Nigeria, President Muhammadu Buhari has approved the appointment of 17 new chief executives of parastatals and agencies under the Federal Ministry of Education with effect from Monday, August 1, 2016 “The agencies and parastatals together with their approved new chief executives are: National Universities Commission (NUC), Prof. Abubakar Adamu Rasheed; Nigerian Institute For Educational Planning and Administration (NIEPA), Prof. Mrs. Lilian Salami; Universal Basic Education Board (UBEC), Dr. Hameed Bobboyi; National Library of Nigeria (NLN), Prof. Lanre O. Aina; National Examinations Council (NECO), Prof. Charles Uwakwe; National Commission for Mass Literacy, Adult And Non-Formal Education (NCMLA&NE), Prof. Abba Haladu; Nomadic Education Commission (NEC), Prof. Bashir H. Usman; and National Business and Technical Examination Board (NABTEB) Prof. Ifeoma Isiugo-Abanihe.” Others include the Teachers Registration Council of Nigeria (TRCN), Prof. Sunday Josiah Ajiboye; Computer Registration Council of Nigeria (CPN), Afolabi N. Aderinto; National Commission for Colleges of Education (NCCE), Prof. Bappah Aliyu; Tertiary Education Tax Fund (TETFund), Dr. Abdullahi Bichi Baffa; National Teachers Institute (NTI), Prof. Garba Dahuwa Azare; Librarian Registration Council of Nigeria (LRCN), Prof. Michael Afolabi; National Mathematical Centre, Sheda (NMC), Prof. Steven Ejugwu Onah; Joint Admissions and Matriculation Board (JAMB), Prof. Ishaq Olarenwaju Oloyode; and National Institute of Nigerian Languages (NINLAN), Prof. Chinyere Ohiri-Aniche. The ministry added that

“Mr. President has also approved that the following four chief executives to be retained in their respective agencies, Prof. Samaila Junaidu, Nigeria Educational Research and Development Council (NERDC); Prof. Raauf Adebisi, Nigerian French Language Village Badagry (NFLV); Dr Mas’ud A. Kazaure, National Board for Technical Education (NBTE); and Prof Muhammad Mu’az of the National Arabic Language Village, Maiduguri, Borno State (NALV).” The statement also directed that “the 17 new chief executives are invited to the office of the Minister of Education on August 02, 2016 by 12:00 noon.” Meanwhile, the outgoing Executive Secretary of the NUC, Prof. Julius Okojie, yesterday handed over to his deputy, Prof. Chiedu Mafiana as the acting Executive Secretary of the commission pending when the president would appoint a substantive head of the commission. Mafiana who is also the most senior director in the commission, at a handing over ceremony in Abuja, commended Okojie for the various achievements recorded during his tenure as the Executive Secretary. He stated that Okojie’s achievements had gone a long way in improving the quality of the Nigerian university system, where high value is now attached to tertiary educational institutions in the country. “We will continue to regulate the university system with courage and I count on the management to give me adequate support as it was given to Prof. Okojie,” Mafiana said. Okojie said NUC over the years has evolved to a reputable regulatory institution, setting pace in different strata of the university system, adding that ‘the law is there at the beginning and we applied the law to achieve the feat in the commission.’ Okojie, who told journalists that would return to the university system, noted that two principles of fear of God and the love for neighbour saw him through in his 10 years as the executive secretary of the commission. He added that “courageous and strong decisions were taken to improve the system irrespective of the fact that it will not go well with some people. “The commission quest to achieve quality and access in Nigeria tertiary education system became realistic when curriculums were

reviewed, postgraduate studies were regulated and numbers of institutions were increased to address

the challenges of access and affordability,” Okojie said. Also, Prof Mafiana, the most senior staff in

the commission, joined as a visiting professor in 2003 to 2005. He returned as a director

and was the director of quality assurance before he became the deputy executive secretary.

ON-THE-SPOT-INSPECTION

R-L: Ogun State Commissioner of Police Command, Ahmed Iliyasu; Governor Ibikunle Amosun; Brigade Commander, 35 Artillery Brigade, Brigadier General Mohammed Danwalis, when the governor visited Ebute-Ibafo, one of the communities where the military is currently battling suspected pipeline vandals....yesterday

No Court Order Stopping Bode George: I’m Best PDP National Convention, Suited to Be PDP National Chairman Wike Declares

Ernest Chinwo in Port Harcourt

Rivers State Governor, Nyesom Wike, yesterday declared that the National Convention of the Peoples Democratic Party (PDP), scheduled for August 17 in Port Harcourt would go on as planned, saying that there was no court order stopping the party from going on with the convention. The governor stated that the court was yet to hear the suit filed by embattled former National Chairman of the party, Senator Ali Modu Sheriff, challenging the holding of the National convention. Addressing the South-south Executive Committee of the PDP at the Government House, Port Harcourt yesterday, Wike said: “The court could not have sacked Senator Ahmed Makarfi because it cannot sit on appeal on the judgment of a court of coordinate jurisdiction.” He added that there is an application to allow Senator Markafi to be joined as a party in the suit. He said that the suit was adjourned to August 15. According to him, the suit challenging the conduct of the national convention is yet to be entertained by the court. Speaking further, the governor stated that the

Edo State chapter of the PDP would be supported to win the state governorship election on September 10. He said: “PDP in the Southsouth cannot be complete until we take over Edo State. Therefore, I urge INEC to conduct free and fair elections in Edo State and every other state where we have elections. “I thank the party in Edo State for doing quite well in their campaigns. As an opposition party, they have promoted the party’s chances through committed campaigns.” On the forthcoming national convention, he stated that the leaders of the PDP in the southern geo-political zone would meet last Thursday to determine the zoning of positions. The governor expressed optimism that the PDP would emerge stronger from the current challenges as Nigerians are waiting for the party to provide leadership. In his remarks, National Vice Chairman of PDP (South-south), Emma Ogidi, commended Wike for using the people’s mandate to transform Rivers State. He described Wike as a complete party man who has helped in rebuilding the party through his engagements with party stakeholders across the country. The South-south Executive Committee of the PDP also conferred an award of excellence on Wike.

Segun James

Chief Olabode George yesterday warned that the Peoples Democratic Party (PDP) is at cross roads and that he was best suited to take the party to the next level as its national chairman. George said this as he launched his campaign for the chairmanship position at the party’s convention which comes up on August 18 at the Lagos State party’s headquarters. The PDP chieftain who is also the leader of the party in the South-west lamented that “these are not happy times for our party. The times appear dark and bleak. The horizon is uncertain. We are being assailed in every corner. “Problems brew everywhere. Our challenges appear endless and intractable. Every day, we are confronted with a new drama and with a new hurdle. Certainly, there are some obvious and not so obvious interests inside and outside our party that do not wish us well. “Today, our effectiveness as the opposition party is being rendered inconsequential and virtually of no value as we engage ourselves in a very destructive mutual consumption.” He stressed: “Our party needs a rescue. Our party needs redemption. Our party deserves a balanced, experienced, tested, trusted and faithful hand. Our party needs a team player and a unifying leadership. Our party

needs stability. “Here and now, I am humbly making a stand and a declaration as an aspirant for the position of the office of the national chairman of our party with a vision to serve as a bridge builder, as a peace-maker and as a healer of the broken places. “I cannot do it alone. Nobody can. I cannot resolve all the issues or reconcile all the differences alone. But I promise to work with our leaders to find a common ground and negotiate a healthy compromise to achieve a common purpose of a strong, prosperous, equitable, democratic and a victorious organisation. “I cannot pretend that I have all the answers. But I am prepared and willing to work with all strata of our party to ensure that the dreams and the visions of our founding fathers are fully restored once again.” He lamented that what was now happening within the party was not the way the founding fathers engraved the values, the normative patterns and the nuances of the party more than 17 years ago. George recalled the ideals that necessitated the founding of the party, saying: “The originating tenets and founding idealisms of our party were grounded and then enforced when the sacred seeds of the formation of the PDP were sowed and nurtured on the unifying soil of Abuja.”

TUESDAY AUGUST 2, 2016 • T H I S D AY

NEWSXTRA

N50bn Debt: Court Orders Union Bank to Nominate Accountant to Reconcile Loan to Jimoh Ibrahim Davidson Iriekpen

Justice Abdulazeez Anka of a Federal High Court in Lagos yesterday ordered Union Bank of Nigeria to nominate a chartered

accountant within seven days to carry out forensic audit on the statement of accounts in the alleged N50billion loan allegedly granted to business mogul, Mr. Jimoh Ibrahim, by the bank.

Delta Community Kicks as FG Moves to Concession NIOMCO to India Firm The host community of the Nigeria Iron Ore Mines Company (NIOMCO) has complained to the federal government to peg the plan to concession the company to Global Steel Holdings Limited. The Udu community, in a petition letter addressed to President Muhammadu Buhari, is particularly urging the federal government to rethink its moves on account of the precedence the Indian company left behind while it took charge of the Delta Steel Company. The letter, signed under the name of Udu Traditional Council, an umbrella body for all indigenous ruling body in the area, noted that it aims to bring to government notice the strong reservation of the host communities over the alleged plans by the federal government, through the Ministry of Solid Minerals, to concession the Nigerian Iron ore Mines Company (NIOMCO) at Itakpe to Global Steel Holdings Limited (GSHL), former (through BPE) investors at the old DSC. According to the host communities, “it is contention that the unfortunate

antecedents of GSHL when the company held sway at Delta Steel company (Aladja Steel Complex), are not conducive for any form of business partnership in Nigeria, at least not just now. The history which includes, among others: the unsuccessful administration of the Aladja Steel Complex, the running aground of same, the accruement of monumental debts for the company and consequently the Nigeria Community, the subsequent abandonment of the steel company, and the court case between them and our country abroad, should be enough grounds for blacklisting. “Secondly, NIOMCO is the only visible source of raw materials for the Nigerian steel sector- both Delta Steel and Ajaokuta Steel companies. Concessioning NIOMCO to this Indian firm therefore clearly spells doom for the entire Nigerian steel industry as it means not only tying the fortunes of the Nigerian steel industry to a known failed firm, but also to the whims and caprices of a known debtor who has vamoosed once, and may again.”

Buhari Reiterates Pledge to Respect ICJ’s Judgment on Nigeria-Cameroun Border UN says demarcation remains 99 Km Tobi Soniyi in Abuja President Muhammadu Buhari has restated that his administration will abide by the decision of the International Court of Justice (ICJ) on the Nigeria–Cameroun border. A statement issued by the Senior Special Assistant to the President on Media and Publicity, Mr. Garba Shehu, said Buhari made the promise while speaking yesterday in Abuja when he received a United Nations Mission led by a Special Representative of the Secretary General, Mohammed Ibn Chambers. Buhari said Nigeria would not do anything to hamper the work of the various UN committees on the border. “We will abide by the law. Having accepted the judgment of the ICJ, we are ready to support the security and logistics requirements of the Cameroun-Nigeria Mixed Commission (CNMC) to carry

out the border demarcation,” the president said. Buhari expressed his total support for the exercise, recalling that as military Head of State between 1984 and 1985, his administration instituted the demarcation of the Nigeria land borders from Benin to Bakassi and urged that all committees be allowed to carry out their functions in line with the ICJ decision. Earlier, Mohammed Ibn Chambers, Chairman of CNMC, had informed Buhari that 2,001 kilometres out of 2,100 kilometres separating Nigeria and Cameroun had been marked, leaving a balance of 99 kilometres to conclude the demarcation. He expressed hope that the remaining area would be completed latest by the first quarter of next year following the relative calm that has returned to border areas earlier inhabited by Boko Haram terrorists.

The accountant is to work with two other accounting firms nominated by Asset Management Corporation of Nigeria (AMCON) and Ibrahim. Justice Anka had on July 11 discharged an interim order granted to Asset Management Corporation of Nigeria to take over some assets belonging, to Ibrahim. Consequently, the defendants appointed the firm of Adewale Folowosele & Associate to meet with those that will be nominated by AMCON and Union Bank respectively. However, at the resumed hearing of the suit yesterday lawyer to Asset Management Corporation of Nigeria (AMCON), Yusuf Ali (SAN), informed the court that AMCON had

nominated KPMG but Union Bank was yet to present its nomination. “I recall that at the last adjourned date, we agreed that parties should appoint chartered accountants. I am happy to report that the defendants appointed the firm of chartered accountants, Adewale Folowosele & Associate and AMCON appointed KPMG and it’s for Union Bank to appoint their own chartered accountant because Union Bank is the primary creditor. “We want the court to order that the three firms of chartered accountants are to agree on date/ time to meet at the Union Bank headquarters to carry out forensic audit of the disputed accounts and report the progress of what they have done back to the court,’’

he stated. Ali urged the court to order Union Bank to appoint a chartered accountant within seven days to carry out the forensic audit as agreed by parties. He wondered why Union Bank was foot-dragging in appointing a chartered accountant to carry out the audit, stressing that the outcome of the forensic audit worship form the bases for amicable settlement of the issue. Aligning with the submission, counsel to the defendants, Chief Niyi Akintola (SAN), stated that in compliance with the directive of the court, the defendants appointed the firm of Adewale Folowosele & Associate while AMCON appoint KPMG. Akintola told the court that ordinarily, Union Bank ought to

have been eager to cooperate with the arrangement but the contrary was the case. The matter has been adjourned till September 28 for report of settlement. The applicants had in a 24-pragraph affidavit in support of the motion on notice deposed to by one Gbenga Onilude, a litigation officer in the law firm of B. Ayorinde & Co, stated that none of the properties attached in the ex-parte order belongs to any of the defendants; NICON Investment Limited, Global Fleet Oil and Gas Limited and Ibrahim. According to the deponent, the ex-parte order was obtained via suppression and misrepresentation of material facts by the plaintiff (AMCON) and it was obtained in bad faith against persons who

ENCOURAGING MADE-IN-NIGERIA

L-R: Director General, Federal Institute of Industrial Research, Oshodi (FIIRO), Gloria Elemo; Minister of Science and Technology, Dr. Ogbonnaya Onu; and Chief Executive Officer, Erisco Foods Limited, Mr. Eric Umeofia, during the factory tour of Erisco Foods Tomato Paste processing technology and innovaton plant in Lagos...yesterday ETOP UKUTT

Saudi Arabia Yet to Compensate 2015 Stampede Victims Damilola Oyedele in Abuja

Saudi Arabia promised to pay one million riyal per The Kingdom of Saudi deceased person, and 500,000 Arabia is yet to pay the riyal for each injured victim. promised monetary Mohammed added that compensation to the victims the commission was working of the Medina crane crash to ensure that the families and Mina stampede, which of the victims received the both occurred in September compensation. 2015 during the Hajj “We are working on it and pilgrimage. as soon as we receive them This was revealed by the we will forward them to the Chairman of the National families of the victims,’’ he Hajj Commission of Nigeria said. (NAHCON), Alhaji Abdullahi He also refuted reports Mohammed, at the House of that the dead Nigerians were Representatives investigative given mass burial. hearing on the role of the “This is far from being commission in the operations the truth, there was no mass of the 2015 Hajj, yesterday. burial as each victim of Six Nigerians died in the the stampede was buried crane crash, its another six in his own grave marked injured, while 254 Nigerians and identified….Also the lost their lives in the stampede did not occur as stampede. a result of the movement of

Nigeria’s tent or as a result of the movement of VIPs as erroneously conceived,’’ he added. The Chairman called for more training of officials of Saudi Arabia, to increase their capacity to manage large crowds. “Officials involved in management should be multilingual so that they will be able to communicate with people of different nationalities and ensure more efficient crowd management,’’ he added. On preparations for the 2016 hajj for which airlifting of pilgrims starts on August 8, Mohammed disclosed that a robust orientation programme has been put in place to protect Nigerians from becoming casualties.

“Virtually all the state and local government officials have been engaging pilgrims on education on possible areas of dangers and ways to avert them. The commission is also working with the ministry of health to establish a blood back to be used in DNA profiling in case of any emergency,” he said. “We also have to sensitise the state officials on the need for probing the pilgrims’ movement to avoid crowd areas and to observe the timing given to us by the relevant authorities. And we will introduce an electronic device that will help us in the management and tracking of the pilgrims’ location at all times,’’ Mohammed added.

TUESDAY AUGUST 2, 2016 • T H I S D AY

NEWSEXTRA

Joint Task Force Set to Bomb Four Targets, Arrests 11 Pipeline Vandals Surveillance video shows the vandals resorting to incantations Amosun wants FG to retain military personnel in troubled areas Senator Iroegbu in Abuja, Sheriff Balogun in Abeokuta and Chiemelie Ezeobi in Lagos The anti-pipeline vandalism of the Joint Task Force (JTF) yesterday said it had been able to smoke out 11 notorious pipeline vandals due to the ongoing aerial bombardment of the Arepo creeks in Ogun State. This is just as it identified and is set to bomb four key targets (observation posts) in the hideouts of the notorious pipeline vandals, which is manned by heavily armed duty guards. The JTF Chairman, ‘Operation Awatse’ (an Hausa word for scatter), Rear Admiral Fergusson Bobai, who also doubles as the Flag Officer Commanding (FOC), Western Naval Command (WNC), while confirming the arrests said they will sustain the aerial bombardment. The FOC alongside other security agencies had an after battle assessment after the fivedays aerial bombardment of the creeks and mangroves of Ishawo and Igando areas of Ikorodu in Lagos State; then

Arepo, Awawa, Elepete and Ibafo areas of Ogun State. At the debriefing were the General Officer Commanding (GOC), Major General Isidore Edet; the Air Officer Commanding (AOC), Air Force Logistics Command, Air Vice Marshal Sani Ahmed and the Commander, Nigerian Army 9 Brigade, Brigadier General Sani Mohammed. Others include the Lagos State Commissioner of Police, Fatai Owoseni; the Commandant, Nigerian Security and Civil Defence Corps (NSCDC), Tajudeen Balogun; and the Director, Department of State Services. Although the navy chairs the JTF, the aerial bombardment, surveillance and reconnaissance is being carried out under the leadership of the AOC Logistics Command, AVM Ahmed, who coordinates and guides the air component of the entire exercise. The strength of the air component lies in the Beachcraft aircraft, the Maritime Patrol Aircraft (ATR4), two Alpha jets and the MIG 34 aircraft, which is used for close support and has mounted rifles, guns in front for dropping rockets.

With so many targets in the creeks, it was gathered that the vandals had set up observation posts, which are manned by their heavily armed duty post guards. The surveillance videos obtained by the NAF Beachcraft (NAF 202), showed that the vandals were heavily armed and they had the GPMG, which they mounted on their gunboats. However, with the aerial bombardments and launching of rockets on some of their camps, it was gathered that the vandals have retreated farther into the mangroves, as their escape routes have been blocked. While the army component, with the help of the NSCDC, police and DSS have blocked their access through the land, the other exit points on the water, especially the Abeokuta, Ishawo, Igando exit points have been blocked by the navy. Also, the video surveillance at night showed the vandals doing incantations, probably to

use voodoo power to protect their camps and foil subsequent bombardments by the NAF pilots. Although the video had no sound, the vandals were however seen dancing around and chanting repeatedly with white handkerchiefs tied round their arms. Speaking with THISDAY, Bobai said the decision to therefore sustain the aerial bombardment, was to ensure that the four key targets gotten on the surveillance videos are knocked out using precision attack on registered targets. Meanwhile, the Air Force has the ongoing aerial onslaught against the hideouts and camps of the vandals would continue. The Director of Public Relations and Information (DOPRI), Group Captain Ayodele Famuyiwa, in a statement yesterday said its forces yesterday struck at criminal hideouts and camps harbouring pipeline vandals at Arepo and environs. Famuyiwa stated that the latest

air strike was in continuation of the aerial bombardment commenced by the NAF on July 28, 2016 to rid the affected areas of pipeline vandals and other criminal elements. According to him, the ongoing air operations is aimed at providing air support for the Joint Task Force recently set-up by the Defence Headquarters to dislodge pipeline vandals in the South-eest region of the country in an operation codenamed Operation Awatse. However, the Ogun State Governor, Senator Ibikunle Amosun, yesterday appealed to the federal government to retain military personnel in the trouble areas in the state against subsequent attacks oil pipeline vandals. While making the appeal during an on-the-spot assessment of the security arrangement put in place at Ebute-Ojora, one of the affected communities in the Ibafo axis of Obafemi-Owode Local Government Area of the state, Amosun commended federal government for its

urgent intervention. He, however, expressed the fear that the criminals could regroup and further launch a fresh attack of the affected communities if federal government withdraws the military personnel. He condemned high level of economic sabotage being carried out by the gunmen, urging security agents to intensify efforts until the whole area is wiped out of criminals He said: “There is still a lot to be done because now they’ve seen this and ran away. Something tells me that with what they have seen, they will ordinary will not want to re-group and we never can say, criminals will always be criminals, we should be ready for them.” The governor who also addressed the community leaders and traditional chiefs said they must be conscious of the kind of visitors they are welcoming in their various homes.

FG Extends Deadline for N-Power Jobs, Training Programmes Tobi Soniyi in Abuja The federal government has said it has extended the deadline for N-Power online jobs and training applications till the end of August. A statement by the Senior Special Assistant to the Vice President on Media and Publicity, Mr. Laolu Akande, said the deadline was extended in order to pull in more potentially qualified candidates and expand the opportunity base around and across the country. The application process commenced on June 12, 2016 and was to close on Monday, July 25, 2016. Akande said government would publicise the selection criteria before the application process would close. He said: “Modalities relating to the enlistment process will no longer commence today as earlier envisaged due to the demand for extension by many Nigerians from across several states.” Giving reasons for the extension of the application process, Akande said: “However being very keen on keeping its promise of empowering and uplifting young Nigerians by improving their livelihood and creating opportunities such as this

(in an as inclusive and diverse manner), the federal government is providing an additional grace period for more young Nigerians to access the N-Power opportunity. “The new deadline for the receipt of applications is now August 31, 2016.” N-Power is one of the initiatives of the N500 billion President Muhammadu Buhari’s Social Investment Programme designed to empower young Nigerians with life-long skills to find or create work. The N-Power programme is segmented into three: N-Power Teachers Corps Agriculture and Health related jobs; N-Power Knowledge for ICT, N-Power Build for building services & artisanal training N-Power is targeted at young Nigerians aged between 18 and 35 and is aimed at enlisting a total of 600,000 young Nigerians in phases, and under different sectors, in the largest capacity development and empowerment effort yet in the country. Akande said the federal government would continue to work with the state governments through their respective focal persons on social investments to ensure that N-Power is diverse and inclusive.

BODE GEORGE FOR CHAIRMAN

L-R: Former Minster of Transportation, Chief Ebenezar Babatope; Peoples Democratic Party (PDP) National Chairmanship aspirant, Chief Olabode George; and Lagos State PDP Chairman, Mr. Monsuru Salvador, during the inauguration ceremony of the Bode George Campaign Group for National Chairman in the forthcoming national convention of the party in Ikeja ....yesterday KOLAWOLE ALLI.

Three Ex-militants Bag First Class Degrees in UK Universities Three repentant militants who got Nigerian government scholarships to study abroad under the Niger Delta Amnesty programme have bagged First class honours in UK universities. Eighteen others got Second Class Upper (2:1). Nicholas Goodness and Terubein Fawei who graduated from the University of Bedfordshire finished with first class honours in public relations, telecommunication and networking engineering

respectively. Lucky Azibanagein also graduated with first class in mechanical engineering and Robotic system from the University of Liverpool. In an event organised by the Nigerian High Commission in the UK, on Friday, the Coordinator of Presidential Amnesty Programme, Paul Boroh, congratulated the graduates for making Nigeria proud. He restated President Muhammadu Buhari’s

commitment towards ensuring that the amnesty programme is sustained and its desired goals achieved. “President Buhari is ever ready to implement the blueprint upon which the amnesty programme was established. The era of impunity and phoney contracts are gone for good,” Boroh said. Boroh, a retired General of the Nigerian Army, also called on other militants such as the Niger Delta Avengers to emulate the militants who “laid down their

arms to embrace education that can make them indispensable to the world.” According to an online portal, Premium Times, Boroh cautioned the ‘economic saboteurs’ to embrace dialogue and support Buhari on his agenda to develop the Niger Delta region. Apart from the three that bagged First Class, 18 other students in various UK universities from different disciplines also graduated with second class upper division.

TUESDAY AUGUST 2, 2016 • T H I S D AY

NEWSXTRA

Restructuring, Kanu’s Release, Ekweremadu Take Centre Stage at Enugu Town Hall Meeting Christopher Isiguzo in Enugu Critical issues bordering on restructuring of the country, release of the leader of Indigenous People of Biafra (IPOB), Nnamdi Kanu, from prison and the ongoing trial of Deputy Senate President, Ike Ekweremadu, took centre stage at the town-hall meeting organised by the federal government in Enugu yesterday. Notable Igbo leaders who attended the meeting took time out to take on President Muhammadu Buhari’s administration, insisting that unless a definite position was taken on those issues, the people of the South-east might be forced to rethink their continued membership of the Nigeria-project. The meeting had Ministers of Foreign Affairs, Geoffrey Onyeama, Minister of Health Isaac Adewale, Minister for Agriculture Audu Ogbeh, Minister of State for Petroleum Ibe Kachukwu, Minister for Trade and Investment Okechukwu Enelama and Minister for Information, Lai Mohammed in attendance. Governor Ifeanyi Ugwuani of Enugu, Ebonyi Deputy Governor Kelechi Igwe, Ike Ekwremadu and other prominent politicians from South-east also showed presence. The Archbishop of Enugu Ecclesiastical Province and

Bishop of Enugu Anglican Diocese, His Grace, Most Rev. Emmanuel Chukwuma, threatened that if the All Progressives Congress (APC)-led federal government succeeds in removing Ekweremadu as Deputy Senate President, Igbos may be force to rethink their membership of the country. Chukwuma faulted what he called the lopsided fight against corruption and the marginalisation of the people of the South-east geo-political zone in key federal appointments and insisted that President Muhammadu Buhari must address the issues in order to foster unity and sense of belonging among every part of the country. The clergyman specifically called on the Imo State Governor, Rochas Okorocha, to leave Ekweremadu alone or Igbos would disown him. “Ekweremadu should be left alone to do his work; he has been elected constitutionally as deputy senate president and nobody can remove him there. If they do that it, it means that this government doesn’t want the Igbos, then you are calling for its secession from Nigeria because that is the high ranking position we have and we are all behind him and he has been performing, and he should be left to perform,” he said. On his part, the President of the Ohanaeze Youth Council,

Okechukwu Isiguzoro, declared that “the plot by some forces within the APC to remove Ekweremadu is a very dangerous mission. Ekweremadu is not a product of the South-east but the entire Senate. On the demand for the release of Kanu, Isiguzoro maintained that “the federal government must immediately release the IPOB leader; that is the only thing that will assuage the feelings of people of the South-east.” Former Minister of Information, Chief Nnaia Nwodo, who commended the federal government for the town hall meeting, which he said provided opportunity for government officials to explain so many things bothering the minds of the people, however urged for accelerated action to

save the nation from collapsing under the weight of economic and socio-political crisis. “It took you five months to appoint ministers, it took you five months to approve a budget and you are telling us about rain. State governments have finished building roads. I’m not saying this to castigate the federal government; I’m saying this to say we have to change the gear,” he said. The Minister of Labour and Employment, Dr. Chris Ngige, who took up most of the issues raised especially on restructuring and implementation of the 2014 National Conference, stated that outcome of any conference where delegates were appointed instead of elected, remains very doubtful and difficult to implement. He called on Ndigbo to put on their thinking caps and stop

wallowing in self-pity, noting that Nigeria is a federation where nobody is ready to pity anybody but to have what they can get. Ngige assured that if President Buhari decides to call a national conference, people should be rest assured that it would be elected delegates and that the outcome would be implemented to the letter. “If tomorrow President Buhari says I want to do a constitutional conference, I can assure all of you that you go home and sleep because whatever you lobby and get in that constitutional conference will be implemented to the letter. And we cannot get it by not lobbying other sections of Nigeria because politics is game of numbers, we must have to do so, so that we can take our rightful place in the comity of nations.”

The Minister of Information, Lai Mohamed stated that the essence of the town hall meeting was to meet and interact with them with a view to exchanging views on government programmes and policies. He maintained that the ruling APC, has started delivering its campaign promises of change. Stressing that contrary to insinuations in certain quarters that the change promised was a “rouse,” Mohammed said that the change was already manifesting in every sector, adding that a lot had been done in moving the country forward. The minister insisted that the government would remain undeterred in implementing its change agenda it promised Nigerians.

Economy, Insecurity: Nigeria Needs a Saviour Now, Says Apostolic Cleric Sunday Okobi Going by the economic, security and other challenges facing the country presently, the leadership of the Apostolic Faith Church West and Central Africa has called on all Nigerians to embrace God as the only Saviour who would pull the country out of this present biting condition. The church noted that in building a strong, equitable and peaceful society, it is important that the people desire godliness and righteous living because when God is happy with the godly, the nation prospers. While addressing journalists yesterday on their forthcoming annual Camp Meeting taking place at Faith City convention ground, Igesa, Ado-Ota Local Government Area of Ogun State, between August 7 and 28, the West and Central Africa (WECA) District Superintendent of the Apostolic Faith Church, Rev Bayo Adeniran, insisted that Nigeria is in dire need of divine intervention and transformation now. According to him, “Ours is a nation in dire need of a saviour, a true change and transformation in all facets of her socio-political and economic growth. The word ‘Change’ has assumed new meaning in today’s Nigeria than it had a year ago. But I want to assure

you that, yes, the word may have a dire and foreboding meaning to people, but if we put our trust in the unchanging and unchangeable God, He will give us grace that will be sufficient to take us through these critical times with songs of victory in our mouth. “The confused state of our ailing economy, social insecurity, sectional conflicts among others, are a pointer to the imperatives of a divinely assured intervention. God in His wisdom has brought us together from various background, ethnic, culture and social leanings into a strong, indivisible nation. “However, this relationship has over the years been threatened by sin-inflicted malaise, such as greed, corruption, distrust, violence, crime of unfathomable magnitude among others. Today, our dear country is on the precipice of economic recession, social and infrastructural imbalance.” Adeniran however asked Christians, that although time changes, whether their relationships with God have change? Adding that that and other like considerations would form the focal point to ponder for the faithful in this year’s international camp meeting with the theme ‘The relationships of the Godly’.

NTIC MUST NOT DIES

L-R: Hajia Jumia Sani; Mallam Awalu Ibrahin; Mallam Lamido Yuguda; and Mrs Onu, all members of the Parents Teachers Association of the Nigerian Turkish International College (NTIC) during a press conference to condemn the request by the Turkish Ambassador to Nigeria to the federal government to close down the NTIC schools in Nigeria in Abuja...yesterday

APC WADES INTO IMBROGLIO OVER BUDGET, INVITES ABDULMUMIN TO APPEAR BEFORE C’TTEE TODAY in his constituency and other places,” the lawmaker queried. Gbajabiamila, in the e-mail exonerated himself. The e-mail, obtained by THISDAY reads: “Since the budget controversy that engulfed the House about a week ago, I have pointedly maintained a dignified silence. I did this for the sake of the institution I represent and which I have laboured hard to grow and protect, knowing that whatever I say could be impactful both within the House and outside it. I was determined to keep in place the glue that holds an otherwise fragmented House, protect its integrity and at same time avoid eroding the little confidence and vestiges of hope Nigerians have in us. “Unfortunately, the controversy has now taken a different turn following the rather strange if not comical text making the rounds among members about my complicity in this rather sordid matter. I am being dragged into an arena I tried very hard to stay out of only for the good of the House.

“The speakership election has come and gone. The election was divisive and acrimonious but I have since worked hard to heal the wounds some of which still fester among members on both sides. It is my responsibility to bring all tendencies in a House I lead together and I have worked well with the Speaker and all other principal officers in a bi- partisan manner and in the interest of the institution and the country. “This text message, which desperately seeks to finger me in some macabre plot to destabilise the House is a throw back and echoes our dark post speakership election history. The resurfacing or resurgence of the faceless text messengers will not help us as a House, and let me quickly add that it will fail. “My strongest critics and biggest political adversaries in the House cannot deny the fact that my commitment has always been to strengthen the legislature and its processes and our democracy as a whole. I consider everyone a friend and colleague and urge that as we collectively work towards

a stronger legislature and strive to deepen our democracy, we do not pull back the hands of the clock nor lose sight of the enormous responsibility placed upon us by providence as members of a critical arm of government. “On the budget issue at hand, it is clear that our budget process needs radical reform and very quickly too. Yes, allegations have been made but I strongly believe judgment should not be passed based on allegations. We operate a constitutional democracy and we must at all times submit to its dictates and ethos. All parties are innocent until otherwise proven. This should be our guide. I plead with all members. The mudslinging must stop.” Meanwhile, Abdulmumin yesterday made good his threat and submitted petitions alleging corrupt practices and abuse of office against Dogara, and 12 others, to the Economic and Financial Crimes Commission (EFCC); Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Nigerian Police.

Those mentioned in the petition sighted by THISDAY are Lasun, Doguwa, Ogor, Chairman, Committee on Federal Capital Territory, Hon. Herma Hembe; Chairman, Committee on Basic Education, Hon. Zakari Mohammed. and Chairman, Committee on Health Services, Hon. Chike Okafor. Other accused persons in the petition are Chairman Committee on Power, Hon. Dan Asuquo; Chairman, Committee on Interior; Hon. Jagaba Adams Jagaba; Chairman, Committee on Police Affairs, Hon. Haliru Jika’ Chairman, Committee on House Services, Hon. Babble Ila and Chairman, Committee on Public Petitions, Hon. Uzoma Nkem Abonta. Abdulmumin in a tweet on his twitter handle early yesterday morning said he would be at the ICPC at 10a.m., and the police headquarters at 4p.m. He arrived at both the ICPC and the police headquarters in company of about 10 lawyers.

TUESDAY AUGUST 2, 2016 • T H I S D AY

NEWSEXTRA

Buhari Promises to Build 5,000 Houses in Every State Wale Ajumotokan in Abuja President Muhammadu Buhari has promised that his administration will build 5,000 houses in every state for public workers every year over the next three years. The assurance was made yesterday during the ground breaking ceremony of Nigeria’s first civil servants housing estate in Apo Extension, Abuja under the Federal Integrated Staff Housing (FISH) programme. Buhari, who was represented at the occasion by the Minister of State for Power, Work and Housing, Mustapha Baba Shehuri, said his administration was planning to recreate more of similar models across the nation to ease the accommodation burden being faced by middle and low earning workers. Nigeria has budgeted the sum of N40 billion on housing this year. Alread, it is understood that integrated housing estates will be developed

in Lagos, Bauchi and Cross River States under Public Private Partnership (PPP) arrangement. Yesterday’s launching was chaired by business mogul, Aliko Dangote, who said his company would widen the scope of FISH to enable workers have their own houses by the time they live service. The FISH Programme was designed to provide affordable housing for public servants through an integrated strategy involving group land acquisition, infrastructure development, interministerial collaboration, site services and support from mortgage finance bank. The project will be cited on a parcel of land in Chafuyi Village measuring 60 hectares and will be developed through private partnership led by ABSI Building Systems International. The American firm intends to use half of the land to build low cost houses for federal civil servants, while

Resign Now or Pay Oyo Workers within Five Days, TUC Tells Ajimobi UI shut down over six months irregular salaries Ademola Babalola in Ibadan Exactly one week after workers with the Oyo State Government resumed work after seven weeks strike, their leadership yesterday called to press home their demand for the payment of arrears of salaries. The Trade Union Congress (TUC) has issued a five-day ultimatum to the state Governor, Abiola Ajimobi, to offset the arrears or resign as the state governor. The threat by the TUC to close down Agodi government secretariat by next Monday should the governor fail to meet their demand also coincided with yesterdays shut down of the activities at the University of Ibadan by angry workers over shortfalls in the allocation being received by the university from the federal government since December 2015 which they said have adversely affected their salaries. The TUC in a statement made available to journalists and signed by its Chairman, Emelieze Andrew, and spokesperson, Ilesanmi Lawrence, said: “That an extra five-day ultimatum be given to the state government to pay all outstanding arrears with interest.” The union, while urging the people of the state to prepare for mass action to

occupy the state secretariat next Monday should the government refuse to meet their demands, declared that the governor should resign if he cannot pay workers’ salaries. “The governor should resign if he cannot pay workers’ salaries. The people should start preparing for a mass action to occupy the state secretariat on August 8, should the state government refuse to meet our demands.” The TUC also berated its sister union, Nigeria Labour Congress (NLC) for what it described as unholy alliance by signing a ‘satanic’ agreement that was inimical to industrial harmony in the state In a related development, academic and administrative activities were disrupted at the University of Ibadan as the non-academic staff union continued their warning strike to demand full payment of their salaries and arrears from January 2016 to date. Staff of the university had since January 2016 been receiving incomplete salaries due to shortfall of allocation from the federal government to the institution. The unions had ordered their members to go home last week Friday after holding a joint congress at the university entrance gate forcing people to trek distances to their destinations.

the remaining half will be used for luxury houses. The Permanent Secretary, Common Services, who is the Chairman of the project Mr. S.K.Y Adelakun, said the price limit prices for the low cost houses are N5 million, N9 million and N12 million for one bedroom, two bedrooms and three bed rooms respectively.

“All federal civil servants are eligible to apply for allocation to these houses depending on their ability to pay the equity contributions required for mortgage approval and the monthly repayment their salaries can accommodate. It is also a requirement to be a registered member of FISH Corporative Society to

be eligible,” Adelakun said. The scheme was commemorated with the allocation of 10 houses each of one bedroom, two bedrooms and three bedrooms through open balloting system supervised by National Lottery Commission. Though it was felt that the cost of the building

was beyond the reach of public workers, Head of Service of the Federation, Mrs. Winifred Oyo-Ita, said what was offered for now was a commercial limit, adding that prices would crash through inter ministerial intervention and giving of loans to estate developers to bring down the costs.

CONGRATULATIONS FOR MAKING US PROUD

Coordinator, Niger Delta Presidential Amnesty Programme, Paul Boroh, (second right), congratulating three First Class graduates of the Amnesty scholarship: Lucky Azibanagein Godswill; Nathaniel Nicholas Goodnews; and Torubein Fawei, during a reception held for the 114 Amnesty scholarship beneficiaries from schools in the United kingdom in London....recently

Abe Alleges Plot to Assassinate Him

Ayade Commends OAAN’s Contributions to Economy

Peter Uzoho

Cross River State Governor, Prof. Ben Ayade, has commended the members of the Outdoor Advertising Association of Nigeria (OAAN) for their contribution to the growth of the Nigerian economy. Ayade who spoke at the 31st annual general meeting (AGM) of OAAN which held in Calabar last Friday, said the body has maintained an advertising sector which is boosting businesses across the country and especially Cross River State. Represented by his deputy, Prof. Ivara Esu, the governor said: “I am confident to say that OAAN is a major driving force of the Nigerian economy.” Ayade said OAAN enjoy a very good relationship with the state through the collaborative effort with CRISSAA, the state outdoor advertising regulatory agency. Giving the report card of the association in the last 12 months, OAAN President, Mr. Babatunde Adedoyin

Senator Magnus Abe’s Campaign Organisation has alleged that the frequent call by the Rivers State Peoples Democratic Party (PDP), led by its Chairman, Mr. Felix Obuah, for the withdrawal of Abe’s security aides, is a plot to pave the way for his assassination. In a press statement issued yesterday and signed by the spokesperson of its Media Committee, Mr Parry Saroh Benson, the committee said Obuah’s “persistent hammering on the security details of Abe gives cause for concern” saying “that was not the first time he (Obuah) had commented bitterly on what he perceived to be adequate security for Senator Abe. It said Obuah had done that during the first legislative re-run election campaign. “The attention of the media committee of Senator Magnus Abe Campaign Organisation has been drawn to comments by the chairman of PDP, Rivers State chapter, Mr Felix Obuah on the size of security details attached to Abe”, it said. “Ordinarily, we would have ignored his verbal

diarrhoea as coming from somebody lacking intellectual acumen and a product of a sick party that catapulted him to the position of a state party chairman, but his persistent hammering on the security details of Senator Abe gives cause for concern,” it noted. “That was not the first time he had commented bitterly on what he perceived to be adequate security for Abe. He had done that during the first legislative re-run election campaign”, the committee added. “This time around he is peeved, frustrated and disappointed that his hidden agenda did not work because of the presence of competent police operatives that beefed up security around Abe,” it noted. The committee further said: “This is coming at the heels of insecurity in the state of which Rivers people have fingered the PDP led by Obuah as responsible. Besides, Obuah had never been a democrat and his approach to politics had been of intimidation. Today, Omoku lies desolate because of his style of politics, where only those killed by the so called cultists were only APC members.”

said the association has done well in view of the challenging economic environment in the country. Adedoyin said OAAN is devising ways for members not just to survive but thrive as a business. One of which is to work closely with media independent agencies and advertisers to seek beneficial ways to all partners. The OAAN President said the association is doing its best to ensure that only members who are up to date in their annual dues are certified to practice warning all those who are yet to pay to do so. He said new certificates will be printed to render the previous one invalid. He said the association is in the process of amending the OAAN constitution to align it with current global trend in outdoor advertising. The president thanked everyone who contributed to the success of the 10 Poster Award which held in Lagos recently.

TUESDAY AUGUST 2, 2016 • T H I S D AY

CRIME&PUNISHMENT Robbers Storm Lagos Bank Premises, Kill Inspector, Civilian

Chiemelie Ezeobi

A four-man armed robbery gang yesterday trailed two bank customers, including a police inspector to the premises of a new generation bank at the Idimu area of Lagos, robbed and killed them in cold blood. THISDAY gathered that unknown to the inspector and the civilian, who wanted to withdraw money from the bank’s ATM and

banking hall respectively, the robbers were lying in wait for them to finish their transactions. While the inspector was shot in the head at close range as he made to exit the ATM stand, the other civilian , whose identity is yet unknown, was also shot as he exited the banking hall with the money he withdrew.The robbers would have escaped but for the quick alert of the operatives of the Rapid

Response Squad (RRS), who while responding to the distress call, engaged the gang in a shootout at Okunola street in Idimu. At the end of the operation, the operatives gunned down two of the armed robbery suspect, arrested one while the fourth gang member escaped successfully. The arrested suspect had since been taken to the Idimu Police Station, from where he was transferred

to the Lagos State Police Command Headquarters in Ikeja, for further investigations. The police were also able to recover their two operational motorbikes, as well as the two guns they used for the operation. Confirming the incident, the state Command Police Public Relations Officer, Dolapo Badmos, said the case had been transferred to the Special Anti Robbery Squad (SARS) for further investigation.

Offiicial of the Nigeria Customs Service destorying frozen foods siezed from smugglers in Lagos....yesterday

Police Investigate Death of Banker, Quiz Catholic Priest The Lagos State Police Command yesterday commenced investigation into the death of the 44-yearold Head of Operations at the Lekki Branch of First City Monument Bank (FCMB), Olisa Nwakobi, who allegedly shot himself in front of his priest. Contrary to earlier reports that he killed himself over a bad loan he gave to a client, preliminary investigations revealed that his death was because of personal frustrations. Although he was not being investigated for the death of the banker, THISDAY gathered that the Catholic priest in charge of Our Lady Star of the Sea Catholic Church, Northern Foreshore Estate, Lekki, was however quizzed. The Catholic priest was quizzed because he is ‘the first witness’, as the detectives attempted to unravel the true cause of the suicide. According to spokesperson of Lagos State Police Command, Dolapo Badmos, “We are not investigating the priest but being the first witness, we asked him some questions in order to aid our

investigation.” Initial reports had alleged that Nwakobi had gone to his priest at the Catholic Church to complain bitterly on how he approved a loan for a customer who had refused to service the loan. However, a source from the bank who spoke on account of anonymity, said the bank was not responsible for his death since there was no pressure on him from the management given that he was not the one that approved the loans that had become delinquent. The source alleged that the deceased had amassed the huge debt from personal commitments and was at the verge of “losing everything.” He said: “He was very worried when he once walked up to me to narrate his debt burden. I was shocked to hear that he had killed himself despite all the assurances I gave him just a night before. This is the most heartbreaking moment of my life.” Meanwhile, the Nwakobi family has described the deceased as a loving, unassuming and hardworking man who laboured to ensure a good life for himself, his family

Abubakar, as its Chair This was containe statement signed by Ag Executive Vice Ch

In Brief

Kalu Rues Serial Killing of Nigerians in South Africa Former Governor of Abia State, Dr. Orji Uzor Kalu, has condemned in strong terms the incessant killings of Nigerians especially of Igbo extraction in South Africa, noting that the barbaric act is capable of jeopardising the healthy bilateral relationship between South Africa and Nigeria. According to the frontline politician, Nigeria has over the years accommodated South Africans to the extent that over 150 South Africa companies are operating in Nigeria without any form of discrimination Kalu lamented the recent killings of Ikejiaku Chinedu (a native of Ogwa, Imo State), Gideon Ogalaonye (an indigene of Onitsha, Anambra State) at Limpopo province and Nnamadi Michael (an indigene of Enugu State) at Johannesburg last week. In a statement issued by his Special Adviser, Prince Kunle Oyewumi, Kalu said, “it is disheartening and shocking the way Nigerians are being killed in South Africa in cruel circumstances. “The barbaric behaviour of the perpetrators is not only unacceptable but also calls for urgent attention by diplomatic authorities in Nigeria and South Africa. “Considering the support and co-operation South Africans including South African business organisations are enjoying from the Nigerian government, I begin to wonder why such injustice is being meted out to Nigerians living in South Africa. As I am not in the know of what must have transpired between the deceased persons and their killers, I strongly believe that every country has its laws and no one should act above the law of the land, by taking the life of another person in a cruel manner. “In the interest of diplomatic ties, it is important for the South African government to, as a matter of urgency, investigate these incessant killings and prosecute the culprits in order to forestall future occurrence. “My heart goes out to the families of the deceased, the governments and people of Imo, Anambra and Enugu states while praying to God to grant the departed souls eternal rest and also give their families the fortitude to bear the sad losses” The former governor while calling on officials of the Nigerian embassy in South Africa to register their displeasure over the cruel killings with their hosts’ officials, added that it is the duty of the embassy to engage Nigerians living in South Africa periodically with a view to protecting their rights and privileges.

Two Fraudsters in Police Net Two young men, suspected to be experts in forging sensitive

WAR AGAINST SMUGGLING

Chiemelie Ezeobi

Agricom Field Services Network, a telecommunication company, at the weekend, appointed former Vice President, Atiku

as well as his neighbours. One of the family members who spoke on account of anonymity said: “There is hardly anything he has that he can’t give. I have always heard that good people die early, this is perhaps the best corollary of that parlance.

It is sad.” Until his death, the deceased was the Head of Operations at the Lekki Branch of FCMB which he joined more than a decade ago. He left behind his wife and 10-year old daughter

Task Force Commander Vows to Raid Criminal Hideouts in Plateau Seriki Adinoyi in Jos Special Task Force on security in Plateau (Operation Safe Haven), yesterday said it will in two weeks raid and dislodge all criminal hideouts in and around Jos, and ensure that the criminals are brought on their kneels in the state. The task force Commander, Major General Rogers Nicholas, who was posted to the state last week, ordered the Sector 1 commander, Col. Mohammed Musa, to raid and clear all criminals around Mista-Ali and other neighboring communities. He also urged the troops to apprehend and bring to his attention any security agent engaged in drug use. “We are not going to pity anybody, we are going to raid

some of these places where we have issues of drug barons, we will work with the NDLEA, and if you are caught you will be dealt with according to the law,” he warned. The commander said he will in the next few days hold meetings with youths and religious leaders, promising that the task force will contribute to the empowerment of idle youths in the state. Earlier, the Chief of Mista-Ali, Danladi Akinga Kasuwa, told the commander that the area had witnessed peace even at the height of ethno-religious crises in the state, but was currently being faced with increased armed robbery attacks. He appealed to the task force to ensure that the robbers are not spared.

federal and state governments documents have been picked up by the Police in Akwa Ibom State The duo Nsikak Atte, aged 27, from Okobo Local Government Area and Victor Joe, aged 30 years, from Urue Offong\Uruko Local Government Area of the state, were yesterday paraded at the State Police headquarters, Ikot Akpan-abia, Uyo. According to the State Commissioner of Police, Mr. Murtala Mani, the culprits were arrested based on intelligence reports generated by the command. Mani who was represented by the Police Public Relations Officer (PPRO) of the Command, Cordelia Nwawe, displayed before newsmen, fake certificates of the May/June and December/November 2015 West African Examinations Council produced by the suspects. One of the suspects, Joe, who allegedly printed the fake certificate was said to have been arrested while presenting the document for employment in the state. The co-suspect, Atte, admitted the crime, saying he got involved in producing fake appointment letters in the state because of the hard economic situation of the country.

Woman, 45, Escapes Death After Gang Rape A 45-year-old woman was on Sunday gang-raped and tortured

by gunmen in Abakaliki. The victim told the News Agency of Nigeria (NAN) that a group of armed men numbering about five, forcibly pulled her from the commercial tricycle (Keke) which she boarded. According to her, the gunmen subsequently forced her into the Keke they boarded and drove-off alongside two motorcycles they hired. “They took me to a swampy bush behind the San Diego Hotel, Kpirikpiri, Abakaliki, where they gang-raped, tortured and abandoned me thinking I was dead. “A good Samaritan came to my rescue and informed the police who took me to a hospital where I was placed on intensive medication,” she said. She said the attack was premeditated, alleging that the gunmen might had been hired by her estranged husband who hailed from Enugu “I reported him at the Family Law Centre,Abakaliki, over his incessant assault and inhuman treatment which causes me deep physical and emotional trauma “During the last sitting of the Centre’s court, he boasted that my case with him will end when I am ‘eliminated’ The Public Relations Officer of the Ebonyi Police Command , DSP George Okafor, who confirmed the story, assured that the command would get to the root of the matter “No arrest has been made so far on the issue, as we are currently concentrating on saving the woman’s life. “Investigations into the matter will, however, be pursued to its logical conclusion, to apprehend and prosecute the culprits,” he said.

T H I S D AY • WEDNESDAY,AUGUST 3, 2016

BUSINESS/MONEYGUIDE

FG Harps on Economic Diversification Ugo Aliogo The Minister of Science and Technology, Dr. Ogbonnaya Onu has said that the country needs to encourage local production in order to promote economic diversification. Onu, who disclosed this in Lagos during a courtesy visit to the tomato paste processing plant of Erisco Foods Limited yesterday, stated that no nation can become great without attaining self-sufficiency in food production. He explained that the country cannot continue to rely on oil and gas as its only economic mainstay, adding that a resilient economy is needed to withstand the shock arising from the falling crude oil prices. The minister stressed that the current administration was highly focused on attaining selfsufficiency in food production, noting that local production would help in the attainment of this goal. “Presently, Nigeria is the only

country that produces tomato twice a year. If local production is fully supported, the country will be in a position to produce tomato for local consumption and export. Relying on crude oil and natural gas has not helped the nation in the past. Whenever there is a fall in commodity pricing the shock is too much for us to bear. If we diversify the economy, other sub-sectors will help us stabilise and make it resilient. “What we are witnessing today is very significant, because it will make our economy strong and resilient in terms of food security. The administration will support the management of Erisco food limited in its drive. We commend your efforts at creating jobs, tackling poverty and growing the economy. “The cabinet of the President Muhammadu Buhari is highly focused and united to assist the president tackle the challenges facing the nation. Before, we came into office the signs

were there that the economy was in decline, therefore it will take time to reposition. In the development of any nation, science and technology plays a vital role, Nigeria has not totally embraced science and technology. I will ensure that we embrace it for development. We are also towards commercialising our research findings,” he said. In his address, the Chief Executive Officer, of Erisco Food Limited, Chief Eric Umeofia, stated that the tomatoes processing plant has a capacity of producing over 450,000 metric tonnes per annum in addition to producing other products, noting that the company has created employment opportunities for 2,052 workers as part of its commitment to help address unemployment challenges in the country. He said his firm has been purchasing forex from the black market to buy machinery and essential raw materials for its expansion.

Wema Bank Plans N20bn Bond Issuance Wema Bank Plc, which plans to expand its branch network this year, is to issue N20billion ($63 million) in bonds this month, its chief finance officer said on Monday. The bank is issuing local currency bonds after scrapping plans last year to issue a $100 million seven-year dollar bond because of currency risks. “We expect to open in a couple of weeks. We are awaiting final regulatory approvals and we expect to conclude the process this quarter,” Tunde Mabawonku told Reuters yesterday. Wema, which won regulatory approval last year to switch

from a regional to a national bank, plans to re-open branches in Nigeria which it closed to become a regional player, he said. Wema obtained shareholders’ approval in May to issue bonds or preference shares this year to raise N20 billion in the first tranche of a N50 billion programme, but market conditions then deteriorated. The naira has dropped 40 per cent since June, when Nigeria ditched its 16-month-old peg of N197 to the dollar in a bid to lure back foreign investors who had fled after a plunge in the price of oil, Nigeria’s economic mainstay.

Mabawonku said the mid-tier lender was watching debt markets closely for rates, adding that it had a target break-even rate at which it wanted to issue the notes. Nigeria’s one-year treasury bill is offering around 18 per cent yield, traders said. Yields on fixed income securities have been rising in recent months with the central bank mopping up naira liquidity to lure back foreigners. The central bank lifted interest rates by 200 basis points last week to 14 per cent to help fight inflation, which hit a 10-year high of 16.5 per cent in June.

Firm Launches First Online Auction Platform in Nigeria Nigerians who want to auction their properties can now do so as i-Naira Integrated Resources Limited has launched the first online auctioning platform in Nigeria. Speaking during the launch, CEO of the company, Mr. Hillary Nwaukor said the company through its auctioning platform will act as a middle man between merchants/vendors and consumers seeking for value bargains online. The company, he added, is a wholly owned Nigerian Company registered in 2011 as a Consumer Sales Promotion (CSP) company that is geared to provide value bargains for

hugely underserved consumers in Nigeria due to sales channels limitation. According to him, “Our goal is to help companies reach a broader consumer base in Nigerian beyond targets they would normally reach through their traditional channels. Our robust self-aware intelligent system is poised to show case merchandise on select category of items (fashion, electronics and households, autos, real estate) to consumers using promotion and auctioning as a tool.” He stated that firms such as consumer products vendors, asset management companies, insurance companies, banks, charity organisations are

welcome to showcase their items on the platform. Nwaukor pointed out that in auctioning, prices can start at zero, “but an auction will only close at a price within the agreeable terms between i-naira.com and the vendor that provided the item for sale. Some auctions are absolute while others are reserved auction. “Effectively, what this means is that an absolute auction can start and close at any amount and the last bidder wins the item but a reserved bid can start at any amount but must close at a reserved price acceptable by the vendor or at an amount higher before a winner can emerge.

Djibouti Joins Africa Finance Corporation Djibouti has become the newest member of Africa Finance Corporation (AFC), an international investment grade multilateral finance institution investing in key infrastructure projects across Africa. According to a statement, the country’s Minister of Investments in the Office of the President, Mr. Ali Guelleh Aboubaker, while commenting on his country’s membership expressed delight. He said the government of

Djibouti was committed to proactively investing in essential infrastructure to drive economic growth and, “doing what we can to attract international private investors to infrastructure investment opportunities. We look forward to working with AFC to deliver projects with real and positive economic and social impact across the country.” On his part, the President/ CEO of AFC, Andrew Alli said: “Djibouti is a small but important

market, with natural strengths as a transport and logistics hub thanks to the government’s successful free trade policies and its location at the gateway to the Red Sea. Djibouti offers some great investment opportunities and AFC is delighted to be assisting Djibouti to meet its full growth potential and to create jobs for its citizens.” Djibouti is the 14th country and the third east African country to join the AFC.

Onu

MARKET INDICATORS MONEY AND CREDIT STATISTICS

(MILLION NAIRA)

FEBRUARY 2016 Broad Money (M2)

20,489,166.72

-- Narrow Money (M1)

9,095,578.34

---- Currency Outside Banks

1,377,483.11

---- Demand Deposits

7,682,095.23

-- Quasi Money

11,429,588.38

Net Foreign Assets (NFA)

5,471,351.78

Net Domestic Assets(NDA)

15,017,814.94 22,414,322.75

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

3,424,029.62

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

4,807,604.55

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

1,383,574.93

---- Credit to Private Sector (CPS)

18,990,293.13

--Other Assets Net

7,396,507.81

Reserve Money (Base Money)

5,095,380.23

--Currency in Circulation

1,711,623.51

--Banks Reserves

3,383,756.72 • Source - CBN

MANAGED FUNDS Initial Price (N) Stanbic Balanced Fund

Buying Price(N)

Selling Price

1,660.29

1,685.29

Stanbic IBTC NEF

1,000.00

11,002.32

11,326.67.11

Stanbic SIBond

120.47

Stanbic IBTC Ethical

1.10

1.13

Stanbic IBTC GIF

142.90

143.38

UBA Balanced Fund

1.2563

1.2493

UBA Bond Fund

1.3443

UBA Equity Fund

0.8205

0.8074

UBA Money Market Fund

1.1510

ARM Aggressive Growth Fund

N13.0544

N13.4480

ARM Discovery Fund

N288.2515

N296.9425

ARM Ethical Fund

N22.5268

N23.2060

ARM Money Market Fund

13.1030 (Yield % ) • Monetary Policy Rate - 14%

OPEC DAILY BASKET PRICE AS AT FRIDAY, 29 JULY, 2016 The price of OPEC basket of fourteen crudes stood at $38.97 a barrel on Friday, compared with $39.79 the previous day, according to OPEC Secretariat calculations.The new OPEC Reference Basket of Crudes (ORB) is made up of the following: Saharan Blend (Algeria), Girassol (Angola), Oriente (Ecuador), Rabi Light (Gabon), Minas (Indonesia), Iran Heavy (Islamic Republic of Iran), Basra Light (Iraq), Kuwait Export (Kuwait), Es Sider (Libya), Bonny Light (Nigeria), Qatar Marine (Qatar), Arab Light (Saudi Arabia), Murban (UAE) and Merey (Venezuela). SOURCE: OPEC headquarters, Vienna

T H I S D AY • TUESDAY, AUGUST 2, 2016

Nigeria’s top 50 stocks based on market fundamentals

1-Aug-16

29-July-16

% Change

Capitalisation

EPS

P/E

P/S

Div. Yld

Price/ Book Value

01 Dangote Cement Plc

180.00

0.00%

3,067,291,332,900.00

11.57

15.56

5.93

4.44%

4.39

02 Nigerian Breweries Plc

134.00

137.99

-2.89%

1,062,499,518,992.00

5.37

25.70

3.96

2.61%

6.42

03 Guaranty Trust Bank Plc

24.29

24.05

1.00%

714,883,343,350.96

3.38

7.12

2.37

7.36%

1.63

837.50

850.00

-1.47%

663,849,611,050.00

29.95

28.38

4.45

3.41%

17.73

05 Zenith Bank Plc

16.71

16.91

-1.18%

524,635,411,164.06

3.33

5.08

1.27

10.64%

0.85

06 Lafarge Africa Plc

55.86

56.00

-0.25%

254,436,815,106.60

5.93

9.45

0.95

5.36%

1.45

07 Ecobank Transnational Incorporated

12.74

0.00%

233,773,282,479.10

0.71

18.01

0.43

4.87%

0.46

174.80

175.50

-0.40%

227,673,696,804.40

4.58

38.32

1.80

1.97%

4.97

4.64

4.55

1.98%

168,337,002,134.08

1.64

2.77

0.52

13.19%

0.50

297.83

0.00%

164,792,410,520.79

23.48

12.68

1.46

5.35%

0.59

5.50

5.58

-1.43%

159,103,843,970.50

2.48

2.25

0.47

9.86%

0.42

12 Presco Plc

38.85

0.00%

154,253,033,198.25

1.10

35.40

2.13

3.35%

3.67

13 Guinness Nig Plc

93.00

94.50

-1.59%

140,047,601,484.00

3.70

25.56

1.26

0.00%

3.21

14 Stanbic IBTC Holdings Plc

13.25

0.00%

132,500,000,000.00

2.04

6.51

1.12

0.75%

1.18

15 Unilever Nigeria Plc

35.00

34.65

1.02%

132,415,368,750.00

0.32

109.93

2.21

0.14%

16.38

04 Nestle Nigeria Plc

08 Forte Oil Plc. 09 United Bank for Africa Plc 10 Seplat Petroleum Dev. Co. Ltd 11 Access Bank Plc

16 FBN Holdings Plc

3.35

3.41

-1.76%

120,249,230,853.20

0.30

11.19

0.24

4.40%

0.20

133.00

0.00%

85,198,518,279.00

11.12

11.96

1.09

1.65%

3.55

6.65

7.00

-5.00%

79,800,000,000.00

0.96

7.28

0.83

7.14%

1.37

200.09

181.50

10.24%

67,934,924,365.33

11.92

15.23

0.30

7.71%

3.79

20 Julius Berger Nig. Plc

48.39

0.00%

63,874,800,000.00

1.85

26.18

0.48

3.10%

2.63

21 International Breweries Plc

19.34

19.38

-0.21%

63,710,781,075.20

0.64

30.32

3.45

1.29%

5.30

5.07

5.60

-9.46%

61,015,517,792.58

0.50

11.20

0.12

13.39%

0.43

162.00

0.00%

58,416,432,444.00

13.51

11.99

0.91

4.44%

3.80

21.50

20.20

6.44%

56,421,099,520.50

5.50

3.68

0.15

9.90%

0.55

17 7-Up Bottling Comp. Plc 18 Dangote Sugar Refinery Plc 19 Total Nigeria Plc

22 Oando Plc 23 Mobil Oil Nig Plc 24 Flour Mills Nig. Plc 25 Transnational Corporation Of Nigeria Plc

1.19

1.31

-9.16%

46,077,986,935.75

0.05

24.97

1.24

0.00%

0.58

20.73

0.00%

39,819,518,742.51

2.70

7.68

0.54

4.82%

0.54

27 Diamond Bank Plc

1.62

1.59

1.89%

37,519,830,128.16

0.18

8.67

0.17

0.00%

0.17

28 Sterling Bank Plc

1.19

1.25

-4.80%

34,260,597,569.94

0.36

3.50

0.33

7.20%

0.38

29 Fidelity Bank Plc

1.17

1.23

-4.88%

33,886,225,259.64

0.47

2.64

0.25

13.01%

0.19

35.00

33.66

3.98%

33,386,850,000.00

2.76

12.20

3.30

0.30%

2.66

31 FCMB Group Plc

1.41

1.40

0.71%

27,921,822,201.21

0.06

24.57

0.19

7.14%

0.17

32 Wema Bank Plc

0.71

0.74

-4.05%

27,387,870,917.51

0.06

12.27

0.62

0.00%

0.62

33 Cap Plc

37.00

0.00%

25,900,000,000.00

2.49

14.89

3.67

3.11%

17.04

34 Cadbury Nigeria Plc

13.56

14.27

-4.98%

25,468,419,662.40

3.21

4.45

0.80

9.11%

2.59

35 Custodian And Allied Insurance Plc

4.00

3.99

0.25%

23,527,456,780.00

0.72

5.52

0.74

3.51%

0.85

36 Mansard Insurance Plc

2.15

0.00%

22,575,000,000.00

0.16

13.58

1.36

2.33%

1.30

18.45

0.00%

22,063,921,203.60

0.72

25.75

0.72

1.63%

1.65

26 U A C N Plc

30 Okomu Oil Palm Plc

37 Glaxo Smithkline Consumer Nig. Plc 38 National Salt Co. Nig. Plc

8.19

8.09

1.24%

21,698,900,315.82

0.79

10.18

1.32

6.80%

3.02

39 PZ Cussons Nigeria Plc

17.60

18.60

-5.38%

17,600,000,000.00

3.28

5.67

1.64

0.54%

0.83

40 Honeywell Flour Mill Plc

1.60

1.52

5.26%

12,688,316,252.80

0.14

10.76

0.25

10.53%

0.56

41 Unity Bank Plc

1.02

0.00%

11,923,124,700.84

0.54

1.88

0.19

0.00%

0.14

42 Continental Reinsurance Plc

1.07

0.00%

11,098,836,413.84

0.19

5.57

0.54

11.21%

0.67

43 Skye Bank Plc

0.70

0.00%

9,716,210,987.00

0.85

0.82

0.07

42.86%

0.07

44 Cement Co. Of North.Nig. Plc

6.65

6.99

-4.86%

8,356,907,143.90

0.96

7.31

0.67

1.43%

0.87

45 Wapic Insurance Plc

0.50

0.00%

6,691,369,126.00

0.10

5.16

0.94

6.00%

0.45

46 Nigerian Aviation Handling Company Plc

4.00

0.00%

6,496,875,000.00

0.26

15.57

0.79

5.00%

1.06

47 UACN Property Development Co. Limited

3.60

0.00%

6,187,499,982.00

1.81

1.99

0.55

19.44%

0.19

48 Resort Savings & Loans Plc

0.50

0.00%

5,664,866,202.00

4.68

0.11

0.02

0.00%

1.89

49 AIICO Insurance Plc

0.73

0.74

-1.35%

5,059,049,270.40

0.28

2.68

0.16

6.76%

0.53

50 Fidson Healthcare Plc

1.91

1.92

-0.52%

2,865,000,000.00

0.31

6.26

0.42

2.60%

0.45

TOTAL

8,982,956,031,029.87

TOTAL MARKET CAP

9,562,661,890,231.05

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

93.94%

Table 1 Market Statistics Mkt Indicators

Open 29-Jul-16

NSE All Share Index NSE Market Cap (N'Trillion)

28,009.93 9.62

27,843.00 9.56

-0.60% -0.60%

116.07 9.04

115.37 8.98

-0.60% -0.60%

Thisday BGL 50 Index Thisday BGL 50 Market Cap (N'Trillion)

Close 1-Aug-16

Change %

Table 3 Top 5 Gainers Stock

Open 29-Jul-16

Total Nigeria Plc Flour Mills Nig. Plc Honeywell Flour Mill Plc Okomu Oil Palm Plc United Bank for Africa Plc

181.50 20.20 1.52 33.66 4.55

Close Change % 1-Aug-16 200.09 21.50 1.60 35.00 4.64

10.24% 6.44% 5.26% 3.98% 1.98%

Table 4 Top 5 Losers Stock

Open 29-Jul-16

Oando Plc Transnational Corporation Of Nigeria Plc PZ Cussons Nigeria Plc Dangote Sugar Refinery Plc Cadbury Nigeria Plc

Close Change % 1-Aug-16

5.60 1.31

5.07 1.19

-9.46% -9.16%

18.60 7.00 14.27

17.60 6.65 13.56

-5.38% -5.00% -4.98%

Trading week starts bearish as ASI declines 0.60% Market pulse on the Nigerian Stock Exchange (NSE) today – Monday, August 1, 2016 closed bearish as the stock market closed red due to cautious trading. However, this was further highlighted by negative performances from all the NSE sub-sectors: Banking, Insurance, Consumer Goods and Oil & Gas. Trading activities decreased in volume as 331.69 million shares worth N4.75 billion in 4,114 deals exchanged hands today. This is a decrease from the 442.53 million shares worth N4.65 billion in 4,427 deals exchanged on Friday. Topping in volume terms was FCMB Group Plc, GTB Plc and United Bank for Africa Plc while GTB Plc and Dangote Cement Plc ended trading as the most active stocks in value terms. The All Share Index (NSEASI) closed negative with a 0.60% (-166.93) decrease to close at 27,843.00 from 28,009.93 the previous trading day. Market Capitalization depreciated in tandem to N9.56 trillion from N9.62 trillion of prior trading day. The Thisday BGL 50 Index also followed suit with a decrease of 0.60% to close at 115.37 from 116.07 recorded at the end of the previous trading day, while its market capitalization stood at N8.98 trillion from N9.04 trillion of the previous trading day. A total number of 15 stocks gained on the bourse today while 28 stocks declined, 59 leaving stocks unchanged. Total Nigeria Plc emerged the day’s toast of investors as it topped the Thisday BGL 50 Index gainers’ list with a gain of 10.24% to close at N200.09 per share. It was followed by Flour Mills Nig. Plc with a gain of 6.44% to close at N21.50 per share. Others on the gainers list include: Honeywell Flour Mill Plc, Okomu Oil Palm Plc and United Bank for Africa Plc, while on the decliners’ list; Oando Plc led with a loss of 9.46% to close at N5.07 per share. It was followed by Transnational Corporation Of Nigeria Plc with a loss of 9.16% to close at N1.19 per share. Others on the losers list include: PZ Cussons Nigeria Plc, Dangote Sugar Refinery Plc and Cadbury Nigeria Plc.

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

For more details go to www.thisdaylive.com

T H I S D AY • WEDNESDAY,AUGUST 3, 2016

MARKET NEWS

Forte Oil Boss Explains Impressive Half-year Performance Goddy Egene and Eromosele Abiodun

The Group Chief Executive Officer of Forte Oil Plc, Mr. Akin Akinfemiwa, has attributed the impressive half-year performance of the company to aggressive sale drive, strategic retail acquisition, and prudent approach to cost containment. Forte Oil reported a revenue of N84.475billion for the half

year ended June 30, 2016, showing an increase of 38 per cent, from N61.168billion in the corresponding period of 2015. Profit before tax (PBT) rose by 31 per cent from N3.255billion to N4.250billion in 2016. Speaking at the ‘Facts behind the figures’ presentation of the company at the Nigerian Stock Exchange (NSE) yesterday, Akinfemiwa said revenue grew as a result of ongoing

strategic retail acquisitions across the country, increase in pump price of premium motor spirit and increased commercial customer base for both fuels and lubricants. According to him, gross margins increased by 48 per cent to N12.3 billion, from N8.32 billion largely due to aggressive drive and focus on higher margin products, efficient product sourcing

and sales through profitable channels. “PBT rose 31 per cent to N4.25 billion in H1, 2016 compared to N2.53 billion in the same period in H1 2015 largely due to our prudent approach to cost containment. Forte Oil’s total assets increased by 12 per cent from N121.8 billion to N136 billion driven by over N10 billion paid so far for the major overhaul exercise at Forte Oil’s 414MW

Geregu power plant aimed at optimising and increasing its generation capacity from 414MW to 435MW. This business segment of Forte Oil Plc remains our key growth driver,” he said. He explained that the power business contributed five per cent to revenue of the group and 15 per cent to PBT as a result of low generation due to ongoing overhaul project and gas supply constraints due to the security

challenges in the Niger delta region. Looking ahead, the Forte Oil boss said the company would focus on high margin products, fully exploit LPG business particularly, LPG retailing, bottle refilling, optimise and expand Geregu Power Plant Asset, diversify into upstream space through profitable acquisition of upstream assets and uptmising working capital structure.

DAILY STOCK MARKET REPORT T H E

N I G E R I A N

STO C K

Prices for Securities Traded as of 19/04/2016 Printed 19/04/2016 16:42:26.026

Price List (Equities) PRICES FOR PREMIUM BOARD SECURITIES FINANCIAL SERVICES S/N 1 BANKING S/N 2 OTHER FINANCIAL INSTITUTIONS FINANCIAL SERVICES INDUSTRIAL GOODS S/N 3 BUILDING MATERIALS INDUSTRIAL GOODS PREMIUM BOARD TOTALS Price List (Equities) PRICES FOR MAIN BOARD SECURITIES AGRICULTURE S/N 5 6 CROP PRODUCTION S/N 7 FISHING/HUNTING/TRAPPING S/N 8 LIVESTOCK/ANIMAL SPECIALTIES AGRICULTURE CONGLOMERATES S/N 9 12 13 14 DIVERSIFIED INDUSTRIES CONGLOMERATES CONSTRUCTION/REAL ESTATE S/N BUILDING CONSTRUCTION S/N BUILDING STRUCTURE/COMPLETION/ OTHER S/N 18 INFRASTRUCTURE/HEAVY CONSTRUCTION S/N 20 REAL ESTATE DEVELOPMENT S/N REAL ESTATE INVESTMENT TRUSTS (REITS) CONSTRUCTION/REAL ESTATE CONSUMER GOODS S/N 24 AUTOMOBILES/AUTO PARTS S/N 25 26 27 28 30 BEVERAGES--BREWERS/DISTILLERS S/N 32 BEVERAGES--NON-ALCOHOLIC S/N 33 34 35 37 38 39

E XC H A N G E

FOOD PRODUCTS BANKING ZENITH INTERNATIONAL BANK PLC OTHER FINANCIAL INSTITUTIONS FBN HOLDINGS PLC

MARKET CAP(Nm)

PRICE

%CHANGE

TRADES

VOLUME

361,687.61

11.52

1.95

363

29,713,738

363

29,713,738

TRADES

VOLUME

S/N 46

MARKET CAP(Nm)

PRICE

%CHANGE

119,890.28

3.34

1.21

BUILDING MATERIMARKET ALS CAP(Nm) DANGOTE CE2,743,521.69 MENT PLC

CROP PRODUCTION OKOMU OIL PALM PLC. PRESCO PLC FISHING/HUNTING/ TRAPPING ELLAH LAKES PLC. LIVESTOCK/ANIMAL SPECIALTIES LIVESTOCK FEEDS PLC. DIVERSIFIED INDUSTRIES A.G. LEVENTIS NIGERIA PLC. S C O A NIG. PLC. TRANSNATIONAL CORPORATION OF NIGERIA PLC U A C N PLC.

S/N

207

6,119,620

207 570

6,119,620 35,833,358

PRICE

%CHANGE

TRADES

VOLUME

161.00

-0.02

517,962

49 49 619

517,962 517,962 36,351,320

PRICE

%CHANGE

TRADES

-4.75

92,552

MARKET CAP(Nm)

8 25

10,400 102,952

PRICE

%CHANGE

TRADES

VOLUME

511.20

4.26

MARKET CAP(Nm)

PRICE

%CHANGE

TRADES

VOLUME

1,900.00

0.95

-1.04

4,571,285

39 64

4,571,285 4,674,237

3.95

70,000

2,573.31

3.96

100

40,657.05

1.00

4.17

3,159,111

35,401.53

18.43

-5.00

49 123 123

474,908 3,704,119 3,704,119

BUILDING CONSTRUCTION

MARKET CAP(Nm)

PRICE

%CHANGE

TRADES

VOLUME

BUILDING STRUCTURE/COMPLETION/OTHER

MARKET CAP(Nm)

PRICE

TRADES

VOLUME

38,721

DANGOTE SUGAR REFINERY PLC FLOUR MILLS NIG. PLC. HONEYWELL FLOUR MILL PLC N NIG. FLOUR MILLS PLC. NASCON ALLIED INDUSTRIES PLC P S MANDRIDES & CO PLC.

PERSONAL/HOUSEHOLD PRODUCTS CONSUMER GOODS FINANCIAL SERVICES

35.01

0.79

FOOD PRODUCTS

30.48

2,091.36

BEVERAGES-NON-ALCOHOLIC 7-UP BOTTLING COMP. PLC.

29,075.18

VOLUME

BEVERAGES-BREWERS/DISTILLERS CHAMPION BREW. PLC. GOLDEN GUINEA BREW. PLC. GUINNESS NIG PLC INTERNATIONAL BREWERIES PLC. NIGERIAN BREW. PLC.

S/N

35,010.00

TRADES

AUTOMOBILES/ AUTO PARTS DN TYRE & RUBBER PLC

HOUSEHOLD DURABLES

%CHANGE

REAL ESTATE INVESTMENT TRUSTS (REITS)

FOOD PRODUCTS--DIVERSIFIED

VOLUME

PRICE

REAL ESTATE DEVELOPMENT UACN PROPERTY DEVELOPMENT CO. LIMITED

S/N

MARKET CAP(Nm)

INFRASTRUCTURE/HEAVY CONSTRUCTION JULIUS BERGER NIG. PLC.

%CHANGE

MARKET CAP(Nm)

PRICE

%CHANGE

TRADES

VOLUME

56,760.00

43.00

19,910

MARKET CAP(Nm)

PRICE

%CHANGE

TRADES

VOLUME

6,875.00

4.00

14,068

TRADES

VOLUME

0 15

0 72,699

MARKET CAP(Nm)

PRICE

%CHANGE

MARKET CAP(Nm)

PRICE

%CHANGE

TRADES

VOLUME

2,386.33

0.50

528,000

MARKET CAP(Nm)

PRICE

%CHANGE

TRADES

VOLUME

24,271.44

3.10

44,869

242.22

0.89

1,000

150,347.88

99.84

0.35

123,324

65,884.99

20.00

500

812,732.84

102.50

-1.91

131

769,295

181

938,988

MARKET CAP(Nm)

PRICE

%CHANGE

TRADES

VOLUME

94,166.78

147.00

9,320

MARKET CAP(Nm)

PRICE

%CHANGE

TRADES

VOLUME

62,040.00

5.17

154,689

50,805.23

19.36

252,519

58 59 60 BANKING S/N 61 62 63 65 67 70 73 74 77 80 83 87 INSURANCE CARRIERS, BROKERS AND SERVICES S/N 89 MICRO-FINANCE BANKS S/N 91 94 MORTGAGE CARRIERS, BROKERS AND SERVICES S/N 95 96 98 102 103 OTHER FINANCIAL INSTITUTIONS FINANCIAL SERVICES HEALTHCARE S/N HEALTHCARE PROVIDERS

10,547.16

1.33

-3.62

2,388,046

1,185.03

6.65

3,000

19,605.84

7.40

553,393

S/N

214.00

5.35

100

108

S/N MEDICAL SUPPLIES

TIGER BRANDED CONSUMER GOODS PLC FOOD PRODUCTS-DIVERSIFIED CADBURY NIGERIA PLC. NESTLE NIGERIA PLC. HOUSEHOLD DURABLES VITAFOAM NIG PLC. PERSONAL/ HOUSEHOLD PRODUCTS P Z CUSSONS NIGERIA PLC. UNILEVER NIGERIA PLC.

12,050.00

MICRO-FINANCE BANKS NPF MICROFINANCE BANK PLC MORTGAGE CARRIERS, BROKERS AND SERVICES ASO SAVINGS AND LOANS PLC UNION HOMES SAVINGS AND LOANS PLC. OTHER FINANCIAL INSTITUTIONS AFRICA PRUDENTIAL REGISTRARS PLC CUSTODIAN AND ALLIED PLC FCMB GROUP PLC. STANBIC IBTC HOLDINGS PLC UNITED CAPITAL PLC

4.78

1,030,185

156

4,381,932

MARKET CAP(Nm)

PRICE

%CHANGE

TRADES

VOLUME

27,741.04

14.77

59,932

507,307.93

640.01

37,119

97,051

MARKET CAP(Nm)

PRICE

%CHANGE

TRADES

VOLUME

5,326.78

5.42

203

203 VOLUME

MARKET CAP(Nm)

PRICE

%CHANGE

TRADES

80,799.21

20.35

-4.10

95,908

110,661.42

29.25

114,024

56 494

209,932 6,165,426

MARKET BANKING CAP(Nm) ACCESS BANK 107,033.50 PLC. DIAMOND BANK 31,034.92 PLC ECOBANK TRANSNATIONAL 269,738.40 INCORPORATED FIDELITY BANK 33,900.51 PLC GUARANTY TRUST 462,069.51 BANK PLC. SKYE BANK PLC 14,157.91 STERLING BANK 44,913.05 PLC. UNION BANK NIG. 76,888.56 PLC. UNITED BANK FOR 119,722.44 AFRICA PLC UNITY BANK PLC 7,948.75 WEMA BANK PLC. 28,545.10 INSURANCE CARRIERS, BROKERS AND SERVICES AFRICAN ALLIANCE INSURANCE COMPANY PLC AIICO INSURANCE PLC. AXAMANSARD INSURANCE PLC CONTINENTAL REINSURANCE PLC EQUITY ASSURANCE PLC. GUINEA INSURANCE PLC. LASACO ASSURANCE PLC. LAW UNION AND ROCK INS. PLC. N.E.M INSURANCE CO (NIG) PLC. REGENCY ALLIANCE INSURANCE COMPANY PLC STANDARD TRUST ASSURANCE PLC WAPIC INSURANCE PLC

2.41

PRICE

%CHANGE

TRADES

VOLUME

3.70

2.21

188

6,139,279

1.34

-4.96

2,608,620

14.70

5.00

1,153,190

1.17

-0.85

5,918,400

15.70

2.28

288

29,811,746

1.02

0.99

3,104,469

1.56

576,721

4.54

-4.82

286,712

3.30

3.13

251

62,208,549

0.68 0.74

-2.86 1.37

MARKET CAP(Nm)

PRICE

%CHANGE

TRADES

VOLUME

10,292.50

0.50

1,000

4,781.84

0.69

549,318

22,050.00

2.10

2.94

105,293

10,683.93

1.03

1.98

850,400

7,000.00

0.50

5,085,907

3,070.00

0.50

16,800

3,661.72

0.50

1,924.91

0.56

-3.45

9,713,044

4,224.40

0.80

3.90

10,627,354

3,334.38

0.50

3,070.54

0.50

2,100

6,691.37

0.50

8,840

148

26,960,106

MARKET CAP(Nm)

PRICE

%CHANGE

TRADES

VOLUME

2,652.50

1.16

318,000

16 5,214,403 13 6,539,600 1,034 123,561,689

MARKET CAP(Nm)

PRICE

%CHANGE

TRADES

VOLUME

7,370.87

0.50

150,100

4,179.69

4.28

500

150,600

MARKET CAP(Nm)

PRICE

%CHANGE

TRADES

VOLUME

5,000.00

2.50

2.88

1,158,851

22,939.27

3.90

27,745

18,812.58

0.95

1.06

8,033,669

143,000.00

14.30

7,734

8,880.00

1.48

1.37

125

9,734,304

284 18,962,303 1,481 169,952,698

HEALTHCARE PROVIDERS

MARKET CAP(Nm)

PRICE

MEDICAL SUPPLIES

MARKET CAP(Nm)

PRICE

PHARMACEUTICALS FIDSON HEALTHCARE PLC

MARKET CAP(Nm) 3,225.00

%CHANGE

TRADES

VOLUME

%CHANGE

TRADES

VOLUME

PRICE

%CHANGE

TRADES

VOLUME

2.15

2.38

163,315

T H I S D AY • TUESDAY, AUGUST 2, 2016

TUESDAYSPORTS

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

R I O 2 0 1 6 O LY M P I C S

Nigeria’s Dream Team to Finally Hit Brazil Today

The send forth reception for Team Nigeria on Sunday at the High Performance centre, Package B of the National stadium, Abuja Femi Solaja Nigeria’s Under-23 male football team whose preparation for the Rio2016 Olympic Games at its Atlanta camp has been hampered by poor funding is to finally depart USA today for Manaus, venue of its first game with Japan on Friday. The team was originally scheduled to fly out of Atlanta for Rio last Friday but could not as the Federal Ministry of Youth and Sports failed to provide the tickets to enable the team travel out of America as a group. The trip was eventually shifted to yesterday with the Nigeria Football Federation officials considering the possibilities of chartering a plan to fly the team directly to Brazil rather than the Dream Team leaving for the Games in batches. That option too could not materialise as planned yesterday.

But the visit of the Sport Minister, Solomon Dalung, to the football team and the basketball teams in America however brought some reliefs to the already embattled teams whose Olympic preparation have been tagged the worst by Team Nigeria in the last two decades. Dalung, according to his Special Assistant (media), Nneka-Ikem Anibeze, had a discussion with the Dream Team Captain, John Mikel Obi, on the state of welfare of the players in America and promised that arrangements have been concluded to airlift the team to Manaus, Brazil venue of their first game in a chartered plane today. He said clearance has also been obtained from the International Olympic Committee (IOC) in Rio to facilitate smooth flight operations. The arrival of Dream Nigeria

NFPL

in the South American nation may coincide with when Team Nigeria contingent that left Lagos yesterday for the games will touch down in Brazil. The minister, it was learnt, was not happy with the conditions and welfare of the players as he restated that the ministry was not carried along in line with approved training and camping programs for the games.

“There is no doubt that the ministry was not considered while plans were being made for the Olympic football team. Nevertheless, we shall intervene to remedy the situation. I have appealed to the captain to assume control of the team and restore sanity. For officials who decided to violate the code of their profession and take to media rampage to secure

cheap blackmail, their conduct will definitely be measured with existing rules. We have decided to restore sanity and discipline in Team Nigeria. We shall stop at nothing to sanction any conduct that is not within the code of Rio operations. All federations are hereby directed to stick to the rules” Dalung said. The U-23 team will play

Japan on Aug 4, 2016. They are in Group B also with Columbia and Sweden. The sport minister had earlier arrived in the Hotel ICON Houston camp of the men’s national basketball team to cheer the D’Tigers in their last friendly match against the star studded USA team. D’Tigers is billed to leave today for Rio2016.

G’Eaglets to Face Junior Menas in Abuja The Nigeria Football Federation (NFF) has picked Saturday, August 6, and the National Stadium, Abuja to host this weekend’s CAF U-17 Africa Cup of Nations qualifying match between the Golden Eaglets and Junior Menas of Niger Republic. Nigeria’s Eaglets, who won a record fifth FIFA U-17 World

Cup trophy in Chile last year, were drawn bye into the second round by CAF in the race towards Madagascar 2017 and will now start their quest against their familiar foes in the Junior Menas. Last year, the Eaglets came fourth at the continental cadet championship hosted by Niger Republic, where they inflicted a

2-0 defeat on the Junior Menas in front of their fans at the Stade Général Seyni Kountché in Niamey. Incidentally, Saturday’s match will be the fourth encounter between both sides in the last four years with the Golden Eaglets also claiming a 10-1 aggregate win in the qualifiers for the 2013

Africa U-17 Cup of Nations hosted by Morocco. Meanwhile, ahead of Saturday’s qualifier, the Golden Eaglets will on Wednesday tackle Piloter Football Academy of Kaduna at the National Stadium, Abuja in what will be their seventh friendly match against local teams.

Rangers Coach, Amapakabo Sure GTBank-Ogun State Principals’Cup Finals Holds Today Methodist Comprehensive given N750,000.00, N500,000.00 MKO Abiola International first final. of Breaking Team’s 32-year Wait The Emerging from the Egba, College. Both schools will be and N350,000,00 respectively in Stadium, Abeokuta will today host

Enugu Rangers head coach Imama Amapakabo has said his team has the belief required to be crowned champions of the Nigeria Professional Football League at the end of the season. The Flying Antelopes’s 1-1 draw away at Enyimba took them to the top of the standings, and Amapakabo insists they will remain the top team come the end of the season. “Nobody gave us a chance [to be where we are] at the beginning of the season,” Amapakabo

toldSupersport.com. “However, I have never been under pressure. “Fans of Rangers International have waited 32 years [for the league title to return to Enugu]. “At this stage of the season, we are so close to our target and cannot say it cannot happen. “We have a new hashtag which is to believe. We believe we will win the title.” Rangers’ next game is against MFM FC at the Nnamdi Azikiwe Stadium on August 7.

the finals of the GTBank-Ogun State Principals Cup. The much anticipated fixtures will light up the Rock City as thousands of football lovers and supporters from the Egba, Ijebu, Remo, and Yewa divisions of the state will troop to Kuto to witness the soccer spectacle. The girls will kick off the day’s encounter as defending champions, Muslim High School seek to retain their title as they take on Iganmode Grammar School, who are playing in their

and Yewa divisions respectively, both schools have 30 goals to their credit, and are expected to raise the tally in the final. The Iganmode girls have conceded the least number of goals in the competition so far, and will be looking to tighten their defense against the leading scorer of Muslim High School, Iyabo Ajani who scored a hat trick in the 4-0 semifinal victory against Makun High School. In the boys’ category, Alamuwa Grammar School will take on

playing in the finals for the first time. The Methodist team goes into the game as favorites having knocked out last season’s winners, Pakoto High School by 4 -1 in the semifinals. The match is expected to be full of action and entertaining as both teams are relatively equal in strength, and play very aggressive attacking football. Winners will be rewarded with the sum of N1,000,00.00, while the 1st ,2nd, 3rd runners-up will be

both male and female categories. Commenting on the significance of the competition in Nigeria’s educational framework, the MD/ CEO of Guaranty Trust Bank plc Mr. Segun Agbaje, believes “the competition paves the way for youths to cultivate their sporting talents, while fostering and building a healthier lifestyle at a critical stage in their lives”. He enjoined the students to imbibe the spirit of fair play, hard work, and discipline, which are some of the core values of GTBank.

TUESDAY, august 2, 2016 • T H I S D AY

TUESDAYSPORTS R I O O LY M P I C S S P E C I A L

Russia to Appeal against Weightlifting Ban The Russian weightlifting federation will appeal against the ban imposed on its team for the Rio Olympics. Individual sport federations must rule on whether Russians

can compete in Rio following the country’s doping scandal. The International Weightlifting Federation excluded the eight Russians entered for Rio last week after

a report into state-sponsored doping. The appeal will go to the Court of Arbitration for Sport before the Games, which start

on 5 August. Two of the eight-strong weightlifting team had already been banned for prior doping violations, and another four

were named in Dr Richard McLaren’s report into the issue. The World Anti-Doping Agency had recommended all Russian athletes be excluded

from Rio 2016, but weightlifting and athletics are the only sports to have imposed a blanket ban on competitors from the country.

Rodionova Sisters Join Rio Train Australian tennis sisters Arina and Anastasia Rodionova were handed a late Olympic callup for the women’s doubles yesterday. “Today we were notified that there was a withdrawal from the women’s doubles and as first reserves Anastasia and Arina Rodionova have now received a place,” said Australian team chief Kitty Chiller at the Rio Games. “The girls will be our ninth set of siblings in the Australian Olympic team.” Anastasia, 34, will be competing at her second Games while Arina, 26, will be making

her Olympic debut. Samantha Stosur and Daria Gavrilova will also be representing Australia in the doubles. The Rodionova sisters last played together at the French Open in May. It was not immediately confirmed who had pulled out of the doubles draw. However, the Slovak tennis federation said earlier that Dominika Cibulkova, ranked 11th in the world in singles, had withdrawn from the Games due to a leg injury. She had also been due to compete in doubles with Anna Karolina Schmiedlova.

Frot Group Lifts Quadri, Toriola for Rio Olympic Games In continuation of its support to table tennis in Nigeria, Frot Group has again put words to action by support Aruna Quadri and Segun Toriola in their quest for glory at the Rio 2016 Olympic Games in Brazil. The chairman of Frot Group, Frank Momoh has been supporting sports in Nigeria while he extended the gesture to the Nigeria Table Tennis Federation (NTTF) during the 2016 ITTF World Tour tagged Nigeria Open. For the president of NTTF, Wahid Oshodi, the gesture would motivate the players in their quest to make the country proud in Brazil. “This support for Segun Toriola and Aruna Quadri will greatly encourage and assist our top players in their quest to put up a good performance in the Olympics and other upcoming tournaments. It will help in reducing the financial strain incurred by the players in traveling and buying equipment. Playing at world level carries a lot of expenses and the support from Frot Group will go a long way in assuaging the financial burden on the players. We are very grateful to the Chairman Of Frot Group, Mr. Frank Momoh for making this possible.” He added: “Mr Momoh is a well-known supporter of sports in Nigeria and by this act has further shown his commitment to the development of Table Tennis. You will remember that Frot Group was a major partner to the NTTF at the much heralded 2016 ITTF NIGERIA Open. This is a very good synergy as it helps to bring the skills of two world class table tennis players to the fore and highlights the commitment of a leading

NIGERIAN company to support sports and our athletes. It is this kind of support that will surely assist our athletes to compete against the best in the world: I urge other major companies to help our youths further develop their talents by emulating this worthy feat.” Meanwhile, a member of With Team Nigeria in the men’s team event of the Rio Olympic Games, Bode Abiodun believes with the new system of play introduced by ITTF would give every team equal chance to make the podium in Brazil. The Portugal-based player said that he was excited attending his first Olympic Games , while admitting that the presence of veteran Segun Toriola would inspire the three-man team to do well and not just participating . “I am so happy making my first appearance at the Olympic Games because this is the biggest sporting event in the world and it is the dream of every athlete to make it to the Olympic Games. Also I know that nobody focuses on us because they see us an underdog but I must say that we are going to Rio to make our presence count. The new playing system introduced by ITTF has given all the 16 participating equal opportunity to make it to the podium. Being the continent’s representative, we will surely make impact in Rio,” Abiodun said. The 2014 Commonwealth Games bronze medalist will join Toriola and 2014 ITTF Star Player to compete in the men’s team event of the Rio Olympic Games in Brazil when the table tennis event serves on August 6.

Nigeria’s Table tennis team shortly before their departure to Brazil yesterday for the Rio 2016 Olympic Games

Yadav Failed Drugs Test Result of ‘Sabotage’ Indian wrestler Narsingh Yadav’s failed drugs test was a result of “sabotage”, according to a ruling by his country’s anti-doping disciplinary panel. He tested positive for banned substances but claimed his food was spiked with steroids by two fellow wrestlers and made a police complaint. The 26-year-old was

provisionally suspended from competing at the Rio Olympics and replaced by Parveen Rana. However, India’s wrestling federation (WFI) will now try to reinstate Yadav. The WFI says it will write to the World Anti-Doping Agency (Wada) and United World Wrestling (UWW) regarding the issue.

“There is no fault or negligence on the athlete’s part and he is a victim of sabotage,” said Navin Agarwal, the National Anti-Doping Agency’s director-general. Yadav was picked over two-time Olympic medallist Sushil Kumar after he won India’s quota place with bronze at last year’s World

Championships. “I want to thank everyone who supported me,” he said. “It’s a triumph for truth. Now I want to go to Rio and bring back a medal for India.” Indian shot put champion Inderjeet Singh also claimed he had failed a drugs test because of a “conspiracy” against him.

Juninho Tasks Neymar to Control His Emotion Former Brazil midfielder Juninho says Neymar must display “emotional control” if he is to deliver his country’s first football gold medal at Rio 2016. Success at the Olympics is the only major football honour to elude the Selecao, with pressure ramped up to break that run on home soil when the football competition kicks off on August 4.

Brazil captain Neymar’s last international tournament ended in disgrace as he was sent off after the final whistle of Brazil’s 1-0 Copa America defeat to Colombia in 2015, earning him a four-match ban which ruled him out of the remainder of the event. Having sat out this year’s Copa America to focus on the Olympic Games, former

Middlesbrough star Juninho – an Olympic bronze medallist in 1996 - says the Barcelona attacker must display more control as he leads his country. “Neymar is a different player, I think he is unique,” Juninho told Omnisport. “When the ball lands on his foot everybody expect a goal. He is decisive on the national team.

“He must have extra emotional control, because he knows his importance on the Selecao. The team feels the difference and know how important Neymar is. “He needs an emotional control. I believe that Brazil can win the Olympics 2016 with his help. I think Brazil has great players and they can bring the dream of the victory.”

SWAN President Urges Team Nigeria Athletes to Be Good Ambassadors at Rio Games The President of Sports Writers Association of Nigeria (SWAN), HonourSirawoo, has urged Nigerian athletes departing for the Rio Olympics in Brazil to be good ambassadors and shun acts which could tarnish the image of the country. Sirawoo stated this in an interview with journalists shortly after watching the Lagos SWAN Cup finals at the National Stadium in Lagos, organised by the Lagos State chapter of the Association. He described as unfortunate the disqualification of Nigeria’s

4x400m women’s relay team following Tosin Adeloye testing positive to performance enhancement drugs despite the admonitions of President Muhammadu Buhari to the athletes on the danger of drugs. While further cautioning the athletes to refrain from taking performance enhancing drugs, he tasked them to learn from what happened to Russia and her athletes who have been embroiled in drug scandal. “A good name is better than gold. It is better to perform using

your natural talent than taking drugs. No matter how hard you try to cheat, you will be caught one day and the effect would not only be devastating, but affect the character of our country.” The SWAN president emphasised that sports writers as key stakeholders in the development of sports in Nigeria, would not shield or pamper any athlete or official found wanting, saying the integrity of the corporate name called Nigeria was bigger than every medal.

Sirawoo, therefore tasked the athletes to not only compete with every sense of professionalism and integrity but show the resilience that is associated with Nigerians and bring home laurels that would make the country proud. “As you depart for Brazil, sports writers are behind you to excel and make history for yourselves and the country. Nigerians are praying for you and we want you to bring honour and glory to this country,” he said.

T H I S D AY TUESDAY AUGUST 2, 2016

Tuesday August 2, 2016

UT H

& RE A S O

Price: N250

MISSILE Falana to SSS “Having regard to the recent activities of the SSS and the clear provisions of the relevant laws on investigation on corruption and other economic and financial crimes, the SSS lacks the moral right and legal powers to interfere in the investigation of criminal allegation of padding of the budget in any manner whatsoever.” – Lagos-based lawyer, Femi Falana, berating the SSS for sealing the House of Representatives Appropriation Committee’s Office.

eniola.bello@thisdaylive.com

@eniolaseni 08055001956

Their Democracy, Our Demon-crazy

igerian politicians are a funny lot. They enjoy making a ready reference to the American narrative when discussing presidential democracy and its practice in Nigeria. They love visiting the US Congress, and attending all sorts of leadership and training programmes organized by all sorts of bodies and institutions in that country. They revel in mouthing rule of law, and transparency, and accountability, and credible elections, and fairness, and justice – democratic ideals, which have made the United States of America a country of freedom and liberty and equal opportunity. They thrive in writing petitions to the US government alleging that the persecution and repression of opposition elements may endanger democracy in Nigeria. However, between words and action, there exists a deep, wide chasm that has made the Nigerian version of presidential democracy a phony adaptation of US’s. The just concluded presidential nomination primaries of the Democratic Party and the Republican Party in the US boldly highlight what a joke our own narrative has been since 1999. Follow me as I identify some critical issues in the organization of, and presentations at, the Democratic National Convention (DNC) while drawing a parallel with what happened at the presidential convention of the All Progressives Congress (APC) and the Peoples Democratic Party (PDP) before the 2015 April polls.

1) On the podium, no hiding place: In the US, the convention ground is specially designed for politicians to showcase their art in political rhetoric. At the Wells Fargo Centre Philadelphia, venue of the Democratic Convention, every one of the over 60 speakers during the four-day event, stood alone on the podium, encircled by 50,000 cheering and clapping party supporters in their seats. The podium was spacious enough to allow a speaker walk up and down some 20 metres or more as s/he stood under the TV cameras and beamed to a global audience. Alone on the podium, every speaker had a duty to hold the attention of party supporters for at least 20 minutes. There was simply no hiding place. In Nigeria on the other hand, the convention is designed to allow politicians hide their inadequacy. In the APC or PDP presidential convention last year, the podium did not breathe. It was crowded and congested. Every speaker was surrounded by a crowd of party chiefs involved in the organisation of the convention. And when it was time for the presidential candidate to accept his nomination, party elders and leaders and state governors and security men surrounded him on the podium. His face buried behind many TV microphones, it was difficult to see him properly, and impossible to read his expressions. And with the grunting and puffing and clapping of those around him, it was even more difficult to make sense of his speech. 2) Simple salutation: Speaker after speaker at the Democratic Convention preferred the simple salutation technique. For President Barrack Obama, it was simply “Hello America!” For first Lady Michelle, it was, “Thank you all. Thank you so much.” For Hillary Clinton it was, “Thank you. Thank you for your amazing welcome.” And for Bill Clinton, it was, “Thank you! Thank you! Thank you!” Indeed for every speaker, the salutation was simple, smart, uncomplicated. But at the APC convention or any event involving Nigerian men of power for that matter, salutation is always a complicated and ponderous exercise. Every speaker would acknowledge “His Excellency…” the national chairman and his deputies and presidential candidate and senate president and state governors and party leaders, one after the other, all by their individual title of Dr. or Chief or Distinguished or Honourable or General or Alhaji or Pastor or a combination of two or three of these. By the time every speaker had wasted five minutes or more observing “all protocol”, the audience is tired, lost and has moved on to initiating or joining discussion with the person sitting next to him.

acknowledging the many of “Their Excellencies” on the podium. In any case, with many politicians having some two, three, four or more wives in their harem, wouldn’t there be a problem celebrating one?

President Muhammadu Buhari

3) At one with the crowd: At the Democratic Convention, there was always a connection between the speaker and the audience. For the audience, there was a time for applause, a time to cheer, a time to listen, and a time to laugh. And for the speaker, there was a time to acknowledge the cheers, a time to pause, a time to speak, and a time to call the audience’s attention to an important point. There was an uncanny understanding between the speaker and his audience, a mutually abiding respect between the sender and the receiver, a given order amidst the boisterous passion and music and even protests at the convention ground. This cannot be said of any party convention in Nigeria. The convention ground is usually noise in motion. Party leaders move everywhere and nowhere, pretending to be busy; as delegates, who do not have the patience or presence of mind to listen to cliché-ridden speeches, mill around. There are constant announcements appealing to delegates to stay in their states’ stands. Watching such chaos on TV could be boring and tedious.

5) Anchor on the past: American politicians never forget their founding fathers and the ideals for which the union was formed. Their constant reminders ensured that one generation after another never forgot, and the ship of state never lost its anchor. Obama remembered when he affirmed at the Democratic Convention: “Our power comes from those immortal declarations first put to paper right here in Philadelphia all those years ago; We hold these truths to be self-evident, that all men are created equal, that together, We, the People, can form a more perfect union.” Michelle remembered when she said, “I want … a president who truly believes in the vision that our founders put forth all those years ago that we are all created equal, each a beloved part of the great American story.” Hillary remembered when she stated, “We’ve come to Philadelphia because what happened in this city 240 years ago still has something to teach us today… When representatives from 13 unruly colonies met down the road from here, some wanted to stick with the king and some wanted to stick it to the king… And by the time they left Philadelphia, they had begun to see themselves as one nation… Our founders embraced the enduring truth that we are stronger together.” How many times have politicians on this side ever bothered to recall the founding fathers of this country or remind generation after generation the ideals for which the nation was built? 6) Always gracious: American politicians understand what it means to be gracious, knowing that in victory or defeat, issues at play are bigger than the individual; it is about the country. That was why Hillary could, in thanking Bernie Sanders, her major competitor in the primary, say, “You’ve put economic

and social justice issues front and centre, where they belong. I want you to know I’ve heard you. Your cause is our cause.” That was also why Obama could say “with confidence (that) there has never been a man or woman more qualified than Hillary Clinton to serve as President of the United States of America.” In Nigeria, however, electoral contest is loaded with bile and bitterness. Victory at the polls is never enough; winners must use the apparatus of state to crush the opposition. And losers would never accept defeat without challenging the result in court. And then whining and griping until the next election cycle. Since party politics is central to democratic development, our democracy is still far from the real deal because our politicians do not walk their talk and we have not done enough to force their hands to so do. When we allow them turn the podium, ordinarily a place to remove the king’s clothes into a hiding place, we are unable to assess their ability and the age of their ideas. A politician who does not know how to put his family first is one who would publicly advise a married colleague to take another wife; he is one who would commoditize the female folk by urging Nigerians to marry locally produced women; he is one who would marry a minor; he is one who would make the menopausal status of another man’s wife the subject of a press conference; and he is one who would frustrate the passage of a gender equality bill. When our politicians do not know where we are coming from, they could not possibly know how to lead us to where we are going. That is why many of them are opposed to fiscal federalism, one of the ideals on which our founding fathers built this country. Politicians who cannot organize an orderly and disciplined party primary cannot possibly organize the country to work for the good of the greatest number of people. And Nigeria has become a war zone because our politicians do not know what it means to be gracious to both allies and opponents. That is why this democracy is simply not working.

4) Family first: Every speaker on the podium first made it a point of duty to introduce his wife or husband and celebrate his family. “In the spring of 1971 I met a girl”, former president Bill Clinton opened his speech with an anecdote of his first meeting with his wife Hillary, their courtship and their political romance. And Hillary acknowledged Chelsea who had earlier introduced her: “I’m so proud to be your mother and so proud of the woman you’ve become.” And to her husband, she said: “And Bill, the conversation we started at the law library 45 years ago is still going strong.” For Michelle Obama, the first thing was to recall how she campaigned for her husband’s election eight years earlier on the strength of his “character and convictions, his decency and his grace…” Then she used the experience of her daughters from their first day in the White House as a powerful symbol to build a case for the election of Hillary Clinton as “this election and every election is about who will have the power to shape our children for the next four or eight years.” And Obama said of his wife, “You fell for my brilliant wife and partner Michelle, who’s made me a better father and a better man; who’s gone on to inspire our nation as First Lady; and who somehow hasn’t aged a day.” I cannot remember any party convention down here in which any of our politicians took the time to acknowledge their wives with such flourish. On this side, politicians only recognise their wives in passing (Her Excellency, my darling wife), mere decorative ornaments. Then Candidate Ayodele Fayose, at the official flag-off of his campaign in Ado Ekiti, was reportedly reminded that he missed out his wife while

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